BILL NUMBER: AB 1869 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 3, 2008
INTRODUCED BY Assembly Member Anderson
FEBRUARY 4, 2008
An act relating to state boards and commissions.
An act to amend Sections 27, 101, 112, 116, 120,
123.5, 124, 125.5, 126, 128.5, 144, 149, 473.3, 1601.1, 1618.5, 1619,
1620.1, 1741, 1742, 2020, 2460, 2460.1, 2461, 2470, 2475.2, 2475.3,
2479, 2480, 2481, 2483, 2484, 2486, 2488, 2492, 2493, 2496, 2497,
2497.5, 2 498, 2499, 2499.5, 2499.6, 2499.8, 2530.2,
2531.02, 2531.3, 2531.4, 2531.5, 2531.95, 2538, 2538.1, 2570.2,
2570.20, 2570.30, 2601, 2602, 2602.1, 2605, 2607, 2608.5, 2609, 2613,
2614, 2615, 2632, 2701, 2708.1, 2709.5, 2710.5, 2713, 2715, 2717,
2841, 2841.1, 2854, 2857, 2858, 2878.1, 2895.5, 2902, 2915.5, 2915.7,
2920, 2920.1, 2930, 2930.5, 2931, 2933, 2934, 2936, 2987.2, 2987.3,
3004, 3010.1, 3018, 3019, 3023, 3024, 3025, 3025.1 3025.2, 3025.5,
3025.6, 3026, 3027, 3028, 3055, 3075, 3300, 3501, 3504.1,
3509, 3510, 3512, 3519.5, 3704, 3710, 3710.1, 3716, 3717, 3718, 3719,
3719.5, 3722, 3766, 3767, 3768, 3769.3, 3778, 4001.1, 4115, 4116,
4501, 4501.1, 4502.2, 4503, 4504, 4505, 4507, 4509.5, 4521.2, 4800.1,
4808, 4809, 4809.5, 4809.6, 4809.7, 4810,4826, 4828, 4830, 4833,
4836, 4836.5, 4837, 4838, 4839, 4841.5, 4842, 4842.1, 4842.2, 4842.5,
4842.6, 4843, 4843.5, 4844, 4846, 4846.1, 4846.2, 4846.4, 4846.5,
4847, 4848, 4848.3, 4849, 4852, 4853, 4853.1, 4853.5, 4853.6, 4854,
4855, 4856, 4860, 4861, 4865, 4866, 4868, 4871, 4872, 4873, 4875,
4875.2, 4875.4, 4875.6, 4876, 4881, 4883, 4885, 4886, 4887, 4900,
4901, 4902, 4904, 4905, 4916, 4925, 4927, 4928, 4928.1, 4933, 4934,
4935, 4938, 4939, 4940, 4941, 4944, 4974, 4979, 4980.03, 4980.07,
4980.30, 4980.34, 4980.35, 4980.38, 4980.39, 4980.395, 4980.40,
4980.43, 4980.44, 4980.50, 4980.54, 4980.57, 4980.60, 4980.70,
4980.80, 4980.90, 4981, 4982, 4982.05, 4984, 4984.01, 4984.5, 4984.6,
4984.7, 4984.75, 4984.8, 4984.9, 4987.5, 4989.12,
4989.16, 4989.18, 4989.20, 4989.22, 4989.24, 4989.26, 4989.28,
4989.30, 4989.32, 4989.34, 4989.40, 4989.44, 4989.46, 4989.54,
4989.56, 4989.58, 4989.62, 4989.64, 4989.68, 4989.70, 4990.12,
4990.18, 4990.20, 4990.22, 4990.24, 4990.26, 4990.28, 4990.34,
4990.36, 4990.38, 4990.40, 4994, 4996.1, 4996.2, 4996.3, 4996.5,
4996.6, 4996.11, 4996.17, 4996.18, 4996.20, 4996.21, 4996.22,
4996.23, 4996.25, 4996.26, 4996.28, 4996.65, 4997, 5008, 5009, 5010,
5013, 5015, 5018, 5020, 5022, 5023, 5024, 5025.1, 5026, 5027, 5028,
5029, 5084, 5133, 5150, 5525, 5526 , 5528, 5620, 6715,
6716, 6717, 6718, 6719, 6726, 6726.1, 6728, 6728.1, 6728.4, 6728.5,
6728.6, 6730, 7000.5, 7011.3, 7011.4, 7011.5, 7011.7, 7012, 7019,
7208, 7209, 7210.5, 7210.6, 7210.7, 7211, 7211.1, 7211.2, 7211.9,
7214, 7215.5, 7215.6, 7216, 7217, 7302, 7303, 7303.1, 7303.2, 7312,
7313, 7314, 7581.2, 7581.3, 7591.8, 7591.9, 7591.10, 7591.11,
7591.19, 7801, 7810.1, 7818, 7819, 7821, 7822, 7823, 7825, 7840,
7850.5, 7850.6, 7855, 8000, 8003, 8004, 8005.1, 8008,
8520, 8520.1, 8525, 8706, 8710, 8711, 8712, 8715, 8715.1, 8720,
8720.1, 8720.4, 8720.5, 8720.6, 10147, 10149, and 19164 of, to amend
and repeal Sections 125.3 and 4945 of, to add Sections 100.5, 4001,
and 4990.1 to, to repeal Sections 102.2, 1616.5, 1743, 1744, 1745,
1746, 1746.1, 1748, 1749, 2002, 2007, 2008, 2010, 2011, 2012, 2013,
2014, 2015, 2016, 2019, 2462, 2463, 2464, 2465, 2466, 2467, 2468,
2469, 2495, 2531, 2531.05, 2531.1, 2531.2, 2531.6, 2531.7, 2531.75,
2531.8, 2531.9, 2570.19, 2570.21, 2603, 2604, 2604.5, 2606, 2607.5,
2611, 2612, 2702, 2703, 2706, 2707, 2708, 2709, 2710, 2712, 2714,
2716, 2842, 2843, 2845, 2846, 2847, 2848, 2849, 2850, 2851, 2852,
2853, 2855, 2921, 2922, 2923, 2924, 2925, 2926, 2927, 2927.5, 2928,
2929, 2935, 3010.5, 3011, 3013, 3014, 3014.6, 3016, 3017, 3321, 3325,
3504, 3505, 3506, 3507, 3508, 3509.5, 3511, 3711, 3712, 3713, 3715,
3720, 4002, 4003, 4004, 4018, 4800, 4801, 4802, 4803, 4804, 4804.5,
4805, 4806, 4807, 4834, 4929, 4930, 4931, 4934.1, 4934.2, 4990,
4990.10, 4990.14, 5000.1, 5000.5, 5001, 5002, 5003, 5004,
5006, 5007, 5011, 5012, 5015.6, 5016, 5017, 5025.2, 5025.3, 5030,
5510, 5514, 5515, 5516, 5517, 5518, 5520, 5521, 5522, 5523, 5524,
5620.1, 5621, 5622, 5624, 5626, 6711, 6712, 6713, 6714, 6720, 7001,
7002, 7003, 7005, 7006, 7007, 7008, 7009, 7010, 7011, 7013, 7015,
7016, 7200, 7200.1, 7200.5, 7207, 7304, 7305, 7309, 7311, 7315,
7581.1, 7581.4, 7591.17, 7591.18, 7591.20, 7810, 7811, 7815, 7815.5,
7816, 7817, 7820, 8001, 8002, 8005, 8502, 8521, 8522, 8523, 8524,
8526, 8527, and 12541 of, and to repeal and add Sections
2001, 4001, 4832, 5000, 5502, 6710, 7201, 7202, 7203, 7204, 7205,
7206, and 8707 of, the Business and Professions Code, to amend
Sections 56.30 and 2079.11 of the Civil Code, to amend Sections
1245.210 and 1245.250 of the Code of Civil Procedure, to amend
Sections 1330, 11001, 17250.40, 17280.5, 17317, 19952, 19972, 19986,
20002, 32282, 35296, 49116, 66021.2, 66022, 66900, 66902, 66903,
66903.2, 66903.3, 66904, 66905, 67312, 67382, 68120.5,
69432.7, 69432.8, 69432.9, 69433, 69433.5, 69433.7, 69434, 69434.5,
69435, 69435.3, 69436, 69437, 69437.3, 69437.6, 69437.7, 69439,
69440, 69506.5, 69507.5, 69508, 69509, 69509.5, 69511, 69513, 69514,
69517, 69517.5, 69518, 69522, 69522.5, 69523, 69525, 69526, 69527,
69528, 69529, 69529.5, 69532, 69533, 69534.1, 69534.4, 69535,
69535.5, 69537, 69538, 69539, 69540, 69541, 69544, 69546, 69546.5,
69547, 69561, 69612, 69613, 69613.1, 69613.2, 69613.4, 69613.5,
69613.6, 69614, 69615, 69615.4, 69615.6, 69620, 69622, 69623, 69625,
69626, 69627, 69740, 69741, 69741.5, 69742, 69743.5, 69744, 69745,
69761, 69761.5, 69761.7, 69763, 69763.1, 69763.2, 69763.3, 69763.4,
69764, 69765, 69766, 69766.1, 69768, 69769.3, 69772, 69774, 69775,
69776, 69776.5, 69777, 69951, 69952, 69954, 69958, 69959, 69965,
69966, 69967, 69969, 81706, 89347, 89529.15, and 94155 of, to amend
the heading of Article 2 (commencing with Section 69510) of Chapter 2
of Part 42 of, to amend the heading of Chapter 11 (commencing with
Section 66900) of Part 40 of, to add Article 1.5
(commencing with Section 66910) to Chapter 11 of Part 40 of, to
repeal Sections 8480, 66901, 66906, 69510, 69511.5, 69512, 69513.1,
69513.5, 69515, 69562, 69769, 69769.5, and 69769.7 of, and to repeal
Article 14 (commencing with Section 8286) of Chapter 2 of Part 6 of,
the Education Code, to amend Sections 5002 and 17400 of the Family
Code, to repeal Article 5 (commencing with Section 14380) of Chapter
3 of Division 5 of the Financial Code, to amend Sections 2192 and
2765 of the Fish and Game Code, to repeal Section 54451.5 of, a
nd to repeal Article 3 (commencing with Section 54442) of
Chapter 2 of Division 20 of, the Food and Agricultural Code, to amend
Sections 4450, 4451, 4459, 4560, 6276.48, 8587.7, 8601, 8670.24,
8690.45, 8870, 8870.1, 8870.5, 8870.55, 8870.6, 8870.7, 8870.71,
8870.95, 8878.52, 8894, 8920, 11041, 11121.1, 11126, 11343, 11346.1,
11351, 11356, 11435.15, 11435.25, 11553, 11553.5, 11555, 11556,
11564, 12420.2, 12813, 13332.16, 14502, 14617, 15853, 15855,
19878, 20130, 21164, 21166, 21167, 21168, 21169, 21170, 21171,
21174, 21430, 21537, 21537.5, 21538, 21540, 21540.5, 21544, 22820,
53115.2, 65915, and 87406 of, to amend the heading of Chapter 12
(commencing with Section 8870) of Division 1 of Title 2 of, to add
Sections 14652, 15563, and 63029 to,to repeal Sections 8870.2,
8870.3, 8870.35, 8870.4, 11033.5, 12231, and 65054.5 of, to repeal
Article 1 (commencing with Section 8260) of Chapter 3.5 of Division 2
of, to repeal Chapter 3.3 (commencing with Section 8255) of Division
1 of Title 2 of, to repeal Chapter 2 (commencing with Section 14999)
of Part 5.7 of Division 3 of Title 2 of, and to repeal and add
Section 53115.1 of, the Government Code, to amend Sections 62.9,
63.6, 71.7, 72.6, 76.5, 1106, 1125, 1126, 1127, 1130, 1131, 1136,
1137, 1162, 1163, 1164, 1166, 1167, 1168, 1170, 1170.1, 1170.2,
1170.3, 1171, 1171.5, 1172, 1173, 1174, 1175, 1176, 1179, 1180,
1180.3, 1180.6, 1181, 1182, 1183, 1190, 1191, 1195, 1196, 1200, 1201,
1201.5, 1203, 6276, 6869, and 6901.1 of, to amend the
heading of Division 1 (commencing with Section 30) of, to add
Sections 63 and 63.3 to, to repeal Sections 31, 704, and 1184 of, to
repeal Chapter 3 (commencing with Section 80) of Division 1 of, to
repeal and add Section 1111 of, and to repeal and add Chapter 2
(commencing with Section 1150) of Division 5 of, the Harbors and
Navigation Code, to amend Sections 1179.1, 1179.3, 1179.5, 1276.05,
1569.698, 1569.699, 1596.87, 1797.64, 13108, 13132.7, 13142.6,
13143.5, 16022, 16101, 16109, 16600, 16601, 17913, 17920.9, 17921,
17958, 17958.7, 17959 , 17959.6, 18613.5, 18901, 18907,
18914, 18926, 18927, 18928, 18928.1, 18929, 18929.1, 18930, 18931,
18931.5, 18932, 18933, 18934, 18934.5, 18934.7, 18934.8, 18935,
18938, 18944.41, 18947, 18949.4, 18958, 18960, 19164, 19881, 19958.6,
25150, 25244.15.1, 25250.1, 50668.5, 50671.6, 51614, 55100, 57102,
105405, 116064, 118505, 127785, 127929, 128030, 128445, 128705,
128720, 128760, 128765, 128770, 129850, 129940, 130005, 130020, and
130063 of, to amend the heading of Article 2 (commencing
with Section 13140) of Chapter 1 of Part 2 of Division 12 of, to
amend the heading of Chapter 3 (commencing with Section 18930) of
Part 2.5 of Division 13 of, to add Section 1179.15 to, to repeal
Sections 1596.873, 13140.5, 13140.6, 13140.7, 13141, 13142.8, 18912,
44021, 128710, and 128715 of, to repeal Article 1 (commencing with
Section 18920) and Article 2 (commencing with Section 18925) of
Chapter 2 of Part 2.5 of Division 13 of, to repeal and add Sections
13140 and 128695 of, and to repeal and add Article 1 (commencing
LEGISLATIVE COUNSEL'S DIGEST
AB 1869, as amended, Anderson. State boards and commissions:
reorganization.
(1) Existing law establishes within the Department of Consumer
Affairs various boards and committees that are responsible for the
regulation of architects, barbers and cosmetologists, geologists and
geophysicists, accountants, contractors, court reporters, engineers
and land surveyors, landscape architects, structural pest control
companies, guide dogs for the blind, veterinarians, and various
practitioners of the healing arts. Existing law also establishes the
Alarm Company Operator Disciplinary Review Committee, the Committee
on Dental Auxiliaries, the Physician Assistant Committee, the
Registered Veterinary Technician Committee, the Board of Pilot
Commissioners for the Bays of San Francisco, San Pablo, and Suisun, 2
private security disciplinary review committees, and a service
agency advisory committee.
This bill would abolish each of those boards and committees and
transfer all of their respective duties, responsibilities,
obligations, liabilities, and jurisdiction (hereafter, duties) to the
department.
(2) Existing law establishes the High-Speed Rail Authority,
comprised of 9 members, as specified, that is responsible for
directing the development and implementation of intercity high-speed
rail service, as specified.
This bill would abolish that authority and transfer all of its
duties to the California Transportation Commission.
(3) Existing law, the Donahoe Higher Education Act, sets forth,
among other things, the missions and functions of California's public
and independent segments of higher education, and their respective
institutions of higher education. The act establishes the 17-member
California Postsecondary Education Commission (CPEC) for, among other
purposes, the collection of data pertinent to the planning and
coordination of the higher education system of the state.
Existing law establishes the Student Aid Commission as the primary
state agency for the administration of state-authorized student
financial aid programs. Existing law requires the Student Aid
Commission to establish a Loan Advisory Council, which is responsible
for the review of the policies and activities of the Federal Family
Education Loan Program and for advising the commission of its
findings and recommendations.
This bill would repeal the provisions that establish the CPEC, the
Student Aid Commission, and the Loan Advisory Council. The plan
would establish the Office of Higher Education and Financial Aid, and
require that all of the functions performed under existing law by
the CPEC, the Student Aid Commission, and the Loan Advisory Council
instead be performed by the Office of Higher Education and Financial
Aid.
(4) Existing law establishes the Seismic Safety Commission with
various responsibilities related to seismic safety. Existing law
establishes the California Building Standards Commission and
prescribes procedures for the approval of building standards and the
publication of the California Building Standards Code.
This bill would abolish the Seismic Safety Commission and the
California Building Standards Commission and transfer their duties to
the Department of General Services. The bill would also abolish the
911 Advisory Board, the Vietnam Veterans Memorial Commission, the
Mexican American Veterans' Memorial Beautification Enhancement
Commission and transfer their duties to the Department of General
Services.
(5) Existing law establishes in the Employment Development
Department the Unemployment Insurance Appeals Board to review the
decisions of administrative law judges regarding petitions for
unemployment insurance benefits. Existing law establishes within the
Labor and Workforce Development Agency the California Occupational
Safety and Health Appeals Board to conduct hearings when an employer
served with a special order relating to occupational safety and
health appeals that order and the Workers' Compensation Appeals Board
which has jurisdiction to determine workers' compensation claims of
an employee for injuries sustained in the course of his or her
employment.
This bill would abolish the Unemployment Insurance Appeals Board,
the California Occupational Safety and Health Appeals Board, and the
Workers' Compensation Appeals Board and transfer their duties to the
Employment and Benefits Appeals Board. The bill would abolish the
Commission on Health and Safety and Workers' Compensation and the
Industrial Welfare Commission and transfer their duties to the Labor
and Workforce Development Agency. The bill would repeal the authority
of the Industrial Welfare Commission to set the minimum wage and
would abolish that commission and transfer its remaining duties to
the Labor and Workforce Development Agency.
(6) The Warren-Alquist State Energy Resources Conservation and
Development Act establishes the State Energy Resources Conservation
and Development Commission (Energy Commission) and requires it to
certify sufficient sites and related facilities that are required to
provide a supply of electricity sufficient to accommodate projected
demand for power statewide.
The existing restructuring of the electrical services industry
establishes the Electricity Oversight Board (Oversight Board) to
oversee the Independent System Operator and the Power Exchange in
order to ensure the success of the electrical industry restructuring
and to ensure a reliable supply of electricity in the transition to a
new market structure. Existing law prescribes the powers and
responsibilities of the Oversight Board.
This bill would abolish the Oversight Board and transfer its
duties to the Energy Commission. The bill would make conforming
changes to provisions relating to the duties of the Oversight Board.
(7) Existing law establishes the California Consumer Power and
Conservation Financing Authority, with powers and responsibilities as
prescribed, including the issuance of revenue bonds, for the
purposes of augmenting electric generating facilities and to ensure a
sufficient and reliable supply of electricity, financing incentives
for investment in cost-effective energy-efficient appliances and
energy demand reduction, achieving a specified energy capacity
reserve level, providing financing for the retrofit of inefficient
electric powerplants, renewable energy, and conservation, and, where
appropriate, developing strategies for the authority to facilitate a
dependable supply of natural gas at reasonable prices to the public.
This bill would abolish the California Consumer Power and
Conservation Financing Authority and transfer its duties to the
Energy Commission.
(8) Existing law contains the California Library Construction and
Renovation Bond Act of 1988 and the California Reading and Literacy
Improvement and Public Library Construction and Renovation Bond Act
of 2000, which authorize the issuance of bonds, pursuant to the State
General Obligation Bond Law, in the amount of $75,000,000 and
$350,000,000 respectively, for the purpose of financing library
construction and renovation. The 1988 act creates the California
Library Construction and Renovation Board, composed of specified
members, and the 2000 act creates the California Public Library
Construction and Renovation Board, composed of specified members to,
among other things, review and approve applications for grants under
the acts.
This bill would transfer the duties of both boards to the Board of
Directors of the California Infrastructure and Economic Development
Bank.
(9) Existing law establishes the Inspection and Maintenance Review
Committee and the Commission on Uniform State Laws.
This bill would eliminate the committee and the commission.
(10) Existing law establishes the 9-member California Water
Commission in the Department of Water Resources and requires the
commission to conduct an annual review of the progress and operation
of the State Water Project and to carry out various other related
functions.
Existing law establishes the Central Valley Flood Protection
Board. Existing law authorizes the board to engage in various flood
control activities along the Sacramento River, San Joaquin River,
their tributaries, and related areas. Existing law requires the board
to establish and enforce standards for the maintenance and operation
of, and to undertake other responsibilities with regard to, flood
control works under its jurisdiction.
Existing law establishes the 8-member Colorado River Board of
California in the Resources Agency and requires that board to carry
out certain functions relating to the Colorado River.
This bill would eliminate the California Water Commission, the
Central Valley Flood Protection Board, and the Colorado River Board
of California and transfer the duties undertaken by the commission
and those boards to the Department of Water Resources.
(11) Existing law establishes the Office of Rural Health, the
Rural Health Policy Council, the State Board of Forestry and Fire
Protection, the Boating and Waterways Commission, the Board of Pilot
Commissioners for the Bays of San Francisco, San Pablo, and Suisun,
the State Mining and Geology Board, the California Recreational
Trails Committee, the California Integrated Waste Management Board,
the Commission on Emergency Medical Services, the Heart Disease and
Stroke Prevention and Treatment Task Force, and the Health Policy and
Data Advisory Commission and the State Board of Fire Services.
This bill would also abolish these boards, commissions,
committees, councils, and offices, and transfer their duties to the
department, agency, or authority, as specified: (a) the Office of
Rural Health to the State Department of Health Care Services; (b) the
Rural Health Policy Council to the State Department of Health Care
Services; (c) the State Board of Forestry and Fire Protection to the
Department of the Forestry and Fire Protection; (d) the Boating and
Waterways Commission to the Department of Boating and Waterways; (e)
the Board of Pilot Commissioners for the Bays of San Francisco, San
Pablo, and Suisun, to the Department of Consumer Affairs; (f) the
State Mining and Geology Board to the Department of Conservation; (g)
California Recreational Trails Committee to the Department of Parks
and Recreation; (h) the California Integrated Waste Management Board
to the California Environmental Protection Agency; (i) the Commission
on Emergency Medical Services to the Emergency Medical Services
Authority; (j) the Health Policy and Data Advisory Commission to the
Office of Statewide Health Planning and Development; and (k) the
State Board of Fire Services to the Department of Forestry and Fire
Protection.
(12) Existing law establishes the Credit Union Advisory Committee,
the Inspection and Maintenance Review Committee, an agriculture
bargaining association advisory committee, and an advisory committee
on child development programs.
This bill would abolish each of these advisory bodies.
Existing law establishes various boards and commissions in state
government.
This bill would declare the intent of the Legislature to effect
the changes proposed by the California Performance Review to
eliminate and consolidate various state boards and commissions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 27 of the Business
and Professions Code is amended to read:
27. (a) Every The department and
each entity specified in subdivision (b), on or
after July 1, 2001, shall provide on the Internet
information regarding the status of every license issued by the
department or that entity in accordance with the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code) and the Information
Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of
Title 1.8 of Part 4 of Division 3 of the Civil Code). The public
information to be provided on the Internet shall include information
on suspensions and revocations of licenses issued by the
department or entity and other related enforcement action taken
by the department or entity relative to persons,
businesses, or facilities subject to licensure or regulation by the
department or entity. In providing information on the
Internet, each department or entity shall comply with the
Department of Consumer Affairs Guidelines for
Access to Public Records. The information may not include personal
information, including home telephone number, date of birth, or
social security number. Each department or entity shall
disclose a licensee's address of record. However, each
department or entity shall allow a licensee to provide a post
office box number or other alternate address, instead of his or her
home address, as the address of record. This section shall not
preclude the department or an entity from also requiring a
licensee, who has provided a post office box number or other
alternative mailing address as his or her address of record, to
provide a physical business address or residence address only for the
department's or entity's internal administrative use and
not for disclosure as the licensee's address of record or disclosure
on the Internet.
(b) Each of the following entities within the Department
of Consumer Affairs department shall comply with
the requirements of this section:
(1) The Acupuncture Board shall disclose information on its
licensees.
(2) The Board of Behavioral Sciences shall disclose information on
its licensees, including marriage and family therapists, licensed
clinical social workers, and licensed educational psychologists.
(3) The Dental Board of California shall disclose information on
its licensees.
(4) The State Board of Optometry shall disclose information
regarding certificates of registration to practice optometry,
statements of licensure, optometric corporation registrations, branch
office licenses, and fictitious name permits of their licensees.
(5) The Board for Professional Engineers and Land Surveyors shall
disclose information on its registrants and licensees.
(6) The Structural Pest Control Board shall disclose information
on its licensees, including applicators, field representatives, and
operators in the areas of fumigation, general pest and wood
destroying pests and organisms, and wood roof cleaning and treatment.
(7)
(1) The Bureau of Automotive Repair shall
disclose information on its licensees, including auto repair dealers,
smog stations, lamp and brake stations, smog check technicians, and
smog inspection certification stations.
(8)
(2) The Bureau of Electronic and Appliance
Repair shall disclose information on its licensees, including major
appliance repair dealers, combination dealers (electronic and
appliance), electronic repair dealers, service contract sellers, and
service contract administrators.
(9)
(3) The Cemetery Program
and Funeral Bureau shall disclose information on its
licensees, including cemetery brokers, cemetery salespersons,
crematories, and cremated remains disposers.
(10)
(4) The Funeral Directors and
Embalmers Program Cemetery and Funeral Bureau
shall disclose information on its licensees, including embalmers,
funeral establishments, and funeral directors.
(11)
(5) The Contractors' State License
Board department shall disclose information on
its licensees in accordance with Chapter 9 (commencing with Section
7000) of Division 3. In addition to information related to licenses
as specified in subdivision (a), the board
department shall also disclose information provided to the
board d epartment by the
Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(12)
(6) The Board of Psychology
department shall disclose information on its
licensees, including psychologists, psychological assistants, and
registered psychologists.
(c) "Internet" for the purposes of this section has the meaning
set forth in paragraph (6) of subdivision (e) of Section 17538.
SEC. 2. Section 100.5 is added to the
Business and Professions Code , to read:
100.5. (a) The department succeeds to, and is vested with, all
the duties, powers, purposes, responsibilities, and jurisdiction of
all of the following entities, which are hereby abolished and shall
no longer exist and shall be known as predecessor entities:
(1) The Acupuncture Board.
(2) The Alarm Company Operator Disciplinary Review Commission.
(3) The California Architects Board.
(4) The Board of Barbering and Cosmetology.
(5) The State Board of Registration for Geologists and
Geophysicists.
(6) The California Board of Accountancy.
(7) The Board of Behavioral Sciences.
(8) The Dental Board of California.
(9) The Board of Pilot Commissioners for the Bays of San
Francisco, San Pablo, and Suisun.
(10) The California Board of Podiatric Medicine.
(11) The Board of Psychology.
(12) The Board of Registered Nursing.
(13) The California State Board of Pharmacy.
(14) The Committee on Dental Auxiliaries.
(15) The Contractors' State License Board.
(16) The Court Reporters Board of California.
(17) The Board for Professional Engineers and Land Surveyors.
(18) The Landscape Architects Technical Committee.
(19) The Medical Board of California.
(20) The California Board of Occupational Therapy.
(21) The Physical Therapy Board of California.
(22) The Physician Assistant Committee.
(23) The private security disciplinary review committees
established pursuant to former Section 7581.1.
(24) The Registered Veterinary Technician Committee.
(25) The Respiratory Care Board of California.
(26) The service agency advisory committee established pursuant to
Section 12541.
(27) The Speech-Language Pathology and Audiology Board.
(28) The State Board of Guide Dogs for the Blind.
(29) The State Board of Optometry.
(30) The Structural Pest Control Board.
(31) The Veterinary Medical Board.
(32) The Bureau of Vocational Nursing and Psychiatric Technicians.
(b) All officers and employees of the predecessor entities who are
serving in the state civil service, other than as temporary
employees, shall be transferred to the department. The status,
positions, and rights of those persons shall not be affected by the
transfer and shall be retained by those persons as officers and
employees of the department, pursuant to the State Civil Service Act
(Part 2 (commencing with Section 18500) of Division 5 of Title 2 of
the Government Code), except as to positions exempt from civil
service.
(c) The department shall have possession and control of all
records, papers, offices, equipment, supplies, moneys, funds,
appropriations, licenses, permits, agreements, contracts, claims,
judgments, land, and other property, real or personal, connected with
the administration of, or held for, the benefit or use of the
predecessor entities.
(d) Any regulation or other action, adopted, prescribed, taken, or
performed by a predecessor entity or officer in the administration
of a program or the performance of a duty, responsibility, or
authorization transferred by the act adding this section shall remain
in effect and shall be deemed to be a regulation or action of the
department.
(e) No suit, action, or other proceeding lawfully commenced by or
against any predecessor entity or other officer of the state, in
relation to the administration of any program or the discharge of any
duty, responsibility, or authorization transferred by the act adding
this section, shall abate by reason of the transfer of the program,
duty, responsibility, or authorization under the act adding this
section.
(f) No contract, lease, license, bond, or any other agreement to
which the predecessor entities or any of their predecessors are a
party shall be void or voidable by reason of the enactment of the act
adding this section, but shall continue in full force and effect,
with the department assuming all of the rights, obligations,
liabilities, and duties of the predecessor entities and any of their
predecessors. That assumption by the department shall not in any way
affect the rights of the parties to the contract, lease, license, or
agreement. Bonds issued by the predecessor entities or any of their
predecessors, shall become the indebtedness of the department. Any
ongoing obligations or responsibilities of the predecessor entities
for managing and maintaining bond issuances shall be transferred to
the department without impairment to any security contained in the
bond instrument.
SEC. 3. Section 101 of the Business and
Professions Code is amended to read:
101. The department is comprised of:
(a) The Dental Board of California.
(b) The Medical Board of California.
(c) The State Board of Optometry.
(d) The California State Board of Pharmacy.
(e) The Veterinary Medical Board.
(f) The California Board of Accountancy.
(g) The California Architects Board.
(h) The Bureau of Barbering and Cosmetology.
(i) The Board for Professional Engineers and Land Surveyors.
(j) The Contractors' State License Board.
(k)
(a) The Bureau for Private Postsecondary and
Vocational Education.
() The Structural Pest Control Board.
(m)
(b) The Bureau of Home Furnishings and
Thermal Insulation.
(n) The Board of Registered Nursing.
(o) The Board of Behavioral Sciences.
(p)
(c) The State Athletic Commission.
(q)
(d) The Cemetery and Funeral Bureau.
(r) The State Board of Guide Dogs for the Blind.
(s)
(e) The Bureau of Security and Investigative
Services.
(t) The Court Reporters Board of California.
(u) The Board of Vocational Nursing and Psychiatric Technicians.
(v) The Landscape Architects Technical Committee.
(w)
( f) The Bureau of Electronic and
Appliance Repair.
(x)
( g ) The Division of
Investigation.
(y)
( h ) The Bureau of
Automotive Repair.
(z) The State Board of Registration for Geologists and
Geophysicists.
(aa) The Respiratory Care Board of California.
(ab) The Acupuncture Board.
(ac) The Board of Psychology.
(ad) The California Board of Podiatric Medicine.
(ae) The Physical Therapy Board of California.
(af)
( i ) The Arbitration
Review Program.
(ag) The Committee on Dental Auxiliaries.
(ah)
( j ) The Hearing Aid
Dispensers Bureau.
(ai) The Physician Assistant Committee.
(aj) The Speech-Language Pathology and Audiology Board.
(ak) The California Board of Occupational Therapy.
(a)
( k ) The Osteopathic
Medical Board of California.
(am)
(l) The Bureau of Naturopathic Medicine.
(an)
( m ) Any other
boards, offices, or officers subject to its jurisdiction by law
, including any bureau or office that may be created upon abolition
of any board the functions of which the department succeeds to. Any
bureau or office so created shall be under the supervision and
control of the director .
SEC. 4. Section 102.2 of the Business
and Professions Code is repealed.
102.2. (a) If the Structural Pest Control Board does not comply
with the contingencies specified in paragraphs (a) to (d), inclusive,
of Provision 1 of Item 1530-001-0775 of the Budget Act of 1995 by
January 1, 1996, as determined by the Department of Consumer Affairs,
then the department may succeed to and is vested with all the
duties, powers, purpose, responsibilities, and jurisdiction of the
board, including the employment of one executive director for the
purposes of performing the department obligations herein.
(b) If the department elects to not exercise control over the
board pursuant to subdivision (a), the department shall monitor the
board on a monthly basis and the Controller shall, on a monthly
basis, transfer the necessary amount of funds, not to exceed
one-sixth of the amount of the appropriation for each fund identified
in subdivision (c), to the board for the purpose of this
subdivision. If at any time the department determines that the board
is not meeting satisfactory progress toward the obligations set forth
in subdivision (a), the department may invoke privileges of
succession as allowed by subdivision (a).
Monitoring shall include a monthly report from the board, the
status of meeting the obligations set forth in subdivisions (a)
through (d), inclusive, of Provision 1 of Item 1530-001-0775 of the
Budget Act of 1995 in addition to other statutory obligations as
prescribed by law.
(c) Notwithstanding Section 107, any provision of law authorizing
the appointment of an executive officer by the Structural Pest
Control Board shall not be implemented and shall have no force or
effect while the board is inoperative or repealed. This subdivision
shall be in effect only if the Department of Consumer Affairs invokes
privileges of succession pursuant to subdivision (a).
(d) In the event that the Structural Pest Control Board does not
comply with Provision 1 of Item 1530-001-0775 of the Budget Act of
1995 by January 1, 1996, as determined by the department, the sum of
one million three hundred fifty-five thousand dollars ($1,355,000) is
thereupon appropriated from the Structural Pest Control Fund to the
department, and the sum of one hundred three thousand dollars
($103,000) is thereupon appropriated from the Structural Pest Control
Education and Enforcement Fund to the department, for purposes of
this section.
SEC. 5. Section 112 of the Business and
Professions Code is amended to read:
112. Notwithstanding any other provision of this code, no
agency bureau or office in the
department , with the exception of the Board for
Professional Engineers and Land Surveyors, shall be
required to compile, publish, sell, or otherwise distribute a
directory. When an agency deems The director
may determine that it is necessary to compile and
publish a directory , the agency shall cooperate with the
director in determining for a bureau or office, and if
so, shall determine its form and content, the time and
frequency of its publication, the persons to whom it is to be sold or
otherwise distributed, and its price if it is sold. Any
agency that requires the approval of the director for the
compilation, publication, or distribution of a directory, under the
law in effect at the time the amendment made to this section at the
1970 Regular Session of the Legislature becomes effective, shall
continue to require that approval. As used in this section,
"directory" means a directory, roster, register, or similar
compilation of the names of persons who hold a license, certificate,
permit, registration, or similar indicia of authority from the
agency bureau or office .
SEC. 6. Section 116 of the Business and
Professions Code is amended to read:
116. (a) The director may audit and review, upon his or her own
initiative, or upon the request of a consumer or licensee, inquiries
and complaints regarding licensees, dismissals of disciplinary cases,
the opening, conduct, or closure of investigations, informal
conferences, and discipline short of formal accusation by
the Medical Board of California, the allied health professional
boards, and the California Board of Podiatric Medicine
, relative to a licensee subject to Chapter 5 (commencing with
Section 2000) of Division 2 . The director may make
recommendations for changes to the disciplinary system to
the appropriate board, the Legislature , or both
.
(b) The director shall report to the Chairpersons of the Senate
Business and Professions Committee and the Assembly Health Committee
annually , commencing March 1, 1995, regarding his
or her findings from any audit, review, or monitoring and evaluation
conducted pursuant to this section.
SEC. 7. Section 120 of the Business and
Professions Code is amended to read:
120. (a) Subdivision (a) of Section 119 shall not apply to a
surviving spouse having in his or her possession or displaying a
deceased spouse's canceled certified public accountant certificate or
canceled public accountant certificate that has been canceled by
official action of the California Board of Accountancy
department .
(b) Notwithstanding Section 119, any person who has received a
certificate of certified public accountant or a certificate of public
accountant from the board department
may possess and may display the certificate received unless the
person's certificate, permit, or registration has been suspended or
revoked.
SEC. 8. Section 123.5 of the Business
and Professions Code is amended to read:
123.5. Whenever any person has engaged, or is about to engage, in
any acts or practices which constitute, or will constitute, a
violation of Section 123, the superior court in and for the county
wherein the acts or practices take place, or are about to take place,
may issue an injunction, or other appropriate order, restraining
such conduct on application of a board the
department , the Attorney General , or the district
attorney of the county.
The proceedings under this section shall be governed by Chapter 3
(commencing with Section 525) of Title 7 of Part 2 of the Code of
Civil Procedure.
The remedy provided for by this section shall be in addition to,
and not a limitation on, the authority provided for in any other
provision of law.
SEC. 9. Section 124 of the Business and
Professions Code is amended to read:
124. Notwithstanding subdivision (c) of Section 11505 of the
Government Code, whenever written notice, including a notice, order,
or document served pursuant to Chapter 3.5 (commencing with Section
11340), Chapter 4 (commencing with Section 11370), or Chapter 5
(commencing with Section 11500), of Part 1 of Division 3 of Title 2
of the Government Code, is required to be given by any board
in the department, the notice may be given by regular mail
addressed to the last known address of the licentiate or by personal
service, at the option of the board
department .
SEC. 10. Section 125.3 of the Business
and Professions Code , as amended by Section 2 of Chapter
223 of the Statutes of 2006, is amended to read:
125.3. (a) Except as otherwise provided by law, in any order
issued in resolution of a disciplinary proceeding before any
board within the department or before the Osteopathic
Medical Board, upon request of the entity bringing the proceeding,
the administrative law judge may direct a licentiate found to have
committed a violation or violations of the licensing act to pay a sum
not to exceed the reasonable costs of the investigation and
enforcement of the case.
(b) In the case of a disciplined licentiate that is a corporation
or a partnership, the order may be made against the licensed
corporate entity or licensed partnership.
(c) A certified copy of the actual costs, or a good faith estimate
of costs where actual costs are not available, signed by the entity
bringing the proceeding or its designated representative shall be
prima facie evidence of reasonable costs of investigation and
prosecution of the case. The costs shall include the amount of
investigative and enforcement costs up to the date of the hearing,
including, but not limited to, charges imposed by the Attorney
General.
(d) The administrative law judge shall make a proposed finding of
the amount of reasonable costs of investigation and prosecution of
the case when requested pursuant to subdivision (a). The finding of
the administrative law judge with regard to costs shall not be
reviewable by the board entity to
increase the cost award. The board entity
may reduce or eliminate the cost award, or remand to the
administrative law judge if the proposed decision fails to make a
finding on costs requested pursuant to subdivision (a).
(e) If an order for recovery of costs is made and timely payment
is not made as directed in the board's entity'
s decision, the board entity may
enforce the order for repayment in any appropriate court. This right
of enforcement shall be in addition to any other rights the
board entity may have as to any licentiate to
pay costs.
(f) In any action for recovery of costs, proof of the
board's entity's decision shall be conclusive
proof of the validity of the order of payment and the terms for
payment.
(g) (1) Except as provided in paragraph (2), the board
entity shall not renew or reinstate the license
of any licentiate who has failed to pay all of the costs ordered
under this section.
(2) Notwithstanding paragraph (1), the board
entity may, in its discretion, conditionally renew or
reinstate for a maximum of one year the license of any licentiate who
demonstrates financial hardship and who enters into a formal
agreement with the board entity to
reimburse the board entity within that
one-year period for the unpaid costs.
(h) All costs recovered under this section shall be considered a
reimbursement for costs incurred and shall be deposited in the fund
of the board entity recovering the
costs to be available upon appropriation by the Legislature.
(i) Nothing in this section shall preclude a board
an entity from including the recovery of the
costs of investigation and enforcement of a case in any stipulated
settlement.
(j) This section does not apply to any board
an entity if a specific statutory provision in
that board's the applicable licensing act
provides for recovery of costs in an administrative disciplinary
proceeding.
(k) Notwithstanding the provisions of this section, the Medical
Board of California shall not request nor obtain from a physician and
surgeon, investigation and prosecution costs for a disciplinary
proceeding against the licentiate. The board shall ensure that this
subdivision is revenue neutral with regard to it and that any loss of
revenue or increase in costs resulting from this subdivision is
offset by an increase in the amount of the initial license fee and
the biennial renewal fee, as provided in subdivision (e) of Section
2435.
(k) As used in this section, "entity" means the department or the
Osteopathic Medical Board, except as provided in subdivision (j).
SEC. 11. Section 125.3 of the Business
and Professions Code , as added by Section 1 of Chapter
1059 of the Statutes of 1992, is repealed.
125.3. (a) Except as otherwise provided by law, in any order
issued in resolution of a disciplinary proceeding before any board
within the department or before the Osteopathic Medical Board, upon
request of the entity bringing the proceeding may request the
administrative law judge to direct a licentiate found to have
committed a violation or violations of the licensing act to pay a sum
not to exceed the reasonable costs of the investigation and
enforcement of the case.
(b) In the case of a disciplined licentiate that is a corporation
or a partnership, the order may be made against the licensed
corporate entity or licensed partnership.
(c) A certified copy of the actual costs, or a good faith estimate
of costs where actual costs are not available, signed by the entity
bringing the proceeding or its designated representative shall be
prima facie evidence of reasonable costs of investigation and
prosecution of the case. The costs shall include the amount of
investigative and enforcement costs up to the date of the hearing,
including, but not limited to, charges imposed by the Attorney
General.
(d) The administrative law judge shall make a proposed finding of
the amount of reasonable costs of investigation and prosecution of
the case when requested pursuant to subdivision (a). The finding of
the administrative
law judge with regard to costs shall not be reviewable by the board
to increase the cost award. The board may reduce or eliminate the
cost award, or remand to the administrative law judge where the
proposed decision fails to make a finding on costs requested pursuant
to subdivision (a).
(e) Where an order for recovery of costs is made and timely
payment is not made as directed in the board's decision, the board
may enforce the order for repayment in any appropriate court. This
right of enforcement shall be in addition to any other rights the
board may have as to any licentiate to pay costs.
(f) In any action for recovery of costs, proof of the board's
decision shall be conclusive proof of the validity of the order of
payment and the terms for payment.
(g) (1) Except as provided in paragraph (2), the board shall not
renew or reinstate the license of any licentiate who has failed to
pay all of the costs ordered under this section.
(2) Notwithstanding paragraph (1), the board may, in its
discretion, conditionally renew or reinstate for a maximum of one
year the license of any licentiate who demonstrates financial
hardship and who enters into a formal agreement with the board to
reimburse the board within that one-year period for the unpaid costs.
(h) All costs recovered under this section shall be considered a
reimbursement for costs incurred and shall be deposited in the fund
of the board recovering the costs to be available upon appropriation
by the Legislature.
(i) Nothing in this section shall preclude a board from including
the recovery of the costs of investigation and enforcement of a case
in any stipulated settlement.
(j) This section does not apply to any board if a specific
statutory provision in that board's licensing act provides for
recovery of costs in an administrative disciplinary proceeding.
SEC. 12. Section 125.5 of the Business
and Professions Code is amended to read:
125.5. (a) The superior court for the county in which any person
has engaged or is about to engage in any act which constitutes a
violation of a chapter of this code administered or enforced by
a board within the department may, upon a petition
filed by the board with the approval of the
director, issue an injunction or other appropriate order restraining
such conduct. The proceedings under this section shall be governed by
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure. As used in this section, "board"
includes commission, bureau, division, agency and a medical quality
review committee.
(b) The superior court for the county in which any person has
engaged in any act which constitutes a violation of a chapter of this
code administered or enforced by a board within
the department may, upon a petition filed by the
board with the approval of the director, order
such person to make restitution to persons injured as a result of
such violation.
(c) The court may order a person subject to an injunction or
restraining order, provided for in subdivision (a) of this
section , or subject to an order requiring restitution
pursuant to subdivision (b), to reimburse the petitioning
board department for expenses incurred by the
board department in its investigation
related to its petition.
(d) The remedy provided for by this section shall be in addition
to, and not a limitation on, the authority provided for in any other
section of this code.
SEC. 13. Section 126 of the Business
and Professions Code is amended to read:
126. Notwithstanding any other provision of this code, any board,
commission, examining committee, or other similarly constituted
agency within the department required prior to the effective date of
this section to submit reports to the Governor under any provision of
this code shall not be required to submit such
those reports. The department, as the successor to
those agencies, shall also not be required to submit those reports.
SEC. 14. Section 128.5 of the Business
and Professions Code is amended to read:
128.5. (a) Notwithstanding
any other provision of law, if at the end of any fiscal year,
an agency a bureau, office, or program
within the Department of Consumer Affairs, except the
agencies referred to in subdivision (b), department
has unencumbered funds in an amount that equals or is more than
the agency's operating budget of the bureau,
office, or program for the next two fiscal years, the
agency department shall reduce license or other
fees, whether the license or other fees be fixed by statute or may
be determined by the agency department
within limits fixed by statute, during the following fiscal year in
an amount that will reduce any surplus funds of the agency
of that bureau, office, or program to an amount
less than the agency's operating budget for the
next two fiscal years.
(b) Notwithstanding any other provision of law, if at the end of
any fiscal year, the California Architects Board, the Board of
Behavioral Science Examiners, the Veterinary Medical Board, the Court
Reporters Board of California, the Medical Board of California, the
Board of Vocational Nursing and Psychiatric Technicians, or the
Bureau of Security and Investigative Services has unencumbered funds
in an amount that equals or is more than the agency's operating
budget for the next two fiscal years, the agency shall reduce license
or other fees, whether the license or other fees be fixed by statute
or may be determined by the agency within limits fixed by statute,
during the following fiscal year in an amount that will reduce any
surplus funds of the agency to an amount less than the agency's
operating budget for the next two fiscal years.
SEC. 15. Section 144 of the Business
and Professions Code is amended to read:
144. (a) Notwithstanding any other provision of law, an agency
designated in subdivision (b) or the department, upon the
department becoming the successor entity to those agencies,
shall require an applicant to furnish to the agency or
department a full set of fingerprints for purposes of
conducting criminal history record checks. Any
The agency designated in subdivision (b)
or department may obtain and receive, at its discretion,
criminal history information from the Department of Justice and the
United States Federal Bureau of Investigation.
(b) Subdivision (a) applies to the following:
(1) The California Board of Accountancy.
(2) The State Athletic Commission.
(3) The Board of Behavioral Sciences.
(4) The Court Reporters Board of California.
(5) The State Board of Guide Dogs for the Blind.
(6) The California State Board of Pharmacy.
(7) The Board of Registered Nursing.
(8) The Veterinary Medical Board.
(9) The Registered Veterinary Technician Committee.
(10) The Board of Vocational Nursing and Psychiatric
Technicians.
(11) The Respiratory Care Board of California.
(12) The Hearing Aid Dispensers Advisory
Commission Bureau .
(13) The Physical Therapy Board of California.
(14) The Physician Assistant Committee of the Medical
Board of California.
(15) The Speech-Language Pathology and Audiology Board.
(16) The Medical Board of California.
(17) The State Board of Optometry.
(18) The Acupuncture Board.
(19) The Cemetery and Funeral Bureau.
(20) The Bureau of Security and Investigative Services.
(21) The Division of Investigation.
(22) The Board of Psychology.
(23) The California Board of Occupational Therapy.
(24) The Structural Pest Control Board.
(25) The Contractors' State License Board.
(26) The Bureau of Naturopathic Medicine.
(c) The provisions of paragraph (24) of subdivision (b)
shall become operative on July 1, 2004. The provisions of paragraph
Paragraph (25) of subdivision (b) shall become
operative on the date on which sufficient funds are available for the
Contractors' State License Board or its successor and the
Department of Justice to conduct a criminal history record check
pursuant to this section or on July 1, 2005, whichever occurs first.
SEC. 16. Section 149 of the Business
and Professions Code is amended to read:
149. (a) If, upon investigation, an agency designated in
subdivision (e) or the department, upon the department becoming
the successor entity to any of those agencies, has probable
cause to believe that a person is advertising in a telephone
directory with respect to the offering or performance of services,
without being properly licensed by or registered with the agency
or department, as applicable, to offer or perform those
services, the agency or department may issue a citation
under Section 148 containing an order of correction that requires the
violator to do both of the following:
(1) Cease the unlawful advertising.
(2) Notify the telephone company furnishing services to the
violator to disconnect the telephone service furnished to any
telephone number contained in the unlawful advertising.
(b) This action is stayed if the person to whom a citation is
issued under subdivision (a) notifies the agency or department,
as applicable, in writing that he or she intends to contest the
citation. The agency or department shall afford an
opportunity for a hearing, as specified in Section 125.9.
(c) If the person to whom a citation and order of correction is
issued under subdivision (a) fails to comply with the order of
correction after that order is final, the agency or department,
as applicable, shall inform the Public Utilities Commission of
the violation and the Public Utilities Commission shall require the
telephone corporation furnishing services to that person to
disconnect the telephone service furnished to any telephone number
contained in the unlawful advertising.
(d) The good faith compliance by a telephone corporation with an
order of the Public Utilities Commission to terminate service issued
pursuant to this section shall constitute a complete defense to any
civil or criminal action brought against the telephone corporation
arising from the termination of service.
(e) Subdivision (a) shall apply to the following boards, bureaus,
committees, commissions, or programs:
(1) The Bureau Board of Barbering
and Cosmetology.
(2) The Funeral Directors and Embalmers Program
Cemetery and Funeral Bureau .
(3) The Veterinary Medical Board.
(4) The Hearing Aid Dispensers Advisory Commission
Bureau .
(5) The Landscape Architects Technical Committee.
(6) The California Board of Podiatric Medicine.
(7) The Respiratory Care Board of California.
(8) The Bureau of Home Furnishings and Thermal Insulation.
(9) The Bureau of Security and Investigative Services.
(10) The Bureau of Electronic and Appliance Repair.
(11) The Bureau of Automotive Repair.
(12) The Tax Preparers Program.
(13) The California Architects Board.
(14) The Speech-Language Pathology and Audiology Board.
(15) The Board for Professional Engineers and Land Surveyors.
(16) The Board of Behavioral Sciences.
(17) The State Board for Geologists and Geophysicists.
(18) The Structural Pest Control Board.
(19) The Acupuncture Board.
(20) The Board of Psychology.
(21) The California Board of Accountancy.
(22) The Bureau of Naturopathic Medicine.
SEC. 17. Section 473.3 of the Business
and Professions Code is amended to read:
473.3. (a) Prior to the termination, continuation, or
reestablishment of any board or any of the board's functions, the
Joint Committee on Boards, Commissions, and Consumer Protection
shall, during the interim recess preceding the date upon which a
board becomes inoperative, hold public hearings to receive testimony
from the Director of Consumer Affairs, the board involved, and the
public and regulated industry. In that hearing, each board shall have
the burden of demonstrating a compelling public need for the
continued existence of the board or regulatory program, and that its
licensing function is the least restrictive regulation consistent
with the public health, safety, and welfare.
(b) In addition to subdivision (a), in 2002 and every four years
thereafter, the committee, in cooperation with the
California Postsecondary Education Commission Office
of Higher Education and Financial Aid , shall hold a public
hearing to receive testimony from the Director of Consumer Affairs,
the Bureau for Private Postsecondary and Vocational Education,
private postsecondary educational institutions regulated by the
bureau, and students of those institutions. In those hearings, the
bureau shall have the burden of demonstrating a compelling public
need for the continued existence of the bureau and its regulatory
program, and that its function is the least restrictive regulation
consistent with the public health, safety, and welfare.
(c) The committee, in cooperation with the California
Postsecondary Education Commission Office of Higher
Education and Financial Aid , shall evaluate and review the
effectiveness and efficiency of the Bureau for Private Postsecondary
and Vocational Education, based on factors and minimum standards of
performance that are specified in Section 473.4. The committee shall
report its findings and recommendations as specified in Section
473.5. The bureau shall prepare an analysis and submit a report to
the committee as specified in Section 473.2.
(d) In addition to subdivision (a), in 2003 and every four years
thereafter, the committee shall hold a public hearing to receive
testimony from the Director of Consumer Affairs and the Bureau of
Automotive Repair. In those hearings, the bureau shall have the
burden of demonstrating a compelling public need for the continued
existence of the bureau and its regulatory program, and that its
function is the least restrictive regulation consistent with the
public health, safety, and welfare.
(e) The committee shall evaluate and review the effectiveness and
efficiency of the Bureau of Automotive Repair based on factors and
minimum standards of performance that are specified in Section 473.4.
The committee shall report its findings and recommendations as
specified in Section 473.5. The bureau shall prepare an analysis and
submit a report to the committee as specified in Section 473.2.
SEC. 18. Section 1601.1 of the Business
and Professions Code is amended to read:
1601.1. (a) There shall be in the Department of Consumer
Affairs the Dental Board of California Any reference
to "board" in this chapter or to the "Dental Board of California" or
the "Board of Dental Examiners" in any law or regulation shall be
deemed a reference to the department in which the
administration of this chapter is vested. The board shall
consist of eight practicing dentists, one registered dental
hygienist, one registered dental assistant, and four public members.
Of the eight practicing dentists, one shall be a member of a faculty
of any California dental college and one shall be a dentist
practicing in a nonprofit community clinic. The appointing powers,
described in Section 1603, may appoint to the board a person who was
a member of the prior board. The board shall be organized into
standing committees dealing with examinations, enforcement, and other
subjects as the board deems appropriate The
department's authority shall apply to examinations, enforcement, and
disciplinary actions undertaken by the department's predecessor, and
to any other subjects deemed appropriate by the director .
(b) For purposes of this chapter, any reference in this chapter to
the Board of Dental Examiners shall be deemed to refer to the Dental
Board of California.
(c) The board shall have all authority previously vested in the
existing board under this chapter. The board may enforce all
disciplinary actions undertaken by the previous board.
(d)
(b) This section shall become inoperative on July 1,
2008, and, as of January 1, 2009, is repealed, unless a later enacted
statute that is enacted before January 1, 2009, deletes or extends
the dates on which it becomes inoperative and is repealed. The repeal
of this section renders the board this
chapter subject to the review required by Division 1.2
(commencing with Section 473).
SEC. 19. Section 1616.5 of the Business
and Professions Code is repealed.
1616.5. (a) The board, by and with the approval of the director,
may appoint a person exempt from civil service who shall be
designated as an executive officer and who shall exercise the powers
and perform the duties delegated by the board and vested in him or
her by this chapter.
(b) This section shall become inoperative on July 1, 2008, and, as
of January 1, 2009, is repealed, unless a later enacted statute that
is enacted before January 1, 2009, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 20. Section 1618.5 of the Business
and Professions Code is amended to read:
1618.5. (a) The board department
shall provide to the Director of the Department of Managed Health
Care a copy of any accusation filed with the Office of Administrative
Hearings pursuant to Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code, when the
accusation is filed, for a violation of this chapter relating to the
quality of care of any dental provider of a health care service plan,
as defined in Section 1345 of the Health and Safety Code. There
shall be no liability on the part of, and no cause of action shall
arise against, the State of California, the Board of Dental
Examiners department , the Department of Managed
Health Care, the director of that either
department, or any officer, agent, employee, consultant, or
contractor of the state or the board or
the either department for the release of any
false or unauthorized information pursuant to this section, unless
the release is made with knowledge and malice.
(b) The board and its executive officer and staff
department shall maintain the confidentiality of
any nonpublic reports provided by the Director of the Department of
Managed Health Care pursuant to subdivision (i) of Section 1380 of
the Health and Safety Code.
SEC. 21. Section 1619 of the
Business and Professions Code is amended to read:
1619. The examination papers of any applicant shall be kept for
the period of one year and may then be destroyed, but they shall be
open to inspection only by members of the board,
by the applicant or by someone appointed by the latter to inspect
them, by a court of competent jurisdiction in a proceeding where the
question of the contents of the papers is properly involved, or by
the director in accordance with Section 110 or 153
department .
SEC. 22. Section 1620.1 of the Business
and Professions Code is amended to read:
1620.1. The Department of Consumer Affairs
department , in conjunction with the board and
the Joint Committee on Boards, Commissions, and Consumer
Protection, shall review the scope of practice for dental
auxiliaries. The department shall employ the services of an
independent consultant to perform this comprehensive analysis. The
department shall be authorized to enter into an interagency agreement
or be exempted from obtaining sole source approval for a sole source
contract. The board shall pay for all of the costs
associated with this comprehensive analysis. The department shall
report its findings and recommendations to the Legislature by
September 1, 2002.
SEC. 23. Section 1741 of the Business
and Professions Code is amended to read:
1741. As used in this article:
(a) "Board" means the Dental Board of California
department .
(b) "Committee" means the Committee on Dental Auxiliaries
department. Any ref erence to "Committee
on Dental Auxiliaries" in any law or regulation shall be deemed to
refer to the department .
(c) "Direct supervision" means supervision of dental procedures
based on instructions given by a licensed dentist, who must be
physically present in the treatment facility during the performance
of those procedures.
(d) "General supervision" means supervision of dental procedures
based on instructions given by a licensed dentist but not requiring
the physical presence of the supervising dentist during the
performance of those procedures.
(e) "Dental auxiliary" means a person who may perform dental
assisting or dental hygiene procedures authorized by this article.
SEC. 24. Section 1742 of the Business
and Professions Code is amended to read:
1742. (a) There is within the jurisdiction of the board
a Committee on Dental Auxiliaries.
(b)
(a) The Committee on Dental Auxiliaries
department shall have the following areas of
responsibility and duties:
(1) The committee department shall
have the following duties and authority related to education programs
and curriculum:
(A) Shall To evaluate all dental
auxiliary programs applying for board approval in
accordance with board rules governing the
programs.
(B) May To appoint board
members qualified persons to any evaluation
committee. Board members Persons so
appointed shall not make a final decision on the issue of program or
course approval.
(C) Shall report and make recommendations to the board as
to whether a program or course qualifies for approval. The
board director retains the final
authority to grant or deny approval to a program or course.
(D) Shall To review and
document any alleged deficiencies that might warrant board
action to withdraw or revoke approval of a program or
course , at the request of the board .
(E) May review and document any alleged deficiencies that might
warrant board action to withdraw or revoke approval of a program or
course, at its own initiation.
(2) The committee department shall
have the following duties and authority related to applications:
(A) Shall To review and evaluate all
applications for licensure in the various dental auxiliary
categories to ascertain whether a candidate meets the appropriate
licensing requirements specified by statute and board
regulations.
(B) Shall To maintain application
records , and cashier application fees,
and to perform any other ministerial tasks as are
incidental to the application process.
(C) May delegate any or all of the functions in this paragraph to
its staff.
(D) Shall
(C) To issue auxiliary licenses
in all cases, except where there is a question as to a licensing
requirement. The board director retains
final authority to interpret any licensing requirement. If
a question arises in the area of interpreting any licensing
requirement, it shall be presented by the committee to the board for
resolution.
(3) The committee department shall
have the following duties and authority regarding examinations:
(A) Shall advise the board as to To
determine the type of license examination it deems
deemed appropriate for the various dental
auxiliary license categories.
(B) Shall, at the direction of the board,
To develop or cause to be developed,
and administer , or both, examinations in accordance
with the board's instructions and periodically report to the board on
the progress of those examinations. The following shall apply to the
examination procedure:
(i) The examination shall be submitted to the board for its
approval prior to its initial administration.
(ii) Once an examination has been approved by the board, no
further approval is required unless a major modification is made to
the examination.
(iii) The committee shall report to the board on the results of
each examination and shall, where appropriate, recommend pass points.
(iv) The board
examinations. The department shall set pass
points for all dental auxiliary licensing examinations.
(C) May appoint board members to any examination committee
established pursuant to subparagraph (B).
(4) The committee department shall
periodically report and make recommendations to the board
concerning set the level of fees for dental
auxiliaries and establish the need for any legislative fee
increase. However, the board retains final authority to set
all fees.
(5) The committee department shall
be responsible for all aspects of the license renewal process, which
shall be accomplished in accordance with this chapter and
board regulations. The committee may delegate any
or all of its functions under this paragraph to its staff.
(6) The committee department shall
have no the authority with
respect to the approval of approve
continuing education providers and the board retains
all of this authority .
(7) The committee department shall
advise the board as to set the
appropriate standards of conduct for auxiliaries, the proper ordering
of enforcement priorities, and any other enforcement-related matters
that the board
may, in the future, delegate to the committee. The board shall retain
all authority with respect to the enforcement actions, including,
but not limited to, complaint resolution, investigation, and
disciplinary action against auxiliaries .
(8) The committee shall have the following duties
regarding regulations: department may adopt
regulations.
(A) To review and evaluate all suggestions or requests for
regulatory changes related to dental auxiliaries.
(B) To report and make recommendations to the board, after
consultation with departmental legal counsel and the board's
executive officer.
(C) To include in any report regarding a proposed regulatory
change, at a minimum, the specific language of the proposed changes
and the reasons for and facts supporting the need for the change. The
board has the final rulemaking authority.
(c)
(b) This section shall become inoperative on July 1,
2009, and, as of January 1, 2010, is repealed, unless a later enacted
statute which becomes effective on or before January 1, 2010,
deletes or extends the dates on which it becomes inoperative and is
repealed. The repeal of this section renders the committee
this article subject to the review required by
Division 1.2 (commencing with Section 473).
SEC. 25. Section 1743 of the Business
and Professions Code is repealed.
1743. The committee shall consist of the following nine members:
(a) One member who is a public member of the board, one member who
is a licensed dentist and who has been appointed by the board as an
examiner pursuant to Section 1621, one member who is a licensed
dentist who is neither a board member nor appointed by the board as
an examiner pursuant to Section 1621, three members who are licensed
as registered dental hygienists, at least one of whom is actively
employed in a private dental office, and three members who are
licensed as registered dental assistants. If available, an individual
licensed as a registered dental hygienist in extended functions
shall be appointed in place of one of the members licensed as a
registered dental hygienist. If available, an individual licensed as
a registered dental assistant in extended functions shall be
appointed in place of one of the members licensed as a registered
dental assistant.
(b) The public member of the board shall not have been licensed
under Chapter 4 (commencing with Section 1600) of the Business and
Professions Code within five years of the appointment date and shall
not have any current financial interest in a dental-related business.
SEC. 26. Section 1744 of the Business
and Professions Code is repealed.
1744. (a) The members of the committee shall be appointed by the
Governor. The terms of the member who is a board member and the
member who has been appointed by the board as an examiner pursuant to
Section 1621 shall expire December 31, 1976. The terms of the member
who is a licensed dentist and one member who is a dental assistant
and one member who is licensed as a registered dental hygienist shall
expire on December 31, 1977. The terms of all other members shall
expire on December 31, 1978. Thereafter, appointments shall be for a
term of four years.
(b) No member shall serve as a member of the committee for more
than two consecutive terms. Vacancies shall be filled by appointment
for the unexpired terms. The committee shall annually elect one of
its members as chairperson.
(c) The Governor shall have the power to remove any member of the
committee from office for neglect of any duty required by law or for
incompetence or unprofessional or dishonorable conduct.
SEC. 27. Section 1745 of the Business
and Professions Code is repealed.
1745. Each member of the committee shall receive a per diem and
expenses as provided in Section 103.
SEC. 28. Section 1746 of the Business
and Professions Code is repealed.
1746. The committee may employ such employees as it may deem
necessary to carry out the functions and responsibilities prescribed
by this article.
SEC. 29. Section 1746.1 of the Business
and Professions Code is repealed.
1746.1. The committee shall evaluate all suggestions or requests
for regulatory changes related to auxiliaries. The committee shall
have the authority to hold informational hearings in order to report
and make appropriate recommendations to the board, after consultation
with departmental legal counsel and the board's chief executive
officer. The committee shall include in any report regarding a
proposed regulatory change, at a minimum, the specific language or
the proposed change or changes and the reasons therefor and any facts
supporting the need for the change.
SEC. 30. Section 1748 of the Business
and Professions Code is repealed.
1748. Recommendations by the committee pursuant to this article
shall be approved, modified, or rejected by the board within 90 days
of submission of the recommendation to the board. If the board
rejects or significantly modifies the intent or scope of the
recommendation, the committee may request that the board provide its
reasons in writing for rejecting or significantly modifying the
recommendation.
SEC. 31. Section 1749 of the Business
and Professions Code is repealed.
1749. (a) The committee shall meet at least four times annually.
The committee shall conduct additional meetings as are necessary in
appropriate locations to conclude its business. Special meetings may
be held at the time and place the committee designates.
(b) Notice of each meeting of the committee shall be given at
least two weeks in advance to those persons and organizations who
express an interest in receiving such notification.
(c) The committee shall obtain permission of the director to meet
more than six times annually. The director shall approve the meetings
that are necessary for the committee to fulfill its legal
responsibilities.
SEC. 32. Section 2001 of the Business
and Professions Code is repealed.
2001. (a) There is in the Department of Consumer Affairs a
Medical Board of California that consists of 15 members, seven of
whom shall be public members.
(b) The Governor shall appoint 13 members to the board, subject to
confirmation by the Senate, five of whom shall be public members.
The Senate Committee on Rules and the Speaker of the Assembly shall
each appoint a public member.
(c) Notwithstanding any other provision of law, to reduce the
membership of the board to 15, the following shall occur:
(1) Two positions on the board that are public members having a
term that expires on June 1, 2010, shall terminate instead on January
1, 2008.
(2) Two positions on the board that are not public members having
a term that expires on June 1, 2008, shall terminate instead on
August 1, 2008.
(3) Two positions on the board that are not public members having
a term that expires on June 1, 2011, shall terminate instead on
January 1, 2008.
(d) This section shall become inoperative on July 1, 2010, and, as
of January 1, 2011, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2011, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 33. Section 2001 is added to the
Business and Professions Code , to read:
2001. Any reference to "board" or "division" in this chapter, or
to "Medical Board of California," "Division of Medical Quality," or
"Division of Licensing" in any law or regulation, shall be deemed to
refer to the department.
SEC. 34. Section 2002 of the Business
and Professions Code is repealed.
2002. Unless otherwise expressly provided, the term "board" as
used in this chapter means the Medical Board of California. As used
in this chapter or any other provision of law, "Division of Medical
Quality" and "Division of Licensing" shall be deemed to refer to the
board.
SEC. 35. Section 2007 of the Business
and Professions Code is repealed.
2007. Members of the board shall only be appointed from persons
who have been citizens of this state for at least five years next
preceding their appointment. Members of the board, except the public
members, shall only be appointed from persons licensed as physicians
and surgeons in this state. No person who in any manner owns any
interest in any college, school, or institution engaged in medical
instruction shall be appointed to the board. Four of the physician
members of the board shall hold faculty appointments in a clinical
department of an approved medical school in the state, but not more
than four members of the board may hold full-time appointments to the
faculties of such medical schools.
The public members shall not be licentiates of the board.
SEC. 36. Section 2008 of the Business
and Professions Code is repealed.
2008. The board may appoint panels from its members for the
purpose of fulfilling the obligations established in subdivision (c)
of Section 2004. Any panel appointed under this section shall at no
time be comprised of less than four members and the number of public
members assigned to the panel shall not exceed the number of licensed
physician and surgeon members assigned to the panel. The president
of the board shall not be a member of any panel. Each panel shall
annually elect a chair and a vice chair.
SEC. 37. Section 2010 of the Business
and Professions Code is repealed.
2010. Each member of the board shall be appointed for a term of
four years.
Vacancies occuring on the board shall be filled by appointment of
the appointing power for the unexpired term.
SEC. 38. Section 2011 of the Business
and Professions Code is repealed.
2011. The appointing power may remove any member of the board for
neglect of duty required by this chapter, incompetency, or
unprofessional conduct.
SEC. 39. Section 2012 of the Business
and Professions Code is repealed.
2012. The board shall elect a president, a vice president, and a
secretary from its members.
SEC. 40. Section 2013 of the Business
and Professions Code is repealed.
2013. (a) The board and a panel appointed under this chapter may
convene from time to time as deemed necessary by the board.
(b) Four members of a panel of the board shall constitute a quorum
for the transaction of business at any meeting of the panel. Eight
members shall constitute a quorum for the transaction of business at
any board meeting.
(c) It shall require the affirmative vote of a majority of those
members present at a board or panel meeting, those members
constituting at least a quorum, to pass any motion, resolution, or
measure. A decision by a panel to discipline a physician and surgeon
shall require an affirmative vote, at a meeting or by mail, of a
majority of the members of that panel; except that a decision to
revoke the certificate of a physician and surgeon shall require the
affirmative vote of four members of that panel.
SEC. 41. Section 2014 of the Business
and Professions Code is repealed.
2014. Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
SEC. 42. Section 2015 of the Business
and Professions Code is repealed.
2015. The president of the board may call meetings of any duly
appointed and created committee or panel of the board at a specified
time and place.
SEC. 43. Section 2016 of the Business
and Professions Code is repealed.
2016. Each member of the board and its committees shall receive
per diem and travel expenses as provided in Section 103.
SEC. 44. Section 2019 of the Business
and Professions Code is repealed.
2019. The office of the board shall be in the City of Sacramento.
Suboffices may be established in the Cities of Los Angeles, San
Diego, and San Francisco or the environs of such cities. Legal
proceedings against the board shall be instituted in any one of these
four cities. The board may also establish other suboffices as it may
deem necessary and such records as may be necessary may be
transferred temporarily to any suboffices.
SEC. 45. Section 2020 of the Business
and Professions Code is amended to read:
2020. The board department may
employ an executive director exempt from the provisions of
the Civil Service Act and may also employ investigators,
legal counsel, medical consultants, and other assistance as it may
deem necessary to carry into effect this chapter. The board
department may fix the compensation to be paid
for services subject to the provisions of applicable state laws and
regulations and may incur other expenses as it may deem necessary.
Investigators employed by the board
department shall be provided special training in investigating
medical practice activities.
The Attorney General shall act as legal counsel for the
board department for any judicial and
administrative proceedings and his or her services shall be a charge
against it. This
This section shall become inoperative on July 1, 2010,
and, as of January 1, 2011, is repealed, unless a later enacted
statute, which becomes effective on or before January 1, 2011,
deletes or extends the dates on which it becomes inoperative and is
repealed.
SEC. 46. Section 2460 of the Business
and Professions Code is amended to read:
2460. There is created within the jurisdiction of the
Medical Board of California and its divisions the California Board of
Podiatric Medicine. Any reference to "board" in this
article, or to "California Board of Podiatric Medicine" in any law or
regulation, shall be deemed to refer to the department. This
section shall become inoperative on July 1, 2010, and, as of January
1, 2011, is repealed, unless a later enacted statute, which becomes
effective on or before January 1, 2011, deletes or extends the dates
on which it becomes inoperative and is repealed. The repeal of this
section renders the California Board of Podiatric Medicine
this art icle subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 47. Section 2460.1 of the Business
and Professions Code is amended to read:
2460.1. Protection of the public shall be the highest priority
for the California Board of Podiatric Medicine in
exercising its licensing, regulatory, and disciplinary
functions the enforcement of this article .
Whenever the protection of the public is inconsistent with other
interests sought to be promoted, the protection of the public shall
be paramount.
SEC. 48. Section 2461 of the Business
and Professions Code is amended to read:
2461. As used in this article:
(a) "Division" means the Division of Licensing of the Medical
Board of California.
(b) "Board" means the California Board of Podiatric Medicine.
(c) "Podiatric
article, "podiatric licensing authority" refers
to any officer, board, commission, committee, or department of
another state that may issue a license to practice podiatric
medicine.
SEC. 49. Section 2462 of the Business
and Professions Code is repealed.
2462. The board shall consist of seven members, three of whom
shall be public members. Not more than one member of the board shall
be a full-time faculty member of a college or school of podiatric
medicine.
The Governor shall appoint the four members qualified as provided
in Section 2463 and one public member. The Senate Rules Committee and
the Speaker of the Assembly shall each appoint a public member.
SEC. 50. Section 2463 of the Business
and Professions Code is repealed.
2463. Each member of the board, except the public members, shall
be appointed from persons having all of the following qualifications:
(a) Be a citizen of this state for at least five years next
preceding his or her appointment.
(b) Be a graduate of a recognized school or college of podiatric
medicine.
(c) Have a valid certificate to practice podiatric medicine in
this state.
(d) Have engaged in the practice of podiatric medicine in this
state for at least five years next preceding his or her appointment.
SEC. 51. Section 2464 of the Business
and Professions Code is repealed.
2464. The public members shall be appointed from persons having
all of the following qualifications:
(a) Be a citizen of this state for at least five years next
preceding his or her appointment.
(b) Shall not be an officer or faculty member of any college,
school, or other institution engaged in podiatric medical
instruction.
(c) Shall not be a licentiate of the board or of any board under
this division or of any board created by an initiative act under this
division.
SEC. 52. Section 2465 of the Business
and Professions Code is repealed.
2465. No person who directly or indirectly owns any interest in
any college, school, or other institution engaged in podiatric
medical instruction shall be appointed to the board or shall any
incumbent member of the board have or acquire any interest, direct or
indirect, in any such college, school, or institution.
SEC. 53. Section 2466 of the Business
and Professions Code is repealed.
2466. All members of the board shall be appointed for terms of
four years. Vacancies shall immediately be filled by the appointing
power for the unexpired portion of the terms in which they occur. No
person shall serve as a member of the board for more than two
consecutive terms.
SEC. 54. Section 2467 of the Business
and Professions Code is repealed.
2467. (a) The board may convene from time to time as it deems
necessary.
(b) Four members of the board constitute a quorum for the
transaction of business at any meeting.
(c) It shall require the affirmative vote of a majority of those
members present at a meeting, those members constituting at least a
quorum, to pass any motion, resolution, or measure.
(d) The board shall annually elect one of its members to act as
president and a member to act as vice president who shall hold their
respective positions at the pleasure of the board. The president may
call meetings of the board and any duly appointed committee at a
specified time and place.
SEC. 55. Section 2468 of the Business
and Professions Code is repealed.
2468. Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
SEC. 56. Section 2469 of the Business
and Professions Code is repealed.
2469. Each member of the board shall receive per diem and
expenses as provided in Section 2016.
SEC. 57. Section 2470 of the Business
and Professions Code is amended to read:
2470. The board department may
adopt, amend, or repeal, in accordance with the provisions of the
Administrative Procedure Act, regulations necessary to
enable the board to carry into effect the provisions of law
relating to the practice of podiatric medicine.
SEC. 58. Section 2475.2 of the Business
and Professions Code is amended to read:
2475.2. As used in this article, "podiatric residency" means a
program of supervised postgraduate clinical training, one year or
more in duration, approved by the board
department .
SEC. 59. Section 2475.3 of the Business
and Professions Code is amended to read:
2475.3. (a) The board department
shall approve podiatric residency programs, as defined in Section
2475.2, in the field of podiatric medicine, for persons who are
applicants for or have been issued a certificate to practice
podiatric medicine pursuant to this article.
(b) The board department may only
approve a podiatric residency that it determines meets all of the
following requirements:
(1) Reasonably conforms with the Accreditation Council for
Graduate Medical Education's Institutional Requirements of the
Essentials of Accredited Residencies in Graduate Medical Education:
Institutional and Program Requirements.
(2) Is approved by the Council on Podiatric Medical Education.
(3) Complies with the requirements of this state.
SEC. 60. Section 2479 of the Business
and Professions Code is amended to read:
2479. The division department shall
issue , upon the recommendation of the board, a
certificate to practice podiatric medicine to each applicant who
meets the requirements of this chapter. Every applicant for a
certificate to practice podiatric medicine shall comply with the
provisions of Article 4 (commencing with Section 2080) which are not
specifically applicable to applicants for a physician's and surgeon's
certificate, in addition to the provisions of this article.
SEC. 61. Section 2480 of the Business
and Professions Code is amended to read:
2480. The board department shall
have full authority to investigate and to evaluate each applicant
applying for a certificate to practice podiatric medicine and to make
a determination of the admission of the applicant to the examination
and the issuance of a certificate in accordance with the provisions
and requirements of this chapter.
SEC. 62. Section 2481 of the Business
and Professions Code is amended to read:
2481. Each applicant who commenced professional instruction in
podiatric medicine after September 1, 1959, shall show by an official
transcript or other official evidence submitted directly to the
board department by the academic
institution that he or she has completed two years of preprofessional
postsecondary education, or its equivalent, including the subjects
of chemistry, biology or other biological science, and physics or
mathematics, before completing the resident course of professional
instruction.
SEC. 63. Section 2483 of the Business
and Professions Code is amended to read:
2483. (a) Each applicant for a certificate to practice podiatric
medicine shall show by an official transcript or other official
evidence satisfactory to the board department
that is submitted directly to the board
department by the academic institution that he or she has
successfully completed a medical curriculum extending over a period
of at least four academic years, or 32 months of actual instruction,
in a college or school of podiatric medicine approved by the
board department . The total number of hours of
all courses shall consist of a minimum of 4,000 hours.
The board department , by
regulation, shall adopt standards for determining equivalent training
authorized by this section.
(b) The curriculum for all applicants shall provide for adequate
instruction related to podiatric medicine in the following:
Alcoholism and other chemical substance detection
Local anesthesia
Anatomy, including embryology, histology, and neuroanatomy
Behavioral science
Biochemistry
Biomechanics-foot and ankle
Child abuse detection
Dermatology
Geriatric medicine
Human sexuality
Infectious diseases
Medical ethics
Neurology
Orthopedic surgery
Pathology, microbiology, and immunology
Pediatrics
Pharmacology, including materia medica and toxicology
Physical and laboratory diagnosis
Physical medicine
Physiology
Podiatric medicine
Podiatric surgery
Preventive medicine, including nutrition
Psychiatric problem detection
Radiology and radiation safety
Spousal or partner abuse detection
Therapeutics
Women's health
SEC. 64. Section 2484 of the Business
and Professions Code is amended to read:
2484. In addition to any other requirements of this chapter,
before a certificate to practice podiatric medicine may be issued,
each applicant shall show by evidence satisfactory to the
board department , submitted directly to the
board department by the sponsoring
institution, that he or she has satisfactorily completed at least two
years of postgraduate podiatric medical and podiatric surgical
training in a general acute care hospital approved by the Council of
Podiatric Medical Education.
SEC. 65. Section 2486 of the Business
and Professions Code is amended to read:
2486. The division department shall
issue , upon the recommendation of the board, a
certificate to practice podiatric medicine if the applicant meets all
of the following requirements:
(a) The applicant has graduated from an approved school or college
of podiatric medicine and meets the requirements of Section 2483.
(b) The applicant, within the past 10 years, has passed parts I,
II, and III of the examination administered by the National Board of
Podiatric Medical Examiners of the United States or has passed a
written examination that is recognized by the board
department to be the equivalent in content to
the examination administered by the National Board of Podiatric
Medical Examiners of the United States.
(c) The applicant has satisfactorily completed the postgraduate
training required by Section 2484.
(d) The applicant has passed within the past 10 years any oral and
practical examination that may be required of all applicants by the
board department to ascertain clinical
competence.
(e) The applicant has committed no acts or crimes constituting
grounds for denial of a certificate under Division 1.5 (commencing
with Section 475).
(f) The board department determines
that no disciplinary action has been taken against the applicant by
any podiatric licensing authority and that the applicant has not been
the subject of adverse judgments or settlements resulting from the
practice of podiatric medicine that the board
department determines constitutes evidence of a pattern of
negligence or incompetence.
(g) A disciplinary databank report regarding the applicant has
been directly presented to the board
department from the Federation of Podiatric Medical Boards.
SEC. 66. Section 2488 of the Business
and Professions Code is amended to read:
2488. Notwithstanding any other provision of law, the
division department shall issue , upon
the recommendation of the board, a certificate to practice
podiatric medicine by credentialing if the applicant is licensed as a
doctor of podiatric medicine in any other state and meets all of the
following requirements:
(a) The applicant has graduated from an approved school or college
of podiatric medicine.
(b) The applicant, within the past 10 years, has passed either
part III of the examination administered by the National Board of
Podiatric Medical Examiners of the United States or a written
examination that is recognized by the board
departme nt to be the equivalent in content to the
examination administered by the National Board of Podiatric Medical
Examiners of the United States.
(c) The applicant has satisfactorily completed a postgraduate
training program approved by the Council on Podiatric Medical
Education.
(d) The applicant, within the past 10 years, has passed any oral
and practical examination that may be required of all applicants by
the board department to ascertain
clinical competence.
(e) The applicant has committed no acts or crimes constituting
grounds for denial of a certificate under Division 1.5 (commencing
with Section 475).
(f) The board department determines
that no disciplinary action has been taken against the applicant by
any podiatric licensing authority and that the applicant has not been
the subject of adverse judgments or settlements resulting from the
practice of podiatric medicine that the board
department determines constitutes evidence of a pattern of
negligence or incompetence.
(g) A disciplinary data bank report regarding the applicant has
been submitted to the board department
directly from the Federation of Podiatric Medical Boards.
SEC. 67. Section 2492 of the Business
and Professions Code is amended to read:
2492. (a) The board department
shall examine every applicant for a certificate to practice podiatric
medicine to ensure a minimum of entry-level competence at the time
and place designated by the board department
in its discretion, but at least twice a year.
(b) Unless the applicant meets the requirements of Section 2486,
applicants shall be required to have taken and passed the examination
administered by the National Board of Podiatric Medical Examiners.
(c) The board department may appoint
qualified persons to give the whole or any portion of any
examination as provided in this article, who shall be designated as
examination commissioners. The board
department may fix the compensation of those persons subject to
the provisions of applicable state laws and regulations.
(d) The provisions of Article 9 (commencing with Section 2170)
shall apply to examinations administered by the board
department except where those provisions are in
conflict with or inconsistent with the provisions of this article.
In respect to applicants under this article any references
to the "Division of Licensing" or "division" shall be deemed to apply
to the board.
SEC. 68. Section 2493 of the Business
and Professions Code is amended to read:
2493. (a) An applicant for a certificate to practice podiatric
medicine shall pass an examination in the subjects required by
Section 2483 in order to ensure a minimum of entry-level competence.
(b) The board department shall
require a passing score on the National Board of Podiatric Medical
Examiners Part III examination that is consistent with the
postgraduate training requirement in Section 2484. The board
department , as of July 1, 2005, shall require
a passing score one standard error of measurement higher than the
national passing scale score until such time as the National Board of
Podiatric Medical Examiners recommends a higher passing score
consistent with Section 2484. In consultation with the Office of
Examination Resources of the Department of Consumer Affairs, the
board department shall ensure that the
part III examination adequately evaluates the full scope of practice
established by Section 2472, including amputation and other foot and
ankle surgical procedures, pursuant to Section 139.
SEC. 69. Section 2495 of the Business
and Professions Code is repealed.
2495. Notwithstanding any other provision of this chapter, the
board may delegate to officials of the board the authority to approve
the admission of applicants to the examination and to approve the
issuance of certificates to practice podiatric medicine to applicants
who have met the specific requirements therefor in routine cases
where applicants clearly meet the requirements of this chapter.
SEC. 70. Section 2496 of the Business
and Professions Code is amended to read:
2496. In order to ensure the continuing competence of persons
licensed to practice podiatric medicine, the board
department shall adopt and administer regulations in
accordance with the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code) requiring continuing education of those
licensees. The board department shall
require those licensees to demonstrate satisfaction of the continuing
education requirements and one of the following requirements at each
license renewal:
(a) Passage of an examination administered by the board
department within the past 10 years.
(b) Passage of an examination administered by an approved
specialty certifying board within the past 10 years.
(c) Current diplomate, board-eligible, or board-qualified status
granted by an approved specialty certifying board within the past 10
years.
(d) Recertification of current status by an approved specialty
certifying board within the past 10 years.
(e) Successful completion of an approved residency or fellowship
program within the past 10 years.
(f) Granting or renewal of current staff privileges within the
past five years by a health care facility that is licensed,
certified, accredited, conducted, maintained, operated, or otherwise
approved by an agency of the federal or state government or an
organization approved by the Medical Board of California
department .
(g) Successful completion within the past five years of an
extended course of study approved by the board
department .
(h) Passage within the past 10 years of Part III of the
examination administered by the National Board of Podiatric Medical
Examiners.
SEC. 71. Section 2497 of the Business
and Professions Code is amended to read:
2497. (a) The board department may
order the denial of an application for, or the suspension of, or the
revocation of, or the imposition of probationary conditions upon, a
certificate to practice podiatric medicine for any of the causes set
forth in Article 12 (commencing with Section 2220) in accordance with
Section 2222.
(b) The board department may hear
all matters, including but not limited to, any contested case or may
assign any such matters to an administrative law judge. The
proceedings shall be held in accordance with Section 2230.
If a contested case is heard by the board itself, the administrative
law judge who presided at the hearing shall be present during the
board's consideration of the case and shall assist and advise the
board.
SEC. 72. Section 2497.5 of the Business
and Professions Code is amended to read:
2497.5. (a) The board department
may request the administrative law judge, under his or her proposed
decision in resolution of a disciplinary proceeding before
the board , to direct any licensee found guilty of
unprofessional conduct to pay to the board
department a sum not to exceed the actual and reasonable costs
of the investigation and prosecution of the case.
(b) The costs to be assessed shall be fixed by the administrative
law judge and shall not in any event be increased by the
board . When the board department
does not adopt a proposed decision and remands the case to an
administrative law judge, the administrative law judge shall not
increase the amount of any costs assessed in the proposed decision.
(c) When the payment directed in the board's
department's order for payment of costs is not made by the
licensee, the board department may
enforce the order for payment by bringing an action in any
appropriate court. This right of enforcement shall be in addition to
any other rights the board department
may have as to any licensee directed to pay costs.
(d) In any judicial action for the recovery of costs, proof of the
board's department's decision shall be
conclusive proof of the validity of the order of payment and the
terms for payment.
(e) (1) Except as provided in paragraph (2), the board
department shall not renew or reinstate the
license of any licensee who has failed to pay all of the costs
ordered under this section.
(2) Notwithstanding paragraph (1), the board
department may, in its discretion, conditionally renew or
reinstate for a maximum of one year the license of any licensee who
demonstrates financial hardship and who enters into a formal
agreement with the board department to
reimburse the board department within
that one year period for those unpaid costs.
(f) All costs recovered under this section shall be deposited in
the Board of Podiatric Medicine Fund as a reimbursement in either the
fiscal year in which the costs are actually recovered or the
previous fiscal year, as the board department
may direct.
SEC. 73. Section 2498 of the Business
and Professions Code is amended to read:
2498. (a) The board department
shall have the responsibility for reviewing the quality of podiatric
medical practice carried out by persons licensed to practice
podiatric medicine.
(b) Each member of the board The
department , or any licensed doctor of podiatric medicine
appointed by the board department ,
shall additionally have the authority to inspect, or require reports
from, a general or specialized hospital and the podiatric medical
staff thereof, with respect to the podiatric medical care, services,
or facilities provided therein, and may inspect podiatric medical
patient records with respect to the care, services, or facilities.
The authority to make inspections and to require reports as provided
by this section shall not be delegated by a member of the
board to any person other than a doctor of podiatric
medicine and shall be subject to the restrictions against disclosure
described in Section 2263.
SEC. 74. Section 2499 of the Business
and Professions Code is amended to read:
2499. There is in the State Treasury the Board of
Podiatric Medicine Fund. Notwithstanding Section 2445, the
division department shall report to the
Controller at the beginning of each calendar month for the month
preceding the amount and source of all revenue received by it
on behalf of the board, pursuant to this
chapter article , and shall pay the entire
amount thereof to the Treasurer for deposit into the fund. All
revenue received by the board and the division
from fees authorized to be charged relating to the practice of
podiatric medicine shall be deposited in the fund as provided in this
section, and shall be used to carry out the provisions of this
chapter relating to the regulation of the practice of podiatric
medicine.
SEC. 75. Section 2499.5 of the Business
and Professions Code is amended to read:
2499.5. The following fees apply to certificates to practice
podiatric medicine. The amount of fees prescribed for doctors of
podiatric medicine shall be those set forth in this section unless a
lower fee is established by the board
department in accordance with Section 2499.6. Fees collected
pursuant to this section shall be fixed by the board
department in amounts not to exceed the actual
costs of providing the service for which the fee is collected.
(a) Each applicant for a certificate to practice podiatric
medicine shall pay an application fee of twenty dollars ($20) at the
time the application is filed. If the applicant qualifies for a
certificate, he or she shall pay a fee which shall be fixed by the
board department at an amount not to
exceed one hundred dollars ($100) nor less than five dollars ($5) for
the issuance of the certificate.
(b) The oral examination fee shall be seven hundred dollars
($700), or the actual cost, whichever is lower, and shall be paid by
each applicant. If the applicant's credentials are insufficient or if
the applicant does not desire to take the examination, and has so
notified the board department 30 days
prior to the examination date, only the examination fee is returnable
to the applicant. The board department
may charge an examination fee for any subsequent reexamination of
the applicant.
(c) Each applicant who qualifies for a certificate, as a condition
precedent to its issuance, in addition to other fees required by
this section, shall pay an initial license fee. The initial license
fee shall be eight hundred dollars ($800). The initial license shall
expire the second year after its issuance on the last day of the
month of birth of the licensee. The board
departmen t may reduce the initial license fee by up
to 50 percent of the amount of the fee for any applicant who is
enrolled in a postgraduate training program approved by the
board department or who has completed a
postgraduate training program approved by the board
department within six months prior to the
payment of the initial license fee.
(d) The biennial renewal fee shall be nine hundred dollars ($900).
Any licensee enrolled in an approved residency program shall be
required to pay only 50 percent of the biennial renewal fee at the
time of his or her first renewal.
(e) The delinquency fee is one hundred fifty dollars ($150).
(f) The duplicate wall certificate fee is forty dollars ($40).
(g) The duplicate renewal receipt fee is forty dollars ($40).
(h) The endorsement fee is thirty dollars ($30).
(i) The letter of good standing fee or for loan deferment is
thirty dollars ($30).
(j) There shall be a fee of sixty dollars ($60) for the issuance
of a resident's license under Section 2475.
(k) The application fee for ankle certification under Section 2472
for persons licensed prior to January 1, 1984, shall be fifty
dollars ($50). The examination and reexamination fee for this
certification shall be seven hundred dollars ($700).
() The filing fee to appeal the failure of an oral examination
shall be twenty-five dollars ($25).
(m) The fee for approval of a continuing education course or
program shall be one hundred dollars ($100).
SEC. 76. Section 2499.6 of the Business
and Professions Code is amended to read:
2499.6. The fees in this article shall be fixed by the
board department in accordance with Section
313.1.
SEC. 77. Section 2499.8 of the Business
and Professions Code is amended to read:
2499.8. Any licensee who demonstrates to the satisfaction of the
board department that he or she is
unable to practice podiatric medicine due to a disability may request
a waiver of the license renewal fee. The granting of a waiver shall
be at the discretion of the board department
and may be terminated at any time. Waivers shall be based on
the inability of a licensee to practice podiatric medicine. A
licensee whose renewal fee has been waived pursuant to this section
shall not engage in the practice of podiatric medicine unless and
until the licensee pays the current renewal fee and does either of
the following:
(a) Establishes to the satisfaction of the board
department , on a form prescribed by the
board department and signed under
penalty of perjury, that the licensee's disability either no longer
exists or does not affect his or her ability to practice podiatric
medicine safely.
(b) Signs an agreement on a form prescribed by the board
department , signed under penalty of perjury, in
which the licensee agrees to limit his or her practice in the manner
prescribed by the reviewing physician.
SEC. 78. Section 2530.2 of the Business
and Professions Code is amended to read:
2530.2. As used in this chapter, unless the context otherwise
requires:
(a) "Board" means the Speech-Language Pathology and
Audiology Board or any successor department .
(b) "Person" means any individual, partnership, corporation,
limited liability company, or other organization or combination
thereof, except that only individuals can be licensed under this
chapter.
(c) A "speech-language pathologist" is a person who practices
speech-language pathology.
(d) The practice of speech-language pathology means all of the
following:
(1) The application of principles, methods, instrumental
procedures, and noninstrumental procedures for measurement, testing,
screening, evaluation, identification, prediction, and counseling
related to the development and disorders of speech, voice, language,
or swallowing.
(2) The application of principles and methods for preventing,
planning, directing, conducting, and supervising programs for
habilitating, rehabilitating, ameliorating, managing, or modifying
disorders of speech, voice, language, or swallowing in individuals or
groups of individuals.
(3) Conducting hearing screenings.
(4) Performing suctioning in connection with the scope of practice
described in paragraphs (1) and (2), after compliance with a medical
facility's training protocols on suctioning procedures.
(e) (1) Instrumental procedures referred to in subdivision (d) are
the use of rigid and flexible endoscopes to observe the pharyngeal
and laryngeal areas of the throat in order to observe, collect data,
and measure the parameters of communication and swallowing as well as
to guide communication and swallowing assessment and therapy.
(2) Nothing in this subdivision shall be construed as a diagnosis.
Any observation of an abnormality shall be referred to a physician
and surgeon.
(f) A licensed speech-language pathologist shall not perform a
flexible fiberoptic nasendoscopic procedure unless he or she has
received written verification from an otolaryngologist certified by
the American Board of Otolaryngology that the speech-language
pathologist has performed a minimum of 25 flexible fiberoptic
nasendoscopic procedures and is competent to perform these
procedures. The speech-language pathologist shall have this written
verification on file and readily available for inspection upon
request by the board department . A
speech-language pathologist shall pass a flexible fiberoptic
nasendoscopic instrument only under the direct authorization of an
otolaryngologist certified by the American Board of Otolaryngology
and the supervision of a physician and surgeon.
(g) A licensed speech-language pathologist shall only perform
flexible endoscopic procedures described in subdivision (e) in a
setting that requires the facility to have protocols for emergency
medical backup procedures, including a physician and surgeon or other
appropriate medical professionals being readily available.
(h) "Speech-language pathology aide" means any person meeting the
minimum requirements established by the board
department , who works directly under the supervision of a
speech-language pathologist.
(i) (1) "Speech-language pathology assistant" means a person who
meets the academic and supervised training requirements set forth by
the board department and who is
approved by the board department to
assist in the provision of speech-language pathology under the
direction and supervision of a speech-language pathologist who shall
be responsible for the extent, kind, and quality of the services
provided by the speech-language pathology assistant.
(2) The supervising speech-language pathologist employed or
contracted for by a public school may hold a valid and current
license issued by the board department
, a valid, current, and professional clear clinical or
rehabilitative services credential in language, speech, and hearing
issued by the Commission on Teacher Credentialing, or other
credential authorizing service in language, speech, and hearing
issued by the Commission on Teacher Credentialing that is not issued
on the basis of an emergency permit or waiver of requirements. For
purposes of this paragraph, a "clear" credential is a credential that
is not issued pursuant to a waiver or emergency permit and is as
otherwise defined by the Commission on Teacher Credentialing. Nothing
in this section referring to credentialed supervising
speech-language pathologists expands existing exemptions from
licensing pursuant to Section 2530.5.
(j) An "audiologist" is one who practices audiology.
(k) "The practice of audiology" means the application of
principles, methods, and procedures of measurement, testing,
appraisal, prediction, consultation, counseling, instruction related
to auditory, vestibular, and related functions and the modification
of communicative disorders involving speech, language, auditory
behavior or other aberrant behavior resulting from auditory
dysfunction; and the planning, directing, conducting, supervising, or
participating in programs of identification of auditory disorders,
hearing conservation, cerumen removal, aural habilitation, and
rehabilitation, including, hearing aid recommendation and evaluation
procedures including, but not limited to, specifying amplification
requirements and evaluation of the results thereof, auditory
training, and speech reading.
(l) "Audiology aide" means any person, meeting the minimum
requirements established by the board
department , who works directly under the supervision of an
audiologist.
(m) "Medical board" means the Medical Board of California
or a division of the board department .
(n) A "hearing screening" performed by a speech-language
pathologist means a binary puretone screening at a preset intensity
level for the purpose of determining if the screened individuals are
in need of further medical or audiological evaluation.
(o) "Cerumen removal" means the nonroutine removal of cerumen
within the cartilaginous ear canal necessary for access in
performance of audiological procedures that shall occur under
physician and surgeon supervision. Cerumen removal, as provided by
this section, shall only be performed by a licensed audiologist.
Physician and surgeon supervision shall not be construed to require
the physical presence of the physician, but shall include all of the
following:
(1) Collaboration on the development of written standardized
protocols. The protocols shall include a requirement that the
supervised audiologist immediately refer to an appropriate physician
any trauma, including skin tears, bleeding, or other pathology of the
ear discovered in the process of cerumen removal as defined in this
subdivision.
(2) Approval by the supervising physician of the written
standardized protocol.
(3) The supervising physician shall be within the general
vicinity, as provided by the physician-audiologist protocol, of the
supervised audiologist and available by telephone contact at the time
of cerumen removal.
(4) A licensed physician and surgeon may not simultaneously
supervise more than two audiologists for purposes of cerumen removal.
SEC. 79. Section 2531 of the Business
and Professions Code is repealed.
2531. There is in the Department of Consumer Affairs a
Speech-Language Pathology and Audiology Board in which
the enforcement and
administration of this chapter is vested. The Speech-Language
Pathology and Audiology Board shall consist of nine members, three of
whom shall be public members.
This section shall become inoperative on July 1, 2008, and, as of
January 1, 2009, is repealed, unless a later enacted statute, that
becomes effective on or before January 1, 2009, deletes or extends
the inoperative and repeal dates. The repeal of this section renders
the board subject to the review required by Division 1.2 (commencing
with Section 473).
SEC. 80. Section 2531.02 of the
Business and Professions Code is amended to read:
2531.02. Protection of the public shall be the highest priority
for the Speech-Language Pathology and Audiology Board
department in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
SEC. 81. Section 2531.05 of the
Business and Professions Code is repealed.
2531.05. The Hearing Aid Dispensers Examining Committee shall
appoint one of its members to serve as liaison to the Speech-Language
Pathology and Audiology Board for the purpose of coordinating the
policies of the committee and board regarding the fitting or
dispensing of hearing aids. The Speech-Language Pathology and
Audiology Board shall notify the Hearing Aid Dispensers Examining
Committee in advance of all board business concerning the fitting or
dispensing of hearing aids to facilitate the participation of the
liaison member.
SEC. 82. Section 2531.1 of the Business
and Professions Code is repealed.
2531.1. (a) Each member of the board shall hold office for a term
of four years, and shall serve until the appointment and
qualification of his or her successor or until one year has elapsed
since the expiration of the term for which he or she was appointed,
whichever first occurs. No member may serve for more than two
consecutive terms.
(b) Notwithstanding the four-year terms set by subdivision (a),
commencing on November 30, 2004, members appointed to the board shall
serve the terms set forth below. Each of these terms shall count as
a full term for purposes of subdivision (a).
(1) The two public members appointed by the Senate Committee on
Rules and the Speaker of the Assembly, respectively, shall each serve
a term of one year.
(2) One licensed speech-language pathologist and one licensed
audiologist, as designated by the appointing power, shall each serve
a term of two years.
(3) One licensed speech-language pathologist and one licensed
audiologist, as designated by the appointing power, and the public
member who is a licensed physician and surgeon, board certified in
otaryngology, shall each serve a term of three years.
(4) One licensed speech-language pathologist and one licensed
audiologist, as designated by the appointing power, shall each serve
a term of four years.
(c) Upon completion of each of the terms described in subdivision
(b), a succeeding member shall be appointed to the board for a term
of four years.
SEC. 83. Section 2531.2 of the Business
and Professions Code is repealed.
2531.2. The membership of the board shall include three licensed
speech-language pathologists, three licensed audiologists, and three
public members one of whom is a licensed physician and surgeon, board
certified in otolaryngology, and the remaining two public members
who shall not be licentiates of the board or of any board under this
division or of any board referred to in the Chiropractic Act or the
Osteopathic Act.
The Governor shall appoint the physician and surgeon member and
the other six licensed members qualified as provided in this section.
The Senate Rules Committee and the Speaker of the Assembly shall
each appoint a public member, and their initial appointment shall be
made to fill, respectively, the first and second public member
vacancies which occur on or after January 1, 1983.
SEC. 84. Section 2531.3 of the Business
and Professions Code is amended to read:
2531.3. The board department shall
examine every applicant for a speech-language pathology license or an
audiology license at the time and place designated by the
board department in its discretion, but at least
once in each year; and for that purpose the director may
appoint qualified persons to give the whole or any portion of the
examination , who shall be designated as commissioners on
examination. A commissioner on examination need not be a member of
the board, but shall be subject to the same rules and regulations and
shall be entitled to the same fee as if he or she were a member of
the board .
The board department shall perform
all examination functions, including but not limited to,
participation in uniform examination systems.
SEC. 85. Section 2531.4 of the Business
and Professions Code is amended to read:
2531.4. The board department shall
have full authority to investigate and to evaluate each and every
applicant applying for a license to practice speech-language
pathology or a license to practice audiology and to determine the
admission of the applicant to the examination, if
administered by the board, or to issue a license, in
conformance with the provisions of, and qualifications required by,
this chapter.
SEC. 86. Section 2531.5 of the Business
and Professions Code is amended to read:
2531.5. The board department shall
issue, suspend, and revoke licenses and approvals to practice
speech-language pathology and audiology as authorized by this
chapter.
SEC. 87. Section 2531.6 of the Business
and Professions Code is repealed.
2531.6. The Governor has power to remove from office any member
of the board for neglect of any duty required by this chapter, for
incompetency, or for unprofessional conduct.
SEC. 88. Section 2531.7 of the Business
and Professions Code is repealed.
2531.7. The board shall elect annually a chairperson and vice
chairperson from among its members. The board shall hold at least one
regular meeting each year. Additional meetings may be held upon call
of the chairperson or at the written request of any two members of
the board.
SEC. 89. Section 2531.75 of the
Business and Professions Code is repealed.
2531.75. (a) The board may appoint a person exempt from civil
service who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board
and vested in him or her by this chapter.
(b) This section shall become inoperative on July 1, 2008, and, as
of January 1, 2009, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2009, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 90. Section 2531.8 of the Business
and Professions Code is repealed.
2531.8. Five members of the board shall at all times constitute a
quorum.
SEC. 91. Section 2531.9 of the Business
and Professions Code is repealed.
2531.9. Each member of the board shall receive a per diem and
expenses as provided in Section 103.
SEC. 92. Section 2531.95 of the
Business and Professions Code is amended to read:
2531.95. The board department shall
from time to time adopt the regulations that may be necessary to
effectuate this chapter. In adopting regulations the board
department shall comply with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
SEC. 93. Section 2538 of the Business
and Professions Code is amended to read:
2538. A person seeking approval as a speech-language pathology
assistant shall make application to the board
department for that approval.
SEC. 94. Section 2538.1 of the Business
and Professions Code is amended to read:
2538.1. (a) The board department
shall adopt regulations, in collaboration with the State Department
of Education, the Commission on Teacher Credentialing, and the
Advisory Commission on Special Education, that set forth standards
and requirements for the adequate supervision of speech-language
pathology assistants.
(b) The board department shall adopt
regulations as reasonably necessary to carry out the purposes of
this article, that shall include, but need not be limited to, the
following:
(1) Procedures and requirements for application, registration,
renewal, suspension, and revocation.
(2) Standards for approval of Associate Degree Speech-Language
Pathology Assistant training programs based upon standards and
curriculum guidelines established by the National Council on Academic
Accreditation in Audiology and Speech-Language Pathology, or the
American Speech-Language-Hearing Association, or equivalent formal
training programs consisting of two years of technical education,
including supervised field placements. The board
department may impanel site review committees to conduct
onsite evaluations, inspections, and investigations of a
speech-language pathology assistant training program and to assess
the training program's compliance with the board's
laws and regulations. The members of the site review committee shall
receive no compensation but shall be reimbursed for their actual
travel and per diem expenses by the institution that is the subject
of the evaluation, inspection, or investigation.
(3) Standards for accreditation of a Speech-Language Pathology
Assistant training program's institution by the Accrediting
Commission for Community and Junior Colleges of the Western
Association of Schools and Colleges or the Senior College Commission
of the Western Association of Schools and Colleges, or equivalent
accreditation.
(4) The scope of responsibility, duties, and functions of
speech-language pathology assistants, that shall include, but not be
limited to, all of the following:
(A) Conducting speech-language screening, without interpretation,
and using screening protocols developed by the supervising
speech-language pathologist.
(B) Providing direct treatment assistance to patients or clients
under the supervision of a speech-language pathologist.
(C) Following and implementing documented treatment plans or
protocols developed by a supervising speech-language pathologist.
(D) Documenting patient or client progress toward meeting
established objectives, and reporting the information to a
supervising speech-language pathologist.
(E) Assisting a speech-language pathologist during assessments,
including, but not limited to, assisting with formal documentation,
preparing materials, and performing clerical duties for a supervising
speech-language pathologist.
(F) When competent to do so, as determined by the supervising
speech-language pathologist, acting as an interpreter for
non-English-speaking patients or clients and their family members.
(G) Scheduling activities and preparing charts, records, graphs,
and data.
(H) Performing checks and maintenance of equipment, including, but
not limited to, augmentative communication devices.
(I) Assisting with speech-language pathology research projects,
in-service training, and family or community education.
The regulations shall provide that speech-language pathology
assistants are not authorized to conduct evaluations, interpret data,
alter treatment plans, or perform any task without the express
knowledge and approval of a supervising speech-language pathologist.
(5) The requirements for the wearing of distinguishing name badges
with the title of speech-language pathology assistant.
(6) Minimum continuing professional development requirements for
the speech-language pathology assistant, not to exceed 12 hours in a
two-year period. The speech-language pathology assistant's supervisor
shall act as a professional development advisor. The speech-language
pathology assistant's professional growth may be satisfied with
successful completion of state or regional conferences, workshops,
formal in-service presentations, independent study programs, or any
combination of these concerning communication and related disorders.
(7) Minimum continuing professional development requirements for
the supervisor of a speech-language pathology assistant.
(8) The type and amount of direct and indirect supervision
required for speech-language pathology assistants.
(9) The maximum number of assistants permitted per supervisor.
(10) A requirement that the supervising speech-language
pathologist shall remain responsible and accountable for clinical
judgments and decisions and the maintenance of the highest quality
and standards of practice when a speech-language pathology assistant
is utilized.
SEC. 95. Section 2570.2 of the Business
and Professions Code is amended to read:
2570.2. As used in this chapter, unless the context requires
otherwise:
(a) "Appropriate supervision of an aide" means that the
responsible occupational therapist shall provide direct in-sight
supervision when the aide is providing delegated client-related tasks
and shall be readily available at all times to provide advice or
instruction to the aide. The occupational therapist is responsible
for documenting the client's record concerning the delegated
client-related tasks performed by the aide.
(b) "Aide" means an individual who provides supportive services to
an occupational therapist and who is trained by an occupational
therapist to perform, under appropriate supervision, delegated,
selected client and nonclient-related tasks for which the aide has
demonstrated competency. An occupational therapist licensed pursuant
to this chapter may utilize the services of one aide engaged in
patient-related tasks to assist the occupational therapist in his or
her practice of occupational therapy. An occupational therapy
assistant shall not supervise an aide engaged in client-related
tasks.
(c) "Association" means the Occupational Therapy Association of
California or a similarly constituted organization representing
occupational therapists in this state.
(d) "Board" means the California Board of Occupational
Therapy department. Any reference to the "California
Board of Occupational Therapy" in any law or regulation
shall be deemed to refer to the department .
(e) "Examination" means an entry level certification examination
for occupational therapists and occupational therapy assistants
administered by the National Board for Certification in Occupational
Therapy or by another nationally recognized credentialing body.
(f) "Good standing" means that the person has a current, valid
license to practice occupational therapy or assist in the practice of
occupational therapy and has not been disciplined by the recognized
professional certifying or standard-setting body within five years
prior to application or renewal of the person's license.
(g) "Occupational therapist" means an individual who meets the
minimum education requirements specified in Section 2570.6 and is
licensed pursuant to the provisions of this chapter and whose license
is in good standing as determined by the board
department to practice occupational therapy under this
chapter. Only the occupational therapist is responsible for the
occupational therapy assessment of a client, and the development of
an occupational therapy plan of treatment.
(h) "Occupational therapy assistant" means an individual who is
certified pursuant to the provisions of this chapter, who is in good
standing as determined by the board
department , and based thereon, who is qualified to assist in
the practice of occupational therapy under this chapter, and who
works under the appropriate supervision of a licensed occupational
therapist.
(i) "Occupational therapy services" means the services of an
occupational therapist or the services of an occupational therapy
assistant under the appropriate supervision of an occupational
therapist.
(j) "Person" means an individual, partnership, unincorporated
organization, or corporation.
(k) "Practice of occupational therapy" means the therapeutic use
of purposeful and meaningful goal-directed activities (occupations)
which engage the individual's body and mind in meaningful, organized,
and self-directed actions that maximize independence, prevent or
minimize disability, and maintain health. Occupational therapy
services encompass occupational therapy assessment, treatment,
education of, and consultation with, individuals who have been
referred for occupational therapy services subsequent to diagnosis of
disease or disorder (or who are receiving occupational therapy
services as part of an Individualized Education Plan (IEP) pursuant
to the federal Individuals with Disabilities Education Act (IDEA)).
Occupational therapy assessment identifies performance abilities and
limitations that are necessary for self-maintenance, learning, work,
and other similar meaningful activities. Occupational therapy
treatment is focused on developing, improving, or restoring
functional daily living skills, compensating for and preventing
dysfunction, or minimizing disability. Occupational therapy
techniques that are used for treatment involve teaching activities of
daily living (excluding speech-language skills); designing or
fabricating selective temporary orthotic devices, and applying or
training in the use of assistive technology or orthotic and
prosthetic devices (excluding gait training). Occupational therapy
consultation provides expert advice to enhance function and quality
of life. Consultation or treatment may involve modification of tasks
or environments to allow an individual to achieve maximum
independence. Services are provided individually, in groups, or
through social groups.
(l) "Hand therapy" is the art and science of rehabilitation of the
hand, wrist, and forearm requiring comprehensive knowledge of the
upper extremity and specialized skills in assessment and treatment to
prevent dysfunction, restore function, or reverse the advancement of
pathology. This definition is not intended to prevent an
occupational therapist practicing hand therapy from providing other
occupational therapy services authorized under this act in
conjunction with hand therapy.
(m) "Physical agent modalities" means techniques that produce a
response in soft tissue through the use of light, water, temperature,
sound, or electricity. These techniques are used as adjunctive
methods in conjunction with, or in immediate preparation for,
occupational therapy services.
SEC. 96. Section 2570.19 of the
Business and Professions Code is repealed.
2570.19. (a) There is hereby created a California Board of
Occupational Therapy, hereafter referred to as the board. The board
shall enforce and administer this chapter.
(b) The members of the board shall consist of the following:
(1) Three occupational therapists who shall have practiced
occupational therapy for five years.
(2) One occupational therapy assistant who shall have assisted in
the practice of occupational therapy for five years.
(3) Three public members who shall not be licentiates of the board
or of any board referred to in Section 1000 or 3600.
(c) The Governor shall appoint the three occupational therapists
and one occupational therapy assistant to be members of the board.
The Governor, the Senate Rules Committee, and the Speaker of the
Assembly shall each appoint a public member. Not more than one member
of the board shall be appointed from the full-time faculty of any
university, college, or other educational institution.
(d) All members shall be residents of California at the time of
their appointment. The occupational therapist and occupational
therapy assistant members shall have been engaged in rendering
occupational therapy services to the public, teaching, or research in
occupational therapy for at least five years preceding their
appointments.
(e) The public members may not be or have ever been occupational
therapists or occupational therapy assistants or in training to
become occupational therapists or occupational therapy assistants.
The public members may not be related to, or have a household member
who is, an occupational therapist or an occupational therapy
assistant, and may not have had, within two years of the appointment,
a substantial financial interest in a person regulated by the board.
(f) The Governor shall appoint two board members for a term of one
year, two board members for a term of two years, and one board
member for a term of three years. Appointments made thereafter shall
be for four-year terms, but no person shall be appointed to serve
more than two consecutive terms. Terms shall begin on the first day
of the calendar year and end on the last day of the calendar year or
until successors are appointed, except for the first appointed
members who shall serve through the last calendar day of the year in
which they are appointed, before commencing the terms prescribed by
this section. Vacancies shall be filled by appointment for the
unexpired term. The board shall annually elect one of its members as
president.
(g) The board shall meet and hold at least one regular meeting
annually in the Cities of Sacramento, Los Angeles, and San Francisco.
The board may convene from time to time until its business is
concluded. Special meetings of the board may be held at any time and
place designated by the board.
(h) Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
(i) Members of the board shall receive no compensation for their
services, but shall be entitled to reasonable travel and other
expenses incurred in the execution of their powers and duties in
accordance with Section 103.
(j) The appointing power shall have the power to remove any member
of the board from office for neglect of any duty imposed by state
law, for incompetency, or for unprofessional or dishonorable conduct.
(k) A loan is hereby authorized from the General Fund to the
Occupational Therapy Fund on or after July 1, 2000, in an amount of
up to one million dollars ($1,000,000) to fund operating, personnel,
and other startup costs of the board. Six hundred ten thousand
dollars ($610,000) of this loan amount is hereby appropriated to the
board to use in the 2000-01 fiscal year for the purposes described in
this subdivision. In subsequent years, funds from the Occupational
Therapy Fund shall be available to the board upon appropriation by
the Legislature in the annual Budget Act. The loan shall be repaid to
the General Fund over a period of up to five years, and the amount
paid shall also include interest at the rate accruing to moneys in
the Pooled Money Investment Account. The loan amount and repayment
period shall be minimized to the extent possible based upon actual
board financing requirements as determined by the Department of
Finance.
() This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute that
is enacted before January 1, 2014, deletes or extends the dates on
which it becomes inoperative and is repealed. The repeal of this
section renders the board subject to the review required by Division
1.2 (commencing with Section 473).
SEC. 97. Section 2570.20 of the
Business and Professions Code is amended to read:
2570.20. (a) The board department
shall administer, coordinate, and enforce the provisions of this
chapter, evaluate the qualifications, and approve the examinations
for licensure under this chapter.
(b) The board department shall adopt
rules in accordance with the Administrative Procedure Act relating
to professional conduct to carry out the purpose of this chapter,
including, but not limited to, rules relating to professional
licensure or certification and to the establishment of ethical
standards of practice for persons holding a license to practice
occupational therapy and for persons certified to assist in the
practice of occupational therapy in this state.
(c) Proceedings under this chapter shall be conducted in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
SEC. 98. Section 2570.21 of the
Business and Professions Code is repealed.
2570.21. Subject to Sections 107 and 154, the board may employ an
executive officer and other officers and employees
SEC. 99. Section 2570.30 of the
Business and Professions Code is amended to read:
2570.30. The board department shall
retain jurisdiction to proceed with any investigation, action or
disciplinary proceeding against a license, or to render a decision
suspending or revoking a license, regardless of the expiration,
lapse, or suspension of the license by operation of law, by order or
decision of the board department or a
court of law, or by the voluntary surrender of a license by the
licensee.
SEC. 100. Section 2601 of the Business
and Professions Code is amended to read:
2601. "Board" as used in this chapter means the Physical
Therapy Board of California department. Any reference
to the "Physical Therapy Board of California" in any law or
regulation shall be deemed to refer to the d
epartment .
SEC. 101. Section 2602 of the Business
and Professions Code is amended to read:
2602. The Physical Therapy Board of California,
hereafter referred to as the board, department
shall enforce and administer this chapter. This section shall become
inoperative on July 1, 2013, and, as of January 1, 2014, is repealed,
unless a later enacted statute, which becomes effective on or before
January 1, 2014, deletes or extends the dates on which it becomes
inoperative and is repealed.
The repeal of this section renders the board
this chapter subject to the review required by Division
1.2 (commencing with Section 473).
SEC. 102. Section 2602.1 of the Business
and Professions Code is amended to read:
2602.1. Protection of the public shall be the highest priority
for the Physical Therapy Board of California
department in exercising its licensing, regulatory, and
disciplinary functions. Whenever the protection of the public is
inconsistent with other interests sought to be promoted, the
protection of the public shall be paramount.
SEC. 103. Section 2603 of the Business
and Professions Code is repealed.
2603. The members of the board consist of the following: one
physical therapist involved in the education of physical therapists,
three physical therapists who shall have practiced physical therapy
for five years and shall be licensed by the board, and three public
members who shall not be licentiates of the board or of any other
board under the Medical Board of California or of any board referred
to in Sections 1000 and 3600.
SEC. 104. Section 2604 of the Business
and Professions Code is repealed.
2604. The members of the board shall be appointed for a term of
four years, expiring on the first day of June of each year.
The Governor shall appoint one of the public members and the four
physical therapist members of the board qualified as provided in
Section 2603. The Senate Rules Committee and the Speaker of the
Assembly shall each appoint a public member, and their initial
appointment shall be made to fill, respectively, the first and second
public member vacancies which occur on or after January 1, 1983.
Not more than one member of the board shall be appointed from the
full-time faculty of any university, college, or other educational
institution.
No person may serve as a member of the board for more than two
consecutive terms. Vacancies shall be filled by appointment for the
unexpired term. Annually, the board shall elect one of its members as
president.
The appointing power shall have the power to remove any member of
the board from office for neglect of any duty required by law or for
incompetency or unprofessional or dishonorable conduct.
SEC. 105. Section 2604.5 of the
Business and Professions Code is repealed.
2604.5. The public members shall be appointed from persons having
all of the following qualifications:
(a) Be a citizen of California.
(b) Shall not be an officer or faculty member of any college,
school or institution engaged in physical therapy education.
(c) Shall not be a licentiate of the Medical Board of California
or of any board under this division or of any board referred to in
Sections 1000 and 3600.
SEC. 106. Section 2605 of the Business
and Professions Code is amended to read:
2605. It shall be the duty of the board
department to examine applicants for a license as provided by
this chapter, at those places and times as shall be designated by the
board department in its discretion. It
may employ physical therapists licensed pursuant to this chapter to
aid it in that examination. The examination shall reasonably test the
applicant's knowledge of physical therapy in areas such as: anatomy,
pathology, kinesiology, physiology, psychology, physics,
electrotherapy, radiation therapy, hydrotherapy, massage, therapeutic
exercise, physical therapy as applied to medicine, neurology,
orthopedics, surgery, psychiatry, procedures of evaluation, testing,
measuring, and technical procedures in the practice of physical
therapy, consultation, and program planning.
SEC. 107. Section 2606 of the Business
and Professions Code is repealed.
2606. Each member of the board shall receive a per diem and
expenses as provided in Section 103.
SEC. 108. Section 2607 of the Business
and Professions Code is amended to read:
2607. The board department may
employ, subject to law, such clerical assistants and, except as
provided in Section 159.5, other employees as it may deem necessary
to carry out its powers and duties.
The board department may as
necessary select and contract with physical therapy consultants who
are licensed physical therapists to assist it in its programs on an
intermittent basis. Notwithstanding any other provision of law, the
board department may contract with
these consultants on a sole source basis. For the purposes of
Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code, any consultant under contract with the
board department shall be considered a public
employee.
SEC. 109. Section 2607.5 of the
Business and Professions Code is repealed.
2607.5. The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board and
vested in him or her by this chapter.
This section shall become inoperative on July 1, 2013, and, as of
January 1, 2014, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2014, deletes or extends
the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 110. Section 2608.5 of the
Business and Professions Code is amended to read:
2608.5. Each member of the board The
department , or any licensed physical therapist appointed by
the board department , may inspect, or
require reports from, a general or specialized hospital or any other
facility providing physical therapy care, treatment or services and
the physical therapy staff thereof, with respect to the physical
therapy care, treatment, services, or facilities provided therein,
and may inspect physical therapy patient records with respect to the
care, treatment, services, or facilities. The authority to make
inspections and to require reports as provided by this section shall
not be delegated by a member of the board the
department to any person other than a physical therapist and
shall be subject to the restrictions against disclosure described in
Section 2263.
SEC. 111. Section 2609 of the Business
and Professions Code is amended to read:
2609. The board department shall
issue, suspend, and revoke licenses and approvals to practice
physical therapy as provided in this chapter.
SEC. 112. Section 2611 of the Business
and Professions Code is repealed.
2611. The board shall hold at least one regular meeting annually
in the Cities of Sacramento, Los Angeles and San Francisco. The board
may convene from time to time until its business is concluded.
Special meetings of the board may be held at any time and place as
the board may designate.
SEC. 113. Section 2612 of the Business
and Professions Code is repealed.
2612. Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
SEC. 114. Section 2613 of the Business
and Professions Code is amended to read:
2613. The board department may
appoint qualified persons to give the whole or any portion of any
examination as provided in this chapter, who shall be designated as a
commissioner on examination. A commissioner on examination
need not be a member of the board but shall be subject to the same
rules and regulations and shall be entitled to the same fee as if he
or she were a member of the board.
SEC. 115. Section 2614 of the Business
and Professions Code is amended to read:
2614. (a) The board department
shall hear all matters, including but not limited to, any contested
case or any petition for reinstatement, restoration, or modification
of probation. Except as otherwise provided in this chapter, all
hearings shall be conducted in accordance with Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code. If a contested case is heard by the board
the hearing officer who presided at the hearing shall be present
during the board's consideration of the case and, if requested, shall
assist and advise the board.
(b) At the conclusion of the hearing, the board
department shall deny an application for, or suspend or
revoke, or impose probation conditions upon, a license or approval.
SEC. 116. Section 2615 of the Business
and Professions Code is amended to read:
2615. The board department shall
from time to time adopt regulations that may be necessary to
effectuate this chapter. In adopting regulations the board
department shall comply with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
SEC. 117. Section 2632 of the Business
and Professions Code is amended to read:
2632. All licenses for the practice of physical therapy in this
state shall be issued by the board department
, and all applications for the licenses shall be filed with
the board department . Excepting as
otherwise required by the director pursuant to Section 164, the
license issued by the board department
shall describe the licensee as a "physical therapist licensed by the
Physical Therapy Board Department of Consumer
Affairs of California."
Each application shall be accompanied by the application fee
prescribed by Section 2688, shall be signed by the applicant, and
shall contain a statement under oath of the facts entitling the
applicant to receive a license without examination or to take an
examination.
SEC. 118. Section 2701 of the Business
and Professions Code is amended to read:
2701. There is in the Department of Consumer Affairs the
Board of Registered Nursing consisting of nine members.
Within the meaning of this chapter, board, or the board,
"board" refers to the Board of
Registered Nursing department . Any reference in
state law or regulation to the Board of Registered
Nursing or Board of Nurse Examiners of the State of California
or California Board of Nursing Education and Nurse Registration shall
be construed to refer to the Board of Registered Nursing
department .
This section shall become inoperative on July 1, 2010, and, as of
January 1, 2011, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2011, deletes or extends
the dates on which it becomes inoperative and is repealed. The repeal
of this section renders the board this
chapter subject to the review required by Division 1.2
(commencing with Section 473).
SEC. 119. Section 2702 of the Business
and Professions Code is repealed.
2702. Each member of the board shall be a citizen of the United
States and a resident of the State of California. Four members shall
represent the public at large, and shall not be licensed under any
board under this division or any board referred to in Section 1000 or
3600 and shall have no pecuniary interests in the provision of
health care services. Two members shall be licensed registered nurses
under the provisions of this chapter, each of whom shall be active
in the practice of his or her profession engaged primarily in direct
patient care with at least five continuous years of experience, and
who shall not be engaged as an educator or administrator of a nursing
education program under the provisions of this chapter. One member
shall be a licensed registered nurse who shall be active as an
advanced practice registered nurse as defined in Section 2725.5. One
member shall be a licensed registered nurse under the provisions of
this chapter who shall be active as an educator or administrator in
an approved program to train registered nurses. One member shall be a
licensed registered nurse who is an administrator of a nursing
service with at least five continuous years of experience.
SEC. 120. Section 2703 of the Business
and Professions Code is repealed.
2703. All appointments shall be for a term of four years and
vacancies shall be filled for the unexpired term. No person shall
serve more than two consecutive terms.
The Governor shall appoint two of the public members and the
licensed members of the board qualified as provided in Section 2702.
The Senate Rules Committee and the Speaker of the Assembly shall each
appoint a public member.
SEC. 121. Section 2706 of the Business
and Professions Code is repealed.
2706. The Governor has the power to remove any member of the
board from office for neglect of any duty required by law, or for
incompetency, or unprofessional or dishonorable conduct.
SEC. 122. Section 2707 of the Business
and Professions Code is repealed.
2707. The board shall annually elect from its members a
president, vice president, and any other officers as it may deem
necessary. The officers of the board shall hold their respective
positions during its pleasure.
SEC. 123. Section 2708 of the Business
and Professions Code is repealed.
2708. The board shall appoint an executive officer who shall
perform the duties delegated by the board and who shall be
responsible to it for the accomplishment of those duties.
The executive officer shall be a nurse currently licensed under
this chapter and shall possess other qualifications as determined by
the board.
The executive officer shall not be a member of the board.
This section shall become inoperative on July 1, 2010, and, as of
January 1, 2011, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2011, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 124. Section 2708.1 of the
Business and Professions Code is amended to read:
2708.1. Protection of the public shall be the highest priority
for the Board of Registered Nursing
department in exercising its licensing, regulatory, and
disciplinary functions. Whenever the protection of the public is
inconsistent with other interests sought to be promoted, the
protection of the public shall be paramount.
SEC. 125. Section 2709 of the Business
and Professions Code is repealed.
2709. The board for the purpose of transacting its business shall
meet at least once every three months, at times and places it
designates by resolution.
SEC. 126. Section 2709.5 of the
Business and Professions Code is amended to read:
2709.5. The board department shall
accept in payment of any fee required by this chapter cash or any
customary or generally accepted medium of exchange, including check,
cashier's check, certified check or money order. For the purposes of
this section, customary or generally accepted medium of exchange does
not include postage stamps.
SEC. 127. Section 2710 of the Business
and Professions Code is repealed.
2710. Special meetings may be held at such times as the board may
elect, or on the call of the president of the board, or of not less
than three members thereof.
A written notice of the time, place and object of any special
meeting shall be mailed by the executive officer to all members of
the board who are not parties to the call, at least fifteen days
before the day of the meeting.
SEC. 128. Section 2710.5 of the
Business and Professions Code is amended to read:
2710.5. The board, with permission of the Director of
the Department of Consumer Affairs, department
may form advisory committees to advise the board
department on the implementation of this chapter.
Members of such advisory committees shall be entitled to a per diem
and expenses as provided in Section 103.
SEC. 129. Section 2712 of the Business
and Professions Code is repealed.
2712. Five members of the board constitute a quorum for the
transaction of business at any meeting.
SEC. 130. Section 2713 of the Business
and Professions Code is amended to read:
2713. The board department shall
keep a record of all its proceedings, including a
register of all applicants for licenses under this chapter and the
action of the board department upon
each application.
SEC. 131. Section 2714 of the Business
and Professions Code is repealed.
2714. The office of the board shall be in the city of Sacramento.
Suboffices may be established in Los Angeles and San Francisco and
such records as may be necessary may be transferred temporarily to
them. Legal proceedings against the board may be instituted in any
county in which any of the three cities above mentioned is located.
SEC. 132. Section 2715 of the Business
and Professions Code is amended to read:
2715. The board department shall
prosecute all persons guilty of violating the provisions of this
chapter.
Except as provided by Section 159.5, the board
department , in accordance with the provisions of the
Civil Service Law, may employ such personnel as it deems necessary to
carry into effect the provisions of this chapter.
The board shall have and use a seal bearing the name
"Board of Registered Nursing." The board department
may adopt, amend, or repeal, in accordance with the provisions
of Chapter 4.5 (commencing with Section 11371) ,
of Part 1 , of Division 3
, of Title 2 of the Government Code,
such rules and regulations as may be reasonably necessary to enable
it to carry into effect the provisions of this chapter.
SEC. 133. Section 2716 of the Business
and Professions Code is repealed.
2716. Each member of the board shall receive a per diem and
expenses as provided in Section 103.
SEC. 134. Section 2717 of the Business
and Professions Code is amended to read:
2717. (a) The board department
shall collect and analyze workforce data from its licensees for
future workforce planning. The board
department may collect the data at the time of license renewal
or from a scientifically selected random sample of its licensees. The
board department shall produce reports
on the workforce data it collects, at a minimum, on a biennial
basis. The board department shall
maintain the confidentiality of the information it receives from
licensees under this section and shall only release information in an
aggregate form that cannot be used to identify an individual. The
workforce data collected by the board
department shall include, at a minimum, employment information
such as hours of work, number of positions held, time spent in direct
patient care, clinical practice area, type of employer, and work
location. The data shall also include future work intentions, reasons
for leaving or reentering nursing, job satisfaction ratings, and
demographic data.
(b) Aggregate information collected pursuant to this section shall
be placed on the board's department's
Internet Web site.
(c) The board department is
authorized to expend the sum of one hundred forty-five thousand
dollars ($145,000) from the Board of Registered Nursing Fund in the
Professions and Vocations Fund for the purpose of implementing this
section.
(d) This section shall be implemented by the board
department on or before July 1, 2003.
SEC. 135. Section 2841 of the Business
and Professions Code is amended to read:
2841. There is in the Department of Consumer Affairs a
Board of Vocational Nursing and Psychiatric Technicians of the State
of California, consisting of 11 members.
Within the meaning of this chapter, board, or the board,
"board" refers to the Board of
Vocational Nursing and Psychiatric Technicians of the State of
California department. The department shall succeed
to, and be vested with, all of the powers, dutie s,
responsibilities, obligations, liabilities, and jurisdiction of the
board .
This section shall become inoperative on July 1, 2008, and, as of
January 1, 2009, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2009, deletes or extends
the dates on which it becomes inoperative and is repealed. The repeal
of this section renders the board this
chapter subject to the review required by Division 1.2
(commencing with Section 473).
SEC. 136. Section 2841.1 of the
Business and Professions Code is am ended to
read:
2841.1. Protection of the public shall be the highest priority
for the Board of Vocational Nursing and Psychiatric
Technicians of the State of California department
in exercising its licensing, regulatory, and disciplinary
functions. Whenever the protection of the public is inconsistent with
other interests sought to be promoted, the protection of the public
shall be paramount.
SEC. 137. Section 2842 of the Business
and Professions Code is repealed.
2842. (a) Each member of the board shall be a citizen of the
United States and a resident of the State of California. The board
shall have the following composition:
(1) Two members shall be duly licensed vocational nurses who have
been licensed for a period of not less than three years prior to
appointment.
(2) Two members shall be licensed psychiatric technicians, each of
whom shall have had not less than five years' experience in a
psychiatric hospital, or in a psychiatric unit of a hospital licensed
by the State Department of Health Services, or a private institution
licensed by the State Department of Health Services.
(3) One member shall be a licensed vocational nurse or registered
nurse who shall have had not less than five years' experience as a
teacher or administrator in an accredited school of vocational
nursing.
(4) Six members shall be public members who are not licentiates of
the board or any other board under this division or of any board
referred to in Sections 1000 and 3600.
(b) No person may serve as a member of the board for more than two
consecutive terms.
(c) Per diem and expenses of members of the board who are licensed
psychiatric technicians shall be paid solely from revenues received
pursuant to Chapter 10 (commencing with Section 4500) of Division 2.
SEC. 138. Section 2843 of the Business
and Professions Code is repealed.
2843. Members of the board shall be appointed for a term of four
years. Vacancies occurring shall be filled by appointment for the
unexpired term.
Appointments to the office shall be for a term of four years
expiring on June 1st.
The Governor shall appoint four of the public members and the
licensed members of the board qualified as provided in Section 2842.
The Senate Rules Committee and the Speaker of the Assembly shall each
appoint a public member, and their initial appointment shall be made
to fill, respectively, the first and second public member vacancies
which occur on or after January 1, 1983.
SEC. 139. Section 2845 of the Business
and Professions Code is repealed.
2845. The Governor has the power to remove any member of the
board from office for neglect of any duty required by law, or for
incompetency, or unprofessional or dishonorable conduct.
SEC. 140. Section 2846 of the Business
and Professions Code is repealed.
2846. The board at its first meeting after appointment, and
annually thereafter at its first meeting in each year, shall elect
from its members a president, vice president, and such other officers
as it may deem necessary. The officers of the board shall hold their
respective positions during its pleasure.
SEC. 141. Section 2847 of the Business
and Professions Code is repealed.
2847. (a) The board shall select an executive officer who shall
perform duties as are delegated by the board and who shall be
responsible to it for the accomplishment of those duties.
(b) The person selected to be the executive officer of the board
shall be a duly licensed vocational nurse under this chapter, a duly
licensed professional nurse as defined in Section 2725, or a duly
licensed psychiatric technician. The executive officer shall not be a
member of the board.
(c) With the approval of the Director of Finance, the board shall
fix the salary of the executive officer.
(d) The executive officer shall be entitled to traveling and other
necessary expenses in the performance of his or her duties. He or
she shall make a statement, certified before some duly authorized
person, that the expenses have been actually incurred.
(e) This section shall become inoperative on July 1, 2008, and, as
of January 1, 2009, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2009, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 142. Section 2848 of the Business
and Professions Code is repealed.
2848. The board for the purpose of transacting its business shall
meet at least twice each year, at times and places it designates by
resolution.
SEC. 143. Section 2849 of the Business
and Professions Code is repealed.
2849. Special meetings may be held at such times as the board may
elect, or on the call of the president of the board, or of not less
than five members thereof.
A written notice of the time, place, and object of any special
meeting shall be mailed by the executive officer to all members of
the board who are not parties to the call, at least 15 days before
the day of the meeting.
SEC. 144. Section 2850 of the Business
and Professions Code is repealed.
2850. Meetings may be held at any time and place by the written
consent of all members of the board.
SEC. 145. Section 2851 of the Business
and Professions Code is repealed.
2851. Six members of the board constitute a quorum for
transaction of business at any meeting.
SEC. 146. Section 2852 of the Business
and Professions Code is repealed.
2852. The board shall keep a record of all its proceedings,
including a register of all applicants for licenses under this
chapter and the action of the board upon each application.
SEC. 147. Section 2853 of the Business
and Professions Code is repealed.
2853. The office of the board shall be in the City of Sacramento.
Suboffices may be established in Los Angeles and San Francisco and
such records as may be necessary may be transferred temporarily to
them. Legal proceedings against the board may be instituted in any
county in which any of the three cities above mentioned is located.
SEC. 148. Section 2854 of the Business
and Professions Code is amended to read:
2854. The board department shall
prosecute all persons guilty of violating the provisions of this
chapter.
It may employ such clerical assistance as it may deem necessary to
carry into effect the provisions of this chapter. The board
department may fix the compensation to be paid
for such services and may incur such other expenses as it may deem
necessary.
The board department may adopt,
amend, or repeal such rules and regulations as may be reasonably
necessary to enable it to carry into effect the provisions of this
chapter. Such rules and regulations shall be adopted in accordance
with the provisions of the Administrative Procedure Act.
SEC. 149. Section 2855 of the Business
and Professions Code is repealed.
2855. Each member of the board shall receive a per diem and
expenses as provided in Section 103.
SEC. 150. Section 2857 of the Business
and Professions Code is amended to read:
2857. The board department shall
issue a license designated as licensed vocational nurse license.
SEC. 151. Section 2858 of the Business
and Professions Code is amended to read:
2858. The board department shall
accept in payment of any fee required by this chapter cash or any
customary or generally accepted medium of exchange, including check,
cashier's check, certified check , or postal money order.
For the purposes of this section, customary or generally accepted
medium of exchange does not include postage stamps.
SEC. 152. Section 2878.1 of the
Business and Professions Code is amended to read:
2878.1. (a) If a licensed vocational nurse has knowledge that
another person has committed any act prohibited by Section 2878, the
licensed vocational nurse shall report this information to the
board department in writing and shall
cooperate with the board department in
furnishing information or assistance as may be required.
(b) Any employer of a licensed vocational nurse shall report to
the board department the suspension or
termination for cause of any licensed vocational nurse in its employ.
In the case of licensed vocational nurses employed by the state, the
report shall not be made until after the conclusion of the review
process specified in Section 52.3 of the California Code of
Regulations and Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194.
This required reporting shall not constitute a waiver of
confidentiality of medical records. The information reported or
disclosed shall be kept confidential except as provided in
subdivision (c) of Section 800 of the Business and
Professions Code and shall not be subject to discovery in
civil cases.
(c) For purposes of the section, "suspension or termination for
cause" is defined as suspension or termination from employment for
any of the following reasons:
(1) Use of controlled substances or alcohol to the extent that it
impairs the licensee's ability to safely practice vocational nursing.
(2) Unlawful sale of a controlled substance or other prescription
items.
(3) Patient or client abuse, neglect, physical harm, or sexual
contact with a patient or client.
(4) Falsification of medical records.
(5) Gross negligence or incompetence.
(6) Theft from patients or clients, other employees, or the
employer.
(d) Failure of an employer to make a report required by this
section is punishable by an administrative fine not to exceed ten
thousand dollars ($10,000) per violation.
(e) Pursuant to Section 43.8 of the Civil Code, no person shall
incur any civil penalty as a result of making any report required by
this chapter.
(f) The board department shall
implement this section contingent upon the necessary funding in the
annual Budget Act.
SEC. 153. Section 2895.5 of the
Business and Professions Code is amended to read:
2895.5. As provided in subdivision (d) of Section 2895, the
Board of Vocational Nursing and Psychiatric Technicians
department shall collect an additional five
dollar ($5) assessment at the time of the biennial licensure renewal.
This amount shall be credited to the Vocational Nurses Education
Fund. This assessment is separate from those fees prescribed in
Section 2895.
SEC. 154. Section 2902 of the Business
and Professions Code is amended to read:
2902. As used in this chapter, unless the context clearly
requires otherwise and except as in this chapter expressly otherwise
provided the following definitions apply:
(a) "Licensed psychologist" means an individual to whom a license
has been issued pursuant to the provisions of this chapter, which
license is in force and has not been suspended or revoked.
(b) "Board" means the Board or "Board
of Psychology Psychology" shall mean
the Department of Consumer Affairs .
(c) A person represents himself or herself to be a psychologist
when the person holds himself or herself out to the public by any
title or description of services incorporating the words "psychology,"
"psychological," "psychologist," "psychology consultation,"
"psychology consultant," "psychometry," "psychometrics" or
"psychometrist," "psychotherapy," "psychotherapist," "psychoanalysis,"
or "psychoanalyst," or when the person holds himself or herself out
to be trained, experienced, or an expert in the field of psychology.
(d) "Accredited," as used with reference to academic institutions,
means the University of California, the California State University,
or an institution that is accredited by a national or an applicable
regional accrediting agency recognized by the United States
Department of Education.
(e) "Approved," as used with reference to academic institutions,
means an institution having "approval to operate", as defined in
Section 94718 of the Education Code.
SEC. 155. Section 2915.5 of the
Business and Professions Code is amended to read:
2915.5. (a) Any applicant for licensure as a psychologist who
began graduate study on or after January 1, 2004, shall complete, as
a condition of licensure, a minimum of 10 contact hours of coursework
in aging and long-term care, which could include, but is not limited
to, the biological, social, and psychological aspects of aging.
(b) Coursework taken in fulfillment of other educational
requirements for licensure pursuant to this chapter, or in a separate
course of study, may, at the discretion of the board
department , fulfill the requirements of this
section.
(c) In order to satisfy the coursework requirement of this
section, the applicant shall submit to the board
department a certification from the chief academic officer
of the educational institution from which the applicant graduated
stating that the coursework required by this section is included
within the institution's required curriculum for graduation, or
within the coursework, that was completed by the applicant.
(d) The board department shall not
issue a license to the applicant until the applicant has met the
requirements of this section.
SEC. 156. Section 2915.7 of the
Business and Professions Code is amended to read:
2915.7. (a) A licensee who began graduate study prior to January
1, 2004, shall complete a three-hour continuing education course in
aging and long-term care during his or her first renewal period after
the operative date of this section, and shall submit to the
board department evidence acceptable to the
board department of the person's
satisfactory completion of that course.
(b) The course should include, but is not limited to, the
biological, social, and psychological aspects of aging.
(c) Any person seeking to meet the requirements of subdivision (a)
of this section may submit to the board
department a certificate evidencing completion of equivalent
courses in aging and long-term care taken prior to the operative date
of this section, or proof of equivalent teaching or practice
experience. The board department , in
its discretion, may accept that certification as meeting the
requirements of this section.
(d) The board department may not
renew an applicant's license until the applicant has met the
requirements of this section.
(e) A licensee whose practice does not include the direct
provision of mental health services may apply to the board
department for an exception to the requirements
of this section.
(f) This section shall become operative on January 1, 2005.
SEC. 157. Section 2920 of the Business
and Professions Code is amended to read:
2920. The Board of Psychology department
shall enforce and administer this chapter. The board
shall consist of nine members, four of whom shall be public members.
This section shall become inoperative on July 1, 2009, and, as of
January 1, 2010, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2010, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 158. Section 2920.1 of the
Business and Professions Code is amended to read:
2920.1. Protection of the public shall be the highest priority
for the Board of Psychology department
in exercising its licensing, regulatory, and disciplinary functions.
Whenever the protection of the public is inconsistent with other
interests sought to be promoted, the protection of the public shall
be paramount.
SEC. 159. Section 2921 of the Business
and Professions Code is repealed.
2921. Each member of the board shall hold office for a term of
four years, and shall serve until the appointment and qualification
of his or her successor or until one year shall have elapsed since
the expiration of the term for which he or she was appointed,
whichever first occurs. No member may serve for more than two
consecutive terms.
SEC. 160. Section 2922 of the Business
and Professions Code is repealed.
2922. In appointing the members of the board, except the public
members, the Governor shall use his or her judgment to select
psychologists who represent, as widely as possible, the varied
professional interests of psychologists in California.
The Governor shall appoint two of the public members and the five
licensed members of the board qualified as provided in Section 2923.
The Senate Rules Committee and the Speaker of the Assembly shall each
appoint a public member, and their initial appointment shall be made
to fill, respectively, the first and second public member vacancies
which occur on or after January 1, 1983.
SEC. 161. Section 2923 of the Business
and Professions Code is repealed.
2923. Each member of the board shall have all of the following
qualifications:
(a) He or she shall be a resident of this state.
(b) Each member appointed, except the public members shall be a
licensed psychologist.
The public members shall not be licentiates of the board or of any
board under this division or of any board referred to in the
Chiropractic Act or the Osteopathic Act.
SEC. 162. Section 2924 of the Business
and Professions Code is repealed.
2924. The Governor has power to remove from office any member of
the board for neglect of any duty required by this chapter, for
incompetency, or for unprofessional conduct.
SEC. 163. Section 2925 of the Business
and Professions Code is repealed.
2925. The board shall elect annually a president and vice
president from among its members.
SEC. 164. Section 2926 of the Business
and Professions Code is repealed.
2926. The board shall hold at least one regular meeting each
year. Additional meetings may be held upon call of the chairman or at
the written request of any two members of the board.
SEC. 165. Section 2927 of the Business
and Professions Code is repealed.
2927. Five members of the board shall at all times constitute a
quorum.
SEC. 166. Section 2927.5 of the
Business and Professions Code is repealed.
2927.5. Notice of each regular meeting of the board shall be
given in accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
SEC. 167. Section 2928 of the Business
and Professions Code is repealed.
2928. The board shall administer and enforce this chapter.
SEC. 168. Section 2929 of the Business
and Professions Code is repealed.
2929. The board shall adopt a seal, which shall be affixed to all
licenses issued by the board.
SEC. 169. Section 2930 of the Business
and Professions Code is amended to read:
2930. The board department shall
from time to time adopt rules and regulations as may be necessary to
effectuate this chapter. In adopting rules and regulations the
board department shall comply with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
SEC. 170. Section 2930.5 of the
Business and Professions Code is amended to read:
2930.5. (a) Any psychologist, who as a sole proprietor, or in a
partnership, group, or professional corporation, desires to practice
under any name that would otherwise be a violation of subdivision (r)
of Section 2960 may practice under that name if the proprietor,
partnership, group, or corporation obtains and maintains in current
status a fictitious-name permit issued by the committee
department under this section.
(b) The committee department shall
issue a fictitious-name permit authorizing the holder thereof to use
the name specified in the permit in connection with his, her, or its
practice if the committee department
finds to its satisfaction that:
(1) The applicant or applicants or shareholders of the
professional corporation hold valid and current licenses and no
charges of unprofessional conduct are pending against any such
licensed person.
(2) The place, or portion thereof, in which the applicant's or
applicants' practice, is owned or leased by the applicant or
applicants.
(3) The professional practice of the applicant or applicants is
wholly owned and entirely controlled by the applicant or applicants.
(4) The name under which the applicant or applicants propose to
practice contains one of the following designations: "psychology
group" or "psychology clinic."
(c) Fictitious-name permits issued by the committee
department shall be subject to Article 7
(commencing with Section 2980) pertaining to renewal of licenses.
(d) The committee department may
revoke or suspend any permit issued if it finds that the holder or
holders of the permit are not in compliance with this section or any
regulations adopted pursuant to this section. A proceeding to revoke
or suspend a fictitious-name permit shall be conducted in accordance
with Section 2965.
(e) The committee department may
also proceed to revoke the fictitious-name permit of a licensee whose
license has been revoked, but no proceeding may be commenced unless
and until the charges of unprofessional conduct against the licensee
have resulted in revocation of the license.
(f) The committee may delegate to the executive director, or to
another official of the board, its authority to review and approve
applications for fictitious-name permits and to issue those permits.
SEC. 171. Section 2931 of the Business
and Professions Code is amended to read:
2931. The board department shall
examine and pass upon the qualifications of the applicants for a
license as provided by this chapter.
SEC. 172. Section 2933 of the Business
and Professions Code is amended to read:
2933. Except as provided by Section 159.5, the board
department shall employ and shall make
available to the board , within the limits of the
funds received by the board it receives,
all personnel necessary to carry out this chapter. The
board may employ, exempt from the State Civil Service Act, an
executive officer to the Board of Psychology. The
board department shall make all expenditures to
carry out this chapter. The board department
may accept contributions to effectuate the purposes of this
chapter.
This section shall become inoperative on July 1, 2009, and, as of
January 1, 2010, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2010, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 173. Section 2934 of the Business
and Professions Code is amended to read:
2934. Notwithstanding Section 112, the board
department may issue, biennially, a current geographical
directory of licensed psychologists. The directory may be sent to
licensees and to other interested parties at cost.
SEC. 174. Section 2935 of the Business
and Professions Code is repealed.
2935. Each member of the board shall receive a per diem and
expenses as provided in Section 103.
SEC. 175. Section 2936 of the Business
and Professions Code is amended to read:
2936. The board department shall
adopt a program of consumer and professional education in matters
relevant to the ethical practice of psychology. The board
department shall establish as its standards of
ethical conduct relating to the practice of psychology, the "Ethical
Principles and Code of Conduct" published by the American
Psychological Association (APA). Those standards shall be applied by
the board department as the accepted
standard of care in all licensing examination development and in all
board department enforcement policies
and disciplinary case evaluations.
To facilitate consumers in receiving appropriate psychological
services, all licensees and registrants shall be required to post, in
a conspicuous location in their principal psychological business
office, a notice which reads as follows:
"NOTICE TO CONSUMERS: The Department of Consumer Affair's
Board of Psychology Affairs receives and
responds to questions and complaints regarding the practice of
psychology. If you have questions or complaints, you may contact the
board department on the Internet at
www.psychboard.ca.gov www.dca.ca.gov ,
by calling 1-866-503-3221, or by writing to the following address:
Board of Psychology Department of Consumer
Affairs
1422 Howe Avenue, Suite 22
Sacramento, California 95825-3236"
SEC. 176. Section 2987.2 of the
Business and Professions Code is amended to read:
2987.2. In addition to the fees charged pursuant to Section 2987
for the biennial renewal of a license, the board
department shall collect an additional fee of ten dollars
($10) at the time of renewal. The board
department shall transfer this amount to the Controller who
shall deposit the funds in the Mental Health Practitioner Education
Fund.
SEC. 177. Section 2987.3 of the
Business and Professions Code is amended to read:
2987.3. The following fees apply to fictitious-name permits
issued under Section 2930.5.
(a) The initial permit fee is an amount equal to the renewal fee
in effect at the beginning of the current renewal cycle. If the
permit will expire less than one year after its issuance, then the
initial permit fee is an amount equal to 50 percent of the fee in
effect at the beginning of the current renewal cycle.
(b) The biennial renewal fee shall be fixed by the
committee department at an amount not to exceed
fifty dollars ($50). The amount of this fee shall not exceed the
actual cost of issuing a fictitious-name permit.
(c) The deliquency delinquency fee
is twenty dollars ($20).
SEC. 178. Section 3004 of the Business
and Professions Code is amended to read:
3004. As used in this chapter, "board" means the State
Board of Optometry Department of Consumer Affairs
.
SEC. 179. Section 3010.1 of the
Business and Professions Code is amended to read:
3010.1. Protection of the public shall be the highest priority
for the State Board of Optometry department
in exercising its licensing, regulatory, and disciplinary
functions. Whenever the protection of the public is inconsistent with
other interests sought to be promoted, the protection of the public
shall be paramount.
SEC. 180. Section 3010.5 of the
Business and Professions Code is repealed.
3010.5. (a) There is in the Department of Consumer Affairs a
State Board of Optometry in which the enforcement of this chapter is
vested. The board consists of 11 members, five of whom shall be
public members.
Six members of the board shall constitute a quorum.
(b) The board shall, with respect to conducting investigations,
inquiries, and disciplinary actions and proceedings, have the
authority previously vested in the board as created pursuant to
Section 3010. The board may enforce any disciplinary actions
undertaken by that board.
(c) This section shall remain in effect only until July 1, 2010,
and, as of January 1, 2011, is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 181. Section 3011 of the Business
and Professions Code is repealed.
3011. Members of the board, except the public members, shall be
appointed only from persons who are registered optometrists of the
State of California and
actually engaged in the practice of optometry at the time of
appointment or who are members of the faculty of a school of
optometry. The public members shall not be a licentiate of the board
or of any other board under this division or of any board referred to
in Sections 1000 and 3600.
No person, including the public members, shall be eligible to
membership in the board who is a stockholder in or owner of or a
member of the board of trustees of any school of optometry or who
shall be financially interested, directly or indirectly, in any
concern manufacturing or dealing in optical supplies at wholesale.
No person, including the public members, shall serve as a member
of the board for more than two consecutive terms.
A member of the faculty of a school of optometry may be appointed
to the board; however, no more than two faculty members of schools of
optometry may be on the board at any one time. Faculty members of
the board shall not serve as public members.
SEC. 182. Section 3013 of the Business
and Professions Code is repealed.
3013. (a) Each member of the board shall hold office for a term
of four years, and shall serve until the appointment and
qualification of his or her successor or until one year shall have
elapsed since the expiration of the term for which he or she was
appointed, whichever first occurs.
(b) Vacancies occurring shall be filled by appointment for the
unexpired term.
(c) The Governor shall appoint three of the public members and the
six members qualified as provided in Section 3011. The Senate
Committee on Rules and the Speaker of the Assembly shall each appoint
a public member.
(d) No board member serving between January 1, 2000, and June 1,
2002, inclusive, shall be eligible for reappointment.
(e) For initial appointments made on or after January 1, 2003, one
of the public members appointed by the Governor and two of the
professional members shall serve terms of one year. One of the public
members appointed by the Governor and two of the professional
members shall serve terms of three years. The remaining public member
appointed by the Governor and the remaining two professional members
shall serve terms of four years. The public members appointed by the
Senate Committee on Rules and the Speaker of the Assembly shall each
serve for a term of four years.
SEC. 183. Section 3014 of the Business
and Professions Code is repealed.
3014. The board shall elect from its membership a president, a
vice president, and a secretary who shall hold office for one year or
until the election and qualification of a successor.
SEC. 184. Section 3014.6 of the
Business and Professions Code is repealed.
3014.6. (a) The board may appoint a person exempt from civil
service who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board
and vested in him or her by this chapter.
(b) This section shall become inoperative on July 1, 2010, and, as
of January 1, 2011, is repealed, unless a later enacted statute,
that is enacted before January 1, 2011, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 185. Section 3016 of the Business
and Professions Code is repealed.
3016. Each member of the board shall receive a per diem and
expenses as provided in Section 103.
SEC. 186. Section 3017 of the Business
and Professions Code is repealed.
3017. The board shall hold regular meetings every calendar
quarter.
Special meetings shall be held upon request of a majority of the
members of the board or upon the call of the president.
SEC. 187. Section 3018 of the Business
and Professions Code is amended to read:
3018. The board department shall
keep an accurate record of all of its licensees ,
and proceedings , and meetings .
SEC. 188. Section 3019 of the Business
and Professions Code is amended to read:
3019. The board department shall
keep a record of all prosecutions for violations of this chapter and
of all applications for licensure and examination.
SEC. 189. Section 3023 of the Business
and Professions Code is amended to read:
3023. For the purposes of this chapter, the board
department shall accredit schools, colleges, and
universities in or out of this state providing optometric education,
that it finds giving a sufficient program of study for the
preparation of optometrists.
SEC. 190. Section 3024 of the Business
and Professions Code is amended to read:
3024. The board department may
grant or refuse to grant certificates of registration as provided in
this chapter and may revoke or suspend the certificate of
registration of any optometrist for any of the causes specified in
this chapter.
It shall have the power to administer oaths and to take testimony
in the exercise of these functions.
SEC. 191. Section 3025 of the Business
and Professions Code is amended to read:
3025. The board department may make
and promulgate rules and regulations governing its
procedure of the board , the admission of
applicants for examination for certificates of registration as
optometrists, and the practice of optometry. All such
rules and regulations shall be in accordance with and not
inconsistent with the provisions of this chapter. Such rules and
regulations shall be adopted, amended, or repealed in accordance with
the provisions of the Administrative Procedure Act.
SEC. 192. Section 3025.1 of the
Business and Professions Code is amended to read:
3025.1. The board department may
adopt rules and regulations that are, in its judgment, reasonable and
necessary to ensure that optometrists have the knowledge to
adequately protect the public health and safety by establishing
educational requirements for admission to the examination for
licensure.
SEC. 193. Section 3025.2 of the
Business and Professions Code is amended to read:
3025.2. The board department may
adopt rules and regulations that are, in its judgment, reasonable and
necessary to ensure that optometrists have the knowledge to
adequately protect the public health and safety by governing its
accreditation of schools, colleges, and universities that provide
optometric education. In promulgating these rules and regulations, or
in extending accreditation, the board
department may, to the extent that it deems consistent with the
purposes of this chapter, recognize, accept, or adopt the advice,
recommendation, accreditation, or approval of a nationally recognized
accrediting agency or organization.
SEC. 194. Section 3025.5 of the
Business and Professions Code is amended to read:
3025.5. The board department may
adopt regulations prescribing minimum standards governing the
optometric services offered or performed, the equipment, or the
sanitary conditions, in all offices for the practice of optometry,
which are necessary to protect the health and safety of persons
availing themselves of the services offered or performed in such
offices.
SEC. 195. Section 3025.6 of the
Business and Professions Code is amended to read:
3025.6. The board department may
adopt regulations clarifying the level of training and the level of
supervision of assistants.
SEC. 196. Section 3026 of the Business
and Professions Code is amended to read:
3026. The board department may
adopt and use a common seal and establish a permanent office or
offices.
SEC. 197. Section 3027 of the Business
and Professions Code is amended to read:
3027. The board department shall
employ an executive officer and other necessary assistance in the
carrying out of the provisions of this chapter.
The executive officer shall perform the duties delegated by the
board department and shall be
responsible to it for the accomplishment of those duties.
The executive officer shall not be a member of the board.
With the approval of the Director of Finance, the board
department shall fix the salary of the executive
officer. The executive officer shall be entitled to traveling and
other necessary expenses in the performance of his or her
duties.
SEC. 198. Section 3028 of the Business
and Professions Code is amended to read:
3028. The Attorney General shall act as the legal counsel for the
board department and his or her
services shall be a charge against it.
SEC. 199. Section 3055 of the Business
and Professions Code is amended to read:
3055. The board department shall
issue a license to an applicant who meets the requirements of this
chapter, including the payment of the prescribed licensure,
certification, or renewal fee, and who meets any other requirement in
accordance with state law. A license or certificate issued under the
chapter shall be subject to renewal as prescribed by the
board department and shall expire unless renewed
in that manner. The board department
may provide for the late renewal of a license or certificate as
provided for in Section 163.5.
SEC. 200. Section 3075 of the Business
and Professions Code is amended to read:
3075. An optometrist shall post in each location where he or she
practices optometry, in an area that is likely to be seen by all
patients who use the office, his or her current license or other
evidence of current license status issued by the board
department . The board
department may charge a fee as specified in Section 3152 for
each issuance of evidence of current licensure.
SEC. 201. Section 3300 of the Business
and Professions Code is amended to read:
3300. For the purposes of this chapter, the following definitions
shall apply:
(a) "Person" includes any individual, partnership, corporation,
limited liability company, or other organization, or any combination
thereof.
(b) "Advertise" and its variants include the use of a newspaper,
magazine, or other publication, book, notice, circular, pamphlet,
letter, handbill, poster, bill, sign, placard, card, label, tag,
window display, store sign, radio, or television announcement, or any
other means or methods now or hereafter employed to bring to the
attention of the public the practice of fitting or selling of hearing
aids.
(c) "Department" means the Department of Consumer Affairs.
(d) "Bureau" means the Hearing Aid Dispensers Bureau.
(e) "Advisory committee" or "committee" means the Hearing Aid
Dispensers Advisory Committee.
(f)
(e) "License" includes a temporary license.
(g)
(f) "Licensee" means a person holding a
license.
(h)
(g) "Hearing aid" means any wearable
instrument or device designed for, or offered for the purpose of,
aiding or compensating for impaired human hearing.
(i)
(h) "Director" means the Director
of Consumer Affairs.
(j)
(i) "Chief" means the Chief of the Hearing
Aid Dispensers Bureau.
SEC. 202. Section 3321 of the Business
and Professions Code is repealed.
3321. (a) There is within the bureau a Hearing Aid Dispensers
Advisory Committee. The committee shall consist of seven members;
three of whom shall be licensed hearing aid dispensers and four of
whom shall be public members. Only one of the licensed members may
also be licensed as an audiologist.
(b) Each member of the committee shall hold office for a term of
four years. Each member shall hold office until the appointment and
qualification of his or her successor or until one year shall have
elapsed since the expiration of the term for which he or she was
appointed, whichever first occurs.
(c) Vacancies occurring shall be filled by appointment for the
unexpired term. Each member of the committee shall be eligible for
reappointment in the discretion of the appointing power, provided
that reappointed members shall, at the time of the reappointment,
hold a valid license under this chapter. No person may serve as a
member of the committee for more than two consecutive terms.
(d) The Governor shall appoint two of the public members and the
three licensees. The Senate Committee on Rules and the Speaker of the
Assembly shall each appoint a public member. When appointing the
public members, consideration shall be given to appointing a
hearing-impaired individual.
(e) Every member of the committee shall receive per diem and
expenses as provided in Section 103 and 113.
(f) The advisory committee shall:
(1) Examine the functions and policies of the bureau and make
recommendations with respect to policies, practices, and regulations
as may be deemed important and necessary by the director or the chief
to promote the interests of consumers or that otherwise promote the
welfare of the public.
(2) Consider and make appropriate recommendations to the bureau in
all matters relating to hearing aid dispensing in this state.
(3) Provide assistance as may be requested by the bureau in the
exercise of its powers or duties.
(g) The bureau shall meet and consult with the committee regarding
general policy issues related to hearing aid dispensing.
SEC. 203. Section 3325 of the Business
and Professions Code is repealed.
3325. Notice of each meeting of the committee shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Part 1 of Division 3 of Title 2 of
the Government Code).
SEC. 204. Section 3501 of the Business
and Professions Code is amended to read:
3501. As used in this chapter:
(a) "Board" means the Division of Licensing of the
Medical Board of California Department of Consumer
Affairs .
(b) "Approved program" means a program for the education of
physician assistants which has been formally approved by the
committee department .
(c) "Trainee" means a person who is currently enrolled in an
approved program.
(d) "Physician assistant" means a person who meets the
requirements of this chapter and is licensed by the
committee department .
(e) "Supervising physician" means a physician and surgeon licensed
by the board department or by the
Osteopathic Medical Board of California who supervises one or more
physician assistants, who possesses a current valid license to
practice medicine, and who is not currently on disciplinary probation
for improper use of a physician assistant.
(f) "Supervision" means that a licensed physician and surgeon
oversees the activities of, and accepts responsibility for, the
medical services rendered by a physician assistant.
(g) "Committee" or "examining committee" means the
Physician Assistant Committee Department of Consumer
Affairs .
(h) "Regulations" means the rules and regulations as contained in
Chapter 13.8 (commencing with Section 1399.500) of Title 16 of the
California Code of Regulations.
(i) "Routine visual screening" means uninvasive nonpharmacological
simple testing for visual acuity, visual field defects, color
blindness, and depth perception.
SEC. 205. Section 3504 of the Business
and Professions Code is repealed.
3504. There is established a Physician Assistant Committee of the
Medical Board of California. The committee consists of nine members.
This section shall become inoperative on July 1, 2011, and, as of
January 1, 2012, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2012, deletes or extends
the dates on which it becomes inoperative and is repealed. The repeal
of this section renders the committee subject to the review required
by Division 1.2 (commencing with Section 473).
SEC. 206. Section 3504.1 of the
Business and Professions Code is amended to read:
3504.1. Protection of the public shall be the highest priority
for the Physician Assistant Committee of the Medical Board of
California department in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
SEC. 207. Section 3505 of the Business
and Professions Code is repealed.
3505. The members of the committee shall include one member of
the Medical Board of California, a physician representative of a
California medical school, an educator participating in an approved
program for the training of physician assistants, a physician who is
an approved supervising physician of a physician assistant and who is
not a member of any division of the Medical Board of California,
three physician assistants, and two public members. Upon the first
expiration of the term of the member who is a member of the Medical
Board of California, that position shall be filled by a member of the
Medical Board of California who is a physician member. Upon the
first expiration of the term of the member who is a physician
representative of a California medical school, that position shall be
filled by a public member. Upon the first expiration of the term of
the member who is an educator participating in an approved program
for the training of physician assistants, that position shall be
filled by a physician assistant. Upon the first expiration of the
term of the member who is an approved supervising physician of a
physician assistant and not a member of any division of the Medical
Board of California, that position shall be filled by a public
member. Following the expiration of the terms of the members
described above, the committee shall include four physician
assistants, one physician who is also a member of the Medical Board
of California, and four public members.
Each member of the committee shall hold office for a term of four
years expiring on January 1st, and shall serve until the appointment
and qualification of a successor or until one year shall have elapsed
since the expiration of the term for which the member was appointed,
whichever first occurs. No member shall serve for more than two
consecutive terms. Vacancies shall be filled by appointment for the
unexpired terms.
The Governor shall appoint the licensed members qualified as
provided in this section and two public members. The Senate Rules
Committee and the Speaker of the Assembly shall each appoint a public
member.
SEC. 208. Section 3506 of the Business
and Professions Code is repealed.
3506. Each member of the committee shall receive a per diem and
expenses as provided in Section 103.
SEC. 209. Section 3507 of the Business
and Professions Code is repealed.
3507. The appointing power has power to remove from office any
member of the committee, as provided in Section 106.
SEC. 210. Section 3508 of the Business
and Professions Code is repealed.
3508. (a) The committee may convene from time to time as deemed
necessary by the committee.
(b) Notice of each meeting of the committee shall be given at
least two weeks in advance to those persons and organizations who
express an interest in receiving notification.
(c) The committee shall receive permission of the director to meet
more than six times annually. The director shall approve meetings
that are necessary for the committee to fulfill its legal
responsibilities.
SEC. 211. Section 3509 of the Business
and Professions Code is amended to read:
3509. It shall be the duty of the committee
department to:
(a) Establish standards and issue licenses of approval for
programs for the education and training of physician assistants.
(b) Make recommendations to the board concerning the
Determine the scope of practice for physician
assistants.
(c) Make recommendations to the board concerning the
formulation of Formulate guidelines for the
consideration of applications by licensed physicians to supervise
physician assistants and approval of such applications.
(d) Require the examination of applicants for licensure as a
physician assistant who meet the requirements of this chapter.
SEC. 212. Section 3509.5 of the
Business and Professions Code is repealed.
3509.5. The committee shall elect annually a chairperson and a
vice chairperson from among its members.
SEC. 213. Section 3510 of the Business
and Professions Code is amended to read:
3510. The committee department may
adopt, amend, and repeal regulations as may be necessary to enable it
to carry into effect the provisions of this chapter ;
provided, however, that the board shall adopt, amend, and repeal such
regulations as may be necessary to enable it to implement the
provisions of this chapter under its jurisdiction . All
regulations shall be in accordance with, and not inconsistent with,
the provisions of this chapter. Such regulations shall be adopted,
amended, or repealed in accordance with the provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code.
SEC. 214. Section 3511 of the Business
and Professions Code is repealed.
3511. Five members shall constitute a quorum for transacting any
business. The affirmative vote of a majority of those present at a
meeting of the committee shall be required to carry any motion.
SEC. 215. Section 3512 of the Business
and Professions Code is amended to read:
3512. (a) Except as provided in Sections 159.5 and 2020, the
committee department shall employ
within the limits of the Physician Assistant Fund all personnel
necessary to carry out the provisions of this chapter
including an executive officer who shall be exempt from civil service
. The board and committee
department shall make all necessary expenditures to carry out
the provisions of this chapter from the funds established by Section
3520. The committee department may
accept contributions to effect the purposes of this chapter.
(b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 216. Section 3519.5 of the
Business and Professions Code is amended to read:
3519.5. (a) The committee department
may issue under the name of the board a
probationary license to an applicant subject to terms and conditions,
including, but not limited to, any of the following conditions of
probation:
(1) Practice limited to a supervised, structured environment where
the applicant's activities shall be supervised by another physician
assistant.
(2) Total or partial restrictions on issuing a drug order for
controlled substances.
(3) Continuing medical or psychiatric treatment.
(4) Ongoing participation in a specified rehabilitation program.
(5) Enrollment and successful completion of a clinical training
program.
(6) Abstention from the use of alcohol or drugs.
(7) Restrictions against engaging in certain types of medical
services.
(8) Compliance with all provisions of this chapter.
(b) The committee and the board department
may modify or terminate the terms and conditions imposed on
the probationary license upon receipt of a petition from the
licensee.
(c) Enforcement and monitoring of the probationary conditions
shall be under the jurisdiction of the committee and the
board department . These proceedings shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 217. Section 3704 of the Business
and Professions Code is amended to read:
3704. (a) As used in this chapter, these
terms shall be defined as follows:
(a) "Board" means the Respiratory Care Board of California.
(b)
(1) "Department" means the Department of
Consumer Affairs.
(c)
(2) "Medical director" means a physician and
surgeon who is a member of a health care facility's active medical
staff and who is knowledgeable in respiratory care.
(d)
(3) "Respiratory care" includes "respiratory
therapy" or "inhalation therapy," where those terms mean respiratory
care.
(e)
(4) "Respiratory therapy school" means a
program reviewed and approved by the board
department .
(b) Any reference in this chapter to the "board" or to the
Respiratory Care Board of California, shall mean the Department of
Consumer Affairs.
SEC. 218. Section 3710 of the
Business and Professions Code is amended to read:
3710. The Respiratory Care Board of California,
hereafter referred to as the board, department
shall enforce and administer this chapter.
This section shall become inoperative on July 1, 2010, and, as of
January 1, 2011, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2011, deletes or extends
the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board
this chapter subject to the review required by Division
1.2 (commencing with Section 473).
SEC. 219. Section 3710.1 of the
Business and Professions Code is amended to read:
3710.1. Protection of the public shall be the highest priority
for the Respiratory Care Board of California
department in exercising its licensing, regulatory, and
disciplinary functions. Whenever the protection of the public is
inconsistent with other interests sought to be promoted, the
protection of the public shall be paramount.
SEC. 220. Section 3711 of the Business
and Professions Code is repealed.
3711. The members of the board shall be the following: one
physician and surgeon, four respiratory care practitioners, each of
whom shall have practiced respiratory care and four public members
who shall not be licensed by the board.
SEC. 221. Section 3712 of the Business
and Professions Code is repealed.
3712. The members of the board shall be appointed as follows:
(a) Two respiratory care practitioners and one public member shall
be appointed by the Speaker of the Assembly.
(b) One physician and surgeon, one respiratory care practitioner,
and one public member shall be appointed by the Senate Rules
Committee.
(c) One respiratory care practitioner, and two public members
shall be appointed by the Governor.
Appointments shall be made for four-year terms, expiring on the
first day of June of each year, and vacancies shall be filled for the
unexpired term.
No member shall serve for more than two consecutive terms. Not
more than two members of the board shall be appointed from the
full-time faculty of any university, college, or other educational
institution.
Annually, the board shall elect one of its members as president.
The appointing power shall have the authority to remove any member
of the board from office for neglect of any duty required by law or
for incompetency or unprofessional or dishonorable conduct.
SEC. 222. Section 3713 of the
Business and Professions Code is repealed.
3713. (a) The public members shall be appointed from persons
having the following qualifications:
(1) Be a citizen of the United States of America.
(2) Be a resident of the State of California.
(3) Shall not be an officer or faculty member of any college,
school, or institution engaged in respiratory therapy education.
(4) Shall not be licensed by the board or by any board under this
division.
(5) Shall have no pecuniary interests in the provision of health
care.
(b) The respiratory care practitioner members shall be appointed
from persons licensed as respiratory care practitioners having the
following qualifications:
(1) Be a citizen of the United States of America.
(2) Be a resident of the State of California.
(3) One respiratory care practitioner shall be an officer or
faculty member of any college, school, or institution engaged in
respiratory therapy education.
(4) Three respiratory care practitioners shall be involved in
direct patient care.
(5) Have at least five years' experience in respiratory care or
respiratory therapy education, and have been actively engaged therein
for at least three years immediately preceding appointment.
(c) The physician and surgeon member shall be appointed from
persons having the following qualifications:
(1) Be a citizen of the United States of America.
(2) Be a resident of the State of California.
(3) Be a licensed practicing physician and surgeon in the State of
California.
(4) Be knowledgeable in respiratory care.
SEC. 223. Section 3715 of the Business
and Professions Code is repealed.
3715. Each member of the board shall receive a per diem and
expenses as provided in Section 103.
SEC. 224. Section 3716 of the Business
and Professions Code is amended to read:
3716. The board department may
employ an executive officer exempt from civil service and
, subject to the provisions of law relating to civil
service, clerical assistants and, except as provided in Section
159.5, other employees as it may deem necessary to carry out its
powers and duties.
This section shall become inoperative on July 1, 2010, and, as of
January 1, 2011, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2011, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 225. Section 3717 of the Business
and Professions Code is amended to read:
3717. (a) The board department , or
any licensed respiratory care practitioner, enforcement staff, or
investigative unit appointed by the board it
appoints , may inspect, or require reports from, a general or
specialized hospital or any other facility or corporation providing
respiratory care, treatment, or services and the respiratory care
staff thereof, with respect to the respiratory care, treatment,
services, or facilities provided therein, or the employment of staff
providing the respiratory care, treatment, or services, and may
inspect and copy respiratory care patient records with respect to
that care, treatment, services, or facilities. The authority to make
inspections and to require reports as provided by this section is
subject to the restrictions against disclosure contained in Section
2225. Those persons may also inspect and copy employment records
relevant to an official investigation provided that the written
request to inspect the records specifies the portion of the records
to be inspected.
(b) The failure of an employer to provide documents as required by
this section is punishable by an administrative fine not to exceed
ten thousand dollars ($10,000) per violation. This penalty shall be
in addition to, and not in lieu of, any other civil or criminal
remedies.
SEC. 226. Section 3718 of the Business
and Professions Code is amended to read:
3718. The board department shall
issue, deny, suspend, and revoke licenses to practice respiratory
care as provided in this chapter.
SEC. 227. Section 3719 of the Business
and Professions Code is amended to read:
3719. Each person renewing his or her license shall submit proof
satisfactory to the board department
that, during the preceding two-year period, he or she completed the
required number of continuing education hours established by
regulation of the board department .
Required continuing education shall not exceed 30 hours every two
years.
Successful completion of an examination approved by the
board department may be submitted by a licensee
for a designated portion of continuing education credit. The
board department shall determine the hours of
credit to be granted for the passage of particular examinations.
SEC. 228. Section 3719.5 of the
Business and Professions Code is amended to read:
3719.5. The board department may
require successful completion of one or more professional courses
offered by the board department , the
American Association for Respiratory Care, or the California Society
for Respiratory Care in any or all of the following circumstances:
(a) As part of continuing education.
(b) Prior to initial licensure.
(c) Prior to consideration of a reinstatement petition.
SEC. 229. Section 3720 of the Business
and Professions Code is repealed.
3720. The board shall hold at least one regular meeting annually.
The board may convene from time to time until its business is
concluded. Special meetings may be held at the time and place the
board may designate. Additional meetings may be held upon call of the
president or at the written request of any two members of the board.
SEC. 230. Section 3722 of the Business
and Professions Code is amended to read:
3722. The board department shall
adopt any regulations as may be necessary to effectuate this chapter.
In adopting rules and regulations, the board
department shall comply with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
SEC. 231. Section 3766 of the Business
and Professions Code is amended to read:
3766. (a) The board department may
issue a citation containing an order of abatement and civil penalties
against a person who acts in the capacity of, or engages in the
business of, a respiratory care practitioner in this state without
having a license in good standing issued pursuant to this chapter.
(b) The board department may issue a
citation containing an order of abatement and civil penalties
against a person employing or contracting with a person who acts in
the capacity of, or engages in the business of, a respiratory care
practitioner in this state without having a license in good standing
issued pursuant to this chapter.
SEC. 232. Section 3767 of the Business
and Professions Code is amended to read:
3767. (a) The board department
shall issue a citation to a person and to his or her employer or
contractor, if, upon inspection or investigation, either upon
complaint or otherwise, the following conditions are met:
(1) The board department has
probable cause to believe that the person is acting in the capacity
of, or engaging in the practice of, a respiratory care practitioner
in this state without having a license in good standing issued
pursuant to this chapter.
(2) The person is not otherwise exempted from the provisions of
this chapter.
(b) Each citation issued pursuant to subdivision (a) shall meet
all of the following requirements:
(1) Be in writing and describe with particularity the basis of the
citation.
(2) Contain an order of abatement and an assessment of a civil
penalty in an amount not less than two hundred dollars ($200) nor
more than fifteen thousand dollars ($15,000).
(c) A person served with a citation may appeal to the
board department within 15 calendar days after
service of the citation with respect to any of the following:
(1) The violations alleged.
(2) The scope of the order of abatement.
(3) The amount of the civil penalty assessed.
(d) If, within 15 calendar days after service of the citation, the
person cited fails to notify the board
department that he or she intends to appeal the citation, the
citation shall be deemed a final order of the board
department and not subject to review by any
court or agency. The board department
may extend the 15-day period for good cause.
(e) (1) If a person cited under this section notifies the
board department in a timely manner that he or
she intends to contest the citation, the board
department shall afford an opportunity for a hearing.
(2) The board department shall
thereafter issue a decision, based on findings of fact, affirming,
modifying, or vacating the citation, or directing other appropriate
relief.
(f) With the approval of the board, the executive officer
The department shall prescribe procedures for
the issuance and appeal of a citation and procedures for a hearing
under this section. The board department
shall adopt regulations covering the assessment of a civil
penalty that shall give due consideration to the gravity of the
violation, and any history of previous violations.
(g) The sanctions authorized under this section shall be separate
from and in addition to, any other civil or criminal remedies.
SEC. 233. Section 3768 of the Business
and Professions Code is amended to read:
3768. (a) After the exhaustion of the review procedures provided
for in Section 3767, and as adopted by regulation, the board
department may apply to the appropriate superior
court for both of the following:
(1) A judgment in the amount of the civil penalty.
(2) An order compelling the cited person to comply with the order
of abatement.
(b) The application described in subdivision (a) shall include a
certified copy of the final order of the board
department .
(c) The application described in subdivision (a) shall constitute
a sufficient showing to warrant the issuance of the judgment and
order.
(d) The board department may employ
collection agencies or other methods in order to collect civil
penalties.
SEC. 234. Section 3769.3 of the Business
and Professions Code is amended to read:
3769.3. (a) Notwithstanding any other provision, the
board department may, by stipulation with the
affected licensee, issue a public reprimand, after it has conducted
an investigation, in lieu of filing or prosecuting a formal
accusation.
(b) The stipulation shall contain the authority, grounds, and
causes and circumstances for taking such action and by way of waiving
the affected licensee's rights, inform the licensee of his or her
rights to have a formal accusation filed and stipulate to a
settlement thereafter or have the matter in the statement of issues
heard before an administrative law judge in accordance with the
Administrative Procedures Procedure
Act.
(c) The stipulation shall be public information and shall be used
as evidence in any future disciplinary or penalty action taken by the
board department .
SEC. 235. Section 3778 of the Business
and Professions Code is amended to read:
3778. Notwithstanding any other provision of law, the
board department may contract with a collection
service for the purpose of collecting outstanding fees, fines, or
cost recovery amounts, and may release personal information,
including the birth date, telephone number, and social security
number of any applicant or licensee for this purpose. The contractual
agreement shall provide that the collection service shall not
inappropriately use or release personal information, and shall
provide safeguards to ensure that the information is protected from
inappropriate disclosure. The contractual agreement shall hold the
collection service liable for inappropriate use or disclosure of
personal information.
SEC. 236. Section 4001 of the Business
and Professions Code is repealed.
4001. (a) There is in the Department of Consumer Affairs a
California State Board of Pharmacy in which the administration and
enforcement of this chapter is vested. The board consists of 13
members.
(b) The Governor shall appoint seven competent pharmacists who
reside in different parts of the state to serve as members of the
board. The Governor shall appoint four public members, and the Senate
Committee on Rules and the Speaker of the Assembly shall each
appoint a public member who shall not be a licensee of the board, any
other board under this division, or any board referred to in Section
1000 or 3600.
(c) At least five of the seven pharmacist appointees to the board
shall be pharmacists who are actively engaged in the practice of
pharmacy. Additionally, the membership of the board shall include at
least one pharmacist representative from each of the following
practice settings: an acute care hospital, an independent community
pharmacy, a chain community pharmacy, and a long-term health care or
skilled nursing facility. The pharmacist appointees shall also
include a pharmacist who is a member of a labor union that represents
pharmacists. For the purposes of this subdivision, a "chain
community pharmacy" means a chain of 75 or more stores in California
under the same ownership, and an "independent community pharmacy"
means a pharmacy owned by a person or entity who owns no more than
four pharmacies in California.
(d) Members of the board shall be appointed for a term of four
years. No person shall serve as a member of the board for more than
two consecutive terms. Each member shall hold office until the
appointment and qualification of his or her successor or until one
year shall have elapsed since the expiration of the term for which
the member was appointed, whichever first occurs. Vacancies occurring
shall be filled by appointment for the unexpired term.
(e) Each member of the board shall receive a per diem and expenses
as provided in Section 103.
(f) In accordance with Sections 101.1 and 473.1, this section
shall become inoperative on July 1, 2010, and, as of January 1, 2011,
is repealed, unless a later enacted statute, that becomes effective
on or before January 1, 2011, deletes or extends the dates on which
it becomes inoperative and is repealed. The repeal of this section
renders the board subject to the review required by Division 1.2
(commencing with Section 473).
SEC. 237. Section 4001 is added to the
Business and Professions Code , to read:
4001. Any reference in this chapter or its implementing
regulations to the California State Board of Pharmacy or "board"
shall mean the Department of Consumer Affairs or, if appropriate, the
Director of Consumer Affairs.
SEC. 238. Section 4001.1 of the
Business and Professions Code is amended to read:
4001.1. Protection of the public shall be the highest priority
for the California State Board of Pharmacy
department in exercising its licensing, regulatory, and
disciplinary functions. Whenever the protection of the public is
inconsistent with other interests sought to be promoted, the
protection of the public shall be paramount.
SEC. 239. Section 4002 of the Business
and Professions Code is repealed.
4002. (a) The board shall elect a president, a vice president,
and a treasurer. The officers of the board shall be elected by a
majority of the membership of the board.
(b) The principal office of the board shall be located in
Sacramento. The board shall hold a meeting at least once in every
four months. Seven members of the board constitute a quorum.
SEC. 240. Section 4003 of the Business
and Professions Code is repealed.
4003. (a) The board may appoint a person exempt from civil
service who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board
and vested in him or her by this chapter. The executive officer may
or may not be a member of the board as the board may determine.
(b) The executive officer shall receive the compensation as
established by the board with the approval of the Director of
Finance. The executive officer shall also be entitled to travel and
other expenses necessary in the performance of his or her duties.
(c) The executive officer shall maintain and update in a timely
fashion records containing the names, titles, qualifications, and
places of business of all persons subject to this chapter.
(d) The executive officer shall give receipts for all money
received by him or her and pay it to the Department of Consumer
Affairs, taking its receipt therefor. Besides the duties required by
this chapter, the executive officer shall perform other duties
pertaining to the office as may be required of him or her by the
board.
(e) In accordance with Sections 101.1 and 473.1, this section
shall become inoperative on July 1, 2010, and, as of January 1, 2011,
is repealed, unless a later enacted statute, that becomes effective
on or before January 1, 2011, deletes or extends the dates on which
it becomes inoperative and is repealed.
SEC. 241. Section 4004 of the Business
and Professions Code is repealed.
4004. No member of the board shall teach pharmacy in any of its
branches, unless he or she teaches as either one of the following:
(a) A teacher in a public capacity and in a college of pharmacy.
(b) A teacher of an approved continuing education class as, or
under the control of, an accredited provider of continuing education.
SEC. 242. Section 4018 of the Business
and Professions Code is repealed.
4018. "Board" means the California State Board of Pharmacy.
SEC. 243. Section 4115 of the Business
and Professions Code is amended to read:
4115. (a) A pharmacy technician may perform packaging,
manipulative, repetitive, or other nondiscretionary tasks, only while
assisting, and while under the direct supervision and control of a
pharmacist.
(b) This section does not authorize the performance of any tasks
specified in subdivision (a) by a pharmacy technician without a
pharmacist on duty.
(c) This section does not authorize a pharmacy technician to
perform any act requiring the exercise of professional judgment by a
pharmacist.
(d) The board department shall adopt
regulations to specify tasks pursuant to subdivision (a) that a
pharmacy technician may perform under the supervision of a
pharmacist. Any pharmacy that employs a pharmacy technician shall do
so in conformity with the regulations adopted by the board
department .
(e) No person shall act as a pharmacy technician without first
being licensed by the board department
as a pharmacy technician.
(f) (1) A pharmacy with only one pharmacist shall have no more
than one pharmacy technician performing the tasks specified in
subdivision (a). The ratio of pharmacy technicians performing the
tasks specified in subdivision (a) to any additional pharmacist shall
not exceed 2:1, except that this ratio shall not apply to personnel
performing clerical functions pursuant to Section 4116 or 4117. This
ratio is applicable to all practice settings, except for an inpatient
of a licensed health facility, a patient of a licensed home health
agency, as specified in paragraph (2), an inmate of a correctional
facility of the Department of the Youth Authority or the
Department of Corrections and Rehabilitation ,
and for a person receiving treatment in a facility operated by the
State Department of Mental Health, the State Department of
Developmental Services, or the Department of Veterans Affairs.
(2) The board department may adopt
regulations establishing the ratio of pharmacy technicians performing
the tasks specified in subdivision (a) to pharmacists applicable to
the filling of prescriptions of an inpatient of a licensed health
facility and for a patient of a licensed home health agency. Any
ratio established by the board department
pursuant to this subdivision shall allow, at a minimum, at
least one pharmacy technician for a single pharmacist in a pharmacy
and two pharmacy technicians for each additional pharmacist, except
that this ratio shall not apply to personnel performing clerical
functions pursuant to Section 4116 or 4117.
(3) A pharmacist scheduled to supervise a second pharmacy
technician may refuse to supervise a second pharmacy technician if
the pharmacist determines, in the exercise of his or her professional
judgment, that permitting the second pharmacy technician to be on
duty would interfere with the effective performance of the pharmacist'
s responsibilities under this chapter. A pharmacist assigned to
supervise a second pharmacy technician shall notify the pharmacist in
charge in writing of his or her determination, specifying the
circumstances of concern with respect to the pharmacy or the pharmacy
technician that have led to the determination, within a reasonable
period, but not to exceed 24 hours, after the posting of the relevant
schedule. No entity employing a pharmacist may discharge,
discipline, or otherwise discriminate against any pharmacist in the
terms and conditions of employment for exercising or attempting to
exercise in good faith the right established pursuant to this
paragraph.
(g) Notwithstanding subdivisions (a) and (b), the board
department shall by regulation establish
conditions to permit the temporary absence of a pharmacist for breaks
and lunch periods pursuant to Section 512 of the Labor Code and the
orders of the Industrial Welfare Commission without closing the
pharmacy. During these temporary absences, a pharmacy technician may,
at the discretion of the pharmacist, remain in the pharmacy but may
only perform nondiscretionary tasks. The pharmacist shall be
responsible for a pharmacy technician and shall review any task
performed by a pharmacy technician during the pharmacist's temporary
absence. Nothing in this subdivision shall be construed to authorize
a pharmacist to supervise pharmacy technicians in greater ratios than
those described in subdivision (f).
(h) The pharmacist on duty shall be directly responsible for the
conduct of a pharmacy technician supervised by that pharmacist.
SEC. 244. Section 4116 of the Business
and Professions Code is amended to read:
4116. (a) No person other than a pharmacist, an intern
pharmacist, an authorized officer of the law, or a person authorized
to prescribe shall be permitted in that area, place, or premises
described in the license issued by the board
department wherein controlled substances or dangerous drugs or
dangerous devices are stored, possessed, prepared, manufactured,
derived, compounded, dispensed, or repackaged. However, a pharmacist
shall be responsible for any individual who enters the pharmacy for
the purposes of receiving consultation from the pharmacist or
performing clerical, inventory control, housekeeping, delivery,
maintenance, or similar functions relating to the pharmacy if the
pharmacist remains present in the pharmacy during all times as the
authorized individual is present.
(b) (1) The board department may, by
regulation, establish reasonable security measures consistent with
this section in order to prevent unauthorized persons from gaining
access to the area, place, or premises or to the controlled
substances or dangerous drugs or dangerous devices therein.
(2) The board department shall, by
regulation, establish conditions for the temporary absence of a
pharmacist for breaks and lunch periods pursuant to Section 512 of
the Labor Code and the orders of the Industrial Welfare
Commission Labor and Workforce Development Agency
without closing the pharmacy and removing authorized personnel
from the pharmacy. These conditions shall ensure the security of the
pharmacy and its operations during the temporary absence of the
pharmacist and shall allow, at the discretion of the pharmacist,
nonpharmacist personnel to remain and perform any lawful activities
during the pharmacist's temporary absence.
SEC. 245. Section 4501 of the Business
and Professions Code is amended to read:
4501. (a) "Board," as used in this chapter, means the
Any reference in this chapter to the Board of
Vocational Nursing and Psychiatric Technicians or "board" means
the Department of Consumer Affairs .
(b) This section shall become inoperative on July 1, 2008, and, as
of January 1, 2009, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2009, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 246. Section 4501.1 of the
Business and Professions Code is amended to read:
4501.1. Protection of the public shall be the highest priority
for the board department in exercising
its licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
SEC. 247. Section 4502.2 of the Business
and Professions Code is amended to read:
4502.2. A psychiatric technician, when prescribed by a physician
and surgeon, may withdraw blood from a patient with a mental illness
or developmental disability if the psychiatric technician has
received certification from the board
department that the psychiatric technician has completed a
prescribed course of instruction approved by the board
department or has demonstrated competence to the
satisfaction of the board department .
SEC. 248. Section 4503 of the Business
and Professions Code is amended to read:
4503. (a) The board department
shall administer and enforce this chapter.
(b) This section shall become inoperative on July 1, 2008, and, as
of January 1, 2009, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2009, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 249. Section 4504 of the Business
and Professions Code is amended to read:
4504. The board department may
adopt rules and regulations to carry out the provisions of this
chapter.
SEC. 250. Section 4505 of the Business
and Professions Code is amended to read:
4505. Except as provided by Section 159.5, the board
department may employ whatever personnel is
necessary for the administration of this chapter.
SEC. 251. Section 4507 of the Business
and Professions Code is amended to read:
4507. This chapter shall not apply to the following:
(a) Physicians and surgeons licensed pursuant to Chapter 5
(commencing with Section 2000) of Division 2.
(b) Psychologists licensed pursuant to Chapter 6.6 (commencing
with Section 2900) of Division 2.
(c) Registered nurses licensed pursuant to Chapter 6 (commencing
with Section 2700) of Division 2.
(d) Vocational nurses licensed pursuant to Chapter 6.5 (commencing
with Section 2840) of Division 2.
(e) Social workers or clinical social workers licensed pursuant to
Chapter 17 (commencing with Section 9000) of Division 3.
(f) Marriage and family therapists licensed pursuant to Chapter 13
(commencing with Section 4980) of Division 2.
(g) Teachers credentialed pursuant to Article 1 (commencing with
Section 44200) of Chapter 2 of Part 25 of the Education Code.
(h) Occupational therapists as specified in Chapter 5.6
(commencing with Section 2570) of Division 2.
(i) Art therapists, dance therapists, music therapists, and
recreation therapists, as defined in Division 5 (commencing with
Section 70001) of Title 22 of the California Code of Regulations, who
are personnel of health facilities licensed pursuant to Chapter 2
(commencing with Section 1250) of Division 2 of the Health and Safety
Code.
(j) Any other categories of persons the board
department determines are entitled to exemption from this
chapter because they have complied with other licensing provisions of
this code or because they are deemed by statute or by regulations
contained in the California Code of Regulations to be adequately
trained in their respective occupations. The exemptions shall apply
only to a given specialized area of training within the specific
discipline for which the exemption is granted.
SEC. 252. Section 4509.5 of the
Business and Professions Code is amended to read:
4509.5. Nothing in this chapter shall be construed to prevent
persons from performing services described in Section 4502 for
purposes of training to qualify for licensure under a program
approved by the board department or for
training in another allied professional field.
SEC. 253. Section 4521.2 of the
Business and Professions Code is amended to read:
4521.2. (a) If a psychiatric technician has knowledge that
another person has committed any act prohibited by Section 4521, the
psychiatric technician shall report this information to the
board department in writing and shall cooperate
with the board department in furnishing
information or assistance as may be required.
(b) Any employer of a psychiatric technician shall report to the
board department the suspension or
termination for cause of any psychiatric technician in their employ.
In the case of psychiatric technicians employed by the state, the
report shall not be made until after the conclusion of the review
process specified in Section 52.3 of Title 2 of the California Code
of Regulations and Skelly v. State Personnel Bd. (1975) 15 Cal.3d
194. The reporting required herein shall not constitute a waiver of
confidentiality of medical records. The information reported or
disclosed shall be kept confidential except as provided in
subdivision (c) of Section 800 of the Business and
Professions Code , and shall not be subject to discovery in
civil cases.
(c) For purposes of this section, "suspension or termination for
cause" is defined as suspension or termination from employment for
any of the following reasons:
(1) Use of controlled substances or alcohol to such an extent that
it impairs the licensee's ability to safely practice as a
psychiatric technician.
(2) Unlawful sale of controlled substances or other prescription
items.
(3) Patient or client abuse, neglect, physical harm, or sexual
contact with a patient or client.
(4) Falsification of medical records.
(5) Gross negligence or incompetence.
(6) Theft from patients or clients, other employees, or the
employer.
(d) Failure of an employer to make a report required by this
section is punishable by an administrative fine not to exceed ten
thousand dollars ($10,000) per violation.
(e) Pursuant to Section 43.8 of the Civil Code, no person shall
incur any civil penalty as a result of making any report required by
this chapter.
(f) The board department shall
implement this section contingent upon necessary funding being
provided in the annual Budget Act.
SEC. 254. Section 4800 of the Business
and Professions Code is repealed.
4800. There is in the Department of Consumer Affairs a Veterinary
Medical Board in which the administration of this chapter is vested.
The board consists of seven members, three of whom shall be public
members.
This section shall become inoperative on July 1, 2011, and, as of
January 1, 2012, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2012, deletes or extends
the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
provided for by Division 1.2 (commencing with Section 473).
SEC. 255. Section 4800.1 of the
Business and Professions Code is amended to read:
4800.1. Protection of the public shall be the highest priority
for the Veterinary Medical Board department
in exercising its licensing, regulatory, and disciplinary
functions. Whenever the protection of the public is inconsistent with
other interests sought to be promoted, the protection of the public
shall be paramount.
SEC. 256. Section 4801 of the Business
and Professions Code is repealed.
4801. Each member, except the public members, shall be a graduate
of some veterinary college authorized by law to confer degrees, a
bona fide resident of this state for a period of at least five years
immediately preceding his or her appointment, a veterinarian licensed
by the state, and shall have been actually engaged in the practice
of his or her profession in this state during this period. The public
members shall have been residents of this state for a period of at
least five years last past before their appointment and shall not be
licentiates of the board or of any other board under this division or
of any board referred to in Sections 1000 and 3600.
No person shall serve as a member of the board for more than two
consecutive terms.
SEC. 257. Section 4802 of the Business
and Professions Code is repealed.
4802. The members of the board shall hold office for a term of
four years. Each member shall serve until the appointment and
qualification of his or her successor or until one year shall have
elapsed since the expiration of the term for which he or she was
appointed, whichever first occurs. A member may be reappointed
subject to the limitation contained in Section 4801.
Vacancies occurring shall be filled by appointment for the
unexpired term, within 90 days after they occur.
The Governor shall appoint the four members qualified as provided
in Section 4801. The Senate Rules Committee and the Speaker of the
Assembly shall each appoint a public member.
SEC. 258. Section 4803 of the Business
and Professions Code is repealed.
4803. The Governor may, in his judgment, remove any member of the
board for neglect of duty or other sufficient cause, after due
notice and hearing.
SEC. 259. Section 4804 of the Business
and Professions Code is repealed.
4804. The board shall elect a president, vice president, and any
other officers of the board as shall be necessary, from its
membership. The Attorney General shall act as counsel for the board
and the members thereof in their official or individual capacity for
any act done under the color of official right.
SEC. 260. Section 4804.5 of the Business
and Professions Code is repealed.
4804.5. The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board and
vested in him or her by this chapter.
This section shall become inoperative on July 1, 2011, and, as of
January 1, 2012, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2012, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 261. Section 4805 of the Business
and Professions Code is repealed.
4805. The executive officer of the board may administer oaths or
affirmations upon matters pertaining to the business of the board.
Any person willfully making any false oath or affirmation is guilty
of perjury.
SEC. 262. Section 4806 of the Business
and Professions Code is repealed.
4806. Each member of the board shall receive a per diem and
expenses as provided in Section 103.
SEC. 263. Section 4807 of the Business
and Professions Code is repealed.
4807. Four members of the board constitute a quorum for
transaction of business at any meeting of the board.
SEC. 264. Section 4808 of the Business
and Professions Code is amended to read:
4808. The board department may in
accordance with the provisions of the Administrative Procedure Act,
adopt, amend, or repeal such rules and regulations as are reasonably
necessary to carry into effect the provisions of this chapter.
The board may hold such meetings as are necessary for the
transaction of business. It The department shall
issue all licenses to practice veterinary medicine in this
State state .
SEC. 265. Section 4809 of the Business
and Professions Code is amended to read:
4809. The board shall keep an official record of its
meetings, and it department shall also
keep an official register of all applicants for licenses.
The register shall be prima facie evidence of all matters
contained therein.
SEC. 266. Section 4809.5 of the Business
and Professions Code is amended to read:
4809.5. The board department may at
any time inspect the premises in which veterinary medicine,
veterinary dentistry, or veterinary surgery is being practiced.
SEC. 267. Section 4809.6 of the
Business and Professions Code is amended to read:
4809.6. The enforcement of Sections 4809.5 and 4854 of
this chapter is a function exclusively reserved to the
Veterinary Medical Board department and
the state has preempted and occupied this field of enforcing the
cleanliness and sanitary requirements of this chapter.
SEC. 268. Section 4809.7 of the
Business and Professions Code is amended to re
ad:
4809.7. The board department shall
establish a regular inspection program which will provide for random,
unannounced inspections.
SEC. 269. Section 4810 of the Business
and Professions Code is amended to read:
4810. As used in this chapter:
(a) "Board" means or the
Veterinary "Veterinary Medical Board
Board" means the Department of Consumer Affairs
.
(b) "Committee" or "examining committee" means the
Registered Veterinary Technician Examining Committee
Department of Consumer Affairs .
(c) "Regulations" means the rules and regulations set forth in
Division 20 (commencing with Section 2000) of Title 16 of the
California Code of Regulations.
(d) "Executive officer" means the Director of Consumer Affairs or
his or her designee.
SEC. 270. Section 4826 of the Business
and Professions Code is amended to read:
4826. A person practices veterinary medicine, surgery, and
dentistry, and the various branches thereof, when he or she does any
one of the following:
(a) Represents himself or herself as engaged in the practice of
veterinary medicine, veterinary surgery, or veterinary dentistry in
any of its branches.
(b) Diagnoses or prescribes a drug, medicine, appliance,
application, or treatment of whatever nature for the prevention, cure
or relief of a wound, fracture, bodily injury, or disease of
animals.
(c) Administers a drug, medicine, appliance, application, or
treatment of whatever nature for the prevention, cure, or relief of a
wound, fracture, bodily injury, or disease of animals, except where
the medicine, appliance, application, or treatment is administered by
a registered veterinary technician or an unregistered assistant at
the direction of and under the direct supervision of a licensed
veterinarian subject to Article 2.5 (commencing with Section 4832) or
where the drug, including, but not limited to, a drug that is a
controlled substance, is administered by a registered veterinary
technician or an unregistered assistant pursuant to Section 4836.1.
However, no person, other than a licensed veterinarian, may induce
anesthesia unless authorized by regulation of the board
department .
(d) Performs a surgical or dental operation upon an animal.
(e) Performs any manual procedure for the diagnosis of pregnancy,
sterility, or infertility upon livestock or Equidae.
(f) Uses any words, letters , or titles in such
connection or under such circumstances as to induce the belief that
the person using them is engaged in the practice of veterinary
medicine, veterinary surgery, or veterinary dentistry. This use shall
be prima facie evidence of the intention to represent himself or
herself as engaged in the practice of veterinary medicine, veterinary
surgery, or veterinary dentistry.
SEC. 271. Section 4828 of the Business
and Professions Code is amended to read:
4828. All veterinarians actually engaged and employed as
veterinarians by the state, or a county, city, corporation, firm or
individual are practicing veterinary medicine and shall secure a
license issued by the board department
.
SEC. 272. Section 4830 of the Business
and Professions Code , as amended by Section 1 of Chapter
823 of the Statutes of 2006, is amended to read:
4830. (a) This chapter does not apply to:
(1) Veterinarians while serving in any armed branch of the
military service of the United States or the United States Department
of Agriculture while actually engaged and employed in their official
capacity.
(2) Regularly licensed veterinarians in actual consultation from
other states.
(3) Regularly licensed veterinarians actually called from other
states to attend cases in this state, but who do not open an office
or appoint a place to do business within this state.
(4) Veterinarians employed by the University of California while
engaged in the performance of duties in connection with the College
of Agriculture, the Agricultural Experiment Station, the School of
Veterinary Medicine , or the agricultural extension work
of the university or employed by the Western University of Health
Sciences while engaged in the performance of duties in connection
with the College of Veterinary Medicine or the agricultural extension
work of the university.
(5) Students in the School of Veterinary Medicine of the
University of California or the College of Veterinary Medicine of the
Western University of Health Sciences who participate in diagnosis
and treatment as part of their educational experience, including
those in off-campus educational programs under the direct supervision
of a licensed veterinarian in good standing, as defined in paragraph
(1) of subdivision (b) of Section 4848, appointed by the University
of California, Davis, or the Western University of Health Sciences.
(6) A veterinarian who is employed by the Meat and Poultry
Inspection Branch of the California Department of Food and
Agriculture while actually engaged and employed in his or her
official capacity. A person exempt under this paragraph shall not
otherwise engage in the practice of veterinary medicine unless he or
she is issued a license by the board
department .
(7) Unlicensed personnel employed by the Department of Food and
Agriculture or the United States Department of Agriculture when, in
the course of their duties, they are directed by a veterinarian
supervisor to conduct an examination, obtain biological specimens,
apply biological tests, or administer medications or biological
products as part of government disease or condition monitoring,
investigation, control, or eradication activities.
(8) Veterinarians employed by a city, city and county, or county
who meet all of the following criteria:
(A) They have earned and possess a doctorate in veterinary
medicine from an American Veterinary Medical Association-accredited
college of veterinary medicine, or they possess a degree in
veterinary medicine from a non-American Veterinary Medical
Association-accredited college of veterinary medicine and possess a
certificate issued by the Educational Commission for Foreign
Veterinary Graduates or a certificate issued by the Program for
Assessment of Veterinary Equivalence, or they have achieved board
certification from the American College of Veterinary Pathologists.
(B) They have successfully completed a residency approved by the
American College of Veterinary Pathologists.
(C) They are conducting activities, under the direct supervision
of a California licensed veterinarian, related to pathology and
epidemiology on dead animals as part of a government program to
monitor a disease or a disease-related condition or to investigate,
control, or eradicate a disease.
(b) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2011, deletes or extends that
date.
SEC. 273. Section 4830 of the Business
and Professions Code , as added by Section 2 of Chapter
823 of the Statutes of 2006, is amended to read:
4830. (a) This chapter does not apply to:
(1) Veterinarians while serving in any armed branch of the
military service of the United States or the United States Department
of Agriculture while actually engaged and employed in their official
capacity.
(2) Regularly licensed veterinarians in actual consultation from
other states.
(3) Regularly licensed veterinarians actually called from other
states to attend cases in this state, but who do not open an office
or appoint a place to do business within this state.
(4) Veterinarians employed by the University of California while
engaged in the performance of duties in connection with the College
of Agriculture, the Agricultural Experiment Station, the School of
Veterinary Medicine, or the agricultural extension work of the
university or employed by the Western University of Health Sciences
while engaged in the performance of duties in connection with the
College of Veterinary Medicine or the agricultural extension work of
the university.
(5) Students in the School of Veterinary Medicine of the
University of California or the College of Veterinary Medicine of the
Western University of Health Sciences who participate in diagnosis
and treatment as part of their educational experience, including
those in off-campus educational programs under the direct supervision
of a licensed veterinarian in good standing, as defined in paragraph
(1) of subdivision (b) of Section 4848, appointed by the University
of California, Davis, or the Western University of Health Sciences.
(6) A veterinarian who is employed by the Meat and Poultry
Inspection Branch of the California Department of Food and
Agriculture while actually engaged and employed in his or her
official capacity. A person exempt under this paragraph shall not
otherwise engage in the practice of veterinary medicine unless he or
she is issued a license by the board
department .
(7) Unlicensed personnel employed by the Department of Food and
Agriculture or the United States Department of Agriculture when in
the course of their duties they are directed by a veterinarian
supervisor to conduct an examination, obtain biological specimens,
apply biological tests, or administer medications or biological
products as part of government disease or condition monitoring,
investigation, control, or eradication activities.
(b) This section shall become operative on January 1, 2011.
SEC. 274. Section 4832 of the Business
and Professions Code , as amended by Section 5 of Chapter
467 of the Statutes of 2004, is repealed.
4832. (a) The board shall establish an advisory committee on
issues pertaining to the practice of veterinary technicians, that
shall be known as the Registered Veterinary Technician Committee,
hereafter referred to as the committee.
(b) It is the intent of the Legislature that the Veterinary
Medical Board, in implementing this article, give specific
consideration to the recommendations of the Registered Veterinary
Technician Committee.
SEC. 275. Section 4832 is added to the
Business and Professions Code , to read:
4832. Any reference to "committee" or "Registered Veterinary
Technician Committee" shall mean the Department of Consumer Affairs.
SEC. 276. Section 4832 of the Business
and Professions Code , as added by Section 35 of Chapter
759 of the Statutes of 1997, is repealed.
4832. (a) The board shall establish an advisory committee on
issues pertaining to the practice of veterinary technicians, known as
the Registered Veterinary Technician
Committee, hereafter referred to as the committee.
(b) This section shall become operative on July 1, 1998.
SEC. 277. Section 4833 of the Business
and Professions Code is amended to read:
4833. (a) The committee shall advise and may assist the
board in department shall conduct the
examination of applicants for veterinary technician registration. The
examination shall be held at least once a year at the times and
places designated by the board department
.
(b) The committee department may
investigate and evaluate each applicant applying for registration as
a registered veterinary technician and may recommend to the
board for final determination the admission of the
applicant to the examination and eligibility for registration.
(c) The committee may make recommendations to the board
regarding the establishment and operation of the
department may establish continuing education requirements
authorized by Section 4838 of this article.
(d) The committee shall advise and may assist the board
in the inspection and approval of all department may
inspect and approve schools or institutions offering a
curriculum for training registered veterinary technicians.
(e) The committee may advise and assist the board in
developing department may develop regulations to
establish animal health care tasks and the appropriate degree of
supervision required for those tasks for registered veterinary
technicians and for unregistered assistants.
(f) The committee may advise and assist the board in
developing department may develop regulations to
define subdivision (c) of Section 4840, including, but not limited
to, procedures for citations and fines, in accordance with Section
125.9.
SEC. 278. Section 4834 of the Business
and Professions Code is repealed.
4834. (a) The board has the power to remove from office at any
time any member of the committee for continued neglect of any duty
required by this article, for incompetency, or for unprofessional
conduct.
(b) This section shall become operative on July 1, 1998.
SEC. 279. Section 4836 of the Business
and Professions Code is amended to read:
4836. (a) The board department
shall adopt regulations establishing animal health care tasks and an
appropriate degree of supervision required for those tasks that may
be performed only by a registered veterinary technician or a licensed
veterinarian.
(b) The board department also may
adopt regulations establishing animal health care tasks that may be
performed by an unregistered assistant as well as by a registered
veterinary technician or a licensed veterinarian. The board
department shall establish an appropriate degree
of supervision by a registered veterinary technician or a licensed
veterinarian over an unregistered assistant for any tasks established
under this subdivision and the degree of supervision for any of
those tasks shall be higher than, or equal to, the degree of
supervision required when a registered veterinary technician performs
the task.
(c) The board department may adopt
regulations, as needed, to define subdivision (c) of Section 4840,
including, but not limited to, procedures for citations and fines, in
accordance with Section 125.9.
SEC. 280. Section 4836.5 of the
Business and Professions Code is amended to read:
4836.5. The board department shall
take action pursuant to Article 4 (commencing with Section 4875) of
this chapter against any veterinarian licensed or authorized to
practice in this state who permits any registered veterinary
technician or unregistered assistant to perform any animal health
care services other than those allowed by this article.
SEC. 281. Section 4837 of the Business
and Professions Code is amended to read:
4837. The board department may
revoke or suspend the registration of a registered veterinary
technician in this state after notice and hearing for any cause
provided in this article. The proceedings under this article shall be
conducted in accordance with the provisions for administrative
adjudication in Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the
board department shall have all the powers
granted therein. The board department
may revoke or suspend a certificate of registration for any of the
following reasons:
(a) The employment of fraud, misrepresentation , or
deception in obtaining a registration.
(b) Conviction of a crime substantially related to the
qualifications, functions , and duties of a registered
veterinary technician in which case the record of such conviction
will be conclusive evidence.
(c) Chronic inebriety or habitual use of controlled substances.
(d) For having professional connection with or lending one's name
to any illegal practitioner of veterinary medicine and the various
branches thereof.
(e) Violating or attempts to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this chapter, or of the regulations adopted under
this chapter.
SEC. 282. Section 4838 of the Business
and Professions Code is amended to read:
4838. Effective with the 1976 renewal period, if the
board department determines that the public
health and safety would be served by requiring all registrants under
the provisions of this article to continue their education after
receiving such registration, it may require, as a condition of
renewal, that they submit assurances satisfactory to the
board department that they will, during the
succeeding renewal period, inform themselves of the developments in
the field of animal health technology since the issuance of their
certificate of registration by pursuing one or more courses of study
satisfactory to the board department or
by other means deemed equivalent by the board
department .
The board department shall adopt
regulations providing for the suspension of registration at the end
of each annual renewal period until compliance with the assurances
provided for in this section is accomplished.
SEC. 283. Section 4839 of the Business
and Professions Code is amended to read:
4839. For purposes of this article, a registered veterinary
technician means a person who has met the requirements of Section
4841.5, has passed the written and practical examination, and is
registered by the board department .
SEC. 284. Section 4841.5 of the
Business and Professions Code is amended to read:
4841.5. To be eligible to take the written and practical
examination for registration as a registered veterinary technician,
the applicant shall:
(a) Be at least 18 years of age.
(b) Furnish satisfactory evidence of graduation from, at minimum,
a two-year curriculum in veterinary technology, in a college or other
postsecondary institution approved by the board
department , or the equivalent thereof as determined by
the board department . In the case of a
private postsecondary institution, the institution shall also be
approved by the Bureau for Private Postsecondary and Vocational
Education.
SEC. 285. Section 4842 of the Business
and Professions Code is amended to read:
4842. The board department may deny
an application to take a written and practical examination for
registration as a registered veterinary technician if the applicant
has done any of the following:
(a) Committed any act which would be grounds for the suspension or
revocation of registration under this chapter.
(b) While unregistered, committed, or aided and abetted the
commission of, any act for which a certificate of registration is
required by this chapter.
(c) Knowingly made any false statement in the application.
(d) Been convicted of a crime substantially related to the
qualifications, functions , and duties of a registered
veterinary technician.
(e) Committed any act that resulted in a revocation by another
state of his or her license, registration, or other procedure by
virtue of which one is licensed or allowed to practice veterinary
technology in that state.
SEC. 286. Section 4842.1 of the
Business and Professions Code is amended to read:
4842.1. The board department shall
issue a certificate of registration to each applicant who passes the
examination. The form of the certificate shall be determined by the
board department .
SEC. 287. Section 4842.2 of the
Business and Professions Code is amended to read:
4842.2. All funds collected by the board
department under this article shall be deposited in the
Veterinary Medical Board Contingent Fund.
SEC. 288. Section 4842.5 of the
Business and Professions Code is amended to read:
4842.5. The amount of fees prescribed by this article is that
fixed by the following schedule:
(a) The fee for filing an application for examination shall be set
by the board department in an amount
it determines is reasonably necessary to provide sufficient funds to
carry out the purposes of this chapter, not to exceed two hundred
dollars ($200).
(b) The fee for the California registered veterinary technician
examination shall be set by the board
department in an amount it determines is reasonably necessary
to provide sufficient funds to carry out the purposes of this
chapter, not to exceed three hundred dollars ($300).
(c) The initial registration fee shall be set by the
board department at not more than one hundred
dollars ($100), except that, if the license is issued less than one
year before the date on which it will expire, then the fee shall be
set by the board department at not more
than fifty dollars ($50). The board
department may adopt regulations to provide for the waiver or
refund of the initial registration fee where the registration is
issued less than 45 days before the date on which it will expire.
(d) The biennial renewal fee shall be set by the board
department at not more than one hundred dollars
($100).
(e) The delinquency fee shall be twenty-five dollars ($25).
(f) Any charge made for duplication or other services shall be set
at the cost of rendering the services.
(g) The fee for filing an application for approval of a school
pursuant to Section 4843 shall be set by the board
department at an amount not to exceed the cost of the
approval process.
SEC. 289. Section 4842.6 of the
Business and Professions Code is amended to read:
4842.6. (a) Each individual registered by the board
department shall biennially apply for renewal of
his or her license or registration on or before the last day of the
applicant's birthday month. The application shall be made on a form
provided by the board department .
(b) The application shall contain a statement to the effect that
the applicant has not been convicted of a felony, has not been the
subject of professional disciplinary action taken by any public
agency in California or any other state or territory, and has not
violated any of the provisions of this chapter. If the applicant is
unable to make that statement, the application shall contain a
statement of the conviction, professional discipline, or violation.
(c) The board department may, as
part of the renewal process, make necessary inquiries of the
applicant and conduct an investigation in order to determine if cause
for disciplinary action exists.
SEC. 290. Section 4843 of the Business
and Professions Code is amended to read:
4843. The board department shall
approve all schools or institutions offering a curriculum for
training registered veterinary technicians. Application forms for
schools requesting approval shall be furnished by the board
department . Approval by the board
shall be for a two-year period. Reapplication for approval
by the board shall be made at the end of the
expiration date.
SEC. 291. Section 4843.5 of the
Business and Professions Code is amended to read:
4843.5. Except as otherwise provided in this article, an expired
certificate of registration may be renewed at any time within five
years after its expiration on filing of an application for renewal on
a form prescribed by the board department
, and payment of all accrued and unpaid renewal fees. If the
certificate of registration is renewed more than 30 days after its
expiration, the registrant, as a condition precedent to renewal,
shall also pay the delinquency fee prescribed by this article.
Renewal under this section shall be effective on the date on which
the application is filed, on the date all renewal fees are paid, or
on the date on which the delinquency fee, if any, is paid, whichever
occurs last.
SEC. 292. Section 4844 of the Business
and Professions Code is amended to read:
4844. A person who fails to renew his or her
certificate of registration within five years after its expiration
may not renew it, and it shall not be restored, reissued, or
reinstated thereafter, but such a
person may apply for and obtain a new certificate of registration if:
(a) He or she is not subject to denial of registration
under Section 480.
(b) No fact, circumstance, or condition exists which, if the
certificate of registration were issued, would justify its revocation
or suspension.
(c) He or she takes and passes the examination, if any,
which would be required of him or her if he or she
were then applying for a certificate of registration for the
first time, or otherwise establishes to the satisfaction of the
board department that, with due regard
for the public interest, he or she is qualified to be a
registered animal health technician.
(d) He or she pays all of the fees that would be
required of him or her if he or she were
applying for the certificate of registration for the first time.
The board department may, by
regulation, provide for the waiver or refund of all or any part of
the examination fee in those cases in which a certificate of
registration is issued without an examination pursuant to the
provisions of this section.
SEC. 293. Section 4846 of the Business
and Professions Code is amended to read:
4846. Applications for a license shall be upon a form furnished
by the board department and, in
addition, shall be accompanied by a diploma or other verification of
graduation from a veterinary college recognized by the board
department .
SEC. 294. Section 4846.1 of the
Business and Professions Code is amended to read:
4846.1. If the veterinary college from which an applicant is
graduated is not recognized by the board
department , the board department
shall have the authority to determine the qualifications of such
graduates and to review the quality of the educational experience
attained by them in an unrecognized veterinary college. The
board department shall have the authority to
adopt rules and regulations to implement this provision.
SEC. 295. Section 4846.2 of the
Business and Professions Code is amended to read:
4846.2. If the board department
finds in evaluating the graduate described in Section 4846.1 that
such the applicant is deficient in
qualification or in the quality of his or her educational
experience the board department may
require such applicant to fulfill such other remedial or other
requirements as the board department ,
by regulation, may prescribe.
SEC. 296. Section 4846.4 of the
Business and Professions Code is amended to read:
4846.4. (a) Each individual licensed by the board
department shall biennially apply for renewal of
his or her license or registration on or before the last day of the
applicant's birthday month. The application shall be made on a form
provided by the board department .
(b) The application shall contain a statement to the effect that
the applicant has not been convicted of a felony, has not been the
subject of professional disciplinary action taken by any public
agency in California or any other state or territory, and has not
violated any of the provisions of this chapter. If the applicant is
unable to make that statement, the application shall contain a
statement of the conviction, professional discipline, or violation.
(c) The board department may, as
part of the renewal process, make necessary inquiries of the
applicant and conduct an investigation in order to determine if cause
for disciplinary action exists.
SEC. 297. Section 4846.5 of the
Business and Professions Code is amended to read:
4846.5. (a) On or after January 1, 2002, except as provided in
this section, the board department
shall issue renewal licenses only to those applicants that have
completed a minimum of 36 hours of continuing education in the
preceding two years.
(b) (1) Notwithstanding any other provision of law, continuing
education hours shall be earned by attending courses relevant to
veterinary medicine and sponsored or cosponsored by any of the
following:
(A) American Veterinary Medical Association (AVMA) accredited
veterinary medical colleges.
(B) Accredited colleges or universities offering programs relevant
to veterinary medicine.
(C) The American Veterinary Medical Association.
(D) American Veterinary Medical Association recognized specialty
or affiliated allied groups.
(E) American Veterinary Medical Association's affiliated state
veterinary medical associations.
(F) Nonprofit annual conferences established in conjunction with
state veterinary medical associations.
(G) Educational organizations affiliated with the American
Veterinary Medical Association or its state affiliated veterinary
medical associations.
(H) Local veterinary medical associations affiliated with the
California Veterinary Medical Association.
(I) Federal, state, or local government agencies.
(J) Providers accredited by the Accreditation Council for
Continuing Medical Education (ACCME) or approved by the American
Medical Association (AMA), providers recognized by the American
Dental Association Continuing Education Recognition Program (ADA
CERP), and AMA or ADA affiliated state, local, and specialty
organizations.
(2) Continuing education credits shall be granted to those
veterinarians taking self-study courses, which may include, but are
not limited to, reading journals, viewing of videotapes, or listening
to audiotapes. The taking of these courses shall be limited to no
more than six hours biennially.
(3) The board department may approve
other continuing veterinary medical education providers not
specified in paragraph (1).
(A) The board department has the
authority to recognize national continuing education approval bodies
for the purpose of approving continuing education providers not
specified in paragraph (1).
(B) Applicants seeking continuing education provider approval
shall have the option of applying to the board
department or to a board-recognized
national approval body recognized by the department .
(4) For good cause, the board department
may adopt an order specifying, on a prospective basis, that a
provider of continuing veterinary medical education authorized
pursuant to paragraphs (1) or (2) is no longer an acceptable
provider.
(5) Continuing education hours earned by attending courses
sponsored or cosponsored by those entities listed in paragraph (1)
between January 1, 2000, and the effective date of this act shall be
credited toward a veterinarian's continuing education requirement
under this section.
(c) Every person renewing his or her license issued pursuant to
Section 4846.4 or any person applying for relicensure or for
reinstatement of his or her license to active status, shall submit
proof of compliance with this section to the board
department certifying that he or she is in compliance
with this section. Any false statement submitted pursuant to this
section shall be a violation subject to Section 4831.
(d) This section shall not apply to a veterinarian's first license
renewal. This section shall apply only to second and subsequent
license renewals granted on or after January 1, 2002.
(e) The board department shall have
the right to audit the records of all applicants to verify the
completion of the continuing education requirement. Applicants shall
maintain records of completion of required continuing education
coursework for a period of four years and shall make these records
available to the board department for
auditing purposes upon request. If the board
department , during this audit, questions whether any course
reported by the veterinarian satisfies the continuing education
requirement, the veterinarian shall provide information to the
board department concerning the content
of the course; the name of its sponsor and cosponsor, if any; and
specify the specific curricula that was of benefit to the
veterinarian.
(f) A veterinarian desiring an inactive license or to restore an
inactive license under Section 701, shall submit an application on a
form provided by the board department .
In order to restore an inactive license to active status, the
veterinarian shall have completed a minimum of 36 hours of continuing
education within the last two years preceding application. The
inactive license status of a veterinarian shall not deprive the
board department of its authority to
institute or continue a disciplinary action against a licensee.
(g) Knowing misrepresentation of compliance with the requirements
of this article by a veterinarian constitutes unprofessional conduct
and grounds for disciplinary action or for the issuance of a citation
and the imposition of a civil penalty pursuant to Section 4883.
(h) The board department , in its
discretion, may exempt from the continuing education requirement, any
veterinarian who for reasons of health, military service, or undue
hardship, cannot meet those requirements. Applications for waivers
shall be submitted on a form provided by the board
department .
(i) The administration of this section may be funded through
professional license and continuing education provider fees. The fees
related to the administration of this section shall not exceed the
costs of administering the corresponding provisions of this section.
(j) For those continuing education providers not listed in
paragraph (1) of subdivision (b), the board
department or its recognized national approval agent shall
establish criteria by which a provider of continuing education shall
be approved. The board department shall
initially review and approve these criteria and may review the
criteria as needed. The board department
or its recognized agent shall monitor, maintain, and manage
related records and data. The board
department shall have the authority to impose an application
fee, not to exceed two hundred dollars ($200) biennially, for
continuing education providers not listed in paragraph (1) of
subdivision (b).
SEC. 298. Section 4847 of the Business
and Professions Code is amended to read:
4847. The board department shall
number consecutively all applications received, note upon each the
disposition made of it, and preserve the same for reference.
SEC. 299. Section 4848 of the Business
and Professions Code is amended to read:
4848. (a) (1) The board department
shall, by means of examination, ascertain the professional
qualifications of all applicants for licenses to practice veterinary
medicine in this state and shall issue a license to every person whom
it finds to be qualified. No license shall be issued to anyone who
has not demonstrated his or her competency by examination.
(2) The examination shall consist of each of the following:
(A) A licensing examination that is administered on a national
basis.
(B) A California state board examination.
(C) An examination concerning those statutes and regulations of
the Veterinary Medicine Practice Act administered by the
board dep artment . The examination
shall be administered by mail and provided to applicants within 10 to
20 days of eligibility determination. The board
department shall have 10 to 20 days from the date of
receipt to process the examination and provide candidates with the
results of the examination. The applicant shall certify that he or
she personally completed the examination. Any false statement is a
violation subject to Section 4831. University of California and
Western University of Health Sciences veterinary medical students who
have successfully completed a board
department approved course on veterinary law and ethics
covering the Veterinary Medicine Practice Act shall be exempt from
this provision.
(3) The examinations may be given at the same time or at different
times as determined by the board department
. For examination purposes, the board
department may make contractual arrangements on a sole source
basis with organizations furnishing examination material as it may
deem desirable and shall be exempt from Section 10115 of the Public
Contract Code.
(4) The licensing examination may be waived by the board
department in any case in which it determines
that the applicant has taken and passed an examination for licensure
in another state substantially equivalent in scope and subject matter
to the licensing examination last given in California before the
determination is made, and has achieved a score on the out-of-state
examination at least equal to the score required to pass the
licensing examination administered in California.
(5) Nothing in this chapter shall preclude the board
department from permitting a person who has
completed a portion of his or her educational program, as determined
by the board department , in a
veterinary college recognized by the board
department under Section 4846 to take any examination or any
part thereof prior to satisfying the requirements for application for
a license established by
Section 4846.
(b) The board department shall waive
the examination requirements of subdivision (a), and issue a
temporary license valid for one year to an applicant to practice
veterinary medicine under the supervision of another licensed
California veterinarian in good standing if the applicant meets all
of the following requirements and would not be denied issuance of a
license by any other provision of this code:
(1) The applicant holds a current valid license in good standing
in another state, Canadian province, or United States territory and
has practiced clinical veterinary medicine for a minimum of four
years full time within the five years immediately preceding filing an
application for licensure in this state. Experience obtained while
participating in an American Veterinary Medical Association (AVMA)
accredited institution's internship, residency, or specialty
board department training program shall be
valid for meeting the minimum experience requirement.
The term "in good standing" means that an applicant under this
section:
(A) Is not currently under investigation nor has been charged with
an offense for any act substantially related to the practice of
veterinary medicine by any public agency, nor entered into any
consent agreement or subject to an administrative decision that
contains conditions placed by an agency upon an applicant's
professional conduct or practice, including any voluntary surrender
of license, nor been the subject of an adverse judgment resulting
from the practice of veterinary medicine that the board
department determines constitutes evidence of a
pattern of incompetence or negligence.
(B) Has no physical or mental impairment related to drugs or
alcohol, and has not been found mentally incompetent by a physician
so that the applicant is unable to undertake the practice of
veterinary medicine in a manner consistent with the safety of a
patient or the public.
(2) At the time of original licensure, the applicant passed the
national licensing requirement in veterinary science with a passing
score or scores on the examination or examinations equal to or
greater than the passing score required to pass the national
licensing examination or examinations administered in this state.
(3) The applicant has either graduated from a veterinary college
recognized by the board department
under Section 4846 or possesses a certificate issued by the
Educational Commission for Foreign Veterinary Graduates (ECFVG).
(4) The applicant passes an examination concerning the statutes
and regulations of the Veterinary Medicine Practice Act, administered
by the board department , pursuant to
subparagraph (C) of paragraph (2) of subdivision (a).
(5) The applicant agrees to complete an approved educational
curriculum on regionally specific and important diseases and
conditions during the period of temporary licensure. The
board department , in consultation with the
California Veterinary Medical Association (CVMA), shall approve
educational curricula that cover appropriate regionally specific and
important diseases and conditions that are common in California. The
curricula shall focus on small and large animal diseases consistent
with the current proportion of small and large animal veterinarians
practicing in the state. The approved curriculum shall not exceed 30
hours of educational time. The board
department shall approve a curriculum as soon as practical, but
not later than June 1, 1999. The approved curriculum may be offered
by multiple providers so that it is widely accessible to candidates
licensed under this subdivision.
(c) Upon receipt of acknowledgment of successful completion of
the requirements set forth in subdivision (b), the board
department shall issue a license to the
applicant. Any applicant who does not meet the requirements of
subdivision (b) shall take a California state board examination as
specified in subparagraph (B) of paragraph (2) of subdivision (a).
(d) The board department , in its
discretion, may extend the expiration date of a temporary license
issued pursuant to subdivision (b) for not more than one year for
reasons of health, military service, or undue hardship. An
application for an extension shall be submitted on a form provided by
the board department .
SEC. 300. Section 4848.3 of the
Business and Professions Code is amended to read:
4848.3. (a) The board department
shall issue a temporary license valid for one year to an applicant
accepted into a qualifying internship or residency program that meets
all of the following requirements:
(1) Program participants have either graduated from a veterinary
college recognized by the board department
under Section 4846 or possess a certificate issued by the
Educational Commission for Foreign Veterinary Graduates, and hold a
current valid license in good standing in another state, Canadian
province, or United States territory.
(2) Program participants are under the direct supervision of a
board-certified department-certified
California-licensed veterinarian in good standing.
(3) Two or more board-certified
department-certified specialists are on the staff of the
veterinary practice.
(4) The program undergoes annual evaluation and is approved by one
or more existing organizations officially recognized for that
purpose by the board department . The
board department shall designate one or
more organizations for this purpose no later than January 31, 1999,
and the evaluation and approval process shall begin no later than
March 1, 1999.
(b) The temporary license issued pursuant to this section shall
only be valid for activities performed in the course of, and
incidental to, a qualifying internship or residency program.
SEC. 301. Section 4849 of the Business
and Professions Code is amended to read:
4849. The complete examination shall be given at least once each
year. It shall include all such subjects as are ordinarily included
in the curricula of veterinary colleges in good standing and may
include such other subjects as the board
department may by rule authorize and direct.
SEC. 302. Section 4852 of the Business
and Professions Code is amended to read:
4852. Every person holding a license issued under this chapter
who changes his or her mailing address shall notify the
board department of his or her new mailing
address within 30 days of the change. The board
department shall not renew the license of any person who
fails to comply with this section unless the person pays the penalty
fee prescribed in Section 4905. An applicant for the renewal of a
license shall specify in his or her application whether he or she has
changed his or her mailing address and the board
department may accept that statement as evidence of the
fact.
SEC. 303. Section 4853 of the Business
and Professions Code is amended to read:
4853. (a) All premises where veterinary medicine, veterinary
dentistry, veterinary surgery, and the various branches thereof is
being practiced shall be registered with the board
department . The certificate of registration shall be on
a form prescribed in accordance with Section 164.
(b) "Premises" for the purpose of this chapter shall include a
building, kennel, mobile unit, or vehicle. Mobile units and vehicles
shall be exempted from independent registration with the
board department when they are operated from a
building or facility which is the licensee manager's principal place
of business and the building is registered with the board
department , and the registration identifies and
declares the use of the mobile unit or vehicle.
(c) Every application for registration of veterinary premises
shall set forth in the application the name of the responsible
licensee manager who is to act for and on behalf of the licensed
premises. Substitution of the responsible licensee manager may be
accomplished by application to the board
department if the following conditions are met:
(1) The person substituted qualifies by presenting satisfactory
evidence that he or she possesses a valid, unexpired, and unrevoked
license as provided by this chapter and that the license is not
currently under suspension.
(2) No circumvention of the law is contemplated by the
substitution.
SEC. 304. Section 4853.1 of the
Business and Professions Code is amended to read:
4853.1. (a) Each application to register a premise pursuant to
Section 4853 shall be made on a form provided by the board
department . An application for renewal of that
registration shall be made annually.
(b) The application shall contain a statement to the effect that
the applicant has not been convicted of a felony, has not been the
subject of professional disciplinary action taken by any public
agency in California or any other state or territory, and has not
violated any of the provisions of this chapter. If the applicant is
unable to make that statement, the application shall contain a
statement of the conviction, professional discipline, or violation.
(c) The board department may, as
part of the renewal process, make necessary inquiries of the
applicant and conduct an investigation in order to determine if cause
for disciplinary action exists.
SEC. 305. Section 4853.5 of the
Business and Professions Code is amended to read:
4853.5. When it has been adjudicated in an administrative hearing
that the licensee manager has failed to keep the premises and all
equipment therein in a clean and sanitary condition as provided for
in subdivision (h) of Section 4883, or is in violation of any of the
provisions of Section 4854, the board
department may withhold, suspend, or revoke the registration of
veterinary premises, or assess a fine of not less than fifty dollars
($50) nor more than five hundred dollars ($500) per day until such
violation has been rectified, or by both such suspension and fine.
The total amount of any fine assessed pursuant to this section shall
not exceed five thousand dollars ($5,000).
SEC. 306. Section 4853.6 of the
Business and Professions Code is amended to read:
4853.6. The board department shall
withhold, suspend , or revoke registration of veterinary
premises:
(a) When the licensee manager set forth in the application in
accordance with Section 4853 ceases to become responsible for
management of the registered premises and no substitution of the
responsible licensee manager has been made by application as provided
for in Section 4853.
(b) When the licensee manager has, under proceedings conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, the license to
practice veterinary medicine, surgery, and dentistry revoked or
suspended.
SEC. 307. Section 4854 of the Business
and Professions Code is amended to read:
4854. All premises where veterinary medicine, veterinary
dentistry, or veterinary surgery is being practiced, and all
instruments, apparatus , and apparel used in connection
with those practices, shall be kept clean and sanitary at all times,
and shall conform to those minimum standards established by the
board department .
SEC. 308. Section 4855 of the Business
and Professions Code is amended to read:
4855. A veterinarian subject to the provisions of this chapter
shall, as required by regulation of the board
department , keep a written record of all animals receiving
veterinary services, and provide a summary of that record to the
owner of animals receiving veterinary services, when requested. The
minimum amount of information which shall be included in written
records and summaries shall be established by the board
department . The minimum duration of time for
which a licensed premise shall retain the written record or a
complete copy of the written record shall be determined by the
board department .
SEC. 309. Section 4856 of the Business
and Professions Code is amended to read:
4856. (a) All records required by law to be kept by a
veterinarian subject to this chapter, including, but not limited to,
records pertaining to diagnosis and treatment of animals and records
pertaining to drugs or devices for use on animals, shall be open to
inspection by the board department , or
its authorized representatives, during an inspection as part of a
regular inspection program by the board
department , or during an investigation initiated in response
to a complaint that a licensee has violated any law or regulation
that constitutes grounds for disciplinary action by the
board department . A copy of all those records
shall be provided to the board department
immediately upon request.
(b) Equipment and drugs on the premises, or any other place, where
veterinary medicine, veterinary dentistry, veterinary surgery, or
the various branches thereof is being practiced, or otherwise in the
possession of a veterinarian for purposes of that practice, shall be
open to inspection by the board department
, or its authorized representatives, during an inspection as
part of a regular inspection program by the board
department , or during an investigation initiated in
response to a complaint that a licensee has violated any law or
regulation that constitutes grounds for disciplinary action by the
board department .
SEC. 310. Section 4860 of the Business
and Professions Code is amended to read:
4860. It is the intent of the Legislature that the
Veterinary Medical Board department seek ways
and means to identify and rehabilitate veterinarians and registered
veterinary technicians with impairment due to abuse of dangerous
drugs or alcohol, affecting competency so that veterinarians and
registered veterinary technicians so afflicted may be treated and
returned to the practice of veterinary medicine in a manner that will
not endanger the public health and safety.
SEC. 311. Section 4861 of the Business
and Professions Code is amended to read:
4861. One or more diversion evaluation committees is hereby
authorized to be established by the board
department . Each diversion evaluation committee shall be
composed of five persons appointed by the board
department .
Each diversion evaluation committee shall have the following
composition:
(a) Three veterinarians licensed under this chapter. The
board department in making its appointments
shall give consideration to recommendations of veterinary
associations and local veterinary societies and shall consider, among
others, where appropriate, the appointment of veterinarians who have
recovered from impairment or who have knowledge and expertise in the
management of impairment.
(b) Two public members.
Each person appointed to a diversion evaluation committee shall
have experience or knowledge in the evaluation or management of
persons who are impaired due to alchohol
alcohol or drug abuse.
It shall require the majority vote of the board to appoint a
person to a diversion evaluation committee. Each
Each appointment shall be at the pleasure of the
board department for a term not to
exceed four years. In its discretion the board
department may stagger the terms of the initial members
appointed.
The board department may appoint a
program director and other personnel as necessary to carry out
provisions of this article.
SEC. 312. Section 4865 of the Business
and Professions Code is amended to read:
4865. The board department shall
administer the provisions of this article.
SEC. 313. Section 4866 of the Business
and Professions Code is amended to read:
4866. (a) The board department
shall establish criteria for the acceptance, denial, or termination
of veterinarians and animal health technicians in a diversion
program. Only those veterinarians and animal health technicians who
have voluntarily requested diversion treatment and supervision by a
diversion evaluation committee shall participate in a program.
(b) The board department shall
establish criteria for the selection of administrative physicians who
shall examine veterinarians and animal health technicians requesting
diversion under a program. Any reports made under this article by
the administrative physician shall constitute an exception to
Sections 994 and 995 of the Evidence Code.
(c) The diversion program may accept no more than 100 participants
who are licensees of the board department
.
SEC. 314. Section 4868 of the Business
and Professions Code is amended to read:
4868. Each diversion evaluation committee shall have the
following duties and responsibilities:
(a) To evaluate those veterinarians and animal health technicians
who request participation in the program according to the guidelines
prescribed by the board department and
to consider the recommendation of the administrative physician on the
admission of the veterinarian or animal health technician to the
diversion program.
(b) To review and designate those treatment facilities to which
veterinarians and animal health technicians in a diversion program
may be referred.
(c) To receive and review information concerning veterinarians and
animal health technicians participating in the program.
(d) To call meetings as necessary to consider the requests of
veterinarians and animal health technicians to participate in a
diversion program, and to consider reports regarding veterinarians
and animal health technicians participating in a program from an
administrative physician, or from others.
(e) To consider in the case of each veterinarian and animal health
technician participating in a program whether he or she may with
safety continue or resume the practice of veterinary medicine or the
assisting in the practice of veterinary medicine.
(f) To set forth in writing for each veterinarian and animal
health technician participating in a program a treatment program
established for each such veterinarian and animal health technician
with the requirements for supervision and surveillance.
(g) To hold a general meeting at least twice a year, which shall
be open and public, to evaluate the program's progress, to review
data as required in reports to the board
department , to prepare reports to be submitted to the
board department , and to suggest proposals for
changes in the diversion program.
SEC. 315. Section 4871 of the Business
and Professions Code is amended to read:
4871. (a) After a diversion evaluation committee in its
discretion has determined that a veterinarian or animal health
technician has been rehabilitated and the diversion program is
completed, the diversion evaluation committee shall purge and destroy
all records pertaining to the veterinarian's or animal health
technician's participation in a diversion program.
(b) All board department and
diversion evaluation committee records and records of proceedings
pertaining to the treatment of a veterinarian or animal health
technician in a program shall be kept confidential and are not
subject to discovery or subpoena.
SEC. 316. Section 4872 of the
Business and Professions Code is amended to read:
4872. The board department shall
provide for the representation of any persons making reports to a
diversion evaluation committee or the board
department under this article in any action for defamation.
SEC. 317. Section 4873 of the Business
and Professions Code is amended to read:
4873. The board department shall
charge each veterinarian and animal health technician who is accepted
to participate in the diversion program a diversion program
registration fee. The diversion program registration fee shall be set
by the board department in an amount
not to exceed sixteen hundred dollars ($1,600). In the event that the
diversion program registration exceeds two hundred dollars ($200),
the board department may provide for
quarterly payments.
SEC. 318. Section 4875 of the Business
and Professions Code is amended to read:
4875. The board department may
revoke or suspend for a certain time the license of any person to
practice veterinary medicine or any branch thereof in this state
after notice and hearing for any of the causes provided in this
article. In addition to its authority to suspend or revoke a license,
the board department shall have the
authority to assess a fine not in excess of five thousand dollars
($5,000) against a licensee for any of the causes specified in
Section 4883. A fine may be assessed in lieu of or in addition to a
suspension or revocation. The proceedings under this article shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the board department shall have all the
powers granted therein. Notwithstanding the provisions of Section
4903, all fines collected pursuant to this section shall be deposited
to the credit of the Veterinary Medical Board Contingent Fund.
SEC. 319. Section 4875.2 of the
Business and Professions Code is amended to read:
4875.2. If, upon completion of an investigation, the executive
officer has probable cause to believe that a veterinarian or an
unlicensed person acting as a veterinarian has violated provisions of
this chapter, he or she may issue a citation to the veterinarian or
unlicensed person, as provided in this section. Each citation shall
be in writing and shall describe with particularity the nature of the
violation, including a reference to the provision of this chapter
alleged to have been violated. In addition, each citation may contain
an order of abatement fixing a reasonable time for abatement of the
violation, and may contain an assessment of a civil penalty. The
citation shall be served upon the veterinarian or unlicensed
individual personally or by any type of mailing requiring a return
receipt. Before any citation may be issued, the executive officer
shall submit the alleged violation for review and investigation to at
least one designee of the board department
who is a veterinarian licensed in or employed by the state. The
review shall include attempts to contact the veterinarian or
unlicensed person to discuss and resolve the alleged violation. Upon
conclusion of the board department
designee's review, the designee shall prepare a finding of fact and a
recommendation. If the board department
designee concludes that probable cause exists that the
veterinarian or unlicensed person has violated any provisions of this
chapter, a civil citation shall be issued to the veterinarian or
unlicensed person.
SEC. 320. Section 4875.4 of the
Business and Professions Code is amended to read:
4875.4. (a) The board department
shall, in the manner prescribed in Section 4808, adopt regulations
covering the assessment of civil penalties under this article which
give due consideration to the appropriateness of the penalty with
respect to the following factors:
(1) The gravity of the violation.
(2) The good faith of the person being charged.
(3) The history of previous violations.
(b) In no event shall the civil penalty for each citation issued
be assessed in an amount greater than five thousand dollars ($5,000).
(c) Regulations adopted by the board
department shall be pursuant to the procedures for citations
and fines in accordance with Section 125.9.
SEC. 321. Section 4875.6 of the
Business and Professions Code is amended to read:
4875.6. (a) If a veterinarian or an unlicensed person desires to
administratively contest a civil citation or the proposed assessment
of a civil penalty therefor, he or she shall, within 10 business days
after receipt of the citation, notify the executive officer in
writing of his or her request for an informal conference with the
executive officer or his or her designee. The executive officer or
his or her designee shall hold, within 60 days from the receipt of
the request, an informal conference. At the conclusion of the
informal conference, the executive officer may affirm, modify, or
dismiss the citation or proposed assessment of a civil penalty, and
he or she shall state with particularity in writing his or her
reasons for the action, and shall immediately transmit a copy thereof
to the board department , the
veterinarian or unlicensed person, and the person who submitted the
verified complaint. If the veterinarian or unlicensed person desires
to administratively contest under subdivision (c) a decision made
after the informal conference, he or she shall inform the executive
officer in writing within 30 calendar days after he or she receives
the decision resulting from the informal conference.
If the veterinarian or unlicensed person fails to notify the
executive officer in writing that he or she intends to contest the
citation or the proposed assessment of a civil penalty therefor or
the decision made after an informal conference within the time
specified in this subdivision, the citation or the proposed
assessment of a civil penalty or the decision made after an informal
conference shall be deemed a final order of the board
department and shall not be subject to further
administrative review.
Notwithstanding any other provision of law, where a fine is paid
to satisfy an assessment based on the finding of a violation, payment
of the fine shall be represented as satisfactory resolution of the
matter for purposes of public disclosure.
(b) A veterinarian or an unlicensed person may, in lieu of
contesting a citation pursuant to this section, transmit to the
board department the amount assessed in
the citation as a civil penalty, within 10 business days after
receipt of the citation. An unlicensed person may notify the
board department and file a petition for a writ
of administrative mandamus under Section 1094.5 of the Code of Civil
Procedure within 30 calendar days after receipt of the citation,
without engaging in an informal conference or administrative hearing.
If a petition is not filed pursuant to this section, payment of any
fine shall not constitute an admission of
the violation charged.
(c) If a veterinarian or an unlicensed person has notified the
executive officer that he or she intends to administratively contest
the decision made after the informal conference, the executive
officer shall forward the matter to the Attorney General's office who
shall prepare a notice of appeal of the citation and civil penalty.
After the hearing, the board department
and administrative law judge shall issue a decision, based on
findings of fact, affirming, modifying, or vacating the citation, or
directing other appropriate relief which shall include, but need not
be limited to, a notice that the failure of a veterinarian or
unlicensed person to comply with any provision of the board'
s department's decision constitutes grounds for
suspension, or denial of licensure, or both. The administrative
proceedings under this section shall be conducted in accordance with
the Administrative Procedure Act (Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code),
and the board department shall have all
the powers granted therein.
(d) After the exhaustion of the review procedures provided for in
this section or if the time for all appeals has passed, the
board department may bring an action in the
appropriate court in the county in which the offense occurred to
recover the civil penalty and obtain an order compelling the cited
person to comply with the order of abatement. In that action, the
complaint shall include a certified copy of the final order of the
board department , together with the
factual findings and determinations of the board
department and administrative law judge. The findings
shall be prima facie evidence of the facts stated therein, and in the
absence of contrary evidence may serve as the basis for the issuance
of the judgment and order.
(e) Failure of a licensee to pay a civil penalty within 30 days of
the date of receipt of the assessment, unless the citation is being
appealed, may result in disciplinary action being taken by the
board department . When a citation is
not contested and a civil penalty is not paid, the full amount of the
assessed civil penalty shall be added to the fee for renewal of the
license. A license shall not be renewed without payment of the
renewal fee and civil penalty.
(f) Any civil penalties received under this chapter shall be
deposited in the Veterinary Medical Board Contingent Fund.
SEC. 322. Section 4876 of the Business
and Professions Code is amended to read:
4876. In addition to its authority to suspend or revoke a
license, or assess a fine of a person licensed under this chapter,
the board department shall have the
authority to place a licensee on probation. The authority of the
board department to discipline by
placing the licensee on probation shall include, but is not limited
to, the following:
(a) Requiring the licensee to complete a course of study or
service, or both, as prescribed by the board
department , and to demonstrate renewed competence to the
satisfaction of the board department .
(b) Requiring the licensee to submit to a complete diagnostic
examination by one or more physicians appointed by the board
department . If the board
department requires a licensee to submit to such an
examination, the board department shall
receive and consider any other report of a complete diagnostic
examination given by one or more physicians of the licensee's choice.
(c) Restricting or limiting the extent, scope, or type of practice
of the licensee.
SEC. 323. Section 4881 of the Business
and Professions Code is amended to read:
4881. The executive officer in all cases of suspension,
revocation, or restriction of licenses or assessment of fines shall
enter on the register the fact of suspension, revocation,
restriction, or fine, as the case may be. The record of any
suspension, revocation, restriction, or fine so made by the county
clerks shall be prima facie evidence of the fact thereof, and of the
regularity of all the proceedings of the board
department in the matter of the suspension, revocation,
restriction, or fine.
SEC. 324. Section 4883 of the Business
and Professions Code is amended to read:
4883. The board department may
deny, revoke, or suspend a license or assess a fine as provided in
Section 4875 for any of the following:
(a) Conviction of a crime substantially related to the
qualifications, functions, or duties of veterinary medicine, surgery,
or dentistry, in which case the record of the conviction shall be
conclusive evidence.
(b) For having professional connection with, or lending one's name
to, any illegal practitioner of veterinary medicine and the various
branches thereof.
(c) Violation or attempting to violate, directly or indirectly,
any of the provisions of this chapter.
(d) Fraud or dishonesty in applying, treating, or reporting on
tuberculin or other biological tests.
(e) Employment of anyone but a veterinarian licensed in the state
to demonstrate the use of biologics in the treatment of animals.
(f) False or misleading advertising.
(g) Unprofessional conduct, that includes, but is not limited to,
the following:
(1) Conviction of a charge of violating any federal statutes or
rules or any statute or rule of this state regulating dangerous drugs
or controlled substances. The record of the conviction is conclusive
evidence thereof. A plea or verdict of guilty or a conviction
following a plea of nolo contendere is deemed to be a conviction
within the meaning of this section. The board
department may order the license suspended or revoked, or
assess a fine, or decline to issue a license, when the time for
appeal has elapsed, or the judgment of conviction has been affirmed
on appeal or when an order granting probation is made suspending the
imposition of sentence, irrespective of a subsequent order under
Section 1203.4 of the Penal Code allowing the person to withdraw his
or her plea of guilty and to enter a plea of not guilty, or setting
aside the verdict of guilty, or dismissing the accusation,
information or indictment.
(2) (A) The use of or prescribing for or administering to himself
or herself, any controlled substance.
(B) The use of any of the dangerous drugs specified in Section
4022, or of alcoholic beverages to the extent, or in any manner as to
be dangerous or injurious to a person licensed under this chapter,
or to any other person or to the public, or to the extent that the
use impairs the ability of the person so licensed to conduct with
safety the practice authorized by the license.
(C) The conviction of more than one misdemeanor or any felony
involving the use, consumption, or self-administration of any of the
substances referred to in this section or any combination thereof,
and the record of the conviction is conclusive evidence.
A plea or verdict of guilty or a conviction following a plea of
nolo contendere is deemed to be a conviction within the meaning of
this section. The board department may
order the license suspended or revoked or assess a fine, or may
decline to issue a license, when the time for appeal has elapsed or
the judgment of conviction has been affirmed on appeal or when an
order granting probation is made suspending imposition of sentence,
irrespective of a subsequent order under Section 1203.4 of the Penal
Code allowing the person to withdraw his or her plea of guilty and to
enter a plea of not guilty, or setting aside the verdict of guilty,
or dismissing the accusation, information, or indictment.
(3) A violation of any federal statute, rule, or regulation or any
of the statutes, rules, or regulations of this state regulating
dangerous drugs or controlled substances.
(h) Failure to keep one's premises and all equipment therein in a
clean and sanitary condition.
(i) Fraud, deception, negligence, or incompetence in the practice
of veterinary medicine.
(j) Aiding or abetting in any acts that are in violation of any of
the provisions of this chapter.
(k) The employment of fraud, misrepresentation, or deception in
obtaining the license.
() The revocation, suspension, or other discipline by another
state or territory of a license or certificate to practice veterinary
medicine in that state or territory.
(m) Cruelty to animals, conviction on a charge of cruelty to
animals, or both.
(n) Disciplinary action taken by any public agency in any state or
territory for any act substantially related to the practice of
veterinary medicine.
(o) Violation, or the assisting or abetting violation, of any
regulations adopted by the board department
pursuant to this chapter.
SEC. 325. Section 4885 of the Business
and Professions Code is amended to read:
4885. A plea or verdict of guilty or a conviction following a
plea of nolo contendere made to a charge of a felony or of any
offense related to the practice of veterinary medicine is deemed to
be a conviction within the meaning of this article. The
board department may order the license suspended
or revoked, or assess a fine as provided in Section 4883 or may
decline to issue a license, when the time for appeal has elapsed, or
the judgment of conviction has been affirmed on appeal or when an
order granting probation is made suspending the imposition of
sentence, irrespective of a subsequent order under the provisions of
Section 1203.4 of the Penal Code allowing such person to withdraw his
or her plea of guilty and to enter a plea of not guilty,
or setting aside the verdict of guilty, or dismissing the accusation,
information or indictment.
SEC. 326. Section 4886 of the Business
and Professions Code is amended to read:
4886. In reinstating a license which has been revoked or
suspended under Section 4883, the board
department may impose terms and conditions to be followed by the
licensee after the certificate has been reinstated. The authority of
the board department to impose terms
and conditions includes, but is not limited to, the following:
(a) Requiring the licensee to obtain additional professional
training and to pass an examination upon completion of the training.
(b) Requiring the licensee to pass an oral, written, practical
, or clinical examination, or any combination thereof to
determine his or her present fitness to engage in the practice of
veterinary medicine.
(c) Requiring the licensee to submit to a complete diagnostic
examination by one or more physicians appointed by the board
department . If the board
department requires the licensee to submit to such an
examination, the board department shall
receive and consider any other report of a complete diagnostic
examination given by one or more physicians of the licensee's choice.
(d) Restricting or limiting the extent, scope, or type of practice
of the licensee.
SEC. 327. Section 4887 of the Business
and Professions Code is amended to read:
4887. A person whose license has been revoked or who has been
placed on probation may petition the board
department for reinstatement or modification of penalty
including modification or termination of probation after a period of
not less than one year has elapsed from the effective date of the
decision ordering such disciplinary action. The petition shall state
such facts as may be required by the board
department .
The petition shall be accompanied by at least two verified
recommendations from veterinarians licensed by the board
department who have personal knowledge of the
activities of the petitioner since the disciplinary penalty was
imposed. The petition shall be heard by the board
department . The board department
may consider all activities of the petitioner since the
discipinary disciplinary action was
taken, the offense for which the petitioner was disciplined, the
petitioner's activities since the certificate was in good standing,
and the petitioner's rehabilitation efforts, general reputation for
truth, and professional ability. The hearing may be continued from
time to time as the board department
finds necessary.
The board department reinstating the
license or modifying a penalty may impose such terms and conditions
as it determines necessary. To reinstate a revoked certificate or to
otherwise reduce a penalty or modify probation shall require a
vote of four of the members of determination
by the board department .
The petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole. The
board department may deny without a hearing or
argument any petition filed pursuant to this section within a period
of two years from the effective date of the prior decision following
a hearing under this section.
SEC. 328. Section 4900 of the Business
and Professions Code is amended to read:
4900. (a) All veterinary licenses and animal health technician
certificates shall expire at 12 midnight of the last day of the birth
month of the licensee or certificate holder during the second year
of a two-year term if not renewed.
(b) The board department shall
establish by regulation procedures for the administration of a
birthdate renewal program, including, but not limited to, the
establishment of a system of staggered license and certificate
expiration dates and a pro rata formula for the payment of renewal
fees by veterinarians and animal health technicians affected by the
implementation of the program.
(c) To renew an unexpired license or certificate, the licensee or
certificate holder shall, on or before the date of expiration of the
license or certificate, apply for renewal on a form provided by the
board department , accompanied by the
prescribed renewal fee.
(d) Renewal under this section shall be effective on the date on
which the application is filed, on the date on which the renewal fee
is paid, or on the date on which the delinquency fee, if any, is
paid, whichever occurs last. If so renewed, the license or
certificate shall continue in effect through the expiration date
provided in this section which next occurs after the effective date
of the renewal, when it shall expire, if it is not again renewed.
SEC. 329. Section 4901 of the Business
and Professions Code is amended to read:
4901. Except as otherwise provided in this chapter, an expired
license may be renewed at any time within five years after its
expiration on filing of an application for renewal on a form
prescribed by the board department ,
and payment of all accrued and unpaid renewal fees. If the license is
renewed more than 30 days after its expiration, the licensee, as a
condition precedent to renewal, shall also pay the delinquency fee
prescribed by this chapter. Renewal under this section shall be
effective on the date on which the application is filed, on the date
on which all renewal fees are paid, or on the date on which the
delinquency fee, if any, is paid, whichever last occurs. If so
renewed, the license shall continue in effect through the expiration
date provided in Section 4900 that next occurs after the effective
date of the renewal, when it shall expire if it is not again renewed.
SEC. 330. Section 4902 of the Business
and Professions Code is amended to read:
4902. A person who fails to renew his or her license
within five years after its expiration may not renew it, and it shall
not be restored, reissued, or reinstated thereafter, but such person
may apply for and obtain a new license if:
(a) He or she is not subject to denial of licensure
under Section 480.
(b) He or she takes and passes the examination, if any,
which would be required of him or her if he or she
were then applying for a license for the first time, or
otherwise establishes to the satisfaction of the board
department that, with due regard for the public
interest, he or she is qualified to practice veterinary
medicine, and medicine.
(c) He or she pays all of the fees that would be
required of him or her if he or she were then
applying for the license for the first time.
The board department may, by
regulation, provide for the waiver or refund of all or any part of
the examination fee in those cases in which a license is issued
without an examination pursuant to the provisions of this section.
SEC. 331. Section 4904 of the Business
and Professions Code is amended to read:
4904. All fees collected on behalf of the board
department and all receipts of every kind and
nature shall be reported each month for the month preceding to the
State Controller and at the same time the entire
amount shall be paid into the State Treasury and shall be credited to
the Veterinary Medical Board Contingent Fund. This contingent fund
shall be for the use of the Veterinary Medical Board
department and out of it and not otherwise shall
be paid all expenses of the board department
.
SEC. 332. Section 4905 of the Business
and Professions Code is amended to read:
4905. The following fees shall be collected by the board
department and shall be credited to the
Veterinary Medical Board Contingent Fund:
(a) The fee for filing an application for examination shall be set
by the board department in an amount
it determines is reasonably necessary to provide sufficient funds to
carry out the purpose of this chapter, not to exceed one hundred
dollars ($100).
(b) The fee for the licensing examination shall be set by the
board department in an amount it
determines is reasonably necessary to provide sufficient funds to
carry out the purpose of this chapter, not to exceed three hundred
twenty-five dollars ($325).
(c) The fee for the California state board examination shall be
set by the board department in an
amount it determines is reasonably necessary to provide sufficient
funds to carry out the purpose of this chapter, not to exceed one
hundred fifty dollars ($150).
(d) The fee for the Veterinary Medicine Practice Act examination
shall be set by the board department in
an amount it determines reasonably necessary to provide sufficient
funds to carry out the purpose of this chapter, not to exceed fifty
dollars ($50).
(e) The initial license fee shall be set by the board
department not to exceed two hundred fifty
dollars ($250) except that, if the license is issued less than one
year before the date on which it will expire, then the fee shall be
set by the board department at not to
exceed one hundred twenty-five dollars ($125). The board
department may, by appropriate regulation,
provide for the waiver or refund of the initial license fee where the
license is issued less than 45 days before the date on which it will
expire.
(f) The renewal fee shall be set by the board
department for each biennial renewal period in an amount
it determines is reasonably necessary to provide sufficient funds to
carry out the purpose of this chapter, not to exceed two hundred
fifty dollars ($250).
(g) The temporary license fee shall be set by the board
department in an amount it determines is
reasonably necessary to provide sufficient funds to carry out the
purpose of this chapter, not to exceed one hundred twenty-five
dollars ($125).
(h) The delinquency fee shall be set by the board
department , not to exceed twenty-five dollars
($25).
(i) The fee for issuance of a duplicate license is ten dollars
($10).
(j) The board department may make a
charge for records, transcripts, and other official documents
pertaining to the affairs of the board.
(k) The fee for failure to report a change in the mailing address
is fifteen dollars ($15).
() The initial and annual renewal fees for registration of
veterinary premises shall be set by the board
department in an amount not to exceed one hundred dollars
($100) annually.
(m) If the money transferred from the Veterinary Medical Board
Contingent Fund to the General Fund pursuant to the Budget Act of
1991 is redeposited into the Veterinary Medical Board Contingent
Fund, the fees assessed by the board
department shall be reduced correspondingly. However, the
reduction shall not be so great as to cause the Veterinary Medical
Board Contingent Fund to have a reserve of less than three months of
annual authorized board department
expenditures. The fees set by the board
department shall not result in a Veterinary Medical Board
Contingent Fund reserve of more than 10 months of annual authorized
board department expenditures.
SEC. 333. Section 4916 of the Business
and Professions Code is amended to read:
4916. The board department may
formulate and enforce rules and regulations to carry out the purposes
and the objectives of this article, including rules and regulations
requiring (1) that the articles of incorporation or bylaws of a
veterinary corporation shall include a provision whereby the capital
stock of the corporation owned by a disqualified person (as defined
in Section 13401 of the Corporations Code), or a deceased person,
shall be sold to the corporation or to the remaining shareholders of
the corporation within such time as such rules and regulations may
provide, and (2) that a veterinary corporation shall provide adequate
security by insurance or otherwise for claims against it by its
patients arising out of the rendering of professional services.
SEC. 334. Section 4925 of the Business
and Professions Code is amended to read:
4925. (a) This chapter constitutes the chapter on acupuncture of
the Business and Professions Code.
This chapter shall be known and may be cited as the Acupuncture
Licensure Act. Whenever a reference is made to the Acupuncture
Licensure Act by the provisions of any statute, it is to be construed
as referring to the provisions of this chapter.
(b) Any reference in this chapter, or to the regulations
pertaining thereto, to "certificate" or "certification" shall
hereafter mean "license" or "licensure." Any reference to the term
"certifying" means "licensing," and the term "certificate holder"
means "licensee." Any reference to the "Acupuncture
Committee" or "committee" means the "Acupuncture Board" or
"board." "board" means the Department of
Consumer Affairs.
SEC. 335. Section 4927 of the Business
and Professions Code is amended to read:
4927. As used in this chapter, unless the context otherwise
requires:
(a) "Board" means the Acupuncture "Board"
"Department" means the Department of Consumer Affairs .
(b) "Person" means any individual, organization, or corporate
body, except that only individuals may be licensed under this
chapter.
(c) "Acupuncturist" means an individual to whom a license has been
issued to practice acupuncture pursuant to this chapter, which is in
effect and is not suspended or revoked.
(d) "Acupuncture" means the stimulation of a certain point or
points on or near the surface of the body by the insertion of needles
to prevent or modify the perception of pain or to normalize
physiological functions, including pain control, for the treatment of
certain diseases or dysfunctions of the body and includes the
techniques of electroacupuncture, cupping, and moxibustion.
SEC. 336. Section 4928 of the Business
and Professions Code is amended to read:
4928. The Acupuncture Board, which consists of seven
members, department shall enforce and administer
this chapter. The appointing powers, as described in Section 4929,
may appoint to the board a person who was a member of the prior board
prior to the repeal of that board on January 1, 2006.
This section shall become inoperative on July 1, 2009, and, as of
January 1, 2010, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2010, deletes or extends
the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board
this chapter subject to the review required by Division
1.2 (commencing with Section 473).
SEC. 337. Section 4928.1 of the
Business and Professions Code is amended to read:
4928.1. Protection of the public shall be the highest priority
for the Acupuncture Board department in
exercising its licensing, regulatory, and disciplinary functions.
Whenever the protection of the public is inconsistent with other
interests sought to be promoted, the protection of the public shall
be paramount.
SEC. 338. Section 4929 of the Business
and Professions Code is repealed.
4929. Three members of the board shall be acupuncturists with at
least five years of experience in acupuncture and four members shall
be public members who do not hold a license or certificate as a
physician and surgeon or acupuncturist. The acupuncturist members
shall be appointed to represent a cross section of the cultural
backgrounds of licensed members of the acupuncturist profession.
The Governor shall appoint the three acupuncturist members and two
of the public members. All members appointed to the board by the
Governor shall be subject to confirmation by the Senate. The Senate
Rules Committee and the Speaker of the Assembly shall each appoint a
public member. Any member of the board may be removed by the
appointing power for neglect of duty, misconduct, or malfeasance in
office, after being provided with a written statement of the charges
and an opportunity to be heard.
SEC. 339. Section 4930 of the Business
and Professions Code is repealed.
4930. Each member of the board shall be appointed for a term of
four years.
SEC. 340. Section 4931 of the Business
and Professions Code is repealed.
4931. Each member of the board shall receive per diem and
expenses as provided in Section 103.
SEC. 341. Section 4933 of the Business
and Professions Code is amended to read:
4933.
(a) The board department shall
administer this chapter.
(b) The board department may adopt,
amend, or repeal, in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code), regulations as may be necessary
to enable it to carry into effect the provisions of law relating to
the practice of acupuncture.
(c) Five members of the board shall constitute a quorum to conduct
business.
(d) It shall require an affirmative vote of a majority of those
present at a meeting of the board to take any action or pass any
motion.
SEC. 342. Section 4934 of the Business
and Professions Code is amended to read:
4934. (a) The board, by and with the approval of the
director, department may employ personnel
necessary for the administration of this chapter , and the
board, by and with the approval of the director, may appoint an
executive officer who is exempt from the provisions of the Civil
Service Act .
(b) This section shall become inoperative on July 1, 2009, and, as
of January 1, 2010, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2010, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 343. Section 4934.1 of the
Business and Professions Code is repealed.
4934.1. (a) The Legislature requests the Milton Marks "Little
Hoover" Commission on California State Government Organization and
Economy to conduct a comprehensive analysis consisting of the
following reviews and evaluations and shall report their findings and
recommendations to the Legislature by September 1, 2004:
(1) Review and make recommendations on the scope of practice for
acupuncturists.
(2) Review and make recommendations on the educational
requirements for acupuncturists.
(3) Evaluate the national examination, administered by the
National Certification Commission for Acupuncture and Oriental
Medicine, and make recommendations as to whether or not the national
examination should be offered in California in lieu of, or as part
of, the state examination.
(4) Evaluate and make recommendations on the approval process of
the Accreditation Commission of Acupuncture and Oriental Medicine,
the approval process of the Bureau for Private Postsecondary
Education, and the board's approval process.
(b) The board shall pay for all of the costs associated with the
comprehensive analysis. An amount to pay for all of the costs
associated with the comprehensive analysis, up to two hundred fifty
thousand dollars ($250,000), is hereby appropriated to the board from
the Acupuncture Fund.
SEC. 344. Section 4934.2 of the
Business and Professions Code is repealed.
4934.2. The board shall conduct the following studies and
reviews, and shall report its findings and recommendations to the
department and the Joint Committee on Boards, Commissions, and
Consumer Protection no later that September 1, 2004:
(a) The board shall conduct a comprehensive study of the use of
unlicensed acupuncture assistants and the need to license and
regulate those assistants.
(b) The board shall study and recommend ways to improve the
frequency and consistency of their auditing and the quality and
relevance of their courses.
SEC. 345. Section 4935 of the Business
and Professions Code is amended to read:
4935. (a) (1) It is a misdemeanor, punishable by a fine of not
less than one hundred dollars ($100) and not more than two thousand
five hundred dollars ($2,500), or by imprisonment in a county jail
not exceeding one year, or by both that fine and imprisonment, for
any person who does not hold a current and valid license to practice
acupuncture under this chapter or to hold himself or herself out as
practicing or engaging in the practice of acupuncture.
(2) It is a misdemeanor, punishable by a fine of not less than one
hundred dollars ($100) and not more than two thousand five hundred
dollars ($2,500), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment, for any person to
fraudulently buy, sell, or obtain a license to practice acupuncture,
or to violate the provisions of this chapter.
(b) Notwithstanding any other provision of law, any person, other
than a physician and surgeon, a dentist, or a podiatrist, who is not
licensed under this article but is licensed under Division 2
(commencing with Section 500), who practices acupuncture involving
the application of a needle to the human body, performs any
acupuncture technique or method involving the application of a needle
to the human body, or directs, manages, or supervises another person
in performing acupuncture involving the application of a needle to
the human body is guilty of a misdemeanor.
(c) A person holds himself or herself out as engaging in the
practice of acupuncture by the use of any title or description of
services incorporating the words "acupuncture," "acupuncturist,"
"certified acupuncturist," "licensed acupuncturist," "Asian medicine,"
"oriental medicine," or any combination of those words, phrases, or
abbreviations of those words or phrases, or by representing that he
or she is trained, experienced, or an expert in the field of
acupuncture, Asian medicine, or Chinese medicine.
(d) Subdivision (a) shall not prohibit a person from administering
acupuncture treatment as part of his or her educational training if
he or she:
(1) Is engaged in a course or tutorial program in acupuncture, as
provided in this chapter; or
(2) Is a graduate of a school of acupuncture approved by the
board department and participating in a
postgraduate review course that does not exceed one year in duration
at a school approved by the board department
.
SEC. 346. Section 4938 of the Business
and Professions Code is amended to read:
4938. The board department shall
issue a license to practice acupuncture to any person who makes an
application and meets the following requirements:
(a) Is at least 18 years of age.
(b) Furnishes satisfactory evidence of completion of one of the
following:
(1) An educational and training program approved by the
board department pursuant to Section 4939.
(2) Satisfactory completion of a tutorial program in the practice
of an acupuncturist which is approved by the board
department .
(3) In the case of an applicant who has completed education and
training outside the United States and Canada, documented educational
training and clinical experience which meets the standards
established pursuant to Sections 4939 and 4941.
(c) Passes a written examination administered by the
board department that tests the applicant's
ability, competency, and knowledge in the practice of an
acupuncturist. The written examination shall be developed by the
Office of Examination Resources of the Department of Consumer
Affairs.
(d) Is not subject to denial pursuant to Division 1.5 (commencing
with Section 475).
(e) Completes a clinical internship training program approved by
the board department . The clinical
internship training program shall not exceed nine months in duration
and shall be located in a clinic in this state, which is approved by
the board department pursuant to
Section 4939. The length of the clinical internship shall depend upon
the grades received in the examination and the clinical training
already satisfactorily completed by the individual prior to taking
the examination. On and after January 1, 1987, individuals with 800
or more hours of documented clinical training shall be deemed to have
met this requirement. The purpose of the clinical internship
training program shall be to assure a minimum level of clinical
competence.
Each applicant who qualifies for a license shall pay, as a
condition precedent to its issuance and in addition to other fees
required, the initial licensure fee.
SEC. 347. Section 4939 of the Business
and Professions Code is amended to read:
4939. (a) On or before January 1, 2004, the board
department shall establish standards for the
approval of schools and colleges offering education and training in
the practice of an acupuncturist, including standards for the faculty
in those schools and colleges and tutorial programs, completion of
which will satisfy the requirements of Section 4938.
(b) Standards for the approval of training programs shall include
a minimum of 3,000 hours of study in curriculum pertaining to the
practice of an acupuncturist. This subdivision shall apply to all
students entering programs on or after January 1, 2005.
(c) Within three years of initial approval by the board
department , each program so approved by the
board department shall receive full
institutional approval under Article 3.5 (commencing with Section
94760) of Chapter 7 of Part 59 of the Education Code in the field of
traditional Asian medicine, or in the case of institutions located
outside of this state, approval by the appropriate governmental
educational authority using standards equivalent to those of Article
3.5 (commencing with Section 94760) of Chapter 7 of Part 59 of the
Education Code, or the board's department's
approval of the program shall automatically lapse.
SEC. 348. Section 4940 of the Business
and Professions Code is amended to read:
4940. (a) The board department
shall establish standards for the approval of tutorial programs for
education and training in the practice of acupuncture, that satisfy
the requirements of Section 4938. The board
department shall also establish standards for the approved
supervising acupuncturists.
(b) An acupuncturist shall be approved to supervise a trainee,
provided the supervisor meets the following conditions:
(1) Is licensed to practice acupuncture in this state and that
license is current, valid, and has not been suspended or revoked or
otherwise subject to disciplinary action.
(2) Has filed an application with the board
department .
(3) Files with the board department
the name of each trainee to be trained or employed and a training
program satisfactory to the board department
.
(4) Does not train or employ more than two acupuncture trainees at
any one time.
(5) Has at least 10 years of experience practicing as an
acupuncturist and has been licensed in this state for at least five
years.
(6) Is found by the board department
to have the knowledge necessary to educate and train the trainee in
the practice of an acupuncturist.
The amendments made to this section at the 1993 portion of the
1993-94 Regular Session of the Legislature shall not affect the
approval of any supervising acupuncturist which has been issued prior
to the effective date of those amendments.
SEC. 349. Section 4941 of the Business
and Professions Code is amended to read:
4941. In reviewing applications for licensure based upon the
completion of a tutorial program in acupuncture, the board
department may provide that credit is granted
for relevant prior training and experience when that training or
experience otherwise meets the standards set by the board
department .
SEC. 350. Section 4944 of the Business
and Professions Code is amended to read:
4944. (a) The board department
shall have the authority to investigate and evaluate each and every
applicant applying for a license to practice acupuncture and to make
the final determination of the admission of the applicant to the
examination, or for the issuance of a license, in conformance with
the provisions of this chapter.
(b) The board department shall
investigate and evaluate each school or college applying for approval
under Section 4939 and may utilize and contract with consultants to
evaluate those training programs.
(c) The board department may
delegate to the executive officer or other
another official of the board
department its authority under this section in routine matters.
SEC. 351. Section 4945 of the Business
and Professions Code , as amended by Section 1
of Chapter 648 of the Statutes of 2000, is amended to read:
4945. (a) The board department
shall establish standards for continuing education for
acupuncturists.
(b) The board department shall
require each acupuncturist to complete 50 hours of continuing
education every two years as a condition for renewal of his or her
license. No more than five hours of continuing education in each
two-year period may be spent on issues unrelated to clinical matters
or the actual provision of health care to patients. A provider of
continuing education shall apply to the board
department for approval to offer continuing education courses
for credit toward this requirement on a form developed by the
board department , shall pay a fee
covering the cost of approval and for the monitoring of the provider
by the board department and shall set
forth the following information on the application:
(1) Course content.
(2) Test criteria.
(3) Hours of continuing education credit requested for the course.
(4) Experience and training of instructors.
(5) Other information as required by the board
department .
(6) That interpreters or bilingual instruction will be made
available, when necessary.
(c) Licensees residing out of state or out of the country shall
comply with the continuing education requirements.
(d) Providers of continuing education shall be monitored by the
board department as determined by the
board department .
(e) If the board department
determines that any acupuncturist has not obtained the required
number of hours of continuing education, it may renew the
acupuncturist's license and require that the deficient hours of
continuing education be made up during the following renewal period
in addition to the current continuing education required for that
period. If any acupuncturist fails to make up the deficient hours and
complete the current requirement of hours of continuing education
during the subsequent renewal period, then his or her license to
practice acupuncture shall not be renewed until all the required
hours are completed and documented to the board
department .
SEC. 352. Section 4945 of the Business
and Professions Code , as amended by Section 15 of Chapter
983 of the Statutes of 1991, is repealed.
4945. (a) The committee shall establish standards for continuing
education for acupuncturists.
(b) The committee shall require each acupuncturist to complete 15
hours of continuing education every year as a condition for renewal
of his or her certificate. A provider of continuing education shall
apply to the committee for approval to offer continuing education
courses for credit toward this requirement on a form developed by the
committee, shall pay a fee covering the cost of approval and for the
monitoring of the provider by the committee and shall set forth the
following information on the application:
(1) Course content.
(2) Test criteria.
(3) Hours of continuing education credit requested for the course.
(4) Experience and training of instructors.
(5) Other information as required by the committee.
(6) That interpreters or bilingual instruction will be made
available, when necessary.
(c) Licensees residing out of state or out of the country shall
comply with the continuing education requirements.
(d) Providers of continuing education shall be monitored by the
committee as determined by the committee.
(e) If the committee determines that any acupuncturist has not
obtained the required number of hours of continuing education, it may
renew the acupuncturist's license and require that the deficient
hours of continuing education be made up during the following renewal
period in addition to the current continuing education required for
that period. If any acupuncturist fails to make up the deficient
hours and complete the current requirement of hours of continuing
education during the subsequent renewal period, then his or her
license to practice acupuncture shall not be renewed until all the
required hours are completed and documented to the committee.
(f) This section shall remain in effect only until January 1,
1996, and shall have no force or effect on or after that date, unless
a later enacted statute, which is enacted before January 1, 1996,
deletes or extends that date.
SEC. 353. Section 4974 of the Business
and Professions Code is amended to read:
4974. The board department shall
report to the Controller at the beginning of each month for the month
preceding the amount and source of all revenue received by it
pursuant to this chapter, and shall pay the entire amount thereof to
the Treasurer for deposit in the Acupuncture Fund, which fund is
created to carry out the provisions of this chapter.
SEC. 354. Section 4979 of the Business
and Professions Code is amended to read:
4979. The board department may
adopt and enforce regulations to carry out the purposes and
objectives of this article, including, but not limited to,
regulations requiring (a) that the bylaws of an acupuncture
corporation shall include a provision whereby the capital stock of
the corporation owned by a disqualified person (as defined in Section
13401 of the Corporations Code), or a deceased person, shall be sold
to the corporation or to the remaining shareholders of the
corporation within the time the regulations may provide, and (b) that
an acupuncture corporation shall provide adequate security by
insurance or otherwise for claims against it by its patients arising
out of the rendering of professional services.
SEC. 355. Section 4980.03 of the
Business and Professions Code is amended to read:
4980.03. (a) "Board," "Director" or
"department" as used in this chapter, means the Board
of Behavioral Sciences Department of Consumer Affairs
and its director. Whenever "Board of Behavioral Sciences" is used in
any law or regulation of this state it shall mean the Department of
Consumer Affairs. Any reference to the executive officer shall be
deemed to be a reference to the director or his or her designee
.
(b) "Intern," as used in this chapter, means an unlicensed person
who has earned his or her master's or doctor's degree qualifying him
or her for licensure and is registered with the board
department .
(c) "Trainee," as used in this chapter, means an unlicensed person
who is currently enrolled in a master's or doctor's degree program,
as specified in Section 4980.40, that is designed to qualify him or
her for licensure under this chapter, and who has completed no less
than 12 semester units or 18 quarter units of coursework in any
qualifying degree program.
(d) "Applicant," as used in this chapter, means an unlicensed
person who has completed a master's or doctoral degree program, as
specified in Section 4980.40, and whose application for registration
as an intern is pending, or an unlicensed person who has completed
the requirements for licensure as specified in this chapter, is no
longer registered with the board department
as an intern, and is currently in the examination process.
(e) "Advertise," as used in this chapter, includes, but is not
limited to, the issuance of any card, sign, or device to any person,
or the causing, permitting, or allowing of any sign or marking on, or
in, any building or structure, or in any newspaper or magazine or in
any directory, or any printed matter whatsoever, with or without any
limiting qualification. It also includes business solicitations
communicated by radio or television broadcasting. Signs within church
buildings or notices in church bulletins mailed to a congregation
shall not be construed as advertising within the meaning of this
chapter.
(f) "Experience," as used in this chapter, means experience in
interpersonal relationships, psychotherapy, marriage and family
therapy, and professional enrichment activities that satisfies the
requirement for licensure as a marriage and family therapist pursuant
to Section 4980.40.
(g) "Supervisor," as used in this chapter, means an individual who
meets all of the following requirements:
(1) Has been licensed by a state regulatory agency for at least
two years as a marriage and family therapist, licensed clinical
social worker, licensed psychologist, or licensed physician certified
in psychiatry by the American Board of Psychiatry and Neurology.
(2) Has not provided therapeutic services to the trainee or
intern.
(3) Has a current and valid license that is not under suspension
or probation.
(4) Complies with supervision requirements established by this
chapter and by board department
regulations.
SEC. 356. Section 4980.07 of the
Business and Professions Code is amended to read:
4980.07. The board department shall
administer the provisions of this chapter.
SEC. 357. Section 4980.30 of the
Business and Professions Code is amended to read:
4980.30. Except as otherwise provided herein, a person desiring
to practice and to advertise the performance of marriage and family
therapy services shall apply to the board
department for a license and shall pay the license fee required
by this chapter.
SEC. 358. Section 4980.34 of the
Business and Professions Code is amended to read:
4980.34. It is the intent of the Legislature that the
board department employ its resources for each
and all of the following functions:
(a) The licensing of marriage and family therapists, clinical
social workers, and educational psychologists.
(b) The development and administration of licensing examinations
and examination procedures, as specified, consistent with prevailing
standards for the validation and use of licensing and certification
tests. Examinations shall measure knowledge and abilities
demonstrably important to the safe, effective practice of the
profession.
(c) Enforcement of laws designed to protect the public from
incompetent, unethical, or unprofessional practitioners.
(d) Consumer education.
SEC. 359. Section 4980.35 of the
Business and Professions Code is amended to read:
4980.35. (a) The Legislature acknowledges that the basic
obligation to provide a complete and accurate application for a
marriage and family therapist license lies with the applicant. At the
same time, the Legislature recognizes that an effort should be made
by the board department to ensure that
persons who enter degree programs and supervisorial training settings
that meet the requirements of this chapter are enabled to discern
the requirements for licensing and to take the examination when they
have completed their educational and experience requirements.
(b) In order that the board department
, the educational institutions, and the supervisors who monitor
the education and experience of applicants for licensure may develop
greater cooperation, the board department
shall do all of the following:
(1) Apply a portion of its limited resources specifically to the
task of communicating information about its activities, the
requirements and qualifications for licensure, and the practice of
marriage and family therapy to the relevant educational institutions,
supervisors, professional associations, applicants, trainees,
interns, and the consuming public.
(2) Develop policies and procedures to assist educational
institutions in meeting the curricula requirements of Section 4980.40
and any regulations adopted pursuant to that section, so that those
educational institutions may better provide assurance to their
students that the curriculum offered to fulfill the educational
requirements for licensure will meet those requirements at the time
of the student's application for licensure.
(3) Notify applicants in the application procedure when
applications are incomplete, inaccurate, or deficient, and inform
applicants of any remediation, reconsideration, or appeal procedures
that may be applicable.
(4) Undertake, or cause to be undertaken, further comprehensive
review, in consultation with educational institutions, professional
associations, supervisors, interns, and trainees, of the supervision
of interns and trainees, which shall include, but not be limited to,
the following, and shall propose regulations regarding the
supervision of interns and trainees which may include, but not be
limited to, the following:
(A) Supervisor qualifications.
(B) Continuing education requirements of supervisors.
(C) Registration or licensing of supervisors, or both.
(D) Responsibilities of supervisors in general.
(E) The board's department's
authority in cases of noncompliance or negligence by supervisors.
(F) The intern's and trainee's need for guidance in selecting
well-balanced and high quality professional training opportunities
within his or her community.
(G) The role of the supervisor in advising and encouraging his or
her intern or trainee regarding the necessity or value and
appropriateness of the intern or trainee engaging in personal
psychotherapy, so as to enable the intern or trainee to become a more
competent marriage and family therapist.
SEC. 360. Section 4980.38 of the
Business and Professions Code is amended to read:
4980.38. (a) Each educational institution preparing applicants to
qualify for licensure shall notify each of its students by means of
its public documents or otherwise in writing that its degree program
is designed to meet the requirements
of Sections 4980.37 and 4980.40, and shall certify
to the board department that it has so
notified its students.
(b) In addition to all of the other requirements for licensure,
each applicant shall submit to the board
department a certification by the chief academic officer, or
his or her designee, of the applicant's educational institution that
the applicant has fulfilled the requirements enumerated in Sections
4980.37 and 4980.40, and subdivisions (d) and (e) of Section 4980.41.
SEC. 361. Section 4980.39 of the
Business and Professions Code is amended to read:
4980.39. (a) Any applicant for licensure as a marriage and family
therapist who began graduate study on or after January 1, 2004,
shall complete, as a condition of licensure, a minimum of 10 contact
hours of coursework in aging and long-term care, which could include,
but is not limited to, the biological, social, and psychological
aspects of aging.
(b) Coursework taken in fulfillment of other educational
requirements for licensure pursuant to this chapter, or in a separate
course of study, may, at the discretion of the board
department , fulfill the requirements of this
section.
(c) In order to satisfy the coursework requirement of this
section, the applicant shall submit to the board
department a certification from the chief academic officer
of the educational institution from which the applicant graduated
stating that the coursework required by this section is included
within the institution's required curriculum for graduation, or
within the coursework, that was completed by the applicant.
(d) The board department shall not
issue a license to the applicant until the applicant has met the
requirements of this section.
SEC. 362. Section 4980.395 of the
Business and Professions Code is amended to read:
4980.395. (a) A licensee who began graduate study prior to
January 1, 2004, shall complete a three-hour continuing education
course in aging and long-term care during his or her first renewal
period after the operative date of this section and shall submit to
the board department evidence,
acceptable to the board department , of
the person's satisfactory completion of the course.
(b) The course shall include, but is not limited to, the
biological, social, and psychological aspects of aging.
(c) A person seeking to meet the requirements of subdivision (a)
of this section may submit to the board
department a certificate evidencing completion of equivalent
courses in aging and long-term care taken prior to the operative date
of this section, or proof of equivalent teaching or practice
experience. The board department , in
its discretion, may accept that certification as meeting the
requirements of this section.
(d) The board department may not
renew an applicant's license until the applicant has met the
requirements of this section.
(e) Continuing education courses taken pursuant to this section
shall be applied to the 36 hours of approved continuing education
required in Section 4980.54.
(f) This section shall become operative on January 1, 2005.
SEC. 363. Section 4980.40 of the
Business and Professions Code is amended to read:
4980.40. To qualify for a license, an applicant shall have all
the following qualifications:
(a) Applicants shall possess a doctor's or master's degree in
marriage, family, and child counseling, marital and family therapy,
psychology, clinical psychology, counseling psychology, or counseling
with an emphasis in either marriage, family, and child counseling or
marriage and family therapy, obtained from a school, college, or
university accredited by the Western Association of Schools and
Colleges, or approved by the Bureau for Private Postsecondary and
Vocational Education. The board department
has the authority to make the final determination as to whether
a degree meets all requirements, including, but not limited to,
course requirements, regardless of accreditation or approval. In
order to qualify for licensure pursuant to this subdivision, a doctor'
s or master's degree program shall be a single, integrated program
primarily designed to train marriage and family therapists and shall
contain no less than 48 semester or 72 quarter units of instruction.
The instruction shall include no less than 12 semester units or 18
quarter units of coursework in the areas of marriage, family, and
child counseling, and marital and family systems approaches to
treatment.
The coursework shall include all of the following areas:
(1) The salient theories of a variety of psychotherapeutic
orientations directly related to marriage and family therapy, and
marital and family systems approaches to treatment.
(2) Theories of marriage and family therapy and how they can be
utilized in order to intervene therapeutically with couples,
families, adults, children, and groups.
(3) Developmental issues and life events from infancy to old age
and their effect upon individuals, couples, and family relationships.
This may include coursework that focuses on specific family life
events and the psychological, psychotherapeutic, and health
implications that arise within couples and families, including, but
not limited to, childbirth, child rearing, childhood, adolescence,
adulthood, marriage, divorce, blended families, stepparenting, and
geropsychology.
(4) A variety of approaches to the treatment of children.
The board department shall, by
regulation, set forth the subjects of instruction required in this
subdivision.
(b) (1) In addition to the 12 semester or 18 quarter units of
coursework specified above, the doctor's or master's degree program
shall contain not less than six semester or nine quarter units of
supervised practicum in applied psychotherapeutic techniques,
assessment, diagnosis, prognosis, and treatment of premarital,
couple, family, and child relationships, including dysfunctions,
healthy functioning, health promotion, and illness prevention, in a
supervised clinical placement that provides supervised fieldwork
experience within the scope of practice of a marriage and family
therapist.
(2) For applicants who enrolled in a degree program on or after
January 1, 1995, the practicum shall include a minimum of 150 hours
of face-to-face experience counseling individuals, couples, families,
or groups.
(3) The practicum hours shall be considered as part of the 48
semester or 72 quarter unit requirement.
(c) As an alternative to meeting the qualifications specified in
subdivision (a), the board department
shall accept as equivalent degrees, those master's or doctor's
degrees granted by educational institutions whose degree program is
approved by the Commission on Accreditation for Marriage and Family
Therapy Education.
(d) All applicants shall, in addition, complete the coursework or
training specified in Section 4980.41.
(e) All applicants shall be at least 18 years of age.
(f) All applicants shall have at least two years of experience
that meet the requirements of Section 4980.43.
(g) The applicant shall pass a board
department administered written or oral examination or both
types of examinations, except that an applicant who passed a written
examination and who has not taken and passed an oral examination
shall instead be required to take and pass a clinical vignette
written examination.
(h) The applicant shall not have committed acts or crimes
constituting grounds for denial of licensure under Section 480. The
board department shall not issue a
registration or license to any person who has been convicted of a
crime in this or another state or in a territory of the United States
that involves sexual abuse of children or who is required to
register pursuant to Section 290 of the Penal Code or the equivalent
in another state or territory.
(i) An applicant for licensure trained in an educational
institution outside the United States shall demonstrate to the
satisfaction of the board department
that he or she possesses a qualifying degree that is equivalent to a
degree earned from a school, college, or university accredited by the
Western Association of Schools and Colleges, or approved by the
Bureau of Private Postsecondary and Vocational Education. These
applicants shall provide the board with a comprehensive evaluation of
the degree performed by a foreign credential evaluation service that
is a member of the National Association of Credential Evaluation
Services (NACES), and shall provide any other documentation the
board department deems necessary.
SEC. 364. Section 4980.43 of the
Business and Professions Code is amended to read:
4980.43. (a) Prior to applying for licensure examinations, each
applicant shall complete experience that shall comply with the
following:
(1) A minimum of 3,000 hours completed during a period of at least
104 weeks.
(2) Not more than 40 hours in any seven consecutive days.
(3) Not less than 1,700 hours of supervised experience completed
subsequent to the granting of the qualifying master's or doctor's
degree.
(4) Not more than 1,300 hours of experience obtained prior to
completing a master's or doctor's degree. This experience shall be
composed as follows:
(A) Not more than 750 hours of counseling and direct supervisor
contact.
(B) Not more than 250 hours of professional enrichment activities,
excluding personal psychotherapy as described in paragraph (2) of
subdivision (l).
(C) Not more than 100 hours of personal psychotherapy as described
in paragraph (2) of subdivision (l). The applicant shall be credited
for three hours of experience for each hour of personal
psychotherapy.
(5) No hours of experience may be gained prior to completing
either 12 semester units or 18 quarter units of graduate instruction
and becoming a trainee except for personal psychotherapy.
(6) No hours of experience gained more than six years prior to the
date the application for licensure was filed, except that up to 500
hours of clinical experience gained in the supervised practicum
required by subdivision (b) of Section 4980.40 shall be exempt from
this six-year requirement.
(7) Not more than a total of 1,000 hours of experience for direct
supervisor contact and professional enrichment activities.
(8) Not more than 500 hours of experience providing group therapy
or group counseling.
(9) Not more than 250 hours of postdegree experience administering
and evaluating psychological tests of counselees, writing clinical
reports, writing progress notes, or writing process notes.
(10) Not more than 250 hours of experience providing counseling or
crisis counseling on the telephone.
(11) Not less than 500 total hours of experience in diagnosing and
treating couples, families, and children.
(12) Not more than 125 hours of experience providing personal
psychotherapy services via telemedicine in accordance with Section
2290.5.
(b) All applicants, trainees, and registrants shall be at all
times under the supervision of a supervisor who shall be responsible
for ensuring that the extent, kind, and quality of counseling
performed is consistent with the training and experience of the
person being supervised, and who shall be responsible to the
board department for compliance with all laws,
rules, and regulations governing the practice of marriage and family
therapy. Supervised experience shall be gained by interns and
trainees either as an employee or as a volunteer. The requirements of
this chapter regarding gaining hours of experience and supervision
are applicable equally to employees and volunteers. Experience shall
not be gained by interns or trainees as an independent contractor.
(c) Supervision shall include at least one hour of direct
supervisor contact in each week for which experience is credited in
each work setting, as specified:
(1) A trainee shall receive an average of at least one hour of
direct supervisor contact for every five hours of client contact in
each setting.
(2) Each individual supervised after being granted a qualifying
degree shall receive an average of at least one hour of direct
supervisor contact for every 10 hours of client contact in each
setting in which experience is gained.
(3) For purposes of this section, "one hour of direct supervisor
contact" means one hour of face-to-face contact on an individual
basis or two hours of face-to-face contact in a group of not more
than eight persons.
(4) All experience gained by a trainee shall be monitored by the
supervisor as specified by regulation. The 5-to-1 and 10-to-1 ratios
specified in this subdivision shall be applicable to all hours gained
on or after January 1, 1995.
(d) (1) A trainee may be credited with supervised experience
completed in any setting that meets all of the following:
(A) Lawfully and regularly provides mental health counseling or
psychotherapy.
(B) Provides oversight to ensure that the trainee's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in Section 4980.02.
(C) Is not a private practice owned by a licensed marriage and
family therapist, a licensed psychologist, a licensed clinical social
worker, a licensed physician and surgeon, or a professional
corporation of any of those licensed professions.
(2) Experience may be gained by the trainee solely as part of the
position for which the trainee volunteers or is employed.
(e) (1) An intern may be credited with supervised experience
completed in any setting that meets both of the following:
(A) Lawfully and regularly provides mental health counseling or
psychotherapy.
(B) Provides oversight to ensure that the intern's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in Section 4980.02.
(2) An applicant shall not be employed or volunteer in a private
practice, as defined in subparagraph (C) of paragraph (1) of
subdivision (d), until registered as an intern.
(3) While an intern may be either a paid employee or a volunteer,
employers are encouraged to provide fair remuneration to interns.
(4) Except for periods of time during a supervisor's vacation or
sick leave, an intern who is employed or volunteering in private
practice shall be under the direct supervision of a licensee that has
satisfied the requirements of subdivision (g) of Section 4980.03.
The supervising licensee shall either be employed by and practice at
the same site as the intern's employer, or shall be an owner or
shareholder of the private practice. Alternative supervision may be
arranged during a supervisor's vacation or sick leave if the
supervision meets the requirements of this section.
(5) Experience may be gained by the intern solely as part of the
position for which the intern volunteers or is employed.
(f) Except as provided in subdivision (g), all persons shall
register with the board as an intern in order to be credited for
postdegree hours of supervised experience gained toward licensure.
(g) Except when employed in a private practice setting, all
postdegree hours of experience shall be credited toward licensure so
long as the applicant applies for the intern registration within 90
days of the granting of the qualifying master's or doctor's degree
and is thereafter granted the intern registration by the board.
(h) Trainees, interns, and applicants shall not receive any
remuneration from patients or clients, and shall only be paid by
their employers.
(i) Trainees, interns, and applicants shall only perform services
at the place where their employers regularly conduct business, which
may include performing services at other locations, so long as the
services are performed under the direction and control of their
employer and supervisor, and in compliance with the laws and
regulations pertaining to supervision. Trainees and interns shall
have no proprietary interest in their employers' businesses and shall
not lease or rent space, pay for furnishings, equipment or supplies,
or in any other way pay for the obligations of their employers.
(j) Trainees, interns, or applicants who provide volunteered
services or other services, and who receive no more than a total,
from all work settings, of five hundred dollars ($500) per month as
reimbursement for expenses actually incurred by those trainees,
interns, or applicants for services rendered in any lawful work
setting other than a private practice shall be considered an employee
and not an independent contractor. The board
department may audit applicants who receive reimbursement for
expenses, and the applicants shall have the burden of demonstrating
that the payments received were for reimbursement of expenses
actually incurred.
(k) Each educational institution preparing applicants for
licensure pursuant to this chapter shall consider requiring, and
shall encourage, its students to undergo individual, marital or
conjoint, family, or group counseling or psychotherapy, as
appropriate. Each supervisor shall consider, advise, and encourage
his or her interns and trainees regarding the advisability of
undertaking individual, marital or conjoint, family, or group
counseling or psychotherapy, as appropriate. Insofar as it is deemed
appropriate and is desired by the applicant, the educational
institution and supervisors are encouraged to assist the applicant in
locating that counseling or psychotherapy at a reasonable cost.
(l) For purposes of this chapter, "professional enrichment
activities" includes the following:
(1) Workshops, seminars, training sessions, or conferences
directly related to marriage and family therapy attended by the
applicant that are approved by the applicant's supervisor.
(2) Participation by the applicant in personal psychotherapy which
includes group, marital or conjoint, family, or individual
psychotherapy by an appropriately licensed professional.
SEC. 365. Section 4980.44 of the
Business and Professions Code is amended to read:
4980.44. An unlicensed marriage and family therapist intern
employed under this chapter shall comply with the following
requirements:
(a) Possess, at a minimum, a master's degree as specified in
Section 4980.40.
(b) Register with the board department
prior to performing any duties, except as otherwise provided in
subdivision (e) of Section 4980.43.
(c) Inform each client or patient prior to performing any
professional services that he or she is unlicensed and under the
supervision of a licensed marriage and family therapist, licensed
clinical social worker, licensed psychologist, or a licensed
physician and surgeon certified in psychiatry by the American Board
of Psychiatry and Neurology.
SEC. 366. Section 4980.50 of the
Business and Professions Code is amended to read:
4980.50. (a) Every applicant who meets the educational and
experience requirements and applies for a license as a marriage and
family therapist shall be examined by the board
department . The examinations shall be as set forth in
subdivision (g) of Section 4980.40. The examinations shall be given
at least twice a year at a time and place and under supervision as
the board department may determine. The
board department shall examine the
candidate with regard to his or her knowledge and professional skills
and his or her judgment in the utilization of appropriate techniques
and methods.
(b) The board department shall not
deny any applicant, who has submitted a complete application for
examination, admission to the licensure examinations required by this
section if the applicant meets the educational and experience
requirements of this chapter, and has not committed any acts or
engaged in any conduct that would constitute grounds to deny
licensure.
(c) The board department shall not
deny any applicant, whose application for licensure is complete,
admission to the standard written examination, nor shall the
board department postpone or delay any
applicant's standard written examination or delay informing the
candidate of the results of the standard written examination, solely
upon the receipt by the board department
of a complaint alleging acts or conduct that would constitute
grounds to deny licensure.
(d) If an applicant for examination who has passed the standard
written examination is the subject of a complaint or is under
board departmental investigation for
acts or conduct that, if proven to be true, would constitute grounds
for the board department to deny
licensure, the board department shall
permit the applicant to take the clinical vignette written
examination for licensure, but may withhold the results of the
examination or notify the applicant that licensure will not be
granted pending completion of the investigation.
(e) Notwithstanding Section 135, the board
department may deny any applicant who has previously failed
either the standard written or clinical vignette written examination
permission to retake either examination pending completion of the
investigation of any complaints against the applicant. Nothing in
this section shall prohibit the board
department from denying an applicant admission to any
examination, withholding the results, or refusing to issue a license
to any applicant when an accusation or statement of issues has been
filed against the applicant pursuant to Sections 11503 and 11504 of
the Government Code, respectively, or the applicant has been denied
in accordance with subdivision (b) of Section 485.
(f) Notwithstanding any other provision of law, the board
department may destroy all examination
materials two years following the date of an examination.
(g) On or after January 1, 2002, no applicant shall be eligible to
participate in a clinical vignette written examination if his or her
passing score on the standard written examination occurred more than
seven years before.
(h) An applicant who has qualified pursuant to this chapter shall
be issued a license as a marriage and family therapist in the form
that the board department may deem
appropriate.
SEC. 367. Section 4980.54 of the
Business and Professions Code is amended to read:
4980.54. (a) The Legislature recognizes that the education and
experience requirements in this chapter constitute only minimal
requirements to assure that an applicant is prepared and qualified to
take the licensure examinations as specified in subdivision (g) of
Section 4980.40 and, if he or she passes those examinations, to begin
practice.
(b) In order to continuously improve the competence of licensed
marriage and family therapists and as a model for all
psychotherapeutic professions, the Legislature encourages all
licensees to regularly engage in continuing education related to the
profession or scope of practice as defined in this chapter.
(c) Except as provided in subdivision (e), the board
department shall not renew any license pursuant
to this chapter unless the applicant certifies to the board
department , on a form prescribed by the
board department , that he or she has
completed not less than 36 hours of approved continuing education in
or relevant to the field of marriage and family therapy in the
preceding two years, as determined by the board.
(d) The board department shall have
the right to audit the records of any applicant to verify the
completion of the continuing education requirement. Applicants shall
maintain records of completion of required continuing education
coursework for a minimum of two years and shall make these records
available to the board for auditing purposes upon request.
(e) The board department may
establish exceptions from the continuing education requirements of
this section for good cause, as defined by the board
department .
(f) The continuing education shall be obtained from one of the
following sources:
(1) An accredited school or state-approved school that meets the
requirements set forth in Section 4980.40. Nothing in this paragraph
shall be construed as requiring coursework to be offered as part of a
regular degree program.
(2) Other continuing education providers, including, but not
limited to, a professional marriage and family therapist association,
a licensed health facility, a governmental entity, a continuing
education unit of an accredited four-year institution of higher
learning, or a mental health professional association, approved by
the board department .
(g) The board department shall
establish, by regulation, a procedure for approving providers of
continuing education courses, and all providers of continuing
education, as described in paragraphs (1) and (2) of subdivision (f),
shall adhere to procedures established by the board. The
board department may revoke or deny the right of
a provider to offer continuing education coursework pursuant to this
section for failure to comply with the requirements of this section
or any regulation adopted pursuant to this section.
(h) Training, education, and coursework by approved providers
shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the
understanding or the practice of marriage and family therapy.
(2) Aspects of the discipline of marriage and family therapy in
which significant recent developments have occurred.
(3) Aspects of other disciplines that enhance the understanding or
the practice of marriage and family therapy.
(i) A system of continuing education for licensed marriage and
family therapists shall include courses directly related to the
diagnosis, assessment, and treatment of the client population being
served.
(j) The board department shall, by
regulation, fund the administration of this section through
continuing education provider fees to be deposited in the Behavioral
Sciences Fund. The fees related to the administration of this section
shall be sufficient to meet, but shall not exceed, the costs of
administering the corresponding provisions of this section. For
purposes of this subdivision, a provider of continuing education as
described in paragraph (1) of subdivision (f) shall be deemed to be
an approved provider.
(k) The continuing education requirements of this section shall
comply fully with the guidelines for mandatory continuing education
established by the Department of Consumer Affairs
pursuant to Section 166.
SEC. 368. Section 4980.57 of the
Business and Professions Code is amended to read:
4980.57. (a) The board department
shall require a licensee who began graduate study prior to January 1,
2004, to take a continuing education course during his or her first
renewal period after the operative date of this section in spousal or
partner abuse assessment, detection, and intervention strategies,
including community resources, cultural factors, and same gender
abuse dynamics. On and after January 1, 2005, the course shall
consist of not less than seven hours of training. Equivalent courses
in spousal or partner abuse assessment, detection, and intervention
strategies taken prior to the operative date of this section or proof
of equivalent teaching or practice experience may be submitted to
the board department and at its
discretion, may be accepted in satisfaction of this requirement.
(b) Continuing education courses taken pursuant to this section
shall be applied to the 36 hours of approved continuing education
required under subdivision (c) of Section 4980.54.
SEC. 369. Section 4980.60 of the
Business and Professions Code is amended to read:
4980.60. (a) The board department
may adopt those rules and regulations as may be necessary to enable
it to carry into effect the provisions of this chapter. The adoption,
amendment, or repeal of those rules and regulations shall be made in
accordance with Chapter 3.5 (commencing with Section 11340) of Part
1 of Division 3 of Title 2 of the Government Code.
(b) The board department may, by
rules or regulations, adopt, amend, or repeal rules of advertising
and professional conduct appropriate to the establishment and
maintenance of a high standard of integrity in the profession,
provided that the rules or regulations are not inconsistent with
Section 4982. Every person who holds a license to practice marriage
and family therapy shall be governed by the rules of professional
conduct.
SEC. 370. Section 4980.70 of the
Business and Professions Code is amended to read:
4980.70. Except as provided by Section 159.5, the board
department may employ whatever additional
personnel is necessary to carry out the provisions of this chapter.
SEC. 371. Section 4980.80 of the
Business and Professions Code is amended to read:
4980.80. The board department may
issue a license to a person who, at the time of application, has held
for at least two years a valid license issued by a board of marriage
counselor examiners, marriage therapist examiners, or corresponding
authority of any state, if the education and supervised experience
requirements are substantially the equivalent of this chapter and the
person successfully completes the board
department administered licensing examinations as specified by
subdivision (g) of Section 4980.40 and pays the fees specified.
Issuance of the license is further conditioned upon the person's
completion of the following coursework or training:
(a) (1) An applicant who completed a two semester or three quarter
unit course in law and professional ethics for marriage, and family
therapists that included areas of study as specified in Section
4980.41 as part of his or her qualifying degree shall complete an
18-hour course in California law and professional ethics that
includes, but is not limited to, the following subjects: advertising,
scope of practice, scope of competence, treatment of minors,
confidentiality, dangerous patients, psychotherapist-patient
privilege, recordkeeping, patient access to records, requirements of
the Health Insurance Portability and Accountability Act of 1996, dual
relationships, child abuse, elder and dependent adult abuse, online
therapy, insurance reimbursement, civil liability, disciplinary
actions and unprofessional conduct, ethics complaints and ethical
standards, termination of therapy, standards of care, relevant family
law, and therapist disclosures to patients.
(2) An applicant who has not completed a two semester or three
quarter unit course in law and professional ethics for marriage and
family therapists that included areas of study as specified in
Section 4980.41 as part of his or her qualifying degree, shall
complete a two semester or three quarter unit course in California
law and professional ethics that includes, at minimum, the areas of
study specified in Section 4980.41.
(b) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28 and
any regulations promulgated thereunder.
(c) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25 and any regulations
promulgated thereunder.
(d) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency as specified by
regulation.
(e) (1) Instruction in spousal or partner abuse assessment,
detection, and intervention. This instruction may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
(2) On and after January 1, 2004, a minimum of 15 contact hours of
coursework or training in spousal or partner abuse assessment,
detection, and intervention strategies.
(f) On and after January 1, 2003, a minimum of a two semester or
three quarter unit survey course in psychological testing. This
course may be taken either in fulfillment of other requirements for
licensure or in a separate course.
(g) On and after January 1, 2003, a minimum of a two semester or
three quarter unit survey course in psychopharmacology. This course
may be taken either in fulfillment of other requirements for
licensure or in a separate course.
(h) With respect to human sexuality, alcoholism and other chemical
substance dependency, spousal or partner abuse assessment,
detection, and intervention, psychological testing, and
psychopharmacology, the board department
may accept training or coursework acquired out of state.
SEC. 372. Section 4980.90 of the
Business and Professions Code is amended to read:
4980.90. (a) Experience gained outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to that required by this chapter and if the applicant has
gained a minimum of 250 hours of supervised experience in direct
counseling within California while registered as an intern with the
board department . The board
department shall consider hours of experience obtained in
another state during the six-year period immediately preceding the
applicant's initial licensure by that state as a marriage and family
therapist.
(b) Education gained while residing outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to the education requirements of this chapter, and if the
applicant has completed all of the following:
(1) A two semester or three quarter unit course in California law
and professional ethics for marriage, family, and child counselors
that shall include areas of study as specified in Section 4980.41.
(2) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28 and
any regulations promulgated thereunder.
(3) A minimum of 10 contact hours of training or coursework in
sexuality as specified in Section 25 and any regulations promulgated
thereunder.
(4) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency as specified by
regulation.
(5) (A) Instruction in spousal or partner abuse assessment,
detection, and intervention. This instruction may be taken either in
fulfillment of other educational requirements for licensure or in a
separate course.
(B) On and after January 1, 2004, a minimum of 15 contact hours of
coursework or training in spousal or partner abuse assessment,
detection, and intervention strategies.
(6) On and after January 1, 2003, a minimum of a two semester or
three quarter unit survey course in psychological testing. This
course may be taken either in fulfillment of other requirements for
licensure or in a separate course.
(7) On and after January 1, 2003, a minimum of a two semester or
three quarter unit survey course in psychopharmacology. This course
may be taken either in fulfillment of other requirements for
licensure or in a separate course.
(8) With respect to human sexuality, alcoholism and other chemical
substance dependency, spousal or partner abuse assessment,
detection, and intervention, psychological testing, and
psychopharmacology, the board department
may accept training or coursework acquired out of state.
(c) For purposes of this section, the board
department may, in its discretion, accept education as
substantially equivalent if the applicant meets both of the following
requirements:
(1) The applicant has been granted a degree in a single integrated
program primarily designed to train marriage and family therapists.
(2) The applicant's education meets the requirements of Sections
4980.37 and 4980.40. The degree title need not be identical to those
required by subdivision (a) of Section 4980.40. If the applicant's
degree does not contain the content required by Section 4980.37 or
the overall number of units required by subdivision (a) of Section
4980.40, the board department may, in
its discretion, accept the applicant's education as substantially
equivalent if the following criteria are satisfied:
(A) The applicant's degree contains the required number of
practicum units and coursework required in the areas of marriage,
family, and child counseling and marital and family systems
approaches to treatment as specified in Section 4980.40.
(B) The applicant remediates his or her specific deficiency by
completing the course content required by Section 4980.37 or the
units required by subdivision (a) of Section 4980.40.
(C) The applicant's degree otherwise complies with this section.
SEC. 373. Section 4981 of the Business
and Professions Code is amended to read:
4981. This article applies to licenses to engage in the business
of marriage and family therapy, and does not apply to the licenses
provided for in Article 5 (commencing with Section 4986) except that
the board department shall have all
powers provided in this article not inconsistent with this chapter.
SEC. 374. Section 4982 of the Business
and Professions Code is amended to read:
4982. The board department may deny
a license or registration or may suspend or revoke the license or
registration of a licensee or registrant if he or she has been guilty
of unprofessional conduct. Unprofessional conduct includes, but is
not limited to, the following:
(a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The
board department may inquire into the
circumstances surrounding the commission of the crime in order to fix
the degree of discipline or to determine if the conviction is
substantially related to the qualifications, functions, or duties of
a licensee or registrant under this chapter. A plea or verdict of
guilty or a conviction following a plea of nolo contendere made to a
charge substantially related to the qualifications, functions, or
duties of a licensee or registrant under this chapter shall be deemed
to be a conviction within the meaning of this section. The
board department may order any license or
registration suspended or revoked, or may decline to issue a license
or registration when the time for appeal has elapsed, or the judgment
of conviction has been affirmed on appeal, or, when an order
granting probation is made suspending the imposition of sentence,
irrespective of a subsequent order under Section 1203.4 of the Penal
Code allowing the person to withdraw a plea of guilty and enter a
plea of not guilty, or setting aside the verdict of guilty, or
dismissing the accusation, information, or indictment.
(b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board department ,
whether engaged in by an applicant for a license or registration, or
by a licensee in support of any application for licensure or
registration.
(c) Administering to himself or herself any controlled substance
or using of any of the dangerous drugs specified in Section 4022, or
of any alcoholic beverage to the extent, or in a manner, as to be
dangerous or injurious to the person applying for a registration or
license or holding a registration or license under this chapter, or
to any other person, or to the public, or, to the extent that the use
impairs the ability of the person applying for or holding a
registration or license to conduct with safety to the public the
practice authorized by the registration or license, or the conviction
of more than one misdemeanor or any felony involving the use,
consumption, or self-administration of any of the substances referred
to in this subdivision, or any combination thereof. The
board department shall deny an application for a
registration or license or revoke the license or registration of any
person, other than one who is licensed as a physician and surgeon,
who uses or offers to use drugs in the course of performing marriage
and family therapy services.
(d) Gross negligence or incompetence in the performance of
marriage and family therapy.
(e) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board department .
(f) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
(g) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee, allowing any other person to use his or her license or
registration.
(h) Aiding or abetting, or employing, directly or indirectly, any
unlicensed or unregistered person to engage in conduct for which a
license or registration is required under this chapter.
(i) Intentionally or recklessly causing physical or emotional harm
to any client.
(j) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
(k) Engaging in sexual relations with a client, or a former client
within two years following termination of therapy, soliciting sexual
relations with a client, or committing an act of sexual abuse, or
sexual misconduct with a client, or committing an act punishable as a
sexually related crime, if that act or solicitation is substantially
related to the qualifications, functions, or duties of a marriage
and family therapist.
() Performing, or holding oneself out as being able to perform, or
offering to perform, or permitting any trainee or registered intern
under supervision to perform, any professional services beyond the
scope of the license authorized by this chapter.
(m) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client that is obtained from tests or
other means.
(n) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
(o) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional counseling
services actually provided by the licensee. Nothing in this
subdivision shall prevent collaboration among two or more licensees
in a case or cases. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made in
compliance with subdivision (n).
(p) Advertising in a manner that is false, misleading, or
deceptive.
(q) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device.
(r) Any conduct in the supervision of any registered intern or
trainee by any licensee that violates this chapter or any rules or
regulations adopted by the board department .
(s) Performing or holding oneself out as being able to perform
professional services beyond the scope of one's competence, as
established by one's education, training, or experience. This
subdivision shall not be construed to expand the scope of the license
authorized by this chapter.
(t) Permitting a trainee or registered intern under one's
supervision or control to perform, or permitting the trainee or
registered intern to hold himself or herself out as competent to
perform, professional services beyond the trainee's or registered
intern's level of education, training, or experience.
(u) The violation of any statute or regulation governing the
gaining and supervision of experience required by this chapter.
(v) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
(w) Failure to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
(x) Failure to comply with the elder and dependent adult abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
(y) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
(z) Failure to comply with Section 2290.5.
SEC. 375. Section 4982.05 of the
Business and Professions Code is amended to read:
4982.05. (a) Except as provided in subdivisions (b), (c), and
(e), any accusation filed against a licensee pursuant to Section
11503 of the Government Code shall be filed within three years from
the date the board department discovers
the alleged act or omission that is the basis for disciplinary
action, or within seven years from the date the alleged act or
omission that is the basis for disciplinary action occurred,
whichever occurs first.
(b) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging the procurement of a license by
fraud or misrepresentation is not subject to the limitations set
forth in subdivision (a).
(c) The limitation provided for by subdivision (a) shall be tolled
for the length of time required to obtain compliance when a report
required to be filed by the licensee or registrant with the board
pursuant to Article 11 (commencing with Section 800) of Chapter 1 is
not filed in a timely fashion.
(d) If an alleged act or omission involves a minor, the seven-year
limitations period provided for by subdivision (a) and the 10-year
limitations period provided for by subdivision (e) shall be tolled
until the minor reaches the age of majority.
(e) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging sexual misconduct shall be
filed within three years after the board
department discovers the act or omission alleged as the grounds
for disciplinary action, or within 10 years after the act or
omission alleged as the grounds for disciplinary action occurs,
whichever occurs first. This subdivision shall apply to a complaint
alleging sexual misconduct received by the board on and after January
1, 2002.
(f) The limitations period provided by subdivision (a) shall be
tolled during any period if material evidence necessary for
prosecuting or determining whether a disciplinary action would be
appropriate is unavailable to the board due to an ongoing criminal
investigation.
(g) For purposes of this section, "discovers" means the later of
the occurrence of any of the following with respect to each act or
omission alleged as the basis for disciplinary action:
(1) The date the board department
received a complaint or report describing the act or omission.
(2) The date, subsequent to the original complaint or report, on
which the board became aware of any additional acts or omissions
alleged as the basis for disciplinary action against the same
individual.
(3) The date the board department
receives from the complainant a written release of information
pertaining to the complainant's diagnosis and treatment.
SEC. 376. Section 4984 of the Business
and Professions Code is amended to read:
4984. (a) Licenses issued under this chapter shall expire no more
than 24 months after the issue date. The expiration date of the
original license shall be set by the board
department .
(b) To renew an unexpired license, the licensee, on or before the
expiration date of the license, shall do all of the following:
(1) Apply for a renewal on a form prescribed by the board
department .
(2) Pay a two-year renewal fee prescribed by the board
department .
(3) Certify compliance with the continuing education requirements
set forth in Section 4980.54.
(4) Notify the board department
whether he or she has been convicted, as defined in Section 490, of a
misdemeanor or felony, or whether any disciplinary action has been
taken by any regulatory or licensing board in this or any other
state, subsequent to the licensee's last renewal.
SEC. 377. Section 4984.01 of the
Business and Professions Code is amended to read:
4984.01. (a) The marriage and family therapist intern
registration shall expire one year from the last day of the month in
which it was issued.
(b) To renew the registration, the registrant shall, on or before
the expiration date of the registration, complete all of the
following actions:
(1) Apply for renewal on a form prescribed by the board
department .
(2) Pay a renewal fee prescribed by the board
department .
(3) Notify the board department
whether he or she has been convicted, as defined in Section 490, of a
misdemeanor or felony, and whether any disciplinary action has been
taken against him or her by a regulatory or licensing board in this
or any other state subsequent to the last renewal of the
registration.
(c) The registration may be renewed a maximum of five times. No
registration shall be renewed or reinstated beyond six years from the
last day of the month during which it was issued, regardless of
whether it has been revoked. When no further renewals are possible,
an applicant may apply for and obtain a new intern registration if
the applicant meets the educational requirements for registration in
effect at the time of the application for a new intern registration.
An applicant who is issued a subsequent intern registration pursuant
to this subdivision may be employed or volunteer in any allowable
work setting except private practice.
SEC. 378. Section 4984.5 of the Business
and Professions Code is amended to read:
4984.5. The board department shall
report each month to the Controller the amount and source of all
revenue received pursuant to this chapter and at the same time pay
the entire amount thereof into the State Treasury for credit to the
Behavioral Sciences Fund.
SEC. 379. Section 4984.6 of the
Business and Professions Code is amended to read:
4984.6. (a) The Behavioral Sciences Fund shall be used for the
purposes of carrying out and enforcing the provisions of this
chapter.
(b) The board department shall keep
any records as will reasonably ensure that funds expended in the
administration of each licensing or registration category shall bear
a reasonable relation to the revenue derived from each category
, and shall so notify the department no later than May 31 of
each year .
(c) Surpluses, if any, may be used in such a way so as to bear a
reasonable relation to the revenue derived from each category, and
may include, but not be limited to, expenditures for education and
research related to each of the licensing or registration categories.
SEC. 380. Section 4984.7 of the
Business and Professions Code is amended to read:
4984.7. (a) The board department
shall assess the following fees relating to the licensure of marriage
and family therapists:
(1) The application fee for an intern registration shall be
seventy-five dollars ($75).
(2) The renewal fee for an intern registration shall be
seventy-five dollars ($75).
(3) The fee for the application for examination eligibility shall
be one hundred dollars ($100).
(4) The fee for the standard written examination shall be one
hundred dollars ($100). The fee for the clinical vignette examination
shall be one hundred dollars ($100).
(A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fee.
(B) The amount of the examination fees shall be based on the
actual cost to the board department of
developing, purchasing, and grading each examination and the actual
cost to the board department of
administering each examination. The examination fees shall be
adjusted periodically by regulation to reflect the actual costs
incurred by the board department .
(5) The fee for rescoring an examination shall be twenty dollars
($20).
(6) The fee for issuance of an initial license shall be a maximum
of one hundred eighty dollars ($180).
(7) The fee for license renewal shall be a maximum of one hundred
eighty dollars ($180).
(8) The fee for inactive license renewal shall be a maximum of
ninety dollars ($90).
(9) The renewal delinquency fee shall be a maximum of ninety
dollars ($90). A person who permits his or her license to expire is
subject to the delinquency fee.
(10) The
fee for issuance of a replacement registration, license, or
certificate shall be twenty dollars ($20).
(11) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
(b) With regard to license, examination, and other fees, the
board department shall establish fee
amounts at or below the maximum amounts specified in this chapter.
SEC. 381. Section 4984.75 of the
Business and Professions Code is amended to read:
4984.75. In addition to the fees charged pursuant to Section
4984.7 for the biennial renewal of a license pursuant to Section
4984, the board department shall
collect an additional fee of ten dollars ($10) at the time of
renewal. The board department shall
transfer this amount to the Controller who shall deposit the funds in
the Mental Health Practitioner Education Fund.
SEC. 382. Section 4984.8 of the
Business and Professions Code is amended to read:
4984.8. (a) A licensee may apply to the board
department to request that his or her license be placed on
inactive status.
(b) A licensee on inactive status shall be subject to this chapter
and shall not engage in the practice of marriage and family therapy
in this state.
(c) A licensee who holds an inactive license shall pay a biennial
fee in the amount of one-half of the standard renewal fee and shall
be exempt from continuing education requirements.
(d) A licensee on inactive status who has not committed an act or
crime constituting grounds for denial of licensure may, upon request,
restore his or her license to practice marriage and family therapy
to active status.
(1) A licensee requesting to restore his or her license to active
status between renewal cycles shall pay the remaining one-half of his
or her renewal fee.
(2) A licensee requesting to restore his or her license to active
status, whose license will expire less than one year from the date of
the request, shall complete 18 hours of continuing education as
specified in Section 4980.54.
(3) A licensee requesting to restore his or her license to active
status, whose license will expire more than one year form the date of
the request, shall complete 36 hours of continuing education as
specified in Section 4980.54.
SEC. 383. Section 4984.9 of the
Business and Professions Code is amended to read:
4984.9. A licensee or registrant shall give written notice to the
board department of a name change
within 30 days after each change, giving both the old and new names.
A copy of the legal document authorizing the name change, such as a
court order or marriage certificate, shall be submitted with the
notice.
SEC. 384. Section 4987.5 of the
Business and Professions Code is amended to read:
4987.5. A marriage and family therapy corporation is a
corporation that is authorized to render professional services, as
defined in Section 13401 of the Corporations Code, so long as that
corporation and its shareholders, officers, directors, and employees
rendering professional services who are marriage and family
therapists, physicians and surgeons, psychologists, licensed clinical
social workers, registered nurses, chiropractors, or acupuncturists
are in compliance with the Moscone-Knox Professional Corporation Act
(Part 4 (commencing with Section 13400) of Division 3 of Title 1 of
the Corporations Code), this article, and any other statute or
regulation pertaining to that corporation and the conduct of its
affairs. With respect to a marriage and family therapy corporation,
the governmental agency referred to in the Moscone-Knox Professional
Corporation Act is the Board of Behavioral Sciences
Department of Consumer Affairs .
SEC. 385. Section 4989.12 of the
Business and Professions Code is amended to read:
4989.12. The Board of Behavioral Sciences
Department of Consumer Affairs shall administer and enforce
the provisions of this chapter. For the purposes of this chapter it
shall be designated as the board department
.
SEC. 386. Section 4989.16 of the
Business and Professions Code is amended to read:
4989.16. (a) A person appropriately credentialed by the
Commission on Teacher Credentialing may perform the functions
authorized by that credential in a public school without a license
issued under this chapter by the board
department .
(b) Nothing in this chapter shall be construed to constrict,
limit, or withdraw the Medical Practice Act (Chapter 5 (commencing
with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing
with Section 2700)), the Psychology Licensing Law (Chapter 6.6
(commencing with Section 2900)), the Marriage and Family Therapist
Practice Act (Chapter 13 (commencing with Section 4980)), or the
Clinical Social Worker Practice Act (Chapter 14 (commencing with
Section 4991)).
SEC. 387. Section 4989.18 of the
Business and Professions Code is amended to read:
4989.18. The board department may,
by rules or regulations, adopt, amend, or repeal rules of
professional conduct appropriate to the establishment and maintenance
of a high standard of integrity and dignity in the profession,
provided those rules or regulations are not inconsistent with Section
4989.54. Every person licensed under this chapter shall be governed
by those rules of professional conduct.
SEC. 388. Section 4989.20 of the
Business and Professions Code is amended to read:
4989.20. (a) The board department
may issue a license as an educational psychologist if the applicant
satisfies, with proof satisfactory to the board
department , the following requirements:
(1) Possession of, at minimum, a master's degree in psychology,
educational psychology, school psychology, counseling and guidance,
or a degree deemed equivalent by the board
department . This degree shall be obtained from an educational
institution approved by the board department
according to the regulations adopted under this chapter.
(2) Attainment of 18 years of age.
(3) No commission of an act or crime constituting grounds for
denial of licensure under Section 480.
(4) Successful completion of 60 semester hours of postgraduate
work in pupil personnel services.
(5) Two years of full-time, or the equivalent to full-time,
experience as a credentialed school psychologist in the public
schools. The applicant shall not be credited with experience obtained
more than six years prior to filing the application for licensure.
(6) One of the following:
(A) One year of supervised professional experience in an
accredited school psychology program.
(B) In addition to the requirements of paragraph (5), one year of
full-time, or the equivalent to full-time, experience as a
credentialed school psychologist in the public schools obtained under
the direction of a licensed educational psychologist or a licensed
psychologist.
(7) Passage of an examination specified by the board
department .
SEC. 389. Section 4989.22 of the
Business and Professions Code is amended to read:
4989.22. (a) Only persons who satisfy the requirements of Section
4989.20 are eligible to take the licensure examination.
(b) An applicant who fails the written examination may, within one
year from the notification date of failure, retake the examination
as regularly scheduled without further application. Thereafter, the
applicant shall not be eligible for further examination until he or
she files a new application, meets all current requirements, and pays
all fees required.
(c) Notwithstanding any other provision of law, the board
department may destroy all examination materials
two years after the date of an examination.
SEC. 390. Section 4989.24 of the
Business and Professions Code is amended to read:
4989.24. The board department shall
not issue a license to a person who has been convicted of a crime in
this or any other state or in a territory of the United States that
involves sexual abuse of children or who is required to register
pursuant to Section 290 of the Penal Code or the equivalent in
another state or territory.
SEC. 391. Section 4989.26 of the
Business and Professions Code is amended to read:
4989.26. The board department may
refuse to issue a license to an applicant if it appears he or she may
be unable to practice safely due to mental illness or chemical
dependency. The procedures set forth in Article 12.5 (commencing with
Section 820) of Chapter 1 shall apply to a denial of a license
pursuant to this section.
SEC. 392. Section 4989.28 of the
Business and Professions Code is amended to read:
4989.28. The board department may
deny an application for licensure if the applicant is or has been
guilty of unprofessional conduct as described in Section 4989.54.
SEC. 393. Section 4989.30 of the
Business and Professions Code is amended to read:
4989.30. A license issued under this chapter shall expire no
later than 24 months after its date of issue. The expiration date of
the original license shall be set by the board
department .
SEC. 394. Section 4989.32 of the
Business and Professions Code is amended to rea
d:
4989.32. To renew an unexpired license, the licensee shall, on or
before the expiration date of the license, take all of the following
actions:
(a) Apply for renewal on a form prescribed by the board
department .
(b) Pay a renewal fee prescribed by the board
department .
(c) Inform the board department of
whether he or she has been convicted, as defined in Section 490, of
any misdemeanor or felony and whether any disciplinary action has
been taken by a regulatory or licensing board in this or any other
state after the prior issuance or renewal of his or her license.
(d) Complete the continuing education requirements described in
Section 4989.34.
SEC. 395. Section 4989.34 of the
Business and Professions Code is amended to read:
4989.34. (a) To renew his or her license, a licensee shall
certify to the board department , on a
form prescribed by the board department
, completion in the preceding two years of not less than 36 hours of
approved continuing education in, or relevant to, educational
psychology.
(b) (1) The continuing education shall be obtained from either an
accredited university or a continuing education provider approved by
the board department .
(2) The board department shall
establish, by regulation, a procedure for approving providers of
continuing education courses, and all providers of continuing
education shall comply with procedures established by the
board department . The board
department may revoke or deny the right of a provider to
offer continuing education coursework pursuant to this section for
failure to comply with the requirements of this section or any
regulation adopted pursuant to this section.
(c) Training, education, and coursework by approved providers
shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the
understanding or the practice of educational psychology.
(2) Aspects of the discipline of educational psychology in which
significant recent developments have occurred.
(3) Aspects of other disciplines that enhance the understanding or
the practice of educational psychology.
(d) The board department may audit
the records of a licensee to verify completion of the continuing
education requirement. A licensee shall maintain records of the
completion of required continuing education coursework for a minimum
of two years and shall make these records available to the board for
auditing purposes upon its request.
(e) The board department may
establish exceptions from the continuing education requirements of
this section for good cause, as determined by the board
department .
(f) The board department shall, by
regulation, fund the administration of this section through
continuing education provider fees to be deposited in the Behavioral
Sciences Fund. The amount of the fees shall be sufficient to meet,
but shall not exceed, the costs of administering this section.
(g) The continuing education requirements of this section shall
comply fully with the guidelines for mandatory continuing education
established by the Department of Consumer Affairs pursuant to Section
166.
SEC. 396. Section 4989.40 of the
Business and Professions Code is amended to read:
4989.40. A revoked license is subject to expiration as provided
in this article and shall not be renewed. The applicant may apply to
the board department for reinstatement
of his or her license and shall pay a reinstatement fee in an amount
equal to the renewal fee in effect at that time and any delinquency
fees that may have accrued and comply with other requirements of the
board department for reinstatement.
SEC. 397. Section 4989.44 of the
Business and Professions Code is amended to read:
4989.44. (a) A licensee may apply to the board
department to request that his or her license be placed
on inactive status.
(b) A licensee on inactive status shall be subject to this chapter
and shall not engage in the practice of educational psychology in
this state.
(c) A licensee who holds an inactive license shall pay a biennial
fee of one-half of the amount of the standard renewal fee.
(d) A licensee on inactive status who has not committed an act or
crime constituting grounds for denial of licensure may, upon request,
restore his or her license to practice educational psychology to
active status. A licensee requesting that his or her license be
placed on active status between renewal cycles shall pay the
remaining one-half of his or her renewal fee. A licensee requesting
to restore his or her license to active status, whose license will
expire less than one year from the date of the request, shall
complete 18 hours of continuing education as specified in Section
4989.34. A licensee requesting to restore his or her license to
active status, whose license will expire more than one year from the
date of the request, shall complete 36 hours of continuing education
as specified in Section 4989.34.
SEC. 398. Section 4989.46 of the
Business and Professions Code is amended to read:
4989.46. A licensee shall give written notice to the
board department of a name change within 30 days
after each change, providing both the old and new names. A copy of
the legal document authorizing the name change, such as a court order
or marriage certificate, shall be submitted with the notice.
SEC. 399. Section 4989.54 of the
Business and Professions Code is amended to read:
4989.54. The board department may
deny a license or may suspend or revoke the license of a licensee if
he or she has been guilty of unprofessional conduct. Unprofessional
conduct includes, but is not limited to, the following:
(a) Conviction of a crime substantially related to the
qualifications, functions and duties of an educational psychologist.
(1) The record of conviction shall be conclusive evidence only of
the fact that the conviction occurred.
(2) The board department may inquire
into the circumstances surrounding the commission of the crime in
order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications, functions,
or duties of a licensee under this chapter.
(3) A plea or verdict of guilty or a conviction following a plea
of nolo contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee under this chapter
shall be deemed to be a conviction within the meaning of this
section.
(4) The board department may order a
license suspended or revoked, or may decline to issue a license when
the time for appeal has elapsed, or the judgment of conviction has
been affirmed on appeal, or when an order granting probation is made
suspending the imposition of sentence, irrespective of a subsequent
order under Section 1203.4 of the Penal Code allowing the person to
withdraw a plea of guilty and enter a plea of not guilty or setting
aside the verdict of guilty or dismissing the accusation,
information, or indictment.
(b) Securing a license by fraud, deceit, or misrepresentation on
an application for licensure submitted to the board
department , whether engaged in by an applicant
for a license or by a licensee in support of an application for
licensure.
(c) Administering to himself or herself a controlled substance or
using any of the dangerous drugs specified in Section 4022 or an
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to himself or herself or to any other person or to the
public or to the extent that the use impairs his or her ability to
safely perform the functions authorized by the license.
(d) Conviction of more than one misdemeanor or any felony
involving the use, consumption, or self-administration of any of the
substances referred to in subdivision (c) or any combination thereof.
(e) Advertising in a manner that is false, misleading, or
deceptive.
(f) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board department .
(g) Commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee.
(h) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by another state or territory
or possession of the United States or by any other governmental
agency, on a license, certificate, or registration to practice
educational psychology or any other healing art. A certified copy of
the disciplinary action, decision, or judgment shall be conclusive
evidence of that action.
(i) Revocation, suspension, or restriction by the board
department of a license, certificate, or
registration to practice as a clinical social worker or marriage and
family therapist.
(j) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
(k) Gross negligence or incompetence in the practice of
educational psychology.
() Misrepresentation as to the type or status of a license held by
the licensee or otherwise misrepresenting or permitting
misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
(m) Intentionally or recklessly causing physical or emotional harm
to any client.
(n) Engaging in sexual relations with a client or a former client
within two years following termination of professional services,
soliciting sexual relations with a client, or committing an act of
sexual abuse or sexual misconduct with a client or committing an act
punishable as a sexually related crime, if that act or solicitation
is substantially related to the qualifications, functions, or duties
of a licensed educational psychologist.
(o) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services or the basis upon which that fee will be
computed.
(p) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients.
(q) Failing to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client that is obtained from tests or
other means.
(r) Performing, holding himself or herself out as being able to
perform, or offering to perform any professional services beyond the
scope of the license authorized by this chapter or beyond his or her
field or fields of competence as established by his or her education,
training, or experience.
(s) Reproducing or describing in public, or in any publication
subject to general public distribution, any psychological test or
other assessment device the value of which depends in whole or in
part on the naivete of the subject in ways that might invalidate the
test or device. An educational psychologist shall limit access to the
test or device to persons with professional interests who can be
expected to safeguard its use.
(t) Aiding or abetting an unlicensed person to engage in conduct
requiring a license under this chapter.
(u) When employed by another person or agency, encouraging, either
orally or in writing, the employer's or agency's clientele to
utilize his or her private practice for further counseling without
the approval of the employing agency or administration.
(v) Failing to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
(w) Failing to comply with the elder and adult dependent abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
(x) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
SEC. 400. Section 4989.56 of the
Business and Professions Code is amended to read:
4989.56. The board department shall
revoke the license of a licensee, other than one who is also
licensed as a physician and surgeon, who uses or offers to use drugs
in the course of his or her practice as an educational psychologist.
SEC. 401. Section 4989.58 of the
Business and Professions Code is amended to read:
4989.58. The board department shall
revoke the license of a licensee upon a decision that contains a
finding of fact that the licensee engaged in an act of sexual
contact, as defined in Section 729, when that act is with a client,
or with a former client and the relationship was terminated primarily
for the purpose of engaging in that act. The revocation shall not be
stayed by the administrative law judge or the board
department .
SEC. 402. Section 4989.62 of the
Business and Professions Code is amended to read:
4989.62. All proceedings by the board
department to suspend, revoke, or to take other disciplinary
action against a licensee shall be conducted pursuant to Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code.
SEC. 403. Section 4989.64 of the
Business and Professions Code is amended to read:
4989.64. In addition to other proceedings provided for in this
chapter, whenever a person has engaged, or is about to engage, in an
act or practice that constitutes, or will constitute, an offense
against this chapter, the superior court in and for the county where
the act or practice takes place, or is about to take place, may issue
an injunction, or other appropriate order, restraining that conduct
on application of the board department
, the Attorney General, or the district attorney of the county. The
proceedings under this section shall be governed by Chapter 3
(commencing with Section 525) of Title 7 of Part 2 of the Code of
Civil Procedure.
SEC. 404. Section 4989.68 of the
Business and Professions Code is amended to read:
4989.68. (a) The board department
shall assess the following fees relating to the licensure of
educational psychologists:
(1) The application fee for examination eligibility shall be one
hundred dollars ($100).
(2) The fee for issuance of the initial license shall be a maximum
amount of one hundred fifty dollars ($150).
(3) The fee for license renewal shall be a maximum amount of one
hundred fifty dollars ($150).
(4) The delinquency fee shall be seventy-five dollars ($75). A
person who permits his or her license to become delinquent may have
it restored only upon payment of all the fees that he or she would
have paid if the license had not become delinquent, plus the payment
of any and all delinquency fees.
(5) The written examination fee shall be one hundred dollars
($100). An applicant who fails to appear for an examination, once
having been scheduled, shall forfeit any examination fees he or she
paid.
(6) The fee for rescoring a written examination shall be twenty
dollars ($20).
(7) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
(8) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
(b) With regard to all license, examination, and other fees, the
board department shall establish fee
amounts at or below the maximum amounts specified in this chapter.
SEC. 405. Section 4989.70 of the
Business and Professions Code is amended to read:
4989.70. The board department shall
report each month to the Controller the amount and source of all
revenue received pursuant to this chapter and at the same time pay
the entire amount thereof into the State Treasury for credit to the
Behavioral Sciences Fund.
SEC. 406. Section 4990 of the Business
and Professions Code is repealed.
4990. (a) There is in the Department of Consumer Affairs, a Board
of Behavioral Sciences that consists of 11 members composed as
follows:
(1) Two state licensed clinical social workers.
(2) One state licensed educational psychologist.
(3) Two state licensed marriage and family therapists.
(4) Six public members.
(b) Each member, except the six public members, shall have at
least two years of experience in his or her profession.
(c) Each member shall reside in the State of California.
(d) The Governor shall appoint four of the public members and the
five licensed members with the advice and consent of the Senate. The
Senate Committee on Rules and the Speaker of the Assembly shall each
appoint a public member.
(e) Each member of the board shall be appointed for a term of four
years. A member appointed by the Speaker of the Assembly or the
Senate Committee on Rules shall hold office until the appointment and
qualification of his
or her successor or until one year from the expiration date of the
term for which he or she was appointed, whichever first occurs.
Pursuant to Section 1774 of the Government Code, a member appointed
by the Governor shall hold office until the appointment and
qualification of his or her successor or until 60 days from the
expiration date of the term for which he or she was appointed,
whichever first occurs.
(f) A vacancy on the board shall be filled by appointment for the
unexpired term by the authority who appointed the member whose
membership was vacated.
(g) Not later than the first of June of each calendar year, the
board shall elect a chairperson and a vice chairperson from its
membership.
(h) Each member of the board shall receive a per diem and
reimbursement of expenses as provided in Section 103.
(i) This section shall become inoperative on July 1, 2009, and, as
of January 1, 2010, is repealed, unless a later enacted statute,
that is enacted before January 1, 2010, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 407. Section 4990.1 is added to the
Business and Professions Code , to read:
4990.1. There is in the Department of Consumer Affairs an
administration subdivision that shall be established as necessary to
accomplish the duties imposed by this chapter concerning social
workers.
SEC. 408. Section 4990.10 of the
Business and Professions Code is repealed.
4990.10. The board may conduct research in, and make studies of
problems involved in, the maintaining of professional standards among
those engaged in the professions it licenses and may publish its
recommendations thereon.
SEC. 409. Section 4990.12 of the
Business and Professions Code is amended to read:
4990.12. The duty of administering and enforcing this chapter,
Chapter 13 (commencing with Section 4980), Chapter 13.5 (commencing
with Section 4989.10), and Chapter 14 (commencing with Section 4991)
is vested in the board and the executive officer subject to,
and under the direction of, the board department
. In the performance of this duty, the board and the
executive officer have department has all the
powers and are subject to all the responsibilities vested in, and
imposed upon, the head of a department by Chapter 2 (commencing with
Section 11150) of Part 1 of Division 3 of Title 2 of the Government
Code.
SEC. 410. Section 4990.14 of the
Business and Professions Code is repealed.
4990.14. The board shall have and use a seal bearing the words
"The Board of Behavioral Sciences," and shall otherwise conform to
Section 107.5.
SEC. 411. Section 4990.18 of the
Business and Professions Code is amended to read:
4990.18. It is the intent of the Legislature that the
board department employ its resources for each
and all of the following functions:
(a) The licensure of marriage and family therapists, clinical
social workers, and educational psychologists.
(b) The development and administration of licensure examinations
and examination procedures consistent with prevailing standards for
the validation and use of licensing and certification tests.
Examinations shall measure knowledge and abilities demonstrably
important to the safe, effective practice of the profession.
(c) Enforcement of laws designed to protect the public from
incompetent, unethical, or unprofessional practitioners.
(d) Consumer education.
SEC. 412. Section 4990.20 of the
Business and Professions Code is amended to read:
4990.20. (a) The board department
may adopt rules and regulations as necessary to administer and
enforce the provisions of this chapter and the other chapters it
administers and enforces. The adoption, amendment, or repeal of those
rules and regulations shall be made in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
(b) The board department may
formulate and enforce rules and regulations requiring the following:
(1) That the articles of incorporation or bylaws of a marriage and
family therapist or licensed clinical social worker corporation
include a provision whereby the capital stock of that corporation
owned by a disqualified person, as defined in the Moscone-Knox
Professional Corporation Act (Part 4 (commencing with Section 13400)
of Division 3 of Title 1 of the Corporations Code), or a deceased
person shall be sold to the corporation or to the remaining
shareholders of that corporation within the time that the rules and
regulations may provide.
(2) That a marriage and family therapist corporation or a licensed
clinical social worker corporation shall provide adequate security
by insurance or otherwise for claims against it by its patients
arising out of the rendering of professional services.
SEC. 413. Section 4990.22 of the
Business and Professions Code is amended to read:
4990.22. (a) The Behavioral Sciences Fund shall be used for the
purposes of carrying out and enforcing the provisions of this
chapter.
(b) The board department shall keep
records that reasonably ensure that funds expended in the
administration of each licensure or registration category shall bear
a reasonable relation to the revenue derived from each category and
report to the department no later than May 31 of each year on those
expenditures.
(c) Surpluses, if any, may be used by the board
department in a manner that bears a reasonable relation
to the revenue derived from each licensure or registration category
and may include, but not be limited to, expenditures for education
and research related to each of the licensing or registration
categories.
SEC. 414. Section 4990.24 of the
Business and Professions Code is amended to read:
4990.24. The powers and duties of the board,
department as set forth in this chapter, shall be subject
to the review required by Division 1.2 (commencing with Section 473).
SEC. 415. Section 4990.26 of the
Business and Professions Code is amended to read:
4990.26. Wherever "Board of Behavioral Science Examiners," "Board
of Social Work Examiners of the State of California," or "Social
Worker and Marriage Counselor Qualifications Board of the State of
California" is used in any law or regulations of this state, it shall
mean the Board of Behavioral Sciences
Department of Consumer Affairs .
SEC. 416. Section 4990.28 of the
Business and Professions Code is amended to read:
4990.28. The board department may
refuse to issue a registration or license under the chapters it
administers and enforces whenever it appears that the applicant may
be unable to practice his or her profession safely due to mental
illness or chemical dependency. The procedures set forth in Article
12.5 (commencing with Section 820) of Chapter 1 shall apply to denial
of a license or registration pursuant to this section.
SEC. 417. Section 4990.34 of the
Business and Professions Code is amended to read:
4990.34. (a) The board department
may place a license or registration issued under the chapters it
administers and enforces on probation under the following
circumstances:
(1) In lieu of, or in addition to, any order of the board
department suspending or revoking the license
or registration.
(2) Upon the issuance of a license or registration to an
individual who has been guilty of unprofessional conduct but who
otherwise completed all education, training, and experience required
for licensure or registration.
(3) As a condition upon the reissuance or reinstatement of a
license or registration that has been suspended or revoked by the
board department .
(b) The board department may adopt
regulations establishing a monitoring program to ensure compliance
with any terms or conditions of probation imposed by the
board department pursuant to subdivision (a).
The cost of probation or monitoring may be ordered to be paid by the
licensee or registrant.
SEC. 418. Section 4990.36 of the
Business and Professions Code is amended to read:
4990.36. The board, department in
its discretion, may require a licensee or registrant whose license or
registration has been placed on probation or whose license or
registration has been suspended, to obtain additional professional
training and to pass an examination upon completion of that training
and to pay any necessary examination fee. The examination may be
written, oral, or a practical or clinical examination.
SEC. 419. Section 4990.38 of the
Business and Professions Code is amended to read:
4990.38. The board department may
deny an application or may suspend or revoke a license or
registration issued under the chapters it administers and enforces
for any disciplinary action imposed by another state or territory or
possession of the United States, or by a governmental agency on a
license, certificate or registration to practice marriage and family
therapy, clinical social work, educational psychology or any other
healing art. The disciplinary action, which may include denial of
licensure or revocation or suspension of the license or imposition of
restrictions on it, constitutes unprofessional conduct. A certified
copy of the disciplinary action decision or judgment shall be
conclusive evidence of that action.
SEC. 420. Section 4990.40 of the
Business and Professions Code is amended to read:
4990.40. The board department shall
revoke a license or registration issued under the chapters it
administers and enforces upon a decision made in accordance with the
procedures set forth in Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code, that contains
a finding of fact that the licensee or registrant engaged in an act
of sexual contact, as defined in Section 729, when that act is with a
patient or with a former patient when the relationship was
terminated primarily for the purpose of engaging in that act. The
revocation shall not be stayed by the administrative law judge or the
board department .
SEC. 421. Section 4994 of the Business
and Professions Code is amended to read:
4994. All moneys in the Behavioral Sciences Fund shall be
expended by the board department for
the purposes of the programs under its jurisdiction.
SEC. 422. Section 4996.1 of the
Business and Professions Code is amended to read:
4996.1. The board department shall
issue a clinical social worker license to each applicant who
qualifies pursuant to this article and successfully passes a
board department administered written or oral
examination or both examinations. An applicant who has successfully
passed a previously administered written examination may be
subsequently required to take and pass another written examination.
SEC. 423. Section 4996.2 of the
Business and Professions Code is amended to read:
4996.2. Each applicant shall furnish evidence satisfactory to the
board department that he or she
complies with all of the following requirements:
(a) Is at least 21 years of age.
(b) Has received a master's degree from an accredited school of
social work.
(c) Has had two years of supervised post-master's degree
experience, as specified in Section 4996.20, 4996.21, or 4996.23.
(d) Has not committed any crimes or acts constituting grounds for
denial of licensure under Section 480. The board
department shall not issue a registration or license to
any person who has been convicted of any crime in this or another
state or in a territory of the United States that involves sexual
abuse of children or who is required to register pursuant to Section
290 of the Penal Code or the equivalent in another state or
territory.
(e) Has completed adequate instruction and training in the subject
of alcoholism and other chemical substance dependency. This
requirement applies only to applicants who matriculate on or after
January 1, 1986.
(f) Has completed instruction and training in spousal or partner
abuse assessment, detection, and intervention. This requirement
applies to an applicant who began graduate training during the period
commencing on January 1, 1995, and ending on December 31, 2003. An
applicant who began graduate training on or after January 1, 2004,
shall complete a minimum of 15 contact hours of coursework in spousal
or partner abuse assessment, detection, and intervention strategies,
including knowledge of community resources, cultural factors, and
same gender abuse dynamics. Coursework required under this
subdivision may be satisfactory if taken either in fulfillment of
other educational requirements for licensure or in a separate course.
This requirement for coursework shall be satisfied by, and the
board department shall accept in
satisfaction of the requirement, a certification from the chief
academic officer of the educational institution from which the
applicant graduated that the required coursework is included within
the institution's required curriculum for graduation.
(g) Has completed a minimum of 10 contact hours of training or
coursework in human sexuality as specified in Section 1807 of Title
16 of the California Code of Regulations. This training or coursework
may be satisfactory if taken either in fulfillment of other
educational requirements for licensure or in a separate course.
(h) Has completed a minimum of seven contact hours of training or
coursework in child abuse assessment and reporting as specified in
Section 1807.2 of Title 16 of the California Code of Regulations.
This training or coursework may be satisfactory if taken either in
fulfillment of other educational requirements for licensure or in a
separate course.
SEC. 424. Section 4996.3 of the
Business and Professions Code is amended to read:
4996.3. (a) The board department
shall assess the following fees relating to the licensure of clinical
social workers:
(1) The application fee for registration as an associate clinical
social worker shall be seventy-five dollars ($75).
(2) The fee for renewal of an associate clinical social worker
registration shall be seventy-five dollars ($75).
(3) The fee for application for examination eligibility shall be
one hundred dollars ($100).
(4) The fee for the standard written examination shall be a
maximum of one hundred fifty dollars ($150). The fee for the clinical
vignette examination shall be one hundred dollars ($100).
(A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fees.
(B) The amount of the examination fees shall be based on the
actual cost to the board department of
developing, purchasing, and grading each examination and the actual
cost to the board department of
administering each examination. The written examination fees shall be
adjusted periodically by regulation to reflect the actual costs
incurred by the board department .
(5) The fee for rescoring an examination shall be twenty dollars
($20).
(6) The fee for issuance of an initial license shall be a maximum
of one hundred fifty-five dollars ($155).
(7) The fee for license renewal shall be a maximum of one hundred
fifty-five dollars ($155).
(8) The fee for inactive license renewal shall be a maximum of
seventy-seven dollars and fifty cents ($77.50).
(9) The renewal delinquency fee shall be seventy-five dollars
($75). A person who permits his or her license to expire is subject
to the delinquency fee.
(10) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
(11) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
(b) With regard to license, examination, and other fees, the
board department shall establish fee
amounts at or below the maximum amounts specified in this chapter.
SEC. 425. Section 4996.5 of the
Business and Professions Code is amended to read:
4996.5. The board department shall
issue a license to each applicant meeting the requirements of this
article, which license, so long as the annual renewal fees have been
paid, licenses the holder to engage in the practice of clinical
social work as defined in Section 4996.9, entitles the holder to use
the title of licensed clinical social worker, and authorizes the
holder to hold himself or herself out as qualified to perform any of
the functions delineated by this chapter. The form and content of the
license shall be determined by the director in accordance with
Section 164.
SEC. 426. Section 4996.6 of the
Business and Professions Code is amended to read:
4996.6. (a) Licenses issued under this chapter shall expire no
more than 24 months after the issue date. The expiration date of the
original license shall be set by the board
department .
(b) To renew an unexpired license, the licensee shall, on or
before the expiration date of the license, complete the following
actions:
(1) Apply for a renewal on a form prescribed by the board
department .
(2) Pay a two-year renewal fee prescribed by the board
department .
(3) Certify compliance with the continuing education requirements
set forth in Section 4996.22.
(4) Notify the board department
whether he or she has been convicted, as defined in Section 490, of a
misdemeanor or felony, or whether any disciplinary action has been
taken by any regulatory or licensing board in this or any other
state, subsequent to the licensee's last renewal.
(c) To renew an expired license within three years of its
expiration, the licensee shall, as a condition precedent to renewal,
complete all of the actions described in subdivision (b) and pay a
delinquency fee.
(d) A license that is not renewed within three years after its
expiration may not be renewed, restored, reinstated, or reissued
thereafter; however, the licensee may apply for and obtain a new
license if he or she satisfies all of the following requirements:
(1) No fact, circumstance, or condition exists that, if the
license were issued, would justify its revocation or suspension.
(2) He or she submits an application for examination eligibility.
(3) He or she takes and passes the current licensing examinations.
(4) He or she submits the fees for examination eligibility and for
initial license issuance.
SEC. 427. Section 4996.11 of the
Business and Professions Code is amended to read:
4996.11. The board department may
suspend or revoke the license of any person who is guilty on the
grounds set forth in Section 4992.3. The proceedings for the
suspension or revocation of licenses under this article shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the board department shall have all
the powers granted in that chapter.
SEC. 428. Section 4996.17 of the
Business and Professions Code is amended to read:
4996.17. (a) Experience gained outside of California shall be
accepted toward the licensure requirements if it is substantially the
equivalent of the requirements of this chapter.
(b) The board department may issue a
license to any person who, at the time of application, has held a
valid active clinical social work license issued by a board of
clinical social work examiners or corresponding authority of any
state, if the person passes the board
department administered licensing examinations as specified in
Section 4996.1 and pays the required fees. Issuance of the license is
conditioned upon all of the following:
(1) The applicant has supervised experience that is substantially
the equivalent of that required by this chapter. If the applicant has
less than 3,200 hours of qualifying supervised experience, time
actively licensed as a clinical social worker shall be accepted at a
rate of 100 hours per month up to a maximum of 1,200 hours.
(2) Completion of the following coursework or training in or out
of this state:
(A) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
(D) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(3) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
(4) The applicant is not currently under investigation in any
other state, and has not been charged with an offense for any act
substantially related to the practice of social work by any public
agency, entered into any consent agreement or been subject to an
administrative decision that contains conditions placed by an agency
upon an applicant's professional conduct or practice, including any
voluntary surrender of license, or been the subject of an adverse
judgment resulting from the practice of social work that the
board department determines constitutes
evidence of a pattern of incompetence or negligence.
(5) The applicant shall provide a certification from each state
where he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
(6) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
(c) The board department may issue a
license to any person who, at the time of application, has held a
valid, active clinical social work license for a minimum of four
years, issued by a board of clinical social work examiners or a
corresponding authority of any state, if the person passes the
board department administered licensing
examinations as specified in Section 4996.1 and pays the required
fees. Issuance of the license is conditioned upon all of the
following:
(1) Completion of the following coursework or training in or out
of state:
(A) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
(D) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(2) The applicant has been licensed as a clinical social worker
continuously for a minimum of four years prior to the date of
application.
(3) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
(4) The applicant is not currently under investigation in any
other state, and has not been charged with an offense for any act
substantially related to the practice of social work by any public
agency, entered into any consent agreement or been subject to an
administrative decision that contains conditions placed by an agency
upon an applicant's professional conduct or practice, including any
voluntary surrender of license, or been the subject of an adverse
judgment resulting from the practice of social work that the
board department determines constitutes
evidence of a pattern of incompetence or negligence.
(5) The applicant provides a certification from each state where
he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
(6) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
SEC. 429. Section 4996.18 of the
Business and Professions Code is amended to read:
4996.18. (a) A person who wishes to be credited with experience
toward licensure requirements shall register with the board
department as an associate clinical social
worker prior to obtaining that experience. The application shall be
made on a form prescribed by the board
department .
(b) An applicant for registration shall satisfy the following
requirements:
(1) Possess a master's degree from an accredited school or
department of social work.
(2) Have committed no crimes or acts constituting grounds for
denial of licensure under Section 480.
(c) An applicant who possesses a master's degree from a school or
department of social work that is a candidate for accreditation by
the Commission on Accreditation of the Council on Social Work
Education shall be eligible, and shall be required, to register as an
associate clinical social worker in order to gain experience toward
licensure if the applicant has not committed any crimes or acts that
constitute grounds for denial of licensure under Section 480. That
applicant shall not, however, be eligible for examination until the
school or department of social work has received accreditation by the
Commission on Accreditation of the Council on Social Work Education.
(d) Any experience obtained under the supervision of a spouse or
relative by blood or marriage shall not be credited toward the
required hours of supervised experience. Any experience obtained
under the supervision of a supervisor with whom the applicant has a
personal relationship that undermines the authority or effectiveness
of the supervision shall not be credited toward the required hours of
supervised experience.
(e) An applicant who possesses a master's degree from an
accredited school or department of social work shall be able to apply
experience the applicant obtained
during the time the accredited school or department was
in candidacy status by the Commission on Accreditation of the Council
on Social Work Education toward the licensure requirements, if the
experience meets the requirements of Section 4996.20, 4996.21, or
4996.23. This subdivision shall apply retroactively to persons who
possess a master's degree from an accredited school or department of
social work and who obtained experience during the time the
accredited school or department was in candidacy status by the
Commission on Accreditation of the Council on Social Work Education.
(f) An applicant for registration or licensure trained in an
educational institution outside the United States shall demonstrate
to the satisfaction of the board department
that he or she possesses a master's of social work degree that
is equivalent to a master's degree issued from a school or department
of social work that is accredited by the Commission on Accreditation
of the Council on Social Work Education. These applicants shall
provide the board department with a
comprehensive evaluation of the degree and shall provide any other
documentation the board deems necessary. The board
department has the authority to make the final
determination as to whether a degree meets all requirements,
including, but not limited to, course requirements regardless of
evaluation or accreditation.
(g) A registrant shall not provide clinical social work services
to the public for a fee, monetary or otherwise, except as an
employee.
(h) A registrant shall inform each client or patient prior to
performing any professional services that he or she is unlicensed and
is under the supervision of a licensed professional.
SEC. 430. Section 4996.20 of the
Business and Professions Code is amended to read:
4996.20. The experience required by subdivision (c) of Section
4996.2 shall meet the following criteria:
(a) An applicant shall have at least 3,200 hours of post-master's
experience, supervised by a licensed clinical social worker, in
providing clinical social work services consisting of psychosocial
diagnosis; assessment; treatment, including psychotherapy and
counseling; client-centered advocacy; consultation; and evaluation as
permitted by Section 4996.9. For persons applying for licensure on
or after January 1, 1992, this experience shall have been gained in
not less than two nor more than six years and shall have been gained
within the six years immediately preceding the date on which the
application for licensure was filed.
(b) Notwithstanding the requirements of subdivision (a) that 3,200
hours of experience shall be gained under the supervision of a
licensed clinical social worker, up to 1,000 hours of the required
experience may be gained under the supervision of a licensed mental
health professional acceptable to the board
department .
For purposes of this section, "supervision" means responsibility
for and control of the quality of social work services being
provided. Consultation shall not be considered to be supervision.
Supervision shall include at least one hour of direct supervision for
each week of experience claimed. Not less than one-half of the hours
of required supervision shall be individual supervision. The
remaining hours may be group supervision. "Individual supervision"
means one supervisor meets with one supervisee at a time. "Group
supervision" means a supervisor meets with a group of no more than
eight supervisees at a time.
(c) For purposes of this section, a "private practice setting" is
any setting other than a governmental entity, a school, college or
university, a nonprofit and charitable corporation , or a
licensed health facility. Employment in a private practice setting
shall not commence until the applicant has been registered as an
associate clinical social worker. A registrant employed in a private
practice setting shall not:
(1) Pay his or her employer for supervision, and shall receive
fair remuneration from his or her employer.
(2) Receive any remuneration from patients or clients and shall
only be paid by his or her employer.
(3) Perform services at any place except where the registrant's
employer regularly conducts business.
(4) Have any proprietary interest in the employer's business.
(d) A person employed in a setting other than a private practice
setting may obtain supervision from a person not employed by the
registrant's employer if that person has signed a written contract
with the employer to take supervisory responsibility for the
registrant's social work services.
(e) This section shall apply only to persons who apply for
registration on or before December 31, 1998.
SEC. 431. Section 4996.21 of the
Business and Professions Code is amended to read:
4996.21. The experience required by subdivision (c) of Section
4996.2 shall meet the following criteria:
(a) On or after January 1, 1999, an associate shall have at least
3,200 hours of post-master's degree experience in providing clinical
social work services as permitted by Section 4996.9. At least 1,700
of these hours shall be gained under the supervision of a licensed
clinical social worker. The remaining hours of the required
experience may be gained under the supervision of a licensed mental
health professional acceptable to the board
department as defined in a regulation adopted by the
board department . Experience shall consist of
the following:
(1) A minimum of 2,000 hours in psychosocial diagnosis,
assessment, and treatment, including psychotherapy or counseling.
(2) A maximum of 1,200 hours in client-centered advocacy,
consultation, evaluation, and research.
(3) Experience shall have been gained in not less than two nor
more than six years and shall have been gained within the six years
immediately preceding the date on which the application for licensure
was filed.
(b) Supervision means responsibility for and control of the
quality of clinical social work services being provided.
(c) Consultation or peer discussion shall not be considered to be
supervision.
(d) Supervision shall include at least one hour of direct
supervisor contact for a minimum of 104 weeks and shall include at
least one hour of direct supervisor contact for every 10 hours of
client contact in each setting where experience is gained. Of the 104
weeks of required supervision, 52 weeks shall be individual
supervision, and of the 52 weeks of required individual supervision,
not less than 13 weeks shall be supervised by a licensed clinical
social worker. For purposes of this section, "one hour of direct
supervisor contact" means one hour of face-to-face contact on an
individual basis or two hours of face-to-face contact in a group
setting of not more than eight persons.
(e) The supervisor and the associate shall develop a supervisory
plan that describes the goals and objectives of supervision. These
goals shall include the ongoing assessment of strengths and
limitations and the assurance of practice in accordance with the laws
and regulations. The associate shall submit to the board
department the initial original supervisory plan
upon application for licensure.
(f) (1) Experience shall only be gained in a setting that meets
both of the following:
(A) Lawfully and regularly provides clinical social work, mental
health counseling, or psychotherapy.
(B) Provides oversight to ensure that the associate's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in Section 4996.9.
(2) Experience shall not be gained until the applicant has been
registered as an associate clinical social worker.
(3) Employment in a private practice as defined in paragraph (4)
shall not commence until the applicant has been registered as an
associate clinical social worker.
(4) A private practice setting is a setting that is owned by a
licensed clinical social worker, a licensed marriage and family
therapist, a licensed psychologist, a licensed physician and surgeon,
or a professional corporation of any of those licensed professions.
(5) If volunteering, the associate shall provide the
board department with a letter from his or her
employer verifying his or her voluntary status upon application for
licensure.
(6) If employed, the associate shall provide the board
department with copies of his or her W-2 tax
forms for each year of experience claimed upon application for
licensure.
(g) While an associate may be either a paid employee or a
volunteer, employers are encouraged to provide fair remuneration to
associates.
(h) An associate shall not do the following:
(1) Receive any remuneration from patients or clients and shall
only be paid by his or her employer.
(2) Have any proprietary interest in the employer's business.
(i) An associate, whether employed or volunteering, may obtain
supervision from a person not employed by the associate's employer if
that person has signed a written agreement with the employer to take
supervisory responsibility for the associate's social work services.
SEC. 432. Section 4996.22 of the
Business and Professions Code is amended to read:
4996.22. (a) (1) Except as provided in subdivision (c), the
board department shall not renew any
license pursuant to this chapter unless the applicant certifies to
the board department , on a form
prescribed by the board department ,
that he or she has completed not less than 36 hours of approved
continuing education in or relevant to the field of social work in
the preceding two years, as determined by the board
department .
(2) The board department shall not
renew any license of an applicant who began graduate study prior to
January 1, 2004, pursuant to this chapter unless the applicant
certifies to the board department that
during the applicant's first renewal period after the operative date
of this section, he or she completed a continuing education course in
spousal or partner abuse assessment, detection, and intervention
strategies, including community resources, cultural factors, and same
gender abuse dynamics. On and after January 1, 2005, the course
shall consist of not less than seven hours of training. Equivalent
courses in spousal or partner abuse assessment, detection, and
intervention strategies taken prior to the operative date of this
section or proof of equivalent teaching or practice experience may be
submitted to the board department and
at its discretion, may be accepted in satisfaction of this
requirement. Continuing education courses taken pursuant to this
paragraph shall be applied to the 36 hours of approved continuing
education required under paragraph (1).
(b) The board department shall have
the right to audit the records of any applicant to verify the
completion of the continuing education requirement. Applicants shall
maintain records of completion of required continuing education
coursework for a minimum of two years and shall make these records
available to the board for auditing purposes upon request.
(c) The board department may
establish exceptions from the continuing education requirement of
this section for good cause as defined by the board
department .
(d) The continuing education shall be obtained from one of the
following sources:
(1) An accredited school of social work, as defined in Section
4991.2, or a school or department of social work that is a candidate
for accreditation by the Commission on Accreditation of the Council
on Social Work Education. Nothing in this paragraph shall be
construed as requiring coursework to be offered as part of a regular
degree program.
(2) Other continuing education providers, including, but not
limited to, a professional social work association, a licensed health
facility, a governmental entity, a continuing education unit of an
accredited four-year institution of higher learning, and a mental
health professional association, approved by the board.
(e) The board department shall
establish, by regulation, a procedure for approving providers of
continuing education courses, and all providers of continuing
education, as described in paragraphs (1) and (2) of subdivision (d),
shall adhere to the procedures established by the board
department . The board
department may revoke or deny the right of a provider to offer
continuing education coursework pursuant to this section for failure
to comply with the requirements of this section or any regulation
adopted pursuant to this section.
(f) Training, education, and coursework by approved providers
shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the
understanding, or the practice, of social work.
(2) Aspects of the social work discipline in which significant
recent developments have occurred.
(3) Aspects of other related disciplines that enhance the
understanding, or the practice, of social work.
(g) A system of continuing education for licensed clinical social
workers shall include courses directly related to the diagnosis,
assessment, and treatment of the client population being served.
(h) The continuing education requirements of this section shall
comply fully with the guidelines for mandatory continuing education
established by the Department of Consumer Affairs
department pursuant to Section 166.
(i) The board department may adopt
regulations as necessary to implement this section.
(j) The board department shall, by
regulation, fund the administration of this section through
continuing education provider fees to be deposited in the Behavioral
Science Examiners Fund. The fees related to the administration of
this section shall be sufficient to meet, but shall not exceed, the
costs of administering the corresponding provisions of this section.
For purposes of this subdivision, a provider of continuing education
as described in paragraph (1) of subdivision (d) shall be deemed to
be an approved provider.
SEC. 433. Section 4996.23 of the
Business and Professions Code is amended to read:
4996.23. The experience required by subdivision (c) of Section
4996.2 shall meet the following criteria:
(a) All persons registered with the board
department on and after January 1, 2002, shall have at least
3,200 hours of post-master's degree supervised experience providing
clinical social work services as permitted by Section 4996.9. At
least 1,700 hours shall be gained under the supervision of a licensed
clinical social worker. The remaining required supervised experience
may be gained under the supervision of a licensed mental health
professional acceptable to the board
department as defined by a regulation adopted by the
board department . This experience shall consist
of the following:
(1) A minimum of 2,000 hours in clinical psychosocial diagnosis,
assessment, and treatment, including psychotherapy or counseling.
(2) A maximum of 1,200 hours in client-centered advocacy,
consultation, evaluation, and research.
(3) Of the 2,000 clinical hours required in paragraph (1), no less
than 750 hours shall be face-to-face individual or group
psychotherapy provided to clients in the context of clinical social
work services.
(4) A minimum of two years of supervised experience is required to
be obtained over a period of not less than 104 weeks and shall have
been gained within the six years immediately preceding the date on
which the application for licensure was filed.
(5) Experience shall not be credited for more than 40 hours in any
week.
(b) "Supervision" means responsibility for, and control of, the
quality of clinical social work services being provided. Consultation
or peer discussion shall not be considered to be supervision.
(c) (1) Prior to the commencement of supervision, a supervisor
shall comply with all requirements enumerated in Section 1870 of
Title 16 of the California Code of Regulations and shall sign under
penalty of perjury the "Responsibility Statement for Supervisors of
an Associate Clinical Social Worker" form.
(2) Supervised experience shall include at least one hour of
direct supervisor contact for a minimum of 104 weeks. In addition, an
associate shall receive an average of at least one hour of direct
supervisor contact for every week in which more than 10 hours of
face-to-face psychotherapy is performed in each setting experience is
gained. No more than five hours of supervision, whether individual
or group, shall be credited during any single week. Of the 104 weeks
of required supervision, 52 weeks shall be individual supervision,
and of the 52 weeks of required individual supervision, not less than
13 weeks shall be supervised by a licensed clinical social worker.
For purposes of this section, "one hour of direct supervisor contact"
means one hour of face-to-face contact on an individual basis or two
hours of face-to-face contact in a group of not more than eight
persons receiving supervision.
(d) The supervisor and the associate shall develop a supervisory
plan that describes the goals and objectives of supervision. These
goals shall include the ongoing assessment of strengths and
limitations and the assurance of practice in accordance with the laws
and regulations. The associate shall submit to the board
department the initial original supervisory plan
upon application for licensure.
(e) Experience shall only be gained in a setting that meets both
of the following:
(1) Lawfully and regularly provides clinical social work, mental
health counseling, or psychotherapy.
(2) Provides oversight to ensure that the associate's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in Section 4996.9.
(f) Experience shall not be gained until the applicant has been
registered as an associate clinical social worker.
(g) Employment in a private practice as defined in subdivision (h)
shall not commence until the applicant has been registered as an
associate clinical social worker.
(h) A private practice setting is a setting that is owned by a
licensed clinical social worker, a licensed marriage and family
therapist, a licensed psychologist, a licensed physician and surgeon,
or a professional corporation of any of those licensed professions.
(i) If volunteering, the associate shall provide the
board department with a letter from his or her
employer verifying his or her voluntary status upon application for
licensure.
(j) If employed, the associate shall provide the board
department with copies of his or her W-2 tax
forms for each year of experience claimed upon application for
licensure.
(k) While an associate may be either a paid employee or volunteer,
employers are encouraged to provide fair remuneration to associates.
( ) Associates shall not do the following:
(1) Receive any remuneration from patients or clients and shall
only be paid by his or her employer.
(2) Have any proprietary interest in the employer's business.
(m) An associate, whether employed or volunteering, may obtain
supervision from a person not employed by the associate's employer if
that person has signed a written agreement with the employer to take
supervisory responsibility for the associate's social work services.
(n) Notwithstanding any other provision of law, associates and
applicants for examination shall receive a minimum of one hour of
supervision per week for each setting in which he or she is working.
SEC. 434. Section 4996.25 of the
Business and Professions Code is amended to read:
4996.25. (a) Any applicant for licensure as a licensed clinical
social worker who began graduate study on or after January 1, 2004,
shall complete, as a condition of licensure, a minimum of 10 contact
hours of coursework in aging and long-term care, which could include,
but is not limited to, the biological, social, and psychological
aspects of aging.
(b) Coursework taken in fulfillment of other educational
requirements for licensure pursuant to this chapter, or in a separate
course of study, may, at the discretion of the board
department , fulfill the requirements of this
section.
(c) In order to satisfy the coursework requirement of this
section, the applicant shall submit to the board
department a certification from the chief academic officer
of the educational institution from which the applicant graduated
stating that the coursework required by this section is included
within the institution's required curriculum for graduation, or
within the coursework, that was completed by the applicant.
(d) The board department shall not
issue a license to the applicant until the applicant has met the
requirements of this section.
SEC. 435. Section 4996.26 of the
Business and Professions Code is amended to read:
4996.26. (a) A licensee who began graduate study prior to January
1, 2004, shall complete a three-hour continuing education course in
aging and long-term care during his or her first renewal period after
the operative date of this section, and shall submit to the
board department evidence acceptable to the
board department of the person's
satisfactory completion of the course.
(b) The course shall include, but is not limited to, the
biological, social, and psychological aspects of aging.
(c) Any person seeking to meet the requirements of subdivision (a)
of this section may submit to the board
department a certificate evidencing completion
of equivalent courses in aging and long-term care taken prior to the
operative date of this section, or proof of equivalent teaching or
practice experience. The board department
, in its discretion, may accept that certification as meeting
the requirements of this section.
(d) The board department may not
renew an applicant's license until the applicant has met the
requirements of this section.
(e) Continuing education courses taken pursuant to this section
shall be applied to the 36 hours of approved continuing education
required in Section 4996.22.
(f) This section shall become operative on January 1, 2005.
SEC. 436. Section 4996.28 of the
Business and Professions Code is amended to read:
4996.28. (a) Registration as an associate clinical social worker
shall expire one year from the last day of the month during which it
was issued. To renew a registration, the registrant shall, on or
before the expiration date of the registration, complete all of the
following actions:
(1) Apply for renewal on a form prescribed by the board
department .
(2) Pay a renewal fee prescribed by the board
department .
(3) Notify the board department
whether he or she has been convicted, as defined in Section 490, of a
misdemeanor or felony, and whether any disciplinary action has been
taken by a regulatory or licensing board in this or any other state,
subsequent to the last renewal of the registration.
(b) A registration as an associate clinical social worker may be
renewed a maximum of five times. When no further renewals are
possible, an applicant may apply for and obtain a new associate
clinical social worker registration if the applicant meets all
requirements for registration in effect at the time of his or her
application for a new associate clinical social worker registration.
SEC. 437. Section 4996.65 of the
Business and Professions Code is amended to read:
4996.65. In addition to the fees charged pursuant to Section
4996.6 for the biennial renewal of a license, the board
department shall collect an additional fee of
ten dollars ($10) at the time of renewal. The board
department shall transfer this amount to the
Controller who shall deposit the funds in the Mental Health
Practitioner Education Fund.
SEC. 438. Section 4997 of the Business
and Professions Code is amended to read:
4997. (a) A licensee may apply to the board
department to request that his or her license be placed on
inactive status.
(b) A licensee on inactive status shall be subject to this chapter
and shall not engage in the practice of clinical social work in this
state.
(c) A licensee who holds an inactive license shall pay a biennial
fee in the amount of one-half of the standard renewal fee and shall
be exempt from continuing education requirements.
(d) A licensee on inactive status who has not committed an act or
crime constituting grounds for denial of licensure may, upon request,
restore his or her license to practice clinical social work to
active status.
(1) A licensee requesting his or her license be restored to active
status between renewal cycles shall pay the remaining one-half of
his or her renewal fee.
(2) A licensee requesting to restore his or her license to active
status whose license will expire less than one year from the date of
the request shall complete 18 hours of continuing education as
specified in Section 4996.22.
(3) A licensee requesting to restore his or her license to active
status whose license will expire more than one year from the date of
the request shall complete 36 hours of continuing education as
specified in Section 4996.22.
SEC. 439. Section 5000 of the Business
and Professions Code is repealed.
5000. There is in the Department of Consumer Affairs the
California Board of Accountancy, which consists of 15 members, seven
of whom shall be licensees, and eight of whom shall be public members
who shall not be licentiates of the board or registered by the
board. The board has the powers and duties conferred by this chapter.
The Governor shall appoint four of the public members, and the
seven licensee members as provided in this section. The Senate Rules
Committee and the Speaker of the Assembly shall each appoint two
public members. In appointing the seven licensee members, the
Governor shall appoint members representing a cross section of the
accounting profession with at least two members representing a small
public accounting firm. For the purposes of this chapter, a small
public accounting firm shall be defined as a professional firm that
employs a total of no more than four licensees as partners,
owners, or full-time employees in
the practice of public accountancy within the State of California.
This section shall become inoperative on July 1, 2011, and as of
January 1, 2012, is repealed, unless a later enacted statute, that
becomes effective on or before January 1, 2012, deletes or extends
the dates on which this section becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473). However, the
review of the board shall be limited to reports or studies specified
in this chapter and those issues identified by the Joint Committee on
Boards, Commissions, and Consumer Protection and the board regarding
the implementation of new licensing requirements.
SEC. 440. Section 5000 is added to the
Business and Professions Code , to read:
5000. Any reference to the "board" in this chapter, or to the
California Board of Accountancy in any law or regulation, shall refer
to the Department of Consumer Affairs or the Director of the
Department of Consumer Affairs, as indicated by the context.
SEC. 441. Section 5000.1 of the
Business and Professions Code is repealed.
5000.1. Protection of the public shall be the highest priority
for the California Board of Accountancy in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
SEC. 442. Section 5000.5 of the
Business and Professions Code is repealed.
5000.5. No public member shall be a current or former licensee of
the board or an immediate family member of a licensee, or be
currently or formerly employed by a public accounting firm,
bookkeeping firm, or firm engaged in providing tax preparation as its
primary business, or have any financial interest in the business of
a licensee. Each public member shall meet all of the requirements for
public membership on the board as set forth in Chapter 6 (commencing
with Section 450) of Division 1.
SEC. 443. Section 5001 of the Business
and Professions Code is repealed.
5001. (a) Except as provided in subdivision (b), each member of
the board, except the public members, shall be actively engaged in
the practice of public accountancy and shall have been so engaged for
a period of not less than five years preceding the date of his
appointment. Each member shall be a citizen of the United States and
a resident of this state for at least five years next preceding his
appointment, and shall be of good character. Within 30 days after
their appointment, the members of the board shall take and subscribe
to the oath of office as prescribed by the Government Code and shall
file the same with the Secretary of State.
(b) One licensee member appointed by the Governor may be an active
educator within a program that emphasizes the study of accounting
within a college, university, or four-year educational institution.
SEC. 444. Section 5002 of the Business
and Professions Code is repealed.
5002. Each member shall be appointed for a term of four years and
shall hold office until the appointment and qualification of his
successor or until one year shall have elapsed since the expiration
of the term for which he was appointed, whichever first occurs.
Vacancies occurring shall be filled by appointment for the
unexpired term of a person licensed in the same capacity as the
person being replaced. No person shall serve more than two terms
consecutively. The Governor shall remove from the board any member,
except a public member, whose permit to practice has become void,
revoked or suspended. The Governor may, after hearing, remove any
member of the board for neglect of duty or other just cause.
SEC. 445. Section 5003 of the Business
and Professions Code is repealed.
5003. The officers of the board are a president, vice president
and a secretary-treasurer.
SEC. 446. Section 5004 of the Business
and Professions Code is repealed.
5004. The president, vice president, and secretary-treasurer
shall be elected by the board for a term of one year from among its
members at the time of the annual meeting. The newly elected
president, vice president, and secretary-treasurer shall assume the
duties of their respective offices at the conclusion of the annual
meeting at which they were elected.
SEC. 447. Section 5006 of the Business
and Professions Code is repealed.
5006. The officers of the board shall continue in office until
their successors are elected and qualify.
SEC. 448. Section 5007 of the Business
and Professions Code is repealed.
5007. The president shall preside at all meetings of the board,
and in the event of his absence or inability to act, the vice
president shall preside. Other duties of the president, vice
president, and the duties of the secretary-treasurer, shall be such
as the board may prescribe.
SEC. 449. Section 5008 of the Business
and Professions Code is amended to read:
5008. The board department shall,
from time to time, but not less than twice each year, prepare and
distribute to all licensees, a report of the relevant
activities of the board department ,
including amendments to this chapter and regulations adopted by the
board department , and may likewise
distribute reports of other matters of interest to the public and to
practitioners.
SEC. 450. Section 5009 of the Business
and Professions Code is amended to read:
5009. The board department shall
compile and maintain, or may have compiled and maintained on its
behalf, a register of licensees that contains information that the
board department determines is
necessary for the purposes for which the board
department was established. The board
department shall make the register available to any
licensee and to the public.
SEC. 451. Section 5010 of the Business
and Professions Code is amended to read:
5010. The board department may
adopt, repeal, or amend such regulations as may be reasonably
necessary and expedient for the orderly conduct of its affairs and
for the administration of this chapter. The regulations shall be
adopted in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 452. Section 5011 of the Business
and Professions Code is repealed.
5011. The board shall designate the location of its principal
office and may establish branch offices in other locations.
SEC. 453. Section 5012 of the Business
and Professions Code is repealed.
5012. The board shall have a seal.
SEC. 454. Section 5013 of the Business
and Professions Code is amended to read:
5013. The board department shall
keep records of all proceedings and actions by and before the
board department and before its
committees. In any proceeding in court, civil or criminal, copies of
those records certified as correct by the executive officer
of the board director under seal of the
board department shall be admissible in
evidence and shall be prima facie evidence of the correctness of the
contents thereof.
SEC. 455. Section 5015 of the Business
and Professions Code is amended to read:
5015. The board department may
employ clerks, examiners and, except as provided by Section 159.5,
other assistants in the performance of its duties, and pay salaries
and necessary expenses.
SEC. 456. Section 5015.6 of the
Business and Professions Code is repealed.
5015.6. The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board and
vested in him or her by this chapter.
This section shall become inoperative on July 1, 2011, and, as of
January 1, 2012, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2012, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 457. Section 5016 of the Business
and Professions Code is repealed.
5016. A majority of the board shall constitute a quorum for the
transaction of any business at any meeting of the board for which a
notice of at least seven days is given by the president or executive
officer. Notice of meetings may be waived in writing either before or
after the meeting by unanimous consent of all members. The board
shall meet at the call of the president and executive officer, but
not less than twice each year. Any two members of the board may
request the executive officer to call a special meeting, and the
executive officer, upon receiving that notice, shall call a meeting
pursuant to the procedure prescribed herein.
SEC. 458. Section 5017 of the Business
and Professions Code is repealed.
5017. All meetings of the board shall be open and public, except
that the board may hold executive sessions to deliberate on the
decision to be reached upon the evidence introduced in a proceeding
conducted in accordance with Chapter 5 (commencing with Section
11500), Part 1, Division 3, Title 2, of the Government Code.
The members of the board may hold executive sessions to prepare,
approve, grade, or administer examinations and shall have
jurisdiction or vote over these functions of preparing, approving,
grading, or administering examinations in executive session as
provided for in Section 11126 of the Government Code.
SEC. 459. Section 5018 of the Business
and Professions Code is amended to read:
5018. The board department may by
regulation, prescribe, amend, or repeal rules of professional conduct
appropriate to the establishment and maintenance of a high standard
of integrity and dignity in the profession. In addition to the
requirements contained in Chapter 4 (commencing with Section 11370)
of Part 1 of Division 3 of Title 2 of the Government Code, a copy of
the rules shall be mailed to every holder of a license under this
chapter at least 30 days prior to a date named for a public hearing
held for the purpose of receiving and considering objections to any
of the proposed provisions. Every licensee of the California
Board of Accountancy department under this chapter
in this state shall be governed and controlled by the rules and
standards adopted by the board department
.
SEC. 460. Section 5020 of the Business
and Professions Code is amended to read:
5020. The board director may, for
the purpose of obtaining technical expertise, appoint an
administrative committee of not more than 13 licensees to provide
advice and assistance related to the functions specified in Section
5103. The committee shall act only in an advisory capacity, shall
have no authority to initiate any disciplinary action against a
licensee, and shall only be authorized to report its findings from
any investigation or hearing conducted pursuant to this section to
the board, or upon direction of the board, to the executive
officer director .
SEC. 461. Section 5022 of the Business
and Professions Code is amended to read:
5022. The committee shall make recommendations and forward its
report to the board director for action
on any matter on which it is authorized to act. Any applicant for
registration as a certified public accountant who is aggrieved by any
action taken by the committee with respect to his or her
qualifications may appeal to the board
director in accordance with rules or regulations prescribed by
the board department . The
board director on the appeal may give an oral or
written examination as an aid in determining whether the applicant
is qualified under the terms of this chapter.
SEC. 462. Section 5023 of the Business
and Professions Code is amended to read:
5023. The board director may
establish an advisory committee of its own
certified public accountant members or other certified public
accountants of the state in good standing, to perform either of the
following advisory duties:
(a) To examine all applicants for the license of certified public
accountant.
(b) To recommend to the board director
applicants for the certified public accountant license who
fulfill the requirements of this chapter.
SEC. 463. Section 5024 of the Business
and Professions Code is amended to read:
5024. The board director may create
and appoint other advisory committees consisting of public
accountants or certified public accountants of this state in good
standing and who need not be members of the board
for the purpose of making recommendations on matters as may be
specified by the board director .
SEC. 464. Section 5025.1 of the
Business and Professions Code is amended to read:
5025.1. (a) The board department
may contract with and employ certified public accountants and public
accountants as consultants and experts to assist in the investigation
and prosecution of judicial and administrative matters.
(b) Contracts made pursuant to this section are not subject to
Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of
Division 5 of Title 2 of the Government Code, except that the
board department shall apply the
standards set forth in Section 19130 in awarding personal service
contracts under this section.
(c) Notwithstanding any other provision of law, the board
department may contract with these consultants
and experts on a sole source basis.
(d) If a person, not a regular employee of the board
department , is hired or under contract to
provide expertise to the board director
in the evaluation of the conduct of a licensee, and that person is
named as a defendant in a civil action for defamation, tortious
interference with prospective business advantage, or other civil
causes of action directly resulting from opinions rendered,
statements made, or testimony given to the board
department , its committees, staff, legal counsel, or
other representatives, or in any proceeding instituted by the
board department or to which the
board department is a party, the
board department shall provide for
representation required to defend that person in that civil action
and shall indemnify that person for any judgment rendered against him
or her. This right of defense and indemnification shall be the same
as, and no greater than, the right provided to a public employee
pursuant to Section 825 of the Government Code. Nothing herein shall
be construed as expanding or limiting any immunity from liability
otherwise provided by law.
(e) On Notwithstanding Sectio n
7550.5 of the Government Code, on or before June 1 of each
year, the board department shall report
to the appropriate policy and fiscal committees of each house of the
Legislature the terms of the contract or contracts entered into each
fiscal year pursuant to this section. The report shall include the
cost, services, terms and duration provided under each contract, the
identity of the firms or individuals awarded any contract, and data
demonstrating the cost effectiveness of the board's
department's sole-source contracting in the
investigation and prosecution of the board's
department's enforcement programs.
SEC. 465. Section 5025.2 of the
Business and Professions Code is repealed.
5025.2. (a) The Legislature finds that there are occasions when
the California Board of Accountancy urgently requires additional
expenditure authority in order to fund unanticipated enforcement and
litigation activities. Without sufficient expenditure authority to
obtain the necessary additional resources for urgent litigation and
enforcement matters, the board is unable to adequately protect the
public. Therefore, it is the intent of the Legislature that, apart
from, and in addition to, the expenditure authority that may
otherwise be established, the California Board of Accountancy shall
be given the increase in its expenditure authority in any given
current fiscal year that is authorized by the Department of Finance
pursuant to the provisions of subdivision (b) of this section, for
costs and services in urgent litigation and enforcement matters,
including, but not limited to, costs for professional and consulting
services and for the services of the Attorney General and the Office
of Administrative Hearings.
(b) Notwithstanding Control Section 27.00 of the annual Budget
Act, Section 11006 of the Government Code, and the amount listed in
the annual Budget Act for expenditure, the Department of Finance
shall authorize up to two million dollars ($2,000,000) in additional
expenditures for the California Board of Accountancy upon a showing
by the board that those funds are necessary for public protection and
that the shortfall was not anticipated. These additional
expenditures shall be payable from the Accountancy Fund for purposes
of the board's litigation or enforcement activities in any given
current fiscal year.
SEC. 466. Section 5025.3 of the
Business and Professions Code is repealed.
5025.3. (a) Whenever the board enters into a contract for
litigation or enforcement purposes, including, but not limited to,
contracts pursuant to Section 5025.1, funds may be encumbered in the
fiscal year the contract is executed and expended at any time during
the subsequent 24 months commencing with the last day of the fiscal
year in which the contract is executed.
(b) Notwithstanding Section 13340 of the Government Code, funds
encumbered for a contract pursuant to subdivision (a) of this section
are continuously appropriated without regard to fiscal year,
however, the appropriation is limited to the period for which funds
are authorized to be encumbered under subdivision (a).
SEC. 467. Section 5026 of the Business
and Professions Code is amended to read:
5026. The Legislature has determined it is in the public interest
to require that certified public accountants and public accountants
licensed under provisions of this chapter comply with continuing
education requirements adopted by the board
department as a prerequisite to the renewal of public
accountancy licenses on and after December 31, 1974.
SEC. 468. Section 5027 of the Business
and Professions Code is amended to read:
5027. The board department shall by
regulation prescribe, amend, or repeal rules including, but not
limited to, all of the following:
(a) A definition of basic requirements for continuing education.
(b) A licensee who plans, directs, or approves any financial or
compliance audit report on any governmental agency shall complete a
minimum of 24 hours of qualifying continuing education in the area of
governmental accounting and auditing or related subjects during the
two-year license renewal period.
(c) A licensee who provides audit, review, other attestation
services, or issues compiled financial statement reports shall,
during the two-year license renewal period, complete a minimum of 24
hours of qualifying continuing education in the area of accounting
and auditing related to reporting on financial statements.
(d) A licensee with a valid permit to practice public accountancy
shall, within a six-year period, complete a continuing education
course on the provisions of this chapter and the rules of
professional conduct.
(e) A licensee on inactive status shall complete the continuing
education course required by subdivision (d) prior to reentering
public practice.
(f) A delineation of qualifying programs for maintaining
competency.
(g) A system of control and compliance reporting.
In exercising its power under this section for the interests of
consumer protection, the board department
shall establish standards which will assure reasonable currency
of knowledge as a basis for a high standard of practice by
licensees. The standards shall be established in a manner to assure
that a variety of alternatives are available to licensees to comply
with the continuing education requirements for renewal of licenses
and taking cognizance of specialized areas of practice.
SEC. 469. Section 5028 of the Business
and Professions Code is amended to read:
5028. The board director may, in
accordance with the intent of this article, make exceptions from
continuing education requirements for licensees not engaged in public
practice, or for reasons of health, military service, or other good
cause; provided, however, that if such licensee returns to the
practice of public accounting he or she shall meet such
continuing education requirements as the board
department may determine.
SEC. 470. Section 5029 of the Business
and Professions Code is amended to read:
5029. The board director may
establish an advisory continuing education committee of nine members,
six of whom shall be certified public accountants, two of
whom shall be board members, one of whom is a public member
of the board , and one of whom shall be a public
accountant, to perform any of the following duties:
(a) To evaluate programs and advise the board
director as to whether they qualify under the regulations
adopted by the board department
pursuant to subdivision (f) of Section 5027. Educational courses
offered by professional accounting societies shall be accepted by the
board department as qualifying if the
courses are approved by the committee as meeting the requirements of
the board department under the
regulations.
(b) To consider applications for exceptions as permitted under
Section 5028 and provide a recommendation to the board
department .
(c) To consider other advisory matters relating to the
requirements of this article as the board
director may assign to the committee.
SEC. 471. Section 5030 of the Business
and Professions Code is repealed.
5030. "Board" means the California Board of Accountancy.
SEC. 472. Section 5084 of the Business
and Professions Code is amended to read:
5084. For applicants seeking licensure pursuant to subdivision
(b) of Section 5090, the board department
shall grant one year's credit toward fulfillment of its public
accounting experience requirement to a graduate of a college who has
completed a four-year course with 45 or more semester units or the
equivalent thereof in the study of accounting and related business
administration subjects, of which at least 20 semester units or the
equivalent thereof shall be in the study of accounting.
The members of the board department
shall prescribe rules establishing the character and variety of
experience necessary to fulfill the experience requirements set forth
in this section.
This section shall remain in effect only until January 1, 2010,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2010, deletes or extends that date.
SEC. 473. Section 5133 of the Business
and Professions Code is amended to read:
5133. All money in the Accountancy Fund is hereby appropriated to
the California Board of Accountancy
Department of Consumer Affairs to carry out the provisions of
this chapter. Each member of the board and each member of
a committee shall receive a per diem and expenses as
provided in Section 103.
SEC. 474. Section 5150 of the Business
and Professions Code is amended to read:
5150. An accountancy corporation is a corporation which is
registered with the California Board of Accountancy
Department of Consumer Affairs and has a
currently effective certificate of registration from the
board department pursuant to the Moscone-Knox
Professional Corporation Act, as contained in Part 4 (commencing with
Section 13400) of Division 3 of Title 1 of the Corporations Code,
and this article. Subject to all applicable statutes, rules and
regulations, an accountancy corporation is entitled to practice
accountancy. With respect to an accountancy corporation, the
governmental agency referred to in the Moscone-Knox Professional
Corporation Act is the California Board of Accountancy
Department of Consumer Affairs .
SEC. 475. Section 5502 of the Business
and Professions Code is repealed.
5502. As used in this chapter, board refers to the California
Architects Board.
SEC. 476. Section 5502 is added to the
Business and Professions Code , to read:
5502. Any reference to "board" in this chapter, or to the
California Architects Board or the California Board of Architectural
Examiners in any law
or regulation, shall refer to the Department of Consumer Affairs,
or if specified or if the context otherwise indicates, shall refer to
the Director of the Department of Consumer Affairs.
SEC. 477. Section 5510 of the Business
and Professions Code is repealed.
5510. There is in the Department of Consumer Affairs a California
Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural
Examiners shall mean the California Architects Board.
This section shall become inoperative on July 1, 2011, and, as of
January 1, 2012, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2012, deletes or extends
the dates on which it becomes inoperative and is repealed. The repeal
of this section renders the board subject to the review required by
Division 1.2 (commencing with Section 473).
SEC. 478. Section 5514 of the Business
and Professions Code is repealed.
5514. The membership of the board shall be composed of 10
members, five of whom shall be architects and five of whom shall be
public members.
The five professional members of the board shall be selected from
architects in good standing who have been licensed and in practice in
this state for at least five years at the time of appointment, all
of whom shall be residents and in practice in California.
The public members of the board shall not be licensees of the
board.
This section shall become operative on January 1, 1988.
SEC. 479. Section 5515 of the Business
and Professions Code is repealed.
5515. Every person appointed shall serve for four years and until
the appointment and qualification of his or her successor or until
one year shall have elapsed since the expiration of the term for
which he or she was appointed, whichever first occurs.
No person shall serve as a member of the board for more than two
consecutive terms.
Vacancies occurring prior to the expiration of the term shall be
filled by appointment for the unexpired term.
Each appointment shall expire on June 30 of the fourth year
following the year in which the previous term expired.
The Governor shall appoint three of the public members and the
five licensed members qualified as provided in Section 5514. The
Senate Rules Committee and the Speaker of the Assembly shall each
appoint a public member.
SEC. 480. Section 5516 of the Business
and Professions Code is repealed.
5516. Each member of the board shall receive a per diem and
expenses as provided in Section 103.
SEC. 481. Section 5517 of the Business
and Professions Code is repealed.
5517. The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board and
vested in him or her by this chapter.
This section shall become inoperative on July 1, 2011, and, as of
January 1, 2012, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2012, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 482. Section 5518 of the Business
and Professions Code is repealed.
5518. The board shall elect from its members a president, a vice
president, and a secretary to hold office for one year, or until
their successors are duly elected and qualified.
SEC. 483. Section 5520 of the Business
and Professions Code is repealed.
5520. The board shall adopt a seal for its own use. The seal used
shall have the words, "State Board of Architectural Examiners"
inscribed thereon.
The executive officer shall have the care and custody of the seal.
SEC. 484. Section 5521 of the Business
and Professions Code is repealed.
5521. The executive officer shall keep an accurate record of all
proceedings of the board.
SEC. 485. Section 5522 of the Business
and Professions Code is repealed.
5522. The board shall meet at least once each calendar quarter
for the purpose of transacting such business as may lawfully come
before it.
The board may hold meetings at such other times and at such places
as it may designate.
SEC. 486. Section 5523 of the Business
and Professions Code is repealed.
5523. Special meetings of the board shall be called by the
executive officer upon the written notice of four members by giving
each member of the board 10 days' written notice of the time and
place of the meeting.
SEC. 487. Section 5524 of the Business
and Professions Code is repealed.
5524. Six of the members of the board constitute a quorum of the
board for the transaction of business. The concurrence of five
members of the board present at a meeting duly held at which a quorum
is present shall be necessary to constitute an act or decision of
the board, except that when all 10 members of the board are present
at a meeting duly held, the concurrence of six members shall be
necessary to constitute an act or decision of the board.
SEC. 488. Section 5525 of the Business
and Professions Code is amended to read:
5525. The board director may
prosecute all persons guilty of violating the provisions of this
chapter. Except as provided in Section 159.5, the board
director may employ inspectors, special agents,
investigators, and such clerical assistants as it may deem necessary
to carry into effect the provisions of this chapter. It may also fix
the compensation to be paid for such services and incur such
additional expense as may be deemed necessary.
SEC. 489. Section 5526 of the Business
and Professions Code is amended to read:
5526. (a) The board department
shall adopt rules and regulations governing the examination of
applicants for licenses to practice architecture in this state.
(b) The board department may, by
rule or regulation, adopt rules of professional conduct that are not
inconsistent with state or federal law. Every person who holds a
license issued by the board department
shall be governed and controlled by these rules.
(c) The board department may adopt
other rules and regulations as may be necessary and proper.
(d) The board department may, from
time to time, repeal, amend, or modify rules and regulations adopted
under this section. No rule or regulation shall be inconsistent with
this chapter.
(e) The board department shall
adopt, by regulation, a system as described in Section 125.9 for the
issuance to a licensee of a citation and a system as described in
Section 148 for the issuance of an administrative citation to an
unlicensed person who is acting in the capacity of a licensee or
registrant under the jurisdiction of the board
department .
(f) The adoption, repeal, amendment, or modification of these
rules and regulations shall be made in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
SEC. 490. Section 5528 of the Business
and Professions Code is amended to read:
5528. (a) The board department may
select and contract with necessary architect consultants who are
licensed architects to assist it in its enforcement program on an
intermittent basis. The architect consultants shall perform only
those services that are necessary to carry out and enforce this
chapter.
(b) For the purposes of Division 3.6 (commencing with Section 810)
of Title 1 of the Government Code, any consultant under contract
with the board director pursuant to this
section shall be considered a public employee.
SEC. 491. Section 5620 of the Business
and Professions Code is amended to read:
5620. The duties, powers, purposes, responsibilities,
and jurisdiction of the California State Board of Landscape
Architects that were succeeded to and vested with the Department of
Consumer Affairs in accordance with Chapter 908 of the Statutes of
1994 are hereby transferred to the California Architects Board. The
Legislature finds that the purpose for the transfer of power is to
promote and enhance the efficiency of state government and that
assumption of the powers and duties by the California Architects
Board shall not be viewed or construed as a precedent for the
establishment of state regulation over a profession or vocation that
was not previously regulated by a board, as defined in Section 477.
(a) There is in the Department of Consumer Affairs a California
Architects Board as defined in Article 2 (commencing with Section
5510) of Chapter 3.
Whenever in this chapter "board" is used it refers to the
California Architects Board.
(b) Except as provided herein, the board may delegate its
authority under this chapter to the Landscape Architects Technical
Committee.
(c) After review of proposed regulations, the board may direct the
examining committee to notice and conduct hearings to adopt, amend,
or repeal regulations pursuant to Section 5630, provided that the
board itself shall take final action to adopt, amend, or repeal those
regulations.
(d) The board shall not delegate its authority to discipline a
landscape architect or to take action against a person who has
violated this chapter.
(a) Any reference to the "board" or
"executive officer" in this chapter, or to the California State Board
of Landscape Architects, the California Architects Board, or the
California Board of Architectural Examiners, shall refer to the
Department of Consumer Affairs, or if specified or if the context
otherwise indicates, shall refer to the Director of Consumer Affairs.
(e)
(b) This section shall become inoperative on
July 1, 2011, and, as of January 1, 2012, is repealed, unless a
later enacted statute, that becomes operative on or before January 1,
2012, deletes or extends the dates on which it becomes inoperative
and is repealed.
SEC. 492. Section 5620.1 of the
Business and Professions Code is repealed.
5620.1. Protection of the public shall be the highest priority
for the Landscape Architects Technical Committee in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
SEC. 493. Section 5621 of the Business
and Professions Code is repealed.
5621. (a) There is hereby created within the jurisdiction of the
board, a Landscape Architects Technical Committee, hereinafter
referred to in this chapter as the landscape architects committee.
(b) The landscape architects committee shall consist of five
members who shall be licensed to practice landscape architecture in
this state. The Governor shall appoint three of the members. The
Senate Committee on Rules and the Speaker of the Assembly shall
appoint one member each.
(c) The initial members to be appointed by the Governor are as
follows: one member for a term of one year; one member for a term of
two years; and one member for a term of three years. The Senate
Committee on Rules and the Speaker of the Assembly shall initially
each appoint one member for a term of four years. Thereafter,
appointments shall be made for four-year terms, expiring on June 1 of
the fourth year and until the appointment and qualification of his
or her successor or until one year shall have elapsed whichever first
occurs. Vacancies shall be filled for the unexpired term.
(d) No person shall serve as a member of the landscape architects
committee for more than two consecutive terms.
(e) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 494. Section 5622 of the Business
and Professions Code is repealed.
5622. (a) The landscape architects committee may assist the board
in the examination of candidates for a landscape architect's license
and, after investigation, evaluate and make recommendations
regarding potential violations of this chapter.
(b) The landscape architects committee may investigate, assist,
and make recommendations to the board regarding the regulation of
landscape architects in this state.
(c) The landscape architects committee may perform duties and
functions that have been delegated to it by the board pursuant to
Section 5620.
(d) The landscape architects committee may send a representative
to all meetings of the full board to report on the committee's
activities.
(e) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 495. Section 5624 of the Business
and Professions Code is repealed.
5624. Each member of the landscape architects committee shall
receive per diem and expenses, as provided in Section 103.
SEC. 496. Section 5626 of the Business
and Professions Code is repealed.
5626. The executive officer shall keep an accurate record of all
proceedings of the landscape architects committee.
SEC. 497. Section 6710 of the Business
and Professions Code is repealed.
6710. (a) There is in the Department of Consumer Affairs a Board
for Professional Engineers and Land Surveyors, which consists of 13
members.
(b) Any reference in any law or regulation to the Board of
Registration for Professional Engineers and Land Surveyors is deemed
to refer to the Board for Professional Engineers and Land Surveyors.
(c) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes effective on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 498. Section 6710 is added to the
Business and Professions Code , to read:
6710. Any reference to the "board" in this chapter, or to the
Board of Registration for Professional Engineers and Land Surveyors
or to the Board for Professional Engineers and Land Surveyors in any
law or regulation, shall refer to the Department of Consumer Affairs,
or if specified or if the context otherwise indicates, shall refer
to the Director of the Department of Consumer Affairs.
SEC. 499. Section 6711 of the Business
and Professions Code is repealed.
6711. Each member of the board shall be a citizen of the United
States. Five members shall be registered under this chapter. One
member shall be licensed under the Land Surveyors' Act, Chapter 15
(commencing with Section 8700) of this division, and seven shall be
public members who are not registered under this act or licensed
under the Land Surveyors' Act. Each member, except the public
members, shall have at least 12 years active experience and shall be
of good standing in his profession. Each member shall be at least 30
years of age, and shall have been a resident of this state for at
least five years immediately preceding his appointment.
SEC. 500. Section 6712 of the Business
and Professions Code is repealed.
6712. (a) All appointments to the board shall be for a term of
four years. Vacancies shall be filled by appointment for the
unexpired term. Each appointment thereafter shall be for a four-year
term expiring on June 30 of the fourth year following the year in
which the previous term expired.
(b) Each member shall hold office until the appointment and
qualification of his or her successor or until one year shall have
elapsed since the expiration of the term for which he or she was
appointed, whichever first occurs. No person shall serve as a member
of the board for more than two consecutive terms.
(c) The Governor shall appoint professional members so that one is
licensed to practice engineering as a civil engineer, one as an
electrical engineer, one as a mechanical engineer, another is
authorized to use the title of structural engineer, and one is a
member of one of the remaining branches of engineering. One of the
professional members licensed under this chapter or under Chapter 15
(commencing with Section 8700) shall be from a local public agency,
and one shall be from a state agency.
(d) The Governor shall appoint five of the public members and the
professional members qualified as provided in Section 6711. The
Senate Rules Committee and the Speaker of the Assembly shall each
appoint a public member.
SEC. 501. Section 6713 of the Business
and Professions Code is repealed.
6713. The Governor may remove any member of the board for
misconduct, incompetency or neglect of duty.
SEC. 502. Section 6714 of the Business
and Professions Code is repealed.
6714. The board shall appoint an executive officer at a salary to
be fixed and determined by the board with the approval of the
Director of Finance.
This section shall become inoperative on July 1, 2011, and, as of
January 1, 2012, is repealed, unless a later enacted statute, that
becomes effective on or before January 1, 2012, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 503. Section 6715 of the Business
and Professions Code is amended to read:
6715. The board department shall
compile and maintain, or may have compiled and maintained on its
behalf, a register of all licensees that contains information showing
the name, address of record, type of branch license, license number,
the date the license was issued, and the date the license will
expire.
SEC. 504. Section 6716 of the Business
and Professions Code is amended to read:
6716. (a) The board department may
adopt rules and regulations consistent with law and necessary to
govern its action. These rules and regulations shall be adopted in
accordance with the provisions of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code).
(b) The board department may adopt
rules and regulations of professional conduct that are not
inconsistent with state and federal law. The rules and regulations
may include definitions of incompetence and negligence. Every person
who holds a license or certificate issued by the board pursuant to
this chapter shall be governed by these rules and regulations.
(c) The board department shall hold
at least two regular meetings each year. Special meetings shall be
held at those times that the board's
department's rules provide. A majority of the board
department constitutes a quorum.
SEC. 505. Section 6717 of the Business
and Professions Code is amended to read:
6717. The board department may, by
regulation, define the scope of each branch of professional
engineering other than civil, electrical, and mechanical engineering
for which registration is provided under this chapter.
SEC. 506. Section 6718 of the Business
and Professions Code is amended to read:
6718. Any member of the board Officers of
the Department of Consumer Affairs may administer oaths and
may take testimony and proofs concerning all matters within the
board's department' s
jurisdiction.
SEC. 507. Section 6719 of the Business
and Professions Code is amended to read:
6719. The board department shall
adopt and have an official seal which shall be affixed to all
certificates of registration.
SEC. 508. Section 6720 of the Business
and Professions Code is repealed.
6720. Each member of the board shall receive a per diem and
expenses as provided in Section 103.
SEC. 509. Section 6726 of the Business
and Professions Code is amended to read:
6726. The board Director of Consumer
Affairs may establish one or more technical advisory committees
to advise and assist the board director
with respect to the following:
(1) Application review and verification for any level of
registration, licensure, authority, or title.
(2) Evaluation and investigation of potential violations of the
act.
(3) Amendment, repeal, adoption, or revision of board
department rules, regulations, policies, and
procedures.
SEC. 510. Section 6726.1 of the
Business and Professions Code is amended to read:
6726.1. Each member of each technical advisory committee shall be
appointed by the board director and
shall serve at the pleasure of the board
director . Each committee shall be composed of no more than
five members.
SEC. 511. Section 6728 of the Business
and Professions Code is amended to read:
6728. The board director , when it
deems necessary, may establish professional engineers review
committees to hear all matters assigned by the board
director , including, but not limited to, any
contested case which is assigned by the board
director . Each committee shall exist so long as the
board director deems that it is necessary.
SEC. 512. Section 6728.1 of the
Business and Professions Code is amended to read:
6728.1. Each review committee shall consist of no fewer than
three registered professional engineers appointed by the
board department . Each member of a committee
shall have the same qualifications and shall be subject to
the same rules and regulations as if he were a member of the board
be a citizen of the United States, have at least 12
years active experience, be in good standing in his or her
profession, be at least 30 years of age, and have been a resident of
this state for at least five years immediately preceding
his or her appointment .
SEC. 513. Section 6728.4 of the
Business and Professions Code is amended to read:
6728.4. At the conclusion of any hearing which is conducted by a
committee, the committee shall prepare a proposed decision, in such
form that it may be adopted by the board
director as the decision in the case, and shall transmit it to
the board director . The proposed
decision shall be subject to the same procedure as the proposed
decision of a hearing officer under subdivisions (b) and (c) of
Section 11517 of the Government Code.
SEC. 514. Section 6728.5 of the
Business and Professions Code is amended to read:
6728.5. The board department may
adopt, amend, or repeal, in accordance with the provisions of Chapter
3.5 (commencing with Section 11340), Part 1, Division 3, Title 2 of
the Government Code, rules and regulations necessary to implement
these sections.
SEC. 515. Section 6728.6 of the
Business and Professions Code is amended to read:
6728.6. Each member of a professional engineers review committee
or other board-appointed director-
appointed committee and any board-appointed
director- appointed representative of the
board department shall be granted the
same immunity as is granted to a public employee pursuant to Article
3 (commencing with Section 820) of Chapter 1 of Part 2 of Division
3.6 of Title 1 of the Government Code.
SEC. 516. Section 6730 of the Business
and Professions Code is amended to read:
6730. In order to safeguard life, health, property and public
welfare, any person, either in a public or private capacity, except
as in this chapter specifically excepted, who practices, or offers to
practice, civil engineering, electrical engineering or mechanical
engineering, in any of its branches in this state, including any
person employed by the State of California, or any city, county, or
city and county, who practices engineering, shall submit evidence
that he or she is qualified to practice, and shall be licensed
accordingly as a civil engineer, electrical engineer or
mechanical engineer by the
board department .
SEC. 517. Section 7000.5 of the
Business and Professions Code is amended to read:
7000.5. (a) There is in the Department of Consumer
Affairs a Contractors' State License Board, which consists of 15
members.
(b)
(a) The repeal of this section renders
the board this chapter subject to the
review required by Division 1.2 (commencing with Section 473).
However, the review of this board chapter
by the department shall be limited to only those unresolved
issues identified by the Joint Committee on Boards, Commissions, and
Consumer Protection.
(b) Any reference to the Contractors' State License Board in any
law or regulation, or to the "board" in this chapter, shall refer to
the Department of Consumer Affairs.
(c) This section shall become inoperative on July 1, 2009, and, as
of January 1, 2010, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2010, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 518. Section 7001 of the Business
and Professions Code is repealed.
7001. All members of the board, except the public members, shall
be contractors actively engaged in the contracting business, have
been so engaged for a period of not less than five years preceding
the date of their appointment and shall so continue in the
contracting business during the term of their office. No one, except
a public member, shall be eligible for appointment who does not at
the time hold an unexpired license to operate as a contractor.
The public members shall not be licentiates of the board.
SEC. 519. Section 7002 of the Business
and Professions Code is repealed.
7002. (a) One member of the board shall be a general engineering
contractor, two members shall be general building contractors, two
members shall be specialty contractors, one member shall be a member
of a labor organization representing the building trades, one member
shall be an active local building official, and eight members shall
be public members, one of whom shall be from a statewide senior
citizen organization.
(b) No public member shall be a current or former licensee of the
board or a close family member of a licensee or be currently or
formerly connected with the construction industry or have any
financial interest in the business of a licensee of the board. Each
public member shall meet all of the requirements for public
membership on a board as set forth in Chapter 6 (commencing with
Section 450) of Division 1. Notwithstanding the provisions of this
subdivision and those of Section 450, a representative of a labor
organization shall be eligible for appointment to serve as a public
member of the board.
(c) Each contractor member of the board shall be of recognized
standing in his or her branch of the contracting business and hold an
unexpired license to operate as a contractor. In addition, each
contractor member shall, as of the date of his or her appointment, be
actively engaged in the contracting business and have been so
engaged for a period of not less than five years. Each contractor
member shall remain actively engaged in the contracting business
during the entire term of his or her membership on the board.
(d) Each member of the board shall be at least 30 years of age and
of good character. In addition, each member shall have been a
citizen and resident of the State of California for at least five
years next preceding his or her appointment.
(e) For the purposes of construing this article, the terms
"general engineering contractor," "general building contractor," and
"specialty contractor" shall have the meanings given in Article 4
(commencing with Section 7055) of this chapter.
SEC. 520. Section 7003 of the Business
and Professions Code is repealed.
7003. Except as otherwise provided, an appointment to fill a
vacancy caused by the expiration of the term of office shall be for a
term of four years and shall be filled, except for a vacancy in the
term of a public member, by a member from the same branch of the
contracting business as was the branch of the member whose term has
expired. A vacancy in the term of a public member shall be filled by
another public member. Each member shall hold office until the
appointment and qualification of his or her successor or until the
office is deemed to be vacant pursuant to Section 1774 of the
Government Code, whichever first occurs.
Vacancies occurring in the membership of the board for any cause
shall be filled by appointment for the balance of the unexpired term.
No person shall serve as a member of the board for more than two
consecutive terms.
The Governor shall appoint four of the public members, including
the public member who is from a statewide senior citizen
organization, the local building official, the member of a labor
organization representing the building trades, and the five
contractor members qualified as provided in Section 7002. The Senate
Rules Committee and the Speaker of the Assembly shall each appoint
two public members.
SEC. 521. Section 7005 of the Business
and Professions Code is repealed.
7005. The Governor may remove any member of the board for
misconduct, incompetency or neglect of duty.
SEC. 522. Section 7006 of the Business
and Professions Code is repealed.
7006. The board shall meet at least once each calendar quarter
for the purpose of transacting business as may properly come before
it.
Special meetings of the board may be held at times as the board
may provide in its bylaws. Four members of the board may call a
special meeting at any time.
SEC. 523. Section 7007 of the Business
and Professions Code is repealed.
7007. Eight members constitute a quorum at a board meeting.
Due notice of each meeting and the time and place thereof shall be
given each member in the manner provided by the bylaws.
SEC. 524. Section 7008 of the Business
and Professions Code is repealed.
7008. The board may appoint such committees and make such rules
and regulations as are reasonably necessary to carry out the
provisions of this chapter. Such rules and regulations shall be
adopted in accordance with the provisions of the Administrative
Procedure Act.
SEC. 525. Section 7009 of the Business
and Professions Code is repealed.
7009. Any member or committee of the board may administer oaths
and may take testimony and proofs concerning all matters within the
jurisdiction of the board.
SEC. 526. Section 7010 of the Business
and Professions Code is repealed.
7010. The board is vested with all functions and duties relating
to the administration of this chapter, except those functions and
duties vested in the director under the provisions of Division I of
this code.
SEC. 527. Section 7011 of the Business
and Professions Code is repealed.
7011. The board, by and with the approval of the director, shall
appoint a registrar of contractors and fix his or her compensation.
The registrar shall be the executive officer and secretary of the
board and shall carry out all of the administrative duties as
provided in this chapter and as delegated to him or her by the board.
For the purpose of administration of this chapter, there may be
appointed a deputy registrar, a chief reviewing and hearing officer,
and, subject to Section 159.5, other assistants and subordinates as
may be necessary.
Appointments shall be made in accordance with the provisions of
civil service laws.
This section shall become inoperative on July 1, 2009, and, as of
January 1, 2010, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2010, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 528. Section 7011.3 of the
Business and Professions Code is amended to read:
7011.3. The registrar director
shall not assess a civil penalty against a licensed contractor who
has been assessed a specified civil penalty by the Labor Commissioner
under Section 1020 or 1022 of the Labor Code for the same offense.
SEC. 529. Section 7011.4 of the
Business and Professions Code is amended to read:
7011.4. (a) Notwithstanding Section 7011, there is in
the Contractors' State License Board, a separate enforcement unit
which shall rigorously enforce this chapter prohibiting all forms of
unlicensed activity.
(b) Persons
employed as enforcement representatives in this unit and designated
by the Director of Consumer Affairs Persons employed
by the department as enforcement representatives to
prohibit all forms of unlicensed activity pursuant to this chapter
are not peace officers and are not entitled to safety member
retirement benefits. They do not have the power of arrest. However,
they may issue a written notice to appear in court pursuant to
Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of
the Penal Code.
SEC. 530. Section 7011.5 of the Business
and Professions Code is amended to read:
7011.5. Persons employed as investigators of the Special
Investigations Unit of the Contractors' State License Board
department and designated by the Director of
Consumer Affairs have the authority of peace officers while engaged
in exercising the powers granted or performing the duties imposed
upon them in investigating the laws administered by the
Contractors' State License Board department under this
chapter or commencing directly or indirectly any criminal
prosecution arising from any investigation conducted under these
laws. All persons herein referred to shall be deemed to be acting
within the scope of employment with respect to all acts and matters
in this section set forth.
SEC. 531. Section 7011.7 of the
Business and Professions Code is amended to read:
7011.7. (a) The registrar department
shall review and investigate complaints filed in a manner
consistent with this chapter and the Budget Act. It is the intent of
the Legislature that complaints be reviewed and investigated as
promptly as resources allow.
(b) The board department shall set
as a goal the improvement of its disciplinary system so that an
average of no more than six months elapses from the receipt of a
complaint to the completion of an investigation.
(c) Notwithstanding subdivision (a), the goal for completing the
review and investigation of complaints that, in the opinion of the
board department , involve complex
fraud issues or complex contractual arrangements, should be no more
than one year.
SEC. 532. Section 7012 of the Business
and Professions Code is amended to read:
7012. The registrar, with the approval of the board and
the director department , may, when funds are
available, cooperate in the enforcement of governmental legislation
relating to the construction industry, and, except as provided by
Section 159.5, shall appoint such assistants as may be necessary
therefor.
SEC. 533. Section 7013 of the Business
and Professions Code is repealed.
7013. The board may in its discretion review and sustain or
reverse by a majority vote any action or decision of the registrar.
This section shall apply to any action, decision, order, or
proceeding of the registrar conducted in accordance with the
provisions of Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code.
SEC. 534. Section 7015 of the Business
and Professions Code is repealed.
7015. The board shall adopt a seal for its own use. The seal
shall have the words "Contractors' State License Board, State of
California, Department of Consumer Affairs," and the care and custody
thereof shall be in the hands of the registrar.
SEC. 535. Section 7016 of the Business
and Professions Code is repealed.
7016. Each member of the board shall receive a per diem and
expenses as provided in Section 103.
SEC. 536. Section 7019 of the Business
and Professions Code is amended to read:
7019. (a) If funding is made available for that purpose, the
board department may contract with
licensed professionals, as appropriate, for the site investigation of
consumer complaints.
(b) The board department may
contract with other professionals, including, but not limited to,
interpreters and manufacturer's representatives, whose skills or
expertise are required to aid in the investigation or prosecution of
a licensee, registrant, applicant for a license or registration, or
those subject to licensure or registration by the board
department .
(c) The registrar department shall
determine the rate of reimbursement for those individuals providing
assistance to the board department
pursuant to this section. All reports shall be completed on a form
prescribed by the registrar department
.
(d) As used in this section, "licensed professionals" means, but
is not limited to, engineers, architects, landscape architects,
geologists, and accountants licensed, certificated, or registered
pursuant to this division.
SEC. 537. Section 7200 of the Business
and Professions Code is repealed.
7200. (a) There is in the Department of Consumer Affairs a State
Board of Guide Dogs for the Blind in whom enforcement of this chapter
is vested. The board shall consist of seven members appointed by the
Governor. One member shall be the Director of Rehabilitation or his
or her designated representative. The remaining members shall be
persons who have shown a particular interest in dealing with the
problems of the blind, and at least two of them shall be blind
persons who use guide dogs.
(b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 538. Section 7200.1 of the
Business and Professions Code is repealed.
7200.1. Protection of the public shall be the highest priority
for the State Board of Guide Dogs for the Blind in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
SEC. 539. Section 7200.5 of the
Business and Professions Code is repealed.
7200.5. The board shall have exclusive authority in this state to
issue licenses for the instruction of blind persons in the use of
guide dogs and for the training of guide dogs for use by blind
persons. It shall also have exclusive authority in this state to
issue licenses to operate schools for the training of guide dogs for
the blind, and the instruction of blind persons in the use of guide
dogs.
SEC. 540. Section 7201 of the Business
and Professions Code is repealed.
7201. No person shall be eligible to membership in the board who
is a stockholder in, or an owner of, or financially interested
directly or indirectly, in any company, organization, or concern
supplying, delivering, or furnishing any guide dogs for use by the
blind.
SEC. 541. Section 7201 is added to the
Business and Professions Code , to read:
7201. The Department of Consumer Affairs hereby succeeds to, and
is vested with, all the duties, responsibilities, and functions of
the Board of Guide Dogs for the Blind, which is hereby abolished.
SEC. 542. Section 7202 of the Business
and Professions Code is repealed.
7202. Each of the appointed members of the board shall hold
office for a term of four years and until his successor is appointed
and qualified or until one year shall have elapsed since the
expiration of the term for which he was appointed, whichever first
occurs. No person shall serve as an appointed member of the board for
more than two consecutive terms, but this provision shall not apply
to any member in office at the time this provision takes effect.
SEC. 543. Section 7202 is added to the
Business and Professions Code , to read:
7202. Any reference to the Board of Guide Dogs for the Blind,
which shall be known as the predecessor entity, shall be deemed to
refer to the department.
SEC. 544. Section 7203 of the Business
and Professions Code is repealed.
7203. The board shall organize and elect from its membership a
president and vice president and secretary who shall hold office for
one year or until the election and qualification of a successor.
SEC. 545. Section 7203 is added to the
Business and Professions Code , to read:
7203. All regulations of the predecessor entity in effect
immediately preceding the effective date of this section shall remain
in effect and shall be fully enforceable until readopted, amended,
or repealed. Any action by or against the predecessor entity shall
not abate and shall continue in the name of the department.
SEC. 546. Section 7204 of the Business
and Professions Code is repealed.
7204. The secretary shall keep all the records of the board and
discharge such other duties as the board shall, from time to time,
prescribe.
SEC. 547. Section 7204 is added to the
Business and Professions Code , to read:
7204. A contract, lease, license, bond, or any other agreement to
which the predecessor entity is a party shall continue in full force
and effect and shall not be void or voidable as a result of the
statute enacting this section.
SEC. 548. Section 7205 of the Business
and Professions Code is repealed.
7205. Each member of the board, except the Director of
Rehabilitation or his or her designated representative, shall receive
a per diem and expenses as provided in Section 103. The Director of
Rehabilitation or his or her designated representative shall receive
the necessary expenses for each day actually spent in the performance
of his or her duties.
SEC. 549. Section 7205 is added to the
Business and Professions Code , to read:
7205. The unexpended balance of any funds available for use by
the predecessor entity in carrying out any functions transferred to
the department shall be made available for use by the department. All
books, documents, records, and property of the predecessor entity
shall be transferred to the department.
SEC. 550. Section 7206 of the Business
and Professions Code is repealed.
7206. The board shall hold regular meetings at least once a year
at which an examination of applicants for certificates of
registration shall be given. Special meetings shall be held upon
request of a majority of the members of the board or upon the call of
the president.
SEC. 551. Section 7206 is added to the
Business and Professions Code , to read:
7206. (a) Any officer or employee of the predecessor entity who
is performing a function transferred to the department and who is
serving in the state civil service, other than as a temporary
employee, shall be transferred to the department pursuant to Section
19050.9 of the Government Code.
(b) The status, position, and rights of any officer or employee of
the predecessor entity shall not be affected by the transfer and
shall be retained by the person as an officer or employee of the
department pursuant to the State Civil Service Act.
SEC. 552. Section 7207 of the Business
and Professions Code is repealed.
7207. The board shall keep an accurate record of all its
proceedings and of all its meetings.
SEC. 553. Section 7208 of the Business
and Professions Code is amended to read:
7208. Pursuant to the provisions of the Administrative Procedure
Act the board department may make such
rules and regulations as are reasonably necessary to:
(a) Govern the procedure of the board d
epartment with respect to the implementation of this
chapter .
(b) Govern the admission of applicants for examination for license
to instruct blind persons in the use of guide dogs or to engage in
the business of training, selling, hiring, or being in the business
of supplying guide dogs for the blind.
(c) Govern the operation of schools which furnish guide dogs and
train blind persons to use guide dogs.
(d) The reissuance of licenses.
(e) The reexamination of licensees.
SEC. 554. Section 7209 of the Business
and Professions Code is amended to read:
7209. A person to be eligible for examination as an instructor
must (1) (a) have a knowledge of the
special problems of the blind and how to teach them, (2)
(b) be able to demonstrate by actual blindfold
test under traffic conditions his or her ability to train
guide dogs with whom a blind person would be safe, (3)
(c) be suited temperamentally and otherwise to
instruct blind persons in the use of guide dogs, and (4)
(d) have had at least three years' actual
experience, comprising such number of hours as the board
department may require, as an instructor, and
have handled twenty-two (22) man-dog units; or
units, or its equivalent, as determined by the
board department , as an apprentice under a
licensed instructor or under an instructor in a school satisfactory
to the board department .
SEC. 555. Section 7210.5 of the
Business and Professions Code is amended to read:
7210.5. It is unlawful to solicit funds for any person purporting
to provide guide dogs for the blind in this state unless the person
for whose benefit the solicitation is made holds a valid and
unimpaired license issued by the State Board of Guide Dogs
for the Blind department .
As used in this section "person" means an individual, firm,
partnership, association, corporation, limited liability company, or
cooperative association.
SEC. 556. Section 7210.6 of the
Business and Professions Code is amended to read:
7210.6. A person desiring to establish a licensed guide dog
school in this state, whose plan of operation has been approved by
the State Board of Guide Dogs for the Blind
department and who has furnished to the board
department satisfactory evidence of financial
responsibility, may secure from such board
the department a license to solicit funds for the establishment
of a guide dog training school for a period of one year, provided
that:
(a) All funds raised during such one-year period shall be held in
a trust and under the control of the trust department of a bank or
trust company in this state.
(b) A record of the names and addresses of donors to the fund
shall be kept by the fund raiser and furnished to the board
department on demand with respect to all
contributions in excess of ten dollars ($10) in funds or property
from any one donor.
(c) In the event sufficient funds have not been raised within one
year from the issuance of such license to finance establishment and
initial operation of a guide dog school, all such funds, after
payment of the costs of fund raising, and the option to buy land, the
cost of which shall not exceed 20 percent of the funds raised, shall
be repaid prorate to the donors thereof with respect to any
donations in excess of ten dollars ($10) from any one donor.
(d) A fee of fifty dollars ($50) shall be paid upon issuance of a
license for advance solicitation. In the discretion of the
board department , for good cause shown by the
applicant, the license for advance solicitation may be extended for
one additional year. During the period of advance solicitation, no
funds shall be expended for purposes other than the cost of fund
raising and the cost of obtaining an option to buy or lease land for
a school site.
SEC. 557. Section 7210.7 of the
Business and Professions Code is amended to read:
7210.7. The board
department may authorize schools licensed by the
board department or instructors
employed by those schools to provide home training in the use of
guide dogs.
If a school desires to provide home training in the use of guide
dogs, it shall apply to the board department
and provide the board department
with a written plan and procedure for conducting that home training,
which shall be approved by the board
department prior to conducting any home training.
Schools providing home training in the use of guide dogs shall,
annually, provide the board department
with the names and addresses of those persons who are receiving home
training and shall include those persons who have received home
training from the school subsequent to the last report filed with the
board department .
The guide dog user, as a condition of receiving home training,
shall have completed a formal in-residence training program from a
school licensed by the board department
to provide guide dog training, or from a school recognized by
another state to provide guide dog training.
The requirement for a formal in-residence training program from a
school licensed by the board department
may be waived by the school when that requirement imposes an undue
hardship on the guide dog user.
Home training, as provided in this section, shall consist of not
less than 20 hours of training.
This section shall only apply to those schools that are licensed
by the board department to furnish
guide dogs and to train persons to use guide dogs, who desire to
provide home training in the use of guide dogs, and who apply to the
board department for approval to
provide that home training.
SEC. 558. Section 7211 of the Business
and Professions Code is amended to read:
7211. (a) Each applicant for an instructor's license shall file
an application with the secretary of the board
department at least 10 days before the date fixed for
examination, and shall pay to the secretary
department at the time of filing an application the sum of two
hundred fifty dollars ($250). No license shall be granted until the
applicant has satisfactorily completed the examination prescribed by
the board department and has shown that
he or she is equipped by a school or by equivalent facilities
satisfactory to the board department .
An annual fee of one hundred dollars ($100) shall be required for the
renewal of a license.
(b) All fees received under this chapter shall be deposited in the
Guide Dogs for the Blind Fund.
SEC. 559. Section 7211.1 of the
Business and Professions Code is amended to read:
7211.1. (a) As a condition of renewal of an instructor's license,
the instructor shall provide proof of completion of not less than 8
hours of continuing education. The board
department shall determine the form of proof.
(b) Continuing education shall meet the criteria specified in
Section 166, and shall be in one or more of the following subject
matter areas:
(1) Blindness and mobility.
(2) Health issues relating to blindness.
(3) Instructing blind persons.
(4) Care and training of dogs.
(c) This section shall apply to renewal of instructors' licenses
which expire on or after June 30, 1996.
SEC. 560. Section 7211.2 of the
Business and Professions Code is amended to read:
7211.2. A plea or verdict of guilty or a conviction following a
plea of nolo contendere is deemed to be a conviction within the
meaning of this article. The board department
may order the license suspended or revoked, or may decline to
issue a license, when the time for appeal has elapsed, or the
judgment of conviction has been affirmed on appeal or when an order
granting probation is made suspending the imposition of sentence,
irrespective of a subsequent order under the provisions of Section
1203.4 of the Penal Code allowing such person to withdraw his or
her plea of guilty and to enter a plea of not guilty, or
setting aside the verdict of guilty, or dismissing the accusation,
information , or indictment.
SEC. 561. Section 7211.9 of the
Business and Professions Code is amended to read:
7211.9. The board department may
suspend or revoke a license issued under this chapter if it
determines that the licensee or its manager or responsible directing
officer has:
(a) Made any false statements or given any false information in
connection with an application for a license or a renewal or
reinstatement thereof.
(b) Violated any provision of this chapter.
(c) Violated any rule of the board
department adopted pursuant to the authority contained in this
chapter.
(d) Been convicted of a felony or of any crime involving moral
turpitude, or has been convicted of any offense involving cruelty to
animals. The record of conviction, or a certified copy thereof, shall
be conclusive evidence of such conviction.
(e) Committed any act which would be grounds for denial of a
license.
SEC. 562. Section 7214 of the Business
and Professions Code is amended to read:
7214. The license of a school shall be automatically suspended if
there is no licensed instructor in charge of the training of guide
dogs and in the instruction of persons in the use of guide dogs. Upon
a showing satisfactory to the board
department that an emergency exists a temporary instructor's
permit may be granted under conditions prescribed by the
board department .
SEC. 563. Section 7215.5 of the
Business and Professions Code is amended to read:
7215.5. During the first year following the successful training
of each person-dog unit, and release from a guide dog training school
of the trained person supplied with a guide dog, the school may
retain title to the trained dog. During this probationary year, the
school may enter into a contractual agreement with the user of the
dog describing the conditions under which the user may maintain the
status of legal custodian of the dog. During the probationary year,
the school, acting in what it deems to be the best interest of the
user, the dog, or the public, may temporarily or permanently resume
possession of the dog.
Within 15 days after the end of each calendar year, each licensed
school shall report to the board department
the following:
(1) The number of dog ownership titles transferred to dog users
pursuant to this section during the calendar year.
(2) The number of title recoveries and repossessions made by the
school pursuant to this section during the calendar year.
(3) The number, type, and amount of charges assessed for followup
training, instruction, veterinary, or boarding services, pursuant to
this section, which make a distinction between users who have
acquired title to their dogs and users who have not acquired title.
(4) The views of the governing entity of the school as to any
problems or concerns relative to compliance with the provisions of
this section, along with recommendations for appropriate legislative
or administrative changes commensurate with the purposes of this
section.
Immediately upon completion of the first year following the
successful training referred to above, if the training school and the
dog user are mutually satisfied with the operation of the person-dog
unit, title to the dog shall be transferred to the blind user if the
user so desires. Transfer of title shall be evidenced by a transfer
of title agreement executed by both parties thereto. The school may
retain an option to recover title and possession to the guide dog
subject to conditions described in the transfer of title agreement.
These conditions may include, but are not limited to, the following:
(1) If in the school's opinion, the guide dog is being misused or
neglected or mistreated by its blind user.
(2) If the blind person to whom the dog was furnished has ceased
to use the dog as a guide and the dog is not too old to be retrained
as a guide for another blind person.
(3) If, in the school's opinion, the dog is no longer a safe guide
and the user refuses to cease using the dog as a guide after being
requested by the school to cease this use.
The guide dog school shall make no distinction as to the quality
or extent of followup or supportive services available to its blind
graduates based on whether they elect to acquire title to their dogs
or allow title to remain with the school after the probationary year.
The school may, however, make this distinction when assessing
reasonable and appropriate charges for followup training,
instruction, veterinary, or boarding services.
No applicant for admission to a guide dog training school, nor any
enrolled student, shall be required by the school prior to
completion of his or her training to sign any instrument or to
announce his or her intention regarding transfer of title of the dog
from the school to himself or herself upon completion of the training
and probation period.
SEC. 564. Section 7215.6 of the
Business and Professions Code is amended to read:
7215.6. (a) In order to provide a procedure for the resolution of
disputes between guide dog users and guide dog schools relating to
the continued physical custody and use of a guide dog, in all cases
except those in which the dog user is the unconditional legal owner
of the dog, the following arbitration procedure shall be established
as a pilot project.
(b) This procedure establishes an arbitration panel for the
settlement of disputes between a guide dog user and a licensed guide
dog school regarding the continued use of a guide dog by the user in
all cases except those in which the dog user is the unconditional
legal owner of the dog. The disputes that may be subject to this
procedure concern differences between the user and school over
whether or not a guide dog should continue to be used, differences
between the user and school regarding the treatment of a dog by the
user, and differences over whether or not a user should continue to
have custody of a dog pending investigation of charges of abuse. It
specifically does not address issues such as admissions to schools,
training practices, or other issues relating to school standards. The
board department and its representative
are not parties to any dispute described in this section.
(c) The licensed guide dog schools in California and the
board department shall provide to guide dog
users graduating from guide dog programs in these schools a new
avenue for the resolution of disputes that involve continued use of a
guide dog, or the actual physical custody of a guide dog. Guide dog
users who are dissatisfied with decisions of schools regarding
continued use of guide dogs may appeal to the board
department to convene an arbitration panel
composed of all of the following:
(1) One person designated by the guide dog user.
(2) One person designated by the licensed guide dog school.
(3) A representative of the board
department who shall coordinate the activities of the panel and
serve as chair.
(d) If the guide dog user or guide dog school wishes to utilize
the arbitration panel, this must be stated in writing to the
board department . The findings and decision of
the arbitration panel shall be final and binding. By voluntarily
agreeing to having a dispute resolved by the arbitration panel and
subject to its procedures, each party to the dispute shall waive any
right for subsequent judicial review.
(e) A licensed guide dog school that fails to comply with any
provision of this section shall automatically be subject to a penalty
of two hundred fifty dollars ($250) per day for each day in which a
violation occurs. The penalty shall be paid to the board
department . The license of a guide dog school
shall not be renewed until all penalties have been paid.
The fine shall be assessed without advance hearing, but the
licensee may apply to the board for a hearing on the issue of whether
the fine should be modified or set aside. This application shall be
in writing and shall be received by the board
department within 30 days after service of notice of the fine.
Upon receipt of this written request, the board shall set the matter
for hearing within 60 days.
(f) As a general rule, custody of the guide dog shall remain with
the guide dog user pending a resolution by the arbitration panel. In
circumstances where the immediate health and safety of the guide dog
user or guide dog is threatened, the licensed school may take custody
of the dog at once. However, if the dog is removed from the user's
custody without the user's concurrence, the school shall provide to
the board department the evidence that
caused this action to be taken at once and without fail; and within
five calendar days a special committee of two members of the
board the director of the department shall make
a determination regarding custody of the dog pending hearing by the
arbitration panel.
(g) The arbitration panel shall decide the best means to determine
final resolution in each case. This shall include, but is not
limited to, a hearing of the matter before the arbitration panel at
the request of either party to the dispute, an opportunity for each
party in the dispute to make presentations before the arbitration
panel, examination of the written record, or any other inquiry as
will best reveal the facts of the disputes. In any case, the panel
shall make its findings and complete its examination within 45
calendar days of the date of filing the request for arbitration, and
a decision shall be rendered within 10 calendar days of the
examination.
All arbitration hearings shall be held at sites convenient to the
parties and with a view to minimizing costs. Each party to the
arbitration shall bear its own costs, except that the arbitration
panel, by unanimous agreement, may modify this arrangement.
(h) The board department may study
the effectiveness of the arbitration panel pilot project in
expediting resolution and reducing conflict in disputes between guide
dog users and guide dog schools and may share its findings with the
Legislature upon request.
(i) This section shall become inoperative on July 1, 2011, and as
of January 1, 2012, is repealed, unless a later enacted statute,
which is enacted before January 1, 2012, deletes or extends that
date.
SEC. 565. Section 7216 of the Business
and Professions Code is amended to read:
7216. The board department may
refuse to issue a license to a school or instructor if the applicant,
if an individual, or any officer or partner, if the applicant is
other than an individual, has committed any act or crime constituting
grounds for denial of licensure under Section 480. Proceedings under
this section shall be conducted in accordance with Chapter 5 of Part
1 of Division 3 of Title 2 of the Government Code, and the
board department shall have all of the powers
granted therein.
SEC. 566. Section 7217 of the Business
and Professions Code is amended to read:
7217. (a) Within 60 days after the end of a calendar year or
after the termination of the fiscal year of a school, there shall be
furnished to the board department the
following:
(1) A list of students accepted for training and those who have
completed training.
(2) A list of the number of dogs trained.
(b) Within 180 days after the end of a calendar year, there shall
be furnished to the board department an
independent audit of the school's finances by a certified public
accountant licensed by this state.
SEC. 567. Section 7302 of the Business
and Professions Code is amended to read:
7302. The following definitions shall apply for purposes of this
chapter:
(a) "Department" means the Department of Consumer Affairs.
(b) "Director" means the Director of Consumer Affairs.
(c) "Board" or "bureau" means the State Board of
Barbering and Cosmetology Any reference to the "board"
or "bureau" in this chapter, or to the State Board of Barbering and
Cosmetology in any law or regulation, shall be deemed to refer to the
department, or if appropriate, the director .
(d) "Executive officer" means the executive officer of
the State Board of Barbering and Cosmetology Any
reference to "executive officer" in this chapter, or to the executive
officer of the State Board of Barbering and Cosmetology shall be
deemed to refer to the director .
SEC. 568. Section 7303 of the Business
and Professions Code is amended to read:
7303. (a) Notwithstanding Article 8 (commencing with
Section 9148) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of
the Government Code, there is in the Department of Consumer Affairs
the State Board of Barbering and Cosmetology in which the
administration of this chapter is vested The director
is vested with the powers and duties of administering this chapter
.
(b) The board shall consist of nine members. Five members shall be
public members and four members shall represent the professions. The
Governor shall appoint three of the public members and the four
professions members. The Senate Committee on Rules and the Speaker of
the Assembly shall each appoint one public member. Members of the
board shall be appointed for a term of four years, except that of the
members appointed by the Governor, two of the public members and two
of the professions members shall be appointed for an initial term of
two years. No board member may serve longer than two consecutive
terms.
(c) The board shall appoint an executive officer who is exempt
from civil service. The executive officer shall exercise the powers
and perform the duties delegated by the board and vested in him or
her by this chapter. The appointment of the executive officer is
subject to the approval of the director. In the event that a newly
authorized board replaces an existing or previous bureau, the
director may appoint an interim executive officer for the board who
shall serve temporarily until the new board appoints a permanent
executive officer.
(d) The executive officer
(b) The director shall provide
examiners, inspectors, and other personnel necessary to carry out the
provisions of this chapter.
(e)
(c) This section shall become inoperative on
July 1, 2008, and, as of January 1, 2009, is repealed, unless a
later enacted statute, which becomes effective on or before January
1, 2009, deletes or extends the dates on which it becomes inoperative
and is repealed.
SEC. 569. Section 7303.1 of the
Business and Professions Code is amended to read:
7303.1. Protection of the public shall be the highest priority
for the Board of Barbering and Cosmetology
department in exercising its licensing, regulatory, and
disciplinary functions pursuant to this chapter . Whenever
the protection of the public is inconsistent with other interests
sought to be promoted, the protection of the public shall be
paramount.
SEC. 570. Section 7303.2 of the
Business and Professions Code is amended to read:
7303.2. The board department shall
conduct the following studies and reviews, and shall report its
findings and recommendations to the department and the
Joint Committee on Boards, Commissions, and Consumer
Protection no later than September 1, 2005:
(a) The board department , pursuant
to Section 139 and in conjunction with the Office of Examination
Resources of the department, shall review the 1600 hour training
requirement for cosmetologists.
(b) The board, in conjunction with the Office of
Examination Resources of the department ,
shall evaluate the equivalency of the national exam.
(c) The board department shall
conduct a study to assess the costs and benefits associated with
requiring all applicants to submit fingerprint cards for background
investigations.
(d) The board department , in
coordination with the Department of Industrial Relations, shall
review all components of the apprenticeship program, including, but
not limited to, the following:
(1) Apprenticeship curriculum requirements.
(2) The standards for the preapprentice trainers, program
sponsors, trainers, and placement establishments. The board
department shall pay particular attention to
ways to eliminate duplicative regulations.
(e) The board department shall
review all components of the externship program. In addition to
structural changes, the board department
shall address the following:
(1) Whether the program should be eliminated.
(2) Whether the program should be available to all students, not
just cosmetology students attending private schools.
(3) Whether the students should be paid.
(f) The board department shall
assess the costs and benefits associated with same day licensing. If
the board department determines that
the benefits of same day licensing outweigh the costs, the
board department shall immediately plan and
implement safety measures to protect site staff and undispersed
licenses.
(g) The board, in conjunction with the Office of
Examination Resources of the department ,
shall assess the validity of aggregate scoring for
board applicants pursuant to this chapter .
SEC. 571. Section 7304 of the Business
and Professions Code is repealed.
7304. The board shall be subject to review pursuant to Division
1.2 (commencing with Section 473).
SEC. 572. Section 7305 of the Business
and Professions Code is repealed.
7305. The board shall elect officers annually from among its
members, each of whom shall hold office for a term of one year. An
officer shall not serve in a particular officer position for more
than two terms.
SEC. 573. Section 7309 of the Business
and Professions Code is repealed.
7309. The board shall establish a principal office, and may
establish branch offices and examination facilities in the state as
may be deemed necessary for the board to conduct its business.
SEC. 574. Section 7311 of the Business
and Professions Code is repealed.
7311. The board shall adopt and use a common seal for the
authentication of the board's records.
SEC. 575. Section 7312 of the Business
and Professions Code is amended to read:
7312. The board department shall do
all of the following:
(a) Make rules and regulations in aid or furtherance of this
chapter in accordance with the Administrative Procedure Act.
(b) Conduct and administer examinations of applicants for
licensure.
(c) Issue licenses to those applicants that may be entitled
thereto.
(d) Discipline persons who have been determined to be in violation
of this chapter or the regulations adopted pursuant to this chapter.
(e) Adopt rules governing sanitary conditions and precautions to
be employed as are reasonably necessary to protect the public health
and safety in establishments, schools approved by the board
department , and in the practice of any
profession provided for in this chapter. The rules shall be adopted
in accordance with the Administrative Procedure Act, Chapter 3.5
(commencing with Section 11340) of Title 2 of the Government Code,
and shall be submitted to the State Department of Health Services and
approved by that department prior to filing with the Secretary of
State. A written copy of all those rules shall be furnished to each
licensee.
SEC. 576. Section 7313 of the Business
and Professions Code is amended to read:
7313. (a) (1) To ensure compliance with the laws and regulations
of this chapter, the board's executive officer
director and authorized representatives shall, except as
provided by Section 159.5, have access to, and shall inspect, any
establishment or mobile unit during business hours or at any time in
which barbering, cosmetology, or electrolysis are being performed. It
is the intent of the Legislature that inspections be conducted on
Saturdays and Sundays as well as weekdays, if collective bargaining
agreements and civil service provisions permit.
(2) The board department shall
maintain a program of random and targeted inspections of
establishments to ensure compliance with applicable laws relating to
the public health and safety and the conduct and operation of
establishments. The board department or
its authorized representatives shall inspect establishments to
reasonably determine compliance levels and to identify market
conditions that require targeted enforcement. The board
department shall not reduce the number of
employees assigned to perform random inspections, targeted
inspections, and investigations relating to field operations below
the level funded by the annual Budget Act and described in supporting
budget documents, and shall not redirect funds or personnel-years
allocated to those inspection and investigation purposes to other
purposes.
(b) To ensure compliance with health and safety requirements
adopted by the board department , the
executive officer director and
authorized representatives shall, except as provided in Section
159.5, have access to, and shall inspect the premises of, all schools
in which the practice of barbering, cosmetology, or electrolysis is
performed on the public. Notices of violation shall be issued to
schools for violations of regulations governing conditions related to
the health and safety of patrons. Each notice shall specify the
section violated and a timespan within which the violation must be
corrected. A copy of the notice of violation shall be provided to the
Bureau for Private Postsecondary and Vocational Education.
(c) With prior written authorization from the board or its
executive officer, any member of the board may enter and visit, in
his or her capacity as a board member, any establishment, during
business hours or at any time when
barbering, cosmetology, or electrolysis is being
performed. The visitation by a board member shall be for the purpose
of conducting official board business, but shall not be used as a
basis for any licensing disciplinary action by the board.
SEC. 577. Section 7314 of the Business
and Professions Code is amended to read:
7314. The board shall keep a record of its proceedings
relating to its public meetings, meetings of committees, and records
relating to the issuance, refusal, renewal, suspension and revocation
of licenses.
The board department shall keep a
registration record of each licensee containing the name, address,
license number and date issued. This record shall also contain any
facts that the applicants may have stated in their application for
examination for licensure.
SEC. 578. Section 7315 of the Business
and Professions Code is repealed.
7315. A majority of the board may, in any meeting properly
noticed in accordance with the Bagley-Keene Open Meeting Act,
exercise all the duties and powers devolving upon the board.
SEC. 579. Section 7581.1 of the
Business and Professions Code is repealed.
7581.1. The Governor shall appoint two private security
disciplinary review committees, and may remove any member of a
disciplinary review committee for misconduct, incompetency, or
neglect of duty. One committee shall meet in the southern portion of
the state and the other committee shall meet in the northern portion
of the state.
Each disciplinary review committee shall consist of five members.
Of the five members, one member shall be actively engaged in the
business of a licensed private patrol operator, one member shall be
actively engaged in the business of a firearm training facility, one
member shall be actively engaged in the business of a registered
security guard, and two members shall be public members. None of the
public members shall be licensees or registrants or engaged in any
business or profession in which any part of the fees, compensation,
or revenue thereof, is derived from any licensee.
Each committee shall meet every 60 days or more or less frequently
as may be required. The members shall be paid per diem pursuant to
Section 103 and shall be reimbursed for actual travel expenses. The
members shall be appointed for a term of four years.
SEC. 580. Section 7581.2 of the
Business and Professions Code is amended to read:
7581.2. Each disciplinary review committee
The director shall perform the following functions as they
pertain to private patrol operators, security guards, firearm
qualification cardholders, firearm training facilities, firearm
training instructors, baton training facilities, and baton training
instructors, as licensed, certified, or registered by the bureau
under this chapter, and proprietary security officers, as registered
by the bureau under Chapter 11.4 (commencing with Section 7574):
(a) Affirm, rescind, or modify all appealed decisions which
concern administrative fines assessed by the director
.
(b) Affirm, rescind, or modify all appealed decisions which
concern denials, revocations, or suspensions of a license,
certificate, or registration except denials, revocations, or
suspensions ordered by the director in accordance
with Chapter 5 (commencing with Section 11500) of Division 3 of Title
2 of the Government Code.
SEC. 581. Section 7581.3 of the
Business and Professions Code is amended to read:
7581.3. A private patrol operator, qualified manager of a private
patrol operator, security guard, firearm qualification cardholder,
firearm training facility, firearm training instructor, baton
training facility, or baton training instructor may request
a review by a disciplinary review committee an
administrative hearing to contest the assessment of an
administrative fine or to appeal a denial, revocation, or suspension
of a license, certificate, or registration unless the
denial, revocation, or suspension is ordered by the director
in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.
A request for a review shall be by written notice to the bureau
within 30 days of the issuance of the citation and assessment,
denial, revocation, or suspension.
Following a review by a disciplinary review committee, the
appellant shall be notified within 30 days, in writing, by regular
mail, of the committee's decision.
If the appellant disagrees with the decision made by a
disciplinary review committee, he or she may request a hearing in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code. A request for a
hearing following a decision by a disciplinary review committee shall
be by written notice to the bureau within 30 days following notice
of the committee's decision.
If the appellant does not request a hearing within 30 days, the
review committee's decision shall become final.
SEC. 582. Section 7581.4 of the
Business and Professions Code is repealed.
7581.4. Except in cases where licensees are required to comply
with the provisions of Section 7581.3, where a hearing is held under
this chapter to determine whether an application for a license should
be granted or to determine the qualifications of a licensee's
manager, the proceedings shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, and the director shall have all of
the powers granted therein.
SEC. 583. Section 7591.8 of the
Business and Professions Code is amended to read:
7591.8. The director may automatically suspend a license,
registration, or firearm qualification card if it is determined that
the continued possession of such a license, registration, or card by
the licensee, registrant, or card holder presents an undue hazard to
public safety which may result in substantial injury to another.
A licensee, registrant, or firearm qualification card holder may
request a review by the Alarm Company Operator Disciplinary
Review Committee an administrative hearing as
set forth in Section 7591.19 to appeal the suspension.
SEC . 584. Section 7591.9 of the
Business and Professions Code is amended to read:
7591.9. If, upon investigation, the chief determines that an
alarm company operator, a qualified manager, or an alarm agent is in
violation of Sections 7597.1, 7597.2, 7597.3, 7597.5, 7597.6,
7598.51, 7598.53, 7599.32, 7599.33, 7599.34, 7599.36, 7599.37,
7599.38, 7599.39, 7599.40, 7599.41, 7599.42, 7599.43, 7599.44,
7599.45, 7599.46, 7599.47, 7599.48, 7599.49, 7599.50, 7599.51,
7599.52, 7599.53, 7599.54, 7599.55, 7599.58, and 7599.59, the
director may issue a citation to, and fine, the alarm company
operator, qualified manager, or alarm agent. The citation and fine
assessment shall be in writing and shall describe with particularity
the nature of the violation, including specific reference to the
provision of law determined to have been violated. The citation shall
contain an order of abatement fixing a reasonable time for abatement
of the violation and may contain assessment of an administrative
fine. The amount of the fine for any single investigation or audit of
an alarm company operator, a qualified manager, or an alarm agent
shall not exceed two thousand five hundred dollars ($2,500).
A citation and fine assessment shall inform the alarm company
operator, qualified manager, or alarm agent that if he or she desires
a review by the Alarm Company Operator Disciplinary Review
Committee an administrative hearing , the
review hearing shall be requested by
written notice to the chief within 30 days of the issuance of the
citation and assessment, as appropriate. If a review
hearing is not requested pursuant to this
section, payment of any fine shall not constitute an admission of the
violation charged. A review hearing
shall be held pursuant to the provisions of Section 7591.19.
If the alarm company operator, qualified manager, or alarm agent
fails to request a review hearing or
fails to pay the assessed fine within 30 days of the assessment, the
license, certificate, or registration shall not be renewed pursuant
to the provisions of this chapter until the assessed fine is paid.
Administrative fines collected pursuant to this section shall be
deposited in the Private Investigator Fund.
SEC. 585. Section 7591.10 of the
Business and Professions Code is amended to read:
7591.10. (a) The director may deny a license, certificate, or
registration regulated by this chapter on the grounds that the
applicant has done any of the following:
(1) Knowingly made a false statement of fact required to be
revealed in the application for a license.
(2) Been convicted of a crime. A conviction within the meaning of
this section means a plea or verdict of guilty or a conviction
following a plea of nolo contendere. Any action which the
bureau director is permitted to take following
the establishment of a conviction may be taken when the time for
appeal has elapsed, or the judgment of conviction has been affirmed
on appeal, or when an order granting probation is made suspending the
imposition of sentence, irrespective of a subsequent order under the
provisions of Section 1203.4 of the Penal Code.
(3) Done any act involving dishonesty, fraud, or deceit with the
intent to substantially benefit himself, herself, or another, or to
substantially injure another.
(4) Done any act which if done by a licensee would be grounds for
suspension or revocation of a license.
(5) Done any act without a license for which a license is required
under this chapter.
(6) Been refused a license under this chapter or had a license
revoked.
(7) Been an officer, partner, or manager of any person who has
been refused a license under this chapter or whose license has been
suspended or revoked.
The bureau director may deny a
license, certificate, or registration pursuant to this section only
if the crime or act is substantially related to the qualifications,
functions, or duties of the license, certificate, or registration for
which application has been made.
The denial of a license, certificate, or registration shall be in
writing and shall describe the basis for the denial. The denial shall
inform the applicant that if he or she desires a review by
the disciplinary review committee the review
an administrative hearing, the hearing shall be requested
within 30 days of the issuance of the denial. A review
hearing shall be held pursuant to the provisions
of Section 7591.19.
(b) Notwithstanding any other provision of this chapter, no person
shall be denied a license, certificate, or registration solely on
the basis that he or she has been convicted of a felony, if he or she
has obtained a certificate of rehabilitation pursuant to Chapter 3.5
(commencing with Section 4852.01) of Title 6 of Part 3 of the Penal
Code, or solely on the basis that he or she has been convicted of a
misdemeanor, if he or she has met all applicable requirements of the
criteria of rehabilitation as provided in Section 7591.12.
SEC. 586. Section 7591.11 of the
Business and Professions Code is amended to read:
7591.11. The bureau director shall
deny a firearms permit, pursuant to Section 12021 of the Penal Code,
to any licensee, qualified manager, or alarm agent who has been
convicted of a felony, unless the felony conviction has been reduced
pursuant to Section 17 of the Penal Code or the person has been
pardoned by the Governor. The licensee, qualified manager, or alarm
agent shall not have a right to a review or a
hearing if the denial is made pursuant to this section.
SEC. 587. Section 7591.17 of the
Business and Professions Code is repealed.
7591.17. The Governor shall appoint an Alarm Company Operator
Disciplinary Review Committee.
The disciplinary review committee shall consist of three members
who are actively engaged in business as licensed alarm company
operators and two public members. The committee shall meet every 60
days, or more or less frequently as may be required. The members
shall be paid per diem pursuant to Section 103 and shall be
reimbursed for actual travel expenses. The members shall serve at the
pleasure of the Governor.
SEC. 588. Section 7591.18 of the
Business and Professions Code is repealed.
7591.18. The Alarm Company Operator Disciplinary Review Committee
shall perform the following functions:
(a) Affirm, rescind, or modify all appealed decisions concerning
administrative fines assessed by the bureau against alarm company
operators or their employees.
(b) Affirm, rescind, or modify all appealed decisions concerning
denial, revocation, or suspension of licenses, and certificates,
registrations, or permits issued by the bureau, except denials or
suspensions ordered by the director in accordance with Chapter 5
(commencing with Section 11500) of Division 3 of Title 2 of the
Government Code.
SEC. 589. Section 7591.19 of the
Business and Professions Code is amended to read:
7591.19. (a) (1) An alarm company operator, qualified
manager, or alarm agent may request a review by the Alarm Company
Operator Disciplinary Review Committee to contest the assessment of
an administrative fine or to appeal a denial, revocation, or
suspension unless the denial or suspension is ordered by the director
in accordance with Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code or in accordance
with Section 7591.8 of this code.
(2) A request for a review shall be by written notice to the
bureau within 30 days of the issuance of the citation and assessment,
denial, or suspension.
(3) Following a review by the disciplinary review committee, the
appellant shall be notified within 30 days, in writing, by regular
mail, of the committee's decision.
(4) If the appellant disagrees with the decision made by the Alarm
Company Operator Disciplinary Review Committee, he or she may
request a hearing as outlined in subdivision (b). A request for a
hearing following a decision by the disciplinary review committee
shall be by written notice to the bureau within 30 days of the
committee's decision.
(5) If the appellant does not request a hearing within 30 days,
the review committee's decision shall become final.
(b) (1)
(a) An alarm company operator, qualified
manager, or alarm agent may request a hearing in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code if he or she contests an assessment of
an administrative fine, or to appeal a denial, suspension, or
revocation. A hearing may also be requested if the appellant
disagrees with the decision made by the Alarm Company Operator
Disciplinary Review Committee.
(2)
(b) A request for a hearing shall be by
written notice to the bureau within 30 days of the issuance of
the decision by the review committee. A hearing pursuant to
this subdivision shall be available only after a review by the
disciplinary review committee assessment of an
administrative fine, or denial, suspension, or revocation by the
director, chief, or bureau .
SEC. 590. Section 7591.20 of the
Business and Professions Code is repealed.
7591.20. The disciplinary review committee shall be provided all
evidence used by the bureau in reaching its decision prior to hearing
an appeal.
SEC. 591. Section 7801 of the Business
and Professions Code is amended to read:
7801. "Board," as used in this chapter, means the Board
for Geologists and Geophysicists. Any reference in
any law or regulation this chapter to the "board" or
to the State Board of Registration for Geologists and
Geophysicists in any law or regulation shall be deemed to
refer to the Board for Geologists and Geophysicists
Director of Consumer Affairs .
SEC. 592. Section 7810 of the Business
and Professions Code is repealed.
7810. The Board for Geologists and Geophysicists is within the
department and is subject to the jurisdiction of the department.
Except as provided in this section, the board shall consist of eight
members, five of whom shall be public members, two of whom shall be
geologists, and one of whom shall be a geophysicist.
Each member shall hold office until the appointment and
qualification of the member's successor or until one year has elapsed
from the expiration of the term for which the member was appointed,
whichever occurs first. Vacancies occurring prior to the expiration
of the term shall be filled by appointment for the remainder of the
unexpired term.
Each appointment shall be for a four-year term expiring June 1 of
the fourth year following the year in which the previous term
expired. No person shall serve as a member of the board for more than
two consecutive terms.
The Governor shall appoint three of the public members and the
three members qualified as provided in Section 7811. The Senate
Committee on Rules and the Speaker of the Assembly shall each appoint
a public member, and their initial appointment shall be made to
fill, respectively, the first and second public member vacancies that
occurred on or after January 1, 1983.
At the time the first vacancy is created by the expiration of the
term of a public member appointed by the Governor, the board shall be
reduced to consist of seven members, four of whom shall be public
members, two of whom shall be geologists, and one of whom shall be a
geophysicist. Notwithstanding any other provision of law, the term of
that member shall not be extended for any reason, except as provided
in this section.
This section shall become inoperative on July 1, 2009, and, as of
January 1, 2010, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2010, deletes or extends
the dates on which it becomes inoperative and is repealed. The repeal
of this section renders the board subject to the review required by
Division 1.2 (commencing with Section 473).
SEC. 593. Section 7810.1 of the
Business and Professions Code is amended to read:
7810.1. Protection of the public shall be the highest priority
for the Board for Geologists and Geophysicists
department in exercising its licensing, regulatory, and
disciplinary functions. Whenever the protection of the public is
inconsistent with other interests sought to be promoted, the
protection of the public shall be paramount.
SEC. 594. Section 7811 of the Business
and Professions Code is repealed.
7811. Each member of the board shall be a citizen of the United
States, shall be at least 30 years of age, and shall have been a
resident of this state for at least five years immediately preceding
his appointment. Each of the first appointed geologist members of the
board shall have at least 12 years active experience and shall be a
qualified geologist; each subsequent geologist member of the board
shall be a geologist registered under this chapter. The first
appointed geophysicist member shall have at least 12 years active
experience and shall be a qualified geophysicist. Each subsequent
geophysicist member shall be a geophysicist registered under this
chapter. The board shall include not less than one engineering
geologist and one petroleum geologist, as determined by the Governor.
SEC. 595. Section 7815 of the Business
and Professions Code is repealed.
7815. Each member of the board shall receive a per diem and
expenses as provided in Section 103.
SEC. 596. Section 7815.5 of the
Business and Professions Code is repealed.
7815.5. The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board and
vested in him or her by this chapter.
This section shall become inoperative on July 1, 2009, and, as of
January 1, 2010, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2010, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 597. Section 7816 of the Business
and Professions Code is repealed.
7816. The board shall meet annually and at such other times as it
may determine.
SEC. 598. Section 7817 of the Business
and Professions Code is repealed.
7817. Five members of the board shall constitute a quorum for the
transaction of business; provided, however, that four members of the
board shall constitute a quorum for the transaction of business when
the board's membership is reduced to seven pursuant to Section 7810.
SEC. 599. Section 7818 of the Business
and Professions Code is amended to read:
7818. The board department ,
pursuant to the provisions contained in Chapter 4.5 (commencing with
Section 11371) of Part 1 of Division 3 of Title 2 of the Government
Code, may adopt, amend , or repeal rules and regulations
to carry out the provisions of this chapter.
SEC. 60 0. Section 7819 of the
Business and Professions Code is amended to read:
7819. Except as otherwise provided by law, all records of the
board department relating to geologists and
geophysicists shall be open to inspection by the public during
regular office hours.
SEC. 601. Section 7820 of the Business
and Professions Code is repealed.
7820. The board shall have and use a seal bearing the name "State
Board for Geologists and Geophysicists."
SEC. 602. Section 7821 of the Business
and Professions Code is amended to read:
7821. The board department shall
prepare annually a list of the names and addresses of every person
who is registered by it and a list of every person whose registration
has been suspended or revoked within the previous year. Such lists
shall be mailed to the county clerks of each county and shall be held
by him or her as a public record.
SEC. 603. Section 7822 of the Business
and Professions Code is amended to read:
7822. The board department may, by
regulation, provide for the division of the certification of
registration into different specialties, including, but not limited
to, petroleum, mining, and ground water
groundwater , and may issue certificates in one or more of the
specialties in which the applicant demonstrated proficiency. The
board department shall provide such a
certificate for those qualified in engineering geology.
SEC. 604. Section 7823 of the Business
and Professions Code is amended to read:
7823. The board director shall have
the authority to appoint committees as required or as deemed
advisable to perform duties as the board
director may direct ; provided, however, that the
board shall not delegate any final decisionmaking authority to any
committee that has as a member any person who is not a member of the
board .
Membership on those committees is at the pleasure of the
board director .
No member of a committee shall receive any other compensation than
his or her necessary expenses, as approved by the board
director , connected with the performance of his
or her duties as a member of the committee.
SEC. 605. Section 7825 of the Business
and Professions Code is amended to read:
7825. The board department shall
establish relations with bodies which regulate the practice of
geology and geophysics, or closely related geologic and geophysical
disciplines, or which register geologists and geophysicists in the
other states, and may establish relations with such bodies in other
countries, for the purposes of working toward (1)
(a) uniformly high professional standards and (2)
(b) mutual recognition of registration.
SEC. 606. Section 7840 of the Business
and Professions Code is amended to read:
7840. An application for registration as a geologist or for
registration as a geophysicist shall be made to the board
department on a form prescribed by it and shall
be accompanied by the application fee fixed by this chapter.
SEC. 607. Section 7850.5 of the
Business and Professions Code is amended to read:
7850.5. An applicant who has passed the examination for a
certified specialty geologist and has otherwise qualified under this
chapter in the specialty, upon payment of the
fee fixed by this chapter shall have a
certificate issued to him or her as a certified specialty geologist.
A certificate of certified specialty geologist shall be signed by
the president and executive officer and issued under the
seal of the board director .
SEC. 608. Section 7850.6 of the
Business and Professions Code is amended to read:
7850.6. An applicant who has passed the examination for a
certified specialty geophysicist and has otherwise qualified under
this chapter in the specialty, upon payment of the fee fixed by this
chapter shall have a certificate issued to him or her as a certified
specialty geophysicist. A certificate of certified specialty
geophysicist shall be signed by the president and executive
officer and issued under the seal of the board
director .
SEC. 609. Section 7855 of the Business
and Professions Code is amended to read:
7855. Any applicant who is denied registration or authorization
shall, in writing, be so notified and informed of the reason
therefor. Within 30 days after receipt of notice, such applicant may
make written request to the board department
for a hearing which, if granted, shall be conducted as
specified in Section 7861.
SEC. 610. Section 8000 of the Business
and Professions Code is amended to read:
8000. There is in the Department of Consumer Affairs a
Court Reporters Board of California, which consists of five members,
three of whom shall be public members and two of whom shall be
holders of certificates issued under this chapter who have been
actively engaged as shorthand reporters within this state for at
least five years immediately preceding their appointment
Any reference to the "board" in this chapter, or to the Court
Reporters Board of California in any law or regulation, shall be
deemed to refer to the Department of Consumer Affairs or, if
appropriate, the Director of Consumer Affairs .
This section shall become inoperative on July 1, 2009, and, as of
January 1, 2010, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2010, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 611. Section 80 01 of the
Business and Professions Code is repealed.
8001. Appointment as a member of the board shall be for a term of
four years. Members of the board shall hold office until the
appointment and qualification of their successors or until one year
shall have elapsed since the expiration of the term for which they
were appointed, whichever first occurs. No person shall serve as a
member of the board for more than two consecutive terms except as
provided in Section 131. Vacancies occurring shall be filled by
appointment for the unexpired term.
The Governor shall appoint one of the public members and the two
certified members qualified as provided in Section 8000. The Senate
Rules Committee and the Speaker of the Assembly shall each appoint a
public member.
SEC. 612. Section 8002 of the Business
and Professions Code is repealed.
8002. Each member of the board shall receive a per diem and
expenses as provided in Section 103.
SEC. 613. Section 8003 of the Business
and Professions Code is amended to read:
8003. At each yearly meeting a chairman and vice
chairman shall be elected from the membership of the board. Three
members shall constitute a quorum for the transaction of business.
The board department shall
keep a complete record of all its proceedings , and all
certificates issued, renewed, or revoked, together with a detailed
statement of receipts and disbursements , as they
relate to this chapter .
SEC. 614. Section 8004 of the Business
and Professions Code is amended to read:
8004. The expenses of the members of the board and the
expenses of the board department that are
necessary to carry out the provisions of this chapter shall be paid
from the fees collected under this chapter and such expenses shall
not exceed the amount so collected.
SEC. 615. Section 8005 of the Business
and Professions Code is repealed.
8005. The Court Reporters Board of California is charged with the
executive functions necessary for effectuating the purposes of this
chapter. It may appoint committees as it deems necessary or proper.
The board may appoint, prescribe the duties, and fix the salary of an
executive officer. Except as provided by Section 159.5, the board
may also employ other employees as may be necessary, subject to civil
service and other provisions of law.
This section shall become inoperative on July 1, 2008, and, as of
January 1, 2009, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2009, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 616. Section 8005.1 of the
Business and Professions Code is amended to read:
8005.1. Protection of the public shall be the highest priority
for the Court Reporters Board of California
department in exercising its licensing, regulatory, and
disciplinary functions with respect to courtreporters .
Whenever the protection of the public is inconsistent with other
interests sought to be promoted, the protection of the public shall
be paramount.
SEC. 617. Section 8008 of the Business
and Professions Code is amended to read:
8008. The board department has the
following powers and duties:
(a) To adopt a seal.
(b) By affirmative vote of at least three members of the
board, to To suspend, revoke, or impose any
other disciplinary action against a certificate for any cause
specified in this chapter.
(c) To charge and collect all fees as provided for in this
chapter.
(d) To require the renewal of all certificates.
(e) To issue subpoenas, to administer oaths, and to take testimony
concerning any matter within the jurisdiction of the board.
(f) To investigate the actions of any licensee, upon receipt of a
verified complaint in writing from any person, for alleged acts or
omissions constituting grounds for disciplinary action under the
chapter.
(g) To administer the Transcript Reimbursement Fund described in
Section 8030.2.
SEC. 618. Section 8502 of the Business
and Professions Code is repealed.
8502. "Board" refers to the Structural Pest Control Board.
SEC. 619. Section 8520 of the Business
and Professions Code is amended to read:
8520. (a) There is in the Department of Consumer Affairs
a Structural Pest Control Board, which consists of seven members
Any reference to the "board" in this chapter, or to
the Structural Pest Control Board in any law or regulation, shall be
deemed to refer to the Department of Consumer Affairs or, if
appropriate, the Director of Consumer Affairs .
(b) Subject to the jurisdiction conferred upon the director by
Division 1 (commencing with Section 100) of this code, the
board department is vested with the power to and
shall administer the provisions of this chapter.
(c) It is the intent of the Legislature that consumer protection
is the primary mission of the board
department .
(d) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board
this chapter subject to the review required by Division 1.2
(commencing with Section 473).
SEC. 620. Section 8520.1 of the
Business and Professions Code is amended to read:
8520.1. Protection of the public shall be the highest priority
for the Structural Pest Control Board
department in exercising its licensing, regulatory, and
disciplinary functions. Whenever the protection of the public is
inconsistent with other interests sought to be promoted, the
protection of the public shall be paramount.
SEC. 621. Section 8521 of the Business
and Professions Code is repealed.
8521. The board is composed of seven members, three of whom shall
be, and shall have been for a period of not less than five years
preceding the date of their appointment, operators licensed under
this chapter actively engaged in the business of pest control and who
are residents of this state, and four public members who shall not
be licentiates of the board.
SEC. 622. Section 8522 of the Business
and Professions Code is repealed.
8522. Members of the board shall be appointed for a term of four
years, subject to removal by the appointing power at his or her
pleasure.
Vacancies shall be filled by the appointing power for the
unexpired term.
Each member shall hold office until the appointment and
qualification of his or her successor or until one year shall have
elapsed since the expiration of the term for which he or she was
appointed, whichever first occurs. No person shall serve as a member
of the board for more than two consecutive terms.
Each appointment shall be for a four-year term expiring June 1 of
the fourth year following the year in which the previous term
expires.
The Governor shall appoint two of the public members and the two
licensed members qualified as provided in Section 8521. The Senate
Rules Committee and the Speaker of the Assembly shall each appoint a
public member, and their initial appointment shall be made to fill,
respectively, the first and second public member vacancies which
occur on or after January 1, 1983.
The Governor shall appoint the member who is a licentiate of the
board provided at the 1983 portion of the 1983-84 Regular Session of
the Legislature on or before January 15, 1984, and that member's term
shall expire on January 15, 1988. Each appointment thereafter shall
be for a four-year term expiring on January 15th.
SEC. 623. Section 8523 of the Business
and Professions Code is repealed.
8523. The board shall organize and elect a president who shall
serve for one year.
The board shall meet annually during the month of October.
Special meetings may be called at any time by the president or by
any three members of the board, upon notice for such time and in such
manner as the board may provide.
SEC. 624. Section 8524 of the Business
and Professions Code is repealed.
8524. Four members of the board shall constitute a quorum for the
transaction of business, for the performance of any duty, or the
exercise of any power or authority of the board.
A vacancy on the board shall not impair the power of the remaining
members to perform all duties and exercise all powers of the board
providing the members remaining constitute a quorum.
SEC. 625. Section 8525 of the Business
and Professions Code is amended to read:
8525. The board, subject to the approval of the
director , may, in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, adopt, amend, repeal, and enforce
reasonably necessary rules and regulations relating to the practice
of pest control and its various branches as established by Section
8560 and the administration of this chapter.
The board department shall also
consult with the Department of Pesticide Regulation when developing
or adopting regulations that may affect the Department of Pesticide
Regulation or the county agricultural commissioner's responsibilities
pursuant to Division 7 (commencing with Section 12501) of the Food
and Agricultural Code.
SEC. 626. Section 8526 of the Business
and Professions Code is repealed.
8526. Each member of the board shall receive a per diem and
expenses as provided in Section 103.
SEC. 627. Section 8527 of the Business
and Professions Code is repealed.
8527. The board shall adopt and use a seal. The seal shall have
the words "Structural Pest Control Board, State of California," and
such other devices as the board may desire, engrossed thereon. The
registrar shall have the care and custody of the seal.
SEC. 628. Section 8706 of the Business
and Professions Code is amended to read:
8706. "Board" refers to Any reference to
the "board" in this chapter, or the Board for Professional
Engineers and Land Surveyors in any law or regulation, shall be
deemed to refer to the Department of Consumer Affairs, or if
appropriate, to the Director of Consumer Affairs .
SEC. 629. Section 8707 of the Business
and Professions Code is repealed.
8707. "Executive officer" refers to the executive officer of the
board.
SEC. 630. Section 8707 is added to the
Business and Professions Code , to read:
8707. Any reference to "executive officer" shall be deemed to
refer to the Director of Consumer Affairs.
SEC. 631. Section 8710 of the Business
and Professions Code is amended to read:
8710. (a) The Board for Professional Engineers and Land
Surveyors department is vested with power to
administer the provisions and requirements of this chapter, and may
make and enforce rules and regulations that are reasonably necessary
to carry out its provisions.
(b) The board department may adopt
rules and regulations of professional conduct that are not
inconsistent with state and federal law. The rules and regulations
may include definitions of incompetence and negligence. Every person
who holds a license or certificate issued by the board
department pursuant to this chapter, or a
license or certificate issued to a civil engineer pursuant to Chapter
7 (commencing with Section 6700), shall be governed by these rules
and regulations.
(c) This section shall become inoperative on July 1,
2011, and, as of January 1, 2012, is repealed, unless a later enacted
statute, which becomes effective on or before January 1, 2012,
deletes or extends the dates on which it becomes inoperative and is
repealed. The repeal of this section shall render
the board this chapter subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 632. Section 8711 of the Business
and Professions Code is amended to read:
8711. The executive officer of the board
department shall keep a complete record of all applications for
license and the board's department's
action thereon.
SEC. 633. Section 8712 of the Business
and Professions Code is amended to read:
8712. The board department shall
compile and maintain, or may have compiled and maintained on its
behalf, a register of all licensed land surveyors that includes the
following information for each licensee:
(a) Name.
(b) Address of record.
(c) Type of branch license.
(d) License number.
(e) The date the license was issued.
(f) The date the license will expire.
SEC. 634. Section 8715 of the Business
and Professions Code is amended to read:
8715. The board director may
establish licensed land surveyor technical advisory committees to
advise and assist the board director
with respect to the following:
(1) The review and verification of applications for licensure.
(2) The evaluation and investigation of potential violations of
this chapter.
(3) The amendment, repeal, adoption, or revision of board rules,
regulations, policies, or procedures.
SEC. 635. Section 8715.1 of the
Business and Professions Code is amended to read:
8715.1. Each member of each technical advisory committee shall be
appointed by the board director and
shall serve at the pleasure of the board
director . Each committee shall be composed of no more than
five members.
SEC. 636. Section 8720 of the Business
and Professions Code is amended to read:
8720. The board director , when it
deems necessary, may establish land surveyors review committees to
hear all matters assigned by the board
director , including, but not limited to, any contested case
which is assigned by the board director
. Each committee shall exist so long as the board
director deems that it is necessary.
SEC. 637. Section 8720.1 of the
Business and Professions Code is amended to read:
8720.1. Each review committee shall consist of no fewer than
three licensed land surveyors appointed by the board
director . Each member of a committee
shall have the same qualifications and shall be subject to the same
rules and regulations as if he were a member of the board.
SEC. 638. Section 8720.4 of the
Business and Professions Code is amended to read:
8720.4. At the conclusion of any hearing which is conducted by a
committee, the committee shall prepare a proposed decision, in such
form that it may be adopted by the board
director as the decision in the case, and shall transmit it to
the board director . The proposed
decision shall be subject to the same procedure as the proposed
decision of a hearing officer under subdivisions (b) and (c) of
Section 11517 of the Government Code.
SEC. 639. Section 8720.5 of the Business
and Professions Code is amended to read:
8720.5. The board director may
adopt, amend, or repeal, in accordance with the provisions
of Chapter Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) , of
Part 1 , of Division 3, of
Title 2 of the Government Code Code)
, rules and regulations necessary to implement the provisions
of this article.
SEC. 640. Section 8720.6 of the
Business and Professions Code is amended to read:
8720.6. Each member of a land surveyors review committee or other
board-appointed director-
appointed committee and any board-appointed
director- appointed representative of the
board director shall be granted the
same immunity as is granted to a public employee pursuant to Article
3 (commencing with Section 820) of Chapter 1 of Part 2 of Division
3.6 of Title 1 of the Government Code.
SEC. 641. Section 10147 of the Business
and Professions Code is amended to read:
10147. (a) On or before January 1, 1993, the Seismic
Safety Commission Department of General Services
shall develop, adopt, and publish a Commercial Property Owner's
Guide to Earthquake Safety for distribution to licensees for purposes
of Section 2079.9 of the Civil Code and, upon request, to any member
of the general public.
(b) In developing the guide, the Seismic Safety
Commission Department of General Services shall
consult with the Office of Emergency Services, the Division of Mines
and Geology of the Department of Conservation, the Department of Real
Estate, and other interested agencies and persons.
(c) The commission Department of General
Services shall, to the extent possible, rely on currently
available data to develop the guide. To the extent necessary, the
commission Department of General Services
may contract for the development and production of the guide.
The commission Department of General Services
shall update the contents of the guide whenever it determines
that information within the guide is sufficiently inaccurate or
incomplete so as to reduce the effectiveness of the guide. The
commission Department of General Services
shall charge a fee to cover the costs of production,
distribution, development, and updating the guide.
(d) The guide shall include, but need not be limited to, all of
the following:
(1) Maps and information on geologic and seismic hazard conditions
in the state.
(2) Explanations of typical structural and nonstructural
earthquake hazards.
(3) Recommendations for mitigating the hazards of an earthquake,
including references and explanations of what constitutes "adequate
wall anchorage" as defined in Section 8893.1 of the Government Code.
(4) A statement that there are no guarantees of safety or damage
prevention that can be made with respect to a major earthquake and
that only precautions, such as retrofitting, can be taken to reduce
the risk of various types of earthquake damage. For purposes of
preparing the statement, the commission
Department of General Services shall confer with insurers and
design professional associations.
(5) Notice of the obligation to post a sign as required by
Section 8875.8 of the Government Code.
SEC. 642. Section 10149 of the Business
and Professions Code is amended to read:
10149. (a) On or before July 1, 1992, the Seismic Safety
Commission The Department of General Services
shall develop, adopt, and publish a Homeowner's Guide to Earthquake
Safety for distribution to licensees for purposes of Section 2079.8
of the Civil Code and, upon request, to any member of the general
public.
(b) In developing the guide, the Seismic Safety
Commission Department of General Services shall
consult with the Office of Emergency Services, the Division of Mines
and Geology of the Department of Conservation, the Department of Real
Estate, and other interested agencies and persons.
(c) The commission Department of General
Services shall, to the extent possible, rely on currently
available data to develop the guide. To the extent necessary, the
commission Department of General Services
may contract for the development and production of the guide.
The commission Department of General Services
shall update the contents of the guide whenever it determines
that information within the guide is sufficiently inaccurate or
incomplete so as to reduce the effectiveness of the guide. The
commission Department of General Services
shall charge a fee to cover the costs of production,
distribution, development, and updating the guide.
(d) The guide shall include, but need not be limited to, all of
the following:
(1) Maps and information on geologic and seismic hazard conditions
for all areas of the state.
(2) Explanations of the related structural and nonstructural
hazards.
(3) Recommendations for mitigating the hazards of an earthquake.
(4) A statement that there are no guarantees of safety or damage
prevention that can be made with respect to a major earthquake and
that only precautions, such as retrofitting, can be taken to reduce
the risk of various types of earthquake damage. For purposes of
preparing the statement, the commission
Department of General Services shall confer with insurers and
design professional associations.
SEC. 643. Section 12541 of the Business
and Professions Code is repealed.
12541. (a) The department shall establish a seven-member advisory
committee consisting of the following members:
(1) Two members representing registered service agencies.
(2) Two members representing county sealers or directors of
weights and measures.
(3) One member representing device manufacturers.
(4) One member representing industry clients of service agencies.
(5) One member representing the general public.
(b) Except as provided in subdivision (c), the term of office of
the members of the committee is three years. Vacancies shall be
filled by the department for any unexpired term.
(c) Initial appointments to the committee shall be made as
follows:
(1) One representative of registered service agencies, and one
representative of county sealers or directors of weights and measures
shall be appointed for one year.
(2) One representative of device manufacturers, one representative
of county sealers or directors of weights and measures, and one
representative of industry clients of service agencies shall be
appointed for two years.
(3) One representative of registered service agencies, and one
representative of the general public shall be appointed for three
years.
(d) The committee shall be advisory to the department in all
matters concerning the registration of service agencies.
SEC. 644. Section 19164 of the Business
and Professions Code is amended to read:
19164. The bureau may, by regulation, establish insulation
material standards governing the quality of all insulation material
sold or installed within this state, including those properties that
affect the safety and thermal performance of insulation material
during application and in the use intended. The standards shall
specify the initial performance of the insulation material and the
performance expected during the design life of the insulation
material. Until the bureau has adopted these requlations
regulations , the regulations of the Energy
Resources Conservation and Development Commission in effect on the
effective date of this section relating to those standards shall
remain in full force and effect. However, wherever those regulations
specify that the commission shall perform an act, the bureau instead
shall perform the act.
Prior to establishing the standards and procedures required by
this chapter, the bureau shall conduct at least two public hearings,
and shall invite the Energy Resources Conservation and Development
Commission, the State Fire Marshal, manufacturers, distributors, and
licensed installers of insulation materials, and appropriate members
of the public to participate in the hearings. Immediately upon
adoption of the standards and procedures, the bureau shall provide a
copy of the standards to the Energy Resources Conservation and
Development Commission, and the Contractors' State License
Board Department of Consumer Services . Within
30 days after receipt of the bureau's standards, the
Contractors' State License Board Department of
Consumer Services shall notify all state licensed contractors
who install insulation of the standards.
Insulation standards adopted by the bureau, pursuant to this
section, and by the Energy Resources Conservation and Development
Commission, pursuant to Section 25402 of the Public Resources Code,
which are building standards as defined in Section 25488.5 shall be
submitted to the State Building Standards Commission
Department of General Services for
approval pursuant to, and are governed by, the State Building
Standards Law, Part 2.5 (commencing with Section 18901) of Division
13 of the Health and Safety Code. The building standards adopted by
the bureau and published in the State Building Standards Code shall
comply with, and be enforced as provided in, this section.
SEC. 645. Section 56.30 of the Civil
Code is amended to read:
56.30. The disclosure and use of the following medical
information shall not be subject to the limitations of this part:
(a) (Mental health and developmental disabilities) Information and
records obtained in the course of providing services under Division
4 (commencing with Section 4000), Division 4.1 (commencing with
Section 4400), Division 4.5 (commencing with Section 4500), Division
5 (commencing with Section 5000), Division 6 (commencing with Section
6000), or Division 7 (commencing with Section 7100) of the Welfare
and Institutions Code.
(b) (Public social services) Information and records that are
subject to Sections 10850, 14124.1, and 14124.2 of the Welfare and
Institutions Code.
(c) (State health services, communicable diseases, developmental
disabilities) Information and records maintained pursuant to former
Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of
the Health and Safety Code and pursuant to the Communicable Disease
Prevention and Control Act (subdivision (a) of Section 27 of the
Health and Safety Code).
(d) (Licensing and statistics) Information and records maintained
pursuant to Division 2 (commencing with Section 1200) and Part 1
(commencing with Section 102100) of Division 102 of the Health and
Safety Code; pursuant to Chapter 3 (commencing with Section 1200) of
Division 2 of the Business and Professions Code; and pursuant to
Section 8608, 8817, or 8909 of the Family Code.
(e) (Medical survey, workers' safety) Information and records
acquired and maintained or disclosed pursuant to Sections 1380 and
1382 of the Health and Safety Code and pursuant to Division 5
(commencing with Section 6300) of the Labor Code.
(f) (Industrial accidents) Information and records acquired,
maintained, or disclosed pursuant to Division 1 (commencing with
Section 50), Division 4 (commencing with Section 3200), Division 4.5
(commencing with Section 6100), and Division 4.7 (commencing with
Section 6200) of the Labor Code.
(g) (Law enforcement) Information and records maintained by a
health facility which are sought by a law enforcement agency under
Chapter 3.5 (commencing with Section 1543) of Title 12 of Part 2 of
the Penal Code.
(h) (Investigations of employment accident or illness) Information
and records sought as part of an investigation of an on-the-job
accident or illness pursuant to Division 5 (commencing with Section
6300) of the Labor Code or pursuant to Section 105200 of the Health
and Safety Code.
(i) (Alcohol or drug abuse) Information and records subject to the
federal alcohol and drug abuse regulations (Part 2 (commencing with
Section 2.1) of subchapter A of Chapter 1 of Title 42 of the Code of
Federal Regulations) or to Section 11977 of the Health and Safety
Code dealing with narcotic and drug abuse.
(j) (Patient discharge data) Nothing in this part shall be
construed to limit, expand, or otherwise affect the authority of the
California Health Facilities Commission to collect patient discharge
information from health facilities.
(k) Medical information and records disclosed to, and their use
by, the Insurance Commissioner, the Director of the Department of
Managed Health Care, the Division of Industrial Accidents, the
Workers' Compensation Employment and Benefits
Appeals Board, the Department of Insurance, or the Department
of Managed Health Care.
SEC. 646. Section 2079.11 of the Civil
Code is amended to read:
2079.11. (a) Except as provided in subdivision (b), to the extent
permitted by law, the consumer information publications referred to
in this article, including, but not limited to, the information
booklets described in Section 10084.1 of the Business and Professions
Code and Section 25402.9 of the Public Resources Code, shall be in
the public domain and freely available.
(b) Notwithstanding subdivision (a), the Seismic Safety
Commission's Department of General Services'
Homeowner's Guide to Earthquake Safety, published pursuant to Section
10149 of the Business and Professions Code, shall be made available
to the public at cost and for reproduction at no cost to any vendor
who wishes to publish the guide, provided the vendor agrees to submit
the guide to the commission prior to publication for content
approval.
SEC. 647. Section 1245.210 of the Code
of Civil Procedure is amended to read:
1245.210. As used in this article, "governing body" means:
(a) In the case of a taking by a local public entity, the
legislative body of the local public entity.
(b) In the case of a taking by the Sacramento and San Joaquin
Drainage District, the State Reclamation Board
Department of Water Resources .
(c) In the case of a taking by the State Public Works Board
pursuant to the Property Acquisition Law (Part 11 (commencing with
Section 15850) of Division 3 of Title 2 of the Government Code), the
State Public Works Board.
(d) In the case of a taking by the Department of Fish and Game
pursuant to Section 1348 of the Fish and Game Code, the Wildlife
Conservation Board.
(e) In the case of a taking by the Department of Transportation
(other than a taking pursuant to Section 21633 of the Public
Utilities Code or Section 30100 of the Streets and Highways Code),
the California Transportation Commission.
(f) In the case of a taking by the Department of Transportation
pursuant to Section 21633 of the Public Utilities Code, the
California Transportation Commission.
(g) In the case of a taking by the Department of Transportation
pursuant to Section 30100 of the Streets and Highways Code, the
California Transportation Commission.
(h) In the case of a taking by the Department of Water Resources,
the California Water Commission Department of
Water Resources .
(i) In the case of a taking by the University of California, the
Regents of the University of California.
(j) In the case of a taking by the State Lands Commission, the
State Lands Commission.
(k) In the case of a taking by Hastings College of Law, the board
of directors of that college.
SEC. 648. Section 1245.250 of the Code
of Civil Procedure is amended to read:
1245.250. (a) Except as otherwise provided by statute, a
resolution of necessity adopted by the governing body of the public
entity pursuant to this article conclusively establishes the matters
referred to in Section 1240.030.
(b) If the taking is by a local public entity, other than a
sanitary district exercising the powers of a county water district
pursuant to Section 6512.7 of the Health and Safety Code, and the
property is electric, gas, or water public utility property, the
resolution of necessity creates a rebuttable presumption that the
matters referred to in Section 1240.030 are true. This presumption is
a presumption affecting the burden of proof.
(c) If the taking is by a local public entity and the property
described in the resolution is not located entirely within the
boundaries of the local public entity, the resolution of necessity
creates a presumption that the matters referred to in Section
1240.030 are true. This presumption is a presumption affecting the
burden of producing evidence.
(d) For the purposes of subdivision (b), a taking by the
State Reclamation Board Department of Water Resources
for the Sacramento and San Joaquin Drainage District is not a
taking by a local public entity.
SEC. 649. Section 1330 of the Education
Code is amended to read:
1330. (a) The Superintendent of Public Instruction
or the Board of Governors of the California Community
Colleges, as appropriate, shall represent, and exercise rights of
appeal to the Unemployment Insurance
Employment and Benefits Appeals Board under this part on behalf
of school employers held under Section 1336 of the Unemployment
Insurance Code.
(b) The Superintendent of Public Instruction or
Board of Governors of the California Community Colleges is hereby
authorized to obtain pertinent personnel records and data from any
school employer and to act as an agent individually or collectively
for school employers in matters pertaining to unemployment insurance.
(c) Each county superintendent of schools shall have the
responsibility of establishing, coordinating, and maintaining, either
directly or by contract, an unemployment insurance management system
for each school employer participating in the School Employees Fund
under Article 6 (commencing with Section 821) of Chapter 3 of Part 1
of Division 1 of the Unemployment Insurance Code. A management system
shall include general administration, claims management, appointment
of hearing representatives, representation of school employers at
hearings, and other duties related to the unemployment insurance
program in their jurisdiction. These duties and responsibilities may
be delegated to any school district, community college district,
another county superintendent of schools, or any combination of these
entities, including programs under joint powers agreements for the
purpose of consolidation for economy and employment of specialists,
including the services of a regional data center operated by a county
superintendent of schools or the data-processing services of a
school district or a community college district. School employers not
participating in the School Employees Fund shall be responsible for
the development and maintenance of their own unemployment insurance
management system required by this subdivision.
(d) Each school employer shall perform pursuant to the type of
financing elected, and shall, as required, respond to the
Superintendent of Public Instruction or Board of
Governors of the California Community Colleges and the county
superintendent of schools or designated agency as soon as possible,
in no case later than 48 hours, to inquiries made on behalf of the
county superintendent or the Superintendent of Public
Instruction or Board of Governors of the California
Community Colleges in reference to any aspect of eligibility, notice
of claim or appeal under the unemployment insurance program. Each
county superintendent or agent thereof who is responsible for
administering the unemployment insurance program shall be responsible
for timely responses to any inquiry by the administrator,
Superintendent of Public Instruction ,
State Treasurer, Controller, or other officer or person
responsible for disbursements from the School Employees Fund in the
State Treasury as established by Section 822 of the Unemployment
Insurance Code, or the Unemployment Fund in the State Treasury. Any
school employer which that fails to pay
the contributions, interest, charges or levies within the time
required shall be liable for interest on moneys due at the rate of 1
percent per month or fraction thereof from and after the date of
delinquency until paid. If the school employer fails, without good
cause, to pay any sums required within the time required, a penalty
of 10 percent of the amount noticed, billed or required shall be made
by the administrator. The administrator may for good cause waive all
or a portion of interest and penalty.
(e) The administrator of the School Employees Fund shall, from
available interest earnings, pursuant to investments authorized by
Section 822 of the Unemployment Insurance Code, transfer each year an
amount equal to two dollars ($2) per covered employee for all
districts participating in the School Employees Fund under Article 6
(commencing with Section 821) of Chapter 3 of Part 1 of Division 1 of
the Unemployment Insurance Code, to the Superintendent of
Public Instruction or the Board of Governors of the
California Community Colleges, as appropriate. The Superintendent
of Public Instruction or the Board of Governors of
the California Community Colleges, as appropriate, shall apportion
the two dollars ($2) per covered employee amount, less actual state
administrative costs not to exceed five cents ($0.05) per covered
employee, to the county superintendent of schools to cover costs of
administering the unemployment insurance management system specified
in subdivision (c).
(f) For the fiscal year 1978-79, and each fiscal year thereafter,
the administrator of the School Employees Fund shall transfer the
funds by December 31 of each year based on the reports received from
the Superintendent of Public Instruction or Board
of Governors of the California Community Colleges by November 30 of
each year. The reports shall be compiled from the number of covered
employees as reported by the county superintendent of schools or
community colleges, as appropriate, to the Superintendent of
Public Instruction or the Board of Governors of the
California Community Colleges by November 1 of each year, based on
the covered employees employed in the preceding calendar month. The
funds shall be apportioned by the Superintendent of Public
Instruction and the Board of Governors of the California
Community Colleges prior to January 31 of each year to the county
superintendent of schools, less the actual administrative costs of
the Superintendent of Public Instruction or the
Board of Governors of the California Community Colleges, which shall
not exceed an aggregate amount of five cents ($0.05) per covered
employee. Funds for the cost of administering the unemployment
insurance management system shall be apportioned to each county
superintendent of schools according to the number of covered
employees in each district reported by him or her, and shall be used
only for the purpose of covering actual administrative costs incurred
pursuant to Section 1330.
SEC. 650. Article 14 (commencing with Section
8286) of Chapter 2 of Part 6 of Division 1 of Title 1 of
the Education Code is repealed.
SEC. 651. Section 8480 of the Education
Code is repealed.
8480. The advisory committee established pursuant to Section 8286
shall perform all of the following functions with regard to this
chapter:
(a) Assist the State Department of Education in developing and
reviewing guidelines for the administration of this chapter.
(b) Serve in an advisory capacity to the Superintendent of Public
Instruction and the Governor for program policy decisions.
(c) Review the implementation of this chapter.
SEC. 652. Section 11001 of the
Education Code is amended to read:
11001. The Chancellor of the California State University shall
establish an advisory committee to assist in selecting proposals to
be funded and developing criteria for project evaluation. The
committee shall be composed of the following members:
(a) Two certificated secondary school teachers, including at least
one junior high or intermediate school teacher, appointed by the
Superintendent of Public Instruction.
(b) Two certificated secondary school employees with
responsibility for curriculum administration, appointed by the
Superintendent of Public Instruction.
(c) One director of a regional consortium participating in the
California Student Opportunity Access Program established pursuant to
Chapter 113 of the Statutes of 1978, appointed by the
Student Aid Commission Office of Higher Education and
Financial Aid .
(d) Two representatives of the California Community Colleges, to
be appointed by the Board of Governors of the California Community
Colleges, at least one of whom shall be a faculty member.
(e) Two representatives of the California State University, to be
appointed by the Chancellor of the California State University, at
least one of whom shall be a faculty member.
(f) Two representatives of the University of California, appointed
by the President of the University of California, at least one of
whom shall be a faculty member.
(g) One representative, appointed by the Director of the
California Postsecondary Education Commission Office
of Higher Education and Financial Aid .
Faculty appointments to the advisory committee shall be made by
the appropriate appointing authority through consultation with the
faculty senate.
SEC. 653. Section 17250.40 of the
Education Code is amended to read:
17250.40. The Superintendent of Public Instruction
shall, in consultation with the Secretary for Education,
the Department of General Services, the Energy Resources,
Conservation and Development Commission, Seismic Safety
Commission, school district representatives, and industry
representatives, develop guidelines for design-build projects. The
guidelines shall be developed within six months of the operative date
of this chapter.
SEC. 654. Section 17280.5 of the
Education Code is amended to read:
17280.5. (a) The Seismic Safety Commission
Department of General Services shall convene an advisory
committee that shall include, but not be limited to, the State
Architect, the State Fire Marshall, representatives from the major
professional associations representing architects, engineers, and
school facilities designers, and other interested parties.
(b) The advisory committee shall convene by August 19, 2002, and
shall study and report on whether a regulatory process may be
developed that will allow the State Architect to determine whether a
building not originally constructed in compliance with the Field Act,
as defined in Section 17281, and its implementing regulations either
meets, or can be retrofitted to meet, the equivalent pupil safety
performance standard as a building constructed according to the Field
Act and its implementing regulations. If the advisory committee
finds that the regulatory process may be developed, the advisory
committee, shall include within its report the facts and rationale
supporting the finding and the essential steps required in that
regulatory process. The advisory committee shall report its findings
to the Seismic Safety Commission Department
of General Services by December 31, 2002.
(c) By January 8, 2003, and after reviewing the advisory committee'
s findings, the Seismic Safety Commission
Department of General Services shall make a determination as to
whether the regulatory process described in subdivision (b) may be
developed, and shall report that determination to the Governor and
the Legislature.
(d) If the Seismic Safety Commission
Department of General Se rvices determines that the
regulatory process may be developed, the State Architect shall draft
regulations to establish that regulatory process and to delineate the
required retrofitting, deconstructive testing, continuous inspection
procedures, and other necessary certifications and requirements that
must be completed for a building to ensure it meets the equivalent
pupil safety performance standard as a building constructed according
to the Field Act and its implementing regulations. The State
Architect shall promulgate the regulations on or before April 1,
2003, as emergency regulations in accordance with the rulemaking
provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code).
(e) Notwithstanding any law, a leased or purchased building that
is determined to have the equivalent pupil safety performance
standard as a building constructed according to the Field Act and
implementing regulations is hereby deemed to be in full compliance
with the safety requirements of a school building as set forth in
Section 17280, and is hereby deemed to be in full compliance with the
Field Act.
SEC. 655. Section 17317 of the
Education Code is amended to read:
17317. (a) The Department of General Services shall , in
consultation with the Seismic Safety Commission, conduct
an inventory of public school buildings that are concrete tilt-up
school buildings and school buildings with nonwood frame walls that
do not meet the minimum requirements of the 1976 Uniform Building
Code. Priority shall be given to the school buildings identified in
the act that added this section that are in the highest seismic risk
zones in accordance with the seismic hazard maps of the Division of
Mines and Geology of the Department of Conservation.
(b) The Department of General Services shall submit a report by
December 31, 2001, to the Legislature and the Governor that
summarizes the findings of the seismic safety inventory and makes
recommendations about future actions that should be taken to address
the problems found by the seismic safety inventory. The report shall
not identify individual schoolsites on which inventoried school
buildings are located.
SEC. 656. Section 19952 of the
Education Code , as added by Section 1 of Chapter 49
of the Statutes of 1988, is amended to read:
19952. As used in this chapter, the following terms have the
following meanings:
(a) "Committee" means the California Library Construction and
Renovation Finance Committee created pursuant to Section 19972.
(b) "Fund" means the California Library Construction and
Restoration Fund created pursuant to Section 19955.
(c) "Board" means the California Library Construction and
Renovation Board. The board includes the State Librarian, the
Treasurer, the Director of Finance, the Assembly Member appointed by
the Speaker of the Assembly, and the Senator appointed by the Senate
Rules Committee B oard of
D irectors of the California Infrastructure and
Economic Development Bank, created pursuant to Section 63021.5 of the
Government Code .
Legislative members of the board shall meet with, and participate
in, the work of the board to the extent that their participation is
not incompatible with their duties as Members of the Legislature. For
the purposes of this chapter, Members of the Legislature who are
members of the board shall constitute a joint legislative committee
on the subject matter of this chapter.
SEC. 657. Section 19972 of the
Education Code is amended to read:
19972. (a) Solely for the purpose of authorizing the issuance and
sale, pursuant to the State General Obligation Bond Law, of the
bonds authorized by this chapter, the California Library Construction
and Renovation Finance Committee is hereby created. For purposes of
this chapter, the California Library Construction and Renovation
Finance Committee is the "committee" as that term is used in the
State General Obligation Bond Law. The committee consists of the
Treasurer, the State Librarian, the Director of Finance, or their
designated representatives. The Treasurer shall serve as chairperson
of the committee. A majority of the committee may act for the
committee.
(b) For purposes of the State General Obligation Bond Law, the
California Library Construction and Renovation Board
B oard of D
irectors of the California Infrastructure and Economic
Development Bank, created pursuant to Section 63021.5 of the
Government Code, is designated the "board."
SEC. 658. Section 19986 of the
Education Code is amended to read:
19986. As used in this chapter, the following terms have the
following meanings:
(a) "Committee" means the California Library Construction and
Renovation Finance Committee established pursuant to Section 19972.
(b) "Fund" means the California Public Library Construction and
Renovation Fund created pursuant to Section 19955 .
(c) "Board" means the California Public Library
Construction and Renovation Board. This board is comprised of the
State Librarian, the Treasurer, the Director of Finance, an Assembly
Member appointed by the Speaker of the Assembly, a Senator appointed
by the Senate Rules Committee, and a member appointed by the Governor
B oard of D
irectors of the California Infrastructure and Economic
Development Bank, created pursuant to Section 63021.5 of the
Government Code .
Legislative members of the board shall meet with, and participate
in, the work of the board to the extent that their participation is
not incompatible with their duties as Members of the Legislature. For
the purposes of this chapter, Members of the Legislature who are
members of the board shall constitute a joint legislative committee
on the subject matter of this chapter.
SEC. 659. Section 20002 of the
Education Code is amended to read:
20002. (a) For purposes of this chapter, the California Library
Construction and Renovation Finance Committee established pursuant to
Section 19972 is the "committee" as that term is used in the State
General Obligation Bond Law.
(b) For purposes of the
State General Obligation Bond Law, the California Public
Library Construction and Renovation Board established pursuant to
subdivision (c) of Section 19986 B oard of
D irectors of the California
Infrastructure and Economic Development Bank, created pursuant to
Section 63021.5 of the Government Code is designated the
"board."
SEC. 660. Section 32282 of the
Education Code is amended to read:
32282. (a) The comprehensive school safety plan shall include,
but not be limited to, both of the following:
(1) Assessing the current status of school crime committed on
school campuses and at school-related functions.
(2) Identifying appropriate strategies and programs that will
provide or maintain a high level of school safety and address the
school's procedures for complying with existing laws related to
school safety, which shall include the development of all of the
following:
(A) Child abuse reporting procedures consistent with Article 2.5
(commencing with Section 11164) of Chapter 2 of Title 1 of
Part 4 of the Penal Code.
(B) Disaster procedures, routine and emergency, including
adaptations for pupils with disabilities in accordance with the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et
seq.). The disaster procedures shall also include, but not be limited
to, both of the following:
(i) Establishing an earthquake emergency procedure system in every
public school building having an occupant capacity of 50 or more
pupils or more than one classroom. A district or county office may
work with the Office of Emergency Services and the Seismic
Safety Commission Department of General Services
to develop and establish the earthquake emergency procedure system.
The system shall include, but not be limited to, all of the
following:
(I) A school building disaster plan, ready for implementation at
any time, for maintaining the safety and care of pupils and staff.
(II) A drop procedure whereby each pupil and staff member takes
cover under a table or desk, dropping to his or her knees, with the
head protected by the arms, and the back to the windows. A drop
procedure practice shall be held at least once each school quarter in
elementary schools and at least once a semester in secondary
schools.
(III) Protective measures to be taken before, during, and
following an earthquake.
(IV) A program to ensure that pupils and both the certificated and
classified staff are aware of, and properly trained in, the
earthquake emergency procedure system.
(ii) Establishing a procedure to allow a public agency, including
the American Red Cross, to use school buildings, grounds, and
equipment for mass care and welfare shelters during disasters or
other emergencies affecting the public health and welfare. The
district or county office shall cooperate with the public agency in
furnishing and maintaining the services as the district or county
office may deem necessary to meet the needs of the community.
(C) Policies pursuant to subdivision (d) of Section 48915 for
pupils who committed an act listed in subdivision (c) of Section
48915 and other school-designated serious acts which would lead to
suspension, expulsion, or mandatory expulsion recommendations
pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of
Part 27 of Division 4 of Tit le 2 .
(D) Procedures to notify teachers of dangerous pupils pursuant to
Section 49079.
(E) A discrimination and harassment policy consistent with the
prohibition against discrimination contained in Chapter 2 (commencing
with Section 200) of Part 1.
(F) The provisions of any schoolwide dress code, pursuant to
Section 35183, that prohibits pupils from wearing "gang-related
apparel," if the school has adopted that type of a dress code. For
those purposes, the comprehensive school safety plan shall define
"gang-related apparel." The definition shall be limited to apparel
that, if worn or displayed on a school campus, reasonably could be
determined to threaten the health and safety of the school
environment. Any schoolwide dress code established pursuant to this
section and Section 35183 shall be enforced on the school campus and
at any school-sponsored activity by the principal of the school or
the person designated by the principal. For the purposes of this
paragraph, "gang-related apparel" shall not be considered a protected
form of speech pursuant to Section 48950.
(G) Procedures for safe ingress and egress of pupils, parents, and
school employees to and from school.
(H) A safe and orderly environment conducive to learning at the
school.
(I) The rules and procedures on school discipline adopted pursuant
to Sections 35291 and 35291.5.
(J) Hate crime reporting procedures pursuant to Chapter 1.2
(commencing with Section 628) of Title 15 of Part 1 of the Penal
Code.
(b) It is the intent of the Legislature that schools develop
comprehensive school safety plans using existing resources, including
the materials and services of the partnership, pursuant to this
chapter. It is also the intent of the Legislature that schools use
the handbook developed and distributed by the School/Law Enforcement
Partnership Program entitled "Safe Schools: A Planning Guide for
Action" in conjunction with developing their plan for school safety.
(c) Grants to assist schools in implementing their comprehensive
school safety plan shall be made available through the partnership as
authorized by Section 32285.
(d) Each schoolsite council or school safety planning committee in
developing and updating a comprehensive school safety plan shall,
where practical, consult, cooperate, and coordinate with other
schoolsite councils or school safety planning committees.
(e) The comprehensive school safety plan may be evaluated and
amended, as needed, by the school safety planning committee, but
shall be evaluated at least once a year, to ensure that the
comprehensive school safety plan is properly implemented. An updated
file of all safety-related plans and materials shall be readily
available for inspection by the public.
(f) The comprehensive school safety plan, as written and updated
by the schoolsite council or school safety planning committee, shall
be submitted for approval under subdivision (a) of Section 32288.
SEC. 661. Section 35296 of the
Education Code is amended to read:
35296. The governing board of each private school shall establish
an earthquake emergency procedure system in every private school
building under its jurisdiction having an occupant capacity of 50 or
more pupils or more than one classroom. A governing board may work
with the Office of Emergency Services and the Seismic Safety
Commission Department of General Services to
develop and establish the earthquake emergency procedure systems.
SEC. 662. Section 49116 of the
Education Code is amended to read:
49116. (a) While school is in session, an employer shall not
employ a minor 14 or 15 years of age for more than three hours in any
day, nor more than 18 hours in any week, nor during school hours,
except that a minor enrolled in and employed pursuant to a
school-supervised and school-administered work experience and career
exploration program may be employed for no more than 23 hours, any
portion of which may be during school hours.
(b) An employer shall not employ a minor 16 or 17 years of age for
more than four hours in any day in on
which that minor is required by law to attend school for 240 minutes
or more, except as follows:
(1) The minor is employed in personnel attendance occupations, as
defined in the Industrial Welfare Commission
Labor and Workforce Development Agency Minimum Wage Order No.
15, school-approved work experience, or cooperative vocational
education programs.
(2) The minor has been issued a permit to work pursuant to
subdivision (c) of Section 49112 and is employed in accordance with
the provisions of that permit.
(c) If evidence is shown, to the satisfaction of the authority
issuing the permit to work, that the schoolwork or the health of the
minor is being impaired by the employment, that authority may revoke
the permit.
(d) Nothing in this section shall apply to any minor employed to
deliver newspapers to consumers.
SEC. 663. Section 66021.2 of the
Education Code is amended to read:
66021.2. Consistent with the state's historic commitment to
provide educational opportunity by ensuring both student access to
and selection of an institution of higher education for students with
financial need, the long-term policy of the
Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program established
pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42
shall be as follows:
(a) Commencing with the 2001-02 academic year and every
year thereafter, an An applicant for a Cal Grant
A or B award shall receive an award that is not in excess of the
financial need amount determined by the Student Aid
Commission Office of Higher Education and Financial
Aid pursuant to Section 69432.9 if he or she complies with all
of the following requirements:
(1) Demonstrates financial need under the criteria adopted
pursuant to Section 69432.9.
(2) Attains a grade point average, as defined in Section 69432.7,
meeting the requirements of Chapter 1.7 (commencing with Section
69430) of Part 42.
(3) Complies with each of the eligibility criteria applicable to
the type of Cal Grant award for which he or she is applying.
(b) (1) The maximum Cal Grant A award for a student attending the
University of California or the California State University shall
equal the mandatory systemwide fees in each of those segments.
(2) The maximum Cal Grant B award for a student to which this
subdivision is applicable shall equal the mandatory systemwide fees
in the segment attended by the student, except for community college
students who receive waivers from the Board of Governors of the
California Community Colleges, plus the access award calculated as
specified in Article 3 (commencing with Section 69435) of Chapter 1.7
of Part 42, except that in the first year of enrollment in a
qualifying institution, the maximum award shall be only for the
amount of the access award.
(c) The maximum Cal Grant awards for students attending nonpublic
institutions shall be as follows:
(1) The maximum Cal Grant A award shall equal the tuition award
level established in the Budget Act of 2000, or the amount as
adjusted in subsequent annual budget acts.
(2) The maximum Cal Grant B award shall equal the amount of the
tuition award as established in the Budget Act of 2000, or the amount
as adjusted in subsequent annual budget acts, plus the amount of the
access costs specified in Section 69435, except that, in the first
year of enrollment in a qualifying institution, the maximum award
shall be only for the amount of the access award.
(d) Commencing with the 2000-01 academic year, and each academic
year thereafter, the Cal Grant C award shall be utilized
used only for occupational or technical
training.
(e) Commencing with the 2000-01 academic year, and each academic
year thereafter, the Cal Grant T award shall be used only for one
academic year of full-time attendance in a program of professional
preparation that has been approved by the California Commission on
Teacher Credentialing.
(f) An institution of higher education in this state that
participates in the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant
Program shall not reduce its level of per capita need-based
institutional financial aid to undergraduate students, excluding
loans, below the total level awarded in the 2000-01 academic year.
(g) The implementation of the policy set forth in this section
shall maintain a balance between the state's policy goals of ensuring
student access to and selection of an institution of higher
education for students with financial need and academic merit.
(h) It is the policy of the State of California that the
Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program supplement
the federal Pell Grant program.
(i) An award under the Ortiz-Pacheco-Poochigian-Vasconcellos Cal
Grant Program shall not guarantee admission to an institution of
higher education or admission to a specific campus or program.
SEC. 664. Section 66022 of the
Education Code is amended to read:
66022. (a) The governing board of every community college
district, the Trustees of the California State University, the
Regents of the University of California, and the Board of Directors
of the Hastings College of the Law shall adopt regulations providing
for the withholding of institutional services from students or former
students who have been notified in writing at the student's or
former student's last known address that he or she is in default on a
loan or loans under the Federal Family Education Loan Program.
"Default," for purposes of this section, means the failure of a
borrower to make an installment payment when due, or to meet other
terms of the promissory note under circumstances where
in which the guarantee agency finds it
reasonable to conclude that the borrower no longer intends to honor
the obligation to repay, provided that this failure persists for 180
days for a loan repayable in monthly installments, or 240 days for a
loan repayable in less frequent installments.
(b) The regulations adopted pursuant to subdivision (a) shall
provide that the services withheld may be provided during a period
when the facts are in dispute or when the student or former student
demonstrates to either the governing board of the community college
district, the Trustees of the California State University, the
Regents of the University of California, or the Board of Directors of
the Hastings College of the Law, as appropriate, or to the
Student Aid Commission Office of Higher Education and
Financial Aid , or both the Student Aid Commission
Office of Higher Education and Financial Aid and
the appropriate entity or its designee, that reasonable progress has
been made to repay the loan or that there exists
is a reasonable justification for the delay as determined
by the institution. The regulations shall specify the services to be
withheld from the student and may include, but are not limited to,
the following:
(1) The provision of grades.
(2) The provision of transcripts.
(3) The provision of diplomas.
The adopted regulations shall not include the withholding of
registration privileges.
(c) When If it has been determined
that an individual is in default on a loan or loans specified in
subdivision (a), the Student Aid Commission
Office of Higher Education and Financial Aid shall give notice
of the default to all institutions through which that individual
acquired the loan or loans.
(d) This section shall not impose any requirement upon the
University of California or the Hastings College of the Law unless
the Regents of the University of California or the Board of Directors
of the Hastings College of the Law, respectively, by resolution,
make this section applicable.
(e) Guarantors, or those who act as their agents or act under
their control, who provide information to postsecondary educational
institutions pursuant to this section, shall defend, indemnify, and
hold harmless the governing board of every community college
district, the Trustees of the California State University, the
Regents of the University of California, and the Board of Directors
of the Hastings College of the Law from action resulting from
compliance with this section when if
the action arises as a result of incorrect, misleading, or untimely
information provided to the postsecondary educational institution by
the guarantors, their agents, or those acting under the control of
the guarantors.
SEC. 665. The heading of Chapter 11 (commencing
with Section 66900) of Part 40 of Division 5 of Title 3 of the
Education Code is amended to read:
CHAPTER 11. CALIFORNIA POSTSECONDARY EDUCATION
COMMISSION PLANNING AND COORDINATING FUNCTIONS OF THE
OFFICE OF HIGHER EDUCATION AND FINANCIAL AID
SEC. 666. Section 66900 of the
Education Code is amended to read:
66900. (a) It is the intent of the Legislature that the
California Postsecondary Education Commission (CPEC)
Office of Higher Education and Financial Aid be responsible for
coordinating public, independent, and private postsecondary
education in California and providing independent policy analyses and
recommendations to the Legislature and the Governor on postsecondary
education issues. In this respect, the Legislature finds as follows:
(1) California, in its adoption of the 1960 Master Plan for Higher
Education, established the Coordinating Council for Higher Education
, the commission's predecessor as the statewide
coordinating and planning board for higher education.
(2) In 1973, the Legislature's Joint Committee on Higher Education
reviewed the 1960 Master Plan for Higher Education and ultimately
advanced a report that included recommendations for strengthening
California's higher education plan. The committee's work resulted in
the disestablishment of the Coordinating Council for Higher Education
and the establishment of the California Postsecondary Education
Commission , the immediate predecessor of the Office of Higher
Education and Financial Aid .
(3) Assembly Bill 770 (Chapter 1187 of the Statutes of 1973)
strengthened the membership of the commission by having a majority of
its members represent the general public. That bill also increased
the commission's responsibilities with respect to advising the
Legislature and the Governor on issues related to governance,
operation, and financing of higher education in California.
(4) Since 1974, the commission has served as the state's
independent planning and coordination agency for postsecondary
education policy, responsible for providing analyses and
recommendations to the Legislature and the Governor related to
long-range planning for public postsecondary education and the state
policy and programs involving independent and private postsecondary
education sectors.
(5) In 1990, Senate Bill 1570 (Chapter 1587 of the Statutes of
1990) codified the commission's mission statement developed by the
1989 Joint Committee for the Review of the Master Plan for Higher
Education.
(6) The commission has administered specifically designated
federal programs and in July 1993, it was named the state's
designated agency to administer the new federal state postsecondary
review entity (SPRE).
(b) It is the intent of the Legislature that the
commission Office of Higher Education and Financial
Aid maintain the essential role it plays
heretofore played by the commission in coordinating all
sectors of postsecondary education, both public and private, given
the size, scope, and complexity of California's higher education
system.
(c) It is further the intent of the Legislature, as follows:
(1) That the education policy recommendations of the
commission Office of Higher Education and Financial
Aid shall be a primary consideration in developing state policy
and funding for postsecondary education.
(2) That the commission Office of Higher
Education and Financial Aid shall develop and maintain a data
collection system capable of documenting the performance of
postsecondary education institutions in meeting the post high school
education and training needs of California's diverse population.
(3) That the commission Office of Higher
Education and Financial Aid , as the state's
planning and coordinating agency, shall ensure the effective
utilization of public postsecondary education resources, thereby
eliminating waste and unnecessary duplication, and shall promote
diversity, innovation, and responsiveness to student and societal
needs.
(4) That the commission Office of Higher
Education and Financial Aid shall encourage the participation
of faculty members, students, administrators, and members of the
general public in carrying out its duties and responsibilities.
SEC. 667. Section 66901 of the
Education Code is repealed.
66901. There is hereby created the California Postsecondary
Education Commission, which shall be advisory to the Governor, the
Legislature, other appropriate governmental officials, and
institutions of postsecondary education. The commission shall be
composed of the following members:
(a) One representative of the Regents of the University of
California designated by the regents, one representative of the
Trustees of the California State University designated by the
trustees, and one representative of the Board of Governors of the
California Community Colleges designated by the board.
Representatives of the regents, the trustees, and the board of
governors shall be chosen from among the appointed members of their
respective boards, but in no instance shall an ex officio member of a
governing board serve on the commission.
(b) One representative of the independent California colleges and
universities that are formed and operated as nonprofit corporations
in this state and are accredited by a regional association that is
recognized by the United States Department of Education. This member
shall be appointed by the Governor from a list or lists submitted by
an association or associations of those institutions.
(c) The chair or the designee of the chair of the Council for
Private Postsecondary and Vocational Education.
(d) The President of the State Board of Education or his or her
designee from among the other members of the board.
(e) Nine representatives of the general public appointed as
follows: three by the Governor, three by the Senate Rules Committee,
and three by the Speaker of the Assembly. It is the intent of the
Legislature that the commission be broadly and equitably
representative of the general public in the appointment of its public
members and that the appointing authorities, therefore, shall confer
to assure that their combined appointments include adequate
representation on the basis of sex and on the basis of the
significant racial, ethnic, and economic groups in the state.
(f) Two student representatives, each of whom shall be enrolled at
a California postsecondary education institution at the time of
appointment and during the term of service, except that a student
member who graduates from an institution with no more than six months
of his or her term remaining shall be permitted to serve for the
remainder of the term. The Governor shall appoint the student members
from persons nominated by the appropriate student organizations of
each of the postsecondary education segments. For each student member
of the commission, the appropriate student organization may submit a
list of nominees. The list shall specify not less than three and not
more than five nominees. The appropriate student organization for
each segment shall be a composite group of at least five
representative student government associations, as determined by the
commission.
(g) The student member appointed to the commission shall not be
enrolled in the same segment as the outgoing student member or in the
same segment of the other sitting student member.
(h) No person who is employed by any institution of public or
private postsecondary education shall be appointed to or serve on the
commission, except that a person who is not a permanent, full-time
employee and who has part-time teaching duties that do not exceed six
hours per week may be appointed to and serve on the commission.
The commission members designated in subdivisions (a), (c), and
(d) shall serve at the pleasure of their respective appointing
authorities. The member designated in subdivision (b) shall serve a
three-year term. The members designated in subdivision (e) shall each
serve a six-year term. The members designated in subdivision (f)
shall each serve a two-year term. The respective appointing authority
may appoint an alternate for each member who may, during the member'
s absence, serve on the commission and vote on matters before the
commission. When vacancies occur prior to expiration of terms, the
respective appointing authority may appoint a member for the
remainder of the term.
Any person appointed pursuant to this section may be reappointed
to serve additional terms.
All terms subsequent to the initial appointments, which became
effective on January 10, 1974, shall begin on January 1 of the year
in which the respective terms are to start.
Any person appointed pursuant to this section who no longer has
the position that made him or her eligible for appointment may
nonetheless complete his or her term of office on the commission.
No person appointed pursuant to this section shall, with respect
to any matter before the commission, vote for or on behalf of, or in
any way exercise the vote of, any other member of the commission.
The commission shall meet as often as it deems necessary to carry
out its duties and responsibilities.
Any member of the commission who in any calendar year misses more
than one-third of the meetings of the full commission forfeits his or
her office, thereby creating a vacancy.
The commission shall select a chair from among the members
representing the general public. The chair shall hold office for a
term of one year and may be selected to successive terms.
There is established an advisory committee to the commission and the
director, consisting of the chief executive officers of each of the
public segments, or their designees, the Superintendent of Public
Instruction or his or her designee, and an executive officer from
each of the groups of institutions designated in subdivisions (b) and
(c) to be designated by the respective commission representative
from these groups. Commission meeting agenda items and associated
documents shall be provided to the committee in a timely manner for
its consideration and comments.
The commission may appoint any subcommittees or advisory
committees it deems necessary to advise the commission on matters of
educational policy. The advisory committees may consist of commission
members or nonmembers, or both, including students, faculty members,
segmental representatives, governmental representatives, and
representatives of the public.
The commission shall appoint and may remove a director in the
manner hereafter specified. The director shall appoint persons to any
staff positions the commission may authorize.
The commission shall prescribe rules for the transaction of its
own affairs, subject, however, to all the following requirements and
limitations:
(1) The votes of all representatives shall be recorded.
(2) Effective action shall require the affirmative vote of a
majority of all the duly appointed members of the commission, not
including vacant commission seats.
(3) The affirmative votes of two-thirds of all the duly appointed
members of the commission, not including vacant commission seats,
shall be necessary to the appointment of the director.
SEC. 668. Section 66902 of the
Education Code is amended to read:
66902. The commission Office of Higher
Education and Financial Aid shall have power to require the
governing boards and the institutions of public postsecondary
education to submit data on plans and programs, costs, selection and
retention of students, enrollments, plant capacities and other
matters pertinent to effective planning, policy development,
articulation and coordination, and shall furnish information
concerning such those matters to the
Governor and to the Legislature as requested by them.
SEC. 669. Section 66903 of the
Education Code is amended to read:
66903. The commission Office of Higher
Education and Financial Aid has the following functions and
responsibilities in its capacity as the statewide postsecondary
education planning and coordinating agency and adviser to the
Legislature and the Governor:
(a) It shall require the governing boards of the segments of
public postsecondary education to develop and submit to the
commission Office of Higher Education and
Financial Aid institutional and systemwide long-range plans in
a form determined by the commission office
after consultation with the segments.
(b) It shall prepare a state plan for postsecondary education that
shall integrate the planning efforts of the public segments with
other pertinent plans. The commission Office
of Higher Education and Financial Aid shall seek to resolve
conflicts or inconsistencies among segmental plans in consultation
with the segments. If these consultations are unsuccessful, the
commission Office of Higher Education and
Financial Aid shall report the unresolved issues to the
Legislature with recommendations for resolution. In developing the
plan, the commission Office of Higher
Education and Financial Aid shall consider at least the
following factors:
(1) The need for, and location of, new facilities.
(2) The range and kinds of programs appropriate to each
institution or system.
(3) The budgetary priorities of the institutions and systems of
postsecondary education.
(4) The impact of various types and levels of student charges on
students and on postsecondary education programs and institutions.
(5) The appropriate levels of state-funded student financial aid.
(6) The access and admission of students to postsecondary
education.
(7) The educational programs and resources of independent and
private postsecondary institutions.
(8) The provisions of this division differentiating the functions
of the public systems of higher education.
(c) It shall update the plan periodically, as appropriate.
(d) It shall participate in appropriate stages of the executive
and the legislative budget processes as requested by the executive
and the legislative branches, and shall advise the executive and the
legislative branches as to whether segmental programmatic budgetary
requests are compatible with the state plan. It is not intended that
the commission Office of Higher Education and
Financial Aid hold independent budget hearings.
(e) It shall advise the Legislature and the Governor regarding the
need for, and location of, new institutions and campuses of public
higher education.
(f) It shall review proposals by the public segments for new
programs, the priorities that guide them, and the degree of
coordination with nearby public, independent, and private
postsecondary educational institutions, and shall make
recommendations regarding those proposals to the Legislature and the
Governor.
(g) In consultation with the public segments, it shall establish a
schedule for segmental review of selected educational programs,
evaluate the program approval, review, and disestablishment processes
of the segments, and report its findings and recommendations to the
Legislature and the Governor.
(h) It shall serve as a stimulus to the segments and institutions
of postsecondary education by projecting and identifying societal and
educational needs and encouraging adaptability to change.
(i) It shall periodically collect or conduct, or both collect and
conduct, studies of projected manpower supply and demand, in
cooperation with appropriate state agencies, and disseminate the
results of those studies to institutions of postsecondary education
and to the public in order to improve the information base upon which
student choices are made.
(j) It shall periodically review and make recommendations
concerning the need for, and availability of, postsecondary programs
for adult and continuing education.
(k) It shall develop criteria for evaluating the effectiveness of
all aspects of postsecondary education.
() It shall maintain and update annually an inventory of all
off-campus programs and facilities for education, research, and
community services operated by public and independent institutions of
postsecondary education.
(m) (1) It shall act as a clearinghouse for postsecondary
education information and as a primary source of information for the
Legislature, the Governor, and other agencies. It shall develop and
maintain a comprehensive data base database
that does all of the following:
(A) Ensures comparability of data from diverse sources.
(B) Supports longitudinal studies of individual students as they
progress through the state's postsecondary educational institutions,
based upon the commission's existing student
data base database of the Office
of Higher Educational and Financial Aid through the use of a
unique student identifier.
(C) Is compatible with the California School Information System
and the student information systems developed and maintained by the
public segments of higher education, as appropriate.
(D) Provides Internet access to data, as appropriate, to the
sectors of higher education.
(E) Provides each of the educational segments access to the data
made available to the commission Office of
Higher Education and Financial Aid for the purposes of the data
base, in order to support, most efficiently and effectively,
statewide, segmental, and individual campus educational research
information needs.
(2) The commission Office of Higher
Education and Financial Aid , in implementing paragraph (1),
shall comply with the federal Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. Sec. 1232g) relating to the disclosure of
personally identifiable information concerning students.
(3) The commission Office of Higher
Education and Financial Aid may not make available any
personally identifiable information received from a postsecondary
educational institution concerning students for any regulatory
purpose unless the institution has authorized the commission
office to provide that information on behalf of
the institution.
(4) The commission Office of Higher
Education and Financial Aid shall provide 30-day notification
to the chairpersons of the appropriate legislative policy and budget
committees of the Legislature, to the Director of Finance, and to the
Governor prior to making any significant changes to the student
information contained in the data base
database .
(n) It shall establish criteria for state support of new and
existing programs, in consultation with the public segments, the
Department of Finance, and the Joint Legislative Budget Committee.
(o) It shall comply with the appropriate provisions of the federal
Education Amendments of 1972 ( P.L. Public
Law 92-318), as specified in Section 67000.
(p) It shall consider the relationship among academic education
and vocational education and job training programs, and shall
actively consult with representatives of public and private
education.
(q) It shall review all proposals for changes in eligibility pools
for admission to public institutions and segments of postsecondary
education and shall make recommendations to the Legislature, the
Governor, and institutions of postsecondary education. In carrying
out this subdivision, the commission Office
of Higher Education and Financial Aid periodically shall
conduct a study of the percentages of California public high school
graduates estimated to be eligible for admission to the University of
California and the California State University. The changes made to
this subdivision during the 2001-02 Regular Session of the
Legislature shall be implemented only during those fiscal years for
which funding is provided for the purposes of those provisions in the
annual Budget Act or in another measure.
(r) It shall report periodically to the Legislature and the
Governor regarding the financial conditions of independent
institutions, their enrollment and application figures, the number of
student spaces available, and the respective cost of utilizing those
spaces as compared to providing additional public spaces. The
reports shall include recommendations concerning state policies and
programs having a significant impact on independent institutions.
(s) Upon request of the Legislature or the Governor, it shall
submit to the Legislature and the Governor a report on all matters so
requested that are compatible with its role as the statewide
postsecondary education planning and coordinating agency. Upon
request of individual Members of the Legislature or personnel in the
executive branch, the commission Office of
Higher Education and Financial Aid shall submit information or
a report on any matter to the extent that sufficient resources are
available. From time to time, it also may submit to the Legislature
and the Governor a report that contains recommendations as to
necessary or desirable changes, if any, in the functions, policies,
and programs of the several segments of public, independent, and
private postsecondary education.
(t) In consultation with the public segments, it shall consider
the development of facilities to be used by more than one segment of
public higher education, commonly called "joint-use facilities." It
shall recommend to the Legislature criteria and processes for
different segments to utilize bond funds for these intersegmental,
joint-use facilities.
(u) It may undertake other functions and responsibilities that are
compatible with its role as the statewide postsecondary education
planning and coordinating agency.
SEC. 670. Section 66903.2 of the
Education Code is amended to read:
66903.2. The Office of Statewide Health Planning and Development
shall consult with the commission Office of
Higher Education and Financial Aid in the development by the
office of its Health Manpower Plan and recommendations for meeting
the needs in California for health science personnel. This
consultation shall focus on whether health science education
enrollment levels are adequate to meet the state's health manpower
needs by category and specialty within each category.
SEC. 671. Section 66903.3 of the
Education Code is amended to read:
66903.3. The commission Executive
Director of the Office of Higher Education and Financial Aid
may delegate to the executive director an
officer or employee of the office any power, duty, purpose,
function, or jurisdiction that the commission
executive director may lawfully delegate, including the
authority to enter into and sign contracts on behalf of the
commission. The executive director may redelegate any of those
powers, duties, purposes, functions, or jurisdictions to his or her
designee office , unless by statute, or rule or
regulation, the executive director is expressly required to act
personally.
SEC. 672. Section 66904 of the
Education Code is amended to read:
66904. It is the intent of the Legislature that sites for new
institutions or branches of the University of California and the
California State University, and the classes of off-campus centers as
the commission Office of Higher Education
and Financial Aid shall determine, shall not be authorized or
acquired unless recommended by the commission
office .
It is further the intent of the Legislature that California
community colleges shall not receive state funds for acquisition of
sites or construction of new institutions, branches, or off-campus
centers unless recommended by the commission
Office of Higher Education and Financial Aid . Acquisition or
construction of nonstate-funded community college institutions,
branches, and off-campus centers, and proposals for acquisition or
construction shall be reported to, and may be reviewed and commented
upon by, the commission Office of Higher
Education and Financial Aid .
It is further the intent of the Legislature that existing or new
institutions of public education, other than those described in
subdivision (a) of Section 66010, shall not be authorized to offer
instruction beyond the 14th grade level.
All proposals for new postsecondary educational programs shall be
forwarded to the commission Office of Higher
Education and Financial Aid for review together with supporting
materials and documents that the commission
office may specify. The commission
Office of Higher Education and Financial Aid shall review the
proposals within a reasonable length of time, which time shall not
exceed 60 days following submission of the program and the specified
materials and documents. For the purposes of this section, "new
postsecondary educational programs" means all proposals for new
schools or colleges, all series of courses arranged in a scope or
sequence leading to (1) a graduate or undergraduate degree, or (2) a
certificate of a type defined by the commission
Office of Higher Education and Financial Aid ,
which that have not appeared in a segment's or
district's academic plan within the previous two years, and all
proposals for new research institutes or centers which
that have not appeared in a segment's or
district's academic plan within the previous two years.
It is further the intent of the Legislature that the advice of the
commission Office of Higher Education and
Financial Aid be utilized used in
reaching decisions on requests for funding new and continuing
graduate and professional programs, enrollment levels, and capital
outlay for existing and new campuses, colleges, and off-campus
centers.
SEC. 673. Section 66905 of the
Education Code is amended to read:
66905. It is the intent of the Legislature that the
California Postsecondary Education Commission Office
of Higher Education and Financial Aid annually review and fix
the salary of its director according to a methodology established by
the commission office . This
methodology shall take into consideration the salary of directors of
coordinating boards for higher education in states with postsecondary
education systems comparable to California's in size, complexity,
and level of state expenditures. The comparison states shall include
seven major industrial states, including Illinois, New Jersey, New
York, Ohio, and Texas. The commission Office
of Higher Education and Financial Aid shall notify the
Chairperson of the Joint Legislative Budget Committee of this annual
salary amount. Notwithstanding the provisions of Section 19825 of the
Government Code, the salary shall become effective no sooner than 30
days after written notice of the salary is provided to the
chairperson of the committee, or no sooner than a lesser time as the
chairperson, or his or her designee, may determine.
SEC. 674. Section 66906 of the
Education Code is repealed.
66906. Each member of the commission shall receive a stipend of
fifty dollars ($50) for each day in which he or she attends any
meeting of the commission or any meeting of any committee or
subcommittee of the commission, of which committee or subcommittee he
or she is a member, and which committee or subcommittee meeting is
conducted for the purpose of carrying out the powers and duties of
the commission and, in addition, shall receive his or her actual and
necessary traveling expenses incurred in the course of his or her
duties.
SEC. 675. Article 1.5 (commencing with Section
66910) is added to Chapter 11 of Part 40 of Division 5 of Title 3 of
the Education Code , to read:
Article 1.5. Powers and Duties of the Office of Higher
Education and Financial Aid
66910. The Office of Higher Education and Financial Aid is hereby
created as a separate, independent entity in state government. The
Office of Higher Education and Financial Aid shall be under the
direction and control of an executive officer, who shall be appointed
by, and serve at the pleasure of, the Governor, subject to
confirmation by a vote of a majority of the membership of the Senate.
66910.1. (a) The Office of Higher Education and Financial Aid
succeeds to, and is vested with, all of the duties, powers, purposes,
responsibilities, and jurisdiction of each of the following
entities, each of which shall no longer exist:
(1) The Loan Advisory Council.
(2) The Student Aid Commission.
(3) The California Postsecondary Education Commission.
(b) For purposes of this section, each of the entities listed in
subdivision (a) shall be known as a predecessor entity.
66910.2. (a) All officers and employees of each predecessor
entity who are serving in the state civil service, other than as
temporary employees, shall be transferred to the Office of Higher
Education and Financial Aid. The status, positions, and rights of
those persons shall not be affected by the transfer, and shall be
retained by those persons as officers and employees of the Office of
Higher Education and Financial Aid, pursuant to the State Civil
Service Act (Part 2 (commencing with Section 18500) of Division 5 of
Title 2 of the Government Code), except as to positions exempt from
the civil service.
(b) The Office of Higher Education and Financial Aid shall have
possession and control of all records, papers, offices, equipment,
supplies, moneys, funds, appropriations, licenses, permits,
agreements, contracts, claims, judgments, land, and other property,
real and personal, connected with the administration of, or held for
the benefit or use of, each predecessor entity.
(c) (1) Any regulation or other action, adopted, prescribed,
taken, or performed by an agency or officer in the administration of
a program or in the performance of a duty, responsibility, or
authorization transferred by the act that adds this section shall
remain in effect and shall be deemed to be a regulation or action of
the agency or officer to whom the program, duty, responsibility, or
authorization is transferred.
(2) No suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty,
responsibility, or authorization transferred by the act that adds
this section, shall abate by reason of the transfer of the program,
duty, responsibility, or authorization under the act that adds this
section.
66910.3. No contract, lease, license, bond, or any other
agreement to which a predecessor entity is a party shall be void or
voidable by reason of the act that adds this section, but shall
continue in full force and effect, with the Office of Higher
Education and Financial Aid assuming all of the rights, obligations,
liabilities, and duties of the predecessor entity. That assumption by
the Office of Higher Education and Financial Aid shall not in any
way affect the rights of any party to the contract, lease, license,
bond, or other agreement. A bond issued by a predecessor entity shall
become the indebtedness of the Office of Higher Education and
Financial Aid. Any ongoing obligation or responsibility of the
predecessor entity for managing or maintaining the issuance of bonds
shall be transferred to the Office of Higher Education and Financial
Aid without impairment to any security contained in the bond
instrument.
66910.4. The unexpended balance of all funds available for use by
the predecessor entity in carrying out any of the functions
transferred to the Office of Higher Education and Financial Aid shall
be available for use by the office.
SEC. 676. Section 67312 of the
Education Code is amended to read:
67312. (a) The Board of Governors of the California Community
Colleges and the Trustees of the California State University shall,
for their respective systems, and the Regents of the University of
California may, do the following:
(1) Work with the California Postsecondary Education
Commission Office of Higher Education and Financial
Aid and the Department of Finance to develop formulas or
procedures for allocating funds authorized under this chapter.
(2) Adopt rules and regulations necessary to the operation of
programs funded pursuant to this chapter.
(3) Maintain the present intersegmental efforts to work with the
California Postsecondary Education Commission
Office of Higher Education and Financial Aid and other
interested parties, to coordinate the planning and development of
programs for students with disabilities, including, but not
necessarily limited to, the establishment of common definitions for
students with disabilities and uniform formats for reports required
under this chapter.
(4) Develop and implement, in consultation with students and
staff, a system for evaluating state-funded programs and services for
disabled students on each campus at least every five years. At a
minimum, these systems shall provide for the gathering of outcome
data, staff and student perceptions of program effectiveness, and
data on the implementation of the program and physical accessibility
requirements of Section 794 of Title 29 of the Federal Rehabilitation
Act of 1973.
(b) Commencing in January 1990, and every two years thereafter,
the Board of Governors of the California Community Colleges and the
Trustees of the California State University shall, for their
respective systems, and the Regents of the University of California
may, submit a report to the Governor, the education policy committees
of the Legislature, and the California Postsecondary
Education Commission Office of Higher Education and
Financial Aid on the evaluations developed pursuant to
subdivision (a). These biennial reports shall also include a review
on a campus-by-campus basis of the enrollment, retention, transition,
and graduation rates of disabled students.
SEC. 677. Section 67382 of the
Education Code is amended to read:
67382. (a) (1) On or before January 1, 2004, and every three
years thereafter, the State Auditor shall report the results of an
audit of a sample of not less no fewer
than six institutions of postsecondary education in California that
receive federal student aid, to evaluate the accuracy of their
statistics and the procedures used by the institutions to identify,
gather, and track data for publishing, disseminating, and reporting
accurate crime statistics in compliance with the requirements of the
Jeanne Clery Disclosure of Campus Security Policy and Campus Crime
Statistics Act (20 U.S.C. Sec. 1092 (f)(1) and (5)).
(2) The results of the annual audits described in paragraph (1)
shall be submitted to the respective chairs of the Assembly
Higher Education Committee on Higher Education
and the Senate Education Committee on
Education .
(b) The California Postsecondary Education Commission
Office of Higher Education and Financial Aid
shall provide on its Internet Web site a link to the Internet Web
site of each California institution of higher education that includes
on that Web site the
institution's criminal statistics information.
(c) The Legislature finds and declares that institutions of higher
education that are subject to the Jeanne Clery Disclosure of Campus
Security Policy and Campus Crime Statistics Act (20 U.S.C. Sec. 1092
(f)(1) and (5)), should establish and publicize a policy that allows
victims or witnesses to report crimes to the campus police department
or to a specified campus security authority, on a voluntary,
confidential, or anonymous basis.
SEC. 678. Section 68120.5 of the
Education Code is amended to read:
68120.5. Any determination of eligibility pursuant to Section
68120 shall be consistent with any findings of the Workers'
Compensation Employment and Benefits Appeals
Board, using the same procedures as in workers' compensation
hearings, as to whether the death of the person described under
subdivision (a) of that section was industrial.
SEC. 679. Section 69432.7 of the
Education Code is amended to read:
69432.7. As used in this chapter, the following terms have the
following meanings:
(a) An "academic year" is July 1 to June 30, inclusive. The
starting date of a session shall determine the academic year in which
it is included.
(b) "Access costs" means living expenses and expenses for
transportation, supplies, and books.
(c) "Award year" means one academic year, or the equivalent, of
attendance at a qualifying institution.
(d) "College grade point average" and "community college grade
point average" mean a grade point average calculated on the basis of
all college work completed, except for nontransferable units and
courses not counted in the computation for admission to a California
public institution of higher education that grants a baccalaureate
degree.
(e) "Commission" means the Student Aid Commission.
(f)
(e) "Enrollment status" means part-time status or
full-time status.
(1) Part time, for purposes of Cal Grant eligibility, is defined
as 6 to 11 semester units, inclusive, or the equivalent.
(2) Full time, for purposes of Cal Grant eligibility, is defined
as 12 or more semester units or the equivalent.
(g)
(f) "Expected family contribution," with
respect to an applicant, shall be determined using the federal
methodology pursuant to subdivision (a) of Section 69506 (as
established by Title IV of the federal Higher Education Act of 1965,
as amended (20 U.S.C. Sec. 1070 et seq.)) and applicable rules and
regulations adopted by the commission Office
of Higher Education and Financial Aid .
(h)
(g) "High school grade point average" means
a grade point average calculated on a 4.0 scale, using all academic
coursework, for the sophomore year, the summer following the
sophomore year, the junior year, and the summer following the junior
year, excluding physical education, reserve officer training corps
(ROTC), and remedial courses, and computed pursuant to regulations of
the commission Office of Higher Education
and Financial Aid . However, for high school graduates who
apply after their senior year, "high school grade point average"
includes senior year coursework.
(i)
(h) "Instructional program of not less than
one academic year" means a program of study that results in the award
of an associate or baccalaureate degree or certificate requiring at
least 24 semester units or the equivalent, or that results in
eligibility for transfer from a community college to a baccalaureate
degree program.
(j)
(i) "Instructional program of not less than
two academic years" means a program of study that results in the
award of an associate or baccalaureate degree requiring at least 48
semester units or the equivalent, or that results in eligibility for
transfer from a community college to a baccalaureate degree program.
(k)
(j) "Maximum household income and asset
levels" means the applicable household income and household asset
levels for participants in the Cal Grant Program, as defined and
adopted in regulations by the commission
Office of Higher Education and Financial Aid for the 2001-02
academic year, which shall be set pursuant to the following income
and asset ceiling amounts:
CAL GRANT PROGRAM INCOME CEILINGS
+----------------------+-------------+-------------+
| Cal Grant A, |
| |
| C, and T Cal Grant B |
+----------------------+-------------+-------------+
|Dependent and Independent students with |
|dependents* |
+----------------------+-------------+-------------+
|Family Size |
+----------------------+-------------+-------------+
| Six or more $74,100 $40,700 |
+----------------------+-------------+-------------+
| Five $68,700 $37,700 |
+----------------------+-------------+-------------+
| Four $64,100 $33,700 |
+----------------------+-------------+-------------+
| Three $59,000 $30,300 |
+----------------------+-------------+-------------+
| Two $57,600 $26,900 |
+----------------------+-------------+-------------+
|Independent |
+----------------------+-------------+-------------+
| Single, no $23,500 $23,500 |
|dependents |
+----------------------+-------------+-------------+
| Married $26,900 $26,900 |
+----------------------+-------------+-------------+
*Applies to independent students with dependents other than a
spouse.
CAL GRANT PROGRAM ASSET CEILINGS
+----------------------+-------------+-------------+
| Cal Grant A, |
| |
| C, and T Cal Grant B |
+----------------------+-------------+-------------+
|Dependent** $49,600 $49,600 |
+----------------------+-------------+-------------+
|Independent $23,600 $23,600 |
+----------------------+-------------+-------------+
**Applies to independent students with dependents other than a
spouse.
The commission office shall annually
adjust the maximum household income and asset levels based on the
percentage change in the cost of living within the meaning of
paragraph (1) of subdivision (e) of Section 8 of Article XIII B of
the California Constitution. Any applicant who qualifies to be
considered under the simplified needs test established by federal law
for student assistance shall be presumed to meet the asset level
test under this section. Prior to disbursing any Cal Grant funds, a
qualifying institution shall be obligated, under the terms of its
institutional participation agreement with the commission
office , to resolve any conflicts that may exist
in the data the institution possesses relating to that individual.
(k) "Office" means the Office of Higher Education and Financial
Aid.
() "Qualifying institution" means any of the following:
(1) Any California private or independent postsecondary
educational institution that participates in the Pell Grant program
and in at least two of the following federal campus-based student aid
programs:
(A) Federal Work-Study.
(B) Perkins Loan Program.
(C) Supplemental Educational Opportunity Grant Program.
(2) Any nonprofit institution headquartered and operating in
California that certifies to the commission
office that 10 percent of the institution's operating budget,
as demonstrated in an audited financial statement, is expended for
the purposes of institutionally funded student financial aid in the
form of grants, that demonstrates to the commission
office that it has the administrative capacity
to administer the funds, that is accredited by the Western
Association of Schools and Colleges, and that meets any other
state-required criteria adopted by regulation by the
commission office in consultation with the
Department of Finance. A regionally accredited institution that was
deemed qualified by the commission office
to participate in the Cal Grant Program for the 2000-01
academic year shall retain its eligibility as long as it maintains
its existing accreditation status.
(3) Any California public postsecondary educational institution.
(m) "Satisfactory academic progress" means those criteria required
by applicable federal standards published in Title 34 of the Code of
Federal Regulations. The commission office
may adopt regulations defining "satisfactory academic progress"
in a manner that is consistent with those federal standards.
SEC. 680. Section 69432.8 of the
Education Code is amended to read:
69432.8. The commission office may
determine that an advance payment is essential to ensure that funds
provided pursuant to this chapter to assist students to enroll in
postsecondary education are available at the time students enroll.
Upon making that determination, the commission
office may, on the basis of institutional academic
calendars, advance, per term to authorized postsecondary educational
institutions, the funds for eligible students who have indicated they
will attend those institutions, less an amount based on historical
claim enrollment attrition information. Each institution shall
disburse the funds in accordance with the provisions set forth in the
institutional agreement between the commission
office and the institution.
SEC. 681. Section 69432.9 of the
Education Code is amended to read:
69432.9. (a) A Cal Grant applicant shall submit a complete
official financial aid application pursuant to Section 69433 and
applicable regulations adopted by the commission
office .
(b) Financial need shall be determined using the federal financial
need methodology pursuant to subdivision (a) of Section 69506 and
applicable regulations adopted by the commission
office , and as established by Title IV of the Federal
Higher Education Act of 1965 (20 U.S.C. Secs. 1070 et seq., as
amended). The calculation of financial need shall be consistent with
the commission's office's methodology
for financial need for the 2000-01 academic year.
(1) "Expected family contribution," with respect to an applicant
shall be determined using the federal methodology pursuant to
subdivision (a) of Section 69506 (as established by Title IV of the
federal Higher Education Act of 1965, as amended (20 U.S.C. Secs.
1070 et seq.)) and applicable rules and regulations adopted by the
commission off ice .
(2) Financial need is defined as the difference between the
student's cost of attendance as determined by the commission
office and the expected family contribution.
The calculation of financial need shall be consistent with the
commission's office's methodology for
determining financial need for the 2000-01 academic year as
established by Title IV of the federal Higher Education Act of 1965,
as amended (20 U.S.C. Secs. 1070 et seq.).
(3) (A) The minimum financial need required for receipt of an
initial Cal Grant A or Cal Grant C award shall be not less than the
maximum annual award value for the applicable institution, plus an
additional one thousand five hundred dollars ($1,500) of financial
need.
(B) The minimum financial need required for receipt of an initial
Cal Grant B award shall be no less than seven hundred dollars ($700).
(c) The commission office shall
require that a grade point average be submitted for all Cal Grant A
and B applicants, except for those permitted to provide test scores
in lieu of a grade point average. The commission
office shall require that each report of a grade point
average include a certification, executed under penalty of perjury,
by a school official, that the grade point average reported is
accurately reported. The certification shall include a statement that
it is subject to review by the commission
office or its designee. The commission
office shall adopt regulations that establish a grace period
for receipt of the grade point average and any appropriate
corrections, and that set forth the circumstances under which a
student may submit a specified test score designated by the
commission office , by regulation, in lieu of
submitting a qualifying grade point average. It is the intent of the
Legislature that high schools and institutions of higher education
certify the grade point averages of their students in time to meet
the application deadlines imposed by this chapter.
SEC. 682. Section 69433 of the
Education Code is amended to read:
69433. (a) (1) A Cal Grant Program award shall be based upon the
financial need of the applicant, and shall not exceed the calculated
financial need for any individual applicant. The minimum level of
financial need of each applicant shall be determined by the
commission office pursuant to Section 69432.9.
The commission office may provide
renewal awards.
(2) A student attending a nonpublic institution shall receive a
renewal award for tuition or fees, or both, in an amount not to
exceed the maximum allowable award amount that was in effect in the
year in which the student first received a new award.
(b) A Cal Grant award authorized pursuant to this chapter shall be
defined as a full-time equivalent grant. An award to a part-time
student shall be a fraction of a full-time grant, as determined by
the commission office .
(c) (1) The commission office shall
prescribe the use of standardized student financial aid applications
for California. These applications shall be simple in nature, and
collect common data elements required by the federal government and
those elements needed to meet the objectives of state-funded and
institutional financial aid programs.
(2) The applications prescribed in paragraph (1) shall be utilized
for the Cal Grant Program, all other programs funded by the state or
a public institution of postsecondary education (except for the
Financial Assistance Program of the Board of Governors of the
California Community Colleges authorized by Chapter 1118 of the
Statutes of 1987, for which a simplified application designed for
that sole purpose may be used), and all federal programs administered
by a public postsecondary education institution.
(3) Supplemental application information may be utilized
used if the information is essential to
accomplishing the objectives of individual programs. All supplemental
application information used for the purposes of
commission-administered office -
administered programs shall be subject to approval by the
commission office , and applications
shall be identical for programs with similar objectives, as
determined by the commission office .
(4) Public postsecondary institutions are encouraged to use, but
may decide whether to use, the standard applications for funds
provided by private donors.
(5) The Legislature finds and declares that it is in the best
interest of students that all postsecondary education institutions in
California participating in federal and state-funded financial aid
programs accept the standard applications prescribed by the
commission office .
(d) Nothing in this chapter shall prevent an individual public
postsecondary institution from processing, with its own staff and
fiscal resources, the standard financial aid applications specified
in subdivision (c) for student aid programs for which it has legal
responsibility.
(e) The commission office may enter
into contracts with a public agency or a private entity to improve
the processing and distribution of grants, fellowships, and loans
through the use of electronic networks and unified data
bases databases .
SEC. 683. Section 69433.5 of the
Education Code is amended to read:
69433.5. (a) Only a resident of California, as determined by the
commission office pursuant to Part 41
(commencing with Section 68000), is eligible for an initial Cal Grant
award. The recipient shall remain eligible for award renewal only if
he or she is a California resident, in attendance, and making
satisfactory academic progress at a qualifying institution, as
determined by the commission office .
(b) A part-time student shall not be discriminated against in the
selection of Cal Grant Program award recipients, and an award to a
part-time student shall be approximately proportional to the time the
student spends in the instructional program, as determined by the
commission office . A first-time Cal
Grant Program award recipient who is a part-time student shall be
eligible for a full-time renewal award if he or she becomes a
full-time student.
(c) Cal Grant Program awards shall be awarded without regard to
race, religion, creed, sex, or age.
(d) No applicant shall receive more than one type of Cal Grant
Program award concurrently. Except as provided in Section 69440, no
applicant shall:
(1) Receive one or a combination of Cal Grant Program awards in
excess of the amount equivalent to the award level for a total of
four years of full-time attendance in an undergraduate program,
except as provided in Section 69433.6.
(2) Have obtained a baccalaureate degree prior to receiving a Cal
Grant Program award, except as provided in Section 69440.
(e) A Cal Grant Program award, except as provided in Section
69440, may only be used for educational expenses of a program of
study leading directly to an undergraduate degree or certificate, or
for expenses of undergraduate coursework in a program of study
leading directly to a first professional degree, but for which no
baccalaureate degree is awarded.
(f) Commencing in 1999, the commission shall
office , for students who accelerate college attendance,
shall increase the amount of award proportional to the
period of additional attendance resulting from attendance in classes
that fulfill requirements or electives for graduation during summer
terms, sessions, or quarters. In the aggregate, the total amount a
student may receive in a four-year period may not be increased as a
result of accelerating his or her progress to a degree by attending
summer terms, sessions, or quarters.
(g) The commission office shall
notify Cal Grant award recipients of the availability of funding for
the summer term, session, or quarter through prominent notice in
financial aid award letters, materials, guides, electronic
information, and other means that may include, but not necessarily be
limited to, surveys, newspaper articles, or attachments to
communications from the commission office
and any other published documents.
(h) The commission may require office
, by the adoption of rules and regulations, may require
the production of reports, accounting, documents, or other
necessary statements from the award recipient and the college or
university of attendance pertaining to the use or application of the
award.
(i) A Cal Grant Program award may be utilized
used only at a qualifying institution.
SEC. 684. Section 69433.7 of the
Education Code is amended to read:
69433.7. The commission office
shall adopt regulations necessary to implement this chapter.
Notwithstanding any other provision of law, the commission
office may adopt emergency regulations pursuant
to Section 11346.1 of the Government Code in order to ensure that the
program enacted by this chapter may function in its first academic
year.
SEC. 685. Section 69434 of the
Education Code is amended to read:
69434. (a) Commencing with the 2001-02 academic year, and each
academic year thereafter, a Cal Grant A award shall be used only for
tuition or student fees, or both, in a for-credit instructional
program with a length of not less than two academic years. Each
student who meets the Cal Grant A qualifications as set forth in this
article shall be guaranteed an award. The amount of any individual
award is dependent on the cost of tuition or fees, or both, at the
qualifying institution at which the student is enrolled. For each
applicant, the award amount shall not exceed the amount of the
calculated financial need.
(b) Pursuant to Section 66021.2, any California resident is
entitled to a Cal Grant A award, and the commission
office shall allocate that award, if all of the
following criteria are met:
(1) The student has submitted, pursuant to Section 69432.9, a
complete financial aid application, submitted or postmarked no later
than March 2 of the academic year of high school graduation or its
equivalent for the award year immediately following the academic year
of high school graduation or its equivalent, or no later than March
2 of the academic year following high school graduation or its
equivalent for the second award year following the year of high
school graduation or its equivalent.
(2) The student demonstrates financial need pursuant to Section
69433.
(3) The student attains a high school grade point average of at
least 3.0 on a four-point scale.
(4) The student's household has an income and asset level that
does not exceed the level for Cal Grant A recipients set forth in
Section 69432.7.
(5) The student is pursuing an undergraduate academic program of
not less than two academic years that is offered by a qualifying
institution.
(6) The student is enrolled at least part time.
(7) The student meets the general Cal Grant eligibility
requirements set forth in Article 1 (commencing with Section 69430).
(8) The student graduated from high school or its equivalent
during or after the 2000-01 academic year.
(c) A student who meets the Cal Grant A Entitlement Program
criteria specified in this article shall receive a Cal Grant A award
for tuition or fees, or both, pursuant to Section 66021.2.
SEC. 686. Section 69434.5 of the
Education Code is amended to read:
69434.5. An individual selected for a Cal Grant A award who
enrolls in a California community college may elect to have the award
held in reserve for him or her for a period not to exceed two
academic years, except that the commission
office may extend the period in which his or her award may be
held in reserve for up to three academic years if, in the
commission's office's judgment, the rate of
academic progress has been as rapid as could be expected for the
personal and financial conditions that the student has encountered.
The commission office shall, in this
case, hold the award in reserve for the additional year. Upon receipt
of a request to transfer the award to a tuition or fee charging
qualifying institution, the individual shall be eligible to receive
the Cal Grant A award previously held in reserve if, at the time of
the request, he or she meets all of the requirements of this article.
Upon receipt of the request, the commission
office shall reassess the financial need of the award
recipient. The commission office may
prescribe the forms and procedures to be utilized for the purposes of
this section. A recipient's years of eligibility for payment of
benefits shall be based upon his or her grade level at the time the
award is transferred to the tuition or fee charging qualifying
institution.
SEC. 687. Section 69435 of the
Education Code is amended to read:
69435. (a) (1) Commencing with the 2001-02 academic year, and
each academic year thereafter, a Cal Grant B award shall be used only
for tuition, student fees, and access costs in a for-credit
instructional program that is not less than one academic year in
length.
(2) The commission office shall
award access grants in a student's first academic year. In subsequent
years, the award shall include an additional amount to pay tuition
or fees, or both, to attend college at a public or private four-year
college or university or other qualifying institution for all Cal
Grant B awards pursuant to paragraph (2) of subdivision (b) of
Section 66021.2. In no event shall the total award in any year exceed
the applicant's calculated financial need.
(3) Not more than 2 percent of new Cal Grant B recipients
enrolling for the first time in an institution of postsecondary
education shall be eligible for payments for tuition or fees, or
both, in their first academic year of attendance. The
commission office shall adopt regulations
specifying the criteria used to determine which applicants, if any,
receive both tuition and fees plus the access grant in the first year
of enrollment. Priority shall be given to students with the lowest
expected family contribution pursuant to Section 69432.7 and the
highest level of academic merit.
(b) An award for access costs under this article shall be in an
annual amount not to exceed one thousand five hundred fifty-one
dollars ($1,551). This amount may be adjusted in the annual Budget
Act.
SEC. 688. Section 69435.3 of the
Education Code is amended to read:
69435.3. (a) Any California resident is entitled to receive a Cal
Grant B award, and the commission office
shall allocate that award pursuant to Section 66021.2, if all
of the following criteria are met:
(1) The student has submitted, pursuant to Section 69432.9, a
complete financial aid application, submitted or postmarked no later
than March 2 of the academic year of high school graduation or its
equivalent for the award year immediately following the academic year
of high school graduation or its equivalent, or no later than March
2 of the academic year following high school graduation or its
equivalent for the second award year following the year of high
school graduation or its equivalent.
(2) The student demonstrates financial need pursuant to Section
69433.
(3) The student attains a high school grade point average of at
least 2.0 on a four-point scale.
(4) The student's household has an income and asset level that
does not exceed the level for Cal Grant B recipients as set forth in
Section 69432.7.
(5) The student is pursuing an undergraduate academic program of
not less than one academic year that is offered by a qualifying
institution.
(6) The student is enrolled at least part-time.
(7) The student meets the general Cal Grant eligibility
requirements set forth in Article 1 (commencing with Section 69430).
(8) The student graduated from high school or its equivalent
during or after the 2000-01 academic year.
(b) A student who meets the Cal Grant B Entitlement Program
criteria specified in this article shall receive a Cal Grant B award
for access costs and tuition and fees pursuant to Section 66021.2.
SEC. 689. Sec tion 69436 of the
Education Code is amended to read:
69436. (a) Commencing with the 2001-02 academic year, and each
academic year thereafter, a student who was not awarded a Cal Grant A
or B award pursuant to Article 2 (commencing with Section 69434) or
Article 3 (commencing with Section 69435) at the time of his or her
high school graduation but, at the time of transfer from a California
community college to a qualifying baccalaureate program, meets all
of the criteria set forth in subdivision (b), shall be entitled to a
Cal Grant A or B award.
(b) Any California resident transferring from a California
community college to a qualifying institution that offers a
baccalaureate degree is entitled to receive, and the
commission office shall award, a Cal Grant A or
B award depending on the eligibility determined pursuant to
subdivision (c), if all of the following criteria are met:
(1) A complete official financial aid application has been
submitted or postmarked pursuant to Section 69432.9, no later than
the March 2 of the year immediately preceding the award year.
(2) The student demonstrates financial need pursuant to Section
69433.
(3) The student has earned a community college grade point average
of at least 2.4 on a 4.0 scale and is eligible to transfer to a
qualifying institution that offers a baccalaureate degree.
(4) The student's household has an income and asset level not
exceeding the limits set forth in Section 69432.7.
(5) The student is pursuing a baccalaureate degree that is offered
by a qualifying institution.
(6) He or she is enrolled at least part time.
(7) The student meets the general Cal Grant eligibility
requirements set forth in Article 1 (commencing with Section 69430).
(8) The student will not be 28 years of age or older by December
31 of the award year.
(9) The student graduated from a California high school or its
equivalent during or after the 2000-01 academic year.
(c) The amount and type of the award pursuant to this article
shall be determined as follows:
(1) For applicants with income and assets at or under the Cal
Grant A limits, the award amount shall be the amount established
pursuant to Article 2 (commencing with Section 69434).
(2) For applicants with income and assets at or under the Cal
Grant B limits, the award amount shall be the amount established
pursuant to Article 3 (commencing with Section 69435).
(d) (1) Commencing with the 2006-07 award year, a student meeting
the requirements of paragraph (9) of subdivision (b) by means of high
school graduation, rather than its equivalent, shall be required to
have graduated from a California high school, unless that California
resident graduated from a high school outside of California due
solely to orders received from a branch of the United States Armed
Forces by that student or by that student's parent or guardian that
required that student to be outside of California at the time of high
school graduation.
(2) For the purposes of this article, both of the following are
exempt from the requirements of subdivision (e) of Section 69433.9
and paragraph (9) of subdivision (b) of this section:
(A) A student for whom a claim under this article was paid prior
to December 1, 2005.
(B) A student for whom a claim under this article for the 2004-05
award year or the 2005-06 award year was or is paid on or after
December 1, 2005, but no later than October 15, 2006.
(3) (A) Commencing with the 2006-07 award year, the
commission office shall make preliminary awards
to all applicants currently eligible for an award under this article.
At the time an applicant receives a preliminary award, the
commission office shall require that applicant
to affirm, in writing, under penalty of perjury, that he or she meets
the requirements set forth in subdivision (e) of Section 69433.9,
paragraph (9) of subdivision (b) of this section, and paragraph (1)
of this subdivision. The commission office
shall notify each person who receives a preliminary award under
this paragraph that his or her award is subject to an audit pursuant
to subparagraph (B).
(B) The commission office shall
select, at random, a minimum of 10 percent of the new and renewal
awards made under subparagraph (A), and shall require, prior to the
disbursement of Cal Grant funds to the affected postsecondary
institution, that the institution verify that the recipient meets the
requirements of subdivision (e) of Section 69433.9, paragraph (9) of
subdivision (b) of this section, and paragraph (1) of this
subdivision. An award that is audited under this paragraph and found
to be valid shall not be subject to a subsequent audit.
(C) Pursuant to Section 69517.5, the commission
office shall seek repayment of any and all funds found to
be improperly disbursed under this article.
(D) On or before November 1 of each year, the commission
office shall submit a report to the Legislature
and the Governor including, but not necessarily limited to, both of
the following:
(i) The number of awards made under this article in the preceding
12 months.
(ii) The number of new and renewal awards selected, in the
preceding 12 months, for verification under subparagraph (B), and the
results of that verification with respect to students at the
University of California, at the California State University, at
independent nonprofit institutions, and at independent for-profit
institutions.
SEC. 690. Section 69437 of the
Education Code is amended to read:
69437. (a) Commencing with the 2001-02 academic year, and each
academic year thereafter, there shall be established the Competitive
Cal Grant A and B award program for students who did not receive a
Cal Grant A or B entitlement award pursuant to Article 2 (commencing
with Section 69434), Article 3 (commencing with Section 69435), or
Article 4 (commencing with Section 69436). Awards made under this
section are not entitlements. The submission of an application by a
student under this section shall not entitle that student to an
award. The selection of students under this article shall be
determined pursuant to subdivision (c) and other relevant criteria
established by the commission office .
(b) A total of 22,500 Cal Grant A and B awards shall be granted
annually under this article on a competitive basis for applicants who
meet the general eligibility criteria established in Article 1
(commencing with Section 69430) and the priorities established by the
commission office pursuant to
subdivision (c).
(1) Fifty percent of the awards referenced in this subdivision are
available to all students, including California community college
students, who meet the financial need and academic requirements
established pursuant to this article. A student enrolling at a
qualifying baccalaureate degree granting institution shall apply by
the March 2 deadline. A California community college student is
eligible to apply at the March 2 or the September 2 deadline.
(2) Fifty percent of the awards referenced in this subdivision are
reserved for students who will be enrolled at a California community
college. The commission office shall
establish a second application deadline of September 2 for community
college students to apply for these awards effective with the fall
term or semester of the 2001-02 academic year.
(3) If any awards are not distributed pursuant to paragraphs (1)
and (2) upon initial allocation of the awards under this article, the
commission office shall make awards to
as many eligible students as possible, beginning with the students
with the lowest expected family contribution and highest academic
merit, consistent with the criteria adopted by the
commission office pursuant to subdivision (c),
as practicable without exceeding an annual cumulative total of 22,500
awards.
(c) (1) On or before February 1, 2001, acting pursuant to a public
hearing process that is consistent with the Bagley-Keene Open
Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1
of Part 1 of Division 3 of Title 2 of the Government Code), the
commission office shall establish
selection criteria for Cal Grant A and B awards under the competitive
program that give special consideration to disadvantaged students,
taking into consideration those financial, educational, cultural,
language, home, community, environmental, and other conditions that
hamper a student's access to, and ability to persist in,
postsecondary education programs.
(2) Additional consideration shall be given to each of the
following:
(A) Students who graduated from high school or its equivalent
prior to the 2000-01 academic year. This subparagraph shall not be
applicable after the 2004-05 academic year.
(B) Students pursuing Cal Grant B awards who reestablish their
grade point averages.
(C) Students who did not receive awards pursuant to Article 2
(commencing with Section 69434), Article 3 (commencing with Section
69435), or Article 4 (commencing with Section 69436).
(d) All other students who meet the eligibility requirements
pursuant to Article 1 (commencing with Section 69430) are eligible to
compete for an award pursuant to this article.
SEC. 691. Section 69437.3 of the
Education Code is amended to read:
69437.3. (a) The commission office
shall utilize the standardized student financial aid application
described in Section 69432.9.
(b) An official financial aid application shall be submitted
pursuant to Section 69432.9, submitted or postmarked no later than
March 2, or September 2 for students enrolled at a community college.
(c) A student shall be enrolled at least part-time.
SEC. 692. Section 69437.6 of the
Education Code is amended to read:
69437.6. (a) An applicant competing for an award under this
article shall meet all the requirements of Article 1 (commencing with
Section 69430).
(b) To compete for a competitive Cal Grant A award, an applicant
shall, at a minimum, meet all of the requirements of Article 2
(commencing with Section 69434), with the exception of paragraphs (1)
and (8) of subdivision (b) of Section 69434. However, in lieu of
meeting the grade point average requirement set forth in paragraph
(3) of subdivision (b) of Section 69434, an applicant may submit a
community college or college grade point average of at least 2.4 on a
4.0 scale.
(c) To compete for a competitive Cal Grant B award, an applicant
shall, at a minimum, meet all of the requirements of Article 3
(commencing with Section 69435), with the exception of paragraphs (1)
and (8) of subdivision (a) of Section 69435.3. However, in lieu of
meeting the grade point average requirements of paragraph (3) of
subdivision (a) of Section 69435.3, a student may reestablish his or
her grade point average by completing at least 16 cumulative units of
credit for academic coursework at an accredited California community
college, as defined by the commission office
, by regulation, with at least a 2.0 community college grade
point average.
(d) To compete for a competitive California Community College
Transfer Cal Grant Award, an applicant shall, at a minimum, meet the
requirements of Article 4 (commencing with Section 69436), with the
exception of paragraphs (8) and (9) of subdivision (b) of Section
69436.
(e) All other competitors shall, at a minimum, comply with all of
the requirements of subdivision (b) of Section 69432.9.
(f) An individual selected for a Cal Grant A award who enrolls in
a California community college may elect to have the award held in
reserve for him or her for a period not to exceed two academic years,
except that the commission office may
extend the period in which his or her award may be held in reserve
for up to three academic years if, in the commission's
office's judgment, the rate of academic progress
has been as rapid as could be expected for the personal and
financial conditions that the student has encountered. The
commission office shall, in this case, hold the
award in reserve for the additional year. Upon receipt of a request
to transfer the award to a tuition or fee charging qualifying
institution, the individual shall be eligible to receive the Cal
Grant A award previously held in reserve if, at the time of the
request, he or she meets all of the requirements of this article.
Upon receipt of the request, the commission
office shall reassess the financial need of the award
recipient. The commission office may
prescribe the forms and procedures to be utilized for the purposes of
this section. A recipient's years of eligibility for payment of
benefits shall be based upon his or her grade level at the time the
award is transferred to the tuition or fee charging qualifying
institution. Any award so held in reserve shall only be counted once
toward the 22,500 awards authorized by this article.
SEC. 693. Section 69437.7 of the
Education Code is amended to read:
69437.7. After two award cycles, the commission
office shall review the competitive grant
program and its priorities to gain a better understanding of early
participation patterns and to determine the initial level of program
effectiveness. The commission office
shall report these findings to the Legislature and the Governor by
December 31, 2003, and each year thereafter.
SEC. 694. Section 69439 of the
Education Code is amended to read:
69439. (a) Commencing with the 2001-02 academic year, and each
academic year thereafter, a Cal Grant C award shall be
utilized used only for occupational or technical
training in a course of not less than four months. There shall be
the same number of Cal Grant C awards each year as were made in the
2000-01 fiscal year. The maximum award amount and the total amount of
funding shall be determined each year in the annual Budget Act.
(b) "Occupational or technical training" means that phase of
education coming after the completion of a secondary school program
and leading toward recognized occupational goals approved by the
commission office .
(c) The commission office may use
criteria it deems appropriate in selecting students with occupational
talents to receive grants for occupational or technical training.
(d) The Cal Grant C recipients shall be eligible for renewal of
their grants until they have completed their occupational or
technical training in conformance with terms prescribed by the
commission office . In no case shall the
grants exceed two calendar years.
(e) Cal Grant C awards shall be for institutional fees, charges,
and other costs, including tuition, plus training-related costs, such
as special clothing, local transportation, required tools,
equipment, supplies, and books. In determining the amount of grants
and training-related costs, the commission
office shall take into account other state and federal programs
available to the applicant.
(f) Cal Grant C awards shall be awarded in areas of occupational
or technical training as determined by the commission
office after consultation with appropriate state
and federal agencies.
SEC. 695. Section 69440 of the
Education Code is amended to read:
69440. (a) Commencing with the 2001-02 academic year, and each
academic year thereafter, Cal Grant T awards shall be used only for
tuition and student fees for a maximum of one academic year of
full-time attendance in a program of professional preparation that
has been approved by the California Commission on Teacher
Credentialing. The maximum award amount, and the total amount of
funding, shall be determined each year in the annual Budget Act. As a
condition of receiving a Cal Grant T award, a recipient shall teach
for one year in a high-priority school, as defined in paragraph (3)
of subdivision (c) of Section 44510, for each two thousand dollar
($2,000) incentive provided through the Cal Grant T Program, for a
period not to exceed four years. Any recipient who fails to meet his
or her teaching obligation shall repay the Cal Grant T award.
(b) The commission office shall
allocate Cal Grant T awards using academic criteria or criteria
related to past performance similar to that used in awarding Cal
Grant A awards for the 2000-01 academic year.
SEC. 696. Section 69506.5 of the
Education Code is amended to read:
69506.5. Notwithstanding Section 69506, the Student Aid
Commission Office of Higher Education and Financial
Aid may, whenever it is determined to be in the best interest
of the state, develop and adopt regulations that modify the
methodology set forth in federal law or regulation for determining
the expected family contribution of students seeking any state-funded
financial assistance or the federal definition for establishing the
dependent and independent status of students seeking any state-funded
financial assistance. It is the Legislature's intent that these
regulations promote consistency between federal and state standards,
encourage the maximum contribution from parents while being sensitive
to individual student financial and personal circumstances, and
encourage a simple financial aid application process.
(a) The regulations developed pursuant to this section shall be
adopted as Student Aid Commission regulations
of the Office of Higher Education and Financial Aid in
accordance with the provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
(b) Prior to adopting or amending regulations pursuant to this
section, the commission Office of Higher
Education and Financial Aid shall conduct, and make public, a
full analysis which that includes at
least an examination and explanation of the cost of the change, the
effect on student applicant and recipient eligibility and award
levels, and the effects of implementing the criteria on those
programs administered by the commission
office .
(c) Not later than July 1 of the year following any modifications
to the methodology for determining expected family contribution or
the federal definition of student dependence or independence made
pursuant to this section, the commission
Office of Higher Education and Financial Aid shall report to
the Governor and the Legislature the impact of the changes on those
programs administered by the commission
office .
SEC. 697. Section 69507.5 of the
Education Code is amended to read:
69507.5. (a) Except as provided in subdivision (b), no student
shall receive a grant or fellowship administered by the
Student Aid Commission Office of Higher Education and
Financial Aid if he or she has previously defaulted on any
student loan, or has failed to repay a federal or state student grant
where if required to do so.
(b) If a student has made satisfactory arrangements to repay a
default on a previous student loan, or to repay grant funds
where if required to do so, the student may be
eligible to receive a grant or fellowship administered by the
Student Aid Commission Office of Higher
Education and Financial Aid .
SEC. 698. Section 69508 of the
Education Code is amended to read:
69508. When If federal regulations
defining the financial independence of students are altered, the
Student Aid Commission Office of Higher
Education and Financial Aid shall as soon as possible report to
the Legislature on what changes are necessary to conform this
article to federal standards.
SEC. 699. Section 69509 of the Education
Code is amended to read:
69509. (a) Upon the commencement of any cause of action,
including an emergency action, by the commission
Office of Higher Education and Financial Aid against an
educational institution in connection with the Federal Family
Education Loan Program or other state student financial aid program,
the director of the commission Office of
Higher Education and Financial Aid may order that all or any
part of state financial aid funds scheduled to be delivered to that
institution by the commission office ,
whether payable to that institution or its students, be withheld from
the institution and deposited in a separate state account. However,
in order to alleviate the financial hardships imposed upon students
by withholding the delivery of state financial aid funds to an
educational institution, the director of the commission
Office of Higher Education and Financial Aid ,
at any time after the initial withholding, may release state
financial aid funds to these students, giving first priority to the
release of funds for subsistence payments.
(b) The director Office of Higher
Education and Financial Aid shall give notice to the
institution and affected students of any action taken pursuant to
subdivision (a).
(c) The director Office of Higher
Education and Financial Aid , upon the termination of any
action taken pursuant to subdivision (a), shall order the disposition
of the withheld funds in a manner consistent with the outcome of the
cause of action and in the best interest of the affected students.
The director Office of Higher Education and
Financial Aid may order that the funds be withheld from an
institution permanently, in which case those funds shall be returned
to the state fund or account from which it originated, for subsequent
use by the commission office .
(d) "Cause of action" and "emergency action," for the purposes of
this section, mean those actions described in Sections 30302 and
30304 of Title 5 of the California Code of Regulations, and as those
sections may subsequently be amended, concerning the limitation,
suspension, and termination of eligibility under the Federal Family
Education Loan Program.
SEC. 700. Section 69509.5 of the
Education Code is amended to read:
69509.5. (a) Within five days of the commencement of any cause of
action, including an emergency action, by the commission
Office of Higher Education and Financial Aid
against a private postsecondary educational institution in connection
with the Federal Family Education Loan Program, the director
of the commission office shall give notice, in
writing, of the commencement of the action to the Council
Bureau for Private Postsecondary and Vocational
Education.
(b) "Cause of action" and "emergency action" for the purposes of
this section, mean those actions described in Sections 30302 and
30304 of Title 5 of the California Code of Regulations, and as those
sections may subsequently be amended, concerning the limitation,
suspension, and termination of eligibility under the Federal Family
Education Loan Program.
(c) The director of the commission Office
of Higher Education and Financial Aid , or his or her
its designee, shall give written notice to the
Council Bureau for Private
Postsecondary and Vocational Education when
if , in the administration of a program review concerning any
private postsecondary educational institution's participation in the
Cal Grant Program or the Federal Family Education Loan Program,
evidence indicates that a private postsecondary educational
institution is in violation of the standards adopted by its
responsible accrediting agency or when it is in violation of
Section 94800, Sections 94811 to 94825, inclusive, or Section 94930
.
(d) The director of the commission Office
of Higher Education and Financial Aid may develop selection
criteria for the scheduled review of any private postsecondary or
vocational educational institution.
(e) This section shall become operative on January 1, 1997.
SEC. 701. The heading of Article 2 (commencing
with Section 69510) of Chapter 2 of Part 42 of Division 5
of Title 3 of th e Education Code is
amended to read:
Article 2. The Student Aid Commission
Functions of the Office of Higher Education and Financial Aid
SEC. 702. Section 69510 of the
Education Code is repealed.
69510. The Student Aid Commission shall be composed of the
following 15 members:
(a) One representative from public, proprietary, or nonprofit
postsecondary schools located in California.
(b) One representative from a California independent college or
university.
(c) One representative each from the University of California, the
California State University, and the California Community Colleges.
(d) Two members each of whom shall be a student enrolled in a
California postsecondary educational institution at the time of
appointment, and shall be enrolled in a California postsecondary
educational institution for the duration of the term. A student
member who graduates from an institution with no more than six months
of his or her term remaining shall be permitted to serve for the
remainder of the term.
(e) Three public members.
(f) One representative from a California secondary school.
(g) Two representatives appointed by the Senate Rules Committee.
(h) Two representatives appointed by the Speaker of the Assembly.
SEC. 703. Section 69511 of the
Education Code is amended to read:
69511. (a) Except as provided in subdivision (b), each
member of the commission shall have a four-year term; provided, that
members appointed pursuant to subdivision (d) of Section 69510 shall
have terms of two academic years Any reference to the
"Student Aid Commission" or "commission" in this part shall refer to
the Office of Higher Education and Financial Aid .
(b) The term of one member appointed pursuant to subdivision (g)
of Section 69510 and the term of one member appointed pursuant to
subdivision (h) of
Section 69510, effective January 1, 1991, shall be for five years.
Each subsequent term for members appointed pursuant to this
subdivision shall be for four years.
(c) At no time shall both student representatives be enrolled in
the same segment of postsecondary education in California. For
purposes of this subdivision, each postsecondary education program
listed in subdivisions (a), (b), and (c) of Section 69510 is a
segment of postsecondary education in California.
(d) Appointment to the commission of members appointed pursuant to
subdivisions (a) to (f), inclusive, of Section 69510 shall be made
by the Governor subject to confirmation by the Senate.
(e) Any vacancy shall be filled by the appointment of a person who
will have the same status as the predecessor of the appointee. The
appointee shall hold office only for the balance of the unexpired
term.
(f) Each member of the commission shall receive a stipend of one
hundred dollars ($100) for each day in which he or she attends any
meeting of the commission or any meeting of any committee or
subcommittee of the commission, of which committee or subcommittee he
or she is a member, and which committee or subcommittee meeting is
conducted for the purpose of carrying out the powers and duties of
the commission. In addition, each member shall receive his or her
actual and necessary traveling expenses incurred in the course of his
or her duties.
(g)
(b) (1) Whenever by
the provisions of any act of Congress a program of
scholarships or grants for undergraduate students is established
which that permits administration of
the program within a state by a state agency, the Student
Aid Commission, as established by Section 69510,
Office of Higher Education and Financial Aid shall
administer the act within the state if the Governor and the
Student Aid Commission, by a majority vote of its entire membership,
office determine that the participation by the
state in the federal scholarship or grant program under the act would
not interfere with or jeopardize the continuation of the scholarship
program established under Sections 69530 to 69547, inclusive.
The commission
(2) The Office of Higher
Education and Financial Aid shall constitute the state
commission on federal scholarships or grants , and is
hereby empowered to formulate a plan for development and
administration of any such a federal
scholarship or grant program within the state.
Subject
(c) Subject to the
provisions of this chapter, the commission
Office of Higher Education and Financial
Aid is hereby vested with all necessary power and authority to
cooperate with the government of the United States, or any agency or
agencies thereof, in the administration of any act of Congress
establishing a scholarship or grant program and the rules and
regulations adopted thereunder.
Before
(d) Before adopting a state plan,
the Student Aid Commission Office of Higher
Education and Financial Aid , acting as the state commission on
federal scholarships or grants, shall hold public hearings as
provided in the California Administrative Procedure Act.
SEC. 704. Section 69511.5 of the
Education Code is repealed.
69511.5. (a) Notwithstanding Section 69511, the Governor shall
appoint each student member of the Student Aid Commission pursuant to
subdivision (d) of Section 69510 from the persons nominated in
accordance with the provisions of subdivision (b).
(b) For each student member of the commission, the appropriate
student organization may submit a list of nominees. The list shall
specify not less than three and not more than five nominees. The
appropriate student organization for each segment shall be a
composite group of at least five representative student government
associations, as determined by the commission.
(c) The student member appointed to the commission shall not be
enrolled in the same segment as the outgoing student member or in the
same segment of the other sitting student member.
(d) Participating student organizations designated in subdivision
(b) shall inform students within their respective segment of pending
student vacancies on the commission.
(e) The person appointed as a student member of the Student Aid
Commission pursuant to this section shall be subject to confirmation
by the Senate as required in subdivision (d) of Section 69511.
SEC. 705. Section 69512 of the
Education Code is repealed.
69512. The members of the commission shall annually select a
chairperson from the members of the commission.
SEC. 706. Section 69513 of the
Education Code is amended to read:
69513. The commission shall appoint a director who shall
be the chief executive officer for the commission and who shall
serve at the pleasure of the commission. The Legislature hereby
requests the commission to designate that executive officer as the
person holding the position confidential to it, within the meaning of
subdivision (e) of Section 4 of Article VII of the Constitution.
The commission Office of Higher Education
and Financial Aid may employ other employees as it deems
necessary to carry out its functions under this chapter.
SEC. 707. Section 69513.1 of the
Education Code is repealed.
69513.1. The commission may delegate to the director any power,
duty, purpose, function, or jurisdiction that the commission may
lawfully delegate, including the authority to enter into and sign
contracts on behalf of the commission. The director may redelegate
any of those powers, duties, purposes, functions, or jurisdictions to
his or her designee, unless by statute, or rule or regulation, the
director is expressly required to act personally.
SEC. 708. Section 69513.5 of the
Education Code is repealed.
69513.5. In no event shall the director of the commission, any
employee of the commission, or any individual retained by the
commission serve as chairperson or a member of an advisory committee
of the commission. This prohibition shall include, but not be limited
to, all advisory committees established by statute and all advisory
committees established by the commission.
SEC. 709. Secti on 69514 of the
Education Code is amended to read:
69514. The commission Office of Higher
Education and Financial Aid shall do all of the following:
(a) Report, on or before April 1 of each year, statistical data
examining the impact and effectiveness of state-funded programs. The
commission Office of Higher Education and
Financial Aid shall utilize common criteria in determining the
impact of these programs, and shall have the authority to obtain any
data from postsecondary educational institutions necessary for the
reports. To the extent practicable, this report shall specifically
note the number and the demographic characteristics of the students
who qualify for a Cal Grant award based on obtaining high school
graduation or its equivalent pursuant to paragraph (2) of subdivision
(e) of Section 69433.9.
(b) Collect and disseminate data concerning the financial
resources and needs of students and potential students ,
and the scope and impact of existing state, federal, and
institutional student aid programs.
(c) Report, on or before April 1 of each year, the aggregate
financial need of individuals seeking access to postsecondary
education and the degree to which current student aid programs meet
this legitimate financial need.
(d) Develop and report annually the distribution of funds and
awards among income groups, ethnic groups, grade point average
levels, and postsecondary education segments.
(e) Prepare and disseminate information regarding the criteria
utilized in distributing available student aid funds.
(f) Be authorized to expend funds for the purpose of disseminating
information about all institutional, state, and federal student aid
programs to potential applicants. This distribution of information
shall primarily focus on potential applicants with the greatest
financial need.
SEC. 710. Section 69515 of the
Education Code is repealed.
69515. As used in this division, "commission" means the Student
Aid Commission created by this article.
SEC. 711. Section 69517 of the
Education Code is amended to read:
69517. (a) The Student Aid Commission
Office of Higher Education and Financial Aid , in consultation
with an advisory committee of students and representatives of
postsecondary institutions, may make adjustments to award selection
procedures and selection criteria. In determining adjustments, the
commission Office of Higher Education and
Financial Aid shall consider at least all of the following
factors:
(1) The impact of the adjustments on the distribution of funds and
awards among income groups, ethnic groups, and grade point average
levels.
(2) The impact of the adjustments on the distribution of funds and
awards among postsecondary education segments.
(3) The costs of implementing proposed adjustments.
(4) The availability of financial aid from other sources for
students who qualify for an award.
(b) The commission Office of Higher
Education and Financial Aid may also consider the impact of
inflation in the proposed adjustments pursuant to subdivision (a).
(c) In proposing changes to the procedures and criteria for award
selection that would result in a substantive change in the recipient
population, the commission Office of Higher
Education and Financial Aid shall submit the proposed changes
for public review and comment in accordance with procedures
established in Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
SEC. 712. Section 69517.5 of the
Education Code is amended to read:
69517.5. The Student Aid Commission
Office of Higher Education and Financial Aid shall, with the
assistance of the Attorney General's office, seek refunds on any
awards to students made under this part that resulted from the
student or his or her parents, or both, reporting information
concerning their status incorrectly, with the incorrect information
leading to the establishment of the student's financial eligibility
to receive an award.
SEC. 713. Section 69518 of the
Education Code is amended to read:
69518. (a) By September 15 of each fiscal year, the
Student Aid Commission Office of Higher Education and
Financial Aid shall submit budget change proposals to the
Department of Finance for inclusion in the Governor's Budget prepared
pursuant to Section 12 of Article IV of the California Constitution.
(b) The budget change proposals submitted pursuant to subdivision
(a) shall include, but not be limited to, an analysis of the impact
of any proposed adjustments in the distribution of funds and awards.
(c) Any supporting materials prepared for the Student Aid
Commission's consideration of the Office of Higher
Education and Financial Aid and public review and comment
pursuant to this section, including, when it becomes available, data
pertaining to the impact of any proposed adjustments on the
distribution of funds and awards among income groups, ethnic groups,
grade point average levels, and postsecondary education segments,
shall be incorporated within the expenditure plan.
(d) If the Student Aid Commission Office
of Higher Education and Financial Aid proposes, in its budget
change proposals, adjustments to the maximum grant, number of grants,
and the income ceiling for grant awards made pursuant to Section
69532 69432.7 , at least the following
factors shall be considered in determining the appropriate
adjustments:
(1) The impact of inflation.
(2) The availability of financial aid from other sources for
students who would qualify for a grant award.
(3) Any changes in the level of educational support provided to
students at public colleges and universities in the state.
(4) The impact of proposed adjustments in the maximum grant and in
the income ceiling upon the utilization of public and private
postsecondary educational institutions.
(5) The number of applicants eligible to receive an award in the
previous year who did not receive an award in the previous year.
SEC. 714. Section 69522 of the
Education Code is amended to read:
69522. (a) (1) The commission Office of
Higher Education and Financial Aid may establish an auxiliary
organization for the purpose of providing operational and
administrative services for the commission's
office's participation in the Federal Family Education Loan
Program, or for other activities approved by the commission
office and determined by the commission
office to be all of the following:
(A) Related to student financial aid.
(B) Consistent with the general mission of the commission
Office of Higher Education and Financial Aid .
(C) Consistent with the purposes of the federal Higher Education
Act of 1965 (Public Law 89-329) and amendments thereto.
(2) The activities approved by the commission
Office of Higher Education and Financial Aid under this
subdivision shall not include either of the following:
(A) The issuance of bonds.
(B) Loan origination or loan capitalization activities. This
paragraph shall not preclude the commission
Office of Higher Education and Financial Aid or the auxiliary
organization from undertaking other permitted activities that are
related to student financial aid in partnership with institutions
that conduct loan origination or loan capitalization activities.
(b) The auxiliary organization shall be established and maintained
as a nonprofit public benefit corporation subject to the Nonprofit
Public Benefit Corporation Law in Part 2 (commencing with Section
5110) of Division 2 of Title 1 of the Corporations Code, except that,
if there is a conflict between this article and the Nonprofit Public
Benefit Corporation Law, this article shall prevail.
(c) (1) The commission Office of Higher
Education and Financial Aid shall maintain its responsibility
for financial aid program administration, policy leadership program
evaluation, and information development and coordination. The
auxiliary organization shall provide operational and support services
essential to the administration of the Federal Family Education Loan
Program and other permitted activities that are related to student
financial aid, if those services are determined by the
commission Office of Higher Education and Financial
Aid to be consistent with the overall mission of the
commission that office .
(2) On or after the operative date of Article 2.4 (commencing with
Section 69521), the commission Office of
Higher Education and Financial Aid shall not authorize the
auxiliary organization to perform any new or additional services
except those deemed by the Director of Finance to be necessary or
convenient either for the operation of the state student loan
guarantee program, as defined in Section 69521.2, or to accomplish
the goal of maximizing the value of the state student loan guarantee
program assets and liabilities pursuant to Article 2.4 (commencing
with Section 69521).
(3) The implementation and effectuation of the auxiliary
organization shall be carried out so as to enhance the administration
and delivery of commission programs and services.
The commission Office of Higher Education and
Financial Aid shall conduct regular performance evaluations of
the operation of auxiliary organizations in furtherance of its
fiscal and fiduciary responsibilities for approved programs.
(d) (1) (A) The operations of the auxiliary organization shall be
conducted in conformity with an operating agreement approved annually
by the commission Office of Higher Education
and Financial Aid . On and after January 1, 2002, the
commission Office of Higher Education and Financial
Aid may approve an operating agreement for a period not to
exceed five years. Prior to approval, the commission
Office of Higher Education and Financial Aid
shall provide a copy of the proposed operating agreement to the
Department of Finance and the Joint Legislative Budget Committee for
their review and comment. The operations of the auxiliary
organization shall be limited to services prescribed in that
agreement.
(B) On or after the operative date of Article 2.4 (commencing with
Section 69521), the commission Office of
Higher Education and Financial Aid shall not approve any
operating agreement that permits the auxiliary organization to
perform any new or additional services, except those deemed by the
Director of Finance to be necessary or convenient either for the
operation of the state student loan guarantee program, as defined in
Section 69521.2, or to accomplish the goal of maximizing the value of
the state student loan guarantee program assets and liabilities
pursuant to Article 2.4 (commencing with Section 69521).
(2) Prior to approval of any amendment to an existing operating
agreement or any new operating agreement with an auxiliary
organization or subsidiary auxiliary organization for the purpose of
delineating new services or activities authorized pursuant to
subdivision (a), the commission Office of
Higher Education and Financial Aid shall provide the Director
of Finance and the Joint Legislative Budget Committee with at least
45 days advance notice in writing that includes a description of the
proposed operating agreement. If the Director of Finance or the Joint
Legislative Budget Committee notifies the commission
Office of Higher Education and Financial Aid
regarding issues of concern with the proposed operating agreement,
the commission office shall convene a
meeting of appropriate representatives from the commission
office , the Department of Finance, and the
Legislature to resolve those issues.
(e) The commission shall oversee the development and operations of
the auxiliary organization in a manner that ensures broad public
input and consultation with representatives of the financial aid
community, colleges and universities, and state agencies.
SEC. 715. Section 69522.5 of the
Education Code is amended to read:
69522.5. (a) Notwithstanding any other provision of law,
employees of the commission Office of Higher
Education and Financial Aid may be assigned to work for the
auxiliary organization to provide services pursuant to this article.
While they are assigned to work for the auxiliary organization, these
employees shall remain employees of the commission
Office of Higher Education and Financial Aid and
the status, rights, and benefits of these employees shall be based
on their employment as civil service employees of the
commission office .
(b) Employees of the auxiliary organization shall not be employees
of the State of California, and shall not be subject to the
requirements of Chapter 10.3 (commencing with Section 3512) of, or of
Chapter 10.5 (commencing with Section 3525) of, Division 4 of Title
1 of the Government Code. Employees of the auxiliary organization
shall have the right to representation consistent with the National
Labor Relations Act (29 U.S.C. Secs. 151 et seq.).
SEC. 716. Section 69523 of the
Education Code is amended to read:
69523. (a) For purposes of this section, the following
definitions apply:
(1) "Executive employee" is any management employee with
responsibility for the development and execution of the auxiliary
organization's policy.
(2) "Full-time employee" is a person who is employed in a
permanent position for 40 hours per week or for the required number
of hours of a particular work shift, whichever is lesser
less . Persons employed on a temporary,
intermittent, irregular time base, or on a limited-term basis, are
not full-time employees unless those employees are engaged on a
continuing 12-month basis and are employed for 40 hours per week or
for the required number of hours of a particular work shift,
whichever is the lesser less .
(3) "Temporary employee" is either of the following:
(A) An employee employed for a research project, workshop,
institute, or other special project funded by any grant, contract, or
gift.
(B) An employee whose contract of employment is for a fixed term
not exceeding three years.
(b) The operating agreement approved by the commission
Office of Higher Education and Financial Aid
pursuant to Section 69522 may include provisions requiring the board
of directors of the auxiliary organization to provide salaries,
working conditions, and benefits for the full-time employees of the
auxiliary organization that are comparable to those provided
commission office employees performing similar
services.
SEC. 717. Section 69525 of the
Education Code is amended to read:
69525. (a) The auxiliary organization established pursuant to
Section 69522 shall be governed by a board of directors nominated and
appointed by the commission Office of Higher
Education and Financial Aid . One member of the board of
directors shall be an employee of the auxiliary organization, and one
member of the board of directors shall be a student enrolled in a
California public or private postsecondary educational institution.
The commission Office of Higher Education and
Financial Aid shall determine the composition of the remainder
of the board of directors, including both the size and categories of
membership of the board.
(b) The board of directors shall, during each fiscal year, hold at
least one business meeting each quarter. The board of directors
shall have the benefit of the advice and counsel of at least one
attorney admitted to practice law in this state and at least one
licensed certified public accountant. Neither the attorney nor the
certified public accountant need be members of the board.
(c) No member of the board of directors shall be financially
interested in any contract or other transaction entered into by the
board of which he or she is a member, and, except as provided in
subdivision (d), any contract or transaction entered into in
violation of this subdivision is void.
(d) No contract or other transaction entered into by the board of
directors is void under subdivision (c), nor shall any member of that
board be disqualified or deemed guilty of misconduct in office under
those provisions, if both of the following circumstances exist:
(1) The member's financial interest is disclosed or known to the
board of directors and noted in the minutes, and the board of
directors thereafter authorizes, approves, or ratifies the contract
or transaction in good faith by a vote sufficient for the purpose
without counting the vote or votes of that financially interested
member or members.
(2) The contract or transaction is just and reasonable as to the
auxiliary organization at the time it is authorized or approved.
(e) Subdivision (d) does not apply if any of the following
circumstances exists:
(1) The contract or transaction is between the auxiliary
organization and a member of the board of directors.
(2) The contract or transaction is between the auxiliary
organization and a partnership or unincorporated association of which
any member of the board of directors is a partner or in which he or
she is the owner or holder, directly or indirectly, of a
proprietorship interest.
(3) The contract or transaction is between the auxiliary
organization and a corporation in which any member of the board of
directors is the owner or holder, directly or indirectly, of 5
percent or more of the outstanding common stock.
(4) A member of the board of directors is interested in a contract
or transaction within the meaning of subdivision (c) and, without
first disclosing that interest to the board of directors at a public
meeting of the board, influences or attempts to influence another
member or members of the board to enter into the contract or
transaction.
(f) It is unlawful for any person to utilize any information, not
a matter of public record, that is received by him or her by reason
of his or her membership on the board of directors, for personal
pecuniary gain, regardless of whether he or she is or is not a member
of the board of directors at the time that gain is realized.
(g) (1) The board of directors of the auxiliary organization shall
conduct its business in public meetings in accordance with the
Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code).
(2) Notwithstanding paragraph (1), the board of directors of the
auxiliary organization may hold a closed session to consider a matter
of a proprietary nature the discussion of which would disclose a
trade secret or proprietary business information that could
potentially cause economic harm to the auxiliary organization or
cause it to violate an agreement with a third party to maintain the
information in confidence if that agreement was made in good faith
and for reasonable business purposes.
(3) Notwithstanding any other law, the commission
Office of Higher Education and Financial Aid may
hold a closed session to consider a matter that may properly be
considered in closed session by the board of directors of the
auxiliary organization pursuant to paragraph (2).
SEC. 718. Section 69526 of the
Education Code is amended to read:
69526. (a) The board of directors shall approve all
expenditures and fund authorizations of the auxiliary organization.
Authorizations of expenditure of funds for use outside of the normal
business operations of the auxiliary organization shall be approved
by an officer of the commission Office of
Higher Education and Financial Aid and in accordance with
commission office policy.
(b) On or after the operative date of Article 2.4 (commencing with
Section 69521), and, notwithstanding any approval by the
commission Office of Higher Education and Financial
Aid or any of its officers or employees or by the board of
directors made after August 1, 2007, any expenditure of funds held by
the auxiliary organization for the following purposes shall be
subject to the prior approval of the Director of Finance:
(1) Increases in compensation or benefits for officers of the
auxiliary organization, including discretionary bonuses and retention
bonuses.
(2) Outreach programs, public awareness campaigns, or
diversification of the auxiliary organization's business or data
processing systems that are not deemed by the Director of Finance to
be necessary or convenient either for the operation of the state
student loan guarantee program, as defined in Section 69521.2, or to
accomplish the purposes of Article 2.4 (commencing with Section
69521).
(3) Activities other than any of the following:
(A) Those directly related to providing guarantees under the
Federal Family Education Loan Program, which shall not be deemed to
include any of the activities set forth in paragraph (2).
(B) Those required to provide operational support services to the
commission Office of Higher Education and
Financial Aid pursuant to the operating agreement between the
commission office and the auxiliary
organization, which shall not be deemed to include any of the
activities set forth in paragraph (2).
(C) Those deemed by the Director of Finance to be necessary or
convenient either for the operation of the state student loan
guarantee program, as defined in Section 69521.2, or to accomplish
the purposes of Article 2.4 (commencing with Section 69521).
(c) The commission Office of Higher
Education and Financial Aid , in consultation with the
Department of Finance and the board of directors of the auxiliary
organization, shall do all of the following:
(1) Institute a standard accounting and reporting system for the
management and operations of the auxiliary organization.
(2) Implement financial standards that will ensure the fiscal
viability of the auxiliary organization. The standards shall include
proper provision for professional management, adequate working
capital, adequate reserve funds for current operations and capital
replacements, and adequate provisions for new business requirements.
(3) Institute procedures to ensure that transactions of the
auxiliary organization are consistent with the mission of the
commission Office of Higher Education and
Financial Aid .
(4) Develop policies for the expenditure of funds derived from
indirect cost payments not required to implement paragraph (2). The
use of those funds shall be regularly reported to the board of
directors.
(d) The auxiliary organization shall not accept any grant,
contract, bequest, trust, or gift, unless it is so conditioned that
it may be used only for purposes consistent with the policies of the
commission Office of Higher Education and
Financial Aid .
SEC. 719. Section 69527 of the
Education Code is amended to read:
69527. (a) A certified public accountant shall be selected by the
auxiliary organization , and shall audit all funds of the
auxiliary organization in accordance with applicable auditing and
reporting procedures developed by the commission
Office of Higher Education and Financial Aid and the
Department of Finance. The auxiliary organization shall contract for
and receive the audit annually, and shall submit the audit to the
commission Office of Higher Education and
Financial Aid and the Department of Finance. The auxiliary
organization shall publish and disseminate its annual audited
statement and make it available to any person upon request.
Distribution of the published audited statement of financial
condition at a regularly scheduled meeting of the board of directors
shall be deemed compliance with this requirement.
(b) The Department of Finance may review the performance and
operation of the auxiliary organization.
SEC. 720. Section 69528 of the
Education Code is amended to read:
69528. The auxiliary organization may contract with the
commission Office of Higher Education and Financial
Aid for the provision of support services, which may include,
but are not necessarily limited to, accounting, personnel,
clerical, administrative support, and other services necessary for
the administration of the auxiliary organization.
SEC. 721. Section 69529 of the
Education Code is amended to read:
69529. The operating agreement with the board of directors of the
auxiliary organization, approved by the commission
Office of Higher Education and Financial Aid pursuant to
subdivision (d) of Section 69522, shall cover all of the following:
(a) Any support services provided or special programs administered
by the auxiliary organization.
(b) The sources of revenue available to the auxiliary
organization, including agreements concerning federal administrative
cost allowances, guarantee fees charged to borrowers, and retention
of funds obtained through collections on defaulted loans.
(c) Support and administrative services to be provided by
commission staff of the Office of Higher Education
and Financial Aid , including accounting, personnel, clerical,
administrative support, and other services necessary for the
administration of the auxiliary organization.
SEC. 722. Section 69529.5 of the
Education Code is amended to read:
69529.5. (a) The commission Office of
Higher Education and Financial Aid shall report the following
information to the Legislature on April 1 of each year, with respect
to the operation of the auxiliary organization:
(1) A description of the services provided by the auxiliary
organization.
(2) The auxiliary organization's annual budget, funded activities,
and personnel, including the sources of revenue available to fund
its operations.
(3) Descriptions of changes made in the delivery of loans to
California students and enhancements to programs and activities
administered by the commission Office of
Higher Education and Financial Aid . The descriptions shall
reflect all changes, both positive and negative.
(4) The level of compensation of managers and executives of the
auxiliary organization.
(b) Commencing on April 1, 2005, and on April 1 of each year,
ending on April 1, 2010, the commission
Office of Higher Education and Financial Aid shall specifically
describe the actions taken, and report the costs incurred and the
revenues realized, by the auxiliary organization in disbursement
services, loan servicing and repayment, secondary market, and private
lender activities that the auxiliary organization undertakes
pursuant to subdivision (a) of Section 69522.
SEC. 723. Section 69532 of the
Education Code is amended to read:
69532. Cal Grant Program awards shall be known as "Cal Grant A
awards," "Cal Grant B awards," "Cal Grant C awards," and "Cal Grant T
awards." The maximum award in each category shall be determined in
the annual Budget Act.
(a) Cal Grant A awards shall be used only for tuition and student
fees in an instructional program of no less than two academic years.
Commencing as soon as feasible, but no later than the award cycle
that provides awards for the 1999-2000 academic year, the eligibility
criteria for first-time Cal Grant award recipients who are community
college students and transfer to a four-year college or university
shall be no more stringent than the eligibility criteria for other
first-time Cal Grant award recipients attending a four-year college
or university.
(b) Cal Grant B awards shall be used only for tuition, student
fees, and subsistence costs in an instructional program of no less
than one academic year. Subsistence costs are living expenses,
transportation, supplies, and books. Commencing as soon as feasible,
but no later than the award cycle that provides awards for the
1999-2000 academic year, the eligibility criteria for first-time Cal
Grant award recipients who are community college students and
transfer to a four-year college or university shall be no more
stringent than the eligibility criteria for other first-time Cal
Grant award recipients attending a four-year college or university.
(c) Cal Grant C awards shall be used only for occupational or
technical training in a course of no less than four months. There
shall be a minimum of 1,570 new Cal Grant C awards each year.
(d) Cal Grant T awards shall be used only for tuition and student
fees for a maximum of one academic year of full-time attendance in a
program of professional preparation that has been approved by the
Commission on Teacher Credentialing. There shall be a minimum of
3,000 new Cal Grant T awards each year. As a condition of receiving a
Cal Grant T award, a recipient shall teach for one year in a
high-priority school as defined in subdivision (c)
(e) of Section 44765 44395
for each two thousand dollar ($2,000) incentive provided pursuant to
Section 69532 69541 through the Cal
Grant T Program, for a period not to exceed four years. Any recipient
who fails to meet his or her teaching obligation shall repay the Cal
Grant T award.
(e) The California Student Aid Commission
Office of Higher Education and Financial Aid shall evaluate the
Cal Grant T Award program from its inception to determine, of the
total number of recipients, the number of recipients who become
employed as public school teachers. This evaluation shall be reported
on an annual basis to the Governor and the Legislature beginning
July 1, 2001.
SEC. 724. Section 69533 of the
Education Code is amended to read:
69533. Cal Grant awards authorized pursuant to Section 69532
shall be defined as full-time equivalent grants. Awards to part-time
students shall be a fraction of a full-time grant, as determined by
the commission Office of Higher Education and
Financial Aid .
SEC. 725. Section 69534.1 of the
Education Code is amended to read:
69534.1. (a) The Student Aid Commission
Office of Higher Education and Financial Aid shall authorize
the use of standardized student financial aid application forms for
California. These forms shall be simple in nature and collect common
data elements required by the federal government and those elements
needed to meet the objectives of state-funded and institutional
financial aid programs.
(b) These forms shall be utilized for the Cal Grant Program, all
other programs funded by the state or a public institution of
postsecondary education (except for the Board of Governors' Financial
Assistance Program authorized by Chapter 1118 of the Statutes of
1987, for which a simplified form designed for that sole purpose may
be used), and all federal programs administered by a public
postsecondary education institution.
(c) Supplemental forms may be utilized if the forms are essential
to accomplishing the objectives of individual programs. All
supplemental forms utilized by public postsecondary educational
institutions shall be subject to approval by the commission
Office of Higher Education and Financial Aid ,
and forms shall be identical for programs with similar objectives, as
determined by the commission office .
(d) Public postsecondary institutions are encouraged to, but may
decide whether to, use the standard application forms for funds
provided by private donors.
(e) The Legislature finds and declares that it is in the best
interest of students that all postsecondary education institutions in
California participating in federal and state-funded financial aid
programs accept the standard application forms authorized by the
Student Aid Commission Office of Higher
Education and Financial Aid .
SEC. 726. Section 69534.4 of the
Education Code is amended to read:
69534.4. The Student Aid Commission
Office of Higher Education and Financial Aid may enter into
contracts with a public agency or a private entity to improve the
processing and distribution of grants, fellowships, and loans through
the use of electronic networks and unified data bases
databases .
SEC. 727. Section 69535 of the
Education Code is amended to read:
69535. (a) Cal Grant Program awards shall be based upon the
financial need of the applicant. The level of financial need of each
applicant shall be determined by the commission
Office of Higher Education and Financial Aid pursuant to
Article 1.5 (commencing with Section 69503).
(b) For the applicants so qualifying, academic criteria or
criteria related to past performances shall be utilized as the
criteria in determining eligibility for grants.
(c) All Cal Grant Program award recipients shall be residents of
California, as determined by the commission
Office of Higher Education and Financial Aid pursuant to Part
41 (commencing with Section 68000), and shall remain eligible only if
they are in attendance and making satisfactory progress through the
instructional programs, as determined by the commission
office .
(d) Part-time students shall not be discriminated against in the
selection of Cal Grant Program award recipients, and awards to
part-time students shall be roughly proportional to the time spent in
the instructional program, as determined by the commission
Office of Higher Education and Financial Aid .
First-time Cal Grant Program award recipients who are part-time
students shall be eligible for a full-time renewal award.
(e) Cal Grant Program awards shall be awarded without regard to
age or the characteristics listed in Section 66270.
(f) No applicant shall receive more than one type of Cal Grant
Program award concurrently. Except as provided in subdivisions (b)
and (c) of Section 69535.1, no applicant shall:
(1) Receive one or a combination of Cal Grant Program awards in
excess of a total of four years of full-time attendance in an
undergraduate program.
(2) Have obtained a baccalaureate degree prior to receiving a Cal
Grant Program award, except as provided in Section 69540.
(g) Cal Grant Program awards, except as provided in subdivision
(c) of Section 69535.1, may only be used for educational expenses of
a program of study leading directly to an undergraduate degree or
certificate, or for expenses of undergraduate coursework in a program
of study leading directly to a first professional degree, but for
which no baccalaureate degree is awarded.
(h) Commencing in 1999, the commission
Office of Higher Education and Financial Aid shall, for
students who accelerate college attendance, increase the amount of
award proportional to the period of additional attendance resulting
from attendance in classes that fulfill requirements or electives for
graduation during summer terms, sessions, or quarters. In the
aggregate, the total amount a student may receive in a four-year
period may not be increased as a result of accelerating his or her
progress to a degree by attending summer terms, sessions, or
quarters.
(i) The commission Office of Higher
Education and Financial Aid shall notify Cal Grant award
recipients of the availability of funding for the summer term,
session, or quarter through prominent notice in financial aid award
letters, materials, guides, electronic information, and other means
that may include, but not be limited to, surveys, newspaper articles,
or attachments to communications from the commission and any other
published documents.
(j) The commission Office of Higher
Education and Financial Aid may provide by appropriate rules
and regulations for reports, accounting, and statements from the
award winner and college or university of attendance pertaining to
the use or application of the award as the commission
office may deem proper.
(k) The commission Office of Higher
Education and Financial Aid may establish Cal Grant Program
awards in one hundred dollar ($100) increments.
() A Cal Grant Program award may be utilized only at the following
institutions or programs:
(1) Any California private or independent postsecondary
educational institution or program that participates in two of the
three federal campus-based student aid programs and whose students
participate in the Pell Grant program.
(2) Any nonprofit regionally accredited institution headquartered
and operating in California that certifies to the commission
Office of Higher Education and Financial Aid
that 10 percent of the institution's operating budget, as
demonstrated in an audited financial statement, is expended for the
purposes of institutionally funded student financial aid in the form
of grants and that demonstrates to the commission
office that it has the administrative capacity to
administer the funds.
(3) Any California public postsecondary educational institution or
program.
SEC. 728. Section 69535.5 of the
Education Code is amended to read:
69535.5. The Student Aid Commission
Office of Higher Education and Financial Aid may determine that
an advanced payment is essential to assure
ensure that funds provided pursuant to this chapter to assist
students to enroll in postsecondary education are available at the
time students enroll. Upon making that determination, the
Student Aid Commission Office of Higher Education and
Financial Aid may, based on institutional academic calendars,
advance per term to authorized postsecondary educational institutions
the funds for eligible students who have indicated they will attend
those institutions less an amount based on historical claim
enrollment attrition information. Each institution shall disburse the
funds in accordance with the provisions set forth in the
Institutional Agreement between the Student Aid Commission
Office of Higher Education and Financial Aid and
the institution.
SEC. 729. Section 69537 of the
Education Code is amended to read:
69537. An individual selected for a Cal Grant A award who enrolls
in a California community college may elect to have the award held
in trust for him or her for a period not to exceed two academic
years, except that the commission Office of
Higher Education and Financial Aid may extend the period in
which his or her award may be held in trust for up to three academic
years if, in the commission's office's
judgment, the student's rate of academic progress has been as rapid
as could be expected in light of the personal and financial
conditions that the student has encountered. The commission
Office of Higher Education and Financial Aid
shall, in that case, hold the award in trust, to be granted to the
award winner upon receipt of his or her request therefor within that
period, provided that at the time of making the request he or she
meets all of the requirements of this chapter. Upon receipt of the
request , the commission Office of
Higher Education and Financial Aid shall assess or reassess
the financial needs of the award winner. The commission
Office of Higher Education and Financial Aid may
prescribe the forms and procedures to be utilized for the purposes
of this section. The commission Office of
Higher Education and Financial Aid may award to another
eligible individual any award being so held in trust, subject to this
section and any other conditions and restrictions that may be
imposed by the commission office , to
the end that all authorized awards are being continually utilized.
Following the first year for which any Cal Grant award is made, the
awards shall be included in the number of the continuing awards
available for any year and not the authorized new awards for the
year.
SEC. 730. Section 69538 of the
Education Code is amended to read:
69538. (a) To be eligible for a Cal Grant B award, the applicant
shall be a disadvantaged student under criteria to be established by
the commission Office of Higher Education and
Financial Aid , which shall take into consideration those
financial, educational, cultural, language, home, community,
environmental, and other conditions that hamper access to and
persistence in postsecondary programs.
(b) The Legislature recognizes that the role of the community
colleges, as the least expensive level of California higher
education, is a crucial role in increasing the higher education
opportunities for disadvantaged students, and it is the intent of the
Legislature that the additional opportunities for higher education
provided pursuant to this section shall be initiated primarily on the
public community college level.
(c) Regarding the intent that the additional opportunities for
higher education provided under this section be initiated primarily
on the public community college level, the commission
Office of Higher Education and Financial Aid
shall continue to allocate Cal Grant B awards as they were allocated
up to and including the 1997-98 academic year.
(d) Awards under this section shall be for subsistence costs. The
commission Office of Higher Education and
Financial Aid may also award these grants and an additional
amount to pay tuition and fees to attend college at a public or
private four-year college or university or other eligible
postsecondary educational institution. No more than 2 percent of new
recipients enrolling for the first time in an institution of
postsecondary education shall be eligible for tuition payments and
fees in their first academic year of attendance.
(e) An individual selected for a Cal Grant B award who enrolls in
a public community college in his or her first year of attendance,
and who is determined to be financially ineligible for renewal of the
award in the second year of attendance at a public community college
but would be financially eligible for renewal, if he or she had
elected to attend a four-year college, may elect to have the award
held in trust for a period not to exceed two academic years, except
that the commission Office of Higher
Education and Financial Aid may extend the period in which the
award is held in trust for up to three academic years, if, in the
commission's office's judgment, the
individual's rate of academic progress has been as rapid as could be
expected for the personal and financial conditions that the
individual has encountered. The commission
Office of Higher Education and Financial Ai d shall,
in this case, hold the award in trust, to be granted to the
individual upon receipt of his or her request therefor within that
period, provided that at the time of making the request the
individual meets all the requirements of this chapter. Upon receipt
of the request, the commission Office of
Higher Education and Financial Aid shall assess or reassess the
financial needs of the individual. The commission
Office of Higher Education and Financial Aid may
prescribe the forms and procedures to be utilized for the purposes of
this section. The commission Office of
Higher Education and Financial Aid may award to another
eligible individual any award being so held in trust, subject to the
provisions of this section and any other conditions and restrictions
that may be imposed by the commission office
, to the end that all authorized awards are continually being
utilized. Following the first year for which any award is made, the
awards shall be included in the number of the continuing awards
available for any year and not the authorized new awards for the
year.
SEC. 731. Section 69539 of the
Education Code is amended to read:
69539. (a) A Cal Grant C award shall be utilized for occupational
or technical training.
(b) "Occupational or technical training" means that phase of
education coming after the completion of a secondary school program
and leading toward recognized occupational goals approved by the
commission Office of Higher Education and
Financial Aid .
(c) The commission Office of
Higher Education and Financial Aid may use criteria it deems
appropriate in selecting students with occupational talents to
receive grants for occupational or technical training.
(d) The Cal Grant C recipients shall be eligible for renewal of
their grants until they have completed their occupational or
technical training in conformance with terms prescribed by the
commission Office of Higher Education and
Financial Aid . In no case shall the grants exceed two calendar
years.
(e) Cal Grant C awards shall be for institutional fees, charges,
and other costs, including tuition, plus training-related costs, such
as special clothing, local transportation, required tools,
equipment, supplies, and books. In determining the amount of grants
and training-related costs, the commission
Office of Higher Education and Financial Aid shall take into
account other state and federal programs available to the applicant.
(f) Cal Grant C awards shall be awarded in areas of occupational
or technical training as determined by the commission
Office of Higher Education and Financial Aid
after consultation with appropriate state and federal agencies.
SEC. 732. Section 69540 of the
Education Code is amended to read:
69540. (a) Students who have completed a baccalaureate degree and
who have been admitted to a program of professional teacher
preparation at an institution approved by the California Commission
on Teacher Credentialing are eligible to receive a Cal Grant T award
for the equivalent of one year of full-time attendance. Payment for
this additional year is limited to only those courses required for an
initial teaching authorization. An award under this section may not
be used for other courses.
(b) The commission Office of Higher
Education and Financial Aid shall allocate Cal Grant T awards
using academic criteria or criteria related to past performance
similar to that used in awarding Cal Grant A awards.
SEC. 733. Section 69541 of the
Education Code is amended to read:
69541. (a) The Student Aid Commission
Office of Higher Education and Financial Aid , to the extent
funds are appropriated for the purposes of this section in the annual
Budget Act, shall provide a supplemental grant equal to two thousand
eight hundred dollars ($2,800) to recipients of Cal Grant awards who
fulfill the following requirements:
(1) The person has been declared a dependent or ward of the court
pursuant to Section 300 or Section 602 of the Welfare and
Institutions Code.
(2) The person, within the 60-day period immediately prior to his
or her 18th birthday, had a permanent plan of long-term foster care
or guardianship.
(3) The person received aid pursuant to Part 3 (commencing with
Section 11000) of Division 9 of the Welfare and Institutions Code.
(b) The State Department of Social Services shall enter into an
interagency agreement with the Student Aid Commission
Office of Higher Education and Financial Aid to
allocate funds to the commission office
appropriated in the Budget Act for the purposes of this section.
SEC. 734. Section 69544 of the
Education Code is amended to read:
69544. The commission Office of Higher
Education and Financial Aid from time to time shall adopt
such rules and regulations as it may
determine , not in conflict with this chapter, as
may be that it deems necessary or appropriate
for effectuating the provisions of this chapter.
SEC. 735. Section 69546 of the
Education Code is amended to read:
69546. The Student Aid Commission Office
of Higher Education and Financial Aid shall each year recommend
to the Legislature concerning the allocation of funds from the
federal state student incentive grant program and the programs
authorized in subdivisions (a), (b), and (c) of Section 69532.
SEC. 736. Section 69546.5 of the
Education Code is amended to read:
69546.5. The Student Aid Commission
Office of Higher Education and Financial Aid shall allocate
federal and state student incentive grant funds among the Cal Grant
A, B, and C programs.
SEC. 737. Section 69547 of the
Education Code is amended to read:
69547. As used in this division, "part-time student" means a
student who is enrolled in not less than one-half of the course load
of a full-time student as determined by the commission
Office of Higher Education and Financial Aid .
SEC. 738. Section 69561 of the
Education Code is amended to read:
69561. (a) The Student Opportunity and Access Program is
administered by the Student Aid Commission
Office of Higher Education a nd Financial Aid .
(b) The Student Aid Commission Office of
Higher Education and Financial Aid may apportion funds on a
progress payment schedule for the support of projects designed to
increase the accessibility of postsecondary educational opportunities
for any of the following elementary and secondary school
students pupils :
(1) Students Pupils who are from
low-income families.
(2) Students Pupils who would be the
first in their families to attend college.
(3) Students Pupils who
are from schools or geographic regions with documented
low-eligibility or college participation rates.
(c) These projects shall primarily do all of the following:
(1) Increase the availability of information for these
students pupils on the existence of
postsecondary schooling and work opportunities.
(2) Raise the achievement levels of these students
pupils so as to increase the number of high
school graduates eligible to pursue postsecondary learning
opportunities.
(d) Projects may assist community college students in transferring
to four-year institutions, to the extent that project resources are
available.
(e) Projects may provide assistance to low-income fifth and sixth
grade students pupils and their parents
in order to implement outreach efforts designed to use the future
availability of financial assistance as a means of motivating
students pupils to stay in school and
complete college preparatory courses.
(f) Each project shall be proposed and operated through a
consortium that involves at least one secondary school district
office, at least one four-year college or university, at least one
community college, and at least one of the following agencies:
(1) A nonprofit educational, counseling, or community agency.
(2) A private vocational or technical school accredited by a
national, state, or regional accrediting association recognized by
the United States Department of Education.
(g) The commission Office of Higher
Education and Financial Aid , in awarding initial project
grants, shall give priority to proposals developed by more than three
eligible agencies. Projects shall be located throughout the state in
order to provide access to program services in rural, urban, and
suburban areas.
(h) The governing board of each project, comprising at least one
representative from each entity in the consortium, shall establish
management policy, provide direction to the project director, set
priorities for budgetary decisions that reflect the specific needs of
the project, and assume responsibility for maintaining the required
level of matching funds, including solicitations from the private
sector and corporate sources.
(i) Prior to receiving a project grant, each consortium shall
conduct a planning process and submit a comprehensive project
proposal to include, but not be limited to, the following
information:
(1) The agencies participating in the project.
(2) The students pupils to be served
by the project.
(3) The ways in which the project will reduce duplication and
related costs.
(4) The methods for assessing the project's impact.
(j) Each project shall include the direct involvement of secondary
school staff in the daily operations of the project, with preference
in funding to those projects that effectively integrate the
objectives of the Student Opportunity and Access Program with those
of the school district in providing services that are essential to
preparing students pupils for
postsecondary education.
(k) Each project shall maintain within the project headquarters a
comprehensive student-specific pupil-specific
information system on students pupils
receiving services through the program in grades 11 and 12 at
secondary schools within the participating districts. This
information shall be maintained in a manner consistent with the law
relating to pupil records.
() At least 30 percent or the equivalent of each project grant
shall be allocated for stipends to peer advisers and tutors who meet
all of the following criteria:
(1) Work with secondary school students
pupils .
(2) Are currently enrolled in a college or other postsecondary
school as an undergraduate or graduate student.
(3) Have demonstrated financial need for the stipend.
(m) Each project should work cooperatively with other projects in
the program and with the commission
Office of Higher Education and Financial Aid to establish
viable student services and sound administrative procedures and to
ensure coordination of the activities of the project with existing
educational opportunity programs. The Student Aid Commission
Office of Higher Education and Financial Aid
may develop additional regulations regarding the awarding of project
grants and criteria for evaluating the effectiveness of the
individual projects.
SEC. 739. Section 69562 of the
Education Code is repealed.
69562. The Student Aid Commission shall establish a 12-member
project grant advisory committee to advise project directors and the
commission on the development and operation of the projects, and
consisting of the following:
(a) Three representatives of outreach programs, representing the
University of California, the California State University, and the
California Community Colleges, appointed by their respective
governing boards.
(b) One representative of private colleges and universities,
appointed by the Association of California Independent Colleges and
Universities.
(c) One representative of the California Postsecondary Education
Commission, appointed by the commission.
(d) Two secondary school staff, appointed by the Superintendent of
Public Instruction.
(e) Two persons representing the general public, one appointed by
the Speaker of the Assembly and the other by the Senate Rules
Committee.
(f) Two postsecondary students, both appointed annually by the
California Postsecondary Education Commission.
(g) One college campus financial aid officer, appointed by the
commission.
SEC. 740. Section 69612 of the
Education Code is amended to read:
69612. (a) The Legislature finds and declares all of the
following:
(1) There is a growing shortage of high-quality classroom
teachers, and there is a need for qualified teachers throughout
California.
(2) One of the most important elements in a pupil's success at
learning is the quality of the teacher.
(3) The teacher shortage is most serious in particular subject
areas, partly due to the shortage of students in these fields who
enter the teaching profession.
(4) Many school districts have difficulty recruiting and retaining
high-quality teachers for high-priority schools, for pupils with
special needs, for schools serving rural areas or large populations
of pupils from low-income and linguistic minority families, and for
schools with a high percentage of teachers holding emergency permits.
(5) The rising costs of higher education, coupled with a shift in
available financial aid from scholarships and grants to loans, make
loan repayment options an important consideration in a student's
decision to pursue a postsecondary education.
(6) The availability of financial aid and loan repayment
assistance are is an important
considerations consideration for many students,
especially economically disadvantaged students, in making their
educational decisions.
(b) It is, therefore, the intent of the Legislature that all of
the following occur:
(1) The Assumption Program of Loans for Education be designed to
encourage persons to enter into the teaching profession in designated
subject matter shortage areas and in schools serving large
populations of pupils from low-income families, schools serving rural
areas, schools with a high percentage of teachers holding emergency
permits, or schools with any or all of these characteristics.
(2) That the enactment of this article accomplish all of the
following:
(A) Providing outstanding postsecondary students, particularly
economically disadvantaged students, with the assurance of financial
assistance to encourage them to complete postsecondary education
programs leading to teaching credentials, and to seek employment as
teachers.
(B) Providing persons who agree to become teacher trainees or
teacher interns in a subject matter shortage area with the assurance
of financial assistance to encourage them to complete the additional
coursework necessary to obtain a teaching credential.
(C) Identifying subject matter areas or schools in which there are
shortages of fully credentialed teachers and provide
providing incentives for persons to obtain
teaching credentials and seek teaching positions in those areas.
(D) Identifying schools serving rural areas, schools serving large
populations of students from low-income families, or both, and
schools with a high percentage of teachers holding emergency permits,
and provide providing incentives for
persons to obtain teaching credentials and seek teaching positions in
those schools.
(E) Identifying high-priority schools and provide
providing incentives for persons to obtain
teaching credentials and seek teaching positions in those schools.
For the purpose of this article, " high-priority school" means a
school in the bottom half of the Academic Performance Index rankings
established pursuant to subdivision (a) of Section 52056 at the time
that a teacher is hired.
(3) Commencing with the 2000-01 school year, all persons eligible
to enter into agreements for loan assumption pursuant to this article
shall be persons who need to complete training or coursework in
order to be fully credentialed, and who agree to obtain a credential
and teach in a designated subject matter shortage area or in a school
that, at the time that the teacher is hired, meets any of the
following criteria:
(A) Serves a large population of pupils from low-income families.
(B) Has a high percentage of teachers holding emergency permits.
For the purposes of this article, a school with a "high percentage of
teachers holding emergency permits" is a school in which 20 percent
or more of the teachers hold emergency permits, teach pursuant to
waivers of credential requirements, or are interns.
(C) Is a high-priority school.
(4) Funding necessary for the administration of this article shall
be included within the annual budget of the commission
Office of Higher Education and Financial Aid in
an amount necessary to meet the student loan obligations incurred by
the commission office .
SEC. 741. Section 69613 of the
Education Code is amended to read:
69613. (a) (1) Any person enrolled in an eligible institution, or
any person who agrees to participate in a teacher trainee or teacher
internship program, may be eligible to enter into an agreement for
loan assumption, to be redeemed pursuant to Section 69613.2 upon
becoming employed as a teacher. In order to be eligible to enter into
an agreement for loan assumption, an applicant shall satisfy all of
the conditions specified in subdivision (b).
(2) As used in this article, "eligible institution" means a
postsecondary institution that is determined by the Student
Aid Commission Office of Higher Education and
Financial Aid to meet both of the following requirements:
(A) The institution is eligible to participate in state and
federal financial aid programs.
(B) The institution maintains a program of professional
preparation that has been approved by the Commission on Teacher
Credentialing.
(b) (1) The applicant has completed at least 60 semester units, or
the equivalent, and is enrolled in an academic program leading to a
baccalaureate degree at an eligible institution, has agreed to
participate in a teacher trainee program or teacher internship
program, or has been admitted to a program of professional
preparation that has been approved by the Commission on Teacher
Credentialing.
(2) The applicant is currently enrolled, or has been admitted to a
program in which he or she will be enrolled on at least a half-time
basis, as determined by the participating institution. The applicant
shall agree to maintain satisfactory academic progress and a minimum
of half-time enrollment, as defined by the participating eligible
institution.
(3) The applicant has been judged by his or her postsecondary
institution to have outstanding ability on the basis of criteria that
may include, but need not be limited to, any of the following:
(A) Grade point average.
(B) Test scores.
(C) Faculty evaluations.
(D) Interviews.
(E) Other recommendations.
(4) The applicant has received, or is approved to receive, a loan
under one or more of the following designated loan programs:
(A) The Federal Family Education Loan Program (20 U.S.C. Sec. 1071
et seq.).
(B) Any loan program approved by the Student Aid
Commission Office of Higher Education and Financial
Aid .
(5) The applicant has agreed to teach full time for at least four
consecutive academic years after obtaining a teaching credential in a
public elementary or secondary school in this state, in a subject
area that is designated as a current or projected shortage area by
the Superintendent of Public Instruction, or at a school that, at the
time that the teacher is hired, meets any of the following criteria:
(A) It serves a large population of pupils from low-income
families, as designated by the Superintendent of Public Instruction.
(B) It has 20 percent or more teachers holding emergency permits.
For the purposes of this paragraph, "teachers holding emergency
permits" includes persons who teach pursuant to waivers of credential
requirements or who are interns.
(C) It is a low-performing school.
(c) No applicant who has completed fewer than 60 units, or the
equivalent, shall be eligible under this section to participate in
the loan assumption program set forth in this article.
(d) The agreements entered into each year pursuant to subdivision
(b) at each eligible institution or participating school district or
county office of education shall be with applicants who meet the
criteria specified in paragraph (3) of subdivision (b) of Section
69612 or agree to teach in any of the subject areas listed pursuant
to that section. An agreement shall remain valid even if the subject
area under which an applicant becomes eligible to enter into an
agreement ceases to be a designated shortage field by the time the
applicant becomes a teacher.
(e) For the purposes of calculating eligible years of teaching for
the redemption of an award, the designation by the Superintendent of
Public Instruction of a newly-opened newly
opened school pursuant to Section 52056 shall apply
retroactively from the time of opening the school.
(f) A person participating in the program pursuant to this section
shall not enter into more than one agreement.
SEC. 742. Section 6 9613.1 of the
Education Code is amended to read:
69613.1. The Superintendent of Public Instruction shall furnish
the commission Office of Higher Education and
Financial Aid with all of the following:
(a) Every January 1 thereafter , a list of
teaching fields that have the most critical shortage of teachers. The
superintendent Superintendent shall
review this list annually and revise the list as he or she deems
necessary. Commencing January 1, 2001, the list of shortage areas
furnished pursuant to this subdivision shall include the state
special schools as a category separate from special education.
(b) A list of schools that serve a large population of pupils from
low-income families, as designated for purposes of the Perkins Loan
Program, or according to standards the superintendent
Superintendent deems appropriate.
(c) Commencing January 31, 2001, and every January 1 thereafter, a
list of schools with a high percentage of teachers holding emergency
permits. The list shall be established according to criteria
determined by the superintendent
Superintendent .
(d) Commencing January 31, 2001, and every January 1 thereafter, a
list of schools serving rural areas. The list shall be established
according to standards deemed appropriate by the
superintendent Superintendent .
(e) Commencing January 31, 2001, and every January 1 thereafter, a
list of high-priority schools.
SEC. 743. Section 69613.2 of the
Education Code is amended to read:
69613.2. The commission Office of Higher
Education and Financial Aid shall commence loan assumption
payments, as specified in Section 69613.4, upon verification that the
applicant has fulfilled all of the following:
(a) The applicant has received a teaching credential requiring a
baccalaureate degree, other than an emergency teaching permit,
authorizing service for kindergarten or any of grades 1 to 12,
inclusive.
(b) The applicant has provided full-time classroom instruction in
a public elementary or secondary school for the equivalent of one
school year.
(c) The applicant has met the requirements of the agreement and
all other pertinent conditions of this article.
SEC. 744. Section 69613.4 of the
Education Code is amended to read:
69613.4. (a) The terms of a loan assumption granted under this
article shall be as follows, subject to the specific terms of each
agreement:
(1) After a program participant has completed one school year of
classroom instruction pursuant to Section 69613.2, the
commission Office of Higher Education and Financial
Aid shall assume up to two thousand dollars ($2,000) of the
participant's outstanding liability under one or more of the
designated loan programs.
(2) After a program participant has completed two consecutive
school years of instruction, the commission
Office of Higher Education and Financial Aid shall assume up to
an additional three thousand dollars ($3,000) of the participant's
outstanding liability under one or more of the designated loan
programs, for a total loan assumption of up to five thousand dollars
($5,000).
(3) After a program participant has completed three consecutive
school years of teaching service, the commission
Office of Higher Education and Financial Aid shall assume
up to a maximum of an additional three thousand dollars ($3,000) of
the participant's outstanding liability under one or more of the
designated loan programs, for a total loan assumption of up to eight
thousand dollars ($8,000).
(4) After a program participant has completed four consecutive
school years of teaching service, the commission
Office of Higher Education and Financial Aid shall assume
up to a maximum of an additional three thousand dollars ($3,000) of
the participant's outstanding liability under one or more of the
designated loan programs, for a total loan assumption of up to eleven
thousand dollars ($11,000).
(b) For purposes of this section, "school year" means at least 175
school days or its equivalent.
SEC. 745. Section 69613.5 of the
Education Code is amended to read:
69613.5. Notwithstanding paragraph (3) of subdivision (b) of
Section 69612 and Section 69614, for the purposes of the recruitment
of teachers from outside California, the commission
Office of Higher Education and Financial Aid may
make agreements available to out-of-state teachers who fulfill the
terms of Section 69613.4 and are otherwise eligible to enter into
agreements. A teacher who enters into an agreement pursuant to this
section shall hold a valid teaching credential, in the subject area
of the California teaching position, from the state in which he or
she resides.
SEC. 746. Section 69613.6 of the
Education Code is amended to read:
69613.6. (a) Except as provided in subdivision (b), if a program
participant fails to complete a minimum of four consecutive school
years of classroom instruction as required by this article, under the
terms of the agreement pursuant to paragraph (5) of subdivision (b)
of Section 69613, the participant shall assume full liability for all
student loan obligations remaining after the commission's
assumption , by the office of Higher Education and
Financial Aid, of loan liability for the last year of
qualifying teaching service pursuant to Section 69613.
(b) Notwithstanding subdivision (a), if a program participant
becomes unable to complete one of the four consecutive years of
teaching service due to serious illness, pregnancy, or other natural
causes, the participant shall receive a deferral of the resumption of
full liability for the loan for a period not to exceed one calendar
year.
SEC. 747. Section 69614 of the
Education Code is amended to read:
69614. (a) The commission Office of
Higher Education and Financial Aid shall distribute program
information and student applications to participate in the loan
assumption program to each eligible institution and to each school
district or county office of education operating a district intern
program pursuant to Section 44381. Each eligible institution shall
receive at least one application, and the remainder shall be
distributed to eligible institutions proportionate to the number of
teaching candidates from each institution who completed the
coursework required for a teaching credential during the previous
year. In addition, the commission Office of
Higher Education and Financial Aid shall reexamine its outreach
and marketing strategies to inform both potential undergraduates and
persons employed outside of academia about the availability and
benefits of the loan assumption program. To this end, the
commission Office of Higher Education and Financial
Aid shall enlist the advice and support of the California
Center for the Teaching Profession, the University of California, the
California State University, the Association of Independent
California Colleges and Universities, and private employers and their
associations throughout the state.
(b) Each eligible institution, school district, and county office
of education shall sign an institutional agreement with the
commission Office of Higher Education and Financial
Aid , certifying its intent to administer the loan assumption
program according to all applicable published rules, regulations, and
guidelines, and to make special efforts to notify students regarding
the availability of the program, particularly economically
disadvantaged students.
(c) To the extent feasible, each eligible institution shall
coordinate the loan assumption program with other programs designed
to recruit students to enter the teaching profession.
SEC. 748. Section 69615 of the
Education Code is amended to read:
69615. (a) The commission Office of
Higher Education and Financial Aid shall administer this
article, and shall adopt rules and regulations for that purpose. The
rules and regulations shall include, but need not be limited to,
provisions regarding the period of time during which an agreement
shall remain valid, the reallocation of resources in light of
agreements that are not utilized by program participants, the
failure, for any reason, of a program participant
to complete a minimum of four consecutive years
of classroom instruction, and the development of projections for
funding purposes.
(b) The commission Office of Higher
Education and Financial Aid shall solicit the advice of
representatives from postsecondary education institutions, the State
Department of Education, the Commission on Teacher Credentialing,
school districts, and county offices of education regarding proposed
rules and regulations.
SEC. 749. Section 69615.4 of the
Education Code is amended to read:
69615.4. The commission Notwithstanding
Section 7550.5 of the Government Code, the Office of Higher Education
and Financial Aid shall report annually to the Legislature
regarding all of the following, on the basis of sex, age, and
ethnicity:
(a) The total number of program participants.
(b) The number of agreements entered into with juniors, seniors,
students enrolled in teacher training programs, and persons who agree
to enroll in teacher trainee programs or teacher internship
programs.
(c) The number of participants who agree to teach in a subject
matter shortage area.
(d) The number of participants who agree to teach in schools with
a high ratio of pupils from low-income families and in high-priority
schools.
(e) The number of participants who agree to teach in schools
serving rural areas.
(f) The number of participants who agree to teach in schools with
a high percentage of teachers holding emergency permits.
(g) The number of participants who receive a loan assumption
benefit, classified by payment year.
(h) The number of participants who have participated in the
Science, Mathematics, and Technology Teacher Pipeline Program
established by Chapter 1271 of the Statutes of 1993.
(i) The number of out-of-state teachers who enter into agreements.
(j) The number of participants who have participated in teacher
trainee programs or teacher internship programs, classified by school
district or county office of education.
SEC. 750. Section 69615.6 of the
Education Code is amended to read:
69615.6. (a) Beginning no later than the 1986-87 school year, and
each school year thereafter up to and including the 1997-98 school
year, the commission Office of Higher
Education and Financial Aid shall issue warrants for the
assumption of up to 500 student loans for program participants
eligible under this article.
(b) For the 1998-99 school year, the commission
Office of Higher Education and Financial Aid
shall issue warrants for the assumption of up to 4,500 student loans
for program participants eligible under this article.
(c) For the 1999-2000 school year the commission
Office of Higher Education and Financial Aid
shall issue warrants for the assumption of up to 5,500 student loans
for program participants eligible under this article.
(d) Commencing with the 2000-01 school year, and each school year
thereafter, all of the following shall apply:
(1) The commission Office of Higher
Education and Financial Aid shall enter into agreements for the
assumption of up to 6,500 student loans for program participants
eligible under this article.
(2) Notwithstanding the limitation of 6,500 warrants set forth in
paragraph (1), the commission Office of
Higher Education and Financial Aid shall issue warrants in a
quantity determined by the Governor and the Legislature in the annual
Budget Act for the assumption of student loans.
(3) Priority for these agreements shall be given to applicants who
are recipients of federally subsidized loans or other need-based
loans, as determined by the commission Office
of Higher Education and Financial Aid .
(4) Priority for these agreements shall be given to applicants who
agree to obtain a teaching credential in mathematics or science.
(e) In any school year, the commission
Office of Higher Education an d Financial Aid may
enter into no more than 500 agreements with applicants who
participate in a district intern program operated by a school
district or a county office of education.
(f) The issuance of warrants under this article in any fiscal year
shall be subject to the provision of funding therefor in the annual
Budget Act.
SEC. 751. Section 69620 of the
Education Code is amended to read:
69620. There is hereby established the Child Development Teacher
and Supervisor Grant Program, to be administered by the
Student Aid Commission Office of Higher Education and
Financial Aid , with participation by students attending
California public or private two-year or four-year postsecondary
educational institutions who intend to teach or supervise in the
field of child care and development in a licensed children's center.
The Student Aid Commission Office of
Higher Education and Financial Aid may enter into an
agreement with another state or local agency to administer this
program.
SEC. 752. Section 69622 of the
Education Code is amended to read:
69622. (a) Participants shall be enrolled in an approved course
of study leading to the teacher, site supervisor, or program director
level of the Child Development Permit.
(b) An applicant shall be eligible to participate if he or she
meets one of the following criteria:
(1) Is nominated by a postsecondary institution.
(2) Is nominated by his or her employing agency that holds an
approved waiver of staffing qualifications on behalf of the
applicant.
(c) From the list of applicants who are eligible under
subdivisions (a) and (b), the Student Aid Commission
Office of Higher Education and Financial Aid ,
or an agency designated by the commission
office , shall select participants on the basis of their
demonstrated financial need and academic achievement, which may
include, but not be limited to, high school grade-point average,
college grade-point average, or academic test scores.
(d) Participants shall maintain no less than half-time enrollment
and satisfactory academic progress as defined by the postsecondary
educational institution.
(e) Recipients of a grant may renew their participation by
maintaining satisfactory academic progress, financial need, and
intent to pursue the approved course of study leading to the teacher,
site supervisor, or program director level as provided in
subdivision (a). The maximum amount any one recipient may receive
through the grant program is six thousand dollars ($6,000).
(f) Participants may not concurrently receive benefits from the
grant program under this article and from the Child Development
Teacher Loan Assumption Program.
SEC. 753. Section 69623 of the
Education Code is amended to read:
69623. (a) To receive a grant under this article, a participant
shall enter into a contractual agreement with the Student
Aid Commission Office of Higher Education and
Financial Aid under which the participant agrees to do all of
the following:
(1) Pursue a course of study leading to the Child Development
Permit at the teacher, site supervisor, or program director level.
(2) Maintain full-time employment in a licensed children's center
in California for a period of one year for each year in which grant
assistance was received and provide the Student Aid
Commission Office of Higher Education and Financial
Aid with evidence of compliance with this requirement.
(b) Each participant shall complete and return to the
Student Aid Commission Office of Higher Education and
Financial Aid an employment verification for each year of
service as a teacher, instructor, or supervisor. A year of employment
may be based on a calendar year or a school year.
(c) The Student Aid Commission Office of
Higher Educa tion and Financial Aid shall develop
appropriate mechanisms to document and report annually to the State
Department of Education regarding compliance with the requirements of
paragraph (2) of subdivision (a).
SEC. 754. Section 69625 of the
Education Code is amended to read:
69625. (a) In order to accomplish the purposes set forth in this
article, commencing January 1, 1998, the Controller, the State
Department of Education, the State Department of Social Services, or
any other state agency receiving funds from the Child Care
Development Block Grant Act of 1990 (P.L. 97-35) shall make these
funds available to the Student Aid Commission
Office of Higher Education and Financial Aid for this program
only to the extent this program is incorporated into, and approved
in, the state plan established pursuant to subsection (a) of Section
658E of Subchapter C as contained in Section 5082 of the Omnibus
Budget Reconciliation Act of 1990 (P.L. 101-508).
(b) For the purpose of implementing this article, the State
Department of Education or designated state agency shall enter into
an interagency agreement with the Student Aid Commission
Office of Higher Education and Financial Aid to
allocate federal funds received annually for purposes of this program
and to include funds for the administrative costs.
(c) On or before January 1, 1999, and each year thereafter, the
Student Aid Commission Office of Higher
Education and Financial Aid shall report to the
State Department of Education or designated state agency regarding
the federal funding level required to award 100 new grants and all of
the renewal grants annually. The State Department of Education or
designated state agency shall take these amounts into consideration
when developing the state plan referenced in subdivision (a). The
State Department of Education or designated state agency shall notify
the Student Aid Commission Office of Higher
Education and Financial Aid of any revision to the federal
funding level as reflected in changes to the Child Care and
Development Block Grant State Plan.
(d) This program is contingent upon the receipt of federal funds
for the childcare and development block grant for the purposes of
implementing this program.
SEC. 755. Section 69626 of the
Education Code is amended to read:
69626. (a) The Student Aid Commission
Office of Higher Education and Financial Aid shall administer
the Child Development Teacher and Supervisor Grant Program. This
includes determining the application procedures and the selection
criteria for grant awards.
(b) It is the intent of the Legislature that the Student
Aid Commission Office of Higher Education and
Financial Aid consult with the Child Development Division of
the California Department of Education, postsecondary educational
institutions, and child care and development representatives of
statewide organizations regarding the development of the program,
including the program requirements and selection criteria.
SEC. 756. Section 69627 of the
Education Code is amended to read:
69627. Notwithstanding Section 7550.5 of the Government Code, the
Student Aid Commission Office of Higher
Education and Financial Aid shall report to the Governor and
the Legislature by January 1, 2001, on the Child Development Teacher
and Supervisor Grant Program to assess the following:
(a) The number of applicants annually.
(b) The number of participants annually.
(c) The rate of compliance with academic and employment
requirements.
(d) Participating postsecondary educational institutions.
(e) Needs assessment for program growth based on the eligible pool
of applicants.
(f) Participation and success rates for each permit.
(g) The amount of grant funds awarded each year, by institution.
SEC. 757. Section 69740 of the
Education Code is amended to read:
69740. Unless the context requires otherwise, the definitions in
this section govern the construction of this article.
(a) "Commission" means the Student Aid Commission
Office of Higher Education and Financial Aid .
(b) "Eligible education and training programs" means education and
training programs approved by the commission
Office of Higher Education and Financial Aid that lead to
eligibility for a license to practice law as a licensed attorney.
(c) "Eligible expenses" means reasonable expenses associated with
the costs of acquiring an education such as tuition, books,
equipment, fees, room and board, and other expenses determined by the
commission Office of Higher Education and
Financial Aid .
(d) "Eligible participant" means a licensed attorney who has been
admitted to the program and is a resident of this state and who can
provide proof of residency in this state.
(e) "Licensed attorney" means an attorney who resides in this
state who has successfully passed the California bar examination and
has been admitted to practice in this state or has otherwise been
licensed to practice law in this state by the State Bar of
California.
(f) "Loan repayment" means a loan that is paid in full or in part
if the participant renders legal services in this state in a public
interest area of the law.
(g) "Participant" means a licensed attorney who has been admitted
to the program and has commenced practice as a licensed attorney in
this state in a public interest area of the law.
(h) "Program" means the Public Interest Attorney Loan Repayment
Program.
(i) "Public interest area of the law" means those areas of the law
determined by the commission Office of
Higher Education and Financial Aid , in consultation with the
advisory committee, to serve the public interest, including, but not
necessarily limited to, providing direct legal service at a local (1)
legal services organization, (2) prosecuting attorney's office, (3)
child support agency office, or (4) criminal public defender's
office. For the purposes of this article, a "legal services
organization" is a legal services provider in California that serves
a clientele over 70 percent of whom are low-income persons according
to applicable federal income guidelines.
(j) "Required service obligation" means an obligation by the
participant to provide legal services in this state in a public
interest area of the law as established pursuant to this article.
SEC. 758. Section 69741 of the
Education Code is amended to read:
69741. The Public Interest Attorney Loan Repayment Program is
established for licensed attorneys who practice or agree to practice
in public interest areas of the law in this state. The program shall
be administered by the commission Office of
Higher Education and Financial Aid .
SEC. 759. Section 69741.5 of the
Education Code is amended to read:
69741.5. (a) The
Office of Higher Education and Financial Aid is limited to making
3,000 awards of loan assumption annually. Participants
in this program are eligible for a maximum of eleven
thousand dollars ($11,000) in loan assistance for four years, as
follows:
(1)
(a) For the first year, two thousand dollars ($2,000)
in loan repayment assistance.
(2)
(b) For the second, third, and fourth years, three
thousand dollars ($3,000) in loan repayment assistance for each year.
(b) Notwithstanding any other provision of law, in any fiscal
year, the commission shall award no more than the number of warrants
that are authorized in the annual Budget Act for that fiscal year for
the assumption of loans pursuant to this article.
SEC. 760. Section 69742 of the
Education Code is amended to read:
69742. (a) The commission Office of
Higher Education and Financial Aid shall establish eligibility
criteria for participation in the program based upon need and merit.
These criteria shall be based on all of the following, which are set
forth in order of importance:
(1) The applicant's need, which shall be based on the applicant's
salary, personal resources, and law school debt.
(2) The applicant's commitment to public interest law, which shall
be determined by examining the applicant's employment and volunteer
history, and taking into consideration a low-income applicant's need
to work while in law school.
(3) The applicant's declared interest in practicing in areas of
the state where the need for public interest attorneys is high.
(4) The applicant's academic achievements.
(b) The commission Office of Higher
Education and Financial Aid shall adopt initial regulations for
the program within one year of the effective date of the initial
appropriation funding the program.
SEC. 761. Section 69743.5 of the
Education Code is amended to read:
69743.5. The commission Office of Higher
Education and Financial Aid shall select, from the qualified
applicants, the individuals who are eligible to participate in the
program. After each year-long period of full-time, or full-time
equivalent, employment in a public interest area of the law, the loan
repayment of the eligible participant shall be made to the lender.
SEC. 762. Section 69744 of the
Education Code is amended to read:
69744. The commission Office of Higher
Education and Financial Aid may use the funds appropriated for
the program , including reasonable administrative costs,
for the purpose of loan repayments and to defray reasonable
administrative costs . The commission shall annually
establish the total amount of funding to be awarded for loan
repayments. Allocation of funds shall be established based upon the
best use of funding for that year, as determined by the
commission Office of Higher Education a nd
Financial Aid .
SEC. 763. Section 69745 of the
Education Code is amended to read:
69745. (a) Loans from both government sources and financial
institutions may be repaid by the program. Each participant shall
agree to allow the commission Office of
Higher Education and Financial Aid access to loan records and
to acquire information from lenders necessary to verify eligibility
and to determine payments. Loans may not be renegotiated with lenders
to accelerate repayment.
(b) Payments shall be made annually to the lender until the loan
is repaid, fulfilled, or until the required service obligation is
fulfilled and eligibility discontinues, whichever comes first.
(c) If the participant discontinues practicing in a public
interest area of the law, payments against the loans of the
participant shall cease to be effective on the date that the
participant discontinues service.
SEC. 764. Section 69746 of the
Education Code is amended to read:
69746. The commission Office of Higher
Education and Financial Aid is not responsible for any
outstanding payments on principal and interest to any lender once a
participant's eligibility expires.
SEC. 765. Section 69761 of the
Education Code is amended to read:
69761. (a) The purposes of California's participation in the
Federal Family Education Loan Program are as follows:
(1) To ensure that, in meeting their educational costs, a source
of loans is available to assist the greatest number of eligible
resident students.
(2) To ensure that loans are available to eligible resident
students that meet the criterion set forth in paragraph (1), the
commission Office of Higher Education and
Financial Aid is authorized to provide a source of loans to
eligible students within and outside California irrespective of their
residence or the location of their educational institution, to
assist them in meeting educational costs at eligible schools of their
choice.
(3) To accept, receive and administer the funds provided under
Title IV of the "Higher Education Act of 1965," and extensions
thereof, or any similar act of Congress in any jurisdiction permitted
under the Higher Education Act.
(b) The Legislature finds and declares that subdivision (a), as
amended during the 1999 portion of the 1999-2000 Regular Session,
reflects the intent of the Legislature in enacting Chapter 961 of the
Statutes of 1996, and is therefore declaratory of existing law.
SEC. 766. Section 69761.5 of the
Education Code is amended to read:
69761.5. The commission Office of Higher
Education and Financial Aid shall serve as a state student loan
guarantee agency, pursuant to P.L. 94-482, and subsequent federal
regulations, including, but not limited to, the following provisions:
(a) The commission Office of Higher
Education and Financial Aid shall be the designated state
agency for receiving any federal funds for administrative costs and
payments of insurance obligations.
(b) Educational loans to undergraduate and graduate students, or
to their parent or parents, or to undergraduate and graduate students
and to their parent or parents, shall not exceed the limits provided
in federal law.
(c) Participating educational institutions shall notify lenders
and the commission Office of Higher Education
and Financial Aid of enrollment status changes and current
addresses of participating students.
(d) No educational institution shall lend to more than 50 percent
of its undergraduate students; this provision may be waived by the
United States Secretary of Education if the limitation creates a
hardship for present or prospective students.
(e) A student may receive a loan only if he or she is maintaining
satisfactory progress in a course of study pursuant to practices of
the institution in which the student is enrolled, and provided the
student has not previously defaulted on any student loan. If a
student has made satisfactory arrangements to repay a default on a
previous student loan, the student may be eligible to receive a loan.
(f) An insurance premium may be charged student borrowers not to
exceed the maximum rate allowable, pursuant to federal statutes and
regulations.
SEC. 767. Section 69761.7 of the
Education Code is amended to read:
69761.7. To promote responsible and timely repayment of
guaranteed student loans, the commission
Office of Higher Education and Financial Aid shall establish a
process to ensure regular, annual credit reporting on the repayment
status of borrowers whose loans are guaranteed by the
commission office and whose paper has matured.
SEC. 768. Section 69763 of the
Education Code is amended to read:
69763. (a) (1) The commission Office of
Higher Education and Financial Aid shall administer the Federal
Family Education Loan Program as authorized pursuant to this
chapter. The commission Office of Higher
Education and Financial Aid may enter into any contract with
the United States Secretary of Education or any other federal officer
or agency under Title IV of the Higher Education Act of 1965, any
extension thereof, or any similar act of Congress, may cooperate with
the government of the United States, or any agency or agencies
thereof, in administration of the act of Congress and the rules and
regulations adopted thereunder. The commission
Office of Higher Education and Financial Aid shall adopt any
rules and regulations it deems necessary for the proper
administration of this chapter.
(2) Loans or loan guarantees issued by the commission
Office of Higher Education and Financial Aid ,
irrespective of the domicile of the eligible student or the location
of the educational institution attended by the eligible student,
prior to the effective date of amendments made to this section during
the 1999 portion of the 1999-2000 Regular Session, have been
determined by the Legislature to be consistent with the purposes of
California's participation in the Federal Family Education Loan
Program, and within the authority of the commission
Office of Higher Education and Financial Aid to
administer that program, and consistent with the intent of the
Legislature in enacting Chapter 961 of the Statutes of 1996.
(b) The rules and regulations adopted by the commission
Office of Higher Education and Financial Aid
pursuant to this section shall include a provision authorizing the
commission office to impose a civil
penalty in an amount not to exceed twenty-five thousand dollars
($25,000) per violation against any financial or educational
institution that violates any applicable law, rule, regulation,
limitation, consent agreement, or school or lender agreement,
relative to a state financial aid program. The rules and regulations
adopted pursuant to this section shall provide all of the following:
(1) No civil penalty shall be imposed against an institution
without first affording that institution an opportunity to request a
hearing and, if a request for a hearing is made, a hearing shall be
held before a representative of the commission
Office of Higher Education and Financial Aid .
(2) No civil penalty shall be imposed against an institution
unless an action against that institution has been initiated pursuant
to Section 30302 or 30304 of Title 5 of the California Code of
Regulations.
(c) Any moneys derived from the assessment of penalties pursuant
to this section shall be deposited into the Student Loan Operating
Fund.
SEC. 769. Section 69763.1 of the
Education Code is amended to read:
69763.1. (a) If a borrower defaults on a guaranteed student loan
and the lender's default claim has been paid, the Student
Aid Commission Office of Higher Education and
Financial Aid shall fulfill the collection efforts required by
federal law, which includes initiating a civil suit against the
borrower for repayment of the loan.
(b) After the period specified in federal law for commencing
action, the amount of the promissory note, plus interest and costs,
may be collected by the filing of a certificate requesting judgment
pursuant to subdivision (c) or by other appropriate civil action.
(c) If the loan principal, interest, and predefault and collection
costs are not paid when due, and there is evidence that the borrower
does not intend to pay under the terms of the promissory note or
promissory notes, the commission Office of
Higher Education and Financial Aid may file in the office of
the Clerk of the Superior Court of Sacramento County, or any other
county, a certificate
specifying the amount of the loan principal, interest, and predefault
and collection costs due, the name and last known address of the
individual liable for the amount due, the fact that the
commission office has complied with all
applicable state and federal laws in the computation of the amount
due, and a request that judgment be entered against the individual in
the amount of the loan principal, interest, and predefault and
collection costs specified in the certificate.
(d) Prior to the filing of the certificate, the
commission Executive Director of the Office of Higher
Education and Financial Aid shall, by mail, notify the
individual of the amount that is due and of the opportunity for a
hearing. If a hearing is requested, 10 days' notice shall be given of
the time and place of the hearing, which shall be held in Sacramento
County or, if properly requested, the county of residence of the
person requesting the hearing. The hearing shall be conducted by a
referee who shall submit findings and recommendations to the
director of the commission Executive Director of the
Office of Higher Education and Financial Aid , or an authorized
representative, who shall decide the matter. The decision shall be
effective upon notice to the interested parties. The
director of the commission Executive Director of the
Office of Higher Education and Financial Aid , or the
authorized representative, may rescind the decision and reconsider
the matter for good cause shown at any time within three years after
the date the disputed loan first became due, or within one year from
the hearing, whichever is later. If no hearing is requested within 15
days after mailing the notice required by this subdivision, the
certificate required by subdivision (b) may be filed.
SEC. 770. Section 69763.2 of the
Education Code is amended to read:
69763.2. (a) The clerk, immediately upon the filing of the
certificate specified in Section 69763.1, shall enter a judgment for
the people of the State of California against the individual in the
amount of the loan principal, interest, and predefault and collection
costs listed on the certificate. The On or
before June 30, 2005, the clerk may file the judgment in the
book entitled "California Student Aid Commission Judgments."
Judgments" and thereafter may file the judgment in
the book entitled "Office of Higher Education and Financial
Judgments."
(b) Execution shall issue upon the judgment specified in
subdivision (a) upon request of the Student Aid Commission
Office of Higher Education and Financial Aid in
the same manner as execution may issue upon other judgments as
prescribed in the Code of Civil Procedure.
(c) At least 10 days before executing any writ to collect, the
commission Office of Higher Education and
Financial Aid shall send notice of the intent to execute upon a
writ to the borrower and to any cosigners, by certified mail, to the
most recent addresses maintained in the files of the
commission office . Any person receiving the
notice of the intent to execute upon a writ may request a hearing to
contest the existence or the amount of the writ. At the request of
the individual, the commission Office of
Higher Education and Financial Aid shall conduct a hearing
pursuant to Section 69763.1, at which it shall be determined whether
the loan principal, interest, and predefault and collection costs in
the amount claimed by the commission office
are due and whether the individual named on the certificate is
liable for the amount. If no hearing is requested, the execution
shall be commenced for the garnishment of wages, the attachment of
property, or other legal collection action.
SEC. 771. Section 69763.3 of the
Education Code is amended to read:
69763.3. At any time before wages are garnished or a lien is
placed on property, a borrower may pay the Student Aid
Commission Office of Higher Education and Financial
Aid the amount of the recorded judgment, plus costs. If that
payment is made, wage garnishment or the attachment of property shall
not commence. The payment shall not constitute a waiver of the right
to a hearing.
SEC. 772. Section 69763.4 of the
Education Code is amended to read:
69763.4. If the Student Aid Commission
Office of Higher Education and Financial Aid , or an authorized
agent, has reasonable cause to believe that a lien on property may
be jeopardized within the 10-day notice-of-intent period, the lien
may be filed without prior notice. The commission
Office of Higher Education and Financial Aid shall provide
notice of the attachment of property by lien to the owner and to any
other person known to be claiming an interest in the property,
within 48 hours after filing, excluding Saturdays, Sundays, and the
holidays specified in Section 6700 of the Government Code. Any
hearing to contest the lien shall be requested within 10 days
following transmittal of the notice.
SEC. 773. Section 69764 of the
Education Code is amended to read:
69764. In the event that the amount of loans applied for under
this article exceeds the amount of the loans that may be guaranteed
pursuant to this article, the commission
Office of Higher Education and Financial Aid may establish a
system of priorities for the approval of loans.
SEC. 774. Section 69765 of the
Education Code is amended to read:
69765. (a) The commission Office of
Higher Education and Financial Aid shall guarantee any student
loan made pursuant to this article in the amount specified in federal
statutes and regulations.
(b) The commission Office of Higher
Education and Financial Aid shall establish the ratio of
reserve funds to loans outstanding.
SEC. 775. Section 69766 of the
Education Code is amended to read:
69766. (a) The Federal Student Loan Reserve Fund and the Student
Loan Operating Fund are hereby created in the State Treasury. On
January 1, 2000, the State Guaranteed Loan Reserve Fund shall cease
to exist, and funds deposited, or required to be deposited in that
fund, shall be transferred to the Federal Student Loan Reserve Fund
or to the Student Loan Operating Fund and allocated to those funds in
accordance with the requirements of federal law.
(b) All money received for the purposes of this article from
federal, state or local governments, including any money deposited in
the State Guaranteed Loan Reserve Fund, or from other private or
public sources, shall be deposited in the Federal Student Loan
Reserve Fund or the Student Loan Operating Fund and allocated to
those funds in accordance with the requirements of federal law. Funds
deposited in the Federal Student Loan Reserve Fund or the Student
Loan Operating Fund are not part of the General Fund, as defined in
Section 16300 of the Government Code. No moneys from the General Fund
shall be deposited in the Federal Student Loan Reserve Fund or the
Student Loan Operating Fund.
(c) The contents of the Federal Student Loan Reserve Fund are
federal funds, administered in accordance with federal laws and
regulations. The contents of the Student Loan Operating Fund are
state funds within the custody and control of the Student
Aid Commission Office of Higher Education and
Financial Aid .
(d) Notwithstanding Section 13340 of the Government Code, all
moneys deposited in the Federal Student Loan Reserve Fund and the
Student Loan Operating Fund are hereby continuously appropriated,
without regard to fiscal years, for purposes of this article. The
continuous appropriation made by this section shall be available to
assume the obligation under any outstanding budget act appropriation
from the State Guaranteed Loan Reserve Fund as it existed prior to
January 1, 2000. On or after the operative date of Article 2.4
(commencing with Section 69521), the expenditure of funds from the
Student Loan Operating Fund is subject to the limitations set forth
in Sections 69522 and 69526.
(e) The total amount of all outstanding debts, obligations, and
liabilities that may be incurred or created under this article or
under Article 2.5 (commencing with Section 69522), including any
obligation to repay to the United States any funds provided under
Title IV of the "Higher Education Act of 1965," and extensions
thereof or amendments thereto, or any similar act of Congress, is
limited to the amount contained in the Federal Student Loan Reserve
Fund or the Student Loan Operating Fund, and the state shall not be
liable to the United States, or to any other person or entity, beyond
the amount contained in the Federal Student Loan Reserve Fund or the
Student Loan Operating Fund for any debts, obligations, and
liabilities.
SEC. 776. Section 69766.1 of the
Education Code is amended to read:
69766.1. (a) Notwithstanding Section 13340 of the Government
Code, in addition to the purposes for which funds are appropriated
pursuant to Section 69766, there is hereby continuously appropriated
from the Federal Student Loan Reserve Fund and the Student Loan
Operating Fund to the commission Office of
Higher Education and Financial Aid , the amount of funds
necessary to make payments for the purchase of defaulted loans.
(b) Notwithstanding Section 13340 of the Government Code, there is
hereby continuously appropriated from the Student Loan Operating
Fund for transfer to the Federal Student Loan Reserve Fund, all
federal reinsurance payments received on defaulted student loans and
deposited in the Student Loan Operating Fund.
(c) The appropriation authorized by this section shall be
operative only if the annual Budget Act for the fiscal year is not
chaptered on or before July 15, and shall not exceed the amount
deemed by the commission Office of Higher
Education and Financial Aid to be required by federal law or
regulation. The commission Office of Higher
Education and Financial Aid shall notify the Joint Legislative
Budget Committee of the amount of any payments issued pursuant to
this section.
SEC. 777. Section 69768 of the Education
Code is amended to read:
69768. (a) The funds in the Federal Student Loan Reserve Fund and
the Student Loan Operating Fund shall be paid out by the State
Treasurer on warrants drawn by the Controller, or through a transfer
between the Federal Student Loan Reserve Fund and the Student Loan
Operating Fund, and requisitioned by the commission
Office of Higher Education and Financial Aid in
carrying out the purposes of this article and the federal act.
(b) The commission Office of Higher
Education and Financial Aid is hereby authorized to make
advance payments from the Student Loan Operating Fund to the
auxiliary organization for services rendered to the
commission office under Article 2.5 (commencing
with Section 69522). The commission Office of
Higher Education and Financial Aid is hereby authorized to
make advance payments from the Student Loan Operating Fund to the
auxiliary organization for the purpose of providing funding necessary
for other permitted student financial aid activities approved by the
commission office pursuant to a
business plan adopted by the auxiliary organization and approved by
the commission office , provided the
commission office first provides the
Director of Finance and the Joint Legislative Budget Committee with
at least 45 days advance notice in writing that includes the amount
proposed to be transferred and a description of the approved student
financial aid activities and related expenditures to be undertaken.
If the Director of Finance or the Joint Legislative Budget Committee
notifies the commission Office of Higher
Education and Financial Aid regarding issues of concern with
the proposed transfer of funds, the commission
office shall convene a meeting of appropriate
representatives of the commission office
, the Department of Finance, and the Legislature to resolve
those issues. Notwithstanding any other law, advance payments to the
auxiliary organization and any fees charged by the auxiliary
organization for services rendered to the commission
Office of Higher Education and Financial Aid
pursuant to an operating agreement may be deposited with a private
financial institution.
SEC. 778. Section 69769 of the
Education Code is repealed.
69769. The commission shall establish a Loan Advisory Council.
The Loan Advisory Council shall be composed of 17 members, appointed
by the commission, composed of representatives of students,
postsecondary educational institutions, eligible lenders, and
participating secondary markets.
SEC. 779. Section 69769.3 of the
Education Code is amended to read:
69769.3. (a) The Loan Advisory Council established
pursuant to Section 69769 shall be composed of members appointed from
Office of Higher Education and Financial Aid shall
consult with the following groups regarding the duties of
the office under the Federal Family Education Loan Program :
(1) Four representatives of the The
lending community participating in the Federal Family
Education Loan Program.
(2) One representative each from
Representatives of the University of California, the
California State University, the California Community Colleges, a
private nonprofit postsecondary education institution, and a private
for-profit postsecondary education institution.
(3) One A representative
from of the California Association of Student
Financial Aid Administrators.
(4) Five student representatives Students
from the same postsecondary segments listed in paragraph (2).
In no event shall a student representative be appointed to
serve simultaneously as the representative of more than one of these
five postsecondary groups.
(5) One representative from a The
community participating in the secondary market participating
in the Federal Family Education Loan Program.
(6) One A representative
from of the California Lenders for Education
Association.
(b) The representatives appointed by the commission
persons with whom the Office of Higher Education and
Financial Aid consults pursuant to subdivision (a) shall be
selected by the commission office from
lists provided to its chair the office
by each group described in that subdivision.
SEC. 780. Section 69769.5 of the
Education Code is repealed.
69769.5. The Loan Advisory Council shall review the activities
and policies of the Federal Family Education Loan Program and shall
regularly advise the commission of its findings and recommendations.
The Loan Advisory Council may request information and data that it
deems appropriate from the Student Aid Commission with respect to the
Federal Family Education Loan Program or any other loan program
administered by the commission.
SEC. 781. Section 69769.7 of the
Education Code is repealed.
69769.7. (a) The Loan Advisory Council shall annually elect a
chair and a vice chair from its membership. Representatives who serve
on, or are employed or retained by, the commission, and the
nonvoting representative appointed by the United States Department of
Education, if any, are ineligible for election to these positions.
(b) The chair of the Loan Advisory Council shall have the
authority, in consultation with the chair of the commission, to
convene meetings of the council. The chair shall also direct each
council meeting and shall regularly present oral and written reports
to the commission regarding the advice of the council. The vice chair
of the Loan Advisory Council shall assume these responsibilities in
the absence of the chair.
SEC. 782. Section 69772 of the
Education Code is amended to read:
69772. The commission Office of Higher
Education and Financial Aid shall annually report on the
numbers of students participating in the program, total loan volume,
and the postsecondary educational institutions in which participating
students are enrolled.
SEC. 783. Section 69774 of the
Education Code is amended to read:
69774. (a) The commission Office of
Higher Education and Financial Aid shall provide, with each
application form for the Federal Family Education Loan Program a
notice to the student informing him or her that, for purposes of
collecting on a defaulted loan, the commission
office is entitled to seek employment, wage, and other
information from the Employment Development Department on any person
who defaults on a guaranteed student loan.
(b) A common application form may be utilized for student loans in
compliance with the program eligibility and financial forms
specified in Section 69534.1.
SEC. 784. Section 69775 of the
Education Code is amended to read:
69775. The commission Office of Higher
Education and Financial Aid shall develop and distribute in
cooperation with postsecondary educational institutions and private
lenders, simple, common consumer information for prospective student
borrowers.
SEC. 785. Section 69776 of the
Education Code is amended to read:
69776. The commission Office of Higher
Education and Financial Aid may contract for all or part of
administrative support services.
SEC. 786. Section 69776.5 of the
Education Code is amended to read:
69776.5. The commission Office of Higher
Education and Financial Aid may enter into contracts with a
public agency or a private entity to improve the processing and
distribution of guaranteed student loan applications through the use
of electronic networks and unified data bases
databases .
SEC. 787. Section 69777 of the
Education Code is amended to read:
69777. The commission Office of Higher
Education and Financial Aid shall encourage private lenders to
increase participation in the guaranteed student loan program.
SEC. 788. Section 69951 of the
Education Code is amended to read:
69951. The California State Work-Study Program is hereby created
to provide eligible college and university students with the
opportunity to earn money to help defray their educational costs,
while gaining valuable experience in educationally beneficial or
career-related employment. The California State Work-Study Program
shall be administered by the Student Aid Commission
Office of Higher Education and Financial Aid .
SEC. 789. Section 69952 of the
Education Code is amended to read:
69952. (a) Any postsecondary educational institution currently
eligible to participate in state-funded student financial aid
programs pursuant to this chapter or in federal financial aid
programs shall be eligible to be selected to participate in the
California State Work-Study Program.
(b) Prior to participating in the program, each institution shall
sign an institutional agreement with the Student Aid
Commission Office of Higher Education and Financial
Aid , acknowledging its willingness to administer the program
pursuant to this article and program regulations and guidelines
adopted for that purpose by the commission
office . The agreement shall include the procedures that the
institution shall use to ensure that each work-study position is
related to the student's course of study or career interests.
(c) Each participating institution shall be required, as a
condition of participation in the program, to comply with
such the auditing or other fiscal reporting
requirements as established by the
commission may establish Office of Higher
Education and Financial Aid . These requirements shall be
applied by the commission Offic e
of Higher Education and Financial Aid so as to ensure that no
payments received by any private institution pursuant to this article
are applied to any sectarian or denominational purpose, or to the
general aid or support of the institution.
SEC. 790. Section 69954 of the
Education Code is amended to read:
69954. (a) All of the following entities shall be eligible to
employ students participating in the California State Work-Study
Program:
(1) Public postsecondary educational institutions.
(2) Public schools operated by school districts, county
superintendents of schools, the Department of the Youth
Authority Division of Juvenile Justice , or the
State Department of Education.
(3) Nonsectarian, nonpolitical organizations or corporations,
whether nonprofit or profit-seeking enterprises licensed to conduct
business in California.
(4) Out-of-state employers licensed to conduct business in their
home state, subject to the prior approval of the Student Aid
Commission Office of Higher Education and Financial
Aid .
(b) Private postsecondary educational institutions shall not be
eligible to employ students participating in the California State
Work-Study Program.
SEC. 791. Section 69958 of the
Education Code is amended to read:
69958. (a) Potential work-study positions may be located by the
institution or by eligible students in cooperation with the
institution. Each position located shall be critically reviewed by
the appropriate student financial aid and experiential education
personnel to determine whether it satisfies all the conditions
specified in Section 69960. To assist the institution in assessing
the position, the employer shall submit a written statement to the
institution that provides all of the following information:
(1) The total number of positions available.
(2) A job description of each available position, including the
suggested rate of pay.
(3) The skills required of the prospective work-study employee.
(4) The educational benefits provided by the position.
(b) Once the institution has approved the work-study position, the
employer and the institution, acting as the authorized agent of the
Student Aid Commission Office of Higher
Education and Financial Aid , shall execute a written agreement
that confirms the employer's eligibility to participate in the
program and its willingness to comply with all program requirements,
and specifies the responsibilities of each of the parties. The
agreement shall be subject to annual renewal by mutual agreement of
the institution and the employer.
(c) Following execution of the agreement pursuant to subdivision
(b), the employer may interview prospective work-study employees. The
institution shall provide the employer and each applicant for the
work-study position with adequate information to facilitate a proper
placement. Provided that the priorities specified in Section 69959
have been met, the employer may indicate his or her hiring
preferences. An employer shall not discriminate between applicants on
any basis listed in subdivision (a) of Section 12940 of the
Government Code, as those bases are defined in Sections 12926 and
12926.1 of the Government Code, except as otherwise provided in
Section 12940 of the Government Code, or subject any applicant to any
other discriminatory practices prohibited by state or federal law.
SEC. 792. Section 69959 of the
Education Code is amended to read:
69959. (a) The following priorities shall be followed at the time
of job referral and placement:
(1) The primary objective shall be to place a student in an
educationally beneficial position that relates to the student's
course of study, career objective, or the exploration of career
objectives. Preference in awarding work-study positions shall be
given to those students able to locate employment related to their
academic program or potential career.
(2) The program shall include and emphasize placements for
students with off-campus, private, profit-making employers.
(3) The program shall also include, pursuant to Section 69969.5,
work-study positions to offer tutorial instruction to pupils in
various pupil outreach activities, which may include, but need not be
limited to, tutoring in core courses, pupil mentoring, curriculum
development, and academic counseling during or after regular school
hours.
(b) It is the intent of the Legislature that each participating
institution shall strive to place a significant number of students
with off-campus private sector employers and public school districts.
In evaluating an institution's progress in achieving placements with
off-campus employers, the commission Office
of Higher Education and Financial Aid shall take into
consideration the proximity of the campus to private sector jobs,
local economic conditions, and other factors which may affect an
institution's ability to place students in off-campus jobs.
SEC. 793. Section 69965 of the
Education Code is amended to read:
69965. (a) The Student Aid Commission
Office of Higher Education and Financial Aid , in consultation
with the advisory committee designated pursuant to Section 69966,
shall select postsecondary educational institutions to participate in
the program. In evaluating applications from educational
institutions, the commission Office of Higher
Education and Financial Aid shall primarily consider the
following factors:
(1) Administrative capability.
(2) Ability to utilize available state funds.
(b) The commission Office of Higher
Education and Financial Aid shall also consider:
(1) Geographical distribution of participating institutions.
(2) Segmental representation.
SEC. 794. Section 69966 of the
Education Code is amended to read:
69966. The Student Aid Commission Office
of Higher Education and Financial Aid shall administer the
California State Work-Study Program in consultation with an advisory
committee. The membership of the advisory committee, which may be an
existing advisory committee established by the commission
Office of Higher Education and Financial Aid ,
shall be representative
of, but need not be limited to, financial aid and student employment
administrators from each segment of postsecondary education,
students, public schools, employers, the California
Postsecondary Education Commission office , and
experiential education personnel.
SEC. 795. Section 69967 of the
Education Code is amended to read:
69967. The Student Aid Commission Office
of Higher Education and Financial Aid shall do all of the
following:
(a) Adopt any necessary rules, regulations, and guidelines to
assist participating employers and institutions to administer the
program.
(b) Ensure that student placements are consistent with the
objectives stated in Section 69959.
(c) Monitor institutional expenditures to ensure proper allocation
and utilization of work-study funds.
(d) At the close of each fiscal year, compile data regarding the
population served by the program during that fiscal year.
(e) Review the administrative practices of each participating
institution to ensure compliance with program requirements.
(f) Ensure that appropriate audits of the program are conducted.
SEC. 796. Section 69969 of the
Education Code is amended to read:
69969. (a) It is the intent of the Legislature that funding for
the purposes of the California State Work-Study Program be
appropriated in the annual Budget Act.
(b) Available funds shall be allocated to each participating
institution by the commission Office of
Higher Education and Financial Aid , including a minimum
administrative allowance for each institution.
(c) The commission Office of Higher
Education and Financial Aid may provide a supplementary
administrative allowance to institutions that reflects the additional
costs of placing students with off-campus, private, profit-making
employers and public school districts.
SEC. 797. Section 81706 of the
Education Code is amended to read:
81706. The Board of Governors of the California Community
Colleges, in consultation with the Secretary for Education, the
Department of General Services, the Energy Resources, Conservation
and Development Commission, Seismic Safety Commission,
community college district representatives, and industry
representatives, develop guidelines for design-build projects. The
guidelines shall be developed no later than June 30, 2003.
SEC. 798. Section 89347 of the
Education Code is amended to read:
89347. The Student Aid Commission Office
of Higher Education and Financial Aid shall provide outreach
services and technical assistance to foster youth at the two grade
levels designated jointly by the California State University and the
California Community Colleges. The State Department of Social
Services and county welfare departments shall, in coordination with
the Student Aid Commission Office of Higher
Education and Financial Aid , communicate with foster youth at
the two grade levels designated jointly by the California State
University and the California Community Colleges in order to
facilitate the Student Aid Commission's
office's outreach and technical assistance efforts for those
prospective students.
SEC. 799. Section 89529.15 of the
Education Code is amended to read:
89529.15. As used in this article:
(a) "Employee" means any of the following:
(1) A permanent or probationary full-time employee of the
trustees, regardless of period of service, who is a member of the
Public Employees' Retirement System or the State Teachers' Retirement
System in compensated employment on or after October 1, 1976.
(2) A permanent or probationary part-time or intermittent employee
of the trustees with at least the equivalent of six monthly
compensated pay periods of service in the 18 months of pay periods
immediately preceding the pay period in which the disability begins,
who is a member of the Public Employees' Retirement System or the
State Teachers' Retirement System in compensated employment on or
after January 1, 1979.
(3) In addition to those eligible under paragraph (1), an employee
of the trustees appointed half-time or more for one year of service
or one academic year, as defined by the trustees, or more, who is a
member of the Public Employees' Retirement System or the State
Teachers' Retirement System in compensated employment on or after
January 1, 1979.
(4) A permanent or probationary full-time employee of the
trustees, regardless of period of service, who is a participant in
the optional retirement program pursuant to Chapter 5.5 (commencing
with Section 89600), provided that he or she would otherwise be
eligible to participate in the Public Employees' Retirement System
except for the election to participate in the optional retirement
program.
(b) "Full pay" means the gross base salary earnable by the
employee and subject to retirement contribution on the date of the
commencement of his or her disability.
(c) "Disability" or "disabled" includes mental or physical illness
and mental or physical injury including any illness or injury
resulting from pregnancy, childbirth, or related medical condition.
An employee is deemed disabled on any day in which, because of his or
her physical, mental, or medical condition, he or she is unable to
perform his or her regular or customary work.
(d) "Disability benefit period", with respect to any individual,
means the continuous period of disability beginning with the first
day with respect to which the individual files a valid claim for
nonindustrial disability benefits. For the purpose of this article,
two consecutive periods of disability due to the same or related
cause or condition and separated by a period of not more than 14 days
shall be considered as one disability benefit period.
(e) "Appeals board" means the California Unemployment
Insurance Appeals Employment and Benefits Board.
SEC. 800. Section 94155 of the
Education Code is amended to read:
94155. On Notwithstanding Section 7550.5
of the Government Code, on or before March 31 in each year the
authority shall make an annual report of its activities for the
preceding calendar year to the Governor and the Legislature. Each
such report shall set forth a complete operating and financial
statement covering the authority's operations during the year. The
authority shall cause an audit of its books and accounts to be made
at least once in each year by certified public accountants. The
authority shall also consult with the California
Postsecondary Education Commission and the Student Aid Commission
Office of Higher Education and Financial Aid
with respect to the need for additional financing of student loan
projects.
SEC. 801. Section 5002 of the Family
Code is amended to read:
5002. (a) In an action pursuant to this chapter prosecuted by the
local child support agency or the Attorney General that is initiated
by service of summons and petition or other comparable pleading, the
respondent may also be served with a proposed judgment consistent
with the relief sought in the petition or other comparable pleading.
If the respondent's income or income history is unknown to the local
child support agency, the local child support agency may serve a form
of proposed judgment with the petition and other documents on the
respondent that shall inform the respondent that income shall be
presumed to be the amount of the minimum wage, at 40 hours per week,
established by the Industrial Welfare Commission
Labor and Workforce Development Agency pursuant to Section
1182.11 of the Labor Code, unless information concerning the
respondent's income is provided to the court. The respondent shall
also receive notice that the proposed judgment will become effective
if he or she fails to file a response with the court within 30 days
after service.
(b) In any action pursuant to this chapter in which the judgment
was obtained pursuant to presumed income, as set forth in this
section, the court may set aside that part of the judgment or order
concerning the amount of child support to be paid on the grounds
specified and in the manner set forth in Section 17432.
SEC. 802. Section 17400 of the Family
Code is amended to read:
17400. (a) Each county shall maintain a local child support
agency, as specified in Section 17304, that shall have the
responsibility for promptly and effectively establishing, modifying,
and enforcing child support obligations, including medical support,
enforcing spousal support orders established by a court of competent
jurisdiction, and determining paternity in the case of a child born
out of wedlock. The local child support agency shall take appropriate
action, including criminal action in cooperation with the district
attorneys, to establish, modify, and enforce child support and, if
appropriate, enforce spousal support orders if the child is receiving
public assistance, including Medi-Cal, and, if requested, shall take
the same actions on behalf of a child who is not receiving public
assistance, including Medi-Cal.
(b) (1) Notwithstanding Sections 25203 and 26529 of the Government
Code, attorneys employed within the local child support agency may
direct, control, and prosecute civil actions and proceedings in the
name of the county in support of child support activities of the
Department of Child Support Services and the local child support
agency.
(2) Notwithstanding any other law, and except for pleadings or
documents required to be signed under penalty of perjury, a local
child support agency may substitute original signatures with any form
of electronic signatures, including, but not limited to, typed,
digital, or facsimile images of signatures, digital signatures, or
other computer-generated signatures, on pleadings filed for the
purpose of establishing, modifying, or enforcing paternity, child
support, or medical support. Any substituted signature used by a
local child support agency shall have the same effect as an original
signature, including, but not limited to, the requirements of Section
128.7 of the Code of Civil Procedure.
(c) Actions brought by the local child support agency to establish
paternity or child support or to enforce child support obligations
shall be completed within the time limits set forth by federal law.
The local child support agency's responsibility applies to spousal
support only if the spousal support obligation has been reduced to an
order of a court of competent jurisdiction. In any action brought
for modification or revocation of an order that is being enforced
under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et
seq.), the effective date of the modification or revocation shall be
as prescribed by federal law (42 U.S.C. Sec. 666(a)(9)), or any
subsequent date.
(d) (1) The Judicial Council, in consultation with the department
and representatives of the California Family Support Council, the
Senate Committee on Judiciary, the Assembly Committee on Judiciary,
and a legal services organization providing representation on child
support matters, shall develop simplified summons, complaint, and
answer forms for any action for support brought pursuant to this
section or Section 17404. The Judicial Council may combine the
summons and complaint in a single form.
(2) The simplified complaint form shall provide notice of the
amount of child support that is sought pursuant to the guidelines set
forth in Article 2 (commencing with Section 4050) of Chapter 2 of
Part 2 of Division 9 based upon the income or income history of the
support obligor as known to the local child support agency. If the
support obligor's income or income history is unknown to the local
child support agency, the complaint shall inform the support obligor
that income shall be presumed to be the amount of the minimum wage,
at 40 hours per week, established by the Industrial Welfare
Commission Labor and Workforce Development Agency
pursuant to Section 1182.11 of the Labor Code unless
information concerning the support obligor's income is provided to
the court. The complaint form shall be accompanied by a proposed
judgment. The complaint form shall include a notice to the support
obligor that the proposed judgment will become effective if he or she
fails to file an answer with the court within 30 days of service.
Except as provided in paragraph (2) of subdivision (a) of Section
17402, if the proposed judgment is entered by the court, the support
order in the proposed judgment shall be effective as of the first day
of the month following the filing of the complaint.
(3) (A) The simplified answer form shall be written in simple
English and shall permit a defendant to answer and raise defenses by
checking applicable boxes. The answer form shall include instructions
for completion of the form and instructions for proper filing of the
answer.
(B) The answer form shall be accompanied by a blank income and
expense declaration or simplified financial statement and
instructions on how to complete the financial forms. The answer form
shall direct the defendant to file the completed income and expense
declaration or simplified financial statement with the answer, but
shall state that the answer will be accepted by a court without the
income and expense declaration or simplified financial statement.
(C) The clerk of the court shall accept and file answers, income
and expense declarations, and simplified financial statements that
are completed by hand provided they are legible.
(4) (A) The simplified complaint form prepared pursuant to this
subdivision shall be used by the local child support agency or the
Attorney General in all cases brought under this section or Section
17404.
(B) The simplified answer form prepared pursuant to this
subdivision shall be served on all defendants with the simplified
complaint. Failure to serve the simplified answer form on all
defendants shall not invalidate any judgment obtained. However,
failure to serve the answer form may be used as evidence in any
proceeding under Section 17432 of this code or Section 473 of the
Code of Civil Procedure.
(C) The Judicial Council shall add language to the governmental
summons, for use by the local child support agency with the
governmental complaint to establish parental relationship and child
support, informing defendants that a blank answer form should have
been received with the summons and additional copies may be obtained
from either the local child support agency or the superior court
clerk.
(e) In any action brought or enforcement proceedings instituted by
the local child support agency pursuant to this section for payment
of child or spousal support, an action to recover an arrearage in
support payments may be maintained by the local child support agency
at any time within the period otherwise specified for the enforcement
of a support judgment, notwithstanding the fact that the child has
attained the age of majority.
(f) The county shall undertake an outreach program to inform the
public that the services described in subdivisions (a) to (c),
inclusive, are available to persons not receiving public assistance.
There shall be prominently displayed in every public area of every
office of the agencies established by this section a notice, in clear
and simple language prescribed by the Director of Child Support
Services, that the services provided in subdivisions (a) to (c),
inclusive, are provided to all individuals, whether or not they are
recipients of public assistance.
(g) (1) In any action to establish a child support order brought
by the local child support agency in the performance of duties under
this section, the local child support agency may make a motion for an
order effective during the pendency of that action, for the support,
maintenance, and education of the child or children that are the
subject of the action. This order shall be referred to as an order
for temporary support. This order has the same force and effect as a
like or similar order under this code.
(2) The local child support agency shall file a motion for an
order for temporary support within the following time limits:
(A) If the defendant is the mother, a presumed father under
Section 7611, or any father if the child is at least six months old
when the defendant files his or her answer, the time limit is 90 days
after the defendant files an answer.
(B) In any other case in which the defendant has filed an answer
prior to the birth of the child or not more than six months after the
birth of the child, then the time limit is nine months after the
birth of the child.
(3) If more than one child is the subject of the action, the
limitation on reimbursement shall apply only as to those children
whose parental relationship and age would bar recovery were a
separate action brought for support of that child or those children.
(4) If the local child support agency fails to file a motion for
an order for temporary support within the time limits specified in
this section, the local child support agency shall be barred from
obtaining a judgment of reimbursement for any support provided for
that child during the period between the date the time limit expired
and the date the motion was filed, or, if no motion is filed, when a
final judgment is entered.
(5) Except as provided in Section 17304, nothing in this section
prohibits the local child support agency from entering into
cooperative arrangements with other county departments as necessary
to carry out the responsibilities imposed by this section pursuant to
plans of cooperation with the departments approved by the Department
of Child Support Services.
(6) Nothing in this section otherwise limits the ability of the
local child support agency from securing and enforcing orders for
support of a spouse or former spouse as authorized under any other
law.
(h) As used in this article, "enforcing obligations" includes, but
is not limited to, all of the following:
(1) The use of all interception and notification systems operated
by the department for the purpose of aiding in the enforcement of
support obligations.
(2) The obtaining by the local child support agency of an initial
order for child support that may include medical support or that is
for medical support only, by civil or criminal process.
(3) The initiation of a motion or order to show cause to increase
an existing child support order, and the response to a motion or
order to show cause brought by an obligor parent to decrease an
existing child support order, or the initiation of a motion or order
to show cause to obtain an order for medical support, and the
response to a motion or order to show cause brought by an obligor
parent to decrease or terminate an existing medical support order,
without regard to whether the child is receiving public assistance.
(4) The response to a notice of motion or order to show cause
brought by an obligor parent to decrease an existing spousal support
order if the child or children are residing with the obligee parent
and the local child support agency is also enforcing a related child
support obligation owed to the obligee parent by the same obligor.
(5) The referral of child support delinquencies to the Franchise
Tax Board under subdivision (c) of Section 17500 in support of the
local child support agency.
(i) As used in this section, "out of wedlock" means that the
biological parents of the child were not married to each other at the
time of the child's conception.
(j) (1) The local child support agency is the public agency
responsible for administering wage withholding for current support
for the purposes of Title IV-D of the Social Security Act (42 U.S.C.
Sec. 651 et seq.).
(2) Nothing in this section limits the authority of the local
child support agency granted by other sections of this code or
otherwise granted by law.
(k) In the exercise of the authority granted under this article,
the local child support agency may intervene, pursuant to subdivision
(b) of Section 387 of the Code of Civil Procedure, by ex parte
application, in any action under this code, or other proceeding in
which child support is an issue or a reduction in spousal support is
sought. By notice of motion, order to show cause, or responsive
pleading served upon all parties to the action, the local child
support agency may request any relief that is appropriate that the
local child support agency is authorized to seek.
() The local child support agency shall comply with all
regulations and directives established by the department that set
time standards for responding to requests for assistance in locating
noncustodial parents, establishing paternity, establishing child
support awards, and collecting child support payments.
(m) As used in this article, medical support activities that the
local child support agency is authorized to perform are limited to
the following:
(1) The obtaining and enforcing of court orders for health
insurance coverage.
(2) Any other medical support activity mandated by federal law or
regulation.
(n) (1) Notwithstanding any other law, venue for an action or
proceeding under this division shall be determined as follows:
(A) Venue shall be in the superior court in the county that is
currently expending public assistance.
(B) If public assistance is not currently being expended, venue
shall be in the superior court in the county where the child who is
entitled to current support resides or is domiciled.
(C) If current support is no longer payable through, or
enforceable by, the local child support agency, venue shall be in the
superior court in the county that last provided public assistance
for actions to enforce arrearages assigned pursuant to Section 11477
of the Welfare and Institutions Code.
(D) If subparagraphs (A), (B), and (C) do not apply, venue shall
be in the superior court in the county of residence of the support
obligee.
(E) If the support obligee does not reside in California, and
subparagraphs (A), (B), (C), and (D) do not apply, venue shall be in
the superior court of the county of residence of the obligor.
(2) Notwithstanding paragraph (1), if the child becomes a resident
of another county after an action under this part has been filed,
venue may remain in the county where the action was filed until the
action is completed.
(o) The local child support agency of one county may appear on
behalf of the local child support agency of any other county in an
action or proceeding under this part.
SEC. 803. Article 5 (commencing with Section
14380) of Chapter 3 of Division 5 of the Financial Code
is repealed.
SEC. 804. Section 2192 of the Fish and
Game Code is amended to read:
2192. Notwithstanding Part 2.5 (commencing with Section 18900) of
Division 13 of the Health and Safety Code, Section 11356 of the
Government Code, or any other provision of law, regulations of the
commission relating to the construction, fixtures, and other minimum
caging standards adopted by the commission for the confinement of
live wild animals pursuant to this chapter are not building standards
subject to the approval of the State Building Standards
Commission Department of General Services .
SEC. 805. Section 2765 of the Fish and
Game Code is amended to read:
2765. The California Water Commission
Department of Water Resources , in any recommendation it may
make to the Congress of the United States on funding for water
projects, shall include recommendations for studies, programs, and
facilities necessary to correct fish and wildlife problems caused,
fully or partially, by federal water facilities and operation,
including, but not limited to, all of the following:
(a) The Red Bluff Dam.
(b) The Trinity and Lewiston Dams.
(c) The facilities necessary to protect wildlife areas in the
Suisun Marsh and the Sacramento-San Joaquin Delta from adverse water
quality effects caused by the federal Central Valley Project.
(d) The Kesterson Reservoir and the San Luis Drain.
SEC. 806. Article 3 (commencing with Section 54442)
of Chapter 2 of Division 20 of the Food and Agricultural
Code is repealed.
SEC. 807. Section 54451.5 of the Food
and Agricultural Code is repealed.
54451.5. A conciliation service shall be appointed by the
department if the parties cannot agree on a conciliator.
SEC. 808. Section 4450 of the
Government Code is amended to read:
4450. (a) It is the purpose of this chapter to ensure that all
buildings, structures, sidewalks, curbs, and related facilities,
constructed in this state by the use of state, county, or municipal
funds, or the funds of any political subdivision of the state shall
be accessible to and usable by persons with disabilities.
(b) The State Architect shall develop and submit proposed building
standards to the California Building Standards Commission
Department of General Services for approval and
adoption pursuant to Chapter 4 (commencing with Section 18935) of
Part 2.5 of Division 13 of the Health and Safety Code and shall
develop other regulations for making buildings, structures,
sidewalks, curbs, and related facilities accessible to and usable by
persons with disabilities. The regulations and building standards
relating to access for persons with disabilities shall be consistent
with the standards for buildings and structures that are contained in
pertinent provisions of the latest edition of the selected model
code, as adopted by the California Building Standards
Commission Department of General Services , and
these regulations and building standards shall contain additional
requirements relating to buildings, structures, sidewalks, curbs, and
other related facilities the State Architect determines are
necessary to assure access and usability for persons with
disabilities. In developing and revising these additional
requirements, the State Architect shall consult with the Department
of Rehabilitation, the League of California Cities, the California
State Association of Counties, and at least one private organization
representing and comprised of persons with disabilities.
(c) In no case shall the State Architect's regulations and
building standards prescribe a lesser standard of accessibility or
usability than provided by the Accessibility Guidelines prepared by
the federal Access Board as adopted by the
United States Department of Justice to implement
the Americans with Disabilities Act of 1990 (Public Law 101-336).
SEC. 809. Section 4451 of the Government
Code is amended to read:
4451. (a) Except as otherwise provided in this section, this
chapter shall be limited in its application to all buildings and
facilities stated in Section 4450 intended for use by the public,
with any reasonable availability to, or usage by, persons with
disabilities, including all facilities used for education and
instruction, including the University of California, the California
State University, and the various community college districts, that
are constructed in whole or in part by the use of state, county, or
municipal funds, or the funds of any political subdivision of the
state.
(b) When required by federal or state law, buildings, structures,
and facilities, or portions thereof, that are leased, rented,
contracted, sublet, or hired by any municipal, county, or state
division of government, or special district shall be made accessible
to, and usable by, persons with disabilities.
(c) Except as otherwise provided by law, buildings, structures,
sidewalks, curbs, and related facilities subject to the provisions of
this chapter or Part 5.5 (commencing with Section 19955) of Division
13 of the Health and Safety Code shall conform to the building
standards published in the California Building Standards Code
relating to access for persons with disabilities and the other
regulations adopted pursuant to Section 4450 that are in effect on
the date of an application for a building permit. With respect to
buildings, structures, sidewalks, curbs, and related facilities not
requiring a building permit, building standards published in the
California Building Standards Code relating to access for persons
with disabilities and other regulations adopted pursuant to Section
4450, and in effect at the time construction is commenced shall be
applicable.
(d) Until building standards are published in the California
Building Standards Code and other regulations are developed by the
State Architect and adopted by the California Building
Standards Commission Department of General Services
pursuant to Section 4450, buildings, structures, sidewalks,
curbs, and related facilities subject to the provisions of this
chapter or Part 5.5 (commencing with Section 19955) of Division 13 of
the Health and Safety Code shall meet or exceed the requirements of
Title III of Subpart D of the federal Americans with Disabilities Act
of 1990.
(e) This chapter shall apply to temporary or emergency
construction as well as permanent buildings.
(f) Administrative authorities, as designated under Section 4453,
may grant exceptions from the literal requirements of the building
standards published in the California Building Standards Code
relating to access for persons with disabilities, or the other
regulations adopted pursuant to this section, or permit the use of
other methods or materials, but only when it is clearly evident that
equivalent facilitation and protection that meets or exceeds the
requirements under federal law are thereby secured.
(g) The Department of General Services shall develop, as
appropriate, regulations to ensure that braille, tactile, or visual
signage for elevators, rooms, spaces, functions, and directional
information is installed as required by Section 4450 and shall
develop and implement an effective training program to ensure
compliance with all disability access requirements.
SEC. 810. Section 4459 of the
Government Code is amended to read:
4459. (a) The State Architect shall develop amendments for
building regulations and submit them to the California
Building Standards Commission Department of General
Services for adoption to ensure that no accessibility
requirements of the California Building Standards Code shall be
enhanced or diminished except as necessary for (1) retaining existing
state regulations that provide greater accessibility and features,
or (2) meeting federal minimum accessibility standards of the federal
Americans with Disabilities Act of 1990 as adopted by the United
States Department of Justice, the Uniform Federal Accessibility
Standards, and the federal Architectural Barriers Act.
(b) The Department of General Services shall use fees deposited in
the Disability Access Account established in Section 4454 for the
purposes identified in this chapter. The department shall include the
cost of carrying out the responsibilities identified in this chapter
as part of the plan review costs in determining fees.
(c) Notwithstanding any other provision of law, the application
and scope of accessibility regulations in the California Building
Standards Code shall not be less than the application and scope of
accessibility requirements of the federal Americans with Disabilities
Act of 1990 as adopted by the United States Department of Justice,
the Uniform Federal Accessibility Standards, and the federal
Architectural Barriers Act.
SEC. 811. Section 4560 of the
Government Code is amended to read:
4560. (a) The Legislature finds and declares that there is a
substantial need to provide adequate child care facilities for state
employees.
(b) When the state constructs, acquires, or receives as a gift any
office building that can accommodate 700 or more state employees, or
when additions, alterations, or repairs are made to any existing
state-owned office building that can accommodate 700 or more state
employees, and the additions, alterations, or repairs both change and
affect the use of 25 percent of the net square feet area of the
building and include the addition to, alteration of, or repair of the
first floor, adequate space shall be designated within the building
to meet the child care needs of those employees, if a review of those
employees slated to occupy the new or renovated building shows
sufficient need for child care services for 30 or more children. The
review shall be conducted by the Department of General Services
and the Child Development Programs Advisory Committee
established pursuant to Section 8286 of the Education Code
.
(c) The Director of General Services may secure space in any
adequate facility for the same purposes if funds for the offsite
facilities are made available and the director determines that any of
the following conditions exist:
(1) All other physical requirements controlling the development of
the child care facilities within the office building cannot be
utilized.
(2) It is more cost-efficient cost
efficient for the state to provide for equivalent child care
facilities within a reasonable distance of the place of employment.
(3) Locating the child care center within a reasonable distance
offsite would provide an enhanced facility for the children or would
mitigate security concerns.
(d) Existing state office buildings, at the discretion of the
Director of General Services, may be retrofitted to accommodate a
child care facility. State funds required for the retrofitting shall
be subject to regular budgetary procedures and approvals.
(e) Space designed within a state-owned office building for the
child care facility shall comply with the prevailing local and state
safety building codes for child care facilities.
(f) The indoor area shall not exceed 2,100 square feet, nor be
less than that required to accommodate 30 children, excluding space
for restrooms, kitchen facilities, storage areas, and teacher
offices. Outdoor play area space shall correspond with the indoor
play area as described in Title 22 of the California Code of
Regulations.
(g) Utilization of the space shall be subject to terms and
conditions set forth by the Director of General Services. The terms
shall include payment of rent, proof of financial responsibility, and
maintenance of space. The space shall be made available to employees
who wish to establish child care facilities at a rate to be
established by the Director of General Services based upon the actual
cost to the state, the average cost of state-owned space in the
area, or the statewide average cost of state-owned space, whichever
is less. If, however, the director determines that a lower rent must
be charged to ensure the viability of a child care facility, the
director may charge a lower rate.
(h) (1) The department or departments occupying the building shall
notify the employee-occupants in writing of the availability of
space to be used for a child care facility no earlier than 180 days
prior to the projected date of occupancy of a new building or space
provided as the result of additions, alterations, or repairs to an
existing state-owned building, and the additions, alterations, or
repairs that both change and affect the use of 25 percent of the net
square feet area of the building and include the addition to,
alteration of, or repair of the first floor. If, within 30 days after
full occupancy of a new office building or 30 days after the
completion of additions, alterations, or repairs to an existing
state-owned office building, the employee-occupants so desiring have
not filed an application with the Secretary of State as a nonprofit
corporation for the purpose of organizing a child care center,
deposited two months' rent in a commercial or savings account, and
entered into a contract with the Department of General Services, the
space may be used for any other purpose, as long as no permanent
alteration of the space occurs. Other purposes may include, but are
not limited to, conference rooms, storage areas, or offices. The
space for child care shall be held for the employee-occupants'
nonprofit corporation only as long as they pay the monthly rent and
meet the terms set forth in the contract. Payment of rent shall
commence 30 days after full occupancy of a new office building or 30
days after completion of additions, alterations, or repairs, as
specified in this section.
(2) If, at a later date, the employee-occupants so desiring (A)
file an application with the Secretary of State as a nonprofit
corporation for the purpose of organizing a child care facility, (B)
deposit two months' rent in a commercial or savings account, and (C)
notify the Director of General Services of those actions, then the
space shall be reconverted for child care purposes within 180 days of
the notice.
(i) Children from families in which at least one parent or
guardian is a state employee shall be given priority admission over
other children to the child care facility.
(j) When a child care center within a state-owned office building
has been operative for five years, the Director of General Services
shall assess the child care needs of the state employees using the
center and the office space needs of the building within which the
center is located. If the assessment demonstrates a greater need for
office space than for child care, the Director of General Services
may close the child care center. Ninety days' written notice of the
closure shall be given to the director or head teacher of the center.
(k) This section does not apply to buildings that provide care or
24-hour residential care for patients, inmates, or wards of the
state, such as state hospitals and correctional facilities.
SEC. 812. Section 6276.48 of the
Government Code is amended to read:
6276.48. Wards and dependent children, release of description
information about minor escapees, Section 828, Welfare and
Institutions Code.
Wards, petition for sealing records, Section 781, Welfare and
Institutions Code.
Welfare, statewide automated system work plan, confidentiality of
data on individuals, Section 10818, Welfare and Institutions Code.
Wills, confidentiality of, Section 6389, Probate Code.
Winegrowers of California commission, confidentiality of producers'
or vintners' proprietary information, Sections 74655 and 74955, Food
and Agricultural Code.
Worker's Compensation
Employment and Benefits Appeals Board, injury or
illness report, confidentiality of, Section 6412, Labor Code.
Workers' compensation insurance, dividend payment to policyholder,
confidentiality of information, Section 11739, Insurance Code.
Workers' compensation insurance fraud reporting, confidentiality
of information, Sections 1877.3 and 1877.4, Insurance Code.
Workers' compensation insurer or rating organization,
confidentiality of notice of noncompliance, Section 11754, Insurance
Code.
Workers' compensation insurer, rating information, confidentiality
of, Section 11752.7, Insurance Code.
Workers' compensation, notice to correct noncompliance, Section
11754, Insurance Code.
Workers' compensation, release of information to other
governmental agencies, Section 11752.5, Insurance Code.
Workers' compensation, self-insured employers, confidentiality of
financial information, Section 3742, Labor Code.
Workplace inspection photographs, confidentiality of, Section
6314, Labor Code.
Youth Authority,
Juvenile Justice Division of the Department of Corrections
and Rehabilitation, parole revocation proceedings,
confidentiality of, Section 1767.6, Welfare and Institutions Code.
Youth Authority,
Juvenile Justice Division of the Department of Corrections
and Rehabilitation, release of information in possession of
Youth Authority for offenses under Sections 676, 1764.1, and 1764.2,
Welfare and Institutions Code.
Youth Authority,
Juvenile Justice Division of the Department of Corrections
and Rehabilitation, records, policies, and procedures, Section
1905, Welfare and Institutions Code.
Youth Authority,
Juvenile Justice Division of the Department of Corrections
and Rehabilitation, records, disclosure, Section 1764, Welfare
and Institutions Code.
Youth Authority
Juvenile Justice Division of the Department of Corrections
and Rehabilitation parolee, disclosure of personal information
in revocation proceedings, Section 1767.6, Welfare and Institutions
Code.
Youth service bureau, confidentiality of client records, Section
1905, Welfare and Institutions Code.
SEC. 813. Chapter 3.3 (commencing with Section
8255) of Division 1 of Title 2 of the Government Code
is repealed.
SEC. 814. Article 1 (commencing with Section 8260)
of Chapter 3.5 of Division 1 of Title 2 of the Government
Code is repealed.
SEC. 815. Section 8587.7 of the
Government Code is amended to read:
8587.7. (a) The Office of Emergency Services, in cooperation with
the State Department of Education , and
the Department of General Services, and the Seismic Safety
Commission, shall develop an educational pamphlet for use
by grades K-14 personnel to identify and mitigate the risks posed by
nonstructural earthquake hazards.
(b) The office shall print and distribute the pamphlet to the
governing board of each school district and community college
district in the state, along with a copy of the current edition of
the office's school emergency response publication. The office shall
also make the pamphlet or the current edition of the office's school
emergency response publication available to a private elementary or
secondary school upon request.
(c) The office, as soon as feasible, shall make the pamphlet and
the current edition of the office's school emergency response
publication available by electronic means, including, but not limited
to, the Internet.
SEC. 816. Section 8601 of the
Government Code is amended to read:
8601. (a) Using existing budgetary resources, the
Seismic Safety Commission Department of General S
ervices , in consultation with the Director of
Emergency Services, shall establish an urban search and rescue
emergency response advisory committee, which, in addition to the
commission representatives of the Department
of General Services , may include representatives of
organizations including, but not limited to, at the
commission chairperson's Director of General Services'
discretion, the California Fire Chiefs Association, the Fire
Districts Association of California, the California Professional
Firefighters, the California Department of Forestry Firefighters, the
California State Firefighters Association, Inc., the California
Police Chiefs' Association, the California Police Officers
Association, the California State Sheriffs' Association, and the
Peace Officer Research Association of California.
(b) The advisory committee shall prepare and submit to the
commission chairperson Director of General
Services , on or before September 1, 2003, a strategy, plan,
and recommendations for addressing the resource needs of emergency
response urban search and rescue units.
SEC. 817. Section 8670.24 of the
Government Code is amended to read:
8670.24. (a) The administrator shall evaluate all pilotage areas
in the state. This evaluation shall include all of the following:
(1) The effectiveness of the state licensing program.
(2) The policies and procedures for investigating pilot incidents
by either the Coast Guard or the State Board of Pilot
Commissioners for the Bays of San Francisco, San Pablo, and Suisun
Department of Consumer Affairs .
(3) The feasibility and desirability of applying a surcharge in
addition to other fees for pilotage for the purposes of providing
expanded pilot training.
(b) The administrator will contact the various pilotage groups,
the Coast Guard, and the maritime industry as part of his or her
evaluation process.
SEC. 818. Section 8690.45 of the
Government Code is amended to read:
8690.45. The Controller shall establish the following special
account in the Disaster Assistance Fund.
The Earthquake Emergency Investigations Account, into which shall
be paid all moneys appropriated by the Legislature to the
Seismic Safety Commission Department of General
Services for allocation for the purpose of enabling immediate
investigation of damaging earthquakes. Allocations may be made by the
commission Department of General Services
to assist organizations that have incurred expenses in the
course of conducting earthquake investigations. Allocations may be
made to cover the following expenses:
(a) Travel, meals, and lodging.
(b) Publishing of findings.
(c) Contractor assistance in the investigation.
(d) Other expenses that the commission may allow as necessary to
assist the investigation.
The unpredictable nature of earthquakes necessitates immediate
access to funds for investigative purposes. For this reason,
notwithstanding any other provision of law, funds in the Earthquake
Emergency Investigations Account shall be available for expenditure
without regard to fiscal years.
SEC. 819. The heading of Chapter 12 (commencing
with Section 8870) of Division 1 of Title 2 of the
Government Code is amended to read:
CHAPTER 12. COMMISSION SEISMIC SAFETY
ACT
SEC. 820. Section 8870 of the
Government Code is amended to read:
8870. The Legislature finds and declares as follows:
First, many different agencies at various levels of government
have substantial responsibilities in the fields of earthquake
preparedness and seismic safety.
Second, there is a pressing need to provide a consistent policy
framework and a means for coordinating on a continuing basis the
earthquake-related programs of agencies at all governmental levels
and their relationships with elements of the private sector involved
in practices important to seismic safety. This need is not being
addressed by any continuing state government organization.
Third, through concerted efforts of broad scope, coordinated by
a seismic safety commission the Department of
General Services , long-term progress should be made toward
higher levels of seismic safety.
Fourth, to provide and maintain effective policy guidance and
leadership on seismic safety issues, and to fulfill its duties under
this chapter, it is imperative that the State Seismic Safety
Commission Department of General Services carry
out its mission as an independent state agency, with direct access
and accountability to the Governor and the Legislature.
Fifth, it is not the purpose of this chapter to transfer to the
commission Department of General Services
the authorities and responsibilities now vested by law in
other state and local agencies.
SEC. 821. Section 8870.1 of the
Government Code is amended to read:
8870.1. (a) (1) There is created in the state government the
Alfred E. Alquist Seismic Safety Commission as an independent unit
within the State and Consumer Services Agency.
(2)
8870.1. (a) Any reference in statute or
regulation to the Seismic "Seismic
Safety Commission Commission" in any law or
regulation and any reference to "commission" in the chapter
shall be deemed to refer to the Alfred E.
Alquist Seismic Safety Commission Department of
General Services .
(b) The commission Department of General
Services shall report annually to the Governor and to the
Legislature on its findings, progress, and recommendations relating
to earthquake hazard reduction, and any other seismic safety issues,
as requested by the Governor or the Legislature.
SEC. 822. Section 8870.2 of the
Government Code is repealed.
8870.2. (a) The Alfred E. Alquist Seismic Safety Commission shall
consist of 15 members appointed by the Governor and confirmed by the
Senate, one member representing the Governor's Office of Emergency
Services, one member representing the Division of the State Architect
in the Department of General Services, one member representing the
California State Building Standards Commission, one member appointed
by the Senate Rules Committee, and one member appointed by the
Speaker of the Assembly. The commission shall elect annually from its
membership its own chairperson and vice chairperson and may replace
them with other commissioners by majority vote. Commission members
shall be residents of California.
(b) A quorum shall consist of 11 members if there are no
vacancies, or else a majority of the members of the commission at the
time.
(c) The Legislature declares that the individuals appointed to the
commission are intended to represent the professions of
architecture, planning, fire protection, public utilities, structural
engineering, geotechnical engineering, geology, seismology, local
government, insurance, social services, emergency services, and the
Legislature and that such representation serves the public interest.
Accordingly, the Legislature finds that for purposes of persons who
hold this office the specified professions are tantamount to and
constitute the public generally within the meaning of Section 87103.
(d) The commission exists as a separate unit within the State and
Consumer Services Agency, and has the functions of prescribing
policy, holding meetings and setting dates of the meetings,
conducting investigations, and holding hearings insofar as those
powers are given by statute to the commission.
(e) The decisions and actions of the commission, with respect to
exercising its authority and carrying out its duties under this
chapter, or any other applicable law, are not subject to review by
the Secretary of the State and Consumer Services Agency, but are
final within the limits provided by this chapter.
(f) The Legislature further declares that the highest level of
service that the individuals appointed to the commission can provide
to the residents of California is to offer professional, unbiased,
scientifically based advice to the Governor and the Legislature. To
maintain this quality of service, it is imperative that the
commission retain its functional autonomy and access to the Governor
and the Legislature. As such, the commission shall retain its
existing authority to issue reports, publications, and literature, as
well as to sponsor legislation, and to take official positions on
proposed state and federal legislation.
SEC. 823. Section 8870.3 of the
Government Code is repealed.
8870.3. (a) The membership of the Alfred E. Alquist Seismic
Safety Commission shall be appointed by the Governor and confirmed by
the Senate from lists of nominees submitted by organizations as
listed below:
(1) Four members appointed from established organizations in the
fields of architecture and planning, fire protection, public
utilities, electrical engineering, and mechanical engineering.
(2) Four members appointed from established organizations in the
fields of structural engineering, geotechnical engineering, geology,
and seismology.
(3) Four members submitted by the League of California Cities and
the California State Association of Counties.
(4) Three members appointed from established organizations in the
fields of insurance, social services, and emergency services. One of
these members shall be a building official.
(b) One member shall be appointed from the Senate by the Senate
Rules Committee, and one member shall be appointed from the Assembly
by the Speaker of the Assembly. Each of the members appointed
pursuant to this subdivision may designate an alternate who shall be
counted toward a quorum, who may vote, and who may receive the
expenses specified in Section 8870.4.
SEC. 824. Section 8870.35 of the
Government Code is repealed.
8870.35. The term of office for each member of the Seismic Safety
Commission shall be four years and each shall hold office until the
appointment and qualification of his or her successor. However, of
the initial commissioners, the Governor shall appoint seven members
whose terms will expire two
years after appointment and seven members plus the chairperson
whose terms shall expire four years after appointment. All initial
appointments shall be made by July 1, 1975. Any vacancies shall be
immediately filled by the appointing power for the unexpired portion
of the term in which they occur.
SEC. 825. Section 8870.4 of the
Government Code is repealed.
8870.4. (a) Except as provided in subdivision (d), the members of
the Alfred E. Alquist Seismic Safety Commission shall serve without
compensation but shall be paid per diem expenses of one hundred
dollars ($100) for each day's attendance at a meeting of the
commission, plus actual necessary travel expenses as determined by
Department of Personnel Administration rules.
(b) The members of the commission who represent the Governor's
Office of Emergency Services, the California Building Standards
Commission, and the Division of the State Architect shall be
employees in good standing of those respective entities. Any per diem
and travel expense of those members of the commission shall be paid
by the agencies that they represent on the commission, in compliance
with applicable conditions or regulations set by the Department of
Personnel Administration.
SEC. 826. Section 8870.5 of the
Government Code is amended to read:
8870.5. The commission Department of
General Services, as the successor entity to the commission ,
in the discharge of its responsibilities under this chapter
, may do any of the following:
(a) Accept grants, contributions, and appropriations from public
agencies, private foundations, or individuals.
(b) Appoint committees from its membership,
and appoint advisory committees from interested public and
private groups, and appoint ex officio members who shall
not be entitled to vote, to advise the commission
department .
(c) Contract for or employ, with the approval of the Director of
Finance, any professional services and research required by the
commission department or required for
the performance of necessary work and services which, in the
commission's department's opinion, cannot
satisfactorily be performed by its officers and employees or by other
federal, state, or local governmental agencies.
(d) Enter into agreements to act cooperatively with private
nonprofit scientific, educational, or professional associations or
foundations engaged in promoting seismic safety in California. These
associations or foundations may furnish materials for sale, and the
commission department may provide
personnel services and office space therefor. Subject to rules and
regulations adopted by the commission
department , all moneys received from the sale of publications
or other materials provided by an association or foundation shall be
returned to the association or foundation for use in furthering
seismic safety programs.
(e) Do any and all other things necessary to carry out the
purposes of this chapter.
SEC. 827. Section 8870.55 of the
Government Code is amended to read:
8870.55. The commission Department of
General Services shall initiate, with the assistance and
participation of other state, federal, and local government agencies,
a comprehensive program to prepare the state for responding to a
major earthquake prediction. The program should be implemented in
order to result in specific tools or products to be used by
governments in responding to an earthquake prediction, such as
educational materials for citizens. This program may be implemented
on a prototypical basis in one area of the state affected by
earthquake predictions, provided that it is useful for application in
other areas of the state upon its completion.
SEC. 828. Section 8870.6 of the
Government Code is amended to read:
8870.6. The commission Director of
General Services shall appoint an executive director
a subordinate officer who shall be responsible
for managing the affairs of the commission
Department of General Services under this chapter , subject to
the direction and policies of the commission
Director of General Services .
The executive director Director of General
Services shall appoint such employees
as that may be necessary to carry out
the functions of the commission Department of
General Services under this chapter .
SEC. 829. Section 8870.7 of the
Government Code is amended to read:
8870.7. The commission Department of
General Services is responsible for all of the following in
connection with earthquake hazard mitigation:
(a) Setting goals and priorities in the public and private
sectors.
(b) Requesting appropriate state agencies to devise criteria to
promote earthquake and disaster safety.
(c) Scheduling a report on disaster mitigation issues from the
Office of Emergency Services, on the commission agenda as required.
For the purposes of this subdivision, the term disaster refers to all
natural hazards which could have impact on public safety.
(d)
(c) Recommending program changes to state
agencies, local agencies, and the private sector where such changes
would improve earthquake hazards and reduction.
(e)
(d) Reviewing the recovery and
reconstruction efforts after damaging earthquakes.
(f)
(e) Gathering, analyzing, and disseminating
information.
(g)
(f) Encouraging research.
(h)
(g) Sponsoring training to help improve the
competence of specialized enforcement and other technical personnel.
(i)
(h) Helping to coordinate the earthquake
safety activities of government at all levels.
(j)
(i) Establishing and maintaining necessary
working relationships with any boards, commissions, departments, and
agencies, or other public or private organizations.
SEC. 830. Section 8870.71 of the
Government Code is amended to read:
8870.71. To implement the foregoing responsibilities, the
commission Department of General Services
may do any of the following:
(a) Review state budgets and review grant proposals, other than
those grant proposals submitted by institutions of postsecondary
education to the federal government, for earthquake related
activities and to advise the Governor and Legislature thereon.
(b) Review legislative proposals related to earthquake safety to
advise the Governor and Legislature concerning the proposals and to
propose needed legislation.
(c) Recommend the addition, deletion, or changing of state agency
standards when, in the commission's
department's view, the existing situation creates undue hazards
or when new developments would promote earthquake hazard mitigation,
and conduct public hearings as deemed necessary on the subjects.
(d) In the conduct of any hearing, investigation, inquiry, or
study that is ordered or undertaken in any part of the state,
administer oaths and issue subpoenas for the attendance of witnesses
and the production of papers, records, reports, books, maps,
accounts, documents, and testimony.
(e) In addition, the commission department
may perform any of the functions contained in subdivisions (a)
to (d), inclusive, in relation to disasters, as defined in
subdivision (c) of Section 8870.7, in connection with issues or items
reported or discussed with the Office of Emergency Services at any
commission meeting.
SEC. 831. Section 8870.95 of the
Government Code is amended to read:
8870.95. The Hospital Building Safety Board established in
Section 129925 of the Health and Safety Code shall report annually to
the Alfred E. Alquist Seismic Safety Commission
Department of General Services .
SEC. 832. Section 8878.52 of the
Government Code is amended to read:
8878.52. As used in this chapter, the following terms have the
following meanings:
(a) "Committee" means the Earthquake Safety and Public Buildings
Rehabilitation Finance Committee created pursuant to subdivision (a)
of Section 8878.111.
(b) "Commission" means the Seismic Safety Commission
Any reference to the Seismic Safety Commission or
"commission" shall refer to the Department of General Services
.
(c) "Fund" means the Earthquake Safety and Public Buildings
Rehabilitation Fund of 1990 created pursuant to Section 8878.55.
(d) "Local government" means any city, county, city and county, or
special district.
(e) "Office" means the Office of Emergency Services.
(f) "Project" means a program of work to retrofit, reconstruct,
repair, replace, or relocate, for local government-owned facilities
only, a building, facility, or both, which is owned by any city,
county, city and county, or special district and which is included in
an application for a grant of funds.
(g) "State Architect" means the Office of the State Architect.
(h) "State building or facility" means any building or structure
owned by a state agency, which is identified pursuant to Section
8878.60, except for vehicular bridges, roadways, highways, or any
facilities or buildings owned by the University of California or the
California State University.
(i) "Local government building or facility" means an existing
essential services building, as defined in Section 16007 of the
Health and Safety Code, or an emergency or public safety local
building as identified in Section 8878.99, which is owned by a city,
county, city and county, or special district.
(j) State or local government buildings shall not include those
owned by private for profit or private nonprofit corporations, or
those owned by any combination, consortium, or joint powers agreement
that includes a private nonprofit corporation.
(k) "Retrofit" means to either strengthen the structure of a
building or facility, or to provide the means necessary to reduce the
seismic force level experienced by a building or facility during an
earthquake, so as to significantly reduce hazards to life safety
while concomitantly providing for the substantially safe egress of
occupants during and immediately after such an earthquake.
SEC. 833. Section 8894 of the
Government Code is amended to read:
8894. (a) The State Architect, in consultation with the
State Building Standards Commission Department of
General Services , the California Council of the American
Institute of Architects, the California Building Officials, the
International Conference of Building Officials, the Structural
Engineers Association of California, the Seismic Safety
Commission, the Department of Housing and Community
Development, the Concrete Masonary Masonry
Association of California and Nevada, the Community
Associations Institute, the Consulting Engineers and Land Surveyors
of California, the California Building Owners and Managers
Association, the California Hotel and Motel Association, the
California Housing Council, Inc., the California Apartment
Association, the California Chamber of Commerce, the Business
Properties Association, the California Association of Realtors, the
California Supervisors Association, the Executive Council of
Homeowners, and the League of California Cities shall develop seismic
retrofit guidelines and standards for buildings enclosing more than
20,000 square feet of floor area with concrete or reinforced masonry
column or wall construction by January 1, 1996.
(b) The State Architect shall publish a commentary explaining the
seismic retrofit guidelines and standards and their use by January 1,
1996. The seismic retrofit standards shall be submitted to the
State Building Standards Commission Department
of General Services , and shall be made available to other
interested parties.
(c) On or before July 1, 1997, the State Building
Standards Commission Department of General Services
shall adopt, approve, codify, and publish by reference in the
California Building Standards Code, the seismic retrofit standards
developed pursuant to this chapter.
(d) On or before August 1, 1997, the State Building
Standards Commission Department of General Services
shall submit the seismic retrofit standards to the
International Conference of Building Officials for consideration and
adoption into model codes, as defined in Section 18916 of the Health
and Safety Code.
SEC. 834. Section 8920 of the Government
Code is amended to read:
8920. (a) No Member of the Legislature, state elective or
appointive officer, or judge or justice shall, while serving as such,
have any interest, financial or otherwise, direct or indirect, or
engage in any business or transaction or professional activity, or
incur any obligation of any nature, which is in substantial conflict
with the proper discharge of his duties in the public interest and of
his responsibilities as prescribed in the laws of this state.
(b) No Member of the Legislature shall do any of the following:
(1) Accept other employment which he or she has reason
to believe will either impair his or her independence of
judgment as to his or her official duties or require him
or her , or induce him or her , to disclose
confidential information acquired by him or her in the
course of and by reason of his or her official duties.
(2) Willfully and knowingly disclose, for pecuniary gain, to any
other person, confidential information acquired by him or her
in the course of and by reason of his or her
official duties or use any such information for the purpose of
pecuniary gain.
(3) Accept or agree to accept, or be in partnership with any
person who accepts or agrees to accept, any employment, fee, or other
thing of monetary value, or portion thereof, in consideration of his
or her appearing, agreeing to appear, or taking any other
action on behalf of another person before any state board or agency.
This subdivision shall not be construed to prohibit a member who
is an attorney at law from practicing in that capacity before any
court or before the Workers' Compensation
Employment and Benefits Appeals Board and receiving
compensation therefor. This subdivision shall not act to prohibit a
member from acting as an advocate without compensation or making
inquiry for information on behalf of a constituent before a state
board or agency, or from engaging in activities on behalf of another
which require purely ministerial acts by the board or agency and
which in no way require the board or agency to exercise any
discretion, or from engaging in activities involving a board or
agency which are strictly on his or her own behalf. The prohibition
contained in this subdivision shall not apply to a partnership or
firm of which the Member of the Legislature is a member if the Member
of the Legislature does not share directly or indirectly in the fee,
less any expenses attributable to that fee, resulting from the
transaction. The prohibition contained in this subdivision as it read
immediately prior to January 1, 1983, shall not apply in connection
with any matter pending before any state board or agency on or before
January 2, 1967, if the affected Member of the Legislature was an
attorney of record or representative in the matter prior to January
2, 1967. The prohibition contained in this subdivision, as amended
and operative on January 1, 1983, shall not apply to any activity of
any Member member in connection with a
matter pending before any state board or agency on January 1, 1983,
which was not prohibited by this section prior to that date, if the
affected Member of the Legislature was an attorney of record or
representative in the matter prior to January 1, 1983.
(4) Receive or agree to receive, directly or indirectly, any
compensation, reward, or gift from any source except the State of
California for any service, advice, assistance or other matter
related to the legislative process, except fees for speeches or
published works on legislative subjects and except, in connection
therewith, reimbursement of expenses for actual expenditures for
travel and reasonable subsistence for which no payment or
reimbursement is made by the State of California.
(5) Participate, by voting or any other action, on the floor of
either house, in committee, or elsewhere, in the passage or defeat of
legislation in which he has a personal interest, except as follows:
(i)
(A) If, on the vote for final passage by the house of
which he or she is a member, of the legislation in which
he or she has a personal interest, he or she
first files a statement (which shall be entered verbatim on the
journal) stating in substance that he or she has a
personal interest in the legislation to be voted on and,
notwithstanding that interest, he or she is able to cast a
fair and objective vote on that legislation, he or she
may cast his or her vote without violating any provision
of this article.
(ii)
(B) If the member believes that, because of his or
her personal interest, he or she should abstain
from participating in the vote on the legislation, he or she
shall so advise the presiding officer prior to the commencement
of the vote and shall be excused from voting on the legislation
without any entry on the journal of the fact of his or her
personal interest. In the event a rule of the house requiring that
each member who is present vote aye or nay is invoked, the presiding
officer shall order the member excused from compliance and shall
order entered on the journal a simple statement that the member was
excused from voting on the legislation pursuant to law.
The provisions of this section do not apply to persons who are
members of the state civil service as defined in Article VII of the
California Constitution.
SEC. 835. Section 11012 of the
Government Code is amended to read:
11012. Whenever any state agency, including, but not limited to,
state agencies acting in a fiduciary capacity, is authorized to
invest funds, or to sell or exchange securities, prior approval of
the Department of Finance to the investment, sale, or exchange shall
be secured.
Every state agency shall furnish the Department of Finance with
the reports and in the form, relating to the funds or securities,
their acquisition, sale, or exchange, as may be requested by the
Department of Finance from time to time.
This section does not apply to the following state agencies:
(a) Any state agency if issuing or dealing in securities
authorized to be issued by it.
(b) The State Treasurer.
(c) The Regents of the University of California.
(d) Employment Development Department.
(e) Department of Veterans Affairs.
(f) Hastings College of Law.
(g) Board of Administration of the Public Employees' Retirement
System.
(h) State Compensation Insurance Fund.
(i) California Transportation Commission and Department of
Transportation if acting in accordance with bond resolutions adopted
under the California Toll Bridge Authority Act (Chapter 1 (commencing
with Section 30000) of Division 17 of the Streets and Highways Code)
prior to September 15, 1945.
(j) Teachers' Retirement Board of the State Teachers' Retirement
System.
(k) State Athletic Commission and Consumer
Services Agency if acting pursuant to Section 18882 of the
Business and Professions Code with respect to the Boxers' Pension
Fund.
SEC. 836. Section 11033.5 of the
Government Code is repealed.
11033.5. Sections 11032 and 11033 shall not apply to any member
of the Commission on Uniform State Laws.
SEC. 837. Section 11041 of the
Government Code is amended to read:
11041. (a) Sections 11042 and 11043 do not apply to the Regents
of the University of California, the Trustees of the California State
University, Legal Division of the Department of Transportation,
Division of Labor Standards Enforcement of the Department of
Industrial Relations, Workers' Compensation
Employment and Benefits Appeals Board, Public Utilities
Commission, State Compensation Insurance Fund, Legislative Counsel
Bureau, Inheritance Tax Department, Secretary of State, State Lands
Commission, Alcoholic Beverage Control Appeals Board (except when the
board affirms the decision of the Department of Alcoholic Beverage
Control), State Department of Education, and Treasurer with respect
to bonds, nor to any other state agency which, by law enacted after
Chapter 213 of the Statutes of 1933, is authorized to employ legal
counsel.
(b) The Trustees of the California State University shall pay the
cost of employing legal counsel from their existing resources.
SEC. 838. Section 11121.1 of the
Government Code is amended to read:
11121.1. As used in this article, "state body" does not include
any of the following:
(a) State agencies provided for in Article VI of the California
Constitution.
(b) Districts or other local agencies whose meetings are required
to be open to the public pursuant to the Ralph M. Brown Act (Chapter
9 (commencing with Section 54950) of Part 1 of Division 2 of Title
5).
(c) State agencies provided for in Article IV of the California
Constitution whose meetings are required to be open to the public
pursuant to the Grunsky-Burton Open Meeting Act (Article 2.2
(commencing with Section 9027) of Chapter 1.5 of Part 1 of Division 2
of Title 2).
(d) State agencies when they are conducting proceedings pursuant
to Section 3596.
(e) State agencies provided for in Section 109260 of the Health
and Safety Code, except as provided in Section 109390 of the Health
and Safety Code.
(f) State agencies provided for in Section 11770.5 of the
Insurance Code.
(g) The Credit Union Advisory Committee established pursuant to
Section 14380 of the Financial Code.
SEC. 839. Section 11126 of the
Government Code is amende d to read:
11126. (a) (1) Nothing in this article shall be construed to
prevent a state body from holding closed sessions during a regular or
special meeting to consider the appointment, employment, evaluation
of performance, or dismissal of a public employee or to hear
complaints or charges brought against that employee by another person
or employee unless the employee requests a public hearing.
(2) As a condition to holding a closed session on the complaints
or charges to consider disciplinary action or to consider dismissal,
the employee shall be given written notice of his or her right to
have a public hearing, rather than a closed session, and that notice
shall be delivered to the employee personally or by mail at least 24
hours before the time for holding a regular or special meeting. If
notice is not given, any disciplinary or other action taken against
any employee at the closed session shall be null and void.
(3) The state body also may exclude from any public or closed
session, during the examination of a witness, any or all other
witnesses in the matter being investigated by the state body.
(4) Following the public hearing or closed session, the body may
deliberate on the decision to be reached in a closed session.
(b) For the purposes of this section, "employee" does not include
any person who is elected to, or appointed to a public office by, any
state body. However, officers of the California State University who
receive compensation for their services, other than per diem and
ordinary and necessary expenses, shall, when engaged in that
capacity, be considered employees. Furthermore, for purposes of this
section, the term employee includes a person exempt from civil
service pursuant to subdivision (e) of Section 4 of Article VII of
the California Constitution.
(c) Nothing in this article shall be construed to do any of the
following:
(1) Prevent state bodies that administer the licensing of persons
engaging in businesses or professions from holding closed sessions to
prepare, approve, grade, or administer examinations.
(2) Prevent an advisory body of a state body that administers the
licensing of persons engaged in businesses or professions from
conducting a closed session to discuss matters that the advisory body
has found would constitute an unwarranted invasion of the privacy of
an individual licensee or applicant if discussed in an open meeting,
provided the advisory body does not include a quorum of the members
of the state body it advises. Those matters may include review of an
applicant's qualifications for licensure and an inquiry specifically
related to the state body's enforcement program concerning an
individual licensee or applicant where the inquiry occurs prior to
the filing of a civil, criminal, or administrative disciplinary
action against the licensee or applicant by the state body.
(3) Prohibit a state body from holding a closed session to
deliberate on a decision to be reached in a proceeding required to be
conducted pursuant to Chapter 5 (commencing with Section 11500) or
similar provisions of law.
(4) Grant a right to enter any correctional institution or the
grounds of a correctional institution where that right is not
otherwise granted by law, nor shall anything in this article be
construed to prevent a state body from holding a closed session when
considering and acting upon the determination of a term, parole, or
release of any individual or other disposition of an individual case,
or if public disclosure of the subjects under discussion or
consideration is expressly prohibited by statute.
(5) Prevent any closed session to consider the conferring of
honorary degrees, or gifts, donations, and bequests that the donor or
proposed donor has requested in writing to be kept confidential.
(6) Prevent the Alcoholic Beverage Control Appeals Board from
holding a closed session for the purpose of holding a deliberative
conference as provided in Section 11125.
(7) (A) Prevent a state body from holding closed sessions with its
negotiator prior to the purchase, sale, exchange, or lease of real
property by or for the state body to give instructions to its
negotiator regarding the price and terms of payment for the purchase,
sale, exchange, or lease.
(B) However,
prior to the closed session, the state body shall hold an open and
public session in which it identifies the real property or real
properties that the negotiations may concern and the person or
persons with whom its negotiator may negotiate.
(C) For purposes of this paragraph, the negotiator may be a member
of the state body.
(D) For purposes of this paragraph, "lease" includes renewal or
renegotiation of a lease.
(E) Nothing in this paragraph shall preclude a state body from
holding a closed session for discussions regarding eminent domain
proceedings pursuant to subdivision (e).
(8) Prevent the California Postsecondary Education Commission from
holding closed sessions to consider matters pertaining to the
appointment or termination of the Director of the California
Postsecondary Education Commission.
(9) Prevent the Council for Private Postsecondary and Vocational
Education from holding closed sessions to consider matters pertaining
to the appointment or termination of the Executive Director of the
Council for Private Postsecondary and Vocational Education.
(10)
(8) Prevent the Franchise Tax Board from holding closed
sessions for the purpose of discussion of confidential tax returns
or information the public disclosure of which is prohibited by law,
or from considering matters pertaining to the appointment or removal
of the Executive Officer of the Franchise Tax Board.
(11)
(9) Require the Franchise Tax Board to notice or
disclose any confidential tax information considered in closed
sessions, or documents executed in connection therewith, the public
disclosure of which is prohibited pursuant to Article 2 (commencing
with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the
Revenue and Taxation Code.
(12)
(10) Prevent the Board of Corrections and
Rehabilitation from holding closed sessions when considering
reports of crime conditions under Section 6027 of the Penal Code.
(13)
(11) Prevent the State Air Resources Board from holding
closed sessions when considering the proprietary specifications and
performance data of manufacturers.
(14)
(12) Prevent the State Board of Education or the
Superintendent of Public Instruction, or any committee advising the
board or the superintendent, from holding closed sessions on those
portions of its review of assessment instruments pursuant to Chapter
5 (commencing with Section 60600) of, or pursuant to Chapter 9
(commencing with Section 60850) of, Part 33 of Division 4 of Title 2
of the Education Code during which actual test content is reviewed
and discussed. The purpose of this provision is to maintain the
confidentiality of the assessments under review.
(15)
(13) Prevent the California Environmental
Protection Agency, as successor to the California Integrated
Waste Management Board or its auxiliary committees , from
holding closed sessions for the purpose of discussing confidential
tax returns, discussing trade secrets or confidential or proprietary
information in its possession, or discussing other data, the public
disclosure of which is prohibited by law.
(16)
(14) Prevent a state body that invests retirement,
pension, or endowment funds from holding closed sessions when
considering investment decisions. For purposes of consideration of
shareholder voting on corporate stocks held by the state body, closed
sessions for the purposes of voting may be held only with respect to
election of corporate directors, election of independent auditors,
and other financial issues that could have a material effect on the
net income of the corporation. For the purpose of real property
investment decisions that may be considered in a closed session
pursuant to this paragraph, a state body shall also be exempt from
the provisions of paragraph (7) relating to the identification of
real properties prior to the closed session.
(17)
(15) Prevent a state body, or boards, commissions,
administrative officers, or other representatives that may properly
be designated by law or by a state body, from holding closed sessions
with its representatives in discharging its responsibilities under
Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing
with Section 3512), Chapter 10.5 (commencing with Section 3525), or
Chapter 10.7 (commencing of Section 3540) of Division 4 of Title 1 as
the sessions relate to salaries, salary schedules, or compensation
paid in the form of fringe benefits. For the purposes enumerated in
the preceding sentence, a state body may also meet with a state
conciliator who has intervened in the proceedings.
(18)
(16) (A) Prevent a state body from holding closed
sessions to consider matters posing a threat or potential threat of
criminal or terrorist activity against the personnel, property,
buildings, facilities, or equipment, including electronic data,
owned, leased, or controlled by the state body, where disclosure of
these considerations could compromise or impede the safety or
security of the personnel, property, buildings, facilities, or
equipment, including electronic data, owned, leased, or controlled by
the state body.
(B) Notwithstanding any other provision of law, a state body, at
any regular or special meeting, may meet in a closed session pursuant
to subparagraph (A) upon a two-thirds vote of the members present at
the meeting.
(C) After meeting in closed session pursuant to subparagraph (A),
the state body shall reconvene in open session prior to adjournment
and report that a closed session was held pursuant to subparagraph
(A), the general nature of the matters considered, and whether any
action was taken in closed session.
(D) After meeting in closed session pursuant to subparagraph (A),
the state body shall submit to the Legislative Analyst written
notification stating that it held this closed session, the general
reason or reasons for the closed session, the general nature of the
matters considered, and whether any action was taken in closed
session. The Legislative Analyst shall retain for no less than four
years any written notification received from a state body pursuant to
this subparagraph.
(d) (1) Notwithstanding any other provision of law, any meeting of
the Public Utilities Commission at which the rates of entities under
the commission's jurisdiction are changed shall be open and public.
(2) Nothing in this article shall be construed to prevent the
Public Utilities Commission from holding closed sessions to
deliberate on the institution of proceedings, or disciplinary actions
against any person or entity under the jurisdiction of the
commission.
(e) (1) Nothing in this article shall be construed to prevent a
state body, based on the advice of its legal counsel, from holding a
closed session to confer with, or receive advice from, its legal
counsel regarding pending litigation when discussion in open session
concerning those matters would prejudice the position of the state
body in the litigation.
(2) For purposes of this article, all expressions of the
lawyer-client privilege other than those provided in this subdivision
are hereby abrogated. This subdivision is the exclusive expression
of the lawyer-client privilege for purposes of conducting closed
session meetings pursuant to this article. For purposes of this
subdivision, litigation shall be considered pending when any of the
following circumstances exist:
(A) An adjudicatory proceeding before a court, an administrative
body exercising its adjudicatory authority, a hearing officer, or an
arbitrator, to which the state body is a party, has been initiated
formally.
(B) (i) A point has been reached where, in the opinion of the
state body on the advice of its legal counsel, based on existing
facts and circumstances, there is a significant exposure to
litigation against the state body.
(ii) Based on existing facts and circumstances, the state body is
meeting only to decide whether a closed session is authorized
pursuant to clause (i).
(C) (i) Based on existing facts and circumstances, the state body
has decided to initiate or is deciding whether to initiate
litigation.
(ii) The legal counsel of the state body shall prepare and submit
to it a memorandum stating the specific reasons and legal authority
for the closed session. If the closed session is pursuant to
paragraph (1), the memorandum shall include the title of the
litigation. If the closed session is pursuant to subparagraph (A) or
(B), the memorandum shall include the existing facts and
circumstances on which it is based. The legal counsel shall submit
the memorandum to the state body prior to the closed session, if
feasible, and in any case no later than one week after the closed
session. The memorandum shall be exempt from disclosure pursuant to
Section 6254.25.
(iii) For purposes of this subdivision, "litigation" includes any
adjudicatory proceeding, including eminent domain, before a court,
administrative body exercising its adjudicatory authority, hearing
officer, or arbitrator.
(iv) Disclosure of a memorandum required under this subdivision
shall not be deemed as a waiver of the lawyer-client privilege, as
provided for under Article 3 (commencing with Section 950) of Chapter
4 of Division 8 of the Evidence Code.
(f) In addition to subdivisions (a), (b), and (c), nothing in this
article shall be construed to do any of the following:
(1) Prevent a state body operating under a joint powers agreement
for insurance pooling from holding a closed session to discuss a
claim for the payment of tort liability or public liability losses
incurred by the state body or any member agency under the joint
powers agreement.
(2) Prevent the examining committee established by the
State Board Department of Forestry and Fire
Protection, pursuant to Section 763 of the Public Resources Code,
from conducting a closed session to consider disciplinary action
against an individual professional forester prior to the filing of an
accusation against the forester pursuant to Section 11503.
(3) Prevent an administrative committee established by the
California Board of Accountancy pursuant to Section 5020 of the
Business and Professions Code from conducting a closed session to
consider disciplinary action against an individual accountant prior
to the filing of an accusation against the accountant pursuant to
Section 11503. Nothing in this article shall be construed to prevent
an examining committee established by the California Board of
Accountancy pursuant to Section 5023 of the Business and Professions
Code from conducting a closed hearing to interview an individual
applicant or accountant regarding the applicant's qualifications.
(4) Prevent a state body, as defined in subdivision (b) of Section
11121, from conducting a closed session to consider any matter that
properly could be considered in closed session by the state body
whose authority it exercises.
(5) Prevent a state body, as defined in subdivision (d) of Section
11121, from conducting a closed session to consider any matter that
properly could be considered in a closed session by the body defined
as a state body pursuant to subdivision (a) or (b) of Section 11121.
(6) Prevent a state body, as defined in subdivision (c) of Section
11121, from conducting a closed session to consider any matter that
properly could be considered in a closed session by the state body it
advises.
(7) Prevent the State Board of Equalization from holding closed
sessions for either of the following:
(A) When considering matters pertaining to the appointment or
removal of the Executive Secretary of the State Board of
Equalization.
(B) For the purpose of hearing confidential taxpayer appeals or
data, the public disclosure of which is prohibited by law.
(8) Require the State Board of Equalization to disclose any action
taken in closed session or documents executed in connection with
that action, the public disclosure of which is prohibited by law
pursuant to Sections 15619 and 15641 of this code and Sections 833,
7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982,
46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.
(9) Prevent the California Earthquake Prediction Evaluation
Council, or other body appointed to advise the Director of the Office
of Emergency Services or the Governor concerning matters relating to
volcanic or earthquake predictions, from holding closed sessions
when considering the evaluation of possible predictions.
(g) This article does not prevent either of the following:
(1) The Teachers' Retirement Board or the Board of Administration
of the Public Employees' Retirement System from holding closed
sessions when considering matters pertaining to the recruitment,
appointment, employment, or removal of the chief executive officer or
when considering matters pertaining to the recruitment or removal of
the Chief Investment Officer of the State Teachers' Retirement
System or the Public Employees' Retirement System.
(2) The Commission on Teacher Credentialing from holding closed
sessions when considering matters relating to the recruitment,
appointment, or removal of its executive director.
(h) This article does not prevent the Board of Administration of
the Public Employees' Retirement System from holding closed sessions
when considering matters relating to the development of rates and
competitive strategy for plans offered pursuant to Chapter 15
(commencing with Section 21660) of Part 3 of Division 5 of Title 2.
(i) This article does not prevent the Managed Risk Medical
Insurance Board from holding closed sessions when considering matters
related to the development of rates and contracting strategy for
entities contracting or seeking to contract with the board pursuant
to Part 6.2 (commencing with Section 12693), Part 6.3 (commencing
with Section 12695), Part 6.4 (commencing with Section 12699.50), or
Part 6.5 (commencing with Section 12700) of Division 2 of the
Insurance Code.
SEC. 840. Section 11343 of the
Government Code is amended to read:
11343. Every state agency shall:
(a) Transmit to the office for filing with the Secretary of State
a certified copy of every regulation adopted or amended by it except
one that is a building standard.
(b) Transmit to the office for filing with the Secretary of State
a certified copy of every order of repeal of a regulation required to
be filed under subdivision (a).
(c) Deliver to the office, at the time of transmittal for filing a
regulation or order of repeal, six duplicate copies of the
regulation or order of repeal, together with a citation of the
authority pursuant to which it or any part thereof was adopted.
(d) Deliver to the office a copy of the notice of proposed action
required by Section 11346.4.
(e) Transmit to the California Building Standards
Commission Department of General Services for
approval a certified copy of every regulation, or order of repeal of
a regulation, that is a building standard, together with a citation
of authority pursuant to which it or any part thereof was adopted, a
copy of the notice of proposed action required by Section 11346.4,
and any other records prescribed by the State Building Standards Law
(Part 2.5 (commencing with Section 18901) of Division 13 of the
Health and Safety Code).
(f) Whenever a certification is required by this section, it shall
be made by the head of the state agency that is adopting, amending,
or repealing the regulation, or by a designee of the agency head, and
the certification and delegation shall be in writing.
SEC. 841. Section 11346.1 of the
Government Code is amended to read:
11346.1. (a) (1) The adoption, amendment, or repeal of an
emergency regulation is not subject to any provision of this article
or Article 6 (commencing with Section 11349), except this section and
Sections 11349.5 and 11349.6.
(2) At least five working days before submitting an emergency
regulation to the office, the adopting agency shall, except as
provided in paragraph (3), send a notice of the proposed emergency
action to every person who has filed a request for notice of
regulatory action with the agency. The notice shall include both of
the following:
(A) The specific language proposed to be adopted.
(B) The finding of emergency required by subdivision (b).
(3) An agency is not required to provide notice pursuant to
paragraph (2) if the emergency situation clearly poses such an
immediate, serious harm that delaying action to allow public comment
would be inconsistent with the public interest.
(b) (1) Except as provided in subdivision (c), if a state agency
makes a finding that the adoption of a regulation or order of repeal
is necessary to address an emergency, the regulation or order of
repeal may be adopted as an emergency regulation or order of repeal.
(2) Any finding of an emergency shall include a written statement
that contains the information required by paragraphs (2) to (6),
inclusive, of subdivision (a) of Section 11346.5 and a description of
the specific facts demonstrating the existence of an emergency and
the need for immediate action, and demonstrating, by substantial
evidence, the need for the proposed regulation to effectuate the
statute being implemented, interpreted, or made specific and to
address only the demonstrated emergency. The finding of emergency
shall also identify each technical, theoretical, and empirical study,
report, or similar document, if any, upon which the agency relies.
The enactment of an urgency statute shall not, in and of itself,
constitute a need for immediate action.
A finding of emergency based only upon expediency, convenience,
best interest, general public need, or speculation, shall not be
adequate to demonstrate the existence of an emergency. If the
situation identified in the finding of emergency existed and was
known by the agency adopting the emergency regulation in sufficient
time to have been addressed through nonemergency regulations adopted
in accordance with the provisions of Article 5 (commencing with
Section 11346), the finding of emergency shall include facts
explaining the failure to address the situation through nonemergency
regulations.
(3) The statement and the regulation or order of repeal shall be
filed immediately with the office.
(c) Notwithstanding any other provision of law, no emergency
regulation that is a building standard shall be filed, nor shall the
building standard be effective, unless the building standard is
submitted to the California Building Standards Commission,
Department of General Services and is approved
and filed pursuant to Sections 18937 and 18938 of the Health and
Safety Code.
(d) The emergency regulation or order of repeal shall become
effective upon filing or upon any later date specified by the state
agency in a written instrument filed with, or as a part of, the
regulation or order of repeal.
(e) No regulation, amendment, or order of repeal initially adopted
as an emergency regulatory action shall remain in effect more than
180 days unless the adopting agency has complied with Sections
11346.2 to 11347.3, inclusive, either before adopting an emergency
regulation or within the 180-day period. The adopting agency, prior
to the expiration of the 180-day period, shall transmit to the office
for filing with the Secretary of State the adopted regulation,
amendment, or order of repeal, the rulemaking file, and a
certification that Sections 11346.2 to 11347.3, inclusive, were
complied with either before the emergency regulation was adopted or
within the 180-day period.
(f) If an emergency amendment or order of repeal is filed and the
adopting agency fails to comply with subdivision (e), the regulation
as it existed prior to the emergency amendment or order of repeal
shall thereupon become effective and after notice to the adopting
agency by the office shall be reprinted in the California Code of
Regulations.
(g) If a regulation is originally adopted and filed as an
emergency and the adopting agency fails to comply with subdivision
(e), this failure shall constitute a repeal of the regulation and
after notice to the adopting agency by the office, shall be deleted.
(h) The office may approve not more than two readoptions, each for
a period not to exceed 90 days, of an emergency regulation that is
the same as or substantially equivalent to an emergency regulation
previously adopted by that agency. Readoption shall be permitted only
if the agency has made substantial progress and proceeded with
diligence to comply with subdivision (e).
SEC. 842. Section 11351 of the
Government Code is amended to read:
11351. (a) Except as provided in subdivision (b), Article 5
(commencing with Section 11346), Article 6 (commencing with Section
11349), Article 7 (commencing with Section 11349.7), and Article 8
(commencing with Section 11350) shall not apply to the Public
Utilities Commission or the Workers' Compensation
Employment and Benefits Appeals Board, and Article 3
(commencing with Section 11343) and Article 4 (commencing with
Section 11344) shall apply only to the rules of procedure of these
state agencies.
(b) The Public Utilities Commission and the Workers'
Compensation Employment and Benefits Appeals
Board shall comply with paragraph (5) of subdivision (a) of Section
11346.4 with respect to regulations that are required to be filed
with the Secretary of State pursuant to Section 11343.
(c) Article 8 (commencing with Section 11350) shall not apply to
the Division of Workers' Compensation.
SEC. 843. Section 11356 of the
Government Code is amended to read:
11356. (a) Article 6 (commencing with Section 11349) is not
applicable to a building standard.
(b) Article 5 (commencing with Section 11346) is applicable to
those building standards, except that the office shall not disapprove
those building standards nor refuse to publish any notice of
proposed building standards if either has been approved by, and
submitted to, the office by the California Building
Standards Commission Department of General Services
pursuant to Section 18935 of the Health and Safety Code.
SEC. 844. Section 11435.15 of the
Government Code is amended to read:
11435.15. (a) The following state agencies shall provide language
assistance in adjudicative proceedings to the extent provided in
this article:
Agricultural Labor Relations Board
Department of Alcohol and Drug Abuse
State Athletic Commission
California Unemployment Insurance
Employment and Benefits Appeals Board
Board of Prison Terms Parole Hearings
State Board of Barbering and Cosmetology
State Department of Developmental Services
Public Employment Relations Board
Franchise Tax Board
State Department of Health Services Public
Health
Department of Housing and Community Development
Department of Industrial Relations
State Department of Mental Health
Department of Motor Vehicles
Notary Public Section, Office of the Secretary of State
Public Utilities Commission
Office of Statewide Health Planning and Development
State Department of Social Services
Workers' Compensation Appeals Board
Department of the Youth Authority
Juvenile Justice Division of the Department of Corrections
and Rehabilitation
Youthful Offender Parole Board
Department of Insurance
State Personnel Board
California Board of Podiatric Medicine
Board of Psychology
(b) Nothing in this section prevents an agency other than an
agency listed in subdivision (a) from electing to adopt any of the
procedures in this article, provided that any selection of an
interpreter is subject to Section 11435.30.
(c) Nothing in this section prohibits an agency from providing an
interpreter during a proceeding to which this chapter does not apply,
including an informal factfinding or informal investigatory hearing.
(d) This article applies to an agency listed in subdivision (a)
notwithstanding a general provision that this chapter does not apply
to some or all of an agency's adjudicative proceedings.
SEC. 845. Section 11435.25 of the
Government Code is amended to read:
11435.25. (a) The cost of providing an interpreter under this
article shall be paid by the agency having jurisdiction over the
matter if the presiding officer so directs, otherwise by the party at
whose request the interpreter is provided.
(b) The presiding officer's decision to direct payment shall be
based upon an equitable consideration of all the circumstances in
each case, such as the ability of the party in need of the
interpreter to pay.
(c) Notwithstanding any other provision of this section, in a
hearing before the Workers' Compensation
Employment and Benefits Appeals Board or the Division of
Workers' Compensation relating to workers' compensation claims, the
payment of the costs of providing an interpreter shall be governed by
the rules and regulations promulgated by the Workers'
Compensation Employment and Benefits Appeals
Board or the Administrative Director of the Division of Workers'
Compensation, as appropriate.
SEC. 846. Section 1 1553 of the
Government Code is amended to read:
11553. (a) Effective January 1, 1988, an annual salary of
eighty-one thousand six hundred thirty-five dollars ($81,635) shall
be paid to each of the following:
(1) Chairperson of the Unemployment Insurance
Employment and Benefits Appeals Board.
(2) Chairperson of the Agricultural Labor Relations Board.
(3) President of the Public Utilities Commission.
(4) Chairperson of the Fair Political Practices Commission.
(5) Chairperson of the Energy Resources Conservation and
Development Commission.
(6) Chairperson of the Public Employment Relations Board.
(7) Chairperson of the Workers' Compensation Appeals Board.
(8)
(7) Administrative Director of the Division of
Industrial Accidents.
(9)
(8) Chairperson of the State Water Resources Control
Board.
(10) Chairperson and each member of the California Integrated
Waste Management Board.
(b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall
not exceed, the percentage of the general
salary increases provided for state employees during that fiscal
year.
(c) Notwithstanding subdivision (b), any salary increase is
subject to Section 11565.5.
SEC. 847. Section 11553.5 of the
Government Code is amended to read:
11553.5. (a) Effective January 1, 1988, an annual salary of
seventy-nine thousand one hundred twenty-two dollars ($79,122) shall
be paid to the following:
(1) Member of the Agricultural Labor Relations Board.
(2) Member of the State Energy Resources Conservation and
Development Commission.
(3) Member of the Public Utilities Commission.
(4) Member of the Public Employment Relations Board.
(5) Member of the Unemployment Insurance
Employment and Benefits Appeals Board.
(6) Member of the Workers' Compensation Appeals Board.
(7)
(6) Member of the State Water Resources Control Board.
(b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general cost-of-living salary increases provided
for state employees during that fiscal year.
(c) Notwithstanding subdivision (b), any salary increase is
subject to Section 11565.5.
SEC. 848. Section 11555 of the
Government Code is amended to read:
11555. (a) Effective January 1, 1988, an annual salary of
seventy-one thousand five hundred eighty-seven dollars ($71,587)
shall be paid to the following:
(1) Chairperson
chairperson of the Board of Parole Hearings.
(2) Chairperson of the Occupational Safety and Health Appeals
Board.
(b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.
(c) Notwithstanding subdivision (b), any salary increase is
subject to Section 11565.5.
SEC. 849. Section 11556 of the
Government Code is amended to read:
11556. (a) Effective January 1, 1988, an annual salary of
sixty-nine thousand seventy-six dollars ($69,076) shall be paid to
each of the following:
(1) Commissioner
a member of the Board of Parole Hearings.
(2) Member of the Occupational Safety and Health Appeals Board.
(b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.
(c) Notwithstanding subdivision (b), any salary increase is
subject to Section 11565.5.
SEC. 850. Section 11564 of the
Government Code is amended to read:
11564. (a) Effective January 1, 1988, an annual salary of
twenty-five thousand one hundred eighteen dollars ($25,118) shall be
paid to each member of the State Air Resources Board and the
Central Valley Flood Protection Board , if each member
devotes a minimum of 60 hours per month to state board work. The
salary shall be reduced proportionately if less than 60 hours per
month is devoted to state board work.
(b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.
(c) Notwithstanding subdivision (b), any salary increase is
subject to Section 11565.5.
SEC. 851. Section 12231 of the
Government Code is repealed.
12231. In carrying out the provisions of this article, the
Secretary of State shall consult with and give consideration to the
recommendations of the California Heritage Preservation Commission,
which for that purpose shall serve in an advisory capacity to the
Secretary of State.
SEC. 852. Section 12420.2 of the
Government Code is amended to read:
12420.2. The Controller may purchase annuity contracts for
permanent employees of the State Department of Education,
Department of the Youth Authority Juvenile Justice
Division of the Department of Corrections and Rehabilitation ,
Board of Governors of the California Community Colleges, Department
of Corrections and Rehabilitation , State Department of
Mental Health, California Maritime Academy, Commission for Teacher
Credentialing, State Department of Developmental Services, California
State Library, California Postsecondary Education
Commission Office of Higher Education and Financial
Aid , Private Postsecondary Vocational Education Council,
and Department of Consumer Affairs, Board of
Vocational Nurse and Psychiatric Technician Examiners, and the Board
of Registered Nursing, and shall reduce the salary of each
employee for whom an annuity contract is purchased by the amount of
the cost thereof provided that all of the following conditions are
met:
(a) The annuity contract is under an annuity plan which meets the
requirements of subdivision (b) of Section 403 of the Internal
Revenue Code and Section 17512 of the Revenue and Taxation Code.
(b) The employee makes application to the Controller for the
purchase and reduction of salary.
(c) All provisions of the Insurance Code applicable to the
purchase of those annuities are satisfied.
SEC. 853. Section 12805.10 is added to the
Government Code , to read:
12805.10. The Governor shall appoint, upon the nomination of the
Secretary of the Resources Agency, officers that are deemed necessary
to manage and direct the functions of the Resources Agency.
SEC. 854. Section 12813 of the
Government Code is amended to read:
12813. The Labor and Workforce Development Agency consists of the
following:
(a) Office of the Secretary of Labor and Workforce Development.
(b) Agricultural Labor Relations Board.
(c) California Workforce Investment Board.
(d) Department of Industrial Relations, including the California
Apprenticeship Council, California Occupational Safety and
Health Appeals Board, California Occupational Safety and
Health Standards Board, Commission on Health and Safety and
Workers' Compensation, Industrial Welfare Commission,
and State Compensation Insurance Fund , and Workers'
Compensation Appeals Board .
(e) Employment Development Department, including the
California Unemployment Insurance Appeals Board, and the
Employment Training Panel.
(f) Employment and Benefits Appeals Board.
SEC. 855. Section 13332.16 of the
Government Code is amended to read:
13332.16. This article shall not apply to appropriations to the
Legislature, the Legislative Counsel Bureau, the Bureau of State
Audits, the California Commission on Uniform State Laws,
or the California Law Revision Commission.
SEC. 856. Section 14502 of the
Government Code is amended to read:
14502. The commission consists of 13 members appointed as
follows:
(a) Nine members shall be appointed by the Governor with the
advice and consent of the Senate. One member shall be appointed by
the Speaker of the Assembly and one member shall be appointed by the
Senate Committee on Rules, with neither of these members subject to
confirmation by the Senate. A member appointed pursuant to this
subdivision shall not simultaneously hold an elected public office,
or serve on any local or regional public board or commission with
business before the commission.
(b) One Member of the Senate appointed by the Senate Committee on
Rules and one Member of the Assembly appointed by the Speaker of the
Assembly shall be ex officio members without vote and shall
participate in the activities of the commission to the extent that
such participation is not incompatible with their positions as
Members of the Legislature.
(c) Notwithstanding any other provision of law, a voting member of
the commission may serve on the High-Speed Rail Authority as
established in Division 19.5 (commencing with Section 165000) of the
Public Utilities Code.
SEC. 857. Section 14617 of the
Government Code is amended to read:
14617. The Office of the State Architect and the
California Building Standards Commission Department of
General Services , in consultation with offices and
divisions within the Department of General Services, and with
the Department of the California Highway Patrol, shall
jointly adopt regulations in Title 24 of the California Code of
Regulations to establish a standard of lighting for parking lots at
the University of California, California State University, and
California Community Colleges. This standard shall be adopted and
submitted to the California Building Standards Commission
Department of General Services for approval on
or before June 30, 1991, and published by the commission in the 1992
triennial publication of the California Building Code.
The Office of the State Architect shall also adopt regulations in
Title 24 of the California Code of Regulations to establish the
Illumination Engineering Society Handbook recommendations as the
standard lighting level for primary campus walkways used at night at
the University of California, California State University, and
California Community Colleges. These regulations shall be adopted and
submitted to the California Building Standards Commission
Department of General Services for approval on
or before June 30, 1991, and published by the commission in the 1992
triennial publication of the California Building Code.
This section shall not apply to the University of California
unless the Regents of the University of California, by resolution,
makes it applicable.
SEC. 858. Section 14652 is added to the
Government Code , to read:
14652. (a) The Department of General Services succeeds to, and is
vested with, all the duties, powers, purposes, obligations,
liabilities, responsibilities, and jurisdiction of the following
entities that no longer exist:
(1) 911 Advisory Board.
(2) Building Standards Commission.
(3) Seismic Safety Commission.
(4) Vietnam Veterans Memorial Commission.
(5) Mexican American Veterans' Memorial Beautification and
Enhancement Commission.
(b) Wherever any reference is made to the entities listed in
paragraphs (1) to (5), inclusive, of subdivision (a) to the
chairperson or executive director pertaining to a duty, power,
purpose, responsibility, or jurisdiction transferred to the
Department of General Services by this section, it shall be deemed to
be a reference to, and to mean, the Department of General Services
or to the Director of General Services, as the case may be. For the
purposes of this section, "predecessor entities" means the entities
listed in paragraphs (1) to (5), inclusive, of subdivision (a).
(c) The department shall have possession and control of all
records, papers, offices, equipment, supplies, moneys, funds,
appropriations, licenses, permits, agreements, contracts, claims,
judgments, land, and other property, real or personal, connected with
the administration of, or held for, the benefit or use of the
predecessor entities.
(d) Any regulation or other action, adopted, prescribed, taken, or
performed by a predecessor entity in the administration of a program
or the performance of a duty, responsibility, or authorization
transferred by this section to the department shall remain in effect
and shall be deemed to be a regulation or action of the department.
The regulations and orders adopted by the predecessor entities and
any of its predecessors in effect immediately preceding the effective
date of this section shall remain in effect and shall be fully
enforceable unless and until readopted, amended, or repealed, or
until they expire by their own terms. Any statute, law, rule, or
regulation now in force, or that may hereafter be enacted or adopted
with reference to the predecessor entities or any of their
predecessors shall mean the Department of General Services.
(e) No suit, action, or other proceeding lawfully commenced by or
against a predecessor entity, in relation to the administration of
any program or the discharge of any duty, responsibility, or
authorization transferred by this section, shall abate by reason of
the transfer of the program, duty, responsibility, or authorization.
Any action by or against the predecessor entities or any of their
predecessors shall not abate but shall continue in the name of the
Department of General Services, and the department shall be
substituted for the predecessor entities and any of their
predecessors by the court wherein the action is pending. The
substitution shall not in any way affect the rights of the parties to
the action.
(f) No contract, lease, license, bond, or any other agreement to
which the predecessor entities or any of their predecessors are a
party shall be void or voidable by reason of the transfer pursuant to
this section, but shall continue in full force and effect, with the
department assuming all of the rights, obligations, liabilities, and
duties of the predecessor entities and any of their predecessors.
That assumption by the department shall not in any way affect the
rights of the parties to the contract, lease, license, or agreement.
Bonds issued by the predecessor entities or any of their predecessors
shall become the indebtedness of the department. Any ongoing
obligations or responsibilities of the predecessor entities for
managing and maintaining bond issuances shall be transferred to the
department without impairment to any security contained in the bond
instrument.
(g) The department may expend the money in any appropriation or in
any special fund in the State Treasury made available by law for the
administration of the statutes the administration of which is
committed to the department, or for the use, support, or maintenance
of any of the predecessor entities whose duties, powers, and
functions have been transferred to and conferred upon the department.
These expenditures by the department shall be made in accordance
with applicable law in carrying out the purposes for which the
appropriations were made or the special funds created.
(h) Any officer or employee of the predecessor entities who is
performing a function transferred to the department and who is
serving in the state civil service, other than as a temporary
employee, shall be transferred to the department. The status,
positions, and rights of those persons shall not be affected by the
transfer and shall be retained by those persons as officers and
employees of the department, pursuant to the State Civil Service Act
(Part 2 (commencing with Section 18500) of Division 5), except as to
positions exempt from the civil service.
SEC. 859. Chapter 2 (commencing with Section
14999) of Part 5.7 of Division 3 of Title 2 of the
Government Code is repealed.
SEC. 860. Section 15563 is added to the
Government Code , to read:
15563. (a) The Labor and Workforce Development Agency succeeds
to, and is vested with, all the duties, powers, purposes,
obligations, liabilities, responsibilities, and jurisdiction of the
following entities that no longer exist:
(1) Commission on Health and Safety and Workers' Compensation.
(2) Industrial Welfare Commission.
(b) Wherever any reference is made to the entities listed in
paragraphs (1) and (2) of subdivision (a) to the chairperson
pertaining to a duty, power, purpose, responsibility, or jurisdiction
transferred to the Labor and Workforce Development Agency by this
section, it shall be deemed to be a reference to, and to mean, the
Labor and Workforce Development Agency or to the Secretary of Labor
and Workforce Development, as the case may be. In exercising the
authority transferred to the Secretary of Labor and Workforce
Development pursuant to this section, the secretary shall have the
powers of a head of a department pursuant to Chapter 2 (commencing
with Section 1150) of Part 1 of Division 3. For the purposes of this
section, "predecessor entities" means the entities listed in
paragraphs (1) and (2) of subdivision (a).
(c) The agency shall have possession and control of all records,
papers, offices, equipment, supplies, moneys, funds, appropriations,
licenses, permits, agreements, contracts, claims, judgments, land,
and other property, real or personal, connected with the
administration of, or held for, the benefit or use of the predecessor
entities.
(d) Any regulation or other action, adopted, prescribed, taken, or
performed by a predecessor entity in the administration of a program
or the performance of a duty, responsibility, or authorization
transferred by this section to the agency shall remain in effect and
shall be deemed to be a regulation or action of the agency. The
regulations and orders adopted by the predecessor entities and any of
its predecessors in effect immediately preceding the effective date
of this section shall remain in effect and shall be fully enforceable
unless and until readopted, amended, or repealed, or until they
expire by their own terms. Any statute, law, rule, or regulation now
in force, or that may hereafter be enacted or adopted with reference
to the predecessor entities or any of their predecessors shall mean
the Labor and Workforce Development Agency.
(e) No suit, action, or other proceeding lawfully commenced by or
against a predecessor entity, in relation to the administration of
any program or the discharge of any duty, responsibility, or
authorization transferred by this section, shall abate by reason of
the transfer of the program, duty, responsibility, or authorization.
Any action by or against the predecessor entities or any of their
predecessors shall not abate but shall continue in the name of the
Labor and Workforce Development Agency, and the agency shall be
substituted for the predecessor entities and any of their
predecessors by the court wherein the action is pending. The
substitution shall not in any way affect the rights of the parties to
the action.
(f) No contract, lease, license, bond, or any other agreement to
which the predecessor entities or any of their predecessors are a
party shall be void or voidable by reason of the transfer pursuant to
this section, but shall continue in full force and effect, with the
agency assuming all of the rights, obligations, liabilities, and
duties of the predecessor entities and any of their predecessors.
That assumption by the agency shall not in any way affect the rights
of the parties to the contract, lease, license, or agreement. Bonds
issued by the predecessor entities or any of their predecessors shall
become the indebtedness of the agency. Any ongoing obligations or
responsibilities of the predecessor entities for managing and
maintaining bond issuances shall be transferred to the agency without
impairment to any security contained in the bond instrument.
(g) The agency may expend the money in any appropriation or in any
special fund in the State Treasury made available by law for the
administration of the statutes the administration of which is
committed to the agency, or for the use, support, or maintenance of
any of the predecessor entities whose duties, powers, and functions
have been transferred to and conferred upon the agency. These
expenditures by the agency shall be made in accordance with
applicable law in carrying out the purposes for which the
appropriations were made or the special funds created.
(h) Any officer or employee of the predecessor entities who is
performing a function transferred to the agency and who is serving in
the state civil service, other than as a temporary employee, shall
be transferred to the agency. The status, positions, and rights of
those persons shall not be affected by the transfer and shall be
retained by those persons as officers and employees of the agency,
pursuant to the State Civil Service Act (Part 2 (commencing with
Section 18500) of Division 5), except as to positions exempt from the
civil service.
SEC. 861. Section 15853 of the
Government Code is amended to read:
15853. (a) The board may select and acquire, in the name of and
on behalf of the state, with the consent of the state agency
concerned, the fee or any lesser right or interest in any real
property necessary for any state purpose or function.
(b) If moneys are appropriated by the Budget Act for any fiscal
year or by any other act for the acquisition of land or other real
property, either (1) subject to this part or (2) for any state agency
for whom property is acquired by the board, the moneys and
acquisitions are subject to this part and the moneys shall be
expended in accordance with this part, notwithstanding any other
provisions of law.
(c) Notwithstanding any other provisions of law, all land and
other real property to be acquired by or for any state agency, other
than the Department of Transportation, the Department of Water
Resources, the State Reclamation Board, the
Department of Fish and Game, the Wildlife Conservation Board, the
Public Employees' Retirement System, the State Teachers' Retirement
System, the Department of Housing and Community Development, the
State Lands Commission, except for property to be acquired for the
State Lands Commission pursuant to an appropriation from the General
Fund, and the State Coastal Conservancy with respect to acceptance of
offers to dedicate public accessways made pursuant to Division 20
(commencing with Section 30000) of the Public Resources Code, shall
be acquired by the State Public Works Board in accordance with this
part.
(d) (1) Notwithstanding subdivision (a), the board shall acquire,
on behalf of and for the Department of Parks and Recreation, in
accordance with this part, any interests in real property, including
options to purchase, which have been appraised, selected, and settled
through purchase negotiations by the Department of Parks and
Recreation pursuant to subdivision (b) of Section 5006 of the Public
Resources Code. Out of moneys appropriated for the acquisition of
options to purchase, no more than ten thousand dollars ($10,000) may
be expended for the acquisition of any single option unless otherwise
provided by the Legislature.
(2) Notwithstanding Section 15854, purchase negotiations for
interests in real property for the state park system pursuant to
subdivision (d) of Section 5006 of the Public Resources Code shall be
initiated within six months of the effective date of the act that
appropriates funds for the acquisition. Purchase negotiations on all
projects not proposed pursuant to subdivision (d) of Section 5006 of
the Public Resources Code shall be initiated within 12 months of the
effective date of the act appropriating funds for the acquisition.
Either title shall be conveyed or a written agreement to transfer
title shall be executed within the appropriate authorization period
unless the Department of Parks and Recreation formally abandons the
acquisition prior to the conclusion of the appropriate authorization
period. For the purposes of this section, in order for the Department
of Parks and Recreation to "formally abandon" an acquisition, it
shall transmit written notification to the board of its intent not to
proceed with the acquisition.
(3) The board, at any time during the periods specified in
paragraph (2), may commence condemnation proceedings if it finds it
to be appropriate. However, if, during the appropriate authorization
period, title is not conveyed or a written agreement to transfer
title is not signed, the acquisition has not been formally abandoned,
or condemnation proceedings have not been commenced, the Department
of Parks and Recreation shall notify, by letter, the chair of the
committee in each house of the Legislature that considers
appropriations, the Chair of the Joint Legislative Budget Committee,
and the Members of the Legislature within whose district any part of
the land or other real property is located of the status of the
acquisition. For the purpose of this paragraph, condemnation
proceedings shall be deemed to be commenced as of the date the board
authorizes acquisition by condemnation.
(4) The board may schedule special meetings as are necessary to
expedite the acquisition of options to purchase real property for the
state park system.
(e) The board may acquire
furnishings that the owner thereof agrees to sell and that are
contained within improvements acquired by the board. Cost of
acquisition of furnishings shall be charged to the appropriation
available for acquisition of the real property.
SEC. 862. Section 15855 of the
Government Code is amended to read:
15855. (a) Notwithstanding any other provision of law, except as
provided in subdivision (b), the State Public Works Board is the only
state agency that may exercise the power of eminent domain to
acquire property needed by any state agency for any state purpose or
function.
(b) Subdivision (a) does not affect or limit the right of the
Department of Transportation, Department of Water Resources, State
Lands Commission, State Reclamation Board,
Hastings College of the Law, or the Regents of the University of
California to exercise the power of eminent domain. Subdivision (a)
does not affect or limit the exercise of the power of eminent domain
by the Department of Fish and Game pursuant to Section 1348 of the
Fish and Game Code.
SEC. 863. Section 19878 of the
Government Code is amended to read:
19878. As used in this article:
(a) "Employee" means any of the following:
(1) A permanent or probationary full-time state officer or
employee, regardless of period of service, who is a member of the
Public Employees' Retirement System or the State Teachers' Retirement
System in compensated employment on and after October 1, 1976.
Commencing January 1, 1979, it also means a full-time state officer
or employee, whether or not a member of such systems, who is an
employee of the Legislature and is not a member of the civil service.
(2) A permanent or probationary part-time or intermittent state
officer or employee, with at least the equivalent of six monthly
compensated pay periods of service in the 18 months of pay periods
immediately preceding the pay period in which the disability begins,
who is a member of the Public Employees' Retirement System or the
State Teachers' Retirement System, in compensated employment on or
after January 1, 1979, or a part-time or intermittent employee of the
Legislature, whether or not a member of the Public Employees'
Retirement System, in compensated employment on or after January 1,
1984.
(b) "Full pay" means the gross base salary earnable by the
employee, and subject to retirement contribution on the date of the
commencement of his or her disability.
(c) "Disability" or "disabled" includes mental or physical illness
and mental or physical injury, including any illness or injury
resulting from pregnancy, childbirth, or related medical condition.
An employee is deemed disabled on any day in which, because of his or
her physical, mental, or medical condition, he or she is unable to
perform his or her regular or customary work.
(d) "Disability benefit period", period,"
with respect to any individual, means the continuous period of
disability beginning with the first day with respect to which the
individual files a valid claim for nonindustrial disability benefits.
For the purposes of this article, two consecutive periods of
disability due to the same or related cause or condition and
separated by a period of not more than 14 days shall be considered as
one disability benefit period.
(e) "Appeals board" means the California Unemployment
Insurance Employment and Benefits Appeals Board.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
SEC. 864. Section 20130 of the
Government Code is amended to read:
20130. The board may enter into an agreement with the State
Compensation Insurance Fund under which the latter shall represent
this system, as its agent, or the Attorney General under which the
latter shall represent this system, in proceedings instituted or to
be instituted before the Workers' Compensation
Employment and Benefits Appeals Board as may be referred
to it by the board to determine whether the death or disability of a
member is industrial. The agreed cost of this service and the
expenses incidental thereto shall be paid from the retirement fund,
except that there shall be no charge to this system by the Attorney
General in cases involving members of this system who are employees
of the General Fund state agencies.
SEC. 865. Section 21164 of the
Government Code is amended to read:
21164. Notwithstanding any other provision of this article, the
retirement for disability of a local safety member, other than a
school safety member, shall not be effective without the member's
consent earlier than the date upon which leave of absence without
loss of salary under Section 4850 of the Labor Code because of the
disability terminates, or the earlier date during the leave as of
which the disability is permanent and stationary as found by the
Workers' Compensation Employment and Benefits
Appeals Board.
SEC. 866. Section 21166 of the
Government Code is amended to read:
21166. If a member is entitled to a different disability
retirement allowance according to whether the disability is
industrial or nonindustrial and the member claims that the disability
as found by the board, or in the case of a local safety member by
the governing body of his or her employer, is industrial and the
claim is disputed by the board, or in case of a local safety member
by the governing body, the Workers' Compensation
Employment and Benefits Appeals Board, using the same
procedure as in workers' compensation hearings, shall determine
whether the disability is industrial.
The jurisdiction of the Workers' Compensation
Employment and Benefits Appeals Board shall be limited
solely to the issue of industrial causation, and this section shall
not be construed to authorize the Workers' Compensation
Employment and Benefits Appeals Board to award
costs against this system pursuant to Section 4600, 5811, or any
other provision of the Labor Code.
SEC. 867. Section 21167 of the
Government Code is amended to read:
21167. At any time within 20 days after the service of any
findings of fact by the Workers' Compensation
Employment and Benefits Appeals Board under this part, any
party aggrieved thereby, or the board, may petition for a rehearing
upon one or more of the following grounds, and no other:
(a) That the Workers' Compensation
Employment and Benefits Appeals Board acted without or in
excess of its powers.
(b) That the findings of fact were procured by fraud.
(c) That the evidence does not justify the findings of fact.
(d) That the petitioner has discovered new evidence material to
him or her, that he or she could not, with reasonable diligence, have
discovered and produced at the hearing.
SEC. 868. Section 21168 of the
Government Code is amended to read:
21168. Within 30 days after the petition for rehearing is denied,
or, if the petition is granted, within 30 days after the rendition
of amended findings of fact on rehearing, any person affected
thereby, including this system, may apply to the Supreme Court or to
the court of appeal of the appellate district in which he or she
resides, for a writ of review, for the purpose of inquiring into and
determining the lawfulness of the findings of the Workers'
Compensation Employment and Benefits Appeals
Board.
SEC. 869. Section 21169 of the
Government Code is amended to read:
21169. The writ of review shall be made returnable not later than
30 days after the date of issuance thereof, and shall direct the
Workers' Compensation Employment and Benefits
Appeals Board to certify its record in the case to the court.
On the return day the cause shall be heard in the court unless
continued for good cause. No new or additional evidence shall be
introduced in the court, but the cause shall be heard on the record
of the appeals board, as certified to by it.
SEC. 870. Section 21170 of the
Government Code is amended to read:
21170. The review by the court shall not be extended further than
to determine whether the Workers' Compensation
Employment and Benefits Appeals Board acted without or in
excess of its powers, or unreasonably, or whether its act was
procured by fraud.
SEC. 871. Section 21171 of the
Government Code is amended to read:
21171. The Workers' Compensation
Employment and Benefits Appeals Board shall have continuing
jurisdiction over its determinations made under Section 21166 and may
at any time within five years of the date of injury, upon notice and
after an opportunity to be heard is given to the parties in
interest, rescind, alter, or amend the determination, good cause
appearing therefor.
SEC. 872. Section 21174 of the
Government Code is amended to read:
21174. If it is not claimed that the disability is industrial or
if the claim is made and the member so requests, the board shall
proceed with retirement and with the payment of the benefits as are
payable when disability is not industrial. If the Workers'
Compensation Employment and Benefits Appeals
Board subsequently determines that disability is industrial, an
amount equal to the benefits paid shall be deducted from the benefits
payable under this system because of the determination. No
additional benefits shall be payable, however, because disability is
determined to be industrial unless the application for that
determination is filed with the Workers' Compensation
Employment and Benefits Appeals Board or in the
office of this system in Sacramento, for transmission to the
Workers' Compensation Employment and Benefits
Appeals Board within two years after the effective date of the member'
s retirement.
SEC. 873. Section 21430 of the
Government Code is amended to read:
21430. Upon retirement of a local safety member for industrial
disability, the member shall receive in lieu of the allowance
otherwise provided by this article a disability retirement allowance
in the amount of the percentage of final compensation equal to the
percentage of permanent disability determined by the Workers'
Compensation Employment and Benefits Appeals
Board for the purposes of permanent disability payments pursuant to
Article 3 (commencing with Section 4650) of Chapter 2 of Part 2 of
the Labor Code with respect solely to the injury resulting in the
disability retirement and giving effect to Section 4750 of the Labor
Code, but not less than 50 percent nor in excess of 90 percent of the
member's final compensation.
This section shall not apply to any contracting agency nor to the
employees of any contracting agency unless and until the agency
elects to be subject to the provisions of this section by amendment
to its contract made in the manner prescribed for approval of
contracts, or in the case of contracts made after June 14, 1975, by
express provision in such contract making the contracting agency
subject to the provisions of this section.
This section shall only apply to members who retire for disability
on and after the date the agency elects to be subject to this
section.
SEC. 874. Section 21537 of the
Government Code is amended to read:
21537. (a) The special death benefit is payable if the deceased
was a patrol, state peace officer/firefighter, state safety, state
industrial, or local safety member, if his or her death was
industrial and if there is a survivor who qualifies under subdivision
(b) of Section 21541. The Workers' Compensation
Employment and Benefits Appeals Board, using the same
procedures as in workers' compensation hearings, shall in disputed
cases determine whether the death of a member was industrial.
(b) The jurisdiction of the Workers' Compensation
Employment and Benefits Appeals Board shall be
limited solely to the issue of industrial causation, and this section
shall not be construed to authorize the Workers'
Compensation Employment and Benefits Appeals
Board to award costs against this system pursuant to Section 4600,
5811, or any other provision of the Labor Code.
(c) This section does not apply to state safety members described
in Section 20401.5 or local safety members described in Section
20423.6.
SEC. 875. Section 21537.5 of the
Government Code is amended to read:
21537.5. (a) The special death benefit is payable if the deceased
was a state miscellaneous member in State Bargaining Unit 12
employed by the Department of Transportation, if his or her death
occurred as a direct result of injury arising out of and in the
course of his or her official duties with the department working on
the California highway system performing highway maintenance, and if
there is a survivor who qualifies under subdivision (b) of Section
21541. The Workers' Compensation Employment
and Benefits Appeals Board, using the same procedures as in
workers' compensation hearings, shall in disputed cases determine
whether the death of the member occurred as a result of that injury.
(b) The jurisdiction of the Workers' Compensation
Employment and Benefits Appeals Board shall be
limited solely to the issue of industrial causation, and this section
may not be construed to authorize the Workers' Compensation
Employment Benefits Appeals Board to award
costs against this system pursuant to Section 4600, 5811, or any
other provision of the Labor Code.
(c) This section shall not become operative unless and until a
memorandum of understanding has been agreed to by the state employer
and the recognized employee organization making this section
applicable to those members described in subdivision (a).
SEC. 876. Section 21538 of the
Government Code is amended to read:
21538. The special death benefit is also payable if the deceased
was a state member appointed by the Governor, the Director of
Corrections and Rehabilitation , or the Board of Prison
Terms, if his or her death occurred as a result of injury or disease
arising out of and in the course of his or her official duties within
a state prison or facility of the Department of Corrections and
Rehabilitation , and if there is a survivor who qualifies
under subdivision (b) of Section 21541. The Workers'
Compensation Employment and Benefits Appeals
Board, using the same procedure as in workers' compensation hearings,
shall in disputed cases determine whether the death of the member
occurred as a result of the injury or disease.
The jurisdiction of the Workers' Compensation
Employment and Benefits Appeals Board shall be limited
solely to the issue of industrial causation, and this section shall
not be construed to authorize the Workers' Compensation
Employment and Benefits Appeals Board to award
costs against this system pursuant to Section 4600 or 5811 or any
other provision of the Labor Code.
SEC. 877. Section 21540 of the
Government Code is amended to read:
21540. The special death benefit is also payable if the deceased
was the Secretary of the Youth and Adult Corrections Agency, or was a
state member appointed by the Secretary of the Youth and Adult
Corrections Agency, the Department of the Youth Authority, the
Superintendent of the California Institution for Women, or the Women'
s Board of Terms and Paroles, the Board of Corrections, or was a
member of the Board of Corrections or the Department of the Youth
Authority not already classified as a prison member, provided that
his or her death occurred as a result of misconduct of an inmate of a
state prison, correctional school, or facility of the Department of
Corrections or the Department of the Youth Authority, or any
successor agency, or a parolee therefrom.
The special death benefit provided by this section is not payable
unless the death of the member arose out of and was in the course of
his or her official duties and unless there is a survivor who
qualifies under subdivision (b) of Section 21541. The
Workers' Compensation Employment and Benefits
Appeals Board, using the same procedure as in workers' compensation
hearings, shall, in disputed cases, determine whether the member's
death arose out of and in the course of his or her official duties.
A natural parent of surviving children eligible to receive an
allowance payable under this section shall not be required to become
the guardian of surviving unmarried children under 18 years of age in
order to be paid the benefits prescribed for those children.
The jurisdiction of the Workers' Compensation
Employment and Benefits Appeals Board shall be limited
solely to the issue of industrial causation, and this section shall
not be construed to authorize the Workers' Compensation
Employment and Benefits Appeals Board to award
costs against this system pursuant to Section 4600 or 5811 or any
other provision of the Labor Code.
SEC. 878. Section 21540.5 of the
Government Code is amended to read:
21540.5. (a) The special death benefit is also payable if the
deceased was a state, school, or local miscellaneous member, a local
safety member described in Section 20423.6, or a state safety member
described in Section 20401.5, if the death of the member was a direct
consequence of a violent act perpetrated on his or her person that
arose out of and was in the course of his or her official duties and
there is a survivor who qualifies under paragraph (2) of subdivision
(a) of Section 21541. The Workers' Compensation
Employment and Benefits Appeals Board, using the same
procedure as in workers' compensation hearings, shall, in disputed
cases determine whether the member's death was a direct consequence
of a violent act perpetrated on his or her person that arose out of
and in the course of his or her official duties.
(b) A natural parent of surviving children eligible to receive an
allowance payable under this section is not required to become the
guardian of surviving unmarried children under 18 years of age in
order to be paid the benefits prescribed for those children.
(c) The jurisdiction of the Workers' Compensation
Employment and Benefits Appeals Board shall be
limited solely to the issue of industrial causation, and this section
may not be construed to authorize the Workers' Compensation
Employment and Benefits Appeals Board to award
costs against this system pursuant to Section 4600 or 5811 or any
other provision of the Labor Code.
(d) This section does not apply to a contracting agency nor its
employees unless and until the agency elects to be subject to it by
amendment to its contract made in the manner prescribed for approval
of contracts, or in the case of a new contract, by express provision
of the contract.
SEC. 879. Section 21544 of the
Government Code is amended to read:
21544. Upon notice of a death as a result of which the special
death benefit may be payable, and when there is a survivor who would
qualify under subdivision (b) of Section 21541, the board, or in
disputed cases, the Workers' Compensation
Employment and Benefits Appeals Board, shall determine whether
the death was industrial, and pending final determination of the
issue, the board shall temporarily pay special death benefits. The
temporary payments shall be deducted from any other death benefits
otherwise payable if the death is determined not to be industrial.
SEC. 880. Section 22820 of the
Government Code is amended to read:
22820. (a) Upon the death, on or after January 1, 2002, of a
firefighter employed by a county, city, city and county, district, or
other political subdivision of the state, a firefighter employed by
the Department of Forestry and Fire Protection, a firefighter
employed by the federal government who was a resident of this state
and whose regular duty assignment was to perform firefighting
services within this state, or a peace officer as defined in Section
830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36,
830.37, 830.38, 830.39, 830.4, 830.5, 830.55, or 830.6 of the Penal
Code, if the death occurred as a result of injury or disease arising
out of and in the course of his or her official duties, the surviving
spouse or other eligible family member of the deceased firefighter
or peace officer, if uninsured, is deemed to be an annuitant under
Section 22760 for purposes of enrollment. All eligible family members
of the deceased firefighter or peace officer who are uninsured may
enroll in a health benefit plan of the surviving spouse's choice.
However, an unmarried child of the surviving spouse is not eligible
to enroll in a health benefit plan under this section if the child
was not a family member under Section 22775 and regulations pertinent
thereto prior to the firefighter's or peace officer's date of death.
The employer of the deceased firefighter or peace officer shall
notify the board within 10 days of the death of the employee if a
spouse or family member may be eligible for enrollment in a health
benefit plan under this section.
(b) Upon notification, the board shall promptly determine
eligibility and shall forward to the eligible spouse or family member
the materials necessary for enrollment. In the event of a dispute
regarding whether a firefighter's or peace officer's death occurred
as a result of injury or disease arising out of and in the course of
his or her official duties as required under subdivision (a), that
dispute shall be determined by the Workers' Compensation
Employment and Benefits Appeals Board, subject
to the same procedures and standards applicable to hearings relating
to claims for workers' compensation benefits. The jurisdiction of the
Workers' Compensation Employment and
Benefits Appeals Board under this section is limited to the
sole issue of industrial causation and this section does not
authorize the Workers' Compensation
Employment and Benefits Appeals Board to award costs against
the system.
(c) (1) Notwithstanding any other provision of law, and except as
otherwise provided in subdivision (d), the state shall pay the
employer contribution required for enrollment under this part for the
uninsured surviving spouse of a deceased firefighter or peace
officer for life, and the other uninsured eligible family members of
a deceased firefighter or peace officer, provided the family member
meets the eligibility requirements of Section 22775 and regulations
pertinent thereto.
(2) The contribution payable by the state for each uninsured
surviving spouse and other uninsured eligible family members shall be
adjusted annually and be equal to the amount specified in Section
22871.
(3) The state's contribution under this section shall commence on
the effective date of enrollment of the uninsured surviving spouse or
other uninsured eligible family members. The contribution of each
surviving spouse and eligible family member shall be the total cost
per month of the benefit coverage afforded him or her under the plan
less the portion contributed by the state pursuant to this section.
(d) The cancellation of coverage by an annuitant, as defined in
this section, shall be final without option to reenroll, unless
coverage is canceled because of enrollment in an insurance plan from
another source.
(e) For purposes of this section, "surviving spouse" means a
husband or wife who was married to the deceased firefighter or peace
officer on the deceased's date of death and either for a continuous
period of at least one year prior to the date of death or prior to
the date the deceased firefighter or peace officer sustained the
injury or disease resulting in death.
(f) For purposes of this section, "uninsured" means that the
surviving spouse is not enrolled in an employer-sponsored health plan
under which the employer contribution covers 100 percent of the cost
of health care premiums.
(g) The board has no duty to identify, locate, or notify any
surviving spouse or eligible family member who may be or may become
eligible for benefits under this section.
SEC. 881. Section 53115.1 of the
Government Code is repealed.
53115.1. (a) There is in state government the State 911 Advisory
Board.
(b) The advisory board shall be comprised of the following members
appointed by the Governor who shall serve at the pleasure of the
Governor.
(1) The Chief of the California 911 Emergency Communications
Office shall serve as the nonvoting chair of the board.
(2) One representative from the Department of the California
Highway Patrol.
(3) Two representatives on the recommendation of the California
Police Chiefs Association.
(4) Two representatives on the recommendation of the California
State Sheriffs' Association.
(5) Two representatives on the recommendation of the California
Fire Chiefs Association.
(6) Two representatives on the recommendation of the CalNENA
Executive Board.
(7) One representative on the joint recommendation of the
executive boards of the state chapters of the Association of
Public-Safety Communications Officials-International, Inc.
(c) Recommending authorities shall give great weight and
consideration to the knowledge, training, and expertise of the
appointee with respect to their experience within the California 911
system. Board members should have at least two years of experience as
a Public Safety Answering Point (PSAP) manager or county
coordinator, except where a specific person is designated as a
member.
(d) Members of the advisory board shall serve at the pleasure of
the Governor, but may not serve more than two consecutive two-year
terms, except as follows:
(1) The presiding Chief of the California 911 Emergency
Communications Office shall serve for the duration of his or her
tenure.
(2) Four of the members shall serve
an initial term of three years.
(e) Advisory board members shall not receive compensation for
their service on the board, but may be reimbursed for travel and per
diem for time spent in attending meetings of the board.
(f) The advisory board shall meet quarterly in public sessions in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 2 of Part 1 of Division 3
of Title 2). The Telecommunications Division shall provide
administrative support to the State 911 Advisory Board. The State 911
Advisory Board, at its first meeting, shall adopt bylaws and
operating procedures consistent with this article and establish
committees as necessary.
(g) Notwithstanding any other provision of law, any member of the
advisory board may designate a person to act as that member in his or
her place and stead for all purposes, as though the member were
personally present.
SEC. 882. Section 53115.1 is added to the
Government Code , to read:
53115.1. Any reference to the State 911 Advisory Board shall
refer to the Department of General Services.
SEC. 883. Section 53115.2 of the
Government Code is amended to read:
53115.2. (a) The
State 911 Advisory Board shall advise the Telecommunications Division
of the Department of Director of General
Services may consult with any or all former members of the board
that was known as the State 911 Advisory Board prior to its
abolishment on all of the following subjects:
(1)
(a) Policies, practices, and procedures for
the California 911 Emergency Communications Office.
(2)
(b) Technical and operational standards for
the California 911 system consistent with the National Emergency
Number Association (NENA) standards.
(3)
(c) Training standards for county
coordinators and Public Safety Answering Point (PSAP) managers.
(4)
(d) Budget, funding, and reimbursement
decisions related to the State Emergency Number Account.
(5)
(e) Proposed projects and studies conducted
or funded by the State Emergency Number Account.
(6)
(f) Expediting the rollout of Enhanced 911
Phase II technology.
(b)
(g) Upon request of a local public agency, the
board Director of General Services shall
conduct a hearing on any conflict between a local public agency and
the Telecommunications Division regarding a final plan that has not
been approved by the Telecommunications Division pursuant to Section
53114. The board director shall
meet conduct the hearing within 30 days
following the request, and shall make a recommendation to resolve
the conflict to the Telecommunications Division within 90 days
following the initial hearing by the board
director pursuant to the request.
SEC. 884. Section 63029 is added to the
Government Code , to read:
63029. (a) The board of directors of the California
Infrastructure and Economic Development Bank succeeds to, and is
vested with, all the duties, powers, purposes, obligations,
liabilities, responsibilities, and jurisdiction of the California
Public Library Construction and Renovation Board which no longer
exists.
(b) Wherever any reference is made to the California Public
Library Construction and Renovation Board or the Chairperson of the
California Public Library Construction and Renovation Board
pertaining to a duty, power, purpose, responsibility, or jurisdiction
transferred to the board of directors of the California
Infrastructure and Economic Development Bank by this section, it
shall be deemed to be a reference to, and to mean, the California
Infrastructure and Economic Development Bank or to the board of
directors of the California Infrastructure and Economic Development
Bank, as the case may be.
(c) The bank board shall have possession and control of all
records, papers, offices, equipment, supplies, moneys, funds,
appropriations, licenses, permits, agreements, contracts, claims,
judgments, land, and other property, real or personal, connected with
the administration of, or held for, the benefit or use of the
California Public Library Construction and Renovation Board.
(d) Any regulation or other action, adopted, prescribed, taken, or
performed by the California Public Library Construction and
Renovation Board in the administration of a program or the
performance of a duty, responsibility, or authorization transferred
by this section to the bank board shall remain in effect and shall be
deemed to be a regulation or action of the bank board. The
regulations and orders adopted by the California Public Library
Construction and Renovation Board and any of its predecessors in
effect immediately preceding the effective date of this section shall
remain in effect and shall be fully enforceable unless and until
readopted, amended, or repealed, or until they expire by their own
terms. Any statute, law, rule, or regulation now in force, or that
may hereafter be enacted or adopted with reference to the California
Public Library Construction and Renovation Board or any of its
predecessors shall mean the bank board.
(e) No suit, action, or other proceeding lawfully commenced by or
against the California Public Library Construction and Renovation
Board, in relation to the administration of any program or the
discharge of any duty, responsibility, or authorization transferred
by this section, shall abate by reason of the transfer of the
program, duty, responsibility, or authorization. Any action by or
against the California Public Library Construction and Renovation
Board or any of its predecessors shall not abate but shall continue
in the name of the board of directors of the California
Infrastructure and Economic Development Bank, and the bank board
shall be substituted for the California Public Library Construction
and Renovation Board and any of its predecessors by the court wherein
the action is pending. The substitution shall not in any way affect
the rights of the parties to the action.
(f) No contract, lease, license, bond, or any other agreement to
which the California Public Library Construction and Renovation Board
or any of its predecessors are a party shall be void or voidable by
reason of the transfer pursuant to this section, but shall continue
in full force and effect, with the bank board assuming all of the
rights, obligations, liabilities, and duties of the California Public
Library Construction and Renovation Board and any of its
predecessors. That assumption by the bank board shall not in any way
affect the rights of the parties to the contract, lease, license, or
agreement. Bonds issued by the California Public Library Construction
and Renovation Board or any of its predecessors shall become the
indebtedness of the bank board. Any ongoing obligations or
responsibilities of the California Public Library Construction and
Renovation Board for managing and maintaining bond issuances shall be
transferred to the bank board without impairment to any security
contained in the bond instrument.
(g) The bank board may expend the money in any appropriation or in
any special fund in the State Treasury made available by law for the
administration of the statutes the administration of which is
committed to the bank board, or for the use, support, or maintenance
of any of the California Public Library Construction and Renovation
Board whose duties, powers, and functions have been transferred to
and conferred upon the bank board. These expenditures by the bank
board shall be made in accordance with applicable law in carrying out
the purposes for which the appropriations were made or the special
funds created.
(h) Any officer or employee of the California Public Library
Construction and Renovation Board who is performing a function
transferred to the California Infrastructure and Development Bank and
who is serving in the state civil service, other than as a temporary
employee, shall be transferred to the bank. The status, positions,
and rights of those persons shall not be affected by the transfer and
shall be retained by those persons as officers and employees of the
bank, pursuant to the State Civil Service Act (Part 2 (commencing
with Section 18500) of Division 5), except as to positions exempt
from the civil service.
SEC. 885. Section 65054.5 of the
Government Code is repealed.
65054.5. In addition to its other responsibilities under this
article, the advocate shall do the following:
(a) Develop on its Internet Web site, and update as necessary, a
handbook about emergency preparedness, responses to emergencies, and
recovery strategies for small businesses.
(b) Conduct, no later than July 1, 2008, at least three public
meetings, and one public meeting every other year thereafter, to
share best practices for small business disaster preparedness. The
meetings shall be held in consultation with regional and statewide
small business organizations and shall take place in different
locations throughout the state.
SEC. 886. Section 65915 of the
Government Code is amended to read:
65915. (a) When an applicant seeks a density bonus for a housing
development within, or for the donation of land for housing within,
the jurisdiction of a city, county, or city and county, that local
government shall provide the applicant incentives or concessions for
the production of housing units and child care facilities as
prescribed in this section. All cities, counties, or cities and
counties shall adopt an ordinance that specifies how compliance with
this section will be implemented.
(b) (1) A city, county, or city and county shall grant one density
bonus, the amount of which shall be as specified in subdivision (g),
and incentives or concessions, as described in subdivision (d), when
an applicant for a housing development seeks and agrees to construct
a housing development, excluding any units permitted by the density
bonus awarded pursuant to this section, that will contain at least
any one of the following:
(A) Ten percent of the total units of a housing development for
lower income households, as defined in Section 50079.5 of the Health
and Safety Code.
(B) Five percent of the total units of a housing development for
very low income households, as defined in Section 50105 of the Health
and Safety Code.
(C) A senior citizen housing development as defined in Sections
51.3 and 51.12 of the Civil Code, or mobilehome park that limits
residency based on age requirements for housing for older persons
pursuant to Section 798.76 or 799.5 of the Civil Code.
(D) Ten percent of the total dwelling units in a common interest
development as defined in Section 1351 of the Civil Code for persons
and families of moderate income, as defined in Section 50093 of the
Health and Safety Code, provided that all units in the development
are offered to the public for purchase.
(2) For purposes of calculating the amount of the density bonus
pursuant to subdivision (f), the applicant who requests a density
bonus pursuant to this subdivision shall elect whether the bonus
shall be awarded on the basis of subparagraph (A), (B), (C), or (D)
of paragraph (1).
(c) (1) An applicant shall agree to, and the city, county, or city
and county shall ensure, continued affordability of all
low-and low- and very low income units that
qualified the applicant for the award of the density bonus for 30
years or a longer period of time if required by the construction or
mortgage financing assistance program, mortgage insurance program, or
rental subsidy program. Rents for the lower income density bonus
units shall be set at an affordable rent as defined in Section 50053
of the Health and Safety Code. Owner-occupied units shall be
available at an affordable housing cost as defined in Section 50052.5
of the Health and Safety Code.
(2) An applicant shall agree to, and the city, county, or city and
county shall ensure that, the initial occupant of the
moderate-income units that are directly related to the receipt of the
density bonus in the common interest development, as defined in
Section 1351 of the Civil Code, are persons and families of moderate
income, as defined in Section 50093 of the Health and Safety Code,
and that the units are offered at an affordable housing cost, as that
cost is defined in Section 50052.5 of the Health and Safety Code.
The local government shall enforce an equity-sharing agreement,
unless it is in conflict with the requirements of another public
funding source or law. The following apply to the equity-sharing
agreement:
(A) Upon resale, the seller of the unit shall retain the value of
any improvements, the downpayment, and the seller's proportionate
share of appreciation. The local government shall recapture any
initial subsidy and its proportionate share of appreciation, which
shall then be used within three years for any of the purposes
described in subdivision (e) of Section 33334.2 of the Health and
Safety Code that promote homeownership.
(B) For purposes of this subdivision, the local government's
initial subsidy shall be equal to the fair market value of the home
at the time of initial sale minus the initial sale price to the
moderate-income household, plus the amount of any downpayment
assistance or mortgage assistance. If upon resale the market value is
lower than the initial market value, then the value at the time of
the resale shall be used as the initial market value.
(C) For purposes of this subdivision, the local government's
proportionate share of appreciation shall be equal to the ratio of
the initial subsidy to the fair market value of the home at the time
of initial sale.
(d) (1) An applicant for a density bonus pursuant to subdivision
(b) may submit to a city, county, or city and county a proposal for
the specific incentives or concessions that the applicant requests
pursuant to this section, and may request a meeting with the city,
county, or city and county. The city, county, or city and county
shall grant the concession or incentive requested by the applicant
unless the city, county, or city and county makes a written finding,
based upon substantial evidence, of either of the following:
(A) The concession or incentive is not required in order to
provide for affordable housing costs, as defined in Section 50052.5
of the Health and Safety Code, or for rents for the targeted units to
be set as specified in subdivision (c).
(B) The concession or incentive would have a specific adverse
impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5, upon public health and safety or the physical environment or
on any real property that is listed in the California Register of
Historical Resources and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact without
rendering the development unaffordable to low- and moderate-income
households.
(2) The applicant shall receive the following number of incentives
or concessions:
(A) One incentive or concession for projects that include at least
10 percent of the total units for lower income households, at least
5 percent for very low income households, or at least 10 percent for
persons and families of moderate income in a common interest
development.
(B) Two incentives or concessions for projects that include at
least 20 percent of the total units for lower income households, at
least 10 percent for very low income households, or at least 20
percent for persons and families of moderate income in a common
interest development.
(C) Three incentives or concessions for projects that include at
least 30 percent of the total units for lower income households, at
least 15 percent for very low income households, or at least 30
percent for persons and families of moderate income in a common
interest development.
(3) The applicant may initiate judicial proceedings if the city,
county, or city and county refuses to grant a requested density
bonus, incentive, or concession. If a court finds that the refusal to
grant a requested density bonus, incentive, or concession is in
violation of this section, the court shall award the plaintiff
reasonable attorney's fees and costs of suit. Nothing in this
subdivision shall be interpreted to require a local government to
grant an incentive or concession that has a specific, adverse impact,
as defined in paragraph (2) of subdivision (d) of Section 65589.5,
upon health, safety, or the physical environment, and for which there
is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact. Nothing in this subdivision shall be
interpreted to require a local government to grant an incentive or
concession that would have an adverse impact on any real property
that is listed in the California Register of Historical Resources.
The city, county, or city and county shall establish procedures for
carrying out this section, that shall include legislative body
approval of the means of compliance with this section. The city,
county, or city and county shall also establish procedures for
waiving or modifying development and zoning standards that would
otherwise inhibit the utilization of the density bonus on specific
sites. These procedures shall include, but not be limited to, such
items as minimum lot size, side yard setbacks, and placement of
public works improvements.
(e) In no case may a city, county, or city and county apply any
development standard that will have the effect of precluding the
construction of a development meeting the criteria of subdivision (b)
at the densities or with the concessions or incentives permitted by
this section. An applicant may submit to a city, county, or city and
county a proposal for the waiver or reduction of development
standards and may request a meeting with the city, county, or city
and county. If a court finds that the refusal to grant a waiver or
reduction of development standards is in violation of this section,
the court shall award the plaintiff reasonable attorney's fees and
costs of suit. Nothing in this subdivision shall be interpreted to
require a local government to waive or reduce development standards
if the waiver or reduction would have a specific, adverse impact, as
defined in paragraph (2) of subdivision (d) of Section 65589.5, upon
health, safety, or the physical environment, and for which there is
no feasible method to satisfactorily mitigate or avoid the specific
adverse impact. Nothing in this subdivision shall be interpreted to
require a local government to waive or reduce development standards
that would have an adverse impact on any real property that is listed
in the California Register of Historical Resources.
(f) The applicant shall show that the waiver or modification is
necessary to make the housing units economically feasible.
(g) For the purposes of this chapter, "density bonus" means a
density increase over the otherwise maximum allowable residential
density under the applicable zoning ordinance and land use element of
the general plan as of the date of application by the applicant to
the city, county, or city and county. The applicant may elect to
accept a lesser percentage of density bonus. The amount of density
bonus to which the applicant is entitled shall vary according to the
amount by which the percentage of affordable housing units exceeds
the percentage established in subdivision (b).
(1) For housing developments meeting the criteria of subparagraph
(A) of paragraph (1) of subdivision (b), the density bonus shall be
calculated as follows:
Percentage Low-Income Percentage Density Bonus
Units
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
17 30.5
18 32
19 33.5
20 35
(2) For housing developments meeting the criteria of subparagraph
(B) of paragraph (1) of subdivision (b), the density bonus shall be
calculated as follows:
Percentage Very Low Percentage Density Bonus
Income Units
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
(3) For housing developments meeting the criteria of subparagraph
(C) of paragraph (1) of subdivision (b), the density bonus shall be
20 percent.
(4) For housing developments meeting the criteria of subparagraph
(D) of paragraph (1) of subdivision (b), the density bonus shall be
calculated as follows:
Percentage Moderate- Percentage Density Bonus
Income Units
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
(5) All density calculations resulting in fractional units shall
be rounded up to the next whole number. The granting of a density
bonus shall not be interpreted, in and of itself, to require a
general plan amendment, local coastal plan amendment, zoning change,
or other discretionary approval. As used in subdivision (b), "total
units" or "total dwelling units" does not include units permitted by
a density bonus awarded pursuant to this section or any local law
granting a greater density bonus. The density bonus provided by this
section shall apply to housing developments consisting of five or
more dwelling units.
(h) (1) When an applicant for a tentative subdivision map, parcel
map, or other residential development approval donates land to a
city, county, or city and county as provided for in this subdivision,
the applicant shall be entitled to a 15-percent increase above the
otherwise maximum allowable residential density under the applicable
zoning ordinance and land use element of the general plan for the
entire development, as follows:
Percentage Very Low Percentage Density Bonus
Income
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
(2) This increase shall be in addition to any increase in density
mandated by subdivision (b), up to a maximum combined mandated
density increase of 35 percent if an applicant seeks both the
increase required pursuant to this subdivision and subdivision (b).
All density calculations resulting in fractional units shall be
rounded up to the next whole number. Nothing in this subdivision
shall be construed to enlarge or diminish the authority of a city,
county, or city and county to require a developer to donate land as a
condition of development. An applicant shall be eligible for the
increased density bonus described in this subdivision if all of the
following conditions are met:
(A) The applicant donates and transfers the land no later than the
date of approval of the final subdivision map, parcel map, or
residential development application.
(B) The developable acreage and zoning classification of the land
being transferred are sufficient to permit construction of units
affordable to very low income households in an amount not less than
10 percent of the number of residential units of the proposed
development.
(C) The transferred land is at least one acre in size or of
sufficient size to permit development of at least 40 units, has the
appropriate general plan designation, is appropriately zoned for
development as affordable housing, and is or will be served by
adequate public facilities
and infrastructure. The land shall have appropriate zoning and
development standards to make the development of the affordable units
feasible. No later than the date of approval of the final
subdivision map, parcel map, or of the residential development, the
transferred land shall have all of the permits and approvals, other
than building permits, necessary for the development of the very low
income housing units on the transferred land, except that the local
government may subject the proposed development to subsequent design
review to the extent authorized by subdivision (i) of Section 65583.2
if the design is not reviewed by the local government prior to the
time of transfer.
(D) The transferred land and the affordable units shall be subject
to a deed restriction ensuring continued affordability of the units
consistent with paragraphs (1) and (2) of subdivision (c), which
shall be recorded on the property at the time of dedication.
(E) The land is transferred to the local agency or to a housing
developer approved by the local agency. The local agency may require
the applicant to identify and transfer the land to the developer.
(F) The transferred land shall be within the boundary of the
proposed development or, if the local agency agrees, within
one-quarter mile of the boundary of the proposed development.
(i) (1) When an applicant proposes to construct a housing
development that conforms to the requirements of subdivision (b) and
includes a child care facility that will be located on the premises
of, as part of, or adjacent to, the project, the city, county, or
city and county shall grant either of the following:
(A) An additional density bonus that is an amount of square feet
of residential space that is equal to or greater than the amount of
square feet in the child care facility.
(B) An additional concession or incentive that contributes
significantly to the economic feasibility of the construction of the
child care facility.
(2) The city, county, or city and county shall require, as a
condition of approving the housing development, that the following
occur:
(A) The child care facility shall remain in operation for a period
of time that is as long as or longer than the period of time during
which the density bonus units are required to remain affordable
pursuant to subdivision (c).
(B) Of the children who attend the child care facility, the
children of very low income households, lower income households, or
families of moderate income shall equal a percentage that is equal to
or greater than the percentage of dwelling units that are required
for very low income households, lower income households, or families
of moderate income pursuant to subdivision (b).
(3) Notwithstanding any requirement of this subdivision, a city,
county, or a city and county shall not be required to provide a
density bonus or concession for a child care facility if it finds,
based upon substantial evidence, that the community has adequate
child care facilities.
(4) "Child care facility," as used in this section, means a child
day care facility other than a family day care home, including, but
not limited to, infant centers, preschools, extended day care
facilities, and schoolage child care centers.
(j) "Housing development," as used in this section, means one or
more groups of projects for residential units constructed in the
planned development of a city, county, or city and county. For the
purposes of this section, "housing development" also includes a
subdivision or common interest development, as defined in Section
1351 of the Civil Code, approved by a city, county, or city and
county and consists of residential units or unimproved residential
lots and either a project to substantially rehabilitate and convert
an existing commercial building to residential use or the substantial
rehabilitation of an existing multifamily dwelling, as defined in
subdivision (d) of Section 65863.4, where the result of the
rehabilitation would be a net increase in available residential
units. For the purpose of calculating a density bonus, the
residential units do not have to be based upon individual subdivision
maps or parcels. The density bonus shall be permitted in geographic
areas of the housing development other than the areas where the units
for the lower income households are located.
(k) The granting of a concession or incentive shall not be
interpreted, in and of itself, to require a general plan amendment,
local coastal plan amendment, zoning change, or other discretionary
approval. This provision is declaratory of existing law.
(l) For the purposes of this chapter, concession or incentive
means any of the following:
(1) A reduction in site development standards or a modification of
zoning code requirements or architectural design requirements that
exceed the minimum building standards approved by the
California Building Standards Commission Department of
General Services as provided in Part 2.5 (commencing with
Section 18901) of Division 13 of the Health and Safety Code,
including, but not limited to, a reduction in setback and square
footage requirements and in the ratio of vehicular parking spaces
that would otherwise be required that results in identifiable,
financially sufficient, and actual cost reductions.
(2) Approval of mixed use zoning in conjunction with the housing
project if commercial, office, industrial, or other land uses will
reduce the cost of the housing development and if the commercial,
office, industrial, or other land uses are compatible with the
housing project and the existing or planned development in the area
where the proposed housing project will be located.
(3) Other regulatory incentives or concessions proposed by the
developer or the city, county, or city and county that result in
identifiable, financially sufficient, and actual cost reductions.
This subdivision does not limit or require the provision of direct
financial incentives for the housing development, including the
provision of publicly owned land, by the city, county, or city and
county, or the waiver of fees or dedication requirements.
(m) Nothing in this section shall be construed to supersede or in
any way alter or lessen the effect or application of the California
Coastal Act (Division 20 (commencing with Section 30000) of the
Public Resources Code.
(n) Nothing in this section shall be construed to prohibit a city,
county, or city and county from granting a density bonus greater
than what is described in this section for a development that meets
the requirements of this section or from granting a proportionately
lower density bonus than what is required by this section for
developments that do not meet the requirements of this section.
(o) For purposes of this section, the following definitions shall
apply:
(1) "Development standard" includes site or construction
conditions that apply to a residential development pursuant to any
ordinance, general plan element, specific plan, charter amendment, or
other local condition, law, policy, resolution, or regulation.
(2) "Maximum allowable residential density" means the density
allowed under the zoning ordinance, or if a range of density is
permitted, means the maximum allowable density for the specific
zoning range applicable to the project.
(p) (1) Upon the request of the developer, no city, county, or
city and county shall require a vehicular parking ratio, inclusive of
handicapped and guest parking, of a development meeting the criteria
of subdivision (b), that exceeds the following ratios:
(A) Zero to one bedrooms: one onsite parking space.
(B) Two to three bedrooms: two onsite parking spaces.
(C) Four and more bedrooms: two and one-half parking spaces.
(2) If the total number of parking spaces required for a
development is other than a whole number, the number shall be rounded
up to the next whole number. For purposes of this subdivision, a
development may provide "onsite parking" through tandem parking or
uncovered parking, but not through onstreet parking.
(3) This subdivision shall apply to a development that meets the
requirements of subdivision (b) but only at the request of the
applicant. An applicant may request additional parking incentives or
concessions beyond those provided in this section, subject to
subdivision (d).
SEC. 887. Section 87406 of the
Government Code is amended to read:
87406. (a) This section shall be known, and may be cited, as the
Milton Marks Postgovernment Employment Restrictions Act of 1990.
(b) No Member of the Legislature, for a period of one year after
leaving office, shall, for compensation, act as agent or attorney
for, or otherwise represent, any other person by making any formal or
informal appearance, or by making any oral or written communication,
before the Legislature, any committee or subcommittee thereof, any
present Member of the Legislature, or any officer or employee
thereof, if the appearance or communication is made for the purpose
of influencing legislative action.
(c) No elected state officer, other than a Member of the
Legislature, for a period of one year after leaving office, shall,
for compensation, act as agent or attorney for, or otherwise
represent, any other person by making any formal or informal
appearance, or by making any oral or written communication, before
any state administrative agency, or any officer or employee thereof,
if the appearance or communication is for the purpose of influencing
administrative action, or influencing any action or proceeding
involving the issuance, amendment, awarding, or revocation of a
permit, license, grant, or contract, or the sale or purchase of goods
or property. For purposes of this subdivision, an appearance before
a "state administrative agency" does not include an appearance in a
court of law, before an administrative law judge, or before the
Workers' Compensation Employment and Benefits
Appeals Board.
(d) (1) No designated employee of a state administrative agency,
any officer, employee, or consultant of a state administrative agency
who holds a position which entails the making, or participation in
the making, of decisions which may foreseeably have a material effect
on any financial interest, and no member of a state administrative
agency, for a period of one year after leaving office or employment,
shall, for compensation, act as agent or attorney for, or otherwise
represent, any other person, by making any formal or informal
appearance, or by making any oral or written communication, before
any state administrative agency, or officer or employee thereof, for
which he or she worked or represented during the 12 months before
leaving office or employment, if the appearance or communication is
made for the purpose of influencing administrative or legislative
action, or influencing any action or proceeding involving the
issuance, amendment, awarding, or revocation of a permit, license,
grant, or contract, or the sale or purchase of goods or property. For
purposes of this paragraph, an appearance before a state
administrative agency does not include an appearance in a court of
law, before an administrative law judge, or before the
Workers' Compensation Employment and Benefits
Appeals Board. The prohibition of this paragraph shall only apply to
designated employees employed by a state administrative agency on or
after January 7, 1991.
(2) For purposes of paragraph (1), a state administrative agency
of a designated employee of the Governor's office includes any state
administrative agency subject to the direction and control of the
Governor.
(e) The prohibitions contained in subdivisions (b), (c), and (d)
shall not apply to any individual subject to this section who is or
becomes any of the following:
(1) An officer or employee of another state agency, board, or
commission if the appearance or communication is for the purpose of
influencing legislative or administrative action on behalf of the
state agency, board, or commission.
(2) An official holding an elective office of a local government
agency if the appearance or communication is for the purpose of
influencing legislative or administrative action on behalf of the
local government agency.
(f) This section shall become operative on January 1, 1991, but
only if Senate Constitutional Amendment No. 32 of the 1989-90 Regular
Session is approved by the voters. With respect to Members of the
Legislature whose current term of office on January 1, 1991, began in
December 1988, this section shall not apply until January 1, 1993.
SEC. 888. The heading of Division 1 (commencing
with Section 30) of the Harbors and Navigation Code
is amended to read:
DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND
THE BOATING AND WATERWAYS COMMISSION
SEC. 889. Section 31 of the Harbors and
Navigation Code is repealed.
31. "Commission" means the Boating and Waterways Commission.
SEC. 890. Section 62.9 of the Harbors
and Navigation Code is amended to read:
62.9. Upon request, the department shall make available to
persons owning or operating small craft harbors , such
information as is available to the
commission department concerning the
following:
(a) The maintenance and improvement of existing small craft harbor
facilities.
(b) The application of new technical materials and concepts.
(c) The preparation of feasibility reports, environmental impact
reports, permits, and other steps required to develop new small craft
harbor facilities.
SEC. 891. Section 63 is added to the
Harbors and Navigation Code , to read:
63. (a) The Boating and Waterways Commission is hereby abolished.
(b) The department or the director, as appropriate, succeeds to,
and is vested with, all the duties, powers, purposes,
responsibilities, and jurisdiction of the Boating and Waterways
Commission.
(c) Hereafter, any reference in law to the Boating and Waterways
Commission, the Harbors and Watercraft Commission, or the Navigation
and Ocean Development Commission shall be construed as a reference to
the department or the director, as applicable.
(d) All officers and employees of the Boating and Waterways
Commission who are serving in the state civil service, other than as
temporary employees, shall be transferred to the department. The
status, positions, and rights of those persons shall not be affected
by the transfer and shall be retained by those persons as officers
and employees of the department, pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2
of the Government Code), except as to positions exempt from the civil
service.
(e) The department or director, as appropriate, shall have
possession and control of all records, papers, offices, equipment,
supplies, moneys, funds, appropriations, licenses, permits,
agreements, contracts, claims, judgments, land, and other property,
real or personal, connected with the administration of, or held for,
the benefit or use of the Boating and Waterways Commission.
(f) Any regulation or other action, adopted, prescribed, taken, or
performed by an agency or officer in the administration of a program
or the performance of a duty, responsibility, or authorization
transferred pursuant to this section shall remain in effect and shall
be deemed to be a regulation or action of the agency or officer to
whom the program, duty, responsibility, or authorization is
transferred.
(g) No suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty,
responsibility, or authorization transferred pursuant to this
section, shall abate by reason of the transfer of the program, duty,
responsibility, or authorization under this section.
(h) The unexpended balance of funds that were available for use by
the Boating and Waterways Commission in carrying out functions
transferred to the department under this section shall be made
available for the use of the department.
SEC. 892. Section 63.3 is added to the
Harbors and Navigation Code , to read:
63.3. The department shall cause studies and surveys to be made
of the need for small craft harbors and connecting waterways
throughout the state and the most suitable sites therefor.
SEC. 893. Section 63.6 of the Harbors
and Navigation Code is amended to read:
63.6. (a) (1) On or before January 15 of each odd-numbered year,
the director shall make a report to the commission, the
Legislature , and the Governor covering
the operations of the department for the preceding biennium.
(2) With respect to Article 5 (commencing with Section 76), the
report shall include all of the following:
(A) The total amount of loans made in each of the two fiscal years
immediately preceding the preparation and submission of the report.
(B) For each recipient of a loan during each of the two fiscal
years immediately preceding the preparation and submission of the
report, the recipient's name, the location of the marina for which
the loan was made, and the amount of the loan.
(C) The financial status of each loan.
(D) Any legislative recommendations.
(3) The report shall also include the status of the department's
activities related to the monitoring of rates pursuant to Section
71.4 and subdivision (d) of Section 76.7.
(4) The report shall also include an evaluation of the public
participation in the personal watercraft education course developed
by the department pursuant to subdivision (b) of Section 668.3 and a
determination of the effect of the course on personal watercraft
safety in California.
(b) The department shall also make any special reports that are
requested by the Secretary of Resources or the Governor.
SEC. 894. Section 71.7 of the Harbors
and Navigation Code is amended to read:
71.7. Notwithstanding any other provision of this chapter,
Section 82, or any contract or agreement to the contrary, loan
payments on the loan on behalf of Spud Point Marina in the County of
Sonoma, as authorized by Schedule (b)(8) of Item 3680-101-516 of
Section 2.00 of the Budget Act of 1982, and administered by the
department, may be renegotiated by the department and the County of
Sonoma , with the advice and consent of the commission,
to solve the fiscal problems involving the marina existing
on the effective date of this section as enacted during the 1994
portion of the 1993-94 Regular Session.
SEC. 895. Section 72.6 of the Harbors
and Navigation Code is amended to read:
72.6. Transfers pursuant to Section 70, loans pursuant to Section
71.4, and grants pursuant to Section 72.5 shall be made by the
department with the advice and consent of the commission
.
SEC. 896. Section 76.5 of the Harbors
and Navigation Code is amended to read:
76.5. In processing applications under this article, the
department shall give priority to applications from private marina
owners who have not received previous loans from the department.
If the department finds a proposed loan project is feasible,
the loan request shall be submitted to the commission for its advice
and consent.
SEC. 897. Chapter 3 (commencing with Section 80)
of Division 1 of the Harbors and Navigation Code
is repealed.
SEC. 898. Section 704 of the Harbors
and Navigation Code is repealed.
704. In accordance with the provisions of Section 82 of this
code, the commission shall advise the department with respect to all
matters relating to the administration of this act. The department
shall submit any proposed regulations or changes in regulations
pertaining to this act for review and comment by the commission prior
to enactment.
SEC. 899. Section 1106 of the Harbors
and Navigation Code is amended to read:
1106. No fine or other penalty authorized by the
provisions of this division, nor any revocation or
suspension of a pilot license or commission except as provided in
Section 1180, may be imposed by the board
department without a full and open prior public hearing on the
matter.
SEC. 900. Section 1111 of the Harbors
and Navigation Code is repealed.
1111. "Board" means the Board of Pilot Commissioners for the Bays
of San Francisco, San Pablo, and Suisun.
SEC. 901. Section 1111 is added to the
Harbors and Navigation Code , to read:
1111. (a) "Department" means the Department of Consumer Affairs.
(b) "Director" means the Director of Consumer Affairs.
SEC. 902. Section 1125 of the Harbors
and Navigation Code is amended to read:
1125. (a) Pilots licensed by the board
department have exclusive authority, to the extent not provided
otherwise by federal law, to pilot vessels from the high seas to
Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun and
the ports thereof, and from those bays and ports to the high seas.
They shall also have exclusive authority to pilot vessels within and
along the waters of those bays, except as otherwise set forth in this
division.
(b) Nothing in this division shall interfere with pilotage
regulations of Monterey Bay and of the Ports of Sacramento and
Stockton, nor prevent the regulatory authority of those ports from
utilizing the pilots licensed pursuant to this division.
SEC. 903. Section 1126 of the Harbors
and Navigation Code is amended to read:
1126. (a) Every person who does not hold a license as a pilot or
as an inland pilot issued pursuant to this division, and who pilots
any vessel into or out of any harbor or port of Monterey Bay and the
Bay of San Francisco, San Pablo, or Suisun, or who acts as a pilot
for ship movements or special operations upon the waters of any of
those bays, is guilty of a misdemeanor. In addition to the fines or
other penalties provided by law, the court may order that person to
pay to the pilot who is entitled to pilot the vessel the amount of
pilotage fees collected. No fees shall be paid for pilotage if a
state-licensed pilot refuses to join the vessel under paragraph (5)
of subdivision (c).
(b) Any person may also be enjoined from engaging in the pilotage
prescribed by subdivision (a) by a court of competent jurisdiction.
(c) This section does not apply to any of the following persons:
(1) The master of a vessel who has relieved the pilot to ensure
the safe operation of the vessel, but only from the point where the
pilot is relieved to the closest safe berth or anchorage, or the high
seas if closer than a safe berth or anchorage.
(2) Persons piloting vessels pursuant to the valid regulatory
authority of the Port of Sacramento or the Port of Stockton.
(3) Persons piloting vessels sailing under an enrollment, as
specified in Section 1127.
(4) Persons piloting vessels pursuant to Section 1179.
(5) Persons piloting vessels when a state-licensed pilot refuses
to join the vessel. However, a vessel may not hire a pilot not
licensed by the state until a representative of the vessel notifies
the port agent or his or her designee that the vessel will hire a
pilot not licensed by the state unless a state-licensed pilot offers
to join the vessel immediately. The port agent or his or her designee
shall notify the executive director of
the board or his or her designee that this paragraph
applies.
(d) The exemption set forth in paragraph (5) of subdivision (c)
does not apply in instances where a state licensed pilot refuses to
join a vessel because of suspected safety violations concerning that
vessel's pilot hoists or pilot ladders.
SEC. 904. Section 1127 of the Harbors
and Navigation Code is amended to read:
1127. (a) The Legislature finds and declares that it is the
policy of the state to ensure the safety of persons, property, and
vessels using the waters of Monterey Bay and the Bays of San
Francisco, San Pablo, and Suisun and to avoid damage to those waters
and surrounding ecosystems as a result of vessel collision or damage
by providing competent, efficient, and regulated pilotage for vessels
required by this division to secure pilotage services.
(b) Nothing in this section shall supersede, modify, or otherwise
alter pilot practices that are not safety related, including, but not
limited to, the determination of rates charged for pilot services or
employer-employee relationships for individuals, agencies, or
organizations involved in providing pilotage services between any
port of Monterey Bay and the Bays of San Francisco, San Pablo, and
Suisun and any other port of the United States that is in existence
on December 31, 1995, or otherwise abridge the authority of local
port or harbor districts relating to pilotage in effect on December
31, 1995.
(c) The board department shall
regulate pilotage on waters of the state as provided in this
division.
(d) Every vessel sailing under a coastwise license or
appropriately endorsed registry and engaged in the coasting trade
between any port of Monterey Bay and the Bays of San Francisco, San
Pablo, and Suisun and any other port of the United States is exempt
from all pilotage charges unless a pilot or inland pilot is actually
employed. Every foreign vessel and every vessel bound between a
foreign port and any port of Monterey Bay and the Bays of San
Francisco, San Pablo, and Suisun, and every vessel sailing under a
register between any port of Monterey Bay and the Bays of San
Francisco, San Pablo, and Suisun and any other port of the United
States, shall use a pilot or inland pilot holding a license issued
pursuant to this division, except as otherwise provided by law.
(e) Subdivision (d) does not apply to a vessel that is less than
300 gross tons and is manufactured and used for private recreation.
SEC. 905. Section 1130 of the
Harbors and Navigation Code is amended to read:
1130. A majority of all of the pilots licensed by the
board department shall appoint one pilot to act
as port agent to carry out the orders of the board
department , other applicable laws, and otherwise
administer the affairs of the pilots. The appointment is subject to
the confirmation of the board department
.
SEC. 906. Section 1131 of the Harbors
and Navigation Code is amended to read:
1131. Pilots shall at all times keep, for their exclusive use,
vessels of such description and condition as the board
department may direct.
SEC. 907. Section 1136 of the Harbors
and Navigation Code is amended to read:
1136. Every pilot and inland pilot licensed pursuant to this
division shall do all of the following:
(a) Take an oath of office in the manner prescribed by law.
(b) Submit monthly to the board department
a verified account of all moneys or other compensation
received by the pilot or inland pilot as a result of pilotage
services, or by any other person for the pilot or inland pilot, or on
the pilot's or inland pilot's account, on the forms furnished by the
board department .
SEC. 908. Section 1137 of the Harbors
and Navigation Code is amended to read:
1137. (a) The account shall show all of the following:
(1) The name of each vessel piloted.
(2) The name of the vessel's master.
(3) The name of each vessel for which pilotage has been charged or
collected.
(4) The amount charged to or collected from each.
(5) Any rebates made and allowed and for what amounts.
(6) Where the vessel is registered.
(7) The depth of each vessel's draft and its highest gross
tonnage.
(8) Whether the vessel was inward or outward bound.
(b) The administrative assistant/secretary of the board
department shall record the accounts in full
detail in a book prepared for that purpose. The account book is a
public record.
SEC. 909. Chapter 2 (commencing with Section 1150)
of Division 5 of the Harbors and Navigation Code
is repealed.
SEC. 910. Chapter 2 (commencing with Section 1150)
is added to Division 5 of the Harbors and Navigation Code
, to read:
CHAPTER 2. REGULATION OF PILOTS
1150. (a) The Board of Pilot Commissioners for the Bays of San
Francisco, San Pablo, and Suisun is hereby abolished.
(b) The department or the director, as appropriate, succeeds to,
and is vested with, all the duties, powers, purposes,
responsibilities, and jurisdiction of the board.
(c) Hereafter, any reference in law to the Board of Pilot
Commissioners for the Bays of San Francisco, San Pablo, and Suisun
shall be construed as a reference to the department or the director,
as applicable, unless the context otherwise requires.
(d) All officers and employees of the board who are serving in the
state civil service, other than as temporary employees, shall be
transferred to the department. The status, positions, and rights of
those persons shall not be affected by the transfer and shall be
retained by those persons as officers and employees of the
department, pursuant to the State Civil Service Act (Part 2
(commencing with Section 18500) of Division 5 of Title 2 of the
Government Code), except as to positions exempt from the civil
service.
(e) The department or director, as appropriate, shall have
possession and control of all records, papers, offices, equipment,
supplies, moneys, funds, appropriations, licenses, permits,
agreements, contracts, claims, judgments, land, and other property,
real or personal, connected with the administration of, or held for,
the benefit or use of the board.
(f) Any regulation or other action, adopted, prescribed, taken, or
performed by an agency or officer in the administration of a program
or the performance of a duty, responsibility, or authorization
transferred pursuant to this section shall remain in effect and shall
be deemed to be a regulation or action of the agency or officer to
whom the program, duty, responsibility, or authorization is
transferred.
(g) No suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty,
responsibility, or authorization transferred pursuant to this
section, shall abate by reason of the transfer of the program, duty,
responsibility, or authorization under this section.
(h) The unexpended balance of funds that were available for use by
the board in carrying out functions transferred to the department
under this section shall be made available for the use of the
department.
1152. (a) Whenever suspected safety standard violations
concerning pilot hoists, pilot ladders, or the proper rigging of
pilot hoists or pilot ladders are reported to the department, the
director shall assign an investigator to personally inspect the
equipment for its compliance with the relevant safety standards
promulgated by the United States Coast Guard and the International
Maritime Organization. The investigator shall report preliminary
conclusions, including an assessment of the equipment's compliance
with the relevant safety standards, to the director as soon as
possible. If the equipment is found to be in violation of the
relevant safety standards, the director shall immediately alert the
Coast Guard Marine Safety Office. The investigator shall submit a
written report to the incident review committee as established by
subdivision (a) of Section 1180.3. The incident review committee, in
turn, shall report its findings to the department. The department
shall receive the incident review committee's findings which may
include other reports, information, or statements from interested
parties. The department shall specify, by regulation, the information
which shall be contained in the report.
(b) This section applies to the pilotage grounds, as defined in
Section 1114.5. Whenever a vessel passes outside the pilotage
grounds, the investigator's report shall include that fact along with
a description of the incident.
(c) The record of the investigation and the department's findings
and recommendations, if any, shall be a public record maintained by
the board for 10 years.
1154. (a) The Board of Pilot Commissioner's Special Fund is
hereby continued in the State Treasury as the Pilot Commissioner's
Special Fund.
(b) All moneys received by the department pursuant to the
provisions of any law shall be accounted for at the close of each
month to the Controller in the form which the Controller may
prescribe and, at the same time on the order of the Controller, all
these moneys shall be paid into the State Treasury to the credit of
the Pilot Commissioner's Special Fund.
(c) Notwithstanding Section 13340 of the Government Code, the
moneys deposited in the State Treasury to the credit of the Pilot
Commissioner's Special Fund are hereby appropriated without regard to
fiscal years for the payment of the compensation and expenses
incurred under this division by the department, and to fund the
training programs established under this division.
1156. (a) The director shall impose, and each vessel shall pay, a
board operations surcharge, the purpose of which is to fully
compensate the department for its official services, for the services
of its staff, and for all its incidental expenses.
(b) The amount of the surcharge shall be 7.5 percent of all
pilotage fees charged by pilots and inland pilots pursuant to
Sections 1190 and 1191, unless the department establishes, with the
approval of the Department of Finance, a lesser percentage.
(c) The surcharge shall be billed and collected by the pilots and
inland pilots. The pilots and inland pilots shall pay all surcharges
collected by them to the department monthly or at such later time as
the department may direct.
(d) The department shall quarterly review its ongoing and
anticipated expenses and adjust the surcharge to reflect any changes
that have occurred since the last adjustment.
SEC. 911. Section 1162 of the Harbors
and Navigation Code is amended to read:
1162. (a) The pension plan shall be administered and all benefit
payments shall be made by one or more fiduciary agents selected by
the board department . Except for the
collection of revenues in accordance with Section 1165 and
the pilots serving as members of the board , and unless
otherwise directed by the board department
, the pilots shall have no control of any kind or manner over
the operation, administration, or management of the plan.
(b) All revenues pursuant to the plan shall be collected by the
pilots, at no cost to the state or board , and
transmitted monthly to the fiduciary agent or agents. The revenues
shall not be included in the account required by Section 1136.
SEC. 912. Section 1163 of the Harbors
and Navigation Code is amended to read:
1163. (a) (1) (A) Each retired pilot and inland pilot, who has
completed 25 full years of service as a pilot or inland pilot, or
both, shall receive, as a target monthly pension, an amount that is
initially equal to 46 percent of an amount that is an average of the
highest three of the last five years of audited annual average net
income per pilot, prior to the pilot's or inland pilot's retirement,
divided by 12, which initial target monthly pension amount shall be
subject to periodic adjustment pursuant to Section 1167. Pilots or
inland pilots with other than 25 full years of service as a pilot or
inland pilot, or both, shall receive a monthly pension in an amount
that is determined by multiplying the above calculated target monthly
pension by a fraction, the numerator of which shall be the number of
full years of service that the pilot or inland pilot has rendered
and the denominator of which shall be 25 years, which initial monthly
pension amount shall be subject to periodic adjustment pursuant to
Section 1167.
(B) Each disabled pilot or inland pilot shall receive as an
initial target monthly pension an amount that is based on 46 percent
of the greater of the following, which amount shall be subject to
periodic adjustment pursuant to Section 1167:
(i) An amount that is the average of the highest three of the last
five years of audited annual average net income per pilot divided by
12 and multiplied by a fraction, the numerator of which shall be the
number of full years of service that the pilot or inland pilot has
rendered and the denominator of which shall be 25 years.
(ii) The audited annual average net income per pilot, for the last
year prior to the pilot's or inland pilot's disability, divided by
12 and multiplied by a fraction, the numerator of which shall be the
number of full years of service that the pilot or inland pilot has
rendered and the denominator of which shall be 25 years.
(C) Each pilot who retired before January 1, 1985, shall receive
as an initial target monthly pension an amount that is one hundred
seventy-eight dollars ($178) multiplied by the number of full years
of service he or she performed as a pilot licensed under this
division, which amount shall be subject to periodic adjustment
pursuant to Section 1167.
(D) Each pilot who retired on or after January 1, 1985, or each
inland pilot who retired after January 1, 1993, shall receive as an
initial target monthly pension an amount that is the greater of the
following, which amount shall be subject to periodic adjustment
pursuant to Section 1167:
(i) An amount that is calculated by multiplying one hundred
seventy-eight dollars ($178) by the number of full years of service
the pilot or inland pilot performed as a pilot or inland pilot
licensed under this division.
(ii) An amount that is 46 percent of the average of the highest
three of the last five years of audited annual average net income per
pilot, prior to the pilot's or inland pilot's retirement, divided by
12 and multiplied by a fraction, the numerator of which is the pilot'
s or inland pilot's actual number of full years of service and the
denominator of which is 25 years.
(2) A pilot or inland pilot who retires or becomes disabled shall
not begin to receive a pension until the beginning of the benefit
payment period next following the date on which the pilot or inland
pilot retires or becomes disabled.
(3) A pilot or inland pilot shall not receive any benefits
pursuant to the pension plan in any benefit payment period unless the
pilot's or inland pilot's resignation as an active pilot or inland
pilot specifying a proposed date of retirement was submitted, in
writing, to the board department ,
prior to November if the pilot's or inland pilot's retirement is to
be effective the first day of the following January, prior to
February if the pilot's or inland pilot's retirement is to be
effective the first day of the following April, prior to May if the
pilot's or inland pilot's retirement is to be effective the first day
of the following July, or prior to August if the pilot's or inland
pilot's retirement is to be effective the first day of the following
October. The pilot's or inland pilot's resignation as an active pilot
or inland pilot shall become effective on either January 1, April 1,
July 1, or October 1, as specified in the written resignation.
(4) If a retired or disabled pilot or inland pilot who is
receiving a pension dies without a surviving spouse, the pilot's or
inland pilot's successor in interest shall receive the monthly
pension for the remainder of the benefit payment period within which
the death occurs, after which time the monthly pension shall cease.
(b) (1) The surviving spouse of a deceased pilot who is eligible
for a pension pursuant to paragraph (1) of subdivision (e) of Section
1164 and the surviving spouse of a deceased inland pilot who is
eligible for a pension pursuant to paragraph (2) of subdivision (e)
of Section 1164 shall each receive, as a monthly pension,
three-fourths of the amount that the deceased pilot or inland pilot
would have received as a monthly pension pursuant to this section had
the pilot or inland pilot lived, calculated as if the deceased pilot
or inland pilot had been disabled pursuant to subparagraph (B) of
paragraph (1) of subdivision (a).
(2) If a retired or disabled pilot or inland pilot who was
receiving a pension dies, the surviving spouse shall continue to
receive the full amount of the monthly pension to which the deceased
pilot or inland pilot was entitled for the balance of the benefit
payment period within which the death occurs, after which the
surviving spouse shall receive the amount specified in paragraph (1).
(3) If a surviving spouse receiving a pension dies, the surviving
spouse's successor in interest shall receive the monthly pension for
the remainder of the benefit payment period within which the death
occurs, after which time the monthly pension shall cease.
(c) For the purpose of the computations described in paragraph (1)
of subdivision (a), six months or more of service by a pilot or
inland pilot shall be considered a full year.
(d) Except as provided otherwise in this section and paragraph (4)
of subdivision (e) of Section 1164, monthly pension amounts payable
pursuant to this section to retired pilots and inland pilots and to
their surviving spouses are payable for the life of that retired
pilot, inland pilot, or spouse.
(e) To determine an inland pilot's full years of service under
this chapter, any periods of service that an inland pilot has
performed as a pilot shall be added to any service time performed as
an inland pilot after January 1, 1987.
(f) In calculating the benefits of a retired or disabled pilot who
was issued an original pilot's license in 1985 and who was not
thereafter issued an inland pilot's license, or in calculating the
benefits of the widow of such a pilot who is deceased, the number of
years of service used in the calculation shall be the greater of the
following:
(1) The actual number of full years of service the pilot has
rendered.
(2) Ten years.
SEC. 913. Section 1164 of the Harbors
and Navigation Code is amended to read:
1164. (a) Except as provided in subdivision (b), a pilot shall be
eligible for the pension provided in Section 1163 if the pilot meets
all of the following requirements:
(1) Held a license as a pilot and served at least 10 years in that
capacity or has attained 62 years of age, whichever occurs first.
(2) Retired after January 1, 1972.
(3) Is at least 60 years of age.
(b) A disabled pilot shall be eligible for the pension provided in
Section 1163 if it has been determined by the board
department , based upon competent medical
evidence, that the pilot is unable to perform the duties of a pilot.
As used in this chapter, "disabled" means a disability of permanent
or extended and uncertain duration, as determined by the
board department , on the basis of competent
medical opinion.
(c) Except as provided in subdivision (d), an inland pilot shall
be eligible for the pension provided in Section 1163 if the inland
pilot meets all of the following requirements:
(1) Held a license as an inland pilot and served at least 10 years
in that capacity after January 1, 1987, or has attained 62 years of
age, whichever occurs first.
(2) Retired after January 1, 1987.
(3) Is at least 60 years of age.
(4) Since January 1, 1987, has held himself or herself out as
providing pilotage assistance to the entire shipping industry
consistent with the inland pilot's license.
(5) For services provided after January 1, 1994, performs a
minimum of 75 assignments per calendar year unless excused from
performance of that requirement due to medical needs satisfactory to
the board department .
(d) A disabled inland pilot who meets the requirements of
paragraph (4) of subdivision (c) shall be eligible for the pension
provided in Section 1163 if it has been determined by the
board department , based upon competent medical
evidence, that the inland pilot is unable to perform the duties of an
inland pilot.
(e) (1) A surviving spouse of a deceased pilot shall be eligible
for the pension provided in subdivision (b) of Section 1163 if that
deceased pilot died after January 1, 1972, and that deceased pilot
had held a license as a pilot.
(2) A surviving spouse of a deceased inland pilot shall be
eligible for the pension provided in subdivision (b) of Section 1163
if the deceased inland pilot died after January 1, 1987, had held a
license as an inland pilot, and since January 1, 1987, had held
himself or herself out as providing pilotage assistance to the entire
shipping industry consistent with the inland pilot's license.
(3) In order for a surviving spouse to be eligible for any pension
benefits pursuant to this chapter, the surviving spouse shall have
been legally married to the deceased pilot or inland pilot for at
least one year prior to the deceased pilot's or inland pilot's death.
(4) A surviving spouse of a deceased pilot or inland pilot shall
neither be eligible for, nor receive, pension benefits pursuant to
this chapter if the surviving spouse remarries. If a surviving spouse
who is receiving a monthly pension under this chapter remarries, the
surviving spouse's successor in interest shall receive the amount of
the monthly pension for the remainder of the benefit payment period
as if the surviving spouse had died, in accordance with paragraph (3)
of subdivision (b) of Section 1163.
SEC. 914. Section 1166 of the Harbors
and Navigation Code is amended to read:
1166. (a) The benefits actually paid out each month by the
fiduciary agent or agents designated by the board
department to all retired and disabled pilots and inland
pilots, to surviving spouses of deceased pilots and inland pilots,
and to successors in interest shall be equal to the revenue received
pursuant to Section 1165 during the preceding month less the expenses
of the fiduciary agent or agents incurred during that month. The
revenue, whether greater or less than the amount used in determining
the tonnage rates under this chapter to provide the aggregate target
pensions to which those persons are entitled according to Section
1163, shall be paid to each of them in proportion to the relative
target amounts to which they are entitled, after payment of the
expenses of the fiduciary agent or agents.
(b) Revenues for any month or year are the amounts to be received
pursuant to the pension plan for pilotage during that month or year.
The fiduciary agent or agents shall determine which accounting system
shall be used to make the payment, provided that, if the accrual
method is used, it shall be subject to later equitable adjustments
for unpaid receivables.
(c) Benefits pursuant to the new rate calculations shall be paid
commencing in February, May, August, and November of each year and
shall continue through, and include, the next following April, July,
October, and January, respectively, so that each benefit pension
period equals three months of payments. The period during which
benefits are paid is the benefit payment period.
SEC. 915. Section 1167 of the Harbors
and Navigation Code is amended to read:
1167. (a) The board department
shall review the benefits received by retired or disabled pilots and
inland pilots and their surviving spouses every three years or when
the cumulative percentage increase in the Consumer Price Index (San
Francisco Bay Area) area) has exceeded
12 percent, whichever occurs first.
(b) The board department may
increase the monthly pensions specified in Section 1163. Those
increases shall take into consideration the maritime industry
practice in the United States as brought to the attention of the
board department by the pilots, inland
pilots, or the industry. The increase shall not exceed 50 percent of
the cumulative increase in the Consumer Price Index (San Francisco
Bay Area) area) . Monthly pensions for
retired pilots, inland pilots, or their surviving spouses who have
been retired less than the full three-year interval between
adjustments shall increase on a pro rata basis according to the
number of months that those persons have been retired prior to that
adjustment.
SEC. 916. Section 1168 of the Harbors
and Navigation Code is amended to read:
1168. The board department may
review the pension plan and make any recommendations it deems
necessary for changes in the plan. Monthly pensions shall not be
adjusted except as provided by Section 1167.
SEC. 917. Section 1170 of the Harbors
and Navigation Code is amended to read:
1170. The board department shall
appoint and license the number of pilots which
that is sufficient to carry out the purposes of this
division.
SEC. 918. Section 1170.1 of the Harbors
and Navigation Code is amended to read:
1170.1. In determining the number of pilots needed, pursuant to
Section 1170, the board department
shall take into consideration the findings and declarations in
Sections 1100 and 1101, the results of an audit made pursuant to, and
the factors specified in, Section 1203, the industry's current
economic trends, fluctuations in the number of vessel calls, the size
of vessels, and whether the need for pilotage is increasing or
decreasing.
SEC. 919. Section 1170.2 of the Harbors
and Navigation Code is amended to read:
1170.2. Before changing the number of pilots which
that may be licensed pursuant to this division,
the board department shall conduct a
hearing pursuant to Article 9 (commencing with Section 11120) of
Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 920. Section 1170.3 of the Harbors
and Navigation Code is amended to read:
1170.3. (a) The board department
shall adopt, by regulation, a pilot's conflict-of-interest code,
which shall include, but need not be limited to, a provision
specifying that a pilot shall not have any interest in, or derive any
income from, any tugboat in operation on Monterey Bay and the Bays
of San Francisco, San Pablo, and Suisun. This requirement of
divestiture does not apply to the ownership of barges and vessels
similar to barges.
(b) The conflict-of-interest code shall not prohibit the ownership
of stock in any corporation registered on a national securities
exchange or on the National Market System of the NASDAQ Stock Market,
pursuant to Section 78f of Title 15 of the United States Code, which
may own tugboats in operation on Monterey Bay and the Bays of San
Francisco, San Pablo, and Suisun.
SEC. 921. Section 1171 of the Harbors
and Navigation Code is amended to read:
1171. (a) The board department
shall have the sole authority to determine the qualifications for
obtaining a license as a pilot or inland pilot pursuant to this
division, determine who shall have such a the
license, and issue the license.
(b) All persons possessing a valid state pilot's license on
January 1, 1985, are hereby licensed as if the license was granted by
the board department .
SEC. 922. Section 1171.5 of the Harbors
and Navigation Code is amended to read:
1171.5. (a) The board department
shall adopt, by regulation, licensing standards that equal or exceed
standards for obtaining federal endorsements and that conform with
and support the state policy specified in Sections 1100 and 1101.
(b) The
board department shall adopt reasonable rules
and regulations that require pilots to be qualified to perform all
pilot duties.
(c) The board department shall
adopt, by regulation, training standards and a training program for
pilots, inland pilots, and pilot trainees. In the case of pilot
trainees, the training program shall be for a minimum of one year and
a maximum of three years. In the case of pilots and inland pilots,
the board department shall specify the
type, nature, duration, and frequency of the training required and
the identity of the pilots or inland pilots who are required to
undergo training in the next 12-month period. Pursuant to Section
1182, the license of a pilot or inland pilot may be revoked or
suspended if he or she fails to complete the training required by
this subdivision during the period specified. The board
department shall also require that an evaluation
of the pilot's or inland pilot's performance be prepared by the
institution selected by the board department
to provide pilot training, and the institution shall provide
copies of the evaluation to the pilot or inland pilot and to the
pilot evaluation committee.
(d) The board department shall
adopt, by regulation, the qualifications, standards, and rating
criteria for admission of pilot trainees to the training program.
Notwithstanding subdivision (f), the board
department shall administer and conduct the pilot trainee
admission selection in accordance with the regulations for admission.
(e) The board department shall
establish a pilot evaluation committee consisting of five active
pilots who each have at least 10 years' experience as a pilot on the
Bays of San Francisco, San Pablo, and Suisun. The board
department shall select the members of the pilot
evaluation committee. A member may not serve for more than two
four-year terms, except that two of the initial members appointed to
the pilot evaluation committee shall serve terms of two years.
(f) The pilot evaluation committee shall conduct and supervise the
pilot training programs pursuant to the direction and regulation of
the board department and consistent
with the intent of this division.
(g) The board department shall issue
a certificate of completion to each pilot trainee who satisfactorily
completes the training program. The board
department shall not issue a pilot's license to any person who
does not receive a certificate of completion of the training program
from the board department , although
the board department may refuse to
issue a pilot license to a pilot trainee who has received this
certificate.
(h) The training program for pilots, inland pilots, and pilot
trainees shall be funded from the Board of Pilot
Commissioners' Commissioner's Special
Fund pursuant to Section 1159 1154 .
SEC. 923. Section 1172 of the Harbors
and Navigation Code is amended to read:
1172. Pilots licensed by the board
department shall be carefully examined as to their
qualifications. A license as a pilot shall be granted for a term of
12 months. The license shall be renewed annually unless the
board department has good cause to withhold
renewal pursuant to Article 2 (commencing with Section 1180)
of this chapter .
SEC. 924. Section 1173 of the Harbors
and Navigation Code is amended to read:
1173. An application for a pilot's license shall be made in
writing to the board department ,
stating such any information
as that the board
department by rule and regulation may require.
SEC. 925. Section 1174 of the Harbors
and Navigation Code is amended to read:
1174. A pilot's license shall be issued in the name of the State
of California and contain a designation of the waters for which it is
intended. The license shall be signed by the president of
the board director .
SEC. 926. Section 1175 of the Harbors
and Navigation Code is amended to read:
1175. No person shall be licensed as a pilot unless all of the
following requirements are met:
(a) The person can meet the qualifications set by the
board department , including age limitations, if
any.
(b) The person is of good mental and physical health and good
moral character.
(c) The person possesses the requisite skill and experience as a
navigator and pilot, together with practical knowledge of the
currents, tide, soundings, bearings, and distances of the several
shoals, and the rocks, bars, points of landings, lights, and fog
signals of, or pertaining to, the navigation of the pilot ground for
which the person applies for a license to act as a pilot.
(d) The person can satisfy the board
department that the person has means available for boarding and
leaving vessels which that the person
may be called upon to pilot.
SEC. 927. Section 1176 of the Harbors
and Navigation Code is amended to read:
1176. Pilots and inland pilots shall undergo physical
examinations in accordance with standards prescribed by the
board department in conjunction with the renewal
of their license. The examination shall designate that each pilot or
inland pilot is fit to perform his or her duties as a pilot.
SEC. 928. Section 1179 of the Harbors
and Navigation Code is amended to read:
1179. Notwithstanding any other provision of this division, any
shipping company which regularly employed its employees, or expressed
its intent to the board former Board of
Pilot Commissioners to use its employees, for piloting vessels
on the Bays of San Francisco, San Pablo, and Suisun on or before July
1, 1983, may employ and use its employees in that manner in lieu of
pilots provided under this chapter. However, this use of employees as
pilots on foreign flag vessels shall be limited to five vessel calls
per year for those shipping companies that have only expressed their
intent to use their employees in lieu of pilots. This limitation
shall not apply to those shipping companies which regularly employed
their employees for piloting vessels prior to July 1, 1983.
SEC. 929. Section 1180 of the Harbors
and Navigation Code is amended to read:
1180. When, in the opinion of the board
department , there is reasonable cause to believe that the
public interest requires that a pilot or inland pilot be summarily
suspended pending hearing on charges of misconduct which include any
of the causes for suspension or revocation specified in Section 1181
or when the board department has
information which leads it to believe that a pilot or inland pilot
has become unable to comply with the standards of health or physical
condition requisite to a pilot's or inland pilot's duties, the
board department may, without hearing,
temporarily suspend the license of the pilot or inland pilot for not
exceeding 40 days pending hearing and decision on the charges. Unless
an accusation on the charge is served on the pilot or inland pilot
as provided in Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, prior to the close of
the sixth day after the suspension becomes effective, the temporary
suspension terminates at the close of the sixth day.
SEC. 930. Section 1180.3 of the Harbors
and Navigation Code is amended to read:
1180.3. (a) The board department
shall establish an incident review committee , which shall
be composed of one public member of the board and the executive
director . The board department
shall delegate to the incident review committee the
responsibility to review all reports of misconduct or navigational
incidents involving pilots or inland pilots or other matters for
which a license issued by the board
department may be revoked or suspended. This subdivision does
not apply to an incident involving a pilot or inland pilot aboard a
vessel of less than 300 gross tons unless a pilot or inland pilot is
required by law.
(b) The incident review committee, with the assistance of one or
more investigators, shall investigate the incident, misconduct, or
other matter and prepare a written report. The incident review
committee may call witnesses and request additional information if
the incident review committee considers it necessary to conduct a
complete investigation. In performing their duties, the members of
the incident review committee and its investigators shall act fairly
and impartially and shall treat all matters developed or maintained
as required by law. The members of the incident review committee and
the investigators shall not discuss any investigation with the
board or any member of the board department
until the matter has been finally disposed of by the incident
review committee or final action has been taken by the board
department , as appropriate. The board
(c) The department shall specify,
by regulation, the information to be contained in the report, which
shall include, but need not be limited to, the following information
relating to the incident, misconduct, or other matter:
(1) The name of the vessel, date, location, and identification of
the pilot or inland pilot.
(2) A description of the weather and sea conditions.
(3) An illustration and description of the incident, misconduct,
or other matter under investigation.
(4) An estimate of the damages, if any.
(5) The names of the witnesses providing information relating to
the incident, misconduct, or other matter under investigation.
(6) The nature and extent of any injuries.
(7) A summary of any prior investigations of incidents,
misconduct, or other matters involving the same pilot or inland pilot
designated pursuant to paragraph (1).
(8) Any relevant correspondence or records from the United States
Coast Guard relating to the incident, misconduct, or other matter
under investigation.
(9) A historical record of the actions taken in the investigation
and the action taken pursuant to Section 1180.6.
(10) A summary of the factual background of the incident,
misconduct, or other matter investigated.
(11) The following information that is not a part of the public
record:
(A) The report from the pilot or inland pilot.
(B) The confidential report of the investigator.
(c)
(d) Unless an accusation for suspension or
revocation of the pilot's or inland pilot's license is served on the
pilot or inland pilot as provided in Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code, the incident review committee shall present the completed
investigation report to the board at the first monthly
meeting of the board after the completion of the report
department . Unless an extension is granted by the
board department , the report shall be
presented within 90 days of the date of the incident, misconduct, or
other matter investigated.
(d)
(e) The record of the investigation prepared
pursuant to subdivision (b) (c) and
the final disposition of the incident, misconduct, or other matter
shall be retained in the records of the board
department for 10 years after the completion of the
investigation and, except for the items listed in paragraph (11) of
subdivision (b) (c) , shall be a public
record.
SEC. 931. Section 1180.6 of the Harbors
and Navigation Code is amended to read:
1180.6. (a) The incident review committee, after full
consideration of the evidence relating to the investigation of an
incident, misconduct, or other matter pursuant to Section 1180.3,
shall, at the conclusion of the investigation, take one of the
following actions:
(1) Serve an accusation for suspension or revocation of the pilot'
s or inland pilot's license on the pilot or inland pilot, as provided
in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code, pursuant to Sections 1181 and
1182.
(2) Enter into a written stipulation for corrective action to be
performed by the pilot or inland pilot, which may include, but is not
limited to, further training or supervised practice trips. A written
stipulation may provide that it may be referred to and considered
following a finding of fault in any subsequent accusation brought
against the same pilot or inland pilot for the purpose of considering
an appropriate sanction. A written stipulation shall not be used for
any purpose more than five years after the date of its execution.
(3) Provide counselling counseling
for the pilot or inland pilot relating to the duties and obligations
of a pilot.
(4) Issue a warning letter of reprimand to the pilot or inland
pilot.
(5) Take any other action, as provided in the guidelines adopted
pursuant to subdivision (e).
(6) Close the investigation without further action.
(b) Action shall be taken by the incident review committee
pursuant to subdivision (a) only if both members of the incident
review committee agree on the course of action. If agreement cannot
be reached between the board member members
serving on the incident review committee and the
executive director concerning appropriate action, the
president of the board director shall
appoint one additional public member of the board
to serve on the incident review committee until there is final
disposition of the case. Action required pursuant to subdivision (a)
shall then be taken by a majority vote of the incident review
committee.
(c) No member of the board shall sit on the board as a trier of
fact for those cases where he or she has served on the incident
review committee recommending action to the board.
(d)
(c) The executive director
department shall establish a suspense file to ensure that all
training, practice trips, or other corrective action required to be
performed pursuant to subdivision (a) by the pilot or inland pilot
are completed as required. The executive director shall
report to the board each month on department shall
monitor, on a monthly basis, the progress of any training,
supervised practice trips, or other corrective action or the
completion of any other action required pursuant to subdivision (a).
(e)
(d) The board department
shall adopt guidelines for the determination by the incident review
committee of the action to be taken pursuant to subdivision (a) at
the completion of any investigation conducted pursuant to Section
1180.3.
SEC. 932. Section 1181 of the Harbors
and Navigation Code is amended to read:
1181. The license of a pilot or inland pilot may be revoked or
suspended before its expiration only for reasons of misconduct, which
shall include, but not be limited to, the following:
(a) Neglect Neglecting , for 30 days
after it becomes due, to render an account to the board
department of all money received for pilotage.
(b) Neglect Neglecting , for 30 days
after it becomes due, to pay over to the board
department the percentage of all pilotage money received,
as set by the board department .
(c) Rendering to the board department
a false account of pilotage received.
(d) Absence from duty for more than one month at any one time
without leave granted by the board department
, unless sickness or personal injury causes the absence. This
subdivision does not apply to inland pilots.
(e) Refusing to exhibit the pilot or inland pilot license when
requested to do so by the master of any vessel boarded.
(f) Intoxication or being under the influence of any substance or
combination of substances which so affects the nervous system, brain,
or muscles as to impair, to an appreciable degree, the ability to
conduct the duties of a pilot or inland pilot while on duty.
(g) Negligently, ignorantly, or willfully running any vessel on
shore, or otherwise rendering it liable to damage, or otherwise
causing injury to persons or damage to property. However, this
subdivision does not apply to a vessel of less than 300 gross tons
unless a pilot or inland pilot is required by law.
(h) Willful violation of the rules and regulations adopted by the
board department for the government of
pilots or inland pilots.
(i) Inability to comply with the standards of health or physical
condition requisite to the duties of a pilot or inland pilot, but in
that case the burden of proving compliance with these standards is
upon the licensee, unless prior to the hearing the licensee takes and
passes those tests or examinations required by the board
department .
SEC. 933 . Section 1182 of the
Harbors and Navigation Code is amended to read:
1182. If, after a hearing, the board
department finds that the pilot or inland pilot is guilty of
any misconduct sufficient for deprivation of the license, the
board department shall revoke or
suspend the license of the pilot or inland pilot. The order
shall be entered of record in the minutes by the administrative
assistant/secretary. The proceedings shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the
board department shall have all the powers
granted therein.
SEC. 934. Section 1183 of the Harbors
and Navigation Code is amended to read:
1183. (a) Upon notification of nonrenewal
of the license, a pilot or inland pilot is entitled to a trial and
hearing in the same manner that other charges and accusations against
pilots and inland pilots are tried.
In
(b) In every case of nonrenewal,
suspension, or revocation of the license of a pilot or inland pilot
for cause, the final decision of the board
department is subject to judicial review in accordance with
law, and the court shall exercise its independent judgment on the
evidence.
SEC. 935. Section 1184 of the Harbors
and Navigation Code is repealed.
1184. The board shall formally review the executive director with
respect to the performance of his or her duties pursuant to this
article at least once each year.
SEC. 936. Section 1190 of the Harbors and
Navigation Code is amended to read:
1190. (a) Every vessel spoken inward or outward bound shall pay
the following rate of bar pilotage through the Golden Gate and into
or out of the Bays of San Francisco, San Pablo, and Suisun:
(1) Eight dollars and eleven cents ($8.11) per draft foot of the
vessel's deepest draft and fractions of a foot pro rata, and an
additional charge of 73.01 mills per high gross registered ton as
changed pursuant to law in effect on December 31, 1999. The mill
rates established by this paragraph may be changed as follows:
(A) (i) On and after January 1, 2007, if the number of pilots
licensed by the board department is
reduced to 60 pilots, for any subsequent decrease in the number of
pilots, the mill rate then in effect shall be decreased by an
incremental amount that is proportionate to one-half of the last
audited annual average net income per pilot for each pilot licensed
by the board department below 60
pilots.
(ii) On and after January 1, 2007, if the number of pilots
licensed by the board department falls
below 60, for any subsequent increase in the number of pilots, the
mill rate then in effect shall be increased by an incremental amount
that is proportionate to one-half of the last audited annual average
net income per pilot for each new pilot that results in an increase
in the number of pilots then licensed by the board
department .
(iii) The incremental mill rate adjustment authorized by this
subparagraph shall be calculated using the data reported to the
board department for the number of
gross registered tons handled by pilots licensed under this division
during the same 12-month period as the audited annual average net
income per pilot. The incremental mill rate adjustment shall become
effective at the beginning of the quarter (January 1, April 1, July
1, or October 1) as directed by the board
department .
(B) There shall be an incremental rate of additional mills per
high gross registered ton as is necessary and authorized by the
board department to recover the pilots'
costs of obtaining new pilot boats and of funding design and
engineering modifications for the purposes of extending the service
life of existing pilot boats, excluding costs for repair or
maintenance. The incremental mill rate charge authorized by this
subparagraph shall be identified as a pilot boat surcharge on the
pilots' invoices and separately accounted for in the accounting
required by Section 1136. Net proceeds from the sale of existing
pilot boats shall be used to reduce the debt on the new pilot boats
and any debt associated with the modification of pilot boats under
this subparagraph. The board department
may adjust a pilot boat surcharge to reflect any associated
operational savings resulting from the modification of pilot boats
under this subparagraph, including, but not limited to, reduced
repair and maintenance expenses.
(C) In addition to the rate change specified in subparagraph (A)
and the incremental rate specified in subparagraph (B), the mill rate
established by this subdivision may be adjusted at the direction of
the board department if, after a
hearing conducted pursuant to Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code, the board department
determines that there has been a catastrophic cost increase to the
pilots that would result in at least a 2-percent increase in the
overall annual cost of providing pilot services.
(2) A minimum charge for bar pilotage shall be six hundred
sixty-two dollars ($662) for each vessel piloted.
(3) The vessel's deepest draft shall be the maximum draft
attained, on a stillwater basis, at any part of the vessel during the
course of such transit inward or outward.
(b) The rate specified in subdivision (a) shall apply only to a
pilotage that passes through the Golden Gate to or from the high seas
to or from a berth within an area bounded by the Union Pacific
Railroad Bridge to the north and Hunter's Point to the south. The
rate for pilotage to or from the high seas to or from a point past
the Union Pacific Railroad Bridge or Hunter's Point shall include a
movement fee in addition to the basic bar pilotage rate as specified
by the board department pursuant to
Section 1191.
(c) The rate established in paragraph (1) of subdivision (a) shall
be for a trip from the high seas to dock or from the dock to high
seas. The rate specified in Section 1191 shall not be charged by
pilots for docking and undocking vessels. This subdivision does not
apply to the rates charged by inland pilots for their services.
(d) The board department shall
determine the number of pilots to be licensed based on the 1986
manpower study adopted by the board
department .
(e) Consistent with the board's Board of
Pilot Commissioner's May 2002 adoption of rate
recommendations, the rates imposed pursuant to paragraph (1) of
subdivision (a) that are in effect on December 31, 2002, shall be
increased by 4 percent on January 1, 2003; those in effect on
December 31, 2003, shall be increased by 4 percent on January 1,
2004; those in effect on December 31, 2004, shall be increased by 3
percent on January 1, 2005; and those in effect on December 31, 2005,
shall be increased by 3 percent on January 1, 2006.
SEC. 937. Section 1191 of the Harbors
and Navigation Code is amended to read:
1191. (a) The board department ,
pursuant to Chapter 6 (commencing with Section 1200), shall recommend
that the Legislature, by statute, adopt a schedule of pilotage rates
providing fair and reasonable return to pilots and inland pilots
engaged in ship movements or special operations where rates for those
movements or operations are not specified in Section 1190.
(b) Every vessel using pilots and inland pilots for ship movements
or special operations that do not constitute bar pilotage shall pay
the rate specified in the schedule of pilotage rates adopted by the
Legislature.
(c) Consistent with the board's Board of
Pilot C ommissioner ' s
adoption of rate recommendations in May 2002, the minimum rates
imposed pursuant to this section that are in effect on December 31,
2002, shall be increased by 26 percent on January 1, 2003; those in
effect on December 31, 2003, shall be increased by 26 percent on
January 1, 2004; those in effect on December 31, 2004, shall be
increased by 14 percent on January 1, 2005; and those in effect on
December 31, 2005, shall be increased by 14 percent on January 1,
2006.
SEC. 938. Section 1195 of the Harbors
and Navigation Code is amended to read:
1195. (a) In addition to other fees for pilotage, there shall be
a surcharge in an amount established by the board
department for each movement of a vessel using pilot
services for each pilot trainee who is enrolled in the pilot trainee
training program established by the board
department .
(b) The moneys charged and collected each month from the pilot
trainee surcharge shall be paid to the board
department . The moneys shall be used only to fund the pilot
trainee training program in the manner established by the
board departme nt .
(c) By action of the board, the board The
department may adjust the amount established pursuant to
subdivision (a) as necessary to efficiently administer the pilot
trainee training program.
SEC. 939. Section 1196 of the Harbors
and Navigation Code is amended to read:
1196. (a) In addition to other fees for pilotage, there shall be
a surcharge in an amount established by the board
department for each movement of a vessel using pilot
services for the pilot and inland pilot training program established
by the board department .
(b) The moneys charged and collected each month from the pilot and
inland pilot training program surcharge shall be paid to the
board department . The moneys shall be
used only to fund the pilot and inland pilot training program in the
manner established by the board department
.
(c) By action of the board, the board
The department may adjust the amount established
pursuant to subdivision (a) as necessary to efficiently administer
the pilot and inland pilot training program.
SEC. 940. Section 1200 of the Harbors
and Navigation Code is amended to read:
1200. The board department shall,
from time to time, review pilotage expenses and establish guidelines
for the evaluation and application of these expenses regarding its
recommendations for adjustments in rates.
SEC. 941. Section 1201 of the Harbors
and Navigation Code is amended to read:
1201. Any party directly affected by pilotage rates established
under this chapter may petition the board
department for a public hearing on any of the matters set forth
in Section 1200. Within 10 days from the filing of the petition the
board department shall call public
hearings to be held not less than 30 nor more than 60 days of the
date of call for the purpose of obtaining information and data
relating to the issues raised in the petition. The board
department shall give notice of the hearings to
all interested parties who have requested the notification. At the
conclusion of the hearing or hearings, the board
department shall review and evaluate all evidence obtained
and, within 120 days from the filing of the petition, shall submit
to the Secretary of the Senate and the Chief Clerk of the Assembly a
copy of its findings and recommendations for final determination,
supported by a transcript of these proceedings of the board
.
SEC. 942. Section 1201.5 of the Harbors
and Navigation Code is amended to read:
1201.5. (a) The board department
shall not receive written evidence at a public hearing held for the
purpose of considering pilotage rates unless 10 or more copies of the
evidence have been deposited with the board
department as public documents by the party proposing a rate
adjustment 30 or more days prior to the date set for the commencement
of the hearing.
(b) The board department shall not
receive written evidence at the hearing from any party responding to
the request unless the evidence is deposited with the board
department 10 or more days prior to the date set
for the commencement of the hearing.
SEC. 943. Section 1203 of the Harbors
and Navigation Code is amended to read:
1203. In preparing recommendations to the Legislature with
relationship to pilotage rates, the board
department may require an independent audit or audits by a
public accountant selected by the board
department . The audits required by the board
department shall cover pilotage operations for
those years which the board department
may specify. In preparing the recommendations, the board
department shall also give consideration to
other relevant factors, including, but not limited to, the following:
(a) The costs to the pilots, individually or jointly, of providing
pilot service as required.
(b) A net return to the pilot sufficient to attract and hold
persons capable of performing this service with safety to the public
and protection to the property of persons using the service; and the
relationship of that income to any changes in cost-of-living indices.
(c) Pilotage rates charged for comparable services rendered in
other ports and harbors in the United States.
(d) The methods of determining pilotage rates in other ports and
harbors in the United States.
(e) Economic factors affecting the local shipping industry,
including prospective increases or decreases in income and labor
costs.
(f) Additional factors affecting income to pilots such as the
volume of shipping traffic using pilotage, numbers of pilots
available to perform services, income paid for comparable services,
and other factors of related nature.
(g) Changes in, or additions to, navigational and safety equipment
necessary to insure ensure protection
of persons, ships, and waterways.
SEC. 944. Section 6276 of the Harbors
and Navigation Code is amended to read:
6276. (a) In lieu of the benefits afforded pursuant to Division 4
(commencing with Section 3200) and Division 4.7 (commencing with
Section 6200) of the Labor Code, the district may agree to provide
workers' compensation benefits to its stevedore employees in amounts,
and under such conditions, as
that would be payable to stevedore employees of private
employers pursuant to the Longshoremen's and Harbor Workers'
Compensation Act (33 U.S.C. 901 , et seq.).
(b) Such an The agreement shall be
binding upon the parties only if it is in writing and signed by the
employee and by a representative of the district. It shall
acknowledge, in writing, that the benefits agreed upon are authorized
by this section and are expressly in lieu of any benefits available
under Division 4 (commencing with Section 3200) and Division 4.7
(commencing with Section 6200) of the Labor Code.
(c) All claims for benefits against the district which
that are authorized by this section shall be
determined pursuant to law and the rules and regulations of the
Workers' Compensation Employment and Benefits
Appeals Board. To the fullest extent possible, the
Workers' Compensation Employment and Benefits
Appeals Board shall attempt to apply the Longshoremen's and Harbor
Workers' Compensation Act to employees covered by this section in the
same manner as applicable to private employees.
(d) Notwithstanding the provisions of Sections 11779 and 11870 of
the Insurance Code or any other provision of law, the State
Compensation Insurance Fund or any private insurer may provide
insurance coverage for the benefits authorized by this section.
SEC. 945. Section 6869 of the Harbors
and Navigation Code is amended to read:
6869. (a) In lieu of the benefits afforded pursuant to Division 4
(commencing with Section 3200) and Division 4.7 (commencing with
Section 6200) of the Labor Code, the district may agree to provide
workers' compensation benefits to its stevedore employees in amounts,
and under such conditions, as
that would be payable to stevedore employees of private
employers pursuant to the Longshoremen's and Harbor Workers'
Compensation Act (33 U.S.C. 901 , et seq.).
(b) Such an The agreement shall be
binding upon the parties only if it is in writing and signed by the
employee and by a representative of the district. It shall
acknowledge, in writing, that the benefits agreed upon are authorized
by this section and are expressly in lieu of any benefits available
under Division 4 (commencing with Section 3200) and Division 4.7
(commencing with Section 6200) of the Labor Code.
(c) All claims for benefits against the district which
that are authorized by this section shall be
determined pursuant to law and the rules and regulations of the
Workers' Compensation Employment and Benefits
Appeals Board. To the fullest extent possible, the
Workers' Compensation Employment and Benefits
Appeals Board shall attempt to apply the Longshoremen's and Harbor
Workers' Compensation Act to employees covered by this section in the
same manner as applicable to private employees.
(d) Notwithstanding the provisions of Section 11779 of the
Insurance Code or any other provision of law, the State Compensation
Insurance Fund may provide insurance coverage for the benefits
authorized by this section.
SEC. 946. Section 6901.1 of the Harbors
and Navigation Code is amended to read:
6901.1. It The district may by
resolution hold and save harmless the State of California, the
Reclamation Board of the State of California
Department of Water Resources , and the Sacramento and San
Joaquin Drainage District, their officers, agents or employees, from
all claims, damages or liability due or incident to the design,
construction, operation, repair and maintenance of any waterway
project of the United States entering the district or other
improvement constructed by or for the district for which the approval
of the State Reclamation Board Department of
Water Resources must be obtained, whether the same be caused
by negligence of the State state or of
the officers, agents, employees of the State
state , or otherwise, and it may levy and collect in the manner
provided for the raising of funds under this part such sums as may
be required to fulfill any obligation incurred hereunder.
SEC. 947. Section 1179.1 of the Health
and Safety Code is amended to read:
1179.1. (a) The Secretary of the Health and Welfare
Agency shall establish an Office of Rural Health, or an alternative
organizational structure, in one of the departments of the Health and
Welfare Agency to State Department of Health Care
Services shall promote a strong working relationship between
state government and local and federal agencies, universities,
private and public interest groups, rural consumers, health care
providers, foundations, and other offices of rural health, as well as
to develop health initiatives and maximize the use of existing
resources without duplicating existing effort. The office or
alternative organizational structure department
shall serve as a key information and referral source to promote
coordinated planning for the delivery of health services in rural
California.
(b) To the extent funds are appropriated by the Legislature, these
efforts may include:
(1) Educating the public and recommending appropriate public
policies regarding the viability of rural health care in California.
(2) Monitoring and working with state and federal agencies to
assess the impact of proposed rules and regulations on rural areas.
(3) Promoting community involvement and community support in
maintaining, rebuilding, and diversifying local health services in
rural areas.
(4) Encouraging and evaluating the use of advanced communications
technology to provide access to health promotion and disease
prevention information, specialty expertise, clinical consultation,
and continuing education for health professionals.
(5) Encouraging the development of regional health care and public
health networks and collaborative efforts, including, but not
limited to, emergency transportation networks.
(6) Working with state and local agencies, universities, and
private and public interest groups to promote research on rural
health issues.
(7) Soliciting the assistance of other offices or programs of
rural health in California to carry out the duties of this part.
(8) Disseminating information and providing technical assistance
to communities, health care providers, and consumers of health care
services.
(9) Promoting strategies to improve health care professional
recruitment and retention in rural areas.
(10) Encouraging innovative responses by public and private
entities to address rural health issues.
SEC. 948. Section 1179.15 is added to the
Health and Safety Code , to read:
1179.15. (a) The State Department of Health Care Services
succeeds to, and is vested with, all the duties, powers, purposes,
responsibilities, and jurisdiction of the Rural Health Policy
Council.
(b) All officers and employees of the Rural Health Policy Council
who are serving in the state civil service, other than as temporary
employees, shall be transferred to the State Department of Health
Care Services. The status, positions, and rights of those persons
shall not be affected by the transfer and shall be retained by those
persons as officers and employees of the State Department of Health
Care Services, pursuant to the State Civil Service Act (Part 2
(commencing with Section 18500) of Division 5 of Title 2 of the
Government Code), except as to positions exempt from the civil
service.
(c) The State Department of Health Care Services shall have
possession and control of all records, papers, offices, equipment,
supplies, moneys, funds, appropriations, licenses, permits,
agreements, contracts, claims, judgments, land, and other property,
real or personal, connected with the administration of, or held for
the benefit or use of, the Rural Health Policy Council.
(d) Any regulation or other action adopted, prescribed, taken, or
performed by an agency or officer in the administration of a program
or the performance of a duty, responsibility, or authorization
transferred by the act adding this section shall remain in effect and
shall be deemed to be a regulation or action of the agency or
officer to whom the program, duty, responsibility, or authorization
is transferred.
(e) No suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty,
responsibility, or authorization transferred by the act adding this
section, shall abate by reason of the transfer of the program, duty,
responsibility, or authorization under the act adding this section.
SEC. 949. Section 1179.3 of the Health
and Safety Code is amended to read:
1179.3. (a) (1) The Rural Health Policy Council
State Department of Health Care Services shall
develop and administer a competitive grants program for projects
located in rural areas of California.
(2) The Rural Health Policy Council
department shall define "rural area" for the purposes of this
section after receiving public input and upon recommendation of the
Interdepartmental Rural Health Coordinating Committee and the Rural
Health Programs Liaison.
(3) The purpose of the grants program shall be to fund innovative,
collaborative, cost-effective, and efficient projects that pertain
to the delivery of health and medical services in rural areas of the
state.
(4) The Rural Health Policy Council
department shall develop and establish uses for the funds to
fund special projects that alleviate problems of access to quality
health care in rural areas and to compensate public and private
health care providers associated with direct delivery of patient
care. The funds shall be used for medical and hospital care and
treatment of patients who cannot afford to pay for services and for
whom payment will not be made through private or public programs.
(5) The Office of Statewide Health Planning and
Development department shall administer the
funds appropriated by the Legislature for purposes of this section.
Entities eligible for these funds shall include rural health
providers served by the programs operated by the departments
represented on the Task Force on Rural Health
Policy Council , which include the State Department of
Alcohol and Drug Programs, the Emergency Medical Services Authority,
the State Department of Health Services State
Department of Health Care Services , the State Department of
Mental Health, the Office of Statewide Health Planning and
Development, and the Managed Risk Medical Insurance Board. The grant
funds shall be used to expand existing services or establish new
services and shall not be used to supplant existing levels of
service. Funds appropriated by the Legislature for this purpose may
be expended in the fiscal year of the appropriation or the subsequent
fiscal year.
(b) The Rural Health Policy Council
department shall establish the criteria and standards for
eligibility to be used in requests for proposals or requests for
application, the application review process, determining the maximum
amount and number of grants to be awarded, preference and priority of
projects, compliance monitoring, and the measurement of outcomes
achieved after receiving comment from the public at a meeting held
pursuant 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).
(c) The Office of Statewide Health Planning and
Development shall periodically report to the Rural Health Policy
Council department shall make periodic reports
on the status of the funded projects. This information shall also be
available at the public meetings.
SEC. 950. Section 1179.5 of the Health
and Safety Code is amended to read:
1179.5. (a) The Rural Health Policy Office within the
Office of Statewide Health Planning and Development serving as staff
to the Rural Health Policy Council State Department of
Health Care Services shall develop an annual workplan
which is adopted by the council . The workplan shall
describe how the council department
shall meet specific, measurable performance objectives. The workplan
shall be designed to further the goals of the Rural Health
Policy Council set forth in this part to improve
access to, and the quality of, health care in rural areas.
(b) The workplan required under subdivision (a) shall include
information on how the council department
intends to address, at a minimum, all of the following topics:
(1) Increased standardization and consolidation of financial and
statistical reporting, billing, audits, contracts, and budgets.
(2) Network delivery and integrated delivery systems.
(3) Streamlining the regulatory process.
(4) Assessing the impact of managed care in rural communities.
(5) Reviewing and proposing changes necessary to improve current
funding issues.
(6) Increasing the use of technology.
(7) Supporting innovative efforts to improve patient
transportation.
(8) Providing strategic planning for local communities.
(9) Improving communication between the state and rural providers.
(10) Increasing workforce availability in rural areas.
(c) The Rural Health Policy Council
Notwithstanding Section 7550.5 of the Government C ode,
the department shall provide an annual report to the chairs of
the fiscal and policy committees of the Legislature on the outcomes
achieved by the office during the preceding 12 months and what
changes it will incorporate into the workplan for the following year.
The first report pursuant to this section shall be provided to the
Legislature by February 1, 1999.
SEC. 951. Section 1276.05 of the Health
and Safety Code is amended to read:
1276.05. (a) The Office of Statewide Health Planning and
Development shall allow any general acute care hospital facility that
needs to relocate services on an interim basis as part of its
approval plan for compliance with Article 8 (commencing with Section
130000) or Article 9 (commencing with Section 130050) in the Alfred
E. Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1
(commencing with Section 129675) of Part 7 of Division 107)
flexibility in achieving compliance with, or in substantial
satisfaction of the objectives of, building standards adopted
pursuant to Section 1276 with regard to the use of interim space for
the provision of hospital services, or both, on a case-by-case basis
so long as public safety is not compromised.
(b) The state department shall allow any facility to which
subdivision (a) applies flexibility in achieving compliance with, or
in substantial satisfaction of, the objectives of licensing
standards, or both, with regard to the use of interim space for the
provision of hospital services, or both, on a case-by-case basis so
long as public safety is not compromised.
(c) Hospital licensees, upon application for program flexibility
under this section, shall provide public notice of the proposed
interim use of space that houses at least one of the eight basic
services that are required in a general acute care hospital in a
manner that is likely to reach a substantial number of residents of
the community served by the facility and employees of the facility.
(d) No request shall be approved under this section for a waiver
of any primary structural system, fire and life safety requirements,
or any requirement with respect to accessibility for persons with
disabilities.
(e) In approving any request pursuant to this section for
flexibility, the office shall consider public comments.
(f) The state department shall establish a unit with two statewide
liaisons for the purposes of the Alfred E. Alquist Hospital
Facilities Seismic Safety Act of 1983 (Chapter 1 (commencing with
Section 129675) of Part 7 of Division 107), to do all of the
following:
(1) Serve as a central resource for hospital representatives on
licensing issues relative to Article 8 (commencing with Section
130000) or Article 9 (commencing with Section 130050)
in the Alfred E. Alquist Hospital Facilities Seismic Safety Act
of 1983 and provide licensing information to the public, upon
request.
(2) Serve as liaison with the Office of Statewide Health Planning
and Development, the State Fire Marshal, the Seismic Safety
Commission Department of General Services , and
other entities as necessary on hospital operational issues with
respect to Article 8 (commencing with Section 130000) or
Article 9 (commencing with Section 130050) in the Alfred
E. Alquist Hospital Facilities Seismic Safety Act of 1983.
(3) Ensure statewide compliance with respect to licensing issues
relative to hospital buildings that are required to meet standards
established by Article 8 or Article 9 in the Alfred E. Alquist
Hospital Facilities Seismic Safety Act of 1983.
(4) Process requests for program flexibility under subdivision
(a).
(5) Accept and consider public comments on requests for
flexibility.
(g) Each compliance plan, in providing for an interim use of space
in which flexibility is requested, shall identify the duration of
time proposed for the interim use of the space. Upon any amendment of
a hospital's approved compliance plan, any hospital for which a
flexibility plan has been approved pursuant to subdivision (a) shall
provide a copy of the amended plan to the State Department of
Public Health Services within 30 days.
SEC. 952. Section 1569.698 of the
Health and Safety Code is amended to read:
1569.698. (a) The State Fire Marshal has proposed that the
State Building Standards Commission
Department of General Services adopt building standards to
provide for locked and secured perimeters in residential care
facilities for the elderly that care for persons with dementia:
(1) It is acknowledged that these building standards will not
become effective until October 1, 1996.
(2) It is the policy of the State Building Standards
Commission Department of General Services that
building standards be adopted exclusively into the California
Building Standards Code and not into state statute.
(3) However, in recognition of the immediate need of residential
care facilities for the elderly caring for persons with dementia to
provide a secured environment, it is the intent of the Legislature
that the building standards for locked and secured perimeters
proposed by the State Fire Marshal for adoption in the 1994
California Building Standards Code, as set forth in Section 1569.699,
be effective upon the date this article becomes operative.
(b) (1) Upon the filing of emergency regulations with the
Secretary of State pursuant to subdivision (c), a residential care
facility for the elderly that cares for people with dementia may
utilize secured perimeter fences or locked exit doors, if it meets
the requirements for additional safeguards required by those
regulations.
(2) For the purposes of this article, dementia includes Alzheimer'
s disease and related disorders diagnosed by a physician, that
increases the tendency to wander and that decreases hazard awareness
and the ability to communicate.
(3) It is the intent of the Legislature in enacting this article
that residential care facilities for the elderly have options for the
security of persons with dementia who are residents of those
facilities that are in addition to existing security exceptions made
for individual residents. It is the further intent of the Legislature
that these additional options shall include the use of waivers of
certain building standards relating to fire safety to be issued by
the state department with the approval, of the State Fire Marshal, to
permit the care of a target group of persons with dementia by means
of secured perimeter fences, or the use of locked exterior doors.
Each waiver request shall include a facility plan of operation that
addresses elements of care to be identified by the department in
regulations and demonstrates the facility's ability to meet the
safety needs of persons with dementia.
(4) The department shall adopt regulations that ensure that staff
for secured perimeter facilities receive appropriate and adequate
training in the care of residents with Alzheimer's disease or other
related dementia.
(5) Nothing in this section is intended to prohibit residential
care facilities for the elderly from accepting or retaining persons
with dementia whose needs can be fully met using care options
permitted by existing law and regulations.
(6) It is not the intent of the Legislature to authorize an
increase in the level of care provided in a residential care facility
for the elderly or to establish a supplemental rate structure based
on the services provided in the facility.
(7) All admissions to residential care facilities for the elderly
shall continue to be voluntary on the part of the resident or with
the lawful consent of the resident's legal conservator.
(c) The department shall adopt regulations to implement
subdivision (b) in accordance with those provisions of the
Administrative Procedure Act contained in Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code. The initial adoption of any emergency regulations
following the effective date of the act amending this section during
the 1995-96 Regular Legislative Session shall be deemed to be an
emergency and necessary for the immediate preservation of the public
peace, health and safety, or general welfare. Emergency regulations
adopted pursuant to this subdivision shall remain in effect for
no more than 180 days.
(d) In addition to the security options authorized by subdivision
(b), residential care facilities for the elderly that accept or
retain as residents persons with dementia, and that choose to utilize
the security options of egress-control devices of the time-delay
type in addition to secured perimeter fences or locked exit doors,
shall comply with Section 1569.699, or regulations adopted by the
State Building Standards Commission
Department of General Services , whichever is operative.
(e) Except as specified in Article 6.5 (commencing with Section
1569.691), no residential care facility for the elderly shall utilize
special egress-control devices of the time-delay type, secured
perimeter fences, or locked exit doors unless the facility meets the
requirements of Section 1569.699 or the Building Standards
Commission Department of General Services adopts
building standards to implement this section.
(f) Any person who is not a conservatee and is entering a locked
or secured perimeter facility pursuant to this section, shall sign a
statement of voluntary entry. The facility shall retain the original
statement and shall send a copy of the statement to the department.
SEC. 953. Section 1569.699 of the
Health and Safety Code is amended to read:
1569.699. (a) When approved by the person responsible for
enforcement as described in Section 13146, exit doors in facilities
classified as Group R, Division 2 facilities under the California
Building Standards Code, licensed as residential care facilities for
the elderly, and housing clients with Alzheimer's disease or
dementia, may be equipped with approved listed special egress-control
devices of the time-delay type, provided the building is protected
throughout by an approved automatic sprinkler system and an approved
automatic smoke-detection system. The devices shall conform to all of
the following requirements:
(1) Automatic deactivation of the egress-control device upon
activation of either the sprinkler system or the detection system.
(2) Automatic deactivation of the egress-control device upon loss
of electrical power to any one of the following: The egress-control
device; the smoke-detection system; exit illumination as required by
Section 1012 of the California Building Code.
(3) Be capable of being deactivated by a signal from a switch
located in an approved location.
(4) Initiate an irreversible process that will deactivate the
egress-control device whenever a manual force of not more than 15
pounds (66.72 N) is applied for two seconds to the panic bar or other
door-latching hardware. The egress-control device shall deactivate
within an approved time period not to exceed a total of 15 seconds,
except that the person responsible for enforcement as described in
Section 13146 may approve a delay not to exceed 30 seconds in
residential care facilities for the elderly serving patients with
Alzheimer's disease. The time delay established for each
egress-control device shall not be field adjustable.
(5) Actuation of the panic bar or other door-latching hardware
shall activate an audible signal at the door.
(6) The unlatching shall not require more than one operation.
(7) A sign shall be provided on the door located above and within
12 inches (305mm) of the panic bar or other door-latching hardware
reading:
KEEP PUSHING. THIS DOOR WILL OPEN IN ____ SECONDS. ALARM WILL
SOUND.
Sign letter shall be at least one inch (25mm) in height and shall
have a stroke of not less than 1/8 inch (3.3mm).
(8) Regardless of the means of deactivation, relocking of the
egress-control device shall be by manual means only at the door.
(b) Grounds of residential care facilities for the elderly serving
persons with Alzheimer's disease or dementia may be fenced, and
gates therein equipped with locks, provided safe dispersal areas are
located not less than 50 feet (15240mm) from the buildings. Dispersal
areas shall be sized to provide an area of not less than three
square feet (0.28 2) per occupant. Gates shall not be installed
across corridors or passageways leading to the dispersal areas unless
they comply with the exit requirements of Section 1021 of the
California Building Standards Code.
(c) Exit doors may be locked in residential care facilities for
the elderly that meet the requirements for Group I, Division 3
occupancies under the California Building Standards Code and that
care for people with dementia.
(d) This section shall become inoperative on the date the
State Building Standards Commission Department of
General Services adopts regulations regarding secured
perimeters in residential care facilities for the elderly, and, as of
the January 1 next following that date, is repealed, unless a later
enacted statute, that becomes operative on or before that January 1,
deletes or extends the dates on which it becomes inoperative and is
repealed.
SEC. 954. Section 1596.87 of the Health
and Safety Code is amended to read:
1596.87. The department shall institute a staff development and
training program within the organizational structure to develop among
staff the knowledge, understanding of children and child care, and
regulatory administration necessary to successfully carry out this
act. Specifically, the department shall do all of the following:
(a) Provide staff with 36 hours of training per year that reflect
the unique needs of children. The training shall include training
relating to regulation administration, including communication
skills, writing skills, and human relations skills.
(b) Find ways to encourage applications from individuals with
child care provider experience or educational backgrounds applicable
to the provision of child care.
(c) Provide new staff with comprehensive training within the first
six months of employment. This training shall, at a minimum, include
the following core areas: administrative action process, client
populations, conducting facility visits, cultural awareness,
documentation skills, facility operations, human relation skills,
interviewing techniques, investigation processes, and regulation
administration.
This program shall also provide new staff who have earned fewer
than 16 semester units in child development or early childhood
education from an accredited college at least 40 hours of preservice
training in child development or early childhood education.
(d) Submit for approval to the advisory committee
established in Section 8286 of the Education Code
State Department of Education a plan for meeting the
provisions of subdivisions (a) and (c).
SEC. 955. Section 1596.873 of the
Health and Safety Code is repealed.
1596.873. The advisory committee established pursuant to Section
8286 of the Education Code shall perform all of the following
functions with regard to this act:
(a) Assist the department in developing and reviewing guidelines
for the administration of this act.
(b) Review the implementation of this act.
(c) Make written recommendations to the Legislature, the
Governor, and the department by December 31, 1985, with regard to
possible improvements to facilitate the implementation of this act.
(d) Advise the director regarding regulations, policy, and
administrative practices pertaining to the licensing of child day
care facilities.
SEC. 956. Section 1797.64 of the Health
and Safety Code is amended to read:
1797.64. (a) "Commission" means the
Commission on Emergency Medical Services created pursuant to the
provisions of Section 1799.
(b) Notwithstanding subdivision (a), on and after the effective
date of the act or the Governor's Reorganization Plan that amended
this section during the 2007-08 Regular Session, any reference to the
"Commission on Emergency Medical Services" in any statute or
regulation and any reference to "commission" in this division is
hereby deemed to refer to the Emergency Medical Services Authority,
unless the context requires otherwise.
SEC. 957. Article 1 (commencing with Section 1799)
of Chapter 8 of Division 2.5 of the Health and Safety
Code is repealed.
SEC. 958. Article 1 (commencing with Section 1799)
is added to Chapter 8 of Division 2.5 of the Health and
Safety Code , to read:
Article 1. The Commission on Emergency Medical Services:
Succession of Duties to the Authority
1799. The Emergency Medical Services Authority succeeds to, and
is vested with, all the duties, powers, purposes, responsibilities,
and jurisdiction of the Commission on Emergency Medical Services.
1799.1. All officers and employees of the Commission on Emergency
Medical Services who are serving in the state civil service, other
than as temporary employees, shall be transferred to the Emergency
Medical Services Authority. The status, positions, and rights of
those persons shall not be affected by the transfer and shall be
retained by those persons as officers and employees of the Emergency
Medical Services Authority, pursuant to the State Civil Service Act
(Part 2 (commencing with Section 18500) of Division 5 of Title 2 of
the Government Code), except as to positions exempt from the civil
service.
1799.2. The Emergency Medical Services Authority shall have
possession and control of all records, papers, offices, equipment,
supplies, moneys, funds, appropriations, licenses, permits,
agreements, contracts, claims, judgments, land, and other property,
real or personal, connected with the administration of, or held for,
the benefit or use of the Commission on Emergency Medical Services.
1799.3. (a) Any regulation or other action adopted, prescribed,
taken, or performed by the Commission on Emergency Medical Services
in the administration of a program or the performance of a duty,
responsibility, or authorization transferred by the act adding this
section shall remain in effect and shall be deemed to be a regulation
or action of the Emergency Medical Services Authority to whom the
program, duty, responsibility, or authorization is transferred.
(b) No suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty,
responsibility, or authorization transferred by the act adding this
section, shall abate by reason of the transfer of the program, duty,
responsibility, or authorization under the act adding this section.
SEC. 959. Section 13108 of the Health
and Safety Code is amended to read:
13108. (a) Except as limited by Chapter 6 (commencing with
Section 140) of Division 1 of the Labor Code and Section 18930 of
this code, the State Fire Marshal shall prepare and adopt building
standards, not inconsistent with existing laws or ordinances,
relating to fire protection in the design and construction of the
means of egress and the adequacy of exits from, and the installation
and maintenance of fire alarm and fire extinguishment equipment or
systems in, any state institution or other state-owned building or in
any state-occupied building and submit those building standards to
the State Building Standards Commission
Department of General Services for approval pursuant to
the provisions of Chapter 4 (commencing with Section
18935) of Part 2.5 of Division 13 of this code .
The State Fire Marshal shall prepare and adopt regulations other than
building standards for the installation and maintenance of equipment
and furnishings that present unusual fire hazards in any state
institution or other state-owned building or in any state-occupied
building. The State Fire Marshal shall adopt those regulations as are
reasonably necessary to define what buildings shall be considered as
state-occupied buildings.
(b) The fire chief of any city, county, or fire protection
district, or that official's authorized representative, may enter any
state institution or any other state-owned or state-occupied
building for the purpose of preparing a fire suppression preplanning
program or for the purpose of investigating any fire in a
state-occupied building.
(c) Except as otherwise provided in this section, the State Fire
Marshal shall enforce the regulations adopted by him or her and
building standards relating to fire and panic safety published in the
California Building Standards Code in all state-owned buildings,
state-occupied buildings, and state institutions throughout the
state. Upon written request from the chief fire official of any city,
county, or fire protection district, the State Fire Marshal may
authorize that chief fire official and his or her authorized
representatives, in their geographical area of responsibility, to
make fire prevention inspections of state-owned or state-occupied
buildings, other than state institutions, for the purpose of
enforcing the regulations relating to fire and panic safety adopted
by the State Fire Marshal pursuant to this section and building
standards relating to fire and panic safety published in the
California Building Standards Code. Authorization from the State Fire
Marshal shall be limited to those fire departments or fire districts
which maintain a fire prevention bureau staffed by paid personnel.
(d) Any requirement or order made by any chief fire official
pursuant to this section may be appealed to the State Fire Marshal.
The State Fire Marshal shall, upon receiving an appeal and subject to
the provisions of Chapter 5 (commencing with Section 18945) of Part
2.5 of Division 13 of this code , determine if the
requirement or order made is reasonably consistent with the fire and
panic safety regulations adopted by him or her and building
standards relating to fire and panic safety published in the
California Building Standards Code.
SEC. 960. Section 13132.7 of the Health
and Safety Code is amended to read:
13132.7. (a) Within a very high fire hazard severity zone
designated by the Director of Forestry and Fire Protection pursuant
to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of
Division 4 of the Public Resources Code and within a very high
hazard severity zone designated by a local agency pursuant to Chapter
6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title
5 of the Government Code, the entire roof covering of every existing
structure where more than 50 percent of the total roof area is
replaced within any one-year period, every new structure, and any
roof covering applied in the alteration, repair, or replacement of
the roof of every existing structure, shall be a fire retardant roof
covering that is at least class B as defined in the Uniform Building
Code, as adopted and amended by the State Building Standards
Commission Department of General Services .
(b) In all other areas, the entire roof covering of every existing
structure where more than 50 percent of the total roof area is
replaced within any one-year period, every new structure, and any
roof covering applied in the alteration, repair, or replacement of
the roof of every existing structure, shall be a fire retardant roof
covering that is at least class C as defined in the Uniform Building
Code, as adopted and amended by the State Building Standards
Commission Department of General Services .
(c) Notwithstanding subdivision (b), within state responsibility
areas classified by the State Board of Forestry and Fire Protection
pursuant to Article 3 (commencing with Section 4125) of Chapter 1 of
Part 2 of Division 4 of the Public Resources Code, except for those
state responsibility areas designated as moderate fire hazard
responsibility zones, the entire roof covering of every existing
structure where more than 50 percent of the total roof area is
replaced within any one-year period, every new structure, and any
roof covering applied in the alteration, repair, or replacement of
the roof of every existing structure, shall be a fire retardant roof
covering that is at least class B as defined in the Uniform Building
Code, as adopted and amended by the State Building Standards
Commission Department of General Services .
(d) (1) Notwithstanding subdivision (a), (b), or (c), within very
high fire hazard severity zones designated by the Director of
Forestry and Fire Protection pursuant to Article 9 (commencing with
Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public
Resources Code or by a local agency pursuant to Chapter 6.8
(commencing with Section 51175) of Part 1 of Division 1 of Title 5 of
the Government Code, the entire roof covering of every existing
structure where more than 50 percent of the total roof area is
replaced within any one-year period, every new structure, and any
roof covering applied in the alteration, repair, or replacement of
the roof of every existing structure, shall be a fire retardant roof
covering that is at least class A as defined in the Uniform Building
Code, as adopted and amended by the State Building Standards
Commission Department of General Services
.
(2) Paragraph (1) does not apply to any jurisdiction containing a
very high fire hazard severity zone if the jurisdiction fulfills both
of the following requirements:
(A) Adopts the model ordinance approved by the State Fire Marshal
pursuant to Section 51189 of the Government Code or an ordinance that
substantially conforms to the model ordinance of the State Fire
Marshal.
(B) Transmits, upon adoption, a copy of the ordinance to the State
Fire Marshal.
(e) The State Building Standards Commission
Department of General Services shall incorporate the
requirements set forth in subdivisions (a), (b), and (c) by
publishing them as an amendment to the California Building Standards
Code in accordance with Chapter 4 (commencing with Section 18935) of
Part 2.5 of Division 13.
(f) Nothing in this section shall limit the authority of a city,
county, city and county, or fire protection district in establishing
more restrictive requirements, in accordance with current law, than
those specified in this section.
(g) This section shall not affect the validity of an ordinance,
adopted prior to the effective date for the relevant roofing standard
specified in subdivisions (a) and (b), by a city, county, city and
county, or fire protection district, unless the ordinance mandates a
standard that is less stringent than the standards set forth in
subdivision (a), in which case the ordinance shall not be valid on or
after the effective date for the relevant roofing standard specified
in subdivisions (a) and (b).
(h) Any qualified historical building or structure as defined in
Section 18955 may, on a case-by-case basis, utilize alternative roof
constructions as provided by the State Historical Building Code.
(i) The installer of the roof covering shall provide certification
of the roof covering classification, as provided by the manufacturer
or supplier, to the building owner and, when requested, to the
agency responsible for enforcement of this part. The installer shall
also install the roof covering in accordance with the manufacturer's
listing.
(j) No wood roof covering materials shall be sold or applied in
this state unless both of the following conditions are met:
(1) The materials have been approved and listed by the State Fire
Marshal as complying with the requirements of this section.
(2) The materials have passed at least five years of the 10-year
natural weathering test. The 10-year natural weathering test required
by this subdivision shall be conducted in accordance with standard
15-2 of the 1994 edition of the Uniform Building Code at a testing
facility recognized by the State Fire Marshal.
(k) The Insurance Commissioner shall accept the use of fire
retardant wood roof covering material that complies with the
requirements of this section, used in the partial repair or
replacement of nonfire retardant wood roof covering material, as
complying with the requirement in Section 2695.9 of Title 10 of the
California Code of Regulations relative to matching replacement items
in quality, color, and size.
() No common interest development, as defined in Section 1351 of
the Civil Code, may require a homeowner to install or repair a roof
in a manner that is in violation of this section. The governing
documents, as defined in Section 1351 of the Civil Code, of a common
interest development within a very high fire severity zone shall
allow for at least one type of fire retardant roof covering material
that meets the requirements of this section.
SEC. 961. The heading of Article 2 (commencing
with Section 13140) of Chapter 1 of Part 2 of Division 12 of the
Health and Safety Code is amended to read:
Article 2. The State Board of Fire Services
SEC. 962. Section 13140 of the Health
and Safety Code is repealed.
13140. There is hereby created in the Office of the State Fire
Marshal a State Board of Fire Services which shall consist of 18
members. The State Board of Fire Services succeeds to all of the
powers, duties, and responsibilities of the State Fire Advisory
Board, which is hereby abolished. Whenever the term "State Fire
Advisory Board" appears in any other law, it means the State Board of
Fire Services.
SEC. 963. Section 13140 is added to the
Health and Safety Code , to read:
13140. (a) Any reference to the "State Board of Fire Services" or
the "State Fire Advisory Board" shall refer to the Department of
Forestry and Fire Protection.
(b) As used in this article, "board" shall be deemed to be a
reference to the Department of Forestry and Fire Protection.
SEC. 964. Section 13140.5 of the Health
and Safety Code is repealed.
13140.5. The board shall be composed of the following voting
members: the State Fire Marshal, the Chief Deputy Director of the
Department of Forestry and Fire Protection who is not the State Fire
Marshal, the Director of the Office of Emergency Services, the
Chairperson of the California Fire Fighter Joint Apprenticeship
Program, one representative of the insurance industry, one volunteer
firefighter, three fire chiefs, five fire service labor
representatives, one representative from city government, one
representative from a fire district, and one representative from
county government.
The following members shall be appointed by the Governor: one
representative of the insurance industry, one volunteer firefighter,
three fire chiefs, five fire service labor representatives, one
representative from city government, one representative from a fire
district, and one representative from county government. Each member
appointed shall be a resident of this state. The volunteer
firefighter shall be selected from a list of names submitted by the
California State Firefighters Association. One fire chief shall be
selected from a list of names submitted by the California Fire Chiefs'
Association; one fire chief shall be selected from a list of names
submitted by the Fire Districts Association of California; and one
fire chief shall be selected from a list of names submitted by the
California Metropolitan Fire Chiefs. One fire service labor
representative shall be selected from a list of names submitted by
the California Labor Federation; one fire service labor
representative shall be selected from a list of names submitted by
the California Professional Firefighters; one fire service labor
representative shall be selected from a list of names submitted by
the International Association of Fire Fighters; one fire service
labor representative shall be selected from a list of names submitted
by the California Department of Forestry Firefighters; and one fire
service labor representative shall be selected from a list of names
submitted by the California State Firefighters Association. The city
government representative shall be selected from elected or appointed
city chief administrative officers or elected city mayors or council
members. The fire district representative shall be selected from
elected or appointed directors of fire districts. The county
government representative shall be selected from elected or appointed
county chief administrative officers or elected county supervisors.
The appointed members shall be appointed for a term of four years.
Any member chosen by the Governor to fill a vacancy created other
than by expiration of a term shall be appointed for the unexpired
term of the member he or she is to succeed.
SEC. 965. Section 13140.6 of the Health
and Safety Code is repealed.
13140.6. A quorum of the board shall consist of not less than
nine members of the board. Proxy representation shall not be
permitted.
SEC. 966. Section 13140.7 of the Health
and Safety Code is repealed.
13140.7. The State Fire Marshal shall act as chairman of the
board and provide necessary staff services. A vice chairman shall be
selected by majority vote of the members.
SEC. 967. Section 13141 of the Health
and Safety Code is repealed.
13141. The board shall meet at the call of the State Fire
Marshal, or at the request of any two members, but not less than
annually, and shall receive no salary. Board members shall be paid
actual and necessary expenses related to activities of the board.
Meetings of the board shall be announced in writing to all members
at least 15 days in
advance of the meeting date.
SEC. 968. Section 13142.6 of the Health
and Safety Code is amended to read:
13142.6. (a) The board, under the direction of the vice
chairperson, Department of Forestry and Fire
Protection shall sit as a board of appeals on the application
of the State Fire Marshal's regulations excepting application of
building standards published in the California Building Standards
Code, by the State Fire Marshal or his or her salaried assistants.
When any affected person believes that the State Fire Marshal's
regulations, excepting building standards, are being applied
incorrectly, the person may appeal the decision of the State Fire
Marshal to the board Department of Forestry
and Fire Protection . The board
Department of Forestry and Fire Protection shall not consider
the appeal unless the matter has come to the attention of the State
Fire Marshal and he or she has rendered a decision in writing. Any
appeal to the board Department of Forestry
and Fire Protection shall be made by the affected person or his
or her agent in writing in the form and manner prescribed by the
board Department of Forestry and Fire
Protection . The decision of the board
Department of Forestry and Fire Protection shall be binding
upon the State Fire Marshal. Any decision made by the board
Department of Forestry and Fire Protection shall
be for the instant case only and shall not be construed as setting
precedent for general application.
(b) When an affected person believes that building standards are
being applied incorrectly by the State Fire Marshal or his or her
salaried assistants, that person may appeal to the
California Building Standards Commission pursuant to Chapter 5
(commencing with Section 18945) of Part 2.5 of Division 13 of this
code Department of General Services .
SEC. 969. Section 13142.8 of the Health
and Safety Code is repealed.
13142.8. When the board sits as a board of appeals:
(a) The State Fire Marshal shall not sit as a member of the
board.
(b) A member of the board shall not sit as a member or
participant in the decision of any particular appeal if that member
has a financial or other interest which would influence his or her
decision on the particular appeal.
SEC. 970. Section 13143.5 of the Health
and Safety Code , as amended by Chapter 906 of The
Statutes of 1993, is amended to read:
13143.5. (a) Notwithstanding Part 2 (commencing with Section
13100) of Division 12, Part 1.5 (commencing with Section 17910) of
Division 13, and Part 2.5 (commencing with Section 18901) of Division
13, any city, county, or city and county may, by ordinance, make
changes or modifications that are more stringent than the
requirements published in the California Building Standards Code
relating to fire and panic safety and the other regulations adopted
pursuant to this part. Any changes or modifications that are more
stringent than the requirements published in the California Building
Standards Code relating to fire and panic safety shall be subject to
subdivision (b) of Section 18941.5.
(b) Nothing in this section shall authorize a local jurisdiction
to mandate, nor prohibit a local jurisdiction from mandating, the
installation of residential fire sprinkler systems within newly
constructed dwelling units or in new additions to existing dwelling
units, including, but not limited to, manufactured homes as defined
in Section 18007.
(c) Nothing in this section shall authorize a local jurisdiction
to mandate, nor prohibit a local jurisdiction from mandating, the
retrofitting of existing dwelling units for the installation of
residential fire sprinkler systems, including, but not limited to,
manufactured homes as defined in Section 18007.
(d) Nothing in this section shall apply in any manner to
litigation filed prior to January 1, 1991, regarding an ordinance or
regulation which mandates the installation of residential fire
sprinkler systems within newly constructed dwelling units or new
additions to existing dwelling units.
(e) This section shall not apply to fire and panic safety
requirements for the public schools adopted by the State Fire Marshal
pursuant to Section 13143.
(f) (1) A city, county, or city and county that adopts an
ordinance relating to fire and panic safety pursuant to this section
shall delegate the enforcement of the ordinance to either of the
following:
(A) The chief of the fire authority of the city, county, or city
and county, or his or her authorized representative.
(B) The chief building official of the city, county, or city and
county, or his or her authorized representative.
(2) Any fee charged pursuant to the enforcement authority of this
subdivision shall not exceed the estimated reasonable cost of
providing the service for which the fee is charged, pursuant to
Section 66014 of the Government Code.
(g) On or before October 1, 1991, and each October 1 thereafter,
the Department of Housing and Community Development, in conjunction
with the office Office of the State
Fire Marshal, shall transmit a report to the State Building
Standards Commission Department of General Services
on the more stringent requirements, adopted by a city, county,
or city and county, pursuant to this section or adopted by a fire
protection district and ratified pursuant to Section 13869.7, to the
building standards relating to fire and panic safety adopted by the
State Fire Marshal and contained in the California Building Standards
Code. The report shall be for informational purposes only and shall
include a summary by the department and the office of the reasons
cited as the necessity for the more stringent requirements. The
report required pursuant to this subdivision shall apply to any more
stringent requirements adopted or ratified on or after January 1,
1991.
(h) All structures governed by Part 2.7 (commencing with Section
18950) of Division 13 are exempt from the permissive authority
granted by subdivision (a).
SEC. 971. Section 16022 of the Health
and Safety Code is amended to read:
16022. The State Architect shall do all of the following:
(a) Observe the implementation and administration of this chapter.
(b) Establish and adopt, in consultation with the League of
Cities, County Supervisors Association, and California Building
Officials, those regulations deemed necessary for carrying out this
chapter.
(c) Provide advice and assistance to local jurisdictions regarding
essential services buildings.
(d) Hear appeals relative to the administration of this chapter.
The State Architect may establish an advisory committee to assist
the State Architect with his or her responsibilities under this
chapter. The State Architect shall periodically inform the
Seismic Safety Commission Department of General
Services and the State Fire Marshal with respect to the
implementation and the administration of this chapter.
SEC. 972. Section 16101 of the Health
and Safety Code is amended to read:
16101. (a) The Seismic Safety Commission
Department of General Services , in cooperation with the State
Architect, shall develop a state policy on acceptable levels of
earthquake risk for new and existing state-owned buildings and submit
their policy to the Legislature for consideration by January 1,
1991.
(b) The State Architect, in conjunction with state agency owners
and operators of buildings, shall identify activities carried out
within state-owned buildings which are necessary for postearthquake
operation.
SEC. 973. Section 16109 of the Health
and Safety Code is amended to read:
16109. In the event that a project involving buildings utilizing
earthquake mitigation technologies and other new seismic resistant
design technologies requires design review and plan approval by more
than one public agency, the Coordinating Council of the
Building Standards Commission Department of General
Services shall, to the maximum extent feasible, consolidate the
various hearings which may be required in order to minimize the time
required for the hearings. This consolidation shall be for
procedural purposes only and shall not be construed as consolidating
the statutory responsibilities of the public agencies conducting the
consolidated hearings.
SEC. 974. Section 16600 of the Health
and Safety Code is amended to read:
16600. (a) The State Architect and the State Building
Standards Commission Department of General Services
, in consultation with, and with the concurrence of, the
University of California, the California State University, and
the Structural Engineers Association of California,
and the Seismic Safety Commission, shall develop and adopt
building seismic retrofit guidelines for state buildings, including
those owned by the University of California and by the California
State University, by January 1, 1993.
(b) Building seismic retrofit guidelines shall include provisions
for the abatement of falling hazards that are structural or
nonstructural components of buildings and that pose serious threats
to life, including, but not limited to, parapets, appendages,
cornices, hanging objects, and building cladding.
(c) Building seismic retrofit guidelines shall include provisions
for the strengthening of structures of buildings, or the means
necessary to reduce the response of a building to ground shaking
during an earthquake, so as to significantly reduce the hazards to
life, while concomitantly providing for safe egress of occupants
during and immediately after an earthquake.
(d) Building seismic retrofit guidelines shall be consistent with
the state Historical Building Code (Part 2.7 (commencing with Section
18950) , of Division 13) and shall
include provisions for the preservation of historical buildings.
(e) Building seismic retrofit guidelines shall incorporate
building seismic retrofit standards developed pursuant to Sections
8875.5 and 8879.5 of the Government Code.
(f) The State Architect and the State Building Standards
Commission Department of General Services , in
cooperation with the University of California, the California State
University, and the Structural Engineers Association of
California, and the Seismic Safety Commission,
shall develop and adopt seismic retrofit building standards for state
buildings, including those owned by the University of California and
by the California State University by July 1, 1996. The standards
for state buildings owned by the University of California and the
California State University shall not be more stringent than the
standards for other state buildings.
(g) The State Architect and the State Building Standards
Commission Department of General Services , in
cooperation with the Structural Engineers Association of California,
shall submit the regulations, findings, and data developed according
to this chapter to model code writing agencies and organizations for
review and development into code format for consideration and
adoption into future model codes, as defined in Section 18916, by
August 1, 1997.
SEC. 975. Section 16601 of the Health
and Safety Code is amended to read:
16601. (a) The State Building Standards Commission
Department of General Services shall review and
approve the guidelines adopted by the State Architect and the
State Building Standards Commission
Department of General Services pursuant to Section 16600 by
January 1, 1994, and take administrative actions to make the
guidelines applicable to all state buildings, including those owned
by the University of California or the California State University.
(b) The State Building Standards Commission
Department of General Services shall review and approve
the seismic retrofit building standards as developed by the State
Architect and the State Building Standards Commission
Department of General Services pursuant to
Section 16600 by July 1, 1997, and take administrative actions to
make the standards applicable to all state buildings, including those
owned by the University of California or the California State
University.
SEC. 976. Section 17913 of the Health
and Safety Code is amended to read:
17913. (a) The department shall notify the entities listed in
subdivision (c) of the dates that each of the uniform codes published
by the specific organizations described in paragraphs (1) to (5),
inclusive, of subdivision (a) of Section 17922 are approved by the
California Building Standards Commission
Department of General Services pursuant to Section 18930 and
the effective date of the model codes as established by the
California Building Standards Commission Department of
General Services .
(b) The department may publish information bulletins regarding
code enforcement as emergencies occur or at any other time the
department determines appropriate.
(c) The department shall distribute the information described in
subdivision (a), and may distribute the information described in
subdivision (b), to the following entities:
(1) The building department in each county and city.
(2) Housing code officials, fire service officials, professional
associations concerned with building standards, and any other persons
or entities the department determines appropriate.
SEC. 977. Section 17920.9 of the Health
and Safety Code is amended to read:
17920.9. (a) The department shall propose adoption, amendment, or
repeal by the California Building Standards Commission
Department of General Services pursuant to
Chapter 4 (commencing with Section 18935) of Part 2.5, of those
regulations as are necessary for the provision of minimum fire safety
and fire-resistant standards relating to the manufacture,
composition, and use of foam building systems manufactured for use,
or used, in construction of buildings subject to this part,
mobilehomes subject to Part 2 (commencing with Section 18000), or
factory-built housing subject to Part 6 (commencing with Section
19960), for the protection of the health and safety of persons
occupying those buildings, mobilehomes, or factory-built housing. The
department shall enforce building standards published in the
California Building Standards Code relating to foam building systems,
and other rules and regulations adopted by the department or by
federal law. Each manufacturer of foam building systems shall have
any foam building system manufactured for use in any building,
factory-built housing, or mobilehome listed and labeled by an
approved testing agency certifying that the system meets fire safety
and fire-resistant building standards published in the California
Building Standards Code. The department shall consult with all
available public and private sources to assist in the development of
the building standards and other rules and regulations.
(b) The department shall make inspections of the manufacture of
such foam building systems which it determines are necessary to
insure compliance with the requirements of subdivision (a).
(c) No person shall sell, offer for sale, or use in construction
of buildings subject to this part, mobilehomes subject to Part 2
(commencing with Section 18000), or factory-built housing subject to
Part 6 (commencing with Section 19960), in this state, any foam
building system, and no person shall sell or offer for sale in this
state any such building, mobilehome, or factory-built housing of
which a foam building system is a component, which foam building
system does not comply with, or has not been listed and labeled by an
approved testing agency certifying that the foam building system is
in compliance with, the requirements of subdivision (a) on and after
the 180th day after the building standards or other rules or
regulations become effective.
This subdivision shall not apply to any buildings, mobilehomes, or
factory-built housing constructed prior to the 180th day after those
standards become effective.
(d) No person shall sell, offer for sale, or use in construction
of any building subject to this part, a mobilehome subject to Part 2
(commencing with Section 18000), or factory-built housing subject to
Part 6 (commencing with Section 19960), in this state, any foam
building system, and no person shall sell or offer for sale in this
state any such building, mobilehome, or factory-built housing of
which a foam building system is a component, if the manufacturer
thereof refuses to permit the department to conduct the inspections
required by subdivision (b) on and after the 180th day after the
building standards or other rules or regulations become effective.
(e) As used in this section:
(1) "Foam" means a material made by mixing organic polymers with
air or other gases in a manner that forms a solid substance with
holes filled with air or gas when the mixture is allowed to set.
(2) "Foam building system" means a system of building materials
composed of, in whole or in part, of foam. It includes, but is not
limited to, all combinations of systems such as those composed of
foam inserted between and bonded to two boundary surface materials or
those composed exclusively of foam.
(3) "Building standard" means building standard as defined in
Section 18909.
SEC. 978. Section 17921 of the Health
and Safety Code is amended to read:
17921. (a) Except as provided in subdivision (b), the department
shall propose the adoption, amendment, or repeal of building
standards to the California Building Standards Commission
Department of General Services pursuant to the
provisions of Chapter 4 (commencing with Section 18935) of Part 2.5,
and the department shall adopt, amend, and repeal other rules and
regulations for the protection of the public health, safety, and
general welfare of the occupant and the public governing the
erection, construction, enlargement, conversion, alteration, repair,
moving, removal, demolition, occupancy, use, height, court, area,
sanitation, ventilation and maintenance of all hotels, motels,
lodging houses, apartment houses, and dwellings, and buildings and
structures accessory thereto. Except as otherwise provided in this
part, the department shall enforce those building standards and those
other rules and regulations. The other rules and regulations adopted
by the department may include a schedule of fees to pay the cost of
enforcement by the department under Sections 17952 and 17965.
(b) The State Fire Marshal shall adopt, amend, or repeal and
submit building standards for approval pursuant to the provisions of
Chapter 4 (commencing with Section 18935) of Part 2.5, and the State
Fire Marshal shall adopt, amend, and repeal other rules and
regulations for fire and panic safety in all hotels, motels, lodging
houses, apartment houses and dwellings, buildings, and structures
accessory thereto. These building standards and regulations shall be
enforced pursuant to Sections 13145 and 13146; however, this section
is not intended to require an inspection by a local fire agency of
each single-family dwelling prior to its occupancy.
SEC. 979. Section 17958 of the Health
and Safety Code is amended to read:
17958. Except as provided in Sections 17958.8 and 17958.9, any
city or county may make changes in the provisions adopted pursuant to
Section 17922 and published in the California Building Standards
Code or the other regulations thereafter adopted pursuant to Section
17922 to amend, add, or repeal ordinances or regulations which impose
the same requirements as are contained in the provisions adopted
pursuant to Section 17922 and published in the California Building
Standards Code or the other regulations adopted pursuant to Section
17922 or make changes or modifications in those requirements upon
express findings pursuant to Sections 17958.5 and 17958.7. If any
city or county does not amend, add, or repeal ordinances or
regulations to impose those requirements or make changes or
modifications in those requirements upon express findings, the
provisions published in the California Building Standards Code or the
other regulations promulgated pursuant to Section 17922 shall be
applicable to it and shall become effective 180 days after
publication by the California Building Standards Commission
Department of General Services . Amendments,
additions, and deletions to the California Building Standards Code
adopted by a city or county pursuant to Section 17958.7, together
with all applicable portions of the California Building Standards
Code, shall become effective 180 days after publication of the
California Building Standards Code by the California Building
Standards Commission Department of General Services
.
SEC. 980. Section 17958.7 of the Health
and Safety Code is amended to read:
17958.7. (a) Except as provided in Section 17922.6, the governing
body of a city or county, before making any modifications or changes
pursuant to Section 17958.5, shall make an express finding that such
modifications or changes are reasonably necessary because of local
climatic, geological or topographical conditions. Such a finding
shall be available as a public record. A copy of those findings,
together with the modification or change expressly marked and
identified to which each finding refers, shall be filed with the
California Building Standards Commission
Department of General Services . No modification or change
shall become effective or operative for any purpose until the finding
and the modification or change have been filed with the
California Building Standards Commission Department of
General Services .
(b) The California Building Standards Commission
Department of General Services may reject a
modification or change filed by the governing body of a city or
county if no finding was submitted.
SEC. 981. Section 17959 of the Health
and Safety Code is amended to read:
17959. (a) No later than December 31, 2003, the department shall
consider proposed universal design guidelines for home construction
or home modifications which may be submitted by the California
Department of Aging, the California Commission on Aging, the
Department of Rehabilitation, the office
Office of the State Architect of the Department of
General Services , the office
Office of the State Fire Marshal, the California
Building Standards Commission Department of General
Services , or other state departments. Thereafter, the
department, without significantly impacting housing cost and
affordability, shall, in consultation with these agencies, develop
guidelines and at least one model ordinance for new construction and
home modifications that is consistent with the principles of
universal design as promulgated by the Center for Universal Design at
North Carolina State University or other similar design guidelines
that enhance the full life cycle use of housing without regard to the
physical abilities or disabilities of a home's occupants or guests
in order to accommodate a wide range of individual preferences and
functional abilities. In developing these guidelines and model
ordinances, the department also shall meet with, and solicit
information from, individuals and organizations representing
individuals and entities with interests in construction, local
governments, the health and welfare of senior citizens and persons
with disabilities, architects, and others with expertise in these
design and living issues. The department shall ensure that at least
three meetings subject to the Bagley-Keene Open Meeting Act (Article
9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division
3 of the Government Code) shall occur, that shall include
opportunities for government agencies, individuals, and organizations
identified in this subdivision to participate and comment on
proposed guidelines or draft model ordinances.
(b) (1) In addition to the authority granted by Sections 17958.5
and 18941.5, and for the purposes of this section, a city, county, or
city and county may, by ordinance, make changes or modifications in
addition to or in excess of the requirements contained in the
California Building Standards Code adopted pursuant to Sections 17922
and 18928 if the city, county, or city and county makes a finding
that the changes and modifications are reasonably necessary and are
substantially the same as the guidelines or model ordinances adopted
pursuant to subdivision (a). In no case shall the changes or
modifications be less restrictive than the requirements published in
the California Building Standards Code.
(2) A city, county, or city and county adopting an ordinance
pursuant to this subdivision shall file a copy of the ordinance and
the findings with the department. No such ordinance shall become
effective or operative for any purpose until the findings and the
ordinance have been filed with the department. The department may
review the findings and each ordinance to evaluate their consistency
with this subdivision, and shall provide written comments to the
adopting entity as to any such evaluation.
(c) (1) In a city, county, or city and county where a universal
design ordinance has not been adopted pursuant to subdivision (b),
developers of housing for senior citizens, persons with disabilities,
and other persons and families are encouraged, but not required, to
seek information and assistance from the department and the
California Department of Aging regarding the principles of universal
design specified in subdivision (a) and consider those principles in
their construction.
(2) The department, the California Department of Aging, and any
other interested state agency also may, to the extent feasible,
disseminate information to interested persons and entities in all
parts of the state regarding the principles of universal design and
their relationship to new construction and home modifications.
(d) Subdivision (b) shall become operative on January 1, 2005.
SEC. 982. Section 17959.6 of the Health
and Safety Code is amended to read:
17959.6. (a) Ninety days after the Department of Housing and
Community Development certifies and makes available a standard form
pursuant to subdivision (h), but
in no event sooner than July 1, 2004, for housing
developments for which a building permit application is submitted on
or after that date, a developer of any new for-sale residential
housing development, including, but not limited to, a single family
dwelling, duplex, triplex, townhouse, condominium, or other homes,
shall provide to a buyer a list of universal accessibility features
that would make the home entrance, interior routes of travel, the
kitchen, and the bathrooms fully accessible to persons with
disabilities.
(b) (1) (A) The list shall include the features described in
paragraphs (2) to (7), inclusive, and any others that the developer
deems necessary or appropriate to effectuate the purposes of this
section.
(B) To the extent that any of the features described in paragraphs
(2) to (7), inclusive, are included in Chapter 11A of the California
Building Code (Part 2 of Title 24 of the California Code of
Regulations), they shall be listed consistent with, and shall be
installed in a manner at least consistent with, that chapter. A
developer that lists and installs materials and features in a manner
at least consistent with Chapter 11A or successor chapters of the
California Building Code, shall be deemed to be in compliance with
the requirements of this subparagraph. Other features shall be listed
and installed in a manner appropriate to effectuate the purposes of
this section.
(C) Notwithstanding subparagraph (B), the developer and buyer may
agree in writing to different standards than those provided in
subparagraph (B) if the different standards and their deviation from
the standards in subparagraph (B) are clearly disclosed.
(2) General external adaptations:
(A) Accessible route of travel to the dwelling unit.
(B) Accessible landscaping of the side and rear yards.
(C) Accessible route from the garage or parking area to the
dwelling unit primary and secondary entries.
(3) Doors, openings, and entries:
(A) Accessible primary front door, doorway, and threshold.
(B) Accessible interior doors and doorways.
(C) Accessible secondary exterior doors, doorways, and thresholds.
(D) Accessible levered handles on all specified doors.
(E) An entry door sidelight or high and low peephole viewers.
(F) Visual fire alarms and visual doorbells.
(G) Accessible sliding glass door.
(4) General interior adaptations:
(A) Accessible routes to at least one bedroom, bathroom, and
kitchen from the primary entrance.
(B) Accessible switches, outlets, and thermostats.
(C) Visual fire alarms and visual doorbells.
(D) Rocker light switches.
(E) Closet rods and shelves adjustable from three feet to five
feet six inches high.
(F) A residential elevator or lift.
(G) If provided, a service porch with accessible workspace,
cabinets, and appliances.
(5) Kitchen:
(A) Adequate accessible clear floorspace at appliances.
(B) Repositionable sink and countertop workspaces.
(C) Accessible cabinets and drawers, including pullout shelves,
bread boards, and Lazy Susans.
(D) Accessible sink features and controls.
(E) Accessible built-in or provided appliances, including
refrigerator, stove, oven, dishwasher, and countertop microwave or
convection oven.
(F) Enhancements such as a contrasting color edge at countertops,
contrasting floor designs marking accessible routes and work areas,
antiscald device on plumbing fixtures, and undercabinet lighting.
(6) Bathrooms and powder rooms (applicable to one or more
bathrooms, at the option of the buyer):
(A) Grab bar backing and grab bars in all requested locations.
(B) Accessible clear floorspace and turning circles.
(C) Accessible sink (lavatory) with adequate knee space and
protection.
(D) Accessible toilet (water closet).
(E) Accessible roll-in shower in lieu of a standard tub or shower.
(F) Accessible faucet handles and an adjustable handheld
showerhead.
(G) Enhancements such as a contrasting color edge at countertops,
contrasting floor designs marking accessible routes and work areas,
and antiscald device on plumbing fixtures.
(7) Any other external or internal feature requested at a
reasonable time by the buyer that is reasonably available and
reasonably feasible to install or construct and makes the residence
more usable for a person with disabilities in order to accommodate
any type of disability.
(c) For each feature on the list required by subdivision (b), the
developer shall indicate whether the feature is standard, limited,
optional, or not available.
(d) If a developer chooses to offer those features listed in
subdivision (b) as modifications that may be made to a home, the
developer shall indicate on the list required by subdivision (b) at
what point in the construction process the buyer must notify the
developer that the buyer wishes to purchase the features.
(e) If a local jurisdiction adopts a model ordinance developed
pursuant to Section 17959 that requires developers to provide
standard or optional accessibility features in homes described in
subdivision (b), a developer subject to that ordinance is required to
include on the list required by subdivision (b) only those features
beyond those required by the ordinance.
(f) Nothing in this section shall be construed to require a
developer to provide the features listed in subdivision (b) during
the construction process or at any other time, unless the developer
has offered to provide a feature and the buyer has requested it and
agreed to provide payment.
(g) Any willful violation by a developer of this section shall be
punishable by a civil penalty of five hundred dollars ($500).
(h) The department may adopt regulations that it determines are
necessary and appropriate for the use and enforcement of this
section. The regulations may include, but not be limited to,
providing specificity to any features not otherwise covered as
mandatory features in Chapter 11A or 11B of the California Building
Code, additional mandatory requirements for forms, and additional
procedures for offer or acceptance of features. The department may
develop, certify, and make available a standard form providing the
information required by this section, except for costs, and that
standard form shall be exempt from adoption pursuant to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code). A
developer's use of a form substantially the same as that developed
and distributed by the department shall be deemed to comply with this
section.
(i) Pursuant to Section 17959, upon adoption by the department of
guidelines or a model ordinance that defines those features deemed to
provide universal accessibility, those guidelines or that model
ordinance shall supersede the features listed in subdivision (b).
(j) This section shall not be construed to require action by the
California Building Standards Commission
Department of General Services pursuant to the California
Building Standards Law (Part 2.5 (commencing with Section 18901) of
Division 13 of the Health and Safety Code).
SEC. 983. Section 18613.5 of the Health
and Safety Code is amended to read:
18613.5. The Department of Housing and Community Development,
with the review and advice of the Seismic Safety Commission
Department of General Services , shall adopt
such rules and regulations as are necessary to ensure that purchasers
of all manufactured homes and mobilehomes installed for human
occupancy pursuant to Section 18613 are offered earthquake resistant
bracing systems which meet generally accepted seismic safety
standards for the reduction of damage and for the protection of the
health and safety of the occupants. Such rules and regulations also
shall include provisions for establishing a process and a fee
schedule for the design review and certification by the department.
To the extent practical, the department shall be responsible for
notifying owners of existing licensed manufactured homes and
mobilehomes that a certification process has been established so that
when considering purchase of a bracing system the owners can
determine if the product or system is certified by the department.
The fees established by the department shall be sufficient to pay
for the development of the design criteria and standards and the
costs for the design review and certification of the products or
systems.
SEC. 984. Section 18901 of the Health
and Safety Code is amended to read:
18901. (a) This part shall be known and may be cited as the
California Building Standards Law.
(b) The California Building Standards Commission shall
continue within the State and Consumer Services Agency.
Any reference in any statute or regulation to the "California
Building Standards Commission" and any reference in this part to
"commission" shall refer to the Department of General Services. Any
reference in this part to "department" means the Department of
General Services, unless the context requires otherwise.
(c) The Director of General Services
shall appoint a subordinate officer, who shall hold office at the
pleasure of the Director of General Services to carry out the
day-to-day functions of this part . The subordinate
officer shall make public the processes of the Department of General
Services under this part. The subordinate officer shall appoint, in
accordance with civil service and other provisions of law, officers
and employees necessary to carry out the intent and purposes of this
part.
SEC. 985. Section 18907 of the Health
and Safety Code is amended to read:
18907. "Approval" means, with respect to the procedure for
promulgation of a building standard, the action of approval by the
California Building Standards Commission
Department of General Services . Until there is approval of the
standard by the commission Department of
General Services , it shall be a proposed building standard or
regulation.
SEC. 986. Section 18912 of the Health
and Safety Code is repealed.
18912. "Commission" means the California Building Standards
Commission.
SEC. 987. Section 18914 of the Health
and Safety Code is amended to read:
18914. "Executive director" means the Executive
Director of the California Building Standards
Commission General Services .
SEC. 988. Article 1 (commencing with Section
18920) of Chapter 2 of Part 2.5 of Division 13 of the
Health and Safety Code is repealed.
SEC. 989. Article 2 (commencing with Section
18925) of Chapter 2 of Part 2.5 of Division 13 of the
Health and Safety Code is repealed.
SEC. 990. Section 18926 of the Health
and Safety Code is amended to read:
18926. (a) There is, in the office of the executive
director Department of General Services , a
coordinating council. The membership of the council shall consist of
the executive director Director of General
Services , who shall serve as chairperson, and representatives
appointed by the State Director of Health Services, the Director of
the Office of Statewide Health Planning and Development, the Director
of Housing and Community Development, the Director of Industrial
Relations, the State Fire Marshal, the Executive Director of the
State Energy Resources Conservation and Development Commission, and
the Director of General Services.
(b) Subject to the pleasure of the commission
Department of General Services :
(1) The council or any member of the council shall, when called
and directed in writing by the executive director, work with and
assist an agency proposing building standards or adopting building
standards, or both, in the development of proposals for building
standards.
(2) When a state agency contemplates the adoption of any building
standard, it shall, prior to commencing any action to prepare a draft
of the proposal, advise the executive director, in writing, of that
intent and request the executive director to call the council, or any
member of the council, as appropriate, for assistance.
(3) Whenever the commission Department of
General Services returns for amendment, or rejects any proposed
building standard, and one of the reasons for that action is that
approval of the proposal would create a conflict with existing
building standards of other adopting agencies, the executive
director Director of General Services shall
call the council or any member of the council, as appropriate, to
assist in the elimination of the conflict.
(4) The council shall draft proposed building standards which the
commission is authorized to adopt pursuant to Section 18933 for the
consideration of the commission and approval, utilizing the criteria
of Section 18930.
SEC. 991. Section 18927 of the Health
and Safety Code is amended to read:
18927. The commission Department of
General Services may appoint from the design professions, the
building and construction industry, the affected general public, and
interested governmental agencies, appropriate advisory panels to
advise the commission and its staff with respect to building
standards. The persons appointed to the panels shall be specifically
knowledgeable and qualified in the type of work embraced by the
building standards in question. These persons shall serve without
compensation, but may receive actual necessary travel expenses.
SEC. 992. Section 18928 of the Health
and Safety Code is amended to read:
18928. (a) Each state agency adopting or proposing adoption of a
model code, national standard, or specification shall reference the
most recent edition of applicable model codes, national standards, or
specifications.
(b) Each state agency adopting or proposing adoption of a model
code, national standard, or specification shall adopt or propose
adoption of the most recent editions of the model codes, as amended
or proposed to be amended by the adopting agency, within one year
after the date of publication of the model codes, national standards,
or specifications. The "date of publication of a model code,
national standard, or specification" is either of the following:
(1) The date of publication printed in the model code, national
standard, or specification. If only a month and year are shown by the
model code, national standard, or specification adopting agency or
body, the date of publication shall be considered to be the last day
of the month shown.
(2) The date determined by the commission
Department of General Services , if no publication date is
shown in the model code, national standard, or specification. The
commission department shall notify all
adopting agencies of its determination within 15 days.
(c) If the adopting agencies fail to comply with subdivision (b),
the commission department shall convene
a committee to recommend to the commission
department the adoption, amendment, or repeal, on the agencies'
behalf, of the most recent editions of the model codes, national
standards, or specifications and necessary state standards.
SEC. 993. Section 18928.1 of the Health
and Safety Code is amended to read:
18928.1. Building standards adopted or approved by the
commission Department of General Services shall
incorporate the text of the model codes, applicable national
specifications, or published standards, in whole or in part, only by
reference, with appropriate additions or deletions therefrom. The
commission Department of General Services
may elect to adopt or approve standards which incorporate, in
whole or in part, the text of these publications, with changes
therein, or deletions therefrom, directly incorporated into the text
of the California Building Standards Code, but no textual material
contained in any of the model codes, as enumerated in Section 18916,
may be included in the California Building Standards Code by means
other than incorporation by reference, unless the commission
department and the governing body of the
organization that publishes the model codes first reach a written
agreement concerning the terms and conditions of the publication,
including, but not limited to, whether the publication will be by the
commission department or the model
code organization, or both. The model code governing body may not
withhold any publication agreement on the basis of the substantive
provisions contained in the California Building Standards Code.
SEC. 994. Section 18929 of the Health
and Safety Code is amended to read:
18929. (a) Except as otherwise provided in subdivision (b),
administrative regulations adopted by state agencies that apply
directly to the implementation or enforcement of building standards
shall be forwarded to the California Building Standards
Commission Department of General Services for
approval. Each regulation shall be adopted in compliance with the
procedures specified in Section 18930 and in Article 5 (commencing
with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2
of the Government Code. These administrative regulations shall be
published in the administrative part of the California Building
Standards Code.
(b) This section shall not apply to any regulations adopted by the
Department of Housing and Community Development that apply directly
to the implementation or enforcement of building standards.
SEC. 995. Section 18929.1 of the Health
and Safety Code is amended to read:
18929.1. (a) The commission Department of
General Services shall receive proposed building standards
from state agencies for consideration in an annual code adoption
cycle. The commission department shall
develop regulations setting forth the procedures for the annual
adoption cycle. The regulations shall ensure all of the following:
(1) Adequate public participation in the development of building
standards prior to submittal to the commission
department for adoption and approval.
(2) Adequate notice, in written form, to the public of the
compiled building standards and their justification.
(3) Adequate technical review of proposed building standards and
accompanying justification by advisory bodies appointed by the
commission department .
(4) Adequate time for review of recommendations by advisory bodies
prior to action by the commission department
.
(5) The procedures shall meet the intent of the Administrative
Procedure Act (Chapter 5 (commencing with Section 11500) of Division
3 of Title 2 of the Government Code) and Section 18930.
(b) Where this section is in conflict with other provisions of
this part, the intent of this section shall prevail.
SEC. 996. The heading of Chapter 3 (commencing
with Section 18930) of Part 2.5 of Division 13 of the
Health and Safety Code is amended to read:
CHAPTER 3. POWERS OF THE COMMISSION
DEPARTMENT OF GENERAL SERVICES WITH RESPECT TO BUILDING STANDARDS
SEC. 997. Section 18930 of the Health
and Safety Code is amended to read:
18930. (a) Any building standard adopted or proposed by state
agencies shall be submitted to, and approved or adopted by, the
California Building Standards Commission
Department of General Services prior to codification. Prior to
submission to the commission department
, building standards shall be adopted in compliance with the
procedures specified in Article 5 (commencing with Section 11346) of
Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
Code. Building standards adopted by state agencies and submitted to
the commission department for approval
shall be accompanied by an analysis written by the adopting agency or
state agency that proposes the building standards which shall, to
the satisfaction of the commission department
, justify the approval thereof in terms of the following
criteria:
(1) The proposed building standards do not conflict with, overlap,
or duplicate other building standards.
(2) The proposed building standard is within the parameters
established by enabling legislation and is not expressly within the
exclusive jurisdiction of another agency.
(3) The public interest requires the adoption of the building
standards.
(4) The proposed building standard is not unreasonable, arbitrary,
unfair, or capricious, in whole or in part.
(5) The cost to the public is reasonable, based on the overall
benefit to be derived from the building standards.
(6) The proposed building standard is not unnecessarily ambiguous
or vague, in whole or in part.
(7) The applicable national specifications, published standards,
and model codes have been incorporated therein as provided in this
part, where appropriate.
(A) If a national specification, published standard, or model code
does not adequately address the goals of the state agency, a
statement defining the inadequacy shall accompany the proposed
building standard when submitted to the commission
department .
(B) If there is no national specification, published standard, or
model code that is relevant to the proposed building standard, the
state agency shall prepare a statement informing the
commission department and submit that statement
with the proposed building standard.
(8) The format of the proposed building standards is consistent
with that adopted by the commission
department .
(9) The proposed building standard, if it promotes fire and panic
safety, as determined by the State Fire Marshal, has the written
approval of the State Fire Marshal.
(b) In reviewing building standards submitted for its approval,
the commission department shall
consider only the record of the proceedings of the adopting agency,
except as provided in subdivision (b) of Section 11359 of the
Government Code.
(c) Where the commission department
is the adopting agency, it shall consider the record submitted to,
and considered by, the state agency that proposes the building
standards and the record of public comment that results from the
commission's Department of General Services'
adoption of proposed regulations.
(d) (1) The commission department
shall give great weight to the determinations and analysis of the
adopting agency or state agency that proposes the building standards
on each of the criteria for approval set forth in subdivision (a).
Any factual determinations of the adopting agency or state agency
that proposes the building standards shall be considered conclusive
by the commission department unless the
commission department specifically
finds, and sets forth its reasoning in writing, that the factual
determination is arbitrary and capricious or substantially
unsupported by the evidence considered by the adopting agency or
state agency that proposes the building standards.
(2) Whenever the commission department
makes a finding, as described in this subdivision, it shall
return the standard to the adopting agency or state agency that
proposes the building standards for a reexamination of its original
determination of the disputed fact.
(e) Whenever a building standard is principally intended to
protect the public health and safety, its adoption shall not be a
"factual determination" for purposes of subdivision (d). Whenever a
building standard is principally intended to conserve energy or other
natural resources, the commission department
shall consider or review the cost to the public or benefit to
be derived as a "factual determination" pursuant to subdivision (d).
Whenever a building standard promotes fire and panic safety, each
agency shall, unless adopted by the State Fire Marshal, submit the
building standard to the State Fire Marshal for prior approval.
(f) Whenever the commission department
finds, pursuant to paragraph (2) of subdivision (a), that a
building standard is adopted by an adopting agency pursuant to
statutes requiring adoption of the building standard, the
commission department shall not consider or
review whether the adoption is in the public interest pursuant to
paragraph (3) of subdivision (a).
SEC. 998. Section 18931 of the Health
and Safety Code is amended to read:
18931. The commission Department of
General Services shall perform the following:
(a) In accordance with Section 18930 and within 120 days from the
date of receipt of adopted standards, review the standards of
adopting agencies and approve, return for amendment with recommended
changes, or reject building standards submitted to the
commission department for its approval. When
building standards are returned for amendment or rejected, the
commission department shall inform the
adopting agency or state agency that proposes the building standards
of the specific reasons for the recommended changes or rejection,
citing the criteria required under Section 18930. When standards are
not acted upon by the commission department
within 120 days, the standards shall be approved, including
codification and publication in the California Building Standards
Code, without further review and without return or rejection by the
commission department .
(b) Codify, including publish, all building standards of adopting
agencies or state agencies that propose the building standards and
statutes defining building standards into one California Building
Standards Code.
(c) Resolve conflict, duplication, and overlap in building
standards in the code.
(d) Ensure consistency in nomenclature and format in the code.
(e) In accordance with Section 18945, hear appeals resulting from
the administration of state building standards.
(f) Adopt any procedural regulations which it deems necessary to
administer this part.
(g) The commission department shall
direct the executive director to prepare a comprehensive listing of
all state amendments developed for publication in the California
State Building Code (Part 2 (commencing with Section 101), Title 24,
California Code of Regulations), referencing the 1994 Edition of the
Uniform Building Code, as published by the International Conference
of Building Officials, for the period beginning January 1, 1995,
through December 31,
1995. The listing shall identify the following:
(1) Each new state amendment to the 1994 Edition of the Uniform
Building Code, as published by the International Conference of
Building Officials, and the state agency that adopted the new
amendment.
(2) (A) The analysis justifying the adoption or proposal of the
amendment identified in paragraph (1), submitted pursuant to
paragraph (2) of subdivision (a) of Section 18930.
(B) The analysis justifying the adoption or proposal of the
amendment identified in paragraph (1), submitted pursuant to
paragraph (3) of Section 18930.
(C) The analysis justifying the adoption or proposal of the
amendment identified in paragraph (1), submitted pursuant to
paragraph (5) of Section 18930.
(D) The analysis justifying the adoption or proposal of the
amendment identified in paragraph (1), submitted pursuant to
paragraph (7), or to subparagraph (A) or (B) of paragraph (7) of
subdivision (a) of Section 18930.
(3) Existing state amendments, published in earlier editions of
the California State Building Code (Part 2 (commencing with Section
101), Title 24, California Code of Regulations), which are published
in the California State Building Code referencing the 1994 Edition of
the Uniform Building Code, as published by the International
Conference of Building Officials.
(4) The California Building Standards Commission's
Department of General Services' determination as
to whether the amendment referred to in paragraph (3) continues to
be justified under the criteria set forth in Section 18930. The
commission department shall use
information gathered in the study required by Chapter 1289 of the
Statutes of 1990 in making its determination, and may also request
information from the state agency that adopted or proposed the
amendments.
The commission department shall
perform this task to the extent feasible, and within the existing
budget constraints during the triennial adoption process of the
California Building Standards Code, referencing the 1994 Edition of
the Uniform Building Code as published by the International
Conference of Building Officials. The commission
department shall be authorized to reduce the scope of the
review should fiscal restraints warrant this action. In the event a
reduction in the scope of the review is made, the commission
department shall give priority to those
sections of the California State Building Code (Part 2 (commencing
with Section 101), Title 24, California Code of Regulations) that
directly affect residential construction.
(5) Upon completion of the comprehensive listing required by this
subdivision, the commission department
shall inform the public and all state agencies with the authority to
develop building standards that the listing has been completed, and
that copies will be made available upon request.
SEC. 999. Section 18931.5 of the Health
and Safety Code is amended to read:
18931.5. (a) Each state agency that adopts or proposes building
standards shall pay annually to the California Building
Standards Commission Department of General Services
a proportionate share of the cost of the review and publication
of building standards which are published or proposed to be
published in the California Building Standards Code.
(b) The commission department shall
determine the proportional cost to be paid for review of existing
building standards and the amount to be paid for review of building
standards, adopted or proposed by a state agency, that have been
submitted for publication in the California Building Standards Code.
SEC. 1000. Section 18932 of the Health
and Safety Code is amended to read:
18932. (a) The code shall indicate the agency having
responsibility vested by law for the administration of each building
standard and the occupancy or occupancies affected by each building
standard.
(b) The code shall include an index and reference guide.
(c) The commission Department of General
Services shall establish the format for the code to conform it
as nearly as it deems practicable with the model codes.
SEC. 1001. Section 18933 of the Health
and Safety Code is amended to read:
18933. (a) The commission Department of
General Services may give affected state agencies reasonable
time, as specified by the commission
department , to adopt amendments to building standards
submitted for approval. If the agencies do not do so within the
reasonable time as specified, the commission
department shall convene a committee composed of a
representative from each of the agencies affected and any other
qualified persons who are selected by the commission
department . This committee shall prepare a
recommendation for commission department
action upon the building standards. Upon the recommendation, or
if the committee does not prepare a recommendation and deliver it to
the commission department within 30
days after being appointed, the commission
department may rewrite, edit, amend, or adopt, and approve the
building standards consistent with the intent of this part and in
accordance with the Administrative Procedure Act and the criteria for
approval provided in Section 18930. It shall not, however, be
required that hearings or other administrative procedure be
duplicated on unchanged portions of building standards previously
adopted and approved by the commission
department .
(b) (1) Pursuant to Section 18943, the commission
department , after publication of building
standards pursuant to Section 18941 in the triennial edition of the
code, shall recommend to affected state agencies the repeal of
building standards of those state agencies which were adopted, or
are, in conflict with other published standards in the code. If the
state agencies do not repeal the building standards within a
reasonable time as specified by the commission
department , the commission
department shall convene a committee composed of a
representative of each of the agencies affected and other qualified
persons selected by the commission department
to prepare a recommendation for commission
department action on the building standards.
(2) Upon the recommendation, or if the committee does not prepare
a recommendation and deliver it to the commission
department within 30 days after being appointed, the
commission department may repeal the
building standards, in accordance with the Administrative Procedure
Act. This subdivision shall not supersede Section 18943, but,
instead, provides the procedure for effecting that section.
SEC. 1002. Section 18934 of the Health
and Safety Code is amended to read:
18934. State agencies proposing to adopt building standards shall
adopt, and the commission Department of
General Services shall approve, regulations establishing
procedures to ensure public participation in the development of
building standards and regulations.
SEC. 1003. Section 18934.5 of the
Health and Safety Code is amended to read:
18934.5. Where no state agency has the authority to adopt
building standards applicable to state buildings, the
commission Department of General Services shall
adopt, approve, codify, and publish building standards providing the
minimum standards for the design and construction of state buildings,
including buildings constructed by the Trustees of the California
State University and, to the extent permitted by law, to buildings
designed and constructed by the Regents of the University of
California. Building standards for state buildings shall comply with
the criteria in subdivision (a) of Section 18930.
SEC. 1004. Section 18934.7 of the
Health and Safety Code is amended to read:
18934.7. On or before January 1, 1993, the commission
Department of General Services shall adopt,
approve, codify, and publish by reference in the California Building
Standards Code the building standards in Appendix Chapter 1 of the
Uniform Code for Building Conservation of the International
Conference of Building Officials to provide minimum standards for
buildings specified in that appendix, except for buildings subject to
building standards adopted pursuant to Part 1.5 (commencing with
Section 17910).
SEC. 1005. Section 18934.8 of the
Health and Safety Code is amended to read:
18934.8. (a) Pursuant to subdivision (b), the commission
Department of General Services may adopt
amendments to the California Building Standards Code provided that
they are substantially the same as model code amendments which were
adopted on an emergency basis by the code publishers, if the sections
being amended are not under the authority of a state agency.
(b) The commission department may
consider adoption of emergency amendments made to the model codes in
an expedited rulemaking process outside the annual code adoption
cycle set forth in Section 18929.1. If a model code organization
adopts emergency amendments, the commission
department may adopt those amendments 120 days after the
organization's adoption of those amendments. This rulemaking process
shall be completed within 180 days from the date the amendments were
adopted by the model code organization. The commission
department shall ensure that the rulemaking
process includes all of the following:
(1) Adequate public participation in the development of building
standards prior to submittal to the commission
department for adoption and approval.
(2) Adequate written notice to the public of the compiled building
standards and the written justification therefor.
(3) Adequate technical review of proposed building standards and
accompanying justification by advisory bodies appointed by the
commission department .
(4) Adequate time for review of recommendations by advisory bodies
prior to action by the commission department
.
(c) Amendments to the California Building Standards Code adopted
pursuant to this section shall take effect 60 days from the date on
which they are adopted by the commission
department .
(d) Nothing in this section shall be construed to permit
amendments to the California Building Standards Code that decrease
the level of disabled access provided.
SEC. 1006. Section 18935 of the Health
and Safety Code is amended to read:
18935. (a) Notice of proposed building standards shall be given
and hearings shall be held by the adopting agencies, as required by
the Administrative Procedure Act, prior to the adoption of the
building standards and submission to the commission
Department of General Services for approval. The
notice of proposed building standards and the initial statement of
reasons for the proposed building standards shall comply with Article
5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of
Division 3 of Title 2 of the Government Code. The adopting agency or
state agency that proposes the building standards shall submit the
notice and initial statement of reasons for proposed building
standards to the California Building Standards Commission
Department of General Services , which shall
review them for compliance with Article 5 (commencing with Section
11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the
Government Code. If the commission Department
of General Services determines that the adopting agency or
state agency that proposes the building standards has complied with
Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of
Division 3 of Title 2 of the Government Code, the
commission Department of General Services shall
approve the notice and initial statement of reasons for proposed
building standards, and submit them to the Office of Administrative
Law for the sole purpose of inclusion in the California Regulatory
Notice Register. The Office of Administrative Law shall publish only
those notices of proposed building standards which have been approved
by, and submitted to, the office by the California Building
Standards Commission Department of General Services
.
(b) In order to ensure an absence of conflict between hearings and
a maximum opportunity for interested parties to be heard, no
hearings by adopting agencies shall be conducted unless the time and
place thereof has been approved in writing by the commission
Department of General Services prior to public
notices of the hearing being given by the adopting agencies.
(c) If, after building standards are submitted to the
commission Department of General Services for
approval, the commission Department of
General Services requires changes therein as a condition for
approval, and the changes are made, no additional hearing by the
affected state agency shall be required in connection with making the
changes when the commission Department of
General Services determines the changes are nonsubstantial,
solely grammatical in nature, or are sufficiently related to the text
submitted to the commission Department of
General Services for approval that the public was adequately
placed on notice that the change could result from the originally
proposed building standards.
SEC. 1007. Section 18938 of the Health
and Safety Code is amended to read:
18938. (a) Building standards shall be filed with the Secretary
of State and codified only after they have been approved by the
commission Department of General Services
and shall not be published in any other title of the California
Code of Regulations. Emergency building standards shall be filed
with the Secretary of State and shall take effect only after they
have been approved by the commission
department as required by Section 18937. The filing of building
standards adopted or approved pursuant to this part, or any
certification with respect thereto, with the Secretary of State, or
elsewhere as required by law, shall be done solely by the
commission department .
(b) The building standards contained in the Uniform Fire Code of
the International Conference of Building Officials and the Western
Fire Chiefs Association, Inc., the Uniform Building Code of the
International Conference of Building Officials, Appendix Chapter 1 of
the Uniform Code for Building Conservation of the International
Conference of Building Officials, the Uniform Plumbing Code of the
International Association of Plumbing and Mechanical Officials, the
National Electrical Code of the National Fire Protection Association,
and the Uniform Mechanical Code of the International Conference of
Building Officials and the International Association of Plumbing and
Mechanical Officials, as referenced in the California Building
Standards Code, shall apply to all occupancies throughout the state
and shall become effective 180 days after publication in the
California Building Standards Code by the California
Building Standards Commission Department of General
Services or at a later date after publication established by
the commission department .
(c) Except as otherwise provided in this subdivision, an adoption,
amendment, or repeal of a building standard shall become effective
180 days after its publication in the triennial edition of the
California Building Standards Code or one of its supplements, or at
any later date as approved by the California Building
Standards Commission Department of General Services
, with the exceptions of standards adopted pursuant to Section
25402 of the Public Resources Code and those regulations that
implement or enforce building standards. Regulations that implement
or enforce building standards shall become effective 30 days after
filing by the commission department
with the Secretary of State. This subdivision shall not apply to
emergency building standards. An amendment or a repeal of a building
standard in the California Building Standards Code that, as
determined by the commission department
, would result in a less restrictive regulation, shall become
effective 30 days after filing of the amendment or repeal by the
commission with the Secretary of State.
(d) Emergency standards defined in subdivision (a) of Section
18913 shall become effective when approved by the commission, and
filed with the Secretary of State, or upon any later date specified
therein, and remain in effect as provided by Section 11346.1 of the
Government Code and Section 18937 of this code. Emergency standards
shall be distributed as soon as practicable after publication to all
interested and affected parties. Notice of repeal, pursuant to
Section 11346.1 of the Government Code, of emergency standards
defined in subdivision (a) of Section 18913 within the period
specified by that section, shall also be given to the parties by the
affected agencies promptly after the termination of the statutory
period pursuant to Section 11346.1 of the Government Code.
(e) This section shall not be applicable to the time limits set
forth in Sections 17922 and 17958 for approval of uniform codes and
for changes by local agencies in the California Building Standards
Code.
SEC. 1008. Section 18944.41 of the
Health and Safety Code is amended to read:
18944.41. Sections 18944.30, 18944.31, 18944.33, 18944.35, and
18944.40 shall become inoperative when building standards become
effective after approval by the California Building
Standards Commission Department of General Services
pursuant to Chapter 4 (commencing with Section 18935) that
permit the construction of structures that use baled straw as a
loadbearing or nonloadbearing material and that are safe to the
public.
SEC. 1009. Section 18947 of the Health
and Safety Code is amended to read:
18947. Where the appeal issue results from the enforcement of a
standard for occupational safety and health by an inspector of the
Division of Occupational Safety and Health of the Department of
Industrial Relations, the employer shall appeal directly to the
Occupational Safety and Health Employment and
Benefits Appeals Board, and the appeal shall be conducted
pursuant to the provisions of Chapter 7 (commencing with Section
6600) of Part 1 of Division 5 of the Labor Code. Such an appeal, if
sent to the commission in error, shall be forwarded immediately to
the Occupational Safety and Health Employment
and Benefits Appeals Board. The date of receipt of any such
appeal by the commission shall be considered the date of filing for
purposes of meeting the filing time requirements of Section 6600 of
the Labor Code.
SEC. 1010. Section 18949.4 of the
Health and Safety Code is amended to read:
18949.4. The State Energy Resources Conservation and Development
Commission shall submit building standards to the commission for
review and approval pursuant to Section 18930 in accordance with the
time schedule established by the State Building Standards
Commission Department of General Services .
SEC. 1011. Section 18958 of the Health
and Safety Code is amended to read:
18958. Except as provided in Section 18930, the following state
agencies, in addition to the State Historical Building Safety Board,
shall have the authority to adopt rules and regulations pursuant to
the State Historical Building Code governing the rehabilitation,
preservation, restoration, related reconstruction, safety, or
relocation of qualified historical buildings and structures within
their jurisdiction:
(a) The Division of the State Architect.
(b) The State Fire Marshal.
(c) The State Building Standards Commission
Department of General Services , but only with respect to
approval of building standards.
(d) The Department of Housing and Community Development.
(e) The Department of Transportation.
(f) Other state agencies that may be affected by this part.
SEC. 1012. Section 18960 of the Health
and Safety Code is amended to read:
18960. (a) A State Historical Building Safety Board is hereby
established as a unit within the Division of the State Architect. The
board shall be composed of qualified experts in their respective
fields who shall represent various state and local public agencies,
professional design societies and building and preservation oriented
organizations.
(b) This board shall act as a consultant to the State Architect
and to the other applicable state agencies for purposes of this part.
The board shall recommend to the State Architect and the other
applicable state agencies rules and regulations for adoption pursuant
to this part.
(c) The board shall also act as a review body to state and local
agencies with respect to interpretations of this part as well as on
matters of administration and enforcement of it. The board's
decisions shall be reported in printed form.
(1) Notwithstanding subdivision (b) of Section 18945, if any local
agency administering and enforcing this part or any person adversely
affected by any regulation, rule, omission, interpretation,
decision, or practice of this agency representing a building standard
wishes to appeal the issue for resolution to the State Historical
Building Safety Board, these parties may appeal to the board. The
board may accept the appeal only if it determines that issues
involved in the appeal have statewide significance.
(2) The State Historical Building Safety Board shall, upon making
a decision on an appeal pursuant to paragraph (1), send a copy to the
State Building Standards Commission
Department of General Services .
(3) Requests for interpretation by local agencies of the
provisions of this part may be accepted for review by the State
Historical Building Safety Board. A copy of an interpretation
decision shall be sent to the State Building Standards
Commission Department of General Services in the
same manner as paragraph (2).
(4) The State Historical Building Safety Board may charge a
reasonable fee, not to exceed the cost of the service, for requests
for copies of their decisions and for requests for reviews by the
board pursuant to paragraph (1) or (3). All funds collected pursuant
to this paragraph shall be deposited in the State Historical Building
Code Fund, which is hereby established, for use by the State
Historical Building Safety Board. The State Historical Building Code
Fund and the fees collected therefor, and the budget of the State
Historical Building Safety Board, shall be subject to annual
appropriation in the Budget Act.
(5) Local agencies may also charge reasonable fees not to exceed
the cost for making an appeal pursuant to paragraph (1) to persons
adversely affected as described in that appeal.
(6) All other appeals involving building standards under this part
shall be made as set forth in subdivision (a) of Section 18945.
(d) The board shall be composed of representatives of state
agencies and public and professional building design, construction,
and preservation organizations experienced in dealing with historic
buildings. Unless otherwise indicated, each named organization shall
appoint its own representatives. Each of the following shall have one
member on the board who shall serve without pay, but shall receive
actual and necessary expenses incurred while serving on the board:
(1) The Division of the State Architect.
(2) The State Fire Marshal.
(3) The State Historical Resources Commission.
(4) The California Occupational Safety and Health Standards Board.
(5) California Council, American Institute of Architects.
(6) Structural Engineers Association of California.
(7) A mechanical engineer, Consulting Engineers and Land Surveyors
of California.
(8) An electrical engineer, Consulting Engineers and Land
Surveyors of California.
(9) California Council of Landscape Architects.
(10) The Department of Housing and Community Development.
(11) The Department of Parks and Recreation.
(12) The California State Association of Counties.
(13) League of California Cities.
(14) The Office of Statewide Health Planning and Development.
(15) The Department of Rehabilitation.
(16) The California Chapter of the American Planning Association.
(17) The Department of Transportation.
(18) The California Preservation Foundation.
(19) The Seismic Safety Commission
Department of General Service s .
(20) The California Building Officials.
(21) The Building Owners and Managers Association of California.
The 21 members listed above shall select a building contractor as
a member of the board, who shall serve without pay, but shall receive
actual and necessary expenses incurred while serving on the board.
Each of the appointing authorities shall appoint, in the same
manner as for members, an alternate in addition to a member. The
alternate member shall serve in place of the member at the meetings
of the board that the member is unable to attend. The alternate shall
have all of the authority that the member would have when the
alternate is attending in the place of the member. The board may
appoint, from time to time, as it deems necessary, consultants who
shall serve without pay but shall receive actual and necessary
expenses as approved by the board.
(e) The term of membership on the board shall be for four years,
with the State Architect's representative serving continually until
replaced. Vacancies on the board shall be filled in the same manner
as original appointments. The board shall annually select a
chairperson from among the members of the board.
SEC. 1013. Section 19164 of the Health
and Safety Code is amended to read:
19164. Any city, city and county, or county may assign allowable
working stresses to existing materials based on substantiating
research data or engineering judgment. Such allowable working
stresses shall be limited by a safety factor which is reasonably
commensurate with the importance of the element in which the material
is used. In the event the local jurisdiction does not have the
ability to assign such allowable working stresses, it may employ as a
consultant the office of the State Architect. Allowable working
stresses prepared by the office of the State Architect for any city,
city and county, or county shall be subject to approval by the
Seismic Safety Commission Department of
General Services .
SEC. 1014. Section 19881 of the
Health and Safety Code is amended to read:
19881. (a) No person shall sell, or offer for sale, any new or
used unvented heater that is designed to be used inside any dwelling
house or unit, with the exception of an electric heater, or
decorative gas logs for use in a vented fireplace.
(b) Notwithstanding subdivision (a), natural-gas-fueled unvented
decorative gas logs and fireplaces may be sold if the Department of
Housing and Community Development and the State Department
of Health Services State Department of Health Care
Services approve of their use, and all of the following are
satisfied:
(1) The Department of Housing and Community Development and the
State Department of Health Services State
Department of Health Care Services consider and develop
recommended standards for their use. The cost of developing these
standards may not exceed one hundred forty-five thousand dollars
($145,000).
(2) Natural-gas-fueled unvented decorative gas logs and fireplaces
meet the standards developed in accordance with paragraph (1) by the
Department of Housing and Community Development and the
State Department of Health Services State Department
of Health Care Services .
(3) The California Building Standards Commission
Department of General Services adopts the
standards developed in accordance with paragraph (1) and pursuant to
Section 18930.
(4) Natural-gas-fueled unvented decorative gas logs and fireplaces
are listed by an agency approved by the Department of Housing and
Community Development.
(c) Installation of natural-gas-fueled unvented decorative gas
logs and fireplaces sold under standards developed pursuant to
subdivision (b) shall be in accordance with the California Building
Standards Code.
SEC. 1015. Section 19958.6 of the
Health and Safety Code is amended to read:
19958.6. (a) A person who violates Section 19952, 19955, 19955.5,
19956, 19956.5, or 19959 or any of the regulations implementing
those sections that have been promulgated by the State Architect
pursuant to Section 4450 of the Government Code and approved by the
California Building Standards Commission
Department of General Services shall be subject to a civil
penalty of two thousand five hundred dollars ($2,500) for each
violation.
(b) A person who remains in violation of the statutes and
regulations specified in subdivision (a) for more than 90 days after
receipt of written notice from a governmental agency identifying the
violation shall be subject to an additional civil penalty of not less
than five hundred dollars ($500) nor more than two thousand five
hundred dollars ($2,500) for each violation for each additional day
that the violation remains. In assessing the amount of the civil
penalty under this subdivision, the court may consider relevant
circumstances presented by the parties to the case, including, but
not limited to, the following:
(1) The nature and seriousness of the violations.
(2) The number of violations.
(3) The persistence of the violations.
(4) The willfulness of the defendant's conduct.
(5) The defendant's assets, liabilities, and net worth.
(6) Any economic benefit to the defendant resulting from the
violation.
A court may suspend a portion of any penalty imposed pursuant to
this subdivision to the extent that the person, despite diligent
efforts, cannot complete all steps necessary to correct a violation
within the 90-day period. Any suspension of daily penalties shall be
conditioned on adherence to a court-ordered schedule for correcting
the violation.
(c) When imposing penalties under either subdivision (a) or (b),
the court shall impose a separate civil penalty for each violation of
the statutes and implementing regulations mentioned in subdivision
(a). Multiple identical violations at one facility may be deemed to
constitute one violation if the court finds that the multiplicity of
violations did not significantly increase the degree to which access
was compromised.
(d) Every civil action brought under this section shall be brought
in the name of the people of the state by the district attorney, the
city attorney, the county counsel if the district attorney does not
bring an action, the Department of Rehabilitation acting through the
Attorney General, or the Attorney General. An action brought in the
name of the people of the state shall not preclude an action being
brought by an injured person under other applicable laws.
(e) (1) If the action is brought by the Department of
Rehabilitation acting through the Attorney General, or by the
Attorney General, the civil penalties shall be paid to the Treasurer.
Upon prevailing, the Attorney General shall be entitled to recover
all costs of investigating and prosecuting the action, including
expert fees, reasonable attorney's fees, and costs.
(2) If the action is brought by the district attorney, or the
county counsel, the civil penalties shall be paid to the treasurer of
the county in which the judgment was entered.
(3) If the action is brought by the city attorney, the civil
penalties shall be paid to the treasurer of the city bringing the
action. Upon prevailing, the city attorney shall be entitled to
recover all costs of investigating and prosecuting the action,
including, but not limited to, expert fees, reasonable attorney's
fees, and costs.
SEC. 1016. Section 25150 of the Health
and Safety Code is amended to read:
25150. (a) The department shall adopt, and revise when
appropriate, standards and regulations for the management of
hazardous wastes to protect against hazards to the public health, to
domestic livestock, to wildlife, or to the environment.
(b) The department and the local officers and agencies authorized
to enforce this chapter pursuant to subdivision (a) of Section 25180
shall apply the standards and regulations adopted pursuant to
subdivision (a) to the management of hazardous waste.
(c) Except as provided in subdivision (d), the department may
limit the application of the standards and regulations adopted or
revised pursuant to subdivision (a) at facilities operating pursuant
to a hazardous waste facilities permit or other grant of
authorization issued by the department in any manner that the
department determines to be appropriate, including, but not limited
to, requiring these facilities to apply for, and receive, a permit
modification prior to the application of the standards and
regulations.
(d) The department shall not adopt or revise standards and
regulations which result in the imposition of any requirement for the
management of a RCRA waste that is less stringent than a
corresponding requirement adopted by the Environmental Protection
Agency pursuant to the federal act.
(e) The department shall adopt, and revise when appropriate,
regulations for the recycling of hazardous waste to protect against
hazards to the public health, domestic livestock, wildlife, or to the
environment, and to encourage the best use of natural resources.
(f) Before the adoption of regulations, the department shall
notify all agencies of interested local governments, including, but
not limited to, certified unified program agencies, local governing
bodies, local planning agencies, local health authorities, local
building inspection departments, the Department of Pesticide
Regulation, the Department of the California Highway Patrol, the
Department of Fish and Game, the Department of Industrial Relations,
the Division of Industrial Safety, the State Air Resources Board, the
State Water Resources Control Board, the State Fire Marshal,
regional water quality control boards, the State Building
Standards Commission Department of General Services
, the Office of Environmental Health Hazard Assessment, and the
California Integrated Waste Management Board.
SEC. 1017. Section 25244.15.1 of the
Health and Safety Code is amended to read:
25244.15.1. (a) The California Source Reduction Advisory
Committee is hereby created and consists of the following members:
(1) The Executive Director of the State Air Resources Board, as an
ex officio member.
(2) The Executive Director of the State Water Resources Control
Board, as an ex officio member.
(3) The Director of Toxic Substances Control, as an ex officio
member.
(4) The Executive Director of the Integrated Waste
Management Board Secretary for Environmental
Protection , as an ex officio member.
(5) The Chairperson of the California Environmental Policy Council
established pursuant to Section 71017 of the Public Resources Code,
as an ex officio member.
(6) Ten public members with experience in source reduction as
appointed by the department. These public members shall include all
of the following:
(A) Two representatives of local governments from different
regions of the state.
(B) One representative of a publicly owned treatment works.
(C) Two representatives of industry.
(D) One representative of small business.
(E) One representative of organized labor.
(F) Two representatives of statewide environmental advocacy
organizations.
(G) One representative of a statewide public health advocacy
organization.
(7) The department may appoint up to two additional public members
with experience in source reduction and detailed knowledge of one of
the priority categories of generators selected in accordance with
Section 25244.17.1.
(b) The advisory committee shall select one member to serve as
chairperson.
(c) The members of the advisory committee shall serve without
compensation, but each member, other than officials of the state,
shall be reimbursed for all reasonable expenses incurred in the
performance of his or her duties, as authorized by the department.
(d) The advisory committee shall meet at least semiannually to
provide a public forum for discussion and deliberation on matters
pertaining to the implementation of this chapter.
(e) The advisory committee's responsibilities shall include, but
not be limited to, the following:
(1) Reviewing and providing consultation and guidance in the
preparation of the work plan required by Section 25244.22.
(2) Evaluating the performance and progress of the department's
source reduction program.
(3) Making recommendations to the department concerning program
activities and funding priorities, and legislative changes, if
needed.
(f) The advisory committee established by this section shall be in
existence until April 15, 2002, by which date the department shall,
in consultation with the advisory committee, evaluate the role and
activities of the advisory committee and determine if the committee
is beneficial to the implementation of this article. On and after
April 15, 2002, the advisory committee shall continue to exist and
operate to the extent that the department, in consultation with the
advisory committee, determines the advisory committee continues to be
beneficial to the operation of the department's source reduction
programs.
SEC. 1018. Section 25250.1 of the
Health and Safety Code is amended to read:
25250.1. (a) As used in this article, the following terms have
the following meaning:
(1) (A) "Used oil" means all of the following:
(i) Oil that has been refined from crude oil, or any synthetic
oil, that has been used, and, as a result of use or as a consequence
of extended storage, or spillage, has been contaminated with physical
or chemical impurities.
(ii) Material that is subject to regulation as used oil under Part
279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of
Title 40 of the Code of Federal Regulations.
(B) Examples of used oil are spent lubricating fluids that have
been removed from an engine crankcase, transmission, gearbox, or
differential of an automobile, bus, truck, vessel, plane, heavy
equipment, or machinery powered by an internal combustion engine;
industrial oils, including compressor, turbine, and bearing oil;
hydraulic oil; metalworking oil; refrigeration oil; and railroad
drainings.
(C) "Used oil" does not include any of the following:
(i) Oil that has a flashpoint below 100 degrees Fahrenheit or that
has been mixed with hazardous waste, other than minimal amounts of
vehicle fuel.
(ii) (I) Wastewater, the discharge of which is subject to
regulation under either Section 307(b) (33 U.S.C. Sec. 1317(b)) or
Section 402 (33 U.S.C. Sec. 1342) of the federal Clean Water Act (33
U.S.C. Sec. 1251 et seq.), including wastewaters at facilities that
have eliminated the discharge of wastewater, contaminated with de
minimis quantities of used oil.
(II) For purposes of this clause, "de minimis quantities of used
oil" are small spills, leaks, or drippings from pumps, machinery,
pipes, and other similar equipment during normal operations, or small
amounts of oil lost to the wastewater treatment system during
washing or draining operations.
(III) This exception does not apply if the used oil is discarded
as a result of abnormal manufacturing operations resulting in
substantial leaks, spills, or other releases or to used oil recovered
from wastewaters.
(iii) Used oil re-refining distillation bottoms that are used as
feedstock to manufacture asphalt products.
(iv) Oil that contains polychlorinated biphenyls (PCBs) at a
concentration of 5 ppm or greater.
(v) (I) Oil containing more than 1000 ppm total halogens, which
shall be presumed to be a hazardous waste because it has been mixed
with halogenated hazardous waste listed in Subpart D (commencing with
Section 261.30) of Part 261 of Subchapter I of Chapter 1 of Title 40
of the Code of Federal Regulations.
(II) A person may rebut the presumption specified in subclause (I)
by demonstrating that the used oil does not contain hazardous waste,
including, but not limited to, in the manner specified in subclause
(III).
(III) The presumption specified in subclause (I) is rebutted if it
is demonstrated that the used oil that is the source of total
halogens at a concentration of more than 1000 ppm is solely either
household waste, as defined in Section 261.4(b)(1) of Title 40 of the
Code of Federal Regulations, or is collected from conditionally
exempt small quantity generators, as defined in Section 261.5 of
Title 40 of the Code of Federal Regulations. Nothing in this
subclause authorizes any person to violate the prohibition specified
in Section 25250.7.
(2) "Board" means the California Integrated Waste
Management Board Environmental Protection Agency
.
(3) (A) "Recycled oil" means any oil that meets all of the
following requirements specified in clauses (i) to (iii), inclusive:
(i) Is produced either solely from used oil, or is produced solely
from used oil that has been mixed with one or more contaminated
petroleum products or oily wastes, other than wastes listed as
hazardous under the federal act, provided that if the resultant
mixture is subject to regulation as a hazardous waste under Section
279.10(b)(2) of Title 40 of the Code of Federal Regulations, the
mixture is managed as a hazardous waste in accordance with all
applicable hazardous waste regulations, and the recycled oil produced
from the mixture is not subject to regulation as a hazardous waste
under Section 279.10(b)(2) of Title 40 of the Code of Federal
Regulations. If the oily wastes with which the used oil is mixed were
recovered from a unit treating hazardous wastes that are not oily
wastes, these recovered oily wastes are not excluded from being
considered as oily wastes for purposes of this section or Section
25250.7.
(ii) The recycled oil meets one of the following requirements:
(I) The recycled oil is produced by a generator lawfully recycling
its oil.
(II) The recycled oil is produced at a used oil recycling facility
that is authorized to operate pursuant to Section 25200 or 25200.5
solely by means of one or more processes specifically authorized by
the department. The department may not authorize a used oil recycling
facility to use a process in which used oil is mixed with one or
more contaminated petroleum products or oily wastes unless the
department determines that the process to be authorized for mixing
used oil with those products or wastes will not substantially
contribute to the achievement of compliance with the specifications
of subparagraph (B).
(III) The recycled oil is produced in another state, and the used
oil recycling facility where the recycled oil is produced, and the
process by which the recycled oil is produced, are authorized by the
agency authorized to implement the federal act in that state.
(iii) Has been prepared for reuse and meets all of the following
standards:
(I) The oil meets the standards of purity set forth in
subparagraph (B).
(II) If the oil was produced by a generator lawfully recycling its
oil or the oil is lawfully produced in another state, the oil is not
hazardous pursuant to the criteria adopted by the department
pursuant to Section 25141 for any characteristic or constituent other
than those listed in subparagraph (B).
(III) The oil is not mixed with any waste listed as a hazardous
waste in Part 261 (commencing with Section 261.1) of Subchapter I of
Chapter 1 of Title 40 of the Code of Federal Regulations.
(IV) The oil is not subject to regulation as a hazardous waste
under the federal act.
(V) If the oil was produced lawfully at a used oil recycling
facility in this state, the oil is not hazardous pursuant to any
characteristic or constituent for which the department has made the
finding required by subparagraph (B) of paragraph (2) of subdivision
(a) of Section 25250.19, except for one of the characteristics or
constituents identified in the standards of purity set forth in
subparagraph (B).
(B) The following standards of purity are in effect for recycled
oil, in liquid form, unless the department, by regulation,
establishes more stringent standards:
(i) Flashpoint: minimum standards set by the American Society for
Testing and Materials for the recycled products. However, recycled
oil to be burned for energy recovery shall have a minimum flashpoint
of 100 degrees Fahrenheit.
(ii) Total lead: 50 mg/kg or less.
(iii) Total arsenic: 5 mg/kg or less.
(iv) Total chromium: 10 mg/kg or less.
(v) Total cadmium: 2 mg/kg or less.
(vi) Total halogens: 3000 mg/kg or less. However, recycled oil
shall be demonstrated by testing to contain not more than 1000 mg/kg
total halogens listed in Appendix VIII of Part 261 (commencing with
Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code
of Federal Regulations.
(vii) Total polychlorinated biphenyls (PCBs): less than 2 mg/kg.
(C) Compliance with the specifications of subparagraph (B) or with
the requirements of clauses (iv) and (v) of subparagraph (B) of
paragraph (1) shall not be met by blending or diluting used oil with
crude or virgin oil, or with a contaminated petroleum product or oily
waste, except as provided in subclause (II) of clause (ii) of
subparagraph (A), and shall be determined in accordance with the
procedures for identification and listing of hazardous waste adopted
in regulations by the department. Persons authorized by the
department to recycle oil shall maintain records of volumes and
characteristics of incoming used oil and outgoing recycled oil and
documentation concerning the recycling technology utilized to
demonstrate to the satisfaction of the department or other
enforcement agencies that the recycling has been achieved in
compliance with this subdivision.
(D) This paragraph does not apply to oil that is to be disposed of
or used in a manner constituting disposal.
(4) "Used oil recycling facility" means a facility that
reprocesses or re-refines used oil.
(5) "Used oil storage facility" means a storage facility, as
defined in subdivision (b) of Section 25123.3, that stores used oil.
(6) "Used oil transfer facility" means a transfer facility, as
defined in subdivision (a) of Section 25123.3, that meets the
qualifications to be a storage facility, for purposes of Section
25123.3.
(7) (A) For purposes of this section and Section 25250.7 only,
"contaminated petroleum product" means a product that meets all of
the following conditions:
(i) It is a hydrocarbon product whose original intended purpose
was to be used as a fuel, lubricant, or solvent.
(ii) It has not been used for its original intended purpose.
(iii) It is not listed in Subpart D (commencing with Section
251.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the
Code of Federal Regulations.
(iv) It has not been mixed with a hazardous waste other than
another contaminated petroleum product.
(B) Nothing in this section or Section 25250.7 shall be construed
to affect the exemptions in Section 25250.3, or to subject
contaminated petroleum products that are not hazardous waste to any
requirements of this chapter.
(b) Unless otherwise specified, used oil that meets either of the
following conditions is not subject to regulation by the department:
(1) The used oil has not been treated by the generator of the used
oil, the generator claims the used oil is exempt from regulation by
the department, and the used oil meets all of the following
conditions:
(A) The used oil meets the standards set forth in subparagraph (B)
of paragraph (3) of subdivision (a).
(B) The used oil is not hazardous pursuant to the criteria adopted
by the department pursuant to Section 25141 for any characteristic
or constituent other than those listed in subparagraph (B) of
paragraph (3) of subdivision (a).
(C) The used oil is not mixed with any waste listed as a hazardous
waste in Part 261 (commencing with Section 261.1) of Subchapter I of
Chapter 1 of Title 40 of the Code of Federal Regulations.
(D) The used oil is not subject to regulation as either hazardous
waste or used oil under the federal act.
(E) The generator of the used oil has complied with the
notification requirements of subdivision (c) and the testing and
recordkeeping requirements of Section 25250.19.
(F) The used oil is not disposed of or used in a manner
constituting disposal.
(2) The used oil meets all the requirements for recycled oil
specified in paragraph (3) of subdivision (a), the requirements of
subdivision (c), and the requirements of Section 25250.19.
(c) (1) Used oil recycling facilities and
generators lawfully recycling their own used oil that are the first
to claim that recycled oil meets the requirements specified in
paragraph (2) of subdivision (b) shall maintain an operating log and
copies of certification forms, as specified in Section 25250.19. Any
person who generates used oil, and who claims that the used oil is
exempt from regulation pursuant to paragraph (1) of subdivision (b),
shall notify the department, in writing, of that claim and shall
comply with the testing and recordkeeping requirements of Section
25250.19 prior to its reuse. In
(2) In any action to enforce this
article, the burden is on the generator or recycling facility,
whichever first claimed that the used oil or recycled oil meets the
standards and criteria, and on the transporter or the user of the
used oil or recycled oil, whichever has possession, to prove that the
oil meets those standards and criteria.
(d) Used oil shall be managed in accordance with the requirements
of this chapter and any additional applicable requirements of Part
279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of
Title 40 of the Code of Federal Regulations.
SEC. 1019. Section 44021 of the Health
and Safety Code is repealed.
44021. (a) (1) The Inspection and Maintenance Review Committee is
hereby created to analyze the effect of the improved inspection and
maintenance program established by this chapter on motor vehicle
emissions and air quality. The functions of the review committee
shall be advisory in nature and primarily pertain to the gathering,
analysis, and evaluation of information.
(2) The members of the review committee shall receive no
compensation, but shall be reimbursed by the department for their
reasonable expenses in performing committee duties. The state board
and the department shall provide the review committee with any
necessary technical and clerical support in its evaluation and study.
(3) (A) The review committee shall consist of 13 members, nine to
be appointed by the Governor, two by the Senate Committee on Rules,
and two by the Speaker of the Assembly. All members shall be
appointed to four-year terms, and the Governor shall appoint from
among his or her appointees the chairperson of the review committee.
(B) The appointees of the Governor shall include an air pollution
control officer from an enhanced program nonattainment area, three
public members, an expert in air quality, an economist, a social
scientist, a representative of the inspection and maintenance
industry, and a representative of stationary source emissions
organizations.
(C) The appointees of the Senate Committee on Rules shall include
an environmental member with expertise in air quality, and a
representative from the inspection and maintenance industry.
(D) The appointees of the Speaker of the Assembly shall include an
environmental member with expertise in air quality, and a
representative of a local law enforcement agency charged with
prosecuting violations of this chapter in an enhanced program
nonattainment area.
(4) In preparing its evaluations of program effectiveness as
provided in paragraph (1), the review committee shall consult with
the Department of the California Highway Patrol, the Department of
Motor Vehicles, and any other appropriate agencies, as well as the
department and the state board, shall schedule and conduct periodic
meetings in the performance of its duties, and shall meet and consult
with local, state, and federal officials involved in the evaluation
of motor vehicle inspection and maintenance programs. At the request
of the committee, the department or the state board may, on behalf of
the committee, contract with independent entities to assist in the
committee's evaluations.
(b) The review committee shall submit periodic written reports to
the Legislature and the Governor on the performance of the program
and make recommendations on program improvements at least every 12
months. The periodic reports shall quantify the reduction in
emissions and improvement in air quality attributed to the program.
On or before July 1, 2010, the review committee shall, in
consultation with the department and the state board, include a
discussion of the effectiveness of the visible smoke test component
of the inspection and maintenance program, including the impact of
the visible smoke test on the smog check industry and vehicle owners
who fail the test, and an estimate of the reduction in particulate
emissions, in the periodic reports required by this subdivision. Any
reports, other than those required by this section, that the review
committee is required to provide pursuant to this chapter shall also
be transmitted to the Secretary for Environmental Protection and the
Secretary for State and Consumer Services.
(c) The review committee shall work closely with all interested
parties in preparing the information required by subdivisions (a) and
(b) and shall consider the reports provided pursuant to subdivision
(e). The review committee shall hold at least one public hearing on
its findings and recommendations prior to submitting its reports. The
reports shall include statutory language to implement its
recommendations, and shall recommend the timeframe for making any
changes to the program. The review committee shall seek comments from
the department, the Department of Motor Vehicles, the Department of
the California Highway Patrol, and the state board prior to
submitting its reports, and those comments shall be published as an
appendix to the report.
(d) The review committee shall participate in the demonstration
program authorized by Section 44081.6, as provided by that section.
(e) The state board, in cooperation with the department, shall
periodically submit reports to the review committee. The reports
shall include an assessment of the impact on emissions of continuing
the exemption from inspection of motor vehicles newer than five years
old; a comparison of the actual mass emissions reductions being
achieved by the enhanced program to those required by the State
Implementation Plan; and recommendations to improve the effectiveness
and cost-effectiveness of the program, including specific
recommendations addressing any discrepancy between emissions achieved
and those in the State Implementation Plan. The first report shall
be submitted not later than January 1, 2000, and reports shall be
submitted triennially thereafter. In preparing the reports, the state
board shall use data collected during inspections and repairs, and
data collected using roadside measurements, and may conduct
additional testing, as determined to be necessary, to accurately
quantify the mass emissions reduced.
SEC. 1020. Section 50668.5 of the
Health and Safety Code is amended to read:
50668.5. For the purpose of providing financial assistance
pursuant to this chapter utilizing bond proceeds transferred to the
Housing Rehabilitation Loan Fund pursuant to paragraph (2) of
subdivision (a) of Section 53130, paragraph (2) of subdivision (b) of
Section 53130, and Sections 8878.20 and 8878.21 of the Government
Code, deferred payment loans made with these funds shall be subject
to all of the following special provisions, which shall prevail over
conflicting provisions of this chapter:
(a) (1) Applications for fund commitments shall be accepted by the
department at any time. Fund commitments shall be based on a ranking
of applications, which shall occur at least once every three months
until there are insufficient funds available to commit according to
this ranking. In making this ranking for rental housing developments,
priority shall be given to those projects which (A) serve the
greater number of eligible households as defined in Section 50105
with the lowest incomes, (B) provide the greater number of units with
three or more bedrooms, (C) are located in areas where the housing
need is great as determined by the department, taking into
consideration, among other factors, low vacancy rates, high market
rents, long waiting lists for subsidized housing, the stock of
substandard housing, and the potential loss of subsidized rental
housing to market-rate housing through demolition, foreclosure, or
subsidy termination, (D) complement the implementation of an existing
housing program, (E) maximize private, local, and other funding
sources, and (F) maximize long-term benefits for eligible households,
as defined in Sections 50079.5 and 50105. Subparagraph (B) above
shall not apply to applications for fund commitments submitted
pursuant to Section 50670 or to any application for residential
hotels and motels. In making this ranking for owner-occupied housing,
priority shall be given to those applications which (A) serve the
greater number of eligible households, as defined in Section 50105,
with the lowest income, (B) provide the greater number of units with
three or more bedrooms, (C) are located in areas where the need for
rehabilitation is great as determined by the department, taking into
consideration, among other factors, the amount of substandard
owner-occupied housing, low vacancy rates, and limited availability
of affordable housing, (D) complement the implementation of an
existing housing program, and (E) maximize available and appropriate
private, local, and other funding sources. The department shall also
evaluate the capability of the sponsor to rehabilitate, own, and
manage the rental housing development or the capability of the
applicant for funding for owner-occupied housing to implement the
proposed program.
(2) Loans for rental housing developments may be reviewed,
approved, and funded by the department directly to the sponsor. In
these cases, the department shall ensure that the sponsor notifies
the local legislative body of the sponsor's loan application prior to
a funding award. Loans to owner-occupants may be made by local
public entities or nonprofit corporations which have received fund
commitments from the department. The department shall ensure that the
local public entity or nonprofit corporation applying for fund
commitments for loans to owner-occupants notifies the local
legislative body of the application prior to a funding award. When
the department certifies a local public entity or nonprofit
corporation as being capable of making these loans, the department
shall delegate responsibility for reviewing and approving these loans
to the local public entity or nonprofit corporation. If it is
determined by the department that the local public entity or
nonprofit corporation is no longer capable of making or managing
these loans, the department may, at its sole discretion, revoke that
delegation of responsibility or cancel the funding commitment to the
local public entity or nonprofit corporation, or both. The department'
s regulations shall include procedures and standards for
certification and decertification.
(3) A sponsor may apply for loans for one or more rental housing
developments.
(b) (1) A housing development may utilize any combination of
federal, state, local, and private financial resources necessary to
make the development affordable, for the term of the state's
regulatory agreement, to the eligible households. Notwithstanding the
requirements of Section 50663, rental housing developments and
owner-occupied units assisted by the program may be located anywhere
in the state.
(2) In the case of loans for rental housing developments awarded
to nonprofit sponsors, the total secured debt in a superior position
to the department's loan, plus the department's loan, shall not
exceed 100 percent of the after rehabilitation value of the property,
as determined by an appraisal of the property conducted pursuant to
guidelines established in regulations of the department.
(3) The maximum loan amounts per unit established in regulations
pursuant to Section 50670 shall also apply to rental housing
developments rehabilitated or acquired and rehabilitated pursuant to
paragraph (1) of subdivision (a) of Section 50661, except that there
shall not be a maximum loan amount established per project. These
dollar limitations may be increased by the department, as necessary,
in high-cost areas of the state or where the correction of severe
health and safety defects or the provisions of handicapped
accessibility standards necessitate greater assistance. The
department, by regulation, may specify unit loan limits for loans
made for owner-occupied housing and the circumstances under which it
may grant exceptions to, or variances from, these limits.
(4) (A) Loans made to sponsors of rental housing developments for
acquisition and rehabilitation shall be for terms of not less than 30
years. Loans made to sponsors of rental housing developments for
rehabilitation only shall be for terms of not less than 20 years.
However, the term shall not exceed the useful life of the rental
housing development for which the loan is made. The sponsor may elect
to begin to repay the loan at any time in accordance with the
prepayment plan established in accordance with paragraph (6), if it
is determined by the department, that the sponsors can continue to
maintain the rents at levels affordable to eligible households.
(B) The term of the loan and the time for repayment may be
extended by the department for additional 10-year terms as long as
the rental housing development is operated in a manner consistent
with the regulatory agreement and the sponsor requires an extension
in order to continue to operate in a manner consistent with this
chapter.
(5) (A) In the case of loans made for rental housing developments,
eligible costs shall include those costs relating to (i) real
property acquisition, including refinancing of existing debt to the
extent necessary to reduce debt service to a level consistent with
the provision of affordable rents and the fiscal integrity of the
project; (ii) rehabilitation or reconstruction, including the
conversion of nonresidential structures to residential use; (iii)
general property improvements which are necessary to correct unsafe,
unhealthy, or unsanitary conditions, including renovations and
remodeling, including, but not limited to, remodeling of kitchens and
bathrooms, installation of new appliances, landscaping, and purchase
or installation of central air conditioning; (iv) necessary and
related onsite improvements; (v) reasonable administrative expenses
in connection with the planning and execution of the project, as
determined by the department; (vi) reasonable consulting costs; (vii)
rent-up costs; (viii) seismic rehabilitation improvements; and (ix)
any other costs of rehabilitation authorized by the department.
"Rent-up costs," as used in this section, means costs incurred while
a unit is on the housing market but not rented to its first tenant.
"Seismic rehabilitation improvements," as used in this section, means
improvements which are designed to increase seismic structural
safety in accordance with a plan developed by a civil engineer, a
structural engineer, or an architect for a particular building that
has been identified as hazardous by the city or county in which the
building is located in accordance with the criteria established by
the Seismic Safety Commission Department of
General Services pursuant to Section 8875.1 of the Government
Code or in accordance with a previously adopted city or county
seismic safety ordinance adopted pursuant to Section 19163.
(B) In the case of loans made for owner-occupied housing, eligible
costs shall include those costs relating to (i) rehabilitation work
expenses; (ii) cost of room additions necessary to alleviate
overcrowding; (iii) costs of general property improvements including
renovations and remodeling, including, but not limited to, remodeling
of kitchens and bathrooms, installation of new appliances,
landscaping and purchase or installation of central air conditioning,
to the extent that they are necessary to correct unsafe, unhealthy,
or unsanitary conditions; (iv) costs related to necessary
architectural, engineering, and other technical consultants; (v)
costs of preliminary reports, title policies, credit reports,
appraisal reports, and fees for recording documents related to the
department's loans; (vi) costs of building permits and other
governmental fees; and (vii) if in conjunction with other
rehabilitation work, costs for improvements related to making the
housing accessible to the handicapped.
(C) Notwithstanding the provisions of Section 53130 which limit
the use of allocated proceeds with respect to project operating
costs, and Sections 53131 and 53133, the department may set aside or
use any amounts available in the fund to establish a rental housing
development default reserve for the purpose of curing or avoiding a
sponsor's defaults on the terms of any loan or other obligation which
jeopardizes the financial integrity of a rental housing development
or the department's security in the rental housing development. The
payment or advance of funds by the department pursuant to this
subparagraph shall be solely within the discretion of the department
and no sponsor shall be entitled to or have any right to payment of
these funds. Funds advanced pursuant to this subparagraph shall be
added to the loan amount secured by the deed of trust and shall be
payable to the department upon demand.
(D) Notwithstanding the provisions of Section 53130 which limit
the use of allocated proceeds with respect to project operating
costs, or Sections 53131 and 53133, the department may set aside or
use proceeds in the fund in an amount not to exceed 3 percent of the
amount of encumbrances for loans for owner-occupied housing to
establish an owner-occupied housing default reserve for the purpose
of curing or avoiding an owner's default on the terms of any loan or
other obligation which jeopardizes the department's security in the
owner-occupied housing. The payment or advance of funds by the
department pursuant to this subparagraph shall be solely within the
discretion of the department, and no homeowner shall be entitled to,
or have any right to payment of, these funds. Funds advanced pursuant
to this subparagraph shall be added to the loan amount secured by
the deed of trust and shall be payable to the department upon demand.
Interest payments from loans for owner-occupied housing shall be
allocated by the department into this reserve to replace the
allocated proceeds until the percent established by the department is
achieved solely with interest payments.
(6) Upon request of the sponsor, the department may permit
repayment of a sponsor's loan on the basis of net cash-flow. The
department shall develop a prepayment plan in conjunction with the
sponsor which will ensure the maintenance of affordable rents and the
fiscal integrity of the rental housing development. As an incentive
to encourage the prepayment of loans, the department may permit the
sponsor to retain one-half of the net cash-flow. The department shall
determine the method for calculating net cash-flow, which may
include a factor for excess debt service coverage or a return on cash
investment to the sponsor.
(7) If a loan is made pursuant to this chapter for both seismic
rehabilitation improvements and other eligible rehabilitation costs,
only those costs related to the seismic rehabilitation improvements
shall be counted and included for purposes of the fund reservation
made by Section 8878.20 of the Government Code.
(c) Principal and accumulated interest is due and payable upon
completion of the term of the loan. The loan shall bear interest at
the rate of 3 percent per annum on the unpaid principal balance.
However, the department shall reduce or eliminate interest payments
on a loan for any year or, alternatively, defer interest until the
deferred payment loan is repaid, if necessary to provide affordable
rents to households of very low and low income. The ability to pay
all or part of the 3 percent simple annual interest shall not be
considered in determining the fiscal integrity of the rental housing
development at the time of the rating and ranking of an application.
(1) "Maintain affordable rent levels," as used in this section,
means rents may be automatically increased by the sponsor on an
annual basis pursuant to an inflation index to be determined by the
department. The inflation index shall reflect anticipated annual
changes in rental housing development operating costs from a base
year when the rents are initially established. Any sponsor may appeal
to the department for a greater adjustment in rents necessary to
ensure the fiscal integrity of the rental housing development. If the
department does not respond within 60 days, the request shall be
deemed approved. A 30-day written notice shall be given to each
eligible household prior to an adjustment in the amount of rent.
(2) (A) Upon prior written approval by the department, a sponsor
may set income limits for incoming tenants at a level below the limit
specified in Section 50079.5. If a tenant's income exceeds this
income limit established by the sponsor, but does not exceed the
limit specified in Section 50079.5, that fact alone shall neither
constitute cause for the tenant's eviction, nor be a violation of the
sponsor's loan agreement. If a tenant's income exceeds the income
limit for a household specified in Section 50079.5, the tenant shall
be required to vacate the assisted unit within six months from the
date of income recertification or notice to the sponsor of an
increase in income over the permissible income level. That period may
be extended by the sponsor for an additional six-month period in
high cost rental areas with low vacancy rates, as determined by the
department. Any vacant units shall be rented to eligible households
until the required residency by eligible households is attained.
(B) In the case of limited equity housing cooperatives, the
provisions of this paragraph shall apply, except that tenants whose
incomes, upon recertification, exceed the limit specified in Section
50079.5 shall not be required to vacate their units. Instead, and
upon six months' notice, these tenants shall be required to pay rent
in an amount equal to the market rate rent for comparable units, as
determined by the department. When a tenant's income exceeds the
limit specified in Section 50079.5, the next available membership
share for occupancy in a comparable unit shall be sold to a household
with an income at or below this limit.
(3) When operating income as defined by the department is greater
than operating expenses, debt service, deposits required for reserve
accounts, payments pursuant to paragraph (6) of subdivision (b) if
elected by the sponsor, approved annual distributions, and any other
disbursements approved by the department, these excess funds shall be
paid into an account established in the fund. Funds in this account
shall be appropriated to the department for use to assist rental
housing developments funded pursuant to this section with proceeds of
bonds issued pursuant to Chapter 27 of the Statutes of 1988, Chapter
30 of the Statutes of 1988, or Chapter 48 of the Statutes of 1988,
subject to the following requirements:
(i) Excess funds in the account shall be allocated first into the
rental housing development default reserve established pursuant to
subparagraph (C) of paragraph (5) of subdivision (b). The balance of
this default reserve shall not exceed the maximum level of funding
established by regulations adopted by the department.
(ii) After the rental housing development default reserve is fully
funded with these excess funds, the department shall use all
additional excess funds in the account for payment of either
unforeseen capital improvements, the cost of which would jeopardize
the fiscal integrity and affordability of a rental housing
development, or to further reduce rents in a rental housing
development. The department may adopt regulations which specify the
procedures and standards for application for, and use of, these
funds. Those payments used for capital improvements shall be added to
the loan amount secured by the deed of trust and shall be payable to
the department upon demand.
(d) Prior to disbursement of any funds for loans to rental housing
developments made pursuant to this section, the department shall
enter into a regulatory agreement with the sponsor in accordance with
subdivision (d) of Section 50670, except that (1) the term of the
regulatory agreement shall be for the original term of the loan and
the agreement shall be binding upon the sponsor and successors in
interest upon sale or transfer of the rental housing development or
prepayment of the loan and (2) a nonprofit sponsor, other than a
governmental agency, may maintain a debt service coverage ratio of
115 percent and distribute earnings in an amount no greater than 8
percent of the nonprofit sponsor's actual investment. The regulatory
agreement also shall contain provisions requiring annual inspections
and review of year-end fiscal audits and related reports by the
department and provisions to maintain affordable rent levels to serve
eligible households.
(e) Where loans will be used in conjunction with federal or other
housing assistance or tax credits and a conflict exists between the
other state or federal program requirements and those of this chapter
with respect to the calculation of rents, the requirements of the
Deferred Payment Rehabilitation Loan Program and the Special User
Housing Rehabilitation Program may be waived only to the extent
necessary to permit federal or other state financial participation or
eligibility for tax credits.
(f) "Sponsor," for purposes of this section, has the same meaning
as defined in subdivision (c) of Section 50669.
(g) (1) The department shall adopt emergency regulations to
implement this chapter and to amend the maximum loan amounts per unit
established in regulations adopted pursuant to Section 50670, with
respect to loans made with funding subject to this section. The
regulations shall be conclusively presumed to be necessary for the
immediate preservation of the public peace, health, safety, or
general welfare within the meaning or purposes of Section 11346.1 of
the Government Code.
(2) Notwithstanding conflicting provisions of this chapter, the
department may elect to make the regulations referred to in paragraph
(1) additionally applicable until December 31, 1993, to all other
deferred payment loan programs authorized by this chapter, except the
programs specified in Sections 50662.5 and 50671, if the department
determines that the uniformity achieved thereby will avoid
significant additional administrative costs.
(h) For purposes of this section, "rental housing development"
means a single family house or a multifamily structure or structures
containing two or more dwelling units, including efficiency units.
One or more of the dwelling units in a rental housing development
shall be rented or leased or otherwise occupied as a primary
residence by a person or household who is not the owner of the
structure or structures. For the purposes of this section, motels
operated pursuant to subdivision (b) of Section 50669, residential
hotels, group or congregate homes, and limited equity housing
cooperatives are rental housing developments. Except for motels, the
limitations concerning types of residents and minimum number of units
set forth in subdivision (b) of Section 50669 shall not apply.
(i) "Affordable rent" for the purposes of this section shall be
established by the department in the regulations authorized by
subdivision (g). However, the initial rents shall be established by
the department based on a designated family size for each unit size,
and those initial rents shall not exceed 30 percent of 50 percent of
the area median income adjusted by that designated family size for
units restricted to occupancy by very low income households; or 30
percent of 60 percent of area median income adjusted by that
designated family size for units restricted to occupancy by
low-income households. In establishing affordable rent levels, the
department shall make provision in its regulations for projects
serving the physically and mentally handicapped persons.
SEC. 1021. Section 50671.6 of the
Health and Safety Code is amended to read:
50671.6. For the purpose of preserving or expanding the supply of
rental housing affordable to low- and very low-income tenants in
cities or counties affected by a natural disaster as defined by
Section 8680.3 of the Government Code, resulting in a state of
emergency proclaimed by the Governor pursuant to Section 8625 of the
Government Code, financial assistance may be provided as prescribed
in this chapter under the following special conditions, which shall
prevail over conflicting provisions of this chapter and
administrative regulations:
(a) Funds may be used for the purpose of repair or refinancing in
conjunction with rehabilitation of rental housing developments. For
purposes of this section, rehabilitation may include reconstruction.
The loans shall only be made in a city, county, or city and county
proclaimed by the Governor to be in a state of disaster and only when
the Director of the Department of Housing and Community Development
has determined that the disaster has decreased the supply of
low-income rental housing. The loan funds may be used to repair
disaster related damage, bring the housing into compliance with
applicable health and safety and seismic safety standards, and to
make property improvements that are related to that compliance. If
reconstruction is precluded on the original project site due to
documented soil, geological, or other conditions that cannot be
mitigated at a reasonable cost, or the cost of the rehabilitation or
reconstruction would exceed 110 percent of the value after
reconstruction, the department may approve reconstruction on a
comparable site in the immediate neighborhood.
(b) (1) Rental
housing developments, for this purpose, shall include, but not be
limited to, multifamily rental dwellings, apartments, residential
hotels, mobilehome parks, group homes for senior citizens or the
disabled, buildings of mixed residential rental and commercial use,
and buildings of mixed owner-occupant and rental use that are made
available for permanent residency of tenants. Rental housing
developments must contain five or more units. For buildings of mixed
residential rental and commercial use, funds may be used for costs
directly attributable to the residential space or the conversion of
commercial space to residential space or a pro-rata share, based on
gross floor area mix at the time of the disaster, if costs cannot be
directly attributable to either commercial or residential space.
(2) Eligible cost shall include those costs relating to all of the
following:
(A) Refinancing of existing debt to the extent necessary to reduce
debt service to a level consistent with the provision of affordable
rents and the fiscal integrity of the project.
(B) Rehabilitation or reconstruction.
(C) General property improvements that are necessary to correct
unsafe, unhealthy, or unsanitary conditions, including renovations
and remodeling, including, but not limited to, remodeling of kitchens
and bathrooms, installation of new appliances, landscaping, and
purchase or installation of central air conditioning.
(D) Necessary and related onsite improvements.
(E) Reasonable administrative expenses in connection with the
planning and execution of the project, as determined by the
department.
(F) Reasonable consulting costs.
(G) Rent-up costs.
(H) Seismic rehabilitation improvements.
(I) Any other costs of rehabilitation authorized by the
department.
(3) (A) "Rent-up costs," as used in this section, means costs
incurred while a unit is on the housing market but not rented to its
first tenant.
(B) "Seismic rehabilitation improvements," as used in this
section, means improvements that are designed to increase seismic
structural safety in accordance with a plan developed by a civil
engineer, a structural engineer, or an architect for a particular
building that has been identified as hazardous by the city or county
in which the building is located in accordance with the criteria
established by the Seismic Safety Commission
Department of General Services pursuant to Section 8875.1 of
the Government Code or in accordance with a previously adopted city
or county seismic safety ordinance adopted pursuant to Section 19163.
(4) Eligible activities, not fundable under the program, shall
include those costs relating to both of the following:
(A) Acquisition of property.
(B) Conversion of nonresidential structures to residential use.
(c) The loans need not be made in support of the programs
specified in Section 50663.
(d) As a condition of assistance under this section, sponsors of
rental housing developments shall agree to the restrictions set forth
in this subdivision with respect to assisted units. The proportion
of assisted units shall at least be equal to the proportion of
project costs financed pursuant to this section to the total
after-rehabilitation value of the rental housing development.
(1) For any loan under this section for the rehabilitation of
units, the borrower must maintain affordable rent levels for
low-income households, as defined by Section 50079.5, for assisted
units for the term of the loan.
(2) "Maintain affordable rent levels," as used in this section,
means rents may be automatically increased by the sponsor on an
annual basis pursuant to increases in the median income of the county
in which the rental housing development is located. Any sponsor may
appeal to the department for a greater adjustment in rents necessary
to ensure the fiscal integrity of the rental housing development. If
the department does not respond within 60 days, the request shall be
deemed approved. A 30-day written notice shall be given to each
eligible household prior to an adjustment in the amount of rent.
(3) (A) Upon prior written approval by the department, a sponsor
may set income limits for incoming tenants at a level below the limit
specified in Section 50079.5. If a tenant's income exceeds this
income limit established by the sponsor, but does not exceed the
limit specified in Section 50079.5, that fact alone shall neither
constitute cause for the tenant's eviction, nor be a violation of the
sponsor's loan agreement. If a tenant's income exceeds the income
limit for a household specified in Section 50079.5, the tenant shall
be required to vacate the assisted unit within six months from the
date of income recertification or notice to the sponsor of an
increase in income over the permissible income level. That period may
be extended by the sponsor for an additional six-month period in
high cost rental areas with low vacancy rates as determined by the
department. Any vacant units shall be rented to eligible households
until the required residency by eligible households is attained.
(B) In the case of limited equity housing cooperatives, the
provisions of this paragraph shall apply, except that tenants whose
incomes, upon recertification, exceed the limit specified in Section
50079.5 shall not be required to vacate their units. Instead, and
upon six months' notice, these tenants shall be required to pay rent
in an amount equal to the market rate rent for comparable units, as
determined by the department. When a tenant's income exceeds the
limit specified in Section 50079.5, the next available membership
share for occupancy in a comparable unit shall be sold to a household
with an income at or below this limit.
(4) Any rental housing development assisted pursuant to this
section shall be governed by a regulatory agreement between the
sponsor and the department. The agreement shall, at a minimum,
contain all of the restrictions set forth in this subdivision. The
regulatory agreement shall be recorded, or referenced in a document
recorded, in the office of the county recorder for the county in
which the rental housing development is located. The regulatory
agreement shall be deemed a covenant running with the land and shall
be binding upon the sponsor and any and all successors-in-interest in
case of sale or transfer of the rental housing development for the
original term of the loan, and any extensions thereof, regardless of
any prepayment of the loan.
(5) If any unit undergoing rehabilitation or reconstruction
pursuant to funding under this section is subject to a currently
applicable regulatory agreement between the department and a housing
sponsor, that agreement shall prevail over this subdivision.
(6) In addition to the other requirements of this chapter, the
department may require terms and conditions as it determines
necessary to meet the needs of the disaster area and its victims, to
ensure the fiscal integrity of the rental housing development, and to
protect the interests of the state. The department shall require
that priority in occupancy in any unit assisted pursuant to this
section shall be given first to those occupants who were displaced by
the natural disaster or the resulting rehabilitation of the assisted
rental units. Second priority shall be given to other persons who
were displaced from housing as a result of the natural disaster.
(e) (1) When the requirements of subdivision (a) have been met,
the department shall announce the availability of funds and accept
applications for fund commitments until any deadline established
pursuant to subdivision (e) of 50661.5 has expired. Fund commitments
shall be based on a ranking of applications, which shall occur at
least once for each new disaster. In making this ranking for rental
housing developments, priority shall be given to those projects that:
(A) serve the greater number of eligible households, as defined in
Section 50105, with the lowest incomes; (B) suffered substantial
damage as a result of the natural disaster; (C) are located in areas
where the housing need is great as determined by the department,
taking into consideration, among other factors, low vacancy rates,
high market rents, long waiting lists for subsidized housing, the
stock of substandard housing, and the potential loss of subsidized
rental housing to market-rate housing through demolition,
foreclosure, or subsidy termination; (D) complement the
implementation of an existing housing program; (E) maximize private
local and other funding sources; and (F) maximize long-term benefits
for eligible households, as defined in Sections 50079.5 and 50105.
(2) The department shall also evaluate the capability of the
sponsor to rehabilitate, own, and manage the rental housing
development.
(f) (1) The department may waive the maximum loan amounts and
per-unit loan amounts established by regulation as it determines
necessary to serve the disaster victims. Loans made pursuant to this
section for rehabilitation, shall have a term of up to 20 years.
Loans made pursuant to this section for rehabilitation, or
refinancing and rehabilitation shall have a term of up to 30 years.
(2) Upon request of the sponsor, the department may permit
repayment of a sponsor's loan on the basis of net cash-flow
cashflow . The department shall develop a
prepayment plan in conjunction with the sponsor that shall ensure the
maintenance of affordable rents and the fiscal integrity of the
rental housing development. As an incentive to encourage the
prepayment of loans, the department may permit the sponsor to retain
one-half of the net cash-flow cashflow
. The department shall determine the method for calculating net
cash-flow cashflow , which may include
a factor for excess debt service coverage or a return on cash
investment to the sponsor.
(3) Principal and accumulated interest is due and payable upon
completion of the term of the loan. The loan shall bear interest at
the rate of three percent per annum on the unpaid principal balance.
However, the department shall reduce or eliminate interest payments
on a loan for any year or, alternatively, defer interest until the
deferred payment loan is repaid, if necessary to provide affordable
rents to households of very low-income and low-income. The ability to
pay all or part of the three percent simple annual interest shall
not be considered in determining the fiscal integrity of the rental
housing development at the time of the rating and ranking of an
application.
(g) When a loan will be used in conjunction with federal or other
state housing assistance or tax credits, and a conflict exists
between the other state or federal program requirements and this
chapter with regard to determining maximum allowable rents, the
requirements of this chapter may be waived only to the extent
necessary to permit the federal or other state financial
participation or eligibility for tax credits.
(h) Tenants of rental housing developments rehabilitated with
assistance provided under this section who are displaced as a result
of either the rehabilitation work, or both the natural disaster and
the subsequent rehabilitation work, shall be entitled to relocation
benefits pursuant to, and subject to, the requirements of Section
7265.3 of the Government Code. The costs of the benefits and the
assistance provided to tenants shall be eligible for funding by a
loan provided pursuant to this section. Benefits and assistance
provided hereunder shall not duplicate benefits or assistance for
temporary housing received by tenants from any other public source or
from insurance proceeds.
(i) The department may make loans directly to owners of rental
housing, or contract for the administration of loans under this
section with entities that it determines to have the necessary
experience to successfully administer the loan program, including,
but not limited to, local public agencies and private organizations.
The department may authorize, under that contract, the payment of
expenses incurred by the entities in administering the loan program
and may prescribe the conditions pursuant to which the entities shall
administer the loans.
(j) To the extent that any housing unit or other structure that
was damaged or destroyed is reconstructed pursuant to this section
with substantially the same number of units, it shall be deemed to be
"existing "existing housing" for
purposes of subdivision (d) of Section 37001.5.
(k) Any rule, policy, or standard of general application employed
by the Department of Housing and Community Development in
implementing this section shall not be subject to the requirements of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
() The department shall adopt regulations establishing terms and
conditions upon which repair loans may be made. These regulations
shall be made available to the public by the department.
(m) Fund allocations made pursuant to this section shall not be
subject to review or approval by the Local Assistance Loan and Grant
Committee of the Department of Housing and Community Development
operating pursuant to Subchapter 1 (commencing with Section 6900) of
Chapter 6.5 of Title 25 of the California Code of Regulations.
(n) (1) In order to be eligible for one or more loans pursuant to
this section, the borrower shall agree to all of the following:
(A) All buildings shall be connected to the foundation systems,
except those of unreinforced masonry wall construction, as necessary
to meet the seismic requirements of the 1973 Edition of the Uniform
Building Code of the International Conference of Building Officials
in a manner approved by the department, that may include seismic
strengthening of foundation cripple walls, and affixing or bolting
sill plates to the foundation.
(B) For all buildings of unreinforced masonry wall construction,
all repairs and seismic retrofits shall comply with earthquake hazard
mitigation programs established pursuant to Chapter 12.2 (commencing
with Section 8875) of Division 1 of Title 2 of the Government Code.
(C) All water heaters shall be braced, anchored, or strapped to
resist falling or horizontal displacement due to an earthquake
motion.
(2) The loans shall include an amount sufficient to meet the
requirements of paragraph (1).
SEC. 1022. Section 51614 of the Health
and Safety Code is amended to read:
51614. (a) The agency is hereby vested with full power,
authority, and jurisdiction over the insurance fund. The agency may
perform all acts necessary or convenient in the exercise of any
power, authority, or jurisdiction over the insurance fund, either in
the administration thereof or in connection with the business
administered under this part, as fully and completely as the
governing body of a private insurance carrier.
(b) The agency may create task forces and advisory committees,
when appropriate and as the members deem necessary, for the purpose
of obtaining advice on issues arising as a result of the agency's
activities under this part. Ex officio members of those task forces
and advisory committees may include, but are not limited to, the
Insurance Commissioner or his or her designee, the Director of
Housing and Community Development or his or her designee, the
Director of the Seismic Safety Commission
General Services or his or her designee, and the Director of
the Office of Emergency Services or his or her designee.
SEC. 1023. Section 55100 of the Health
and Safety Code is amended to read:
55100. The local agency may, from time to time, issue its bonds
in the principal amount as the local agency shall determine to be
necessary to provide sufficient funds for financing under this
division and for the payment of interest on bonds of the local
agency, establishment of reserves to secure the bonds, and other
expenditures of the local agency incident to, and necessary or
convenient to, issuance of the bonds.
Prior to the issuance of any bonds pursuant to this division, the
local agency shall submit to the California Housing Finance Agency, a
statement of purpose for which the bonds are proposed to be issued
and the amount of the proposed issuance. The California Housing
Finance Agency shall review every statement submitted to it by a
local agency pursuant to this section. The California Housing Finance
Agency shall determine the general adequacy of the program's
security in protecting the state's credit. If the California Housing
Finance Agency finds the state's credit would be subject to an undue
risk, it may disapprove the proposed issuance or reduce the amount of
the proposed issuance. If the California Housing Finance Agency has
not acted within 30 days of the date that a statement was submitted
pursuant to this section, the proposed issuance shall be deemed
approved by the California Housing Finance Agency.
The aggregate amount of all bonds approved by the California
Housing Finance Agency pursuant to this section shall not exceed two
hundred million dollars ($200,000,000). The California Housing
Finance Agency shall reserve seventy-five million dollars
($75,000,000), which shall not be allocated for 24 months after the
effective date of this division. No agency shall initially receive an
allocation exceeding fifty million dollars ($50,000,000). If an
initial request exceeds one hundred twenty-five million dollars
($125,000,000), the California Housing Finance Agency shall reduce
all requests on the basis of the ratio of eligible buildings in the
jurisdiction to the estimated number of eligible buildings in the
state as determined by the Seismic Safety Commission until one
hundred twenty-five million dollars ($125,000,000) is reached.
Twenty-four months after the effective date of this division, the
California Housing Finance Agency may allocate any remaining funds.
Funds shall first be allocated to any local agency that has not
received an allocation. If these requests exceed the available funds,
the California Housing Finance Agency shall reduce all requests on
the basis of the ratio of eligible buildings in the jurisdiction to
the estimated number of eligible buildings in the state, as
determined by the Seismic Safety Commission
Department of General Services . If there are funds remaining
after allowing for requests by local agencies that have not
previously received an allocation, any local agency which had
previously received an allocation may request further allocations.
Any allocations made to local agencies that have previously received
allocations shall be made only on the basis of the ratio of eligible
buildings in the jurisdiction to the estimated number of eligible
buildings in the state, as determined by the Seismic Safety
Commission Department of General Services .
Eligible buildings in the jurisdiction shall be determined on the
basis of an inventory. After that authorization has been exhausted,
all further proposals for issuance of bonds pursuant to this division
shall be deemed disapproved by the California Housing Finance
Agency.
The local agency shall reimburse the California Housing Finance
Agency for all administrative costs incurred by the California
Housing Finance Agency pursuant to this section.
SEC. 1024. Section 57012 of the Health
and Safety Code is amended to read:
57012. (a) Each agency listed in subdivision (d) shall maintain a
list of all instruments and agreements restricting land uses imposed
by that agency under Section 1471 of the Civil Code or any provision
of law that is administered by that agency, in accordance with all
of the following requirements:
(1) The list shall provide a description of location for each
property that, at a minimum, provides the street address and the
assessor's parcel number. If a street address or assessor's parcel
number is not available, or if a street address or assessor's parcel
number does not adequately describe the property affected by the
instrument or agreement restricting land use, the list shall include
a description of location or the location's geographic coordinates.
(2) The list shall provide a description of any restricted uses of
the property, contaminants known to be present, and any remediation
of the property, if known, that would be required to allow for its
unrestricted use. The recorded instrument or agreement restricting
land uses may be provided in lieu of the description required by this
paragraph.
(3) Each agency shall update its list as new instruments and
agreements restricting land uses are recorded and as instruments and
agreements restricting land uses on properties are changed.
(b) Each agency listed in subdivision (d) shall display the list
required under subdivision (a) on that agency's Web site, and shall
make the list available to the public upon request.
(c) The California Environmental Protection Agency shall oversee
the implementation of this section. In overseeing the implementation
of this section, the California Environmental Protection Agency shall
do all of the following:
(1) Maintain on its Web site hyperlinks to the individual lists
posted pursuant to this section.
(2) Provide a search function that is able to search and retrieve
information from each of the individual lists posted pursuant to this
section.
(3) Create and post a list of all instruments and agreements
restricting land uses that have been sent pursuant to subdivision (e)
of Section 1471 of the Civil Code. The list created and posted
pursuant to this paragraph shall meet all of the following
requirements:
(A) The list shall identify the entity or jurisdiction that
imposed the instrument or agreement restricting land uses.
(B) The list shall include the information required by paragraphs
(1) and (2) of subdivision (a).
(C) The list shall be maintained for informational purposes only.
(D) The list shall contain a notation that information regarding
the listed properties has been provided voluntarily, that the list is
not all-inclusive, and that there may be additional sites where
instruments or agreements restricting land uses have been imposed by
other entities that have not been included on the list.
(d) This section applies to the California Environmental
Protection Agency and to all of the following
entities within the agency:
(1) The California Integrated Waste Management Board.
(2)
(1) The State Water Resources Control Board, and each
California regional water quality control board.
(3)
(2) The Department of Toxic Substances
Control.
SEC. 1025. Section 105405 of the Health
and Safety Code is amended to read:
105405. (a) The department through its Indoor Air Quality Program
shall develop nonbinding guidelines for the reduction of exposure to
volatile organic compounds (VOC) from construction materials in
newly constructed or remodeled office buildings. At a minimum, the
department shall consider all of the following:
(1) The type of building to which the guidelines shall apply.
(2) The methodology for identifying indoor sources of VOC.
(3) The bake-out procedures prior to occupancy for newly
constructed buildings.
(4) The procedures for VOC reduction during and after major
remodeling of occupied buildings.
(5) The need to establish mandatory regulations rather than
nonbinding guidelines for the procedures to reduce VOC exposure in
newly constructed buildings and during the remodeling of buildings
and, in addition, the need for regulation regarding the occupancy of
a newly constructed building or a building undergoing remodeling
where VOC reduction is to be a consideration.
(6) The need to establish an ad hoc group of building construction
material manufacturers, builders, building owners and managers,
organized labor, sheetmetal contractors, plumbing contractors,
mechanical engineers, architects, and building inspectors to advise
the department on procedures and costs related to implementing the
proposed guidelines.
(b) The department shall develop and submit the nonbinding
guidelines to the Legislature, and file copies with the Department of
General Services and the State Building Standards
Commission , by January 1, 1992.
(c) The guidelines developed by the department pursuant to this
section shall be nonbinding and voluntary, and shall therefore, be
exempt from the procedures for adoption of regulations, including the
review and approval by the Office of Administrative Law, pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of the Government Code.
SEC. 1026. Section 116064 of the Health
and Safety Code is amended to read:
116064. (a) As used in this section the following words have the
following meanings:
(1) (A) "Public wading pool" means a pool that meets all of the
following criteria:
(i) It has a maximum water depth not exceeding 18 inches.
(ii) It is a pool other than a pool that is located on the
premises of a one-unit or two-unit residence, intended solely for the
use of the residents or guests.
(B) "Public wading pool" includes, but is not limited to, a pool
owned or operated by private persons or agencies, or by state or
local governmental agencies.
(C) "Public wading pool" includes, but is not limited to, a pool
located in an apartment house, hotel, or similar setting, that is
intended for the use of residents or guests.
(2) "Alteration" means any of the following:
(A) To change, modify, or rearrange the structural parts or the
design.
(B) To enlarge.
(C) To move the location of.
(D) To install a new water circulation system.
(E) To make any repairs costing fifty dollars ($50) or more to an
existing circulation system.
(b) A public wading pool shall have at least two circulation
drains per pump that are hydraulically balanced and symmetrically
plumbed through one or more "T" fittings, and are separated by a
distance of at least three feet in any dimension between the drains.
(c) All public wading pool main drain suction outlets that are
under 12 inches across shall be covered with antivortex grates or
similar protective devices. All main drain suction outlets shall be
covered with grates or antivortex plates that cannot be removed
except with the use of tools. Slots or openings in the grates or
similar protective devices shall be of a shape, area, and arrangement
that would prevent physical entrapment and would not pose any
suction hazard to bathers.
(d) (1) The State Department of Health Services
State Department of Public Health may
adopt regulations pursuant to this section.
(2) The regulations may include, but not be limited to, standards
permitting the use of alternative devices or safeguards, or
incorporating new technologies, that produce, at a minimum,
equivalent protection against entrapment and suction hazard, whenever
these devices, safeguards, or technologies become available to the
public.
(3) Regulations adopted pursuant to this section constitute
building standards and shall be forwarded pursuant to subdivision (e)
of Section 11343 of the Government Code to the California Building
Standards Commission for approval as set forth in Section 18907 of
the Health and Safety Code.
(e) The California Building Standards Commission shall approve the
building standards as set forth in this section and publish them in
the California Building Standards Code by November 1, 1999. The
commission shall publish the text of this section in Title 24 of the
California Code of Regulations, Part 2, Chapter 31B, requirements for
public swimming pools, with the following note: "NOTE: These
building standards are in statute but have not been adopted through
the regulatory process." Enforcement of the standards set forth in
this section does not depend upon adoption of regulations, therefore,
enforcement agencies shall enforce the standards pursuant to the
timeline set forth in this section prior to adoption of related
regulations.
(f) The maximum velocity in the pump suction hydraulic system
shall not exceed six feet per second when 100 percent of the pump's
flow comes from the main drain system and any main drain suction
fitting in the system is completely blocked.
(g) On and after January 1, 1998, all newly constructed public
wading pools shall be constructed in compliance with this section.
(h) Commencing January 1, 1998, whenever a construction permit is
issued for alteration of an existing public wading pool, it shall be
retrofitted so as to be in compliance with this section.
(i) By January 1, 2000, every public wading pool, regardless of
the date of original construction, shall be retrofitted to comply
with this section.
SEC. 1027. Section 118505 of the Health
and Safety Code is amended to read:
118505. (a) Publicly and privately owned facilities where the
public congregates shall be equipped with sufficient temporary or
permanent restrooms to meet the needs of the public at peak hours.
(b) In conformity with the State Plumbing Code, and except as
otherwise provided in this section, standards shall be adopted in
order to enforce this section, as follows:
(1) The State Building Standards Commission
Department of General Services shall adopt standards with
respect to all state-owned or state-occupied facilities where the
public congregates and over which it has jurisdiction pursuant to
Section 18934.5.
(2) The Office of the State Architect shall adopt standards with
respect to all facilities where the public congregates and that are
not covered by paragraph (1), unless exempt from coverage pursuant to
this section.
(c) The standards adopted pursuant to subdivision (b) shall be
published in the State Building Standards Code contained in Title 24
of the California Code of Regulations.
(d) This section shall apply to facilities where the public
congregates that commence construction, or that undertake structural
alterations, repairs, or improvements exceeding 50 percent of the
entire facility, on or after January 1, 1989.
(e) For the purposes of this section, "facilities where the public
congregates" means sports and entertainment arenas, stadiums,
community and convention halls, specialty event centers, amusement
facilities, and ski resorts.
For purposes of this section, "facilities where the public
congregates" also means specialty event centers in public parks.
(f) This section shall not apply to the following:
(1) Any hotel. For purposes of this section, "hotel" means an
establishment in which there exists the relationship of guests and
innkeeper between the occupants and the owner or operator of the
establishment. The existence of some other legal relationship between
the occupants and owner or operator shall be immaterial.
(2) Any restaurant or food facility, as defined in Section
113785 113789 .
(3) Any public or private elementary or secondary school facility.
(4) Any qualified historic building, defined as qualifying under
provisions in the State Historical Building Code contained in Part 8
(commencing with Section 8-100) of Title 24 of the California Code of
Regulations.
(g) It is the intent of the Legislature that, in order to ensure
that standards are both viable and efficacious, the Office of the
State Architect and the State Building Standards Commission
Department of General Services hold a
series of public meetings with representatives of affected
industries and state and local agencies prior to adopting standards
under this section.
SEC. 1028. Section 127785 of the Health
and Safety Code is amended to read:
127785. The California Postsecondary Education
Commission Office of Higher Education and Financial
Aid shall furnish to the office, at least biennially, all
information that the commission Office of
Higher Education and Financial Aid has compiled pursuant to
Section 66903.2 of the Education Code, that constitutes basic data as
to enrollees in public and private educational institutions and
programs preparing or training health personnel. The office may
request additional data from licensing boards and agencies to
supplement the data received from the commission
Office of Higher Education and Financial Aid , as
necessary to carry out the health personnel planning and development
activities of the office.
SEC. 1029. Section 127929 of the Health
and Safety Code is amended to read:
127929. (a) The office shall administer the California Medical
and Dental Student Loan Repayment Program of 2002. Any individual
enrolled in an institution of postsecondary education participating
in the program set forth in this article may be eligible to receive a
conditional warrant for loan repayment, to be redeemed upon becoming
employed as a physician or dentist in a medically underserved area
or a dentally underserved area serving primarily medically or
dentally underserved populations. In order to be eligible to receive
a conditional loan repayment warrant, an applicant shall satisfy all
of the following conditions:
(1) The applicant has been judged by his or her postsecondary
institution to have outstanding ability on the basis of criteria that
may include, but not be limited to, any of the following:
(A) Grade point average.
(B) Test scores.
(C) Faculty evaluations.
(D) Interviews.
(E) Other recommendations.
(2) In order to meet the costs associated with obtaining a medical
or dental degree, the applicant has received, or is approved to
receive, a loan under one or more of the following designated loan
programs:
(A) The Federal Family Education Loan Program (10 U.S.C. Sec. 1071
et seq.).
(B) Any loan program approved by the Student Aid
Commission Office of Higher Education and Financial
Aid .
(3) The applicant has agreed to provide services as a licensed
physician for up to three consecutive years, after obtaining a
license from the Medical Board of California in a medically
underserved area, or the applicant has agreed to provide services as
a licensed dentist for up to three consecutive years, after obtaining
a license from the Dental Board of California in a dentally
underserved area.
(4) The applicant has agreed to work in a setting where the
applicant will primarily serve medically or dentally underserved
populations.
(b) The office shall ensure that priority consideration be given
to applicants who are best suited to meet the cultural and linguistic
needs and demands of medically and dentally underserved populations
and who meet one or more of the following criteria:
(1) Speak a Medi-Cal threshold language.
(2) Come from an economically disadvantaged background.
(3) Have received significant training in cultural and
linguistically appropriate service delivery.
(4) Have done a medical rotation serving medically underserved
populations or provided dental services to members of a dentally
underserved population.
(c) A person participating in the program pursuant to this section
shall not receive more than one warrant.
(d) The office shall adopt rules and regulations regarding the
reallocation of warrants if a participating institution is unable to
utilize its allocated warrants or is unable to distribute them within
a reasonable time period.
SEC. 1030. Section 128030 of the Health
and Safety Code is amended to read:
128030. The office , in cooperation with the California
Postsecondary Education Commission, shall administer the
program established pursuant to this article and shall for this
purpose, adopt regulations as it determines are reasonably necessary
to carry out this article.
SEC. 1031. Section 128445 of the Health
and Safety Code is amended to read:
128445. In developing this program, the Health Professions
Education Foundation shall solicit the advice of the representatives
of the Board of Registered Nursing Department
of Consumer Affairs , the Student Aid Commission
Office of Higher Education and Financial Aid ,
the California Nurses Association, the California Association of
Health Facilities, the California Association of Homes for the Aging,
the Chancellor of the California State University, the President of
the University of California, and other entities as may be
appropriate.
SEC. 1032. Section 128695 of the Health
and Safety Code is repealed.
128695. There is hereby created the California Health Policy and
Data Advisory Commission to be composed of 13 members.
The Governor shall appoint nine members, one of whom shall be a
hospital chief executive officer, one of whom shall be a chief
executive officer of a hospital serving a disproportionate share of
low-income patients, one of whom shall be a long-term care facility
chief executive officer, one of whom shall be a freestanding
ambulatory surgery clinic chief executive officer, one of whom shall
be a representative of the health insurance industry involved in
establishing premiums or underwriting, one of whom shall be a
representative of a group prepayment health care service plan, one of
whom shall be a representative of a business coalition concerned
with health, and two of whom shall be general members. The Speaker of
the Assembly shall appoint two members, one of whom shall be a
physician and surgeon and one of whom shall be a general member. The
Senate Rules Committee shall appoint two members, one of whom shall
be a representative of a labor coalition concerned with health, and
one of whom shall be a general member.
The Governor shall designate a member to serve as chairperson for
a two-year term. No member may serve more than two, two-year terms as
chairperson. All appointments shall be for four-year terms. No
individual shall serve more than two, four-year terms.
SEC. 1033. Section 128695 is added to the
Health and Safety Code , to read:
128695. (a) The Office of Statewide Health Planning and
Development succeeds to, and is vested with, all the duties, powers,
purposes, responsibilities, and jurisdiction of the Health Policy and
Data Advisory Commission.
(b) All officers and employees of the Health Policy and Data
Advisory Commission who are serving in the state civil service, other
than as temporary employees, shall be transferred to the Office of
Statewide Health Planning and Development. The status, positions, and
rights of those persons shall not be affected by the transfer and
shall be retained by those persons as officers and employees of the
Office of Statewide Health Planning and Development, pursuant to the
State Civil Service Act (Part 2(commencing with Section 18500) of
Division 5 of Title 2 of the Government Code), except as to positions
exempt from the civil service.
(c) The Office of Statewide Health Planning and Development shall
have possession and control of all records, papers, offices,
equipment, supplies, moneys, funds, appropriations, licenses,
permits, agreements, contracts, claims, judgments, land, and other
property, real or personal, connected with the administration of, or
held for, the benefit or use of the Health Policy and Data Advisory
Commission
(d) Any regulation or other action, adopted, prescribed, taken, or
performed by an agency or officer in the administration of a program
or the performance of a duty, responsibility, or authorization
transferred by the act adding this section shall remain in effect and
shall be deemed to be a regulation or action of the agency or
officer to whom the program, duty, responsibility, or authorization
is transferred.
(e) No suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty,
responsibility, or authorization transferred by the act adding this
section, shall abate by reason of the transfer of the program, duty,
responsibility, or authorization under the act adding this section.
SEC. 1034. Section 128705 of the Health
and Safety Code is amended to r ead:
128705. (a) On and after January 1, 1986,
any reference in this code to the Advisory Health Council shall be
deemed a reference to the California Health Policy and Data Advisory
Commission.
(b) Notwithstanding subdivision (a), on and after the effective
date of the act or the Governor's Reorganization Plan that amended
this section in the 2007-08 Regular Session, any reference to the
Advisory Health Council or to the California Health Policy and Data
Advisory Commission shall be deemed to be a reference to the Office
of Statewide Health Planning and Development.
SEC. 1035. Section 128710 of the Health
and Safety Code is repealed.
128710. The California Health Policy and Data Advisory Commission
shall meet at least once every two months, or more often if
necessary to fulfill its duties.
SEC. 1036. Section 128715 of the Health
and Safety Code is repealed.
128715. The members of the commission shall receive per diem of
one hundred dollars ($100) for each day actually spent in the
discharge of official duties and shall be reimbursed for any actual
and necessary expenses incurred in connection with their duties as
members of the commission.
SEC. 1037. Section 128720 of the Health
and Safety Code is amended to read:
128720. The commission Office of
Statewide Health Planning and Development may appoint an
executive secretary on health policy and health data
subject to approval by the Secretary of Health and Welfare
California Health and Human Services .
The office shall provide other staff to the commission as the office
and the commission deem necessary.
SEC. 1038. Section 128760 of the Health
and Safety Code is amended to read:
128760. (a) On and after January 1, 1986, those systems of health
facility accounting and auditing formerly approved by the California
Health Facilities Commission shall remain in full force and effect
for use by health facilities but shall be maintained by the office
with the advice of the Health Policy and Data Advisory
Commission .
(b) The office , with the advice of the commission,
shall allow and provide, in accordance with appropriate
regulations, for modifications in the accounting and reporting
systems for use by health facilities in meeting the requirements of
this chapter if the modifications are necessary to do any of the
following:
(1) To correctly reflect differences in size of, provision of, or
payment for, services rendered by health facilities.
(2) To correctly reflect differences in scope, type, or method of
provision of, or payment for, services rendered by health facilities.
(3) To avoid unduly burdensome costs for those health facilities
in meeting the requirements of differences pursuant to paragraphs (1)
and (2).
(c) Modifications to discharge data reporting requirements. The
office , with the advice of the commission, shall
allow and provide, in accordance with appropriate regulations, for
modifications to discharge data reporting format and frequency
requirements if these modifications will not impair the office's
ability to process the data or interfere with the purposes of this
chapter. This modification authority shall not be construed to permit
the office to administratively require the reporting of discharge
data items not specified pursuant to Section 128735.
(d) Modifications to emergency care data reporting requirements.
The office , with the advice of the commission,
shall allow and provide, in accordance with appropriate regulations,
for modifications to emergency care data reporting format and
frequency requirements if these modifications will not impair the
office's ability to process the data or interfere with the purposes
of this chapter. This modification authority shall not be construed
to permit the office to require administratively the reporting of
emergency care data items not specified in subdivision (a) of Section
128736.
(e) Modifications to ambulatory surgery data reporting
requirements. The office , with the advice of the
commission, shall allow and provide, in accordance with
appropriate regulations, for modifications to ambulatory surgery data
reporting format and frequency requirements if these modifications
will not impair the office's ability to process the data or interfere
with the purposes of this chapter. The modification authority shall
not be construed to permit the office to require administratively the
reporting of ambulatory surgery data items not specified in
subdivision (a) of Section 128737.
(f) Reporting provisions for health facilities. The office
, with the advice of the commission, shall
establish specific reporting provisions for health facilities that
receive a preponderance of their revenue from associated
comprehensive group-practice prepayment health care service plans.
These health facilities shall be authorized to utilize established
accounting systems, and to report costs and revenues in a manner that
is consistent with the operating principles of these plans and with
generally accepted accounting principles. When these health
facilities are operated as units of a coordinated group of health
facilities under common management, they shall be authorized to
report as a group rather than as individual institutions. As a group,
they shall submit a consolidated income and expense statement.
(g) Hospitals authorized to report as a group under this
subdivision may elect to file cost data reports required under the
regulations of the Social Security Administration in its
administration of Title XVIII of the federal Social Security Act in
lieu of any comparable cost reports required under Section 128735.
However, to the extent that cost data is required from other
hospitals, the cost data shall be reported for each individual
institution.
(h) The office , with the advice of the commission,
shall adopt comparable modifications to the financial
reporting requirements of this chapter for county hospital systems
consistent with the purposes of this chapter.
SEC. 1039. Section 128765 of the Health
and Safety Code is amended to read:
128765. (a) The office , with the advice of the
commission, shall maintain a file of all the reports filed
under this chapter at its Sacramento office. Subject to any rules the
office , with the advice of the commission, may
prescribe, these reports shall be produced and made available for
inspection upon the demand of any person, and shall also be posted on
its Web site, with the exception of discharge and encounter data
that shall be available for public inspection unless the office
determines, pursuant to applicable law, that an individual patient's
rights of confidentiality would be violated.
(b) The reports published pursuant to Section 128745 shall include
an executive summary, written in plain English to the maximum extent
practicable, that shall include, but not be limited to, a discussion
of findings, conclusions, and trends concerning the overall quality
of medical outcomes, including a comparison to reports from prior
years, for the procedure or condition studied by the report. The
office shall disseminate the reports as widely as practical to
interested parties, including, but not limited to, hospitals,
providers, the media, purchasers of health care, consumer or patient
advocacy groups, and individual consumers. The reports shall be
posted on the office's Internet Web site.
(c) Copies certified by the office as being true and correct
copies of reports properly filed with the office pursuant to this
chapter, together with summaries, compilations, or supplementary
reports prepared by the office, shall be introduced as evidence,
where relevant, at any hearing, investigation, or other proceeding
held, made, or taken by any state, county, or local governmental
agency, board, or commission that participates as a purchaser of
health facility services pursuant to the provisions of a publicly
financed state or federal health care program. Each of these state,
county, or local governmental agencies, boards, and commissions shall
weigh and consider the reports made available to it pursuant to the
provisions of this subdivision in its formulation and implementation
of policies, regulations, or procedures regarding reimbursement
methods and rates in the administration of these publicly financed
programs.
(d) The office , with the advice of the commission,
shall compile and publish summaries of individual facility
and aggregate data that do not contain patient-specific information
for the purpose of public disclosure. The summaries shall be posted
on the office's Internet Web site. The commission
office shall approve the policies and procedures relative
to the manner of data disclosure to the public. The office ,
with the advice of the commission, may initiate and
conduct studies as it determines will advance the purposes of this
chapter.
(e) In order to assure ensure that
accurate and timely data are available to the public in useful
formats, the office shall establish a public liaison function. The
public liaison shall provide technical assistance to the general
public on the uses and applications of individual and aggregate
health facility data and shall provide the director and the
commission with an annual report on changes that can be
made to improve the public's access to data.
SEC. 1040. Section 128770 of the Health
and Safety Code is amended to read:
128770. (a) Any health facility or freestanding ambulatory
surgery clinic that does not file any report as required by this
chapter with the office is liable for a civil penalty of one hundred
dollars ($100) a day for each day the filing of any report is
delayed. No penalty shall be imposed if an extension is granted in
accordance with the guidelines and procedures established by the
office , with the advice of the commission .
(b) Any health facility that does not use an approved system of
accounting pursuant to the provisions of this chapter for purposes of
submitting financial and statistical reports as required by this
chapter shall be liable for a civil penalty of not more than five
thousand dollars ($5,000).
(c) Civil penalties are to be assessed and recovered in a civil
action brought in the name of the people of the State of California
by the office. Assessment of a civil penalty may, at the request of
any health facility or freestanding ambulatory surgery clinic, be
reviewed on appeal, and the penalty may be reduced or waived for good
cause.
(d) Any money that is received by the office pursuant to this
section shall be paid into the General Fund.
SEC. 1041. Section 129850 of the Health
and Safety Code is amended to read:
129850. Except as provided in Sections 18929 and 18930, the
office shall from time to time make any regulations that it deems
necessary, proper, or suitable to effectually carry out this chapter.
The office shall also propose and submit building standards to the
California Building Standards Commission
Department of General Services for adoption and approval
pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of
Division 13 relating to seismic safety for hospital buildings.
SEC. 1042. Section 129940 of the Health
and Safety Code is amended to read:
129940. (a) There shall be six ex officio members of the board,
who shall be the director of the office, the State Fire Marshal, the
State Geologist, the Executive Director of
the California Building Standards Commission
General Services , the State Director of Health
Services Public Health Officer , and the Deputy
Director of the Division of Facilities Development in the office, or
their officially designated representatives.
(b) The director may also appoint up to three additional ex
officio members, with the advice of the chair. On January 1, 1994,
director-appointed ex officio members may continue to serve until
appointment of their successors by the director.
SEC. 1043.
Section 130005 of the Health and Safety Code
is amended to read:
130005. By June 30, 1996:
(a) The Office of Statewide Health Planning and Development,
hereinafter called the office, shall develop definitions of
earthquake performance categories for earthquake ground motions for
both new and existing hospitals that are:
(1) Reasonably capable of providing services to the public after a
disaster, designed and constructed to resist, insofar as practical,
the forces generated by earthquakes, gravity, and winds, and in full
compliance with the regulations and standards developed by the office
pursuant to the Alfred E. Alquist Hospital Facilities Seismic Safety
Act.
(2) In substantial compliance with the pre-1973 California
Building Standards Codes, but not in substantial compliance with the
regulations and standards developed by the office pursuant to the
Alfred E. Alquist Hospital Facilities Seismic Safety Act. These
buildings may not be repairable or functional but will not
significantly jeopardize life.
(3) Potentially at significant risk of collapse and that represent
a danger to the public.
(b) The office may define other earthquake performance categories
as it deems necessary to meet the intent of this article and the
Alfred E. Alquist Hospital Facilities Seismic Safety Act.
(c) Earthquake performance categories shall also include
subgradations for risk to life, structural soundness, building
contents, and nonstructural systems that are critical to providing
basic services to hospital inpatients and the public after a
disaster.
(d) Earthquake performance categories shall, as far as
practicable, use language consistent with definitions and concepts as
developed in the model codes and other state and federal agencies.
Where the office finds that deviations from other's definitions and
concepts are necessary and warranted to comply with the intent of the
Alfred E. Alquist Hospital Facilities Seismic Safety Act, the act
that added this article, or the specific nature or functions of
hospitals, the office shall provide supporting documentation that
justifies these differences.
(e) Insofar as practicable, the office shall define rapid seismic
evaluation procedures that will allow owners to determine with
reasonable certainty the existing applicable earthquake performance
categories and the minimum acceptable earthquake performance
categories for hospital buildings. These procedures shall allow for
abbreviated analysis when known vulnerability is clear and when
construction in accordance with post-1973 codes allows for an
evaluation focusing on limited structural and nonstructural elements.
(f) The office, in consultation with the Hospital Building Safety
Board, shall develop regulations to identify the most critical
nonstructural systems and to prioritize the timeframes for upgrading
those systems that represent the greatest risk of failure during an
earthquake.
(g) The office shall develop regulations as they apply to the
administration of seismic standards for retrofit designs,
construction, and field reviews for the purposes of this article.
(h) The office shall develop regulations for the purpose of
reviewing requests and granting delays to hospitals demonstrating a
need for more time to comply with Section 130060.
(i) The office shall submit all information developed pursuant to
subdivisions (a) to (f), inclusive, to the California Building
Standards Commission by June 30, 1996.
(j) The office shall submit all information developed pursuant to
subdivisions (g) and (h) to the California Building Standards
Commission by December 31, 1996.
(k) "Hospital building," as used in Article 8 and Article 9 of
this chapter means a hospital building as defined in Section 129725
and that is also licensed pursuant to subdivision (a) of Section
1250, but does not include these buildings if the beds licensed
pursuant to subdivision (a) of Section 1250, as of January 1, 1995,
comprise 10 percent or less of the total licensed beds of the total
physical plant, and does not include facilities owned or operated, or
both, by the Department of Corrections and Rehabilitation
.
SEC. 1044. Section 130020 of the Health
and Safety Code is amended to read:
130020. (a) By December 31, 1996, the California
Building Standards Commission Department of General
Services shall review, revise as necessary and adopt earthquake
performance categories, seismic evaluation procedures, and standards
and timeframes for upgrading the most critical nonstructural systems
as developed by the office. By June 30, 1997, the
California Building Standards Commission Department of
General Services shall review, revise as necessary, and adopt
seismic retrofit building standards and procedures for reviewing
requests and granting delays to hospitals that demonstrate a need for
more time to comply with Section 130060.
(b) For purposes of this section all submittals made by the office
pursuant to subdivisions (i) and (j) of Section 130005 shall be
deemed as emergency regulations and adopted as such.
SEC. 1045. Section 130063 of the Health
and Safety Code is amended to read:
130063. (a) With regard to a general acute care hospital building
located in Seismic Zone 3 as indicated in the 1995 edition of the
California Building Standards Code, any hospital may request an
exemption from Non-Structural Performance Category-3 requirements in
Title 24 of the California Code of Regulations if the hospital
building complies with the year 2002 nonstructural requirements.
(b) The office shall determine the maximum allowable level of
earthquake ground shaking potential for purposes of this section.
(c) To qualify for an exemption under this section, a hospital
shall provide a site-specific engineering geologic report that
demonstrates an earthquake ground shaking potential below the maximum
allowable level of earthquake ground shaking potential determined by
the office pursuant to subdivision (b).
(d) (1) To demonstrate an earthquake ground shaking potential as
provided in subdivision (c), a hospital shall submit a site-specific
engineering geologic report to the office.
(2) The office shall forward the report received from a hospital
to the Division of Mines Board of Mining
and Geology in the Department of Conservation for purposes of a
review.
(3) If, after review of the analysis, the Division of
Mines Board of Mining and Geology concurs with
the findings of the report, it shall return the report with a
statement of concurrence to the office. Upon the receipt of the
statement, if the ground shaking potential is below that established
pursuant to subdivision (b), the office shall grant the exemption
requested per department's Web site .
(e) A hospital building that is eligible for an exemption under
this section shall meet the January 1, 2030, nonstructural
requirement deadline if the building is to be used for general acute
care inpatient services after January 1, 2030.
(f) A hospital requesting an exemption pursuant to this section
shall pay the actual expenses incurred by the office and the
Division of Mines Board of Mining and Geology.
(g) All regulatory submissions to the California Building
Standards Commission Department of General Services
made by the office for purposes of this section shall be deemed
to be emergency regulations and shall be adopted as emergency
regulations. This emergency regulation authority shall remain in
effect until January 1, 2004.
SEC. 1046. Section 1063.1 of the
Insurance Code is amended to read:
1063.1. As used in this article:
(a) "Member insurer" means an insurer required to be a member of
the association in accordance with subdivision (a) of Section 1063,
except and to the extent that the insurer is participating in an
insolvency program adopted by the United States government.
(b) "Insolvent insurer" means an insurer that was a member insurer
of the association, consistent with paragraph (11) of subdivision
(c), either at the time the policy was issued or when the insured
event occurred, and against which an order of liquidation or
receivership with a finding of insolvency has been entered by a court
of competent jurisdiction, or, in the case of the State Compensation
Insurance Fund, if a finding of insolvency is made by a duly enacted
legislative measure.
(c) (1) "Covered claims" means the obligations of an insolvent
insurer, including the obligation for unearned premiums, (A) imposed
by law and within the coverage of an insurance policy of the
insolvent insurer; (B) which were unpaid by the insolvent insurer;
(C) which are presented as a claim to the liquidator in this state or
to the association on or before the last date fixed for the filing
of claims in the domiciliary liquidating proceedings; (D) which were
incurred prior to the date coverage under the policy terminated and
prior to, on, or within 30 days after the date the liquidator was
appointed; (E) for which the assets of the insolvent insurer are
insufficient to discharge in full; (F) in the case of a policy of
workers' compensation insurance, to provide workers' compensation
benefits under the workers' compensation law of this state; and (G)
in the case of other classes of insurance if the claimant or insured
is a resident of this state at the time of the insured occurrence, or
the property from which the claim arises is permanently located in
this state.
(2) "Covered claims" also include the obligations assumed by an
assuming insurer from a ceding insurer where the assuming insurer
subsequently becomes an insolvent insurer if, at the time of the
insolvency of the assuming insurer, the ceding insurer is no longer
admitted to transact business in this state. Both the assuming
insurer and the ceding insurer shall have been member insurers at the
time the assumption was made. "Covered claims" under this paragraph
shall be required to satisfy the requirements of subparagraphs (A) to
(G), inclusive, of paragraph (1), except for the requirement that
the claims be against policies of the insolvent insurer. The
association shall have a right to recover any deposit, bond, or other
assets that may have been required to be posted by the ceding
company to the extent of covered claim payments and shall be
subrogated to any rights the policyholders may have against the
ceding insurer.
(3) "Covered claims" does not include obligations arising from the
following:
(A) Life, annuity, health, or disability insurance.
(B) Mortgage guaranty, financial guaranty, or other forms of
insurance offering protection against investment risks.
(C) Fidelity or surety insurance including fidelity or surety
bonds, or any other bonding obligations.
(D) Credit insurance.
(E) Title insurance.
(F) Ocean marine insurance or ocean marine coverage under any
insurance policy including claims arising from the following: the
Jones Act (46 U.S.C. Sec. 688), the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. Sec. 901 et seq.), or any other similar
federal statutory enactment, or any endorsement or policy affording
protection and indemnity coverage.
(G) Any claims servicing agreement or insurance policy providing
retroactive insurance of a known loss or losses, except a special
excess workers' compensation policy issued pursuant to subdivision
(c) of Section 3702.8 of the Labor Code that covers all or any part
of workers' compensation liabilities of an employer that is issued,
or was previously issued, a certificate of consent to self-insure
pursuant to subdivision (b) of Section 3700 of the Labor Code.
(4) "Covered claims" does not include any obligations of the
insolvent insurer arising out of any reinsurance contracts, nor any
obligations incurred after the expiration date of the insurance
policy or after the insurance policy has been replaced by the insured
or canceled at the insured's request, or after the insurance policy
has been canceled by the association as provided in this chapter, or
after the insurance policy has been canceled by the liquidator, nor
any obligations to any state or to the federal government.
(5) "Covered claims" does not include any obligations to insurers,
insurance pools, or underwriting associations, nor their claims for
contribution, indemnity, or subrogation, equitable or otherwise,
except as otherwise provided in this chapter.
An insurer, insurance pool, or underwriting association may not
maintain, in its own name or in the name of its insured, any claim or
legal action against the insured of the insolvent insurer for
contribution, indemnity or by way of subrogation, except insofar as,
and to the extent only, that the claim exceeds the policy limits of
the insolvent insurer's policy. In those claims or legal actions, the
insured of the insolvent insurer is entitled to a credit or setoff
in the amount of the policy limits of the insolvent insurer's policy,
or in the amount of the limits remaining, where those limits have
been diminished by the payment of other claims.
(6) "Covered claims," except in cases involving a claim for
workers' compensation benefits or for unearned premiums, does not
include any claim in an amount of one hundred dollars ($100) or less,
nor that portion of any claim that is in excess of any applicable
limits provided in the insurance policy issued by the insolvent
insurer.
(7) "Covered claims" does not include that portion of any claim,
other than a claim for workers' compensation benefits, that is in
excess of five hundred thousand dollars ($500,000).
(8) "Covered claims" does not include any amount awarded as
punitive or exemplary damages, nor any amount awarded by the
Workers' Compensation Employment and Benefits
Appeals Board pursuant to Section 5814 or 5814.5 because payment of
compensation was unreasonably delayed or refused by the insolvent
insurer.
(9) "Covered claims" does not include (A) any claim to the extent
it is covered by any other insurance of a class covered by this
article available to the claimant or insured nor (B) any claim by any
person other than the original claimant under the insurance policy
in his or her own name, his or her assignee as the person entitled
thereto under a premium finance agreement as defined in Section 673
and entered into prior to insolvency, his or her executor,
administrator, guardian or other personal representative or trustee
in bankruptcy and does not include any claim asserted by an assignee
or one claiming by right of subrogation, except as otherwise provided
in this chapter.
(10) "Covered claims" does not include any obligations arising out
of the issuance of an insurance policy written by the separate
division of the State Compensation Insurance Fund pursuant to
Sections 11802 and 11803.
(11) "Covered claims" does not include any obligations of the
insolvent insurer arising from any policy or contract of insurance
issued or renewed prior to the insolvent insurer's admission to
transact insurance in the State of California.
(12) "Covered claims" does not include surplus deposits of
subscribers as defined in Section 1374.1.
(13) "Covered claims" shall also include obligations arising under
an insurance policy written to indemnify a permissibly self-insured
employer pursuant to subdivision (b) or (c) of Section 3700 of the
Labor Code for its liability to pay workers' compensation benefits in
excess of a specific or aggregate retention, provided, however, that
for purposes of this article, those claims shall not be considered
workers' compensation claims and therefore are subject to the per
claim limit in paragraph (7) and any payments and expenses related
thereto shall be allocated to category (c) for claims other than
workers' compensation, homeowners, and automobile, as provided in
Section 1063.5.
These provisions shall apply to obligations arising under any
policy as described herein issued to a permissibly self-insured
employer or group of self-insured employers pursuant to Section 3700
of the Labor Code and notwithstanding any other provision of the
Insurance Code, those obligations shall be governed by this provision
in the event that the Self-Insurers' Security Fund is ordered to
assume the liabilities of a permissibly self-insured employer or
group of self-insured employers pursuant to Section 3701.5 of the
Labor Code. The provisions of this paragraph apply only to insurance
policies written to indemnify a permissibly self-insured employer or
group of self-insured employers under subdivision (b) or (c) of
Section 3700, for its liability to pay workers' compensation benefits
in excess of a specific or aggregate retention, and this paragraph
does not apply to special excess workers' compensation insurance
policies unless issued pursuant to authority granted in subdivision
(c) of Section 3702.8 of the Labor Code, and as provided for in
subparagraph (G) of paragraph (3) of subdivision (c). In addition,
this paragraph does not apply to any claims servicing agreement or
insurance policy providing retroactive insurance of a known loss or
losses as are excluded in subparagraph (G) of paragraph (3) of
subdivision (c).
Each permissibility self-insured employer or group of self-insured
employers, or the Self-Insurers' Security Fund, shall, to the extent
required by the Labor Code, be responsible for paying, adjusting,
and defending each claim arising under policies of insurance covered
under this section, unless the benefits paid on a claim exceed the
specific or aggregate retention, in which case.
(A) If the benefits paid on the claim exceed the specific or
aggregate retention, and the policy requires the insurer to defend
and adjust the claim, the California Insurance Guarantee Association
(CIGA) shall be solely responsible for adjusting and defending the
claim, and shall make all payments due under the claim, subject to
the limitations and exclusions of this article with regards to
covered claims. As to each claim subject to this paragraph,
notwithstanding any other provisions of the Insurance Code or the
Labor Code, and regardless of whether the amount paid by CIGA is
adequate to discharge a claim obligation, neither the self-insured
employer, group of employers, nor the Self-Insurers' Security Fund,
shall have any obligation to pay benefits over and above the specific
or aggregate retention, except as provided in subdivision (c).
(B) If the benefits paid on the claim exceed the specific or
aggregate retention, and the policy does not require the insurer to
defend and adjust the claim, the permissibility self-insured employer
or group of self-insured employers, or the Self-Insurers' Security
Fund, shall not have any further payment obligations with respect to
the claim, but shall continue defending and adjusting the claim, and
shall have the right, but not the obligation, in any proceeding to
assert all applicable statutory limitations and exclusions as
contained in this article with regard to the covered claim. CIGA
shall have the right, but not the obligation, to intervene in any
proceeding where the self-insured employer, group of self-insured
employers, or the Self-Insurers' Security Fund is defending any such
claim and shall be permitted to raise the appropriate statutory
limitations and exclusions as contained in this article with respect
to covered claims. Regardless of whether the self-insured employer or
group of employers, or the Self-Insurers' Security Fund, asserts the
applicable statutory limitations and exclusions, or whether CIGA
intervenes in any such proceeding, CIGA shall be solely responsible
for paying all benefits due on the claim, subject to the exclusions
and limitations of this article with respect to covered claims. As to
each claim subject to this paragraph, notwithstanding any other
provision of the Insurance Code or the Labor Code and regardless of
whether the amount paid by CIGA is adequate to discharge a claim
obligation, neither the self-insured employer, group of employers,
nor the Self-Insurers' Security Fund, shall have any obligation to
pay benefits over and above the specific or aggregate retention,
except as provided in this subdivision.
(d) In the event that the benefits paid on the covered claim
exceed the per claim limit in paragraph (7) of subdivision (c), the
responsibility for paying, adjusting, and defending the claim shall
be returned to the permissibly self-insured employer or group of
employers, or the Self-Insurers' Security Fund.
These provisions shall apply to all pending and future
insolvencies. For purposes of this paragraph, a pending insolvency is
one involving a company that is currently receiving benefits from
the guaranty association.
(e) "Admitted to transact insurance in this state" means an
insurer possessing a valid certificate of authority issued by the
department.
(f) "Affiliate" means a person who directly or indirectly, through
one or more intermediaries, controls, is controlled by, or is under
common control with an insolvent insurer on December 31 of the year
next preceding the date the insurer becomes an insolvent insurer.
(g) "Control" means the possession, direct or indirect, of the
power to direct or cause the direction of the management and policies
of a person, whether through the ownership of voting securities, by
contract other than a commercial contract for goods or nonmanagement
services, or otherwise, unless the power is the result of an official
position with or corporate office held by the person. Control is
presumed to exist if any person, directly or indirectly, owns,
controls, holds with the power to vote, or holds proxies
representing, 10 percent or more of the voting securities of any
other person. This presumption may be rebutted by showing that
control does not in fact exist.
(h) "Claimant" means any insured making a first party claim or any
person instituting a liability claim; provided that no person who is
an affiliate of the insolvent insurer may be a claimant.
(i) "Ocean marine insurance" includes marine insurance as defined
in Section 103, except for inland marine insurance, as well as any
other form of insurance, regardless of the name, label, or marketing
designation of the insurance policy, that insures against maritime
perils or risks and other related perils or risks, which are usually
insured against by traditional marine insurance such as hull and
machinery, marine builders' risks, and marine protection and
indemnity. Those perils and risks insured against include, without
limitation, loss, damage, or expense or legal liability of the
insured arising out of or incident to ownership, operation,
chartering, maintenance, use, repair, or construction of any vessel,
craft or instrumentality in use in ocean or inland waterways,
including liability of the insured for personal injury, illness, or
death for loss or damage to the property of the insured or another
person.
(j) "Unearned premium" means that portion of a premium as
calculated by the liquidator that had not been earned because of the
cancellation of the insolvent insurer's policy and is that premium
remaining for the unexpired term of the insolvent insurer's policy.
"Unearned premium" does not include any amount sought as return of a
premium under any policy providing retroactive insurance of a known
loss or return of a premium under any retrospectively rated policy or
a policy subject to a contingent surcharge or any policy in which
the final determination of the premium cost is computed after
expiration of the policy and is calculated on the basis of actual
loss experience during the policy period.
SEC. 1047. Section 11659 of the
Insurance Code is amended to read:
11659. Such approved form of policy, limited pursuant to Section
11657, shall not be otherwise limited except by indorsement
endorsement thereon in accordance with a form
prescribed by the commissioner or in accordance with rules adopted by
the commissioner. Such indorsement
endorsement form shall not be subject to Section 11658. Before
prescribing such indorsement the endorsement
form or adopting such a rule, the
commissioner shall consult concerning it with the Workers'
Compensation Employment and Benefits Appeals
Board.
SEC. 1048. Section 11698.1 of the
Insurance Code is amended to read:
11698.1. From time to time and in any event at or prior to the
time of the filing of his or her petition for discharge as receiver,
the commissioner shall do the following:
(a) File with the Workers' Compensation
Employment and Benefits Appeals Board an accounting of all
trust funds received and used from the proceeds of the deposit
required pursuant to Section 11691.
(b) File with the court an accounting of all funds received and
used as expenses from the general funds of the insurer.
SEC. 1049. Section 11698.2 of the
Insurance Code is amended to read:
11698.2. If the commissioner enters into a reinsurance and
assumption agreement as provided in subdivision (a) of Section
11698.01, that agreement shall provide for all of the following:
(a) The reinsurance and assumption of all those obligations by the
reinsuring and assuming insurers.
(b) If there is more than one reinsurer the proportion of all
those obligations assumed by each reinsurer and a method for the
actual processing and payment of those obligations by the reinsurers
or their representatives.
(c) The reimbursement of the reinsuring and assuming insurers from
the deposit of the insurer in the delinquency proceeding. The
provision shall conform with Section 11698.21 and shall not be
effective unless approved by the Workers' Compensation
Employment and Benefits Appeals Board.
(d) The amounts, if any, to be paid the reinsurers from the
general funds of the insurer. If the agreement provides that amounts
from the general funds of the insurer are to be paid to the
reinsurers, those payments shall be approved by the court where the
delinquency proceedings are pending.
(e) Any other matters as are necessary and proper to achieve the
purposes of the reinsurance and assumption agreement.
SEC. 1050. Section 12693.91 of the
Insurance Code is amended to read:
12693.91. (a) The State Department of Health Services, in
conjunction with the Managed Risk Medical Insurance Board ,
and the County Medical Services Program
board , and the Rural Health Policy Council
Governing Board , may develop and administer up
to five demonstration projects in rural areas that are likely to
contain a significant
level of uninsured children, including seasonal and migratory worker
dependents. In addition to any other funds provided pursuant to this
section the grants for demonstration projects may include funds
pursuant to subdivision (d).
(b) The purpose of the demonstration projects shall be to fund
rural collaborative health care networks to alleviate unique problems
of access to health care in rural areas.
(c) The State Department of Health Services, in conjunction with
the Managed Risk Medical Insurance Board and Rural Health
Policy Council , shall establish the criteria and standards
for eligibility to be used in requests for proposals or requests for
application, the application review process, determining the maximum
amount and number of grants to be awarded, preference and priority
of projects, and compliance monitoring after receiving comment from
the public.
(d) The grants may include funds for purchasing equipment, making
capital expenditures, and providing infrastructure, including, but
not limited to, salaries and payment of leaseholds. The funds under
this subdivision may only be awarded to qualified eligible health
care entities as determined by the State Department of Health
Services. Title to any equipment or capital improvement purchased or
acquired with grant funds shall vest in the grantee for the public
good and not the state. Capital expenditures shall not include the
acquisition of land. Notwithstanding subdivision (e), this
subdivision shall be implemented only when funds are appropriated in
the annual Budget Act or another statute to fund the cost of
implementing this subdivision.
(e) This section shall only become operative upon federal approval
of the state plan or subsequent amendments for the program and
approval of federal financial participation.
SEC. 1051. Section 12975.8 of the
Insurance Code is amended to read:
12975.8. (a) The Insurance Fund shall, in addition to the funds
specified in Section 12975.7, consist of all of the following:
(1) All moneys appropriated to the fund in accordance with law.
(2) All moneys deposited into the State Treasury from any source
whatever in payment of lawful fees or reimbursements collected by the
Department of Insurance.
(3) The balance remaining in the Insurance Fund at the end of the
fiscal year, whether the moneys received are from an appropriation,
fees, or from reimbursements for services rendered.
(b) (1) All moneys in the Insurance Fund credited to the Seismic
Safety Account shall be subject to an annual appropriation each
fiscal year for the purposes specified in Section 12975.9.
(2) All other moneys in the Insurance Fund shall be subject to an
annual appropriation each fiscal year for the support of the
Department of Insurance.
(3) If the current cash balance in the Seismic Safety Account is
not adequate to fund the amount appropriated from it in the annual
Budget Act, the Insurance Fund, upon enactment of the Budget Act,
shall loan to the account the amount of the appropriation, and one
half of this amount shall be transferred to the Seismic
Safety Commission Department of General
Services . The second half of the appropriated amount shall be
transferred to the Seismic Safety Commission
Department of General Services from the Seismic Safety Account
on or before December 31 of each year. This loan shall be repaid by
revenues collected pursuant to Section 12975.9.
(c) Any balance remaining in the Insurance Fund at the end of the
fiscal year may be carried forward to the next succeeding fiscal
year.
(d) Whenever the balance in the Insurance Fund is not sufficient
to cover cashflow in the payment of authorized expenditures, the
department may borrow funds as may be necessary from whatever source
and under terms and conditions as may be determined by the Director
of Finance. Repayment shall be made from revenues received by the
department for the same fiscal year for which the loan is made.
SEC. 1052. Section 12975.9 of the
Insurance Code is amended to read:
12975.9. (a) The Seismic Safety Account is hereby created as a
special account within the Insurance Fund. Money in the account may
be appropriated by the Legislature for the purposes of this section
to fund the department and the Seismic Safety Commission
Department of General Services . Assessments
imposed on insurers as a prorated percentage of premiums earned on
property exposures for both commercial and residential insurance
policies relative to the aggregate premiums earned on those exposures
by all insurers shall be deposited in the account. The premiums
earned for property exposures shall be as stated on lines 4 and 5.1
of the annual statement filed by each insurer pursuant to Section
900. The assessments shall be set annually based on earned premiums
reported for the next preceding year by the department and calculated
so that the funds in the account shall be sufficient to fund
appropriations for support of the Seismic Safety Commission
Department of General Services , for the actual
collection and administrative costs of the department, and for the
maintenance of an adequate reserve. The department shall submit the
proposed assessments to the Seismic Safety Commission
Department of General Services for its review
at a regularly scheduled meeting of the commission
.
(b) No assessment shall be levied on insurers with less than one
hundred thousand dollars ($100,000) of annual direct premiums earned
on property exposures for both commercial and residential insurance
policies. The department may adjust this amount as necessary to
minimize costs by excluding assessment amounts that are too small to
justify the cost of assessment and collection or if assessment or
collection is impractical.
(c) An insurer, in its discretion, may recover this assessment in
an equitable fashion from the insured. The insurer, upon receipt of
an invoice, shall transmit payment to the department for deposit in
the Seismic Safety Account. Any deficiency or excess in the amount
collected in relation to the appropriation authority for the
commission Department of General Services and
the department shall be accounted for in the subsequent annual fee
calculation. Any balance remaining in the Seismic Safety Account at
the end of the fiscal year shall be retained in the account and
carried forward to the next fiscal year.
(d) Funds in the Seismic Safety Account shall be distributed, upon
appropriation, to the Seismic Safety Commission
Department of General Services for the support of the
commission Department of General Services
and to the department for the actual administrative costs
incurred in collecting the assessments.
(e) The department shall report annually to the Legislature, the
Seismic Safety Commission Department of
General Services , and the Department of Finance on the
assessment calculation methodology employed.
(f) This section shall remain in effect until July 1, 2009, and as
of that date is repealed, unless a later enacted statute, that is
enacted before July 1, 2009, deletes or extends that date.
SEC. 1053. Section 53 of the Labor Code
is amended to read:
53. Whenever in Section 1001 or in Part 1 (commencing with
Section 11000) of Division 3 of Title 2 of the Government Code "head
of the department" or similar designation occurs, the same shall, for
the purposes of this code, mean the director, except that in respect
to matters which by the express provisions of this code are
committed to or retained under the jurisdiction of the Division of
Workers' Compensation, the State Compensation Insurance Fund, or
the Occupational Safety and Health Standards Board,
the Occupational Safety and Health Appeals Board, or the Industrial
Welfare Commission the designation shall mean the Division
of Workers' Compensation, the Administrative Director of the Division
of Workers' Compensation, the Workers' Compensation Appeals
Board, the State Compensation Insurance Fund, or
the Occupational Safety and Health Standards Board,
the Occupational Safety and Health Appeals Board, or the Industrial
Welfare Commission, as the case may be.
SEC. 1054. Section 70 of the Labor Code
is repealed.
70. There is in the Department of Industrial Relations the
Industrial Welfare Commission which consists of five members. The
members of the commission shall be appointed by the Governor, with
the consent of the Senate.
SEC. 1055. Section 70.1 of the Labor
Code is repealed.
70.1. The Industrial Welfare Commission shall be composed of two
representatives of organized labor who are members of recognized
labor organizations, two representatives of employers, and one
representative of the general public. The membership shall include
members of both sexes.
SEC. 1056. Section 71 of the Labor Code
is repealed.
71. The term of office of the members of the Industrial Welfare
Commission shall be four years and they shall hold office until the
appointment and qualification of their successors. The terms of the
members of the commission in office at the time this code takes
effect shall expire on January 15th of that year which for the
particular member has heretofore been determined. Vacancies shall be
filled by appointment for the unexpired terms.
SEC. 1057. Section 72 of the Labor Code
is repealed.
72. The members of the commission shall receive one hundred
dollars ($100) for each day's actual attendance at meetings and other
official business of the commission and shall receive their actual
and necessary expenses incurred in the performance of their duties.
SEC. 1058. Section 73 of the Labor Code
is repealed.
73. The Industrial Welfare Commission may employ necessary
assistants, officers, experts, and such other employees as it deems
necessary. All such personnel of the commission shall be under the
supervision of the chairman or an executive officer to whom the
chairman delegates such responsibility. All such personnel shall be
appointed pursuant to the State Civil Service Act (Part 1 (commencing
with Section 18000) of Division 5 of Title 2 of the Government
Code), except for the one exempt deputy or employee allowed by
subdivision (e) of Section 4 of Article VII of the California
Constitution.
SEC. 1059. Section 74 of the Labor Code
is amended to read:
74. The Chief of the Division of Labor Standards Enforcement, for
the purpose of enforcing Industrial Welfare Commission
Labor and Workforce Development Agency orders
and provisions of this code, may issue subpoenas to compel the
attendance of witnesses and production of books, papers, and records.
Obedience to subpoenas issued by the chief of the division shall be
enforced by the courts.
The Chief and enforcement deputies of the Division of Labor
Standards Enforcement may administer oaths and examine witnesses
under oath for the purpose of enforcing Industrial Welfare
Commission Labor and Workforce Development Agency
orders and provisions of this code.
SEC. 1060. Chapter 3 (commencing with Section 75)
of Division 1 of the Labor Code is repealed.
SEC. 1061. Chapter 3 (commencing with Section 75)
is added to Division 1 of the Labor Code
, to read:
CHAPTER 3. HEALTH AND SAFETY AND WORKERS' COMPENSATION
75. (a) A study shall be undertaken to examine the causes of the
number of insolvencies among workers' compensation insurers within
the past 10 years. The study shall be conducted by an independent
research organization under the direction of the department. Not
later than July 1, 2009, the department shall publish the report of
the study on its Internet Web site and shall inform the Legislature
and the Governor of the availability of the report.
(b) The study shall include an analysis of the following: the
access to capital for workers' compensation insurance from all
sources between 1993 and 2003; the availability, source, and risk
assumed of reinsurers during this period; the use of deductible
policies and their effect on solvency regulation; market activities
by insurers and producers that affected market concentration;
activities, including financial oversight of insurers, by insurance
regulators and the National Association of Insurance Commissioners
during this period; the quality of data reporting to the department's
designated statistical agent and the accuracy of recommendations
provided by the department's designated statistical agent during this
period of time; and underwriting, claims adjusting, and reserving
practices of insolvent insurers. The study shall also include a
survey of reports of other state agencies analyzing the insurance
market response to rising system costs within the applicable time
period.
(c) Data reasonably required for the study shall be made available
by the California Insurance Guarantee Association, Workers'
Compensation Insurance Rating Bureau, third-party administrators for
the insolvent insurers, whether prior to or after the insolvency, the
State Compensation Insurance Fund, and the Department of Insurance.
The department shall also include a survey of reports by the
department and other state agencies analyzing the insurance market
response to rising system costs within the applicable period of time.
(d) The cost of the study is not to exceed one million dollars
($1,000,000). Confidential information identifiable to any natural
person or insurance company held by any agency or organization or
association or other person or entity shall be released to
researchers upon satisfactory agreement to maintain confidentiality.
Information or material that is not subject to subpoena from the
agency or organization or association or other person or entity shall
not be subject to subpoena from the department or the contracted
research organization.
(e) The costs of the study shall be borne one-half by the
department from funds derived from the Workers' Compensation
Administration Revolving Fund and one-half by insurers from
assessments allocated to each insurer based on the insurer's
proportionate share of the market as shown by the Market Share Report
for Calendar Year 2006 published by the Department of Insurance.
(f) In order to protect individual company trade secrets, this
study shall not lead to the disclosure of, either directly or
indirectly, the business practices of any company that provides data
pursuant to this section. This prohibition shall not apply to
insurance companies that have been ordered by a court of competent
jurisdiction to be placed in liquidation under the supervision of a
liquidator or other authority.
SEC. 1062. Section 96 of the Labor Code
is amended to read:
96. The Labor Commissioner and his or her deputies and
representatives authorized by him or her in writing shall, upon the
filing of a claim therefor by an employee, or an employee
representative authorized in writing by an employee, with the Labor
Commissioner, take assignments of:
(a) Wage claims and incidental expense accounts and advances.
(b) Mechanics' and other liens of employees.
(c) Claims based on "stop orders" for wages and on bonds for
labor.
(d) Claims for damages for misrepresentations of conditions of
employment.
(e) Claims for unreturned bond money of employees.
(f) Claims for penalties for nonpayment of wages.
(g) Claims for the return of workers' tools in the illegal
possession of another person.
(h) Claims for vacation pay, severance pay, or other compensation
supplemental to a wage agreement.
(i) Awards for workers' compensation benefits in which the
Workers' Compensation Employment and Benefits
Appeals Board has found that the employer has failed to secure
payment of compensation and where the award remains unpaid more than
10 days after having become final.
(j) Claims for loss of wages as the result of discharge from
employment for the garnishment of wages.
(k) Claims for loss of wages as the result of demotion,
suspension, or discharge from employment for lawful conduct occurring
during nonworking hours away from the employer's premises.
SEC. 1063. Section 98 of the Labor Code
is amended to read:
98. (a) The Labor Commissioner shall have the authority to
investigate employee complaints. The Labor Commissioner may provide
for a hearing in any action to recover wages, penalties, and other
demands for compensation properly before the division or the Labor
Commissioner, including orders of the Industrial Welfare
Commission Labor and Workforce Development Agency
, and shall determine all matters arising under his or her
jurisdiction. It shall be within the jurisdiction of the Labor
Commissioner to accept and determine claims from holders of payroll
checks or payroll drafts returned unpaid because of insufficient
funds, if, after a diligent search, the holder is unable to return
the dishonored check or draft to the payee and recover the sums paid
out. Within 30 days of the filing of the complaint, the Labor
Commissioner shall notify the parties as to whether a hearing will be
held, whether action will be taken in accordance with Section 98.3,
or whether no further action will be taken on the complaint. If the
determination is made by the Labor Commissioner to hold a hearing,
the hearing shall be held within 90 days of the date of that
determination. However, the Labor Commissioner may postpone or grant
additional time before setting a hearing if the Labor Commissioner
finds that it would lead to an equitable and just resolution of the
dispute.
It is the intent of the Legislature that hearings held pursuant to
this section be conducted in an informal setting preserving the
right of the parties.
(b) When a hearing is set, a copy of the complaint, which shall
include the amount of compensation requested, together with a notice
of time and place of the hearing, shall be served on all parties,
personally or by certified mail, or in the manner specified in
Section 415.20 of the Code of Civil Procedure.
(c) Within 10 days after service of the notice and the complaint,
a defendant may file an answer with the Labor Commissioner in any
form as the Labor Commissioner may prescribe, setting forth the
particulars in which the complaint is inaccurate or incomplete and
the facts upon which the defendant intends to rely.
(d) No pleading other than the complaint and answer of the
defendant or defendants shall be required. Both shall be in writing
and shall conform to the form and the rules of practice and procedure
adopted by the Labor Commissioner.
(e) Evidence on matters not pleaded in the answer shall be allowed
only on terms and conditions the Labor Commissioner shall impose. In
all these cases, the claimant shall be entitled to a continuance for
purposes of review of the new evidence.
(f) If the defendant fails to appear or answer within the time
allowed under this chapter, no default shall be taken against him or
her, but the Labor Commissioner shall hear the evidence offered and
shall issue an order, decision, or award in accordance with the
evidence. A defendant failing to appear or answer, or subsequently
contending to be aggrieved in any manner by want of notice of the
pendency of the proceedings, may apply to the Labor Commissioner for
relief in accordance with Section 473 of the Code of Civil Procedure.
The Labor Commissioner may afford this relief. No right to relief,
including the claim that the findings or award of the Labor
Commissioner or judgment entered thereon are void upon their face,
shall accrue to the defendant in any court unless prior application
is made to the Labor Commissioner in accordance with this chapter.
(g) All hearings conducted pursuant to this chapter are governed
by the division and by the rules of practice and procedure adopted by
the Labor Commissioner.
(h) (1) Whenever a claim is filed under this chapter against a
person operating or doing business under a fictitious business name,
as defined in Section 17900 of the Business and Professions Code,
which relates to the person's business, the division shall inquire at
the time of the hearing whether the name of the person is the legal
name under which the business or person has been licensed,
registered, incorporated, or otherwise authorized to do business.
(2) The division may amend an order, decision, or award to conform
to the legal name of the business or the person who is the defendant
to a wage claim, if it can be shown that proper service was made on
the defendant or his or her agent, unless a judgment had been entered
on the order, decision, or award pursuant to subdivision (d) of
Section 98.2. The Labor Commissioner may apply to the clerk of the
superior court to amend a judgment that has been issued pursuant to a
final order, decision, or award to conform to the legal name of the
defendant, if it can be shown that proper service was made on the
defendant or his or her agent.
SEC. 1064. Section 98.3 of the Labor
Code is amended to read:
98.3. (a) The Labor Commissioner may prosecute all actions for
the collection of wages, penalties, and demands of persons who in the
judgment of the Labor Commissioner are financially unable to employ
counsel and the Labor Commissioner believes have claims which are
valid and enforceable.
The Labor Commissioner may also prosecute actions for the return
of worker's tools which are in the illegal possession of another
person.
(b) The Labor Commissioner may prosecute action for the collection
of wages and other moneys payable to employees or to the state
arising out of an employment relationship or order of the
Industrial Welfare Commission Labor and Workforce
Development Agency .
(c) The Labor Commissioner may also prosecute actions for wages or
other monetary benefits that are due the Industrial Relations Unpaid
Wage Fund.
SEC. 1065. Section 110 of the Labor
Code is amended to read:
110. As used in this chapter:
(a) "Appeals board" means the Workers' Compensation
Employment and Benefits Appeals Board.
The title of a member of the board is "commissioner."
(b) "Administrative director" means the Administrative Director of
the Division of Workers' Compensation.
(c) "Division" means the Division of Workers' Compensation.
(d) "Medical director" means the physician appointed by the
administrative director pursuant to Section 122.
(e) "Qualified medical evaluator" means physicians appointed by
the administrative director pursuant to Section 139.2.
(f) "Court administrator" means the administrator of the workers'
compensation adjudicatory process at the trial level.
SEC. 1066. Section 111 of the Labor
Code is amended to read:
111. (a) The Workers' Compensation Appeals Board,
consisting of seven members, shall exercise all judicial powers
vested in it under this code. In all other respects, the
The Division of Workers' Compensation is under the control
of the administrative director and, except as to those duties,
powers, jurisdiction, responsibilities, and purposes as are
specifically vested in the appeals board, the administrative director
shall exercise the powers of the head of a department within the
meaning of Article 1 (commencing with Section 11150) of Chapter 2 of
Part 1 of Division 3 of Title 2 of the Government Code with respect
to the Division of Workers' Compensation which shall include
supervision of, and responsibility for, personnel, and the
coordination of the work of the division, except personnel of the
appeals board.
(b) The administrative director shall prepare and submit, on March
1 of each year, a report to the Governor and the Legislature
covering the activities of the division during the prior year. The
report shall include recommendations for improvement and the need, if
any, for legislation to enhance the delivery of compensation to
injured workers. The report shall include data on penalties imposed
on employers or insurers due to delays in compensation or notices, or
both, by category of penalty imposed.
SEC. 1067. Section 112 of the Labor
Code is repealed.
112. The members of the appeals board shall be appointed by the
Governor with the advice and consent of the Senate. The term of
office of the members appointed prior to January 1, 1990, shall be
four years, and the term of office of members appointed on or after
January 1, 1990, shall be six years and they shall hold office until
the appointment and qualification of their successors.
Five of the members of the appeals board shall be experienced
attorneys at law admitted to practice in the State of California. The
other two members need not be attorneys at law. All members shall be
selected with due consideration of their judicial temperament and
abilities. Each member shall receive the salary provided for by
Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of
Title 2 of the Government Code.
SEC. 1068. Section 113 of the Labor
Code is repealed.
113. The Governor shall designate the chairman of the appeals
board from the membership of the appeals board. The person so
designated shall hold the office of chairman at the pleasure of the
Governor.
The chairman may designate in writing one of the other members of
the appeals board to act as chairman during such time as he may
be absent from the state on
official business, on vacation, or absent due to illness.
SEC. 1069. Section 115 of the Labor
Code is repealed.
115. Actions of the appeals board shall be taken by decision of a
majority of the appeals board except as otherwise expressly
provided.
The chairman shall assign pending cases in which reconsideration
is sought to any three members thereof for hearing, consideration and
decision. Assignments by the chairman of members to such cases shall
be rotated on a case-by-case basis with the composition of the
members so assigned being varied and changed to assure that there
shall never be a fixed and continued composition of members. Any such
case assigned to any three members in which the finding, order,
decision or award is made and filed by any two or more of such
members shall be the action of the appeals board unless
reconsideration is had in accordance with the provisions of Article 1
(commencing with Section 5900), Chapter 7, Part 4, Division 4 of
this code. Any case assigned to three members shall be heard and
decided only by them, unless the matter has been reassigned by the
chairman on a majority vote of the appeals board to the appeals board
as a whole in order to achieve uniformity of decision, or in cases
presenting novel issues.
SEC. 1070. Section 116 of the Labor
Code is repealed.
116. The seal of the appeals board bearing the inscription
"Workers' Compensation Appeals Board, Seal" shall be affixed to all
writs and authentications of copies of records and to such other
instruments as the appeals board directs.
SEC. 1071. Section 127.6 of the Labor
Code is amended to read:
127.6. (a) The administrative director shall, in consultation
with the Commission on Health and Safety and Workers'
Compensation Labor and Workforce Development Agency
, other state agencies, and researchers and research
institutions with expertise in health care delivery and occupational
health care service, conduct a study of medical treatment provided to
workers who have sustained industrial injuries and illnesses. The
study shall focus on, but not be limited to, all of the following:
(1) Factors contributing to the rising costs and utilization of
medical treatment and case management in the workers' compensation
system.
(2) An evaluation of case management procedures that contribute to
or achieve early and sustained return to work within the employee's
temporary and permanent work restrictions.
(3) Performance measures for medical services that reflect patient
outcomes.
(4) Physician utilization, quality of care, and outcome
measurement data.
(5) Patient satisfaction.
(b) The administrative director shall begin the study on or before
July 1, 2003, and shall report and make recommendations to the
Legislature based on the results of the study on or before July 1,
2004.
(c) In implementing this section, the administrative director
shall ensure the confidentiality and protection of patient-specific
data.
SEC. 1072. Section 138.7 of the Labor
Code is amended to read:
138.7. (a) Except as expressly permitted in subdivision (b), a
person or public or private entity not a party to a claim for workers'
compensation benefits may not obtain individually identifiable
information obtained or maintained by the division on that claim. For
purposes of this section, "individually identifiable information"
means any data concerning an injury or claim that is linked to a
uniquely identifiable employee, employer, claims administrator, or
any other person or entity.
(b) (1) The administrative director, or a statistical agent
designated by the administrative director, may use individually
identifiable information for purposes of creating and maintaining the
workers' compensation information system as specified in Section
138.6.
(2) The State Department of Public Health
Services may use individually identifiable information for
purposes of establishing and maintaining a program on occupational
health and occupational disease prevention as specified in Section
105175 of the Health and Safety Code.
(3) (A) Individually identifiable information may be used by the
Division of Workers' Compensation, the Division of Occupational
Safety and Health, and the Division of Labor Statistics and Research
as necessary to carry out their duties. The administrative director
shall adopt regulations governing the access to the information
described in this subdivision by these divisions. Any regulations
adopted pursuant to this subdivision shall set forth the specific
uses for which this information may be obtained.
(B) Individually identifiable information maintained in the
workers' compensation information system and the Division of Workers'
Compensation may be used by researchers employed by or under
contract to the Commission on Health and Safety and Workers'
Compensation Labor and Workforce Development
A gency as necessary to carry out the
commission's agency's research. The
administrative director shall adopt regulations governing the access
to the information described in this subdivision by
commission agency researchers. These regulations
shall set forth the specific uses for which this information may be
obtained and include provisions guaranteeing the confidentiality of
individually identifiable information. Individually identifiable
information obtained under this subdivision shall not be disclosed to
commission members agency officers .
No individually identifiable information obtained by researchers
under contract to the commission agency
pursuant to this subparagraph may be disclosed to any other person
or entity, public or private, for a use other than that research
project for which the information was obtained. Within a reasonable
period of time after the research for which the information was
obtained has been completed, the data collected shall be modified in
a manner so that the subjects cannot be identified, directly or
through identifiers linked to the subjects.
(4) The administrative director shall adopt regulations allowing
reasonable access to individually identifiable information by other
persons or public or private entities for the purpose of bona fide
statistical research. This research shall not divulge individually
identifiable information concerning a particular employee, employer,
claims administrator, or any other person or entity. The regulations
adopted pursuant to this paragraph shall include provisions
guaranteeing the confidentiality of individually identifiable
information. Within a reasonable period of time after the research
for which the information was obtained has been completed, the data
collected shall be modified in a manner so that the subjects cannot
be identified, directly or through identifiers linked to the
subjects.
(5) This section shall not operate to exempt from disclosure any
information that is considered to be a public record pursuant to the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code) contained in
an individual's file once an application for adjudication has been
filed pursuant to Section 5501.5.
However, individually identifiable information shall not be
provided to any person or public or private entity who is not a party
to the claim unless that person identifies himself or herself or
that public or private entity identifies itself and states the reason
for making the request. The administrative director may require the
person or public or private entity making the request to produce
information to verify that the name and address of the requester is
valid and correct. If the purpose of the request is related to
preemployment screening, the administrative director shall notify the
person about whom the information is requested that the information
was provided and shall include the following in 12-point type:
"IT MAY BE A VIOLATION OF FEDERAL AND STATE LAW TO DISCRIMINATE
AGAINST A JOB APPLICANT BECAUSE THE APPLICANT HAS FILED A CLAIM FOR
WORKERS' COMPENSATION BENEFITS."
Any residence address is confidential and shall not be disclosed
to any person or public or private entity except to a party to the
claim, a law enforcement agency, an office of a district attorney,
any person for a journalistic purpose, or other governmental agency.
Nothing in this paragraph shall be construed to prohibit the use
of individually identifiable information for purposes of identifying
bona fide lien claimants.
(c) Except as provided in subdivision (b), individually
identifiable information obtained by the division is privileged and
is not subject to subpoena in a civil proceeding unless, after
reasonable notice to the division and a hearing, a court determines
that the public interest and the intent of this section will not be
jeopardized by disclosure of the information. This section shall not
operate to restrict access to information by any law enforcement
agency or district attorney's office or to limit admissibility of
that information in a criminal proceeding.
(d) It shall be unlawful for any person who has received
individually identifiable information from the division pursuant to
this section to provide that information to any person who is not
entitled to it under this section.
SEC. 1073. Section 139.2 of the Labor
Code is amended to read:
139.2. (a) The administrative director shall appoint qualified
medical evaluators in each of the respective specialties as required
for the evaluation of medical-legal issues. The appointments shall be
for two-year terms.
(b) The administrative director shall appoint or reappoint as a
qualified medical evaluator a physician, as defined in Section
3209.3, who is licensed to practice in this state and who
demonstrates that he or she meets the requirements in paragraphs (1),
(2), (6), and (7), and, if the physician is a medical doctor, doctor
of osteopathy, doctor of chiropractic, or a psychologist, that he or
she also meets the applicable requirements in paragraph (3), (4), or
(5).
(1) Prior to his or her appointment as a qualified medical
evaluator, passes an examination written and administered by the
administrative director for the purpose of demonstrating competence
in evaluating medical-legal issues in the workers' compensation
system. Physicians shall not be required to pass an additional
examination as a condition of reappointment. A physician seeking
appointment as a qualified medical evaluator on or after January 1,
2001, shall also complete prior to appointment, a course on
disability evaluation report writing approved by the administrative
director. The administrative director shall specify the curriculum to
be covered by disability evaluation report writing courses, which
shall include, but is not limited to, 12 or more hours of
instruction.
(2) Devotes at least one-third of total practice time to providing
direct medical treatment, or has served as an agreed medical
evaluator on eight or more occasions in the 12 months prior to
applying to be appointed as a qualified medical evaluator.
(3) Is a medical doctor or doctor of osteopathy and meets one of
the following requirements:
(A) Is board certified in a specialty by a board recognized by the
administrative director and either the Medical Board of California
or the Osteopathic Medical Board of California.
(B) Has successfully completed a residency training program
accredited by the American College of Graduate Medical Education or
the osteopathic equivalent.
(C) Was an active qualified medical evaluator on June 30, 2000.
(D) Has qualifications that the administrative director and either
the Medical Board of California or the Osteopathic Medical Board of
California, as appropriate, both deem to be equivalent to board
certification in a specialty.
(4) Is a doctor of chiropractic and meets either of the following
requirements:
(A) Has completed a chiropractic postgraduate specialty program of
a minimum of 300 hours taught by a school or college recognized by
the administrative director, the Board of Chiropractic Examiners and
the Council on Chiropractic Education.
(B) Has been certified in California workers' compensation
evaluation by a provider recognized by the administrative director.
The certification program shall include instruction on disability
evaluation report writing that meets the standards set forth in
paragraph (1).
(5) Is a psychologist and meets one of the following requirements:
(A) Is board certified in clinical psychology by a board
recognized by the administrative director.
(B) Holds a doctoral degree in psychology, or a doctoral degree
deemed equivalent for licensure by the Board of Psychology pursuant
to Section 2914 of the Business and Professions Code, from a
university or professional school recognized by the administrative
director and has not less than five years' postdoctoral experience in
the diagnosis and treatment of emotional and mental disorders.
(C) Has not less than five years' postdoctoral experience in the
diagnosis and treatment of emotional and mental disorders, and has
served as an agreed medical evaluator on eight or more occasions
prior to January 1, 1990.
(6) Does not have a conflict of interest as determined under the
regulations adopted by the administrative director pursuant to
subdivision (o).
(7) Meets any additional medical or professional standards adopted
pursuant to paragraph (6) of subdivision (j).
(c) The administrative director shall adopt standards for
appointment of physicians who are retired or who hold teaching
positions who are exceptionally well qualified to serve as a
qualified medical evaluator even though they do not otherwise qualify
under paragraph (2) of subdivision (b). In no event shall a
physician whose full-time practice is limited to the forensic
evaluation of disability be appointed as a qualified medical
evaluator under this subdivision.
(d) The qualified medical evaluator, upon request, shall be
reappointed if he or she meets the qualifications of subdivision (b)
and meets all of the following criteria:
(1) Is in compliance with all applicable regulations and
evaluation guidelines adopted by the administrative director.
(2) Has not had more than five of his or her evaluations that were
considered by a workers' compensation administrative law judge at a
contested hearing rejected by the workers' compensation
administrative law judge or the appeals board pursuant to this
section during the most recent two-year period during which the
physician served as a qualified medical evaluator. If the workers'
compensation administrative law judge or the appeals board rejects
the qualified medical evaluator's report on the basis that it fails
to meet the minimum standards for those reports established by the
administrative director or the appeals board, the workers'
compensation administrative law judge or the appeals board, as the
case may be, shall make a specific finding to that effect, and shall
give notice to the medical evaluator and to the administrative
director. Any rejection shall not be counted as one of the five
qualifying rejections until the specific finding has become final and
time for appeal has expired.
(3) Has completed within the previous 24 months at least 12 hours
of continuing education in impairment evaluation or workers'
compensation-related medical dispute evaluation approved by the
administrative director.
(4) Has not been terminated, suspended, placed on probation, or
otherwise disciplined by the administrative director during his or
her most recent term as a qualified medical evaluator.
If the evaluator does not meet any one of these criteria, the
administrative director may in his or her discretion reappoint or
deny reappointment according to regulations adopted by the
administrative director. In no event may a physician who does not
currently meet the requirements for initial appointment or who has
been terminated under subdivision (e) because his or her license has
been revoked or terminated by the licensing authority be reappointed.
(e) The administrative director may, in his or her discretion,
suspend or terminate a qualified medical evaluator during his or her
term of appointment without a hearing as provided under subdivision
(k) or () whenever either of the following conditions occurs:
(1) The evaluator's license to practice in California has been
suspended by the relevant licensing authority so as to preclude
practice, or has been revoked or terminated by the licensing
authority.
(2) The evaluator has failed to timely pay the fee required by the
administrative director pursuant to subdivision (n).
(f) The administrative director shall furnish a physician, upon
request, with a written statement of its reasons for termination of,
or for denying appointment or reappointment as, a qualified medical
evaluator. Upon receipt of a specific response to the statement of
reasons, the administrative director shall review his or her decision
not to appoint or reappoint the physician or to terminate the
physician and shall notify the physician of its final decision within
60 days after receipt of the physician's response.
(g) The administrative director shall establish agreements with
qualified medical evaluators to assure the expeditious evaluation of
cases assigned to them for comprehensive medical evaluations.
(h) (1) When requested by an employee or employer pursuant to
Section 4062.1, the medical director appointed pursuant to Section
122 shall assign three-member panels of qualified medical evaluators
within five working days after receiving a request for a panel. If a
panel is not assigned within 15 working days, the employee shall have
the right to obtain a medical evaluation from any qualified medical
evaluator of his or her choice. The medical director shall use a
random selection method for assigning panels of qualified medical
evaluators. The medical director shall select evaluators who are
specialists of the type requested by the employee. The medical
director shall advise the employee that he or she should consult with
his or her treating physician prior to deciding which type of
specialist to request.
(2) The administrative director shall promulgate a form that shall
notify the employee of the physicians selected for his or her panel
after a request has been made pursuant to Section 4062.1 or 4062.2.
The form shall include, for each physician on the panel, the
physician's name, address, telephone number, specialty, number of
years in practice, and a brief description of his or her education
and training, and shall advise the employee that he or she is
entitled to receive transportation expenses and temporary disability
for each day necessary for the examination. The form shall also state
in a clear and conspicuous location and type: "You have the right to
consult with an information and assistance officer at no cost to you
prior to selecting the doctor to prepare your evaluation, or you may
consult with an attorney. If your claim eventually goes to court,
the workers' compensation administrative law judge will consider the
evaluation prepared by the doctor you select to decide your claim."
(3) When compiling the list of evaluators from which to select
randomly, the medical director shall include all qualified medical
evaluators who meet all of the following criteria:
(A) He or she does not have a conflict of interest in the case, as
defined by regulations adopted pursuant to subdivision (o).
(B) He or she is certified by the administrative director to
evaluate in an appropriate specialty and at locations within the
general geographic area of the employee's residence.
(C) He or she has not been suspended or terminated as a qualified
medical evaluator for failure to pay the fee required by the
administrative director pursuant to subdivision (n) or for any other
reason.
(4) When the medical director determines that an employee has
requested an evaluation by a type of specialist that is appropriate
for the employee's injury, but there are not enough qualified medical
evaluators of that type within the general geographic area of the
employee's residence to establish a three-member panel, the medical
director shall include sufficient qualified medical evaluators from
other geographic areas and the employer shall pay all necessary
travel costs incurred in the event the employee selects an evaluator
from another geographic area.
(i) The medical director appointed pursuant to Section 122 shall
continuously review the quality of comprehensive medical evaluations
and reports prepared by agreed and qualified medical evaluators and
the timeliness with which evaluation reports are prepared and
submitted. The review shall include, but not be limited to, a review
of a random sample of reports submitted to the division, and a review
of all reports alleged to be inaccurate or incomplete by a party to
a case for which the evaluation was prepared. The medical director
shall submit to the administrative director an annual report
summarizing the results of the continuous review of medical
evaluations and reports prepared by agreed and qualified medical
evaluators and make recommendations for the improvement of the system
of medical evaluations and determinations.
(j) After public hearing pursuant to Section 5307.3, the
administrative director shall adopt regulations concerning the
following issues:
(1) (A) Standards governing the timeframes within which medical
evaluations shall be prepared and submitted by agreed and qualified
medical evaluators. Except as provided in this subdivision, the
timeframe for initial medical evaluations to be prepared and
submitted shall be no more than 30 days after the evaluator has seen
the employee or otherwise commenced the medical evaluation procedure.
The administrative director shall develop regulations governing the
provision of extensions of the 30-day period in both of the following
cases:
(i) When the evaluator has not received test results or consulting
physician's evaluations in time to meet the 30-day deadline.
(ii) To extend the 30-day period by not more than 15 days when the
failure to meet the 30-day deadline was for good cause.
(B) For purposes of subparagraph (A), "good cause" means any of
the following:
(i) Medical emergencies of the evaluator or evaluator's family.
(ii) Death in the evaluator's family.
(iii) Natural disasters or other community catastrophes that
interrupt the operation of the evaluator's business.
(C) The administrative director shall develop timeframes governing
availability of qualified medical evaluators for unrepresented
employees under Sections 4061 and 4062. These timeframes shall give
the employee the right to the addition of a new evaluator to his or
her panel, selected at random, for each evaluator not available to
see the employee within a specified period of time, but shall also
permit the employee to waive this right for a specified period of
time thereafter.
(2) Procedures to be followed by all physicians in evaluating the
existence and extent of permanent impairment and limitations
resulting from an injury in a manner consistent with Section 4660.
(3) Procedures governing the determination of any disputed medical
treatment issues in a manner consistent with Section 5307.27.
(4) Procedures to be used in determining the compensability of
psychiatric injury. The procedures shall be in accordance with
Section 3208.3 and shall require that the diagnosis of a mental
disorder be expressed using the terminology and criteria of the
American Psychiatric Association's Diagnostic and Statistical Manual
of Mental Disorders, Third Edition-Revised, or the terminology and
diagnostic criteria of other psychiatric diagnostic manuals generally
approved and accepted nationally by practitioners in the field of
psychiatric medicine.
(5) Guidelines for the range of time normally required to perform
the following:
(A) A medical-legal evaluation that has not been defined and
valued pursuant to Section 5307.6. The guidelines shall establish
minimum times for patient contact in the conduct of the evaluations,
and shall be consistent with regulations adopted pursuant to Section
5307.6.
(B) Any treatment procedures that have not been defined and valued
pursuant to Section 5307.1.
(C) Any other evaluation procedure requested by the Insurance
Commissioner, or deemed appropriate by the administrative director.
(6) Any additional medical or professional standards that a
medical evaluator shall meet as a condition of appointment,
reappointment, or maintenance in the status of a medical evaluator.
(k) Except as provided in this subdivision, the administrative
director may, in his or her discretion, suspend or terminate the
privilege of a physician to serve as a qualified medical evaluator if
the administrative director, after hearing pursuant to subdivision
(), determines, based on substantial evidence, that a qualified
medical evaluator:
(1) Has violated any material statutory or administrative duty.
(2) Has failed to follow the medical procedures or qualifications
established pursuant to paragraph (2), (3), (4), or (5) of
subdivision (j).
(3) Has failed to comply with the timeframe standards established
pursuant to subdivision (j).
(4) Has failed to meet the requirements of subdivision (b) or (c).
(5) Has prepared medical-legal evaluations that fail to meet the
minimum standards for those reports established by the administrative
director or the appeals board.
(6) Has made material misrepresentations or false statements in an
application for appointment or reappointment as a qualified medical
evaluator.
No hearing shall be required prior to the suspension or
termination of a physician's privilege to serve as a qualified
medical evaluator when the physician has done either of the
following:
(A) Failed to timely pay the fee required pursuant to subdivision
(n).
(B) Had his or her license to practice in California suspended by
the relevant licensing authority so as to preclude practice, or had
the license revoked or terminated by the licensing authority.
(l) The administrative director shall cite the qualified
medical evaluator for a violation listed in subdivision (k) and shall
set a hearing on the alleged violation within 30 days of service of
the citation on the qualified medical evaluator. In addition to the
authority to terminate or suspend the qualified medical evaluator
upon finding a violation listed in subdivision (k), the
administrative director may, in his or her discretion, place a
qualified medical evaluator on probation subject to appropriate
conditions, including ordering continuing education or training. The
administrative director shall report to the appropriate licensing
board the name of any qualified medical evaluator who is disciplined
pursuant to this subdivision.
(m) The administrative director shall terminate from the list of
medical evaluators any physician where licensure has been terminated
by the relevant licensing board, or who has been convicted of a
misdemeanor or felony related to the conduct of his or her medical
practice, or of a crime of moral turpitude. The administrative
director shall suspend or terminate as a medical evaluator any
physician who has been suspended or placed on probation by the
relevant licensing board. If a physician is suspended or terminated
as a qualified medical evaluator under this subdivision, a report
prepared by the physician that is not complete, signed, and furnished
to one or more of the parties prior to the date of conviction or
action of the licensing board, whichever is earlier, shall not be
admissible in any proceeding before the appeals board nor shall there
be any liability for payment for the report and any expense incurred
by the physician in connection with the report.
(n) Each qualified medical evaluator shall pay a fee, as
determined by the administrative director, for appointment or
reappointment. These fees shall be based on a sliding scale as
established by the administrative director. All revenues from fees
paid under this subdivision shall be deposited into the Workers'
Compensation Administration Revolving Fund and are available for
expenditure upon appropriation by the Legislature, and shall not be
used by any other department or agency or for any purpose other than
administration of the programs the Division of Workers' Compensation
related to the provision of medical treatment to injured employees.
(o) An evaluator may not request or accept any compensation or
other thing of value from any source that does or could create a
conflict with his or her duties as an evaluator under this code. The
administrative director, after consultation with the
Commission on Health and Safety and Workers' Compensation
Labor and Workforce Development Agency , shall adopt
regulations to implement this subdivision.
SEC. 1074. Section 142.3 of the Labor
Code is amended to read:
142.3. (a) (1) The board, by an affirmative vote of at least four
members, may adopt, amend or repeal occupational safety and health
standards and orders. The board shall be the only agency in the state
authorized to adopt occupational safety and health standards.
(2) The board shall adopt standards at least as effective as the
federal standards for all issues for which federal standards have
been promulgated under Section 6 of the Occupational Safety and
Health Act of 1970 (P.L. 91-596) within six months of the
promulgation date of the federal standards and which, when applicable
to products which are distributed or used in interstate commerce,
are required by compelling local conditions and do not unduly burden
interstate commerce.
(3) No standard or amendment to any standard adopted by the board
that is substantially the same as a federal standard shall be subject
to Article 5 (commencing with Section 11346) and Article 6
(commencing with Section 11349) of Chapter 3.5 of Part 1 of Division
3 of Title 2 of the Government Code. For purposes of this
subdivision, "substantially the same" means identical to the federal
standard with the exception of editorial and format differences
needed to conform to other state laws and standards.
(4) If a federal standard is promulgated and no state standard
that is at least as effective as the federal standard is adopted by
the board within six months of the date of promulgation of the
federal standard, the following provisions shall apply unless
adoption of the state standard is imminent:
(A) If there is no existing state standard covering the same
issues, the federal standard shall be deemed to be a standard adopted
by the board and enforceable by the division pursuant to Section
6317. This standard shall not be subject to Article 5 (commencing
with Section 11346) and Article 6 (commencing with Section 11349) of
Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
Code.
(B) If a state standard is in effect at the time a federal
standard is promulgated covering the same issue or issues, the board
may adopt the federal standard, or a portion thereof, as a standard
enforceable by the division pursuant to Section 6317; provided,
however, if a federal standard or portion thereof is adopted which
replaces an existing state standard or portion thereof, the federal
standard shall be as effective as the state standard or portion
thereof. No adoption of or amendment to any federal standard, or
portion thereof shall be subject to Article 5 (commencing with
Section 11346) and Article 6 (commencing with Section 11349) of
Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
Code.
(C) Any state standard adopted pursuant to subparagraph (A) or (B)
shall become effective at the time the standard is filed with the
Secretary of State, unless otherwise provided, but shall not take
effect before the effective date of the equivalent federal standard
and shall remain in effect for six months unless readopted by the
board for an additional six months or superseded by a standard
adopted by the board pursuant to paragraph (2) of subdivision (a).
(D) Any standard adopted pursuant to subparagraph (A), (B), or
(C), shall be published in Title 8 of the California Code of
Regulations in a manner similar to any other standards adopted
pursuant to paragraphs (1) and (2) of subdivision (a) of this
section.
(b) The State Building Standards Commission
Department of General Services shall codify and publish in
a semiannual supplement to the California Building Standards Code,
or in a more frequent supplement if required by federal law, all
occupational safety and health standards that would otherwise meet
the definition of a building standard described in Section 18909 of
the Health and Safety Code adopted by the board in the State Building
Standards Code without reimbursement from the board. These
occupational safety and health standards may also be published by the
Occupational Safety and Health Standards Board in other provisions
in Title 8 of the California Code of Regulations prior to publication
in the California Building Standards Code if that other publication
includes an appropriate identification of occupational safety and
health standards contained in the other publication.
(c) Any occupational safety or health standard or order
promulgated under this section shall prescribe the use of labels or
other appropriate forms of warning as are necessary to ensure that
employees are apprised of all hazards to which they are exposed,
relevant symptoms and appropriate emergency treatment, and proper
conditions and precautions for safe use or exposure. Where
appropriate, these standards or orders shall also prescribe suitable
protective equipment and control or technological procedures to be
used in connection with these hazards and shall provide for
monitoring or measuring employee exposure at such locations and
intervals and in a manner as may be necessary for the protection of
employees. In addition, where appropriate, the occupational safety or
health standard or order shall prescribe the type and frequency of
medical examinations or other tests which shall be made available, by
the employer or at his or her cost, to employees exposed to such
hazards in order to most effectively determine whether the health of
such employee is adversely affected by this exposure.
(d) The results of these examinations or tests shall be furnished
only to the Division of Occupational Safety and Health, the State
Department of Health Care Services, any other authorized
state agency, the employer, the employee, and, at the request of the
employee, to his or her physician.
SEC. 1075. Section 148 of the Labor
Code is amended to read:
148. (a) There is in the Department of Industrial
Relations the Occupational Safety and Health Labor and
Workforce Development Agency, the Employment and Benefits
Appeals Board, consisting of three members appointed by the Governor,
subject to the approval of the Senate. One member shall be from the
field of management, one shall be from the field of labor and one
member shall be from the general public. The public member shall be
chosen from other than the fields of management and labor. Each
member of the appeals board shall devote his or her full
time to the performance of his or her duties.
(b) The chairman chairperson and
each member of the appeals board shall receive the annual salary
provided for by Chapter 6 (commencing with Section 11550) of Part 1
of Division 3 of Title 2 of the Government Code.
(c) The Governor shall designate the chairman
chairperson of the appeals board from the membership of
the appeals board. The person so designated shall hold the office of
chairman chairperson at the pleasure of
the Governor. The chairman chairperson
shall designate a member of the appeals board to act as
chairman chairperson in his or her
absence.
SEC. 1076. Section 148.01 is added to the
Labor Code , to read:
148.01. (a) The Employment and Benefits Appeals Board succeeds
to, and is vested with, all the duties, powers, purposes,
responsibilities, and jurisdiction of the Occupational Safety and
Health Appeals Board, the California Unemployment Insurance Appeals
Board, and the Workers' Compensation Appeals Board.
(b) All officers and employees of the Occupational Safety and
Health Appeals Board, the Unemployment Insurance Appeals Board, and
the Workers' Compensation Appeals Board, who are serving in the state
civil service, other than as temporary employees, shall be
transferred to the Employment and Benefits Appeals Board. The status,
positions, and rights of those persons shall not be affected by the
transfer and shall be retained by those persons as officers and
employees of the Employment and Benefits Appeals Board, pursuant to
the State Civil Service Act (Part 2 (commencing with Section 18500)
of Division 5 of Title 2 of the Government Code), except as to
positions exempt from the civil service.
(c) The Employment and Benefits Appeals Board shall have
possession and control of all records, papers, offices, equipment,
supplies, moneys, funds, appropriations, licenses, permits,
agreements, contracts, claims, judgments, land, and other property,
real or personal, connected with the administration of, or held for
the benefit or use of, the Occupational Safety and Health Appeals
Board, the Unemployment Insurance Appeals Board, or the Workers'
Compensation Appeals Board.
(d) (1) Any regulation or other action adopted, prescribed, taken,
or performed by an agency or officer in the administration of a
program or the performance of a duty, responsibility, or
authorization transferred by the act adding this subdivision shall
remain in effect and shall be deemed to be a regulation or action of
the agency or officer to whom the program, duty, responsibility, or
authorization is transferred.
(2) No suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty,
responsibility, or authorization transferred by the act adding this
subdivision, shall abate by reason of the transfer of the program,
duty, responsibility, or authorization under the act adding this
subdivision.
(e) Any further reference in this chapter to the appeals board
shall refer to the Employment and Benefits Appeals Board, except as
indicated.
SEC. 1077. Section 148.1 of the Labor
Code is amended to read:
148.1. Each member of the appeals board shall serve for
a term of four years at the pleasure of the Governor
and until his or her successor is appointed and
qualifies. The terms of the first three members appointed to
the appeals board shall expire on the second, third, and fourth
January 15th following the date of the appointment of the first
appointed member. A vacancy shall be filled by the Governor, subject
to the approval of the Senate by appointment for the unexpired term.
SEC. 1078. Section 148.2 of the Labor
Code is amended to read:
148.2. The appeals board may employ necessary assistants,
officers, experts, hearing officers, and such other employees as it
deems necessary. All such personnel of the appeals
board shall be under the supervision of the chairman
chairperson of the appeals board or an executive
officer to whom the chairman chairperson
delegates such responsibility. All
such personnel shall be appointed pursuant to the State
Civil Service Act (Part 2 (commencing with Section 18500) of Division
5 of Title 2 of the Government Code), except for the one exempt
deputy or employee allowed by subdivision (e) of Section 4 of Article
XXIV VII of the California
Constitution. The salaries of the hearing officers shall be fixed by
the State Personnel Board at a rate comparable to that of other
referees or hearing officers in state service whose duties and
responsibilities are comparable, without regard to whether
such other positions have membership in the State Bar of
California as a prerequisite to appointment.
SEC. 1079. Section 148.6 of the Labor
Code is amended to read:
148.6. A decision of the appeals board is binding on the director
and the Division of Occupational Safety and Health and the
Employment Development Department with respect to the parties
involved in the particular appeal. The director shall have the right
to seek judicial review of an appeals board decision irrespective of
whether or not he or she appeared or participated in the appeal to
the appeals board or its hearing officer.
SEC. 1080. Section 204.3 of the Labor
Code is amended to read:
204.3. (a) An employee may receive, in lieu of overtime
compensation, compensating time off at a rate of not less than one
and one-half hours for each hour of employment for which overtime
compensation is required by law. If an hour of employment would
otherwise be compensable at a rate of more than one and one-half
times the employee's regular rate of compensation, then the employee
may receive compensating time off commensurate with the higher rate.
(b) An employer may provide compensating time off under
subdivision (a) if the following four conditions are met:
(1) The compensating time off is provided pursuant to applicable
provisions of a collective bargaining agreement, memorandum of
understanding, or other written agreement between the employer and
the duly authorized representative of the employer's employees; or,
in the case of employees not covered by the aforementioned agreement
or memorandum of understanding, pursuant to a written agreement
entered into between the employer and employee before the performance
of the work.
(2) The employee has not accrued compensating time in excess of
the limit prescribed by subdivision (c).
(3) The employee has requested, in writing, compensating time off
in lieu of overtime compensation.
(4) The employee is regularly scheduled to work no less than 40
hours in a workweek.
(c) (1) An employee may not accrue more than 240 hours of
compensating time off. Any employee who has accrued 240 hours of
compensating time off shall, for any additional overtime hours of
work, be paid overtime compensation.
(2) If compensation is paid to an employee for accrued
compensating time off, the compensation shall be paid at the regular
rate earned by the employee at the time the employee receives
payment.
(d) An employee who has accrued compensating time off authorized
to be provided under subdivision (a) shall, upon termination of
employment, be paid for the unused compensating time at a rate of
compensation not less than the average regular rate received by the
employee during the last three years of the employee's employment, or
the final regular rate received by the employee, whichever is
higher.
(e) (1) An employee who has accrued compensating time off
authorized to be provided under subdivision (a), and who has
requested the use of that compensating time, shall be permitted by
the employee's employer to use the time within a reasonable period
after making the request, if the use of the compensating time does
not unduly disrupt the operations of the employer.
(2) Upon the request of an employee, the employer shall pay
overtime compensation in cash in lieu of compensating time off for
any compensating time off that has accrued for at least two pay
periods.
(3) For purposes of determining whether a request to use
compensating time has been granted within a reasonable period, the
following factors shall be relevant:
(A) The normal schedule of work.
(B) Anticipated peak workloads based on past experience.
(C) Emergency requirements for staff and services.
(D) The availability of qualified substitute staff.
(f) Every employer shall keep records that accurately reflect
compensating time earned and used.
(g) For purposes of this section, the terms "compensating time"
and "compensating time off" mean hours during which an employee is
not working, which are not counted as hours worked during the
applicable workweek or other work period for purposes of overtime
compensation, and for which the employee is compensated at the
employee's regular rate.
(h) This section shall not apply to any employee exempt from the
overtime provisions of the California wage orders.
(i) This section shall not apply to any employee who is subject to
the following wage orders of the Industrial Welfare
Commission Labor and Workforce Development Agency
: Orders No. 8-80, 13-80, and 14-80 (affecting industries
handling products after harvest, industries preparing agricultural
products for market on the farm, and agricultural occupations), Order
No. 3-80 (affecting the canning, freezing, and preserving industry),
Orders No. 5-89 and 10-89 (affecting the public housekeeping and
amusement and recreation industries), and Order No. 1-89 (affecting
the manufacturing industry).
SEC. 1081. Section 226 of the Labor
Code is amended to read:
226. (a) Every employer shall, semimonthly or at the time of each
payment of wages, furnish each of his or her employees, either as a
detachable part of the check, draft, or voucher paying the employee's
wages, or separately when wages are paid by personal check or cash,
an accurate itemized statement in writing showing (1) gross wages
earned, (2) total hours worked by the employee, except for any
employee whose compensation is solely based on a salary and who is
exempt from payment of overtime under subdivision (a) of Section 515
or any applicable order of the Industrial Welfare Commission
Labor and Workforce Development Agency , (3)
the number of piece-rate units earned and any applicable piece rate
if the employee is paid on a piece-rate basis, (4) all deductions,
provided that all deductions made on written orders of the employee
may be aggregated and shown as one item, (5) net wages earned, (6)
the inclusive dates of the period for which
that the employee is paid, (7) the name of the employee and his
or her social security number, except that by January 1, 2008, only
the last four digits of his or her social security number or an
employee identification number other than a social security number
may be shown on the itemized statement, (8) the name and address of
the legal entity that is the employer, and (9) all applicable hourly
rates in effect during the pay period and the corresponding number of
hours worked at each hourly rate by the employee. The deductions
made from payments of wages shall be recorded in ink or other
indelible form, properly dated, showing the month, day, and year, and
a copy of the statement or a record of the deductions shall be kept
on file by the employer for at least three years at the place of
employment or at a central location within the State of California.
(b) An employer that is required by this code or any regulation
adopted pursuant to this code to keep the information required by
subdivision (a) shall afford current and former employees the right
to inspect or copy the records pertaining to that current or former
employee, upon reasonable request to the employer. The employer may
take reasonable steps to assure ensure
the identity of a current or former employee. If the employer
provides copies of the records, the actual cost of reproduction may
be charged to the current or former employee.
(c) An employer who receives a written or oral request to inspect
or copy records pursuant to subdivision (b) pertaining to a current
or former employee shall comply with the request as soon as
practicable, but no later than 21 calendar days from the date of the
request. A violation of this subdivision is an infraction.
Impossibility of performance, not caused by or a result of a
violation of law, shall be an affirmative defense for an employer in
any action alleging a violation of this subdivision. An employer may
designate the person to whom a request under this subdivision will be
made.
(d) This section does not apply to any employer of any person
employed by the owner or occupant of a residential dwelling whose
duties are incidental to the ownership, maintenance, or use of the
dwelling, including the care and supervision of children, or whose
duties are personal and not in the course of the trade, business,
profession, or occupation of the owner or occupant.
(e) An employee suffering injury as a result of a knowing and
intentional failure by an employer to comply with subdivision (a) is
entitled to recover the greater of all actual damages or fifty
dollars ($50) for the initial pay period in which a violation occurs
and one hundred dollars ($100) per employee for each violation in a
subsequent pay period, not exceeding an aggregate penalty of four
thousand dollars ($4,000), and is entitled to an award of costs and
reasonable attorney's fees.
(f) A failure by an employer to permit a current or former
employee to inspect or copy records within the time set forth in
subdivision (c) entitles the current or former employee or the Labor
Commissioner to recover a seven-hundred-fifty-dollar ($750) penalty
from the employer.
(g) An employee may also bring an action for injunctive relief to
ensure compliance with this section, and is entitled to an award of
costs and reasonable attorney's fees.
(h) This section does not apply to the state, to any city, county,
city and county, district, or to any other governmental entity,
except that if the state or a city, county, city and county,
district, or other governmental entity furnishes its employees with a
check, draft, or voucher paying the employee's wages, the state or a
city, county, city and county, district, or other governmental
entity shall, by January 1, 2008, use no more than the last four
digits of the employee's social security number or shall use an
employee identification number other than the social security number
on the itemized statement provided with the check, draft, or voucher.
SEC. 1082. Section 226.7 of the Labor
Code is amended to read:
226.7. (a) No employer shall require any employee to work during
any meal or rest period mandated by an applicable order of the
Industrial Welfare Commission Labor and
Workforce Development Agency .
(b) If an employer fails to provide an employee a meal period or
rest period in accordance with an applicable order of the
Industrial Welfare Commission Labor and Workforce
Development Agency , the employer shall pay the
employee one additional hour of pay at the employee's regular rate of
compensation for each work day that the meal or rest period is not
provided.
SEC. 1083. Section 350 of the Labor
Code is amended to read:
350. As used in this article, unless the context indicates
otherwise:
(a) "Employer" means every person engaged in any business or
enterprise in this state that has one or more persons in service
under any appointment, contract of hire, or apprenticeship, express
or implied, oral or written, irrespective of whether the person is
the owner of the business or is operating on a concessionaire or
other basis.
(b) "Employee" means every person, including aliens and minors,
rendering actual service in any business for an employer, whether
gratuitously or for wages or pay, whether the wages or pay are
measured by the standard of time, piece, task, commission, or other
method of calculation, and whether the service is rendered on a
commission, concessionaire, or other basis.
(c) "Employing" includes hiring, or in any way contracting for,
the services of an employee.
(d) "Agent" means every person other than the employer having the
authority to hire or discharge any employee or supervise, direct, or
control the acts of employees.
(e) "Gratuity" includes any tip, gratuity, money, or part thereof
that has been paid or given to or left for an employee by a patron of
a business over and above the actual amount due the business for
services rendered or for goods, food, drink, or articles sold or
served to the patron. Any amounts paid directly by a patron to a
dancer employed by an employer subject to Industrial Welfare
Commission Labor and
Workforce Development Agency Order No. 5 or 10
shall be deemed a gratuity.
(f) "Business" means any business establishment or enterprise,
regardless of where conducted.
SEC. 1084. Section 511 of the Labor
Code is amended to read:
511. (a) Upon the proposal of an employer, the employees of an
employer may adopt a regularly scheduled alternative workweek that
authorizes work by the affected employees for no longer than 10 hours
per day within a 40-hour workweek without the payment to the
affected employees of an overtime rate of compensation pursuant to
this section. A proposal to adopt an alternative workweek schedule
shall be deemed adopted only if it receives approval in a secret
ballot election by at least two-thirds of affected employees in a
work unit. The regularly scheduled alternative workweek proposed by
an employer for adoption by employees may be a single work schedule
that would become the standard schedule for workers in the work unit,
or a menu of work schedule options, from which each employee in the
unit would be entitled to choose.
(b) An affected employee working longer than eight hours but not
more than 12 hours in a day pursuant to an alternative workweek
schedule adopted pursuant to this section shall be paid an overtime
rate of compensation of no less than one and one-half times the
regular rate of pay of the employee for any work in excess of the
regularly scheduled hours established by the alternative workweek
agreement and for any work in excess of 40 hours per week. An
overtime rate of compensation of no less than double the regular rate
of pay of the employee shall be paid for any work in excess of 12
hours per day and for any work in excess of eight hours on those days
worked beyond the regularly scheduled workdays established by the
alternative workweek agreement. Nothing in this section requires an
employer to combine more than one rate of overtime compensation in
order to calculate the amount to be paid to an employee for any hour
of overtime work.
(c) An employer shall not reduce an employee's regular rate of
hourly pay as a result of the adoption, repeal , or
nullification of an alternative workweek schedule.
(d) An employer shall make a reasonable effort to find a work
schedule not to exceed eight hours in a workday, in order to
accommodate any affected employee who was eligible to vote in an
election authorized by this section and who is unable to work the
alternative schedule hours established as the result of that
election. An employer shall be permitted to provide a work schedule
not to exceed eight hours in a workday to accommodate any employee
who was hired after the date of the election and who is unable to
work the alternative schedule established as the result of that
election. An employer shall explore any available reasonable
alternative means of accommodating the religious belief or observance
of an affected employee that conflicts with an adopted alternative
workweek schedule, in the manner provided by subdivision (j)
(l) of Section 12940 of the Government Code.
(e) The results of any election conducted pursuant to this section
shall be reported by an employer to the Division of Labor Statistics
and Research within 30 days after the results are final.
(f) Any type of alternative workweek schedule that is authorized
by this code and that was in effect on January 1, 2000, may be
repealed by the affected employees pursuant to this section. Any
alternative workweek schedule that was adopted pursuant to Wage Order
Numbers 1, 4, 5, 7, or 9 of the Industrial Welfare
Commission Labor and Workforce Development Agency
is null and void, except for an alternative workweek providing
for a regular schedule of no more than 10 hours' work in a workday
that was adopted by a two-thirds vote of affected employees in a
secret ballot election pursuant to wage orders of the
Industrial Welfare Commission Labor and Workforce
Development Agency in effect prior to 1998. This subdivision
does not apply to exemptions authorized pursuant to Section 515.
(g) Notwithstanding subdivision (f), an alternative workweek
schedule in the health care industry adopted by a two-thirds vote of
affected employees in a secret ballot election pursuant to Wage
Orders 4 and 5 in effect prior to 1998 that provided for workdays
exceeding 10 hours but not exceeding 12 hours in a day without the
payment of overtime compensation shall be valid until July 1, 2000.
An employer in the health care industry shall make a reasonable
effort to accommodate any employee in the health care industry who is
unable to work the alternative schedule established as the result of
a valid election held in accordance with provisions of Wage Orders 4
or 5 that were in effect prior to 1998.
(h) Notwithstanding subdivision (f), if an employee is voluntarily
working an alternative workweek schedule providing for a regular
work schedule of not more than 10 hours work in a workday as of July
1, 1999, an employee may continue to work that alternative workweek
schedule without the entitlement of the payment of daily overtime
compensation for the hours provided in that schedule if the employer
approves a written request of the employee to work that schedule.
SEC. 1085. Section 512 of the Labor Code
is amended to read:
512. (a) An employer may not employ an employee for a work period
of more than five hours per day without providing the employee with
a meal period of not less than 30 minutes, except that if the total
work period per day of the employee is no more than six hours, the
meal period may be waived by mutual consent of both the employer and
employee. An employer may not employ an employee for a work period of
more than 10 hours per day without providing the employee with a
second meal period of not less than 30 minutes, except that if the
total hours worked is no more than 12 hours, the second meal period
may be waived by mutual consent of the employer and the employee only
if the first meal period was not waived.
(b) Notwithstanding subdivision (a), the Industrial
Welfare Commission Labor and Workforce Development
Agency may adopt a working condition order permitting a meal
period to commence after six hours of work if the commission
secretary determines that the order is
consistent with the health and welfare of the affected employees.
(c) Subdivision (a) does not apply to an employee in the wholesale
baking industry who is subject to an Industrial Welfare
Commission a Labor and Workforce Development Agency
wage order and who is covered by a valid collective bargaining
agreement that provides for a 35-hour workweek consisting of five
seven-hour days, payment of 1 and1/2 the regular rate of pay for time
worked in excess of seven hours per day, and a rest period of not
less than 10 minutes every two hours.
(d) If an employee in the motion picture industry or the
broadcasting industry, as those industries are defined in
Industrial Welfare Commission Wage Labor and Workforce
Development Agency Orders 11 and 12, is covered by a valid
collective bargaining agreement that provides for meal periods and
includes a monetary remedy if the employee does not receive a meal
period required by the agreement, then the terms, conditions, and
remedies of the agreement pertaining to meal periods apply in lieu of
the applicable provisions pertaining to meal periods of subdivision
(a) of this section, Section 226.7, and Industrial Welfare
Commission Labor and Workforce Development Agency
Wage Orders 11 and 12.
SEC. 1086. Section 512.5 of the Labor
Code is amended to read:
512.5. (a) Notwithstanding any provision of this chapter, if the
Industrial Welfare Commission Labor and
Workforce Development Agency adopts or amends an order that
applies to an employee of a public agency who operates a commercial
motor vehicle, it may exempt that employee from the application of
the provisions of that order which relate to meal periods or rest
periods, consistent with the health and welfare of that employee, if
he or she is covered by a valid collective bargaining agreement.
(b) "Commercial motor vehicle" for the purposes of this section
has the same meaning as provided in subdivision (b) of Section 15210
of the Vehicle Code.
(c) "Public agency" for the purposes of this section means the
state and any political subdivision of the state, including any city,
county, city and county, or special district.
SEC. 1087. Section 515 of the Labor
Code is amended to read:
515. (a) The Industrial Welfare Commission
Labor and Workforce Development Agency may establish
exemptions from the requirement that an overtime rate of compensation
be paid pursuant to Sections 510 and 511 for executive,
administrative, and professional employees, provided that the
employee is primarily engaged in the duties that meet the test of the
exemption, customarily and regularly exercises discretion and
independent judgment in performing those duties, and earns a monthly
salary equivalent to no less than two times the state minimum wage
for full-time employment. The commission
secretary shall conduct a review of the duties that meet the
test of the exemption. The commission
secretary may, based upon this review, convene a public hearing
to adopt or modify regulations at that hearing pertaining to duties
that meet the test of the exemption without convening wage boards.
Any hearing conducted pursuant to this subdivision shall be concluded
not later than July 1, 2000.
(b) (1) The commission secretary may
establish additional exemptions to hours of work requirements under
this division where it finds that hours or conditions of labor may be
prejudicial to the health or welfare of employees in any occupation,
trade, or industry. This paragraph shall become inoperative on
January 1, 2005.
(2) Except as otherwise provided in this section and in
subdivision (g) of Section 511, nothing in this section requires the
commission secretary to alter any
exemption from provisions regulating hours of work that was contained
in any valid wage order in effect in 1997. Except as otherwise
provided in this division, the commission
secretary may review, retain, or eliminate any exemption from
provisions regulating hours of work that was contained in any valid
wage order in effect in 1997.
(c) For the purposes of this section, "full-time employment" means
employment in which an employee is employed for 40 hours per week.
(d) For the purpose of computing the overtime rate of compensation
required to be paid to a nonexempt full-time salaried employee, the
employee's regular hourly rate shall be 1/40th of the employee's
weekly salary.
(e) For the purposes of this section, "primarily" means more than
one-half of the employee's worktime.
(f) (1) In addition to the requirements of subdivision (a),
registered nurses employed to engage in the practice of nursing shall
not be exempted from coverage under any part of the orders of the
Industrial Welfare Commission Labor and
Workforce Development Agency , unless they individually meet
the criteria for exemptions established for executive or
administrative employees.
(2) This subdivision does not apply to any of the following:
(A) A certified nurse midwife who is primarily engaged in
performing duties for which certification is required pursuant to
Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2
of the Business and Professions Code.
(B) A certified nurse anesthetist who is primarily engaged in
performing duties for which certification is required pursuant to
Article 7 (commencing with Section 2825) of Chapter 6 of Division 2
of the Business and Professions Code.
(C) A certified nurse practitioner who is primarily engaged in
performing duties for which certification is required pursuant to
Article 8 (commencing with Section 2834) of Chapter 6 of Division 2
of the Business and Professions Code.
(D) Nothing in this paragraph shall exempt the occupations set
forth in subparagraphs (A), (B), and (C) from meeting the
requirements of subdivision (a).
SEC. 1088. Section 516 of the Labor
Code is amended to read:
516. Except as provided in Section 512, the Industrial
Welfare Commission Labor and Workforce Development
Agency may adopt or amend working condition orders with respect
to break periods, meal periods, and days of rest for any workers in
California consistent with the health and welfare of those workers.
SEC. 1089. Section 554 of the Labor
Code is amended to read:
554. (a) Sections 551 and 552 shall not apply to any cases of
emergency nor to work performed in the protection of life or property
from loss or destruction, nor to any common carrier engaged in or
connected with the movement of trains. This chapter, with the
exception of Section 558, shall not apply to any person employed in
an agricultural occupation, as defined in Order No. 14-80 (operative
January 1, 1998) of the Industrial Welfare Commission
Labor and Workforce Development Agency . Nothing
in this chapter shall be construed to prevent an accumulation of
days of rest when the nature of the employment reasonably requires
that the employee work seven or more consecutive days, if in each
calendar month the employee receives days of rest equivalent to one
day's rest in seven. The requirement respecting the equivalent of one
day's rest in seven shall apply, notwithstanding the other
provisions of this chapter relating to collective bargaining
agreements, where the employer and a labor organization representing
employees of the employer have entered into a valid collective
bargaining agreement respecting the hours of work of the employees,
unless the agreement expressly provides otherwise.
(b) In addition to the exceptions specified in subdivision (a),
the Chief of the Division of Labor Standards Enforcement may, when in
his or her judgment hardship will result, exempt any employer or
employees from the provisions of Sections 551 and 552.
SEC. 1090. Section 558 of the Labor
Code is amended to read:
558. (a) Any employer or other person acting on behalf of an
employer who violates, or causes to be violated, a section of this
chapter or any provision regulating hours and days of work in any
order of the Industrial Welfare Commission
Labor and Workforce Development Agency shall be subject to a
civil penalty as follows:
(1) For any initial violation, fifty dollars ($50) for each
underpaid employee for each pay period for which the employee was
underpaid in addition to an amount sufficient to recover underpaid
wages.
(2) For each subsequent violation, one hundred dollars ($100) for
each underpaid employee for each pay period for which the employee
was underpaid in addition to an amount sufficient to recover
underpaid wages.
(3) Wages recovered pursuant to this section shall be paid to the
affected employee.
(b) If upon inspection or investigation the Labor Commissioner
determines that a person had paid or caused to be paid a wage for
overtime work in violation of any provision of this chapter, or any
provision regulating hours and days of work in any order of the
Industrial Welfare Commission Labor and
Workforce Development Agency , the Labor Commissioner may issue
a citation. The procedures for issuing, contesting, and enforcing
judgments for citations or civil penalties issued by the Labor
Commissioner for a violation of this chapter shall be the same as
those set out in Section 1197.1.
(c) The civil penalties provided for in this section are in
addition to any other civil or criminal penalty provided by law.
SEC. 1091. Section 1030 of the Labor
Code is amended to read:
1030. Every employer, including the state and any political
subdivision, shall provide a reasonable amount of break time to
accommodate an employee desiring to express breast milk for the
employee's infant child. The break time shall, if possible, run
concurrently with any break time already provided to the employee.
Break time for an employee that does not run concurrently with the
rest time authorized for the employee by the applicable wage order of
the Industrial Welfare Commission Labor and
Workforce Development Agency shall be unpaid.
SEC. 1092. Section 1173 of the Labor
Code is amended to read:
1173. (a) It is the continuing duty of the
Industrial Welfare Commission Secretary of
Labor and Workforce Development and the Labor and Workforce
Development Agency , hereinafter referred to in this chapter as
the commission secretary or the agency
respectively , to ascertain the wages paid to all employees in
this state, to ascertain the hours and conditions of labor and
employment in the various occupations, trades, and industries in
which employees are employed in this state, and to investigate the
health, safety, and welfare of those employees.
The commission
(b) The secretary shall conduct a
full review of the adequacy of the minimum wage at least once every
two years. The commission secretary
may, upon its his or her own motion or
upon petition, amend or rescind any order or portion of any order or
adopt an order covering any occupation, trade, or industry not
covered by an existing order pursuant to this chapter.
Before
(c) Before adopting any new
rules, regulations, or policies, the commission
secretary shall consult with the Occupational Safety and
Health Standards Board to determine those areas and subject matters
where the respective jurisdictions of the commission
secretary and the Occupational Safety and Health
Standards Board overlap. This consultation need not take the form of
a joint meeting. In the case of such overlapping jurisdiction, the
Occupational Safety and Health Standards Board shall have exclusive
jurisdiction, and rules, regulations, or policies of the
commission agency on the same subject have no
force or effect.
SEC. 1093. Section 1174 of the Labor
Code is amended to read:
1174. Every person employing labor in this state shall:
(a) Furnish to the commission secretary
, at its his or her request,
reports or information that the commission
secretary requires to carry out this chapter. The reports and
information shall be verified if required by the commission
or any member thereof secretary .
(b) Allow any member of the commission the
secretary or the employees of the Division of Labor Standards
Enforcement free access to the place of business or employment of the
person to secure any information or make any investigation that they
are authorized by this chapter to ascertain or make. The
commission secretary may inspect or make
excerpts, relating to the employment of employees, from the books,
reports, contracts, payrolls, documents, or papers of the person.
(c) Keep a record showing the names and addresses of all employees
employed and the ages of all minors.
(d) Keep, at a central location in the state or at the plants or
establishments at which employees are employed, payroll records
showing the hours worked daily by and the wages paid to, and the
number of piece-rate units earned by and any applicable piece rate
paid to, employees employed at the respective plants or
establishments. These records shall be kept in accordance with rules
established for this purpose by the commission
secretary , but in any case shall be kept on file for not
less than two years.
SEC. 1094. Section 1174.5 of the Labor
Code is amended to read:
1174.5. Any person employing labor who willfully fails to
maintain the records required by subdivision (c) of Section 1174 or
accurate and complete records required by subdivision (d) of Section
1174, or to allow any member of the commission
the secretary or employees of the division to inspect
records pursuant to subdivision (b) of Section 1174, shall be subject
to a civil penalty of five hundred dollars ($500).
SEC. 1095. Section 1175 of the Labor
Code is amended to read:
1175. Any person, or officer or agent thereof, is guilty of a
misdemeanor who:
(a) Neglects or refuses to furnish the information requested under
the provisions of Section 1174.
(b) Refuses access to his or her place of business or
employment to any member of the commission
the secretary or employee of the Division of Labor Standards
Enforcement when administering or enforcing this chapter.
(c) Hinders such member, the secretary
or employee in securing information authorized by Section 1174.
(d) Fails to keep any of the records required by Section 1174.
SEC. 1096. Section 1176 of the Labor
Code is amended to read:
1176. The commission or any members thereof
secretary may subpena subpoena
witnesses and administer oaths. All witnesses
subpenaed subpoenaed by the commission
secretary shall be paid the fees and mileage
fixed by law in civil cases. In case of the failure of a person to
comply with an order or subpena subpoena
of the commission or any member thereof
secretary , or in the case of the refusal of a witness to
testify to any matter regarding which he or she may
lawfully be interrogated before any wage board or the
commission secretary , it shall be the duty of
the superior court or judge thereof, on the application of a
member of the commission the secretary , to
compel obedience in a manner by which such
obedience could be compelled in a proceeding pending before the
court.
SEC. 1097. Section 1176.1 of the Labor
Code is amended to read:
1176.1. Any interested party may petition the commission
secretar y requesting the adoption,
amendment, or repeal of a regulation. The petition shall state
clearly and concisely all of the following:
(a) The substance or nature of the regulation, amendment, or
repeal that is requested.
(b) The reason for the request.
(c) Reference to the commission's
secretary's authority to take the action that is requested.
SEC. 1098. Section 1176.3 of the Labor
Code is amended to read:
1176.3. (a) Within 120 days of the receipt of a petition
requesting the adoption, amendment, or repeal of a regulation, the
commission secretary shall notify the
petitioner in writing of the receipt of the petition, set the matter
for consideration at a public meeting, and issue a written decision
taking one of the following actions:
(1) Setting the matter for public hearing pursuant to Section 1178
or 1178.5.
(2) Denying the petition. A decision denying a petition shall
include a statement explaining the reasons for the denial.
(b) The petitioner may request reconsideration of any part or all
of a decision denying a petition pursuant to paragraph (2) of
subdivision (a) of Section 1176.3 . The
commission's secretary's reconsideration of any
matter relating to a petition shall be subject to subdivision (a),
except that a decision to deny reconsideration shall be final.
(c) In cases where a petition is referred to a wage board, the
commission secretary shall complete its
final actions on the petition within 90 days after completion of the
public hearing process pursuant to subdivision (c) of Section
1178.5.
SEC. 1099. Section 1177 of the Labor
Code is amended to read:
1177. (a) The commission secretary
may make and enforce rules of practice and procedure and shall not be
bound by the rules of evidence. Each order of the
commission shall be concurred in by a majority of the commissioners.
(b) The commission secretary shall
prepare a statement as to the basis upon which an adopted or amended
order is predicated. The statement shall be concurred in by
a majority of the commissioners. The commission
secretary shall publish a copy of the statement
with the order in the California Regulatory Notice Register. The
commission secretary also shall provide
a copy of the statement to any interested party upon request.
SEC. 1100. Section 1178 of the Labor
Code is amended to read:
1178. If after investigation the commission
secretary finds that in any occupation, trade, or
industry, the wages paid to employees may be inadequate to supply the
cost of proper living, or that the hours or conditions of labor may
be prejudicial to the health, morals, or welfare of employees, the
commission secretary shall select a
wage board to consider any of such those
matters and transmit to such that
wage board the information supporting its findings gathered in the
investigation. Such The investigation
shall include at least one public hearing.
SEC. 1101. Section 1178.5 of the Labor
Code is amended to read:
1178.5. (a) If the commission secretary
finds that wages paid to employees may be inadequate to supply
the cost of proper living, it he or she
shall select one wage board composed of an equal number of
representatives of employers and employees, and a nonvoting
representative of the commission
secretary , designated by the commission
secretary , who shall act as chairperson. The
wage board shall consider the findings of the commission
secretary and such other
information it deems appropriate and report to the
commission secretary its recommendation of a
minimum wage adequate to supply the necessary cost of proper living
to, and maintain the health and welfare of employees in this state,
and its recommendations on such other matters
related to the minimum wage on which the commission
secretary has requested recommendations.
(b) If the commission secretary
finds that hours or conditions of labor may be prejudicial to the
health or welfare of employees in any occupation, trade, or industry,
it he or she shall select a wage board
composed of an equal number of representatives of employers and
employees in the occupation, trade, or industry in question, and a
nonvoting representative of the
commission secretary , designated by the
commission secretary , who shall act as
chairperson. The wage board shall consider the findings of the
commission secretary and such
other
information it deems appropriate and report to the
commission secretary its recommendation as to
what action should be taken by the commission
secretary with respect to the matter under consideration.
(c) Prior to amending or rescinding any existing order or adopting
any new order, and after receipt of the wage board report and
recommendation, the commission secretary
shall prepare proposed regulations with respect to the matter
under consideration. The proposed regulations shall include any
recommendation of the wage board which received the support of at
least two-thirds of the members of the wage board. A public hearing
on the proposed regulations shall be held in each of at least three
cities in this state, except when the proposed regulations would
affect only an occupation, trade, or industry which is not statewide
in scope, in which case a public hearing shall be held in the
locality in which the occupation, trade, or industry prevails. The
proceedings shall be recorded and transcribed and shall thereafter be
a matter of public record.
SEC. 1102. Section 1179 of the Labor
Code is amended to read:
1179. The members of the wage board shall be allowed fifty
dollars ($50) per diem and necessary traveling expenses while engaged
in such conferences. The commission
secretary shall make rules governing the number and selection
of the members and the mode of procedure of the wage board, and shall
exercise exclusive jurisdiction over all questions as to the
validity of the procedure.
SEC. 1103. Section 1180 of the Labor
Code is amended to read:
1180. The proceedings and deliberations of the wage board shall
be made a matter of record for the use of the commission
secretary , and shall be admissible as evidence
in any proceedings before the commission
secretary .
SEC. 1104. Section 1181 of the Labor
Code is amended to read:
1181. Upon the fixing of the time and place for the holding of a
hearing for the purpose of considering and acting upon the proposed
regulations or any matters referred to in Sections 1176 to 1180,
inclusive, the commission secretary
shall:
(a) Give public notice thereof by advertisement in at least one
newspaper published in each of the cities of Los Angeles, Oakland,
Sacramento, San Jose, Fresno, Eureka, San Diego, Long Beach, Alameda,
Berkeley, Stockton, San Bernardino, and San Francisco.
(b) Mail a copy of the notice and the proposed regulations to the
clerk of the superior court of each county in the state to be posted
at the courthouse; to each association of employers or employees
which, in the opinion of the commission
secretary , would be affected by the hearing; and to any person
or organization within this state filing with the
commission secretary a written request for
notice of such the hearing. Failure to
mail such that notice shall not
invalidate any order of the commission
secretary issued after such the
hearing.
The
(c) The notice shall also state
the time and place fixed for the hearing, which shall not be less
than 30 days from the date of publication and mailing of
such the notices.
SEC. 1105. Section 1182 of the Labor
Code is amended to read:
1182. (a) After receipt of the wage board report and the public
hearings on the proposed regulations, the commission
secretary may, upon its
his or her own motion, amend or rescind an existing order or
promulgate a new order. However, with respect to proposed regulations
based on recommendations supported by at least two-thirds of the
members of the wage board, the commission
secretary shall adopt such the
proposed regulations, unless it he or she
finds there is no substantial evidence to support such
the recommendations.
(b) If at any time the federal minimum wage applicable to
employees covered by the Fair Labor Standards Act of 1938, as
amended, prior to February 1, 1967, is scheduled to exceed the
minimum wage fixed by the commission state
law , the provisions of Sections 1178 and 1178.5 pertaining to
wage boards shall be waived and the commission
secretary shall, in a public meeting, adopt an order
fixing a new minimum wage at the scheduled higher federal minimum
wage. The effective date of such order shall be the same as the
effective date of the federal minimum wage, and such order shall not
become operative in the event the scheduled increase in the federal
minimum wage does not become operative.
SEC. 1106. Section 1182.1 of the Labor
Code is amended to read:
1182.1. Any action taken by the commission
secretary pursuant to Sections 517 and 1182 shall be
published in at least one newspaper in each of the Cities of Los
Angeles, Sacramento, Oakland, San Jose, Fresno, San Diego, and San
Francisco. A summary of the action taken and notice of where the
complete text of the new or amended order may be obtained may be
published in lieu of the complete text when the commission
secretary determines such
that this summary and notice will adequately inform the
public. The statement as to the basis of the order need not be
published.
SEC. 1107. Section 1182.4 of the Labor
Code is amended to read:
1182.4. (a) No student employee, camp counselor, or program
counselor of an organized camp shall be subject to a minimum wage or
maximum hour order of the commission
secretary if the student employee, camp counselor, or program
counselor receives a weekly salary of at least 85 percent of the
minimum wage for a 40-hour week, regardless of the number of hours
per week the student employee, camp counselor, or program counselor
might work at the organized camp. If the student employee, camp
counselor, or program counselor works less than 40 hours per week,
the student employee, camp counselor, or program counselor shall be
paid at least 85 percent of the minimum hourly wage for each hour
worked.
(b) An organized camp may deduct the value of meals and lodging
from the salary of a student employee, camp counselor, or program
counselor pursuant to appropriate orders of the commission
secretary .
(c) As used in this section, "organized camp" means an organized
camp, as defined in Section 18897 of the Health and Safety Code,
which meets the standards of the American Camping Association.
SEC. 1108. Section 1182.5 of the Labor
Code is amended to read:
1182.5. (a) The Legislature finds that the time permitted the
Industrial Welfare Commission Labor and
Workforce Development Agency to consider daily overtime
compensation petitions that are to be given priority attention by the
commission secretary pursuant to
Section 20 of Chapter 1083 of the Statutes of 1980, has created
unanticipated delays in the review and possible modification of
applicable commission agency orders for
preexisting workweek arrangements, as defined in subdivision (b).
The Legislature finds further that legislation is necessary to
provide redress of hardships resulting from these unanticipated
delays by the enactment of special commission
agency review procedures that augment, and do not limit in any
way, the rights and privileges of parties before the
Industrial Welfare Commission Labor and Workforce
Development Agency under this chapter.
(b) For purposes of this section only, a "preexisting workweek
arrangement" is defined as, and limited to, a workweek arrangement
that existed before November 1980, and had to be modified or
abandoned by an employer because the workweek arrangement did not
qualify for any exemption provided by the Industrial Welfare
Commission Labor and Workforce Development Agency
from its daily overtime requirements for
collectively bargained arrangements, and did not otherwise comply
with the daily overtime requirements of an applicable
commission agency order.
(c) (1) An employer who has had in operation
an established preexisting workweek arrangement may, prior to July
1, 1985, file a verified petition with the commission
secretary for review and modification of an
applicable order and, upon filing this petition, shall simultaneously
file a copy with the Labor Commissioner. Upon receipt of the
petition by the Labor Commissioner a stay of enforcement of the
applicable commission agency order as
it would affect the workweek arrangement shall take effect. The Labor
Commissioner may reject a petition that, on its face, cannot qualify
as a preexisting workweek arrangement. Within three months of
commencement of the stay the Labor Commissioner shall certify the
preexisting workweek arrangement to the commission
secretary if, upon examination, the Labor Commissioner
finds that all of the following conditions are met by the workweek
arrangement:
(1)
(A) It was established by the petitioning employer and
was in operation prior to November 1980.
(2)
(B) It had to be abandoned or modified by the employer
because of noncompliance with the applicable order of the commission.
(3)
(C) It was established on a nondiscriminatory basis
with the support of affected employees and it continues to have the
support of two-thirds of the employees in the covered work group.
(4)
(D) It complied with all applicable standards of the
commission Labor and Workforce Development
Agency , other than daily overtime requirements.
(5)
(E) It is found, after consultation with the Director
of Industrial Relations when appropriate, not to be adverse to the
health and welfare of affected employees.
In
(2) In the course of examining a
preexisting workweek arrangement and following certification, the
Labor Commissioner shall not divert any of the resources of the
Division of Labor Standards Enforcement for the purpose of
investigating, prosecuting, or otherwise acting upon any alleged
violations of the daily overtime provisions of an applicable
commission Labor and Workforce Development Agency
order during any period in 1980 in which a court-issued stay of
enforcement was in effect for these provisions; provided, the
workweek arrangement involved was in operation during that period in
good faith reliance by the employer upon the court-issued stay of
enforcement and with the approval of two-thirds of the employer's
affected employees.
(d) In the course of examining a petition for certification to the
commission secretary , the Labor
Commissioner shall have access to all pertinent records of the
petitioning employer and shall have the authority to converse with
affected employees of the employer without the presence of
management. Until the commission secretary
takes action on a petition, the Labor Commissioner shall retain
the authority to withdraw a certification to the commission
secretary for cause.
(e) Upon receipt by the commission
secretary of the Labor Commissioner's certification of a
preexisting workweek arrangement, the stay of enforcement shall
continue as hereinafter provided beyond the three-month period for
certification until modified or rescinded by the commission
Labor and Workforce Development Agency . The
modification or rescission shall not be made without an appropriate
hearing and findings regarding the applicable order. If the
commission secretary undertakes review of the
applicable order, the stay of enforcement shall continue through the
review process and until any resulting modification of the applicable
order, in which case, the modified order shall become applicable to
the preexisting workweek arrangement.
SEC. 1109. Section 1182.6 of the Labor
Code is amended to read:
1182.6. (a) No employer who continuously operates a manufacturing
facility 24 hours a day for seven days a week, and who has had in
operation an established preexisting workweek arrangement, as defined
in subdivision (b), shall be in violation of this code or any
applicable wage order of the commission Labor
and Workforce Development Agency by instituting, pursuant to
an agreement voluntarily executed by the employer and at least
two-thirds of the affected employees before the performance of the
work, a regularly scheduled workweek that includes three working days
of not more than 12 hours a day, or regularly scheduled workweeks
that include three working days of not more than 12 hours a day one
week and four working days of not more than 12 hours a day in the
following week for an average workweek of 42 hours over a two-week
period.
(b) For purposes of this section only, a "preexisting workweek
arrangement" is defined as, and limited to, a workweek arrangement
that existed before November 1980, and had to be modified or
abandoned by an employer because the workweek arrangement did not
qualify for any exemption provided by the Industrial Welfare
Commission Labor and Workforce Development Agency
from its daily overtime requirements for collectively bargained
arrangements, and did not otherwise comply with the daily overtime
requirements of an applicable commission
agency order.
(c) The agreement described in subdivision (a) shall be confirmed
by an affirmative vote by secret ballot by at least two-thirds of the
affected employees, and may be rescinded at any time by a two-thirds
vote of the affected employees. A new vote on whether the agreement
described in subdivision (a) shall be continued shall be held every
three years, and an affirmative vote by at least two-thirds of the
affected employees shall be necessary to continue the agreement.
(d) The employer shall not be required to pay premium wage rates
to employees working a schedule described in subdivision (a) unless
the employee is required or permitted to work more than 12 hours in
any workday, more than the scheduled three or four days in any
workweek, or more than 40 hours in any workweek.
(e) This section shall not apply to any employer who is now, or in
the future becomes, a party to a collective-bargaining agreement
covering employees who would otherwise be covered by this section.
(f) No employee working a schedule described in subdivision (a)
shall be required to work more than four consecutive days within
seven consecutive days.
SEC. 1110. Section 1182.7 of the Labor
Code is amended to read:
1182.7. (a) The Legislature finds that the time permitted the
Industrial Welfare Commission Labor and
Workforce Development Agency to consider petitions, including,
but not limited to, daily overtime compensation petitions that are to
be given priority attention by the commission
secretary pursuant to Section 20 of Chapter 1083 of the
Statutes of 1980, has created unanticipated and unwarranted delays in
the review and possible modification of applicable
commission agency orders. The Legislature finds
further that legislation is necessary to provide redress of hardships
resulting from these delays by the enactment of special
commission agency review procedures that
augment, and do not limit in any way, the rights and privileges of
parties before the Industrial Welfare Commission
agency under this chapter.
(b) Notwithstanding any other provisions of this chapter to the
contrary, if a labor organization or a trade association recognized
in the health care industry files or has filed a petition with the
commission secretary that requests an
amendment to an order of the commission
agency that would directly regulate only the health care
industry, the petitioner may request that the ordinary procedure
established by this chapter for the review of petitions of this
nature not be used and that the procedure specified in subdivisions
(c) and (d) be followed instead. If the request is made by the
petitioner, the commission secretary
shall be required to follow the procedure specified in subdivisions
(c) and (d).
(c) (1) Upon the filing of a request under
subdivision (b), the procedure to revise an order of the
commission agency provided in Sections 1178 to
1182, inclusive, shall be waived. In lieu of that procedure, the
commission secretary shall propose the
adoption of or may reject the petition, in whole or in part, without
appointing a wage board. The commission
secretary shall act on the petition within 45 days of the date
the petition is originally filed. If the commission
secretary rejects the petition, it
he or she shall state its reasons for rejection.
The commission
(2) The agency shall thereafter
conduct hearings on any proposal to adopt the petition in whole or in
part in the manner specified in subdivision (c) of Section 1178.5
and publish the proposed action in the manner provided in Section
1181. However, the hearings shall be conducted within 90 days of the
date the petition is originally filed.
(d) Not more than 30 days following the hearings specified in
subdivision (c), the commission secretary
shall take final action with respect to its
his or her proposal. No later than 15 days following final
action, notice of the action taken shall be given in the manner
provided for in Sections 1182.1 and 1183. Any action adopting,
amending, or repealing an order of the commission
agency pursuant to this section shall take effect 60 days
following the date of this notice.
(e) (1) Notwithstanding any other provisions
of this chapter, the commission secretary
shall not adopt, amend, or repeal a proposal which has been
changed from that which has originally been made available to the
public, unless the change is nonsubstantive in nature and the
commission secretary complies with the
procedure specified in this subdivision.
If
(2) If a substantive change is
made to the original proposal after the close of the public hearing,
the full text of the resulting change shall be noticed within five
days and made available to the public for comments for at least 10
days before the commission secretary
adopts, amends, or repeals the regulation. No later than 10 days
following the close of the public comment period, the
commission secretary shall take final action
with respect to its his or her modified
proposal, and give notice of that action within 10 days in the
manner provided in Sections 1182.1 and 1183. In no case shall any
action adopting, amending, or repealing an order take effect more
than 60 days following the close of the public comment period.
SEC. 1111. Section 1182.8 of the Labor
Code is amended to read:
1182.8. No employer shall be in violation of any provision of any
applicable order of the Industrial Welfare Commission
Labor and Workforce Development Agency relating
to credit or charges for lodging for charging, pursuant to a
voluntary written agreement, a resident apartment manager up to
two-thirds of the fair market rental value of the apartment supplied
to the manager, if no credit for the apartment is used to meet the
employer's minimum wage obligation to the manager.
SEC. 1112. Section 1182.11 of the Labor
Code is amended to read:
1182.11. Notwithstanding any other provision of this part, on and
after March 1, 1997, the minimum wage for all industries shall not
be less than five dollars ($5.00) per hour; on and after March 1,
1998, the minimum wage for all industries shall not be less than five
dollars and seventy-five cents ($5.75) per hour. The
Industrial Welfare Commission shall, at a public meeting, adopt
minimum wage orders consistent with this section without convening
wage boards, which wage orders shall be final and conclusive for all
purposes.
SEC. 1113. Section 1183 of the Labor
Code is amended to read:
1183. (a) So far as practicable, the commission
secretary , by mail, shall send a copy of the
order authorized by Section 1182 to each employer in the occupation
or industry in question, and each employer shall post a copy of the
order in the building in which employees affected by the order are
employed. The commission secretary
shall also send a copy of the order to each employer registering his
or her name with the commission secretary
for that purpose, but failure to mail the order or notice of
the order to any employer affected by the order shall not relieve the
employer from the duty of complying with the order.
(b) The commission secretary shall
prepare a summary of the regulations contained in its
his or her orders. The summary shall be printed
on the first page of the document containing the full text of the
order. The summary shall include a brief description of the following
subjects of the orders: minimum wage, hours and days of work,
reporting time, pay records, cash shortages and breakage, uniforms
and equipment, meals and lodging, meal and rest periods, and seats.
The summary shall also include information as to how to contact the
field office of the Division of Labor Standards Enforcement, how to
obtain a copy of the full text of the order and the statement as to
the basis for the order, and any other information the
commission secretary deems necessary. The
commission secretary , at its
his or her discretion, may prepare a separate
summary for each order or any combination of orders, or it
he or she may incorporate the regulations of all
its orders into a single summary.
(c) A finding by the commission secretary
that there has been publication of any action taken by the
commission secretary as required by
Section 1182.1 is conclusive as to the obligation of an employer to
comply with the order.
(d) Every employer who is subject to an order of the
commission agency shall post a copy of the order
and keep it posted in a conspicuous location frequented by employees
during the hours of the workday.
SEC. 1114. Section 1184 of the Labor
Code is amended to read:
1184. Any action taken by the commission
secretary pursuant to Section 1182 shall be effective on the
first day of the succeeding January or July and not less than 60 days
from the date of publication pursuant to Section 1182.1.
SEC. 1115. Section 1185 of the Labor
Code is amended to read:
1185. The orders of the commission agency
fixing minimum wages, maximum hours, and standard conditions
of labor for all employees, when promulgated in accordance with the
provisions of this chapter, shall be valid and operative and
such these orders are hereby expressly exempted
from the provisions of Article 5 (commencing with Section 11346) of
Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
Code.
SEC. 1116. Section 1186 of the Labor
Code is amended to read:
1186. A person employed in the practice of pharmacy is not exempt
from coverage under any provision of the orders of the
Industrial Welfare Commission agency unless he
or she individually meets the criteria established for exemption as
executive or administrative employees. No person employed in the
practice of pharmacy may be subject to any exemption from coverage
under the orders of the Industrial Welfare Commission
agency established for professional employees.
SEC. 1117. Section 1187 of the Labor
Code is amended to read:
1187. The findings of fact made by the commission
secretary are, in the absence of fraud,
conclusive.
SEC. 1118. Section 1188 of the Labor
Code is amended to read:
1188. Any person aggrieved directly or indirectly by any final
rule or regulation of the commission
secretary made under this chapter may apply to the
commission secretary for a rehearing in respect
to any matters determined or covered therein and specified in the
application for rehearing within twenty 20
days after the publication thereof. The application for
rehearing shall be verified and shall state fully the grounds upon
which the application for rehearing is based. The commission
secretary, upon considering an application for
rehearing , may grant the same by order and notice thereof
given by mail to the party applying for the rehearing, and fix a
time for the rehearing , and reconsider its
his or her order, rule, or regulation. The
commission secretary may redetermine
the matter upon the record before it him or
her and give notice of its that
redetermination in the same manner as provided for service of an
original order, rule, or regulation. The commission
secretary may deny such rehearing upon the
record before it him or her , giving
notice of its that decision by mail to
the applicant therefor. Such A
rehearing is deemed to be denied unless acted upon by the
commission secretary within thirty days after
being filed.
SEC. 1119. Section 1190 of the Labor
Code is amended to read:
1190. Nothing in this chapter shall prevent a review or other
action permitted by the Constitution and laws of this State by a
court of competent jurisdiction with reference to any order, rule, or
regulation of the commission secretary
under this chapter.
SEC. 1120. Section 1191 of the Labor
Code is amended to read:
1191. For any occupation in which a minimum wage has been
established, the commission secretary
may issue to an employee who is mentally or physically handicapped,
or both, a special license authorizing the employment of the licensee
for a period not to exceed one year from date of issue, at a wage
less than the legal minimum wage. The commission
secretary shall fix a special minimum wage for the
licensee. Such A license may be renewed
on a yearly basis.
SEC. 1121. Section 1191.5 of the Labor
Code is amended to read:
1191.5. Notwithstanding the provisions of Section 1191, the
commission secretary may issue a
special license to a nonprofit organization such as a sheltered
workshop or rehabilitation facility to permit the employment of
employees who have been determined by the commission
secretary to meet the requirements in Section
1191 without requiring individual licenses of such employees. The
commission secretary shall fix a
special minimum wage for such employees. The special license for the
nonprofit corporation shall be renewed on a yearly basis, or more
frequently as
determined by the commission secretary
.
SEC. 1122. Section 1192 of the Labor
Code is amended to read:
1192. For any occupation in which a minimum wage has been
established, the commission secretary
may issue to an apprentice or learner a special license authorizing
the employment of such that apprentice
or learner for the time and under the conditions which
that the commission
secretary determines and at a wage less than the legal minimum
wage. The commission secretary shall
fix a special wage for such that
apprentice or learner.
SEC. 1123. Section 1193 of the Labor
Code is amended to read:
1193. The commission secretary may
fix the maximum number of employees to be employed under the licenses
provided for in Sections 1191 and 1192 in any occupation, trade,
industry, or establishment in which a minimum wage has been
established.
SEC. 1124. Section 1193.5 of the Labor
Code is amended to read:
1193.5. The provisions of this This
chapter shall be administered and enforced by the division
Division of Labor Standards Enforcement . Any
authorized representative of the division shall have authority to:
(a) Investigate and ascertain the wages of all employees, and the
hours and working conditions of all employees employed in any
occupation in the state; state.
(b) Supervise the payment of unpaid minimum wages or unpaid
overtime compensation owing to any employee under the provisions of
this chapter or the orders of the commission
agency . Acceptance of payment of sums found to be due on
demand of the division shall constitute a waiver on the part of the
employee of his or her cause of action under Section 1194.
Unpaid minimum wages or unpaid overtime wages recovered by the
division under the provisions of this section which for any reason
cannot be delivered within six months from date of collection to the
employee for whom such those wages were
collected shall be deposited into the Industrial Relations Unpaid
Wage Fund in the State Treasury.
SEC. 1125. Section 1193.6 of the Labor
Code is amended to read:
1193.6. (a) The department or division
Division of Labor Standards Enforcement may, with or without
the consent of the employee or employees affected, commence and
prosecute a civil action to recover unpaid minimum wages or unpaid
overtime compensation, including interest thereon, owing to any
employee under this chapter or the orders of the commission
agency , and, in addition to these wages,
compensation, and interest, shall be awarded reasonable attorney's
fees, and costs of suit. The consent of any employee to the bringing
of this action shall constitute a waiver on the part of the employee
of his or her cause of action under Section 1194 unless the action is
dismissed without prejudice by the department or the division.
(b) The amendments made to this section by Chapter 825 of the
Statutes of 1991 shall apply only to civil actions commenced on or
after January 1, 1992.
SEC. 1126. Section 1194.2 of the Labor
Code is amended to read:
1194.2. (a) In any action under Section 1193.6 or Section 1194 to
recover wages because of the payment of a wage less than the minimum
wage fixed by an state law or order of
the commission agency , an employee
shall be entitled to recover liquidated damages in an amount equal to
the wages unlawfully unpaid and interest thereon. Nothing in this
subdivision shall be construed to authorize the recovery of
liquidated damages for failure to pay overtime compensation.
(b) Notwithstanding subdivision (a), if the employer demonstrates
to the satisfaction of the court that the act or omission giving rise
to the action was in good faith and that the employer had reasonable
grounds for believing that the act or omission was not a violation
of any provision of the Labor Code relating to minimum wage, or an
order of the commission agency , the
court may, in its discretion, refuse to award liquidated damages or
award any amount of liquidated damages not exceeding the amount
specified in subdivision (a).
(c) This section only shall apply to civil actions commenced on or
after January 1, 1992.
SEC. 1127. Section 1195 of the Labor
Code is amended to read:
1195. Any person may register with the Division of Labor
Standards Enforcement a complaint that the wage paid to an employee
for whom a minimum wage has been fixed by state law or by
the commission agency is less than that
rate. The division shall investigate the matter and take all
proceedings necessary to enforce the payment of a wage not less than
the minimum wage.
SEC. 1128. Section 1195.5 of the Labor
Code is amended to read:
1195.5. The Division of Labor Standards Enforcement shall
determine, upon request, whether the wages of employees ,
which that exceed the minimum wages fixed by
state law or by the commission
agency , have been correctly computed and paid. For this
purpose, the division may examine the books, reports, contracts,
payrolls and other documents of the employer relative to the
employment of employees. The division shall enforce the payment of
any sums found, upon examination, to be due and unpaid to the
employees.
SEC. 1129. Section 1197 of the Labor
Code is amended to read:
1197. The minimum wage for employees fixed by state law or,
if hired by the commission agency
is the minimum wage to be paid to employees, and the payment of
a less wage that is less than the
minimum so fixed wage is unlawful.
SEC. 1130. Section 1197.1 of the Labor
Code is amended to read:
1197.1. (a) Any employer or other person acting either
individually or as an officer, agent, or employee of another person,
who pays or causes to be paid to any employee a wage less than the
minimum fixed by state law or by an order of the
commission agency shall be subject to a civil
penalty as follows:
(1) For any initial violation that is intentionally committed, one
hundred dollars ($100) for each underpaid employee for each pay
period for which the employee is underpaid.
(2) For each subsequent violation for the same specific offense,
two hundred fifty dollars ($250) for each underpaid employee for each
pay period for which the employee is underpaid regardless of whether
the initial violation is intentionally committed.
(b) If, upon inspection or investigation, the Labor Commissioner
determines that a person has paid or caused to be paid a wage less
than the minimum, the Labor Commissioner may issue a citation to the
person in violation. The citation may be served personally or by
registered mail in accordance with subdivision (c) of Section 11505
of the Government Code. Each citation shall be in writing and shall
describe the nature of the violation, including reference to the
statutory provision alleged to have been violated. The Labor
Commissioner promptly shall take all appropriate action, in
accordance with this section, to enforce the citation and to recover
the civil penalty assessed in connection with the citation.
(c) If a person desires to contest a citation or the proposed
assessment of a civil penalty therefor, the person shall, within 15
business days after service of the citation, notify the office of the
Labor Commissioner that appears on the citation of his or her
request for an informal hearing. The Labor Commissioner or his or her
deputy or agent shall, within 30 days, hold a hearing at the
conclusion of which the citation or proposed assessment of a civil
penalty shall be affirmed, modified, or dismissed.
The decision of the Labor Commissioner shall consist of a notice
of findings, findings, and an order, all of which shall be served on
all parties to the hearing within 15 days after the hearing by
regular first-class mail at the last known address of the party on
file with the Labor Commissioner. Service shall be completed pursuant
to Section 1013 of the Code of Civil Procedure. Any amount found due
by the Labor Commissioner as a result of a hearing shall become due
and payable 45 days after notice of the findings and written findings
and order have been mailed to the party assessed. A writ of mandate
may be taken from this finding to the appropriate superior court. The
party shall pay any judgment and costs ultimately rendered by the
court against the party for the assessment. The writ shall be taken
within 45 days of service of the notice of findings, findings, and
order thereon.
(d) A person to whom a citation has been issued shall, in lieu of
contesting a citation pursuant to this section, transmit to the
office of the Labor Commissioner designated on the citation the
amount specified for the violation within 15 business days after
issuance of the citation.
(e) When no petition objecting to a citation or the proposed
assessment of a civil penalty is filed, a certified copy of the
citation or proposed civil penalty may be filed by the Labor
Commissioner in the office of the clerk of the superior court in any
county in which the person assessed has or had a place of business.
The clerk, immediately upon the filing, shall enter judgment for the
state against the person assessed in the amount shown on the citation
or proposed assessment of a civil penalty.
(f) When findings and the order thereon are made affirming or
modifying a citation or proposed assessment of a civil penalty after
hearing, a certified copy of these findings and the order entered
thereon may be entered by the Labor Commissioner in the office of the
clerk of the superior court in any county in which the person
assessed has property or in which the person assessed has or had a
place of business. The clerk, immediately upon the filing, shall
enter judgment for the state against the person assessed in the
amount shown on the certified order.
(g) A judgment entered pursuant to this section shall bear the
same rate of interest and shall have the same effect as other
judgments and be given the same preference allowed by the law on
other judgments rendered for claims for taxes. The clerk shall make
no charge for the service provided by this section to be performed by
him or her.
(h) The civil penalties provided for in this section are in
addition to any other penalty provided by law.
(i) This section shall not apply to any order of the
commission agency relating to household
occupations.
SEC. 1131. Section 1198 of the Labor
Code is amended to read:
1198. The maximum hours of work and the standard conditions of
labor fixed by the commission agency
shall be the maximum hours of work and the standard conditions of
labor for employees. The employment of any employee for longer hours
than those fixed by the order or under conditions of labor prohibited
by the order is unlawful.
SEC. 1132. Section 1198.3 of the Labor
Code is amended to read:
1198.3. (a) The Chief of the Division of Labor Standards
Enforcement Labor Commissioner may, when in his
or her judgment hardship will result, exempt any employer or
employees from any mandatory day or days off requirement contained in
any order of the commission secretary
. Any exemption granted by the chief Labor
Commissioner pursuant to this section shall be only of
sufficient duration to permit the employer or employees to comply
with the requirements contained in the order of the
commission secretary , but not more than one
year. The exemption may be renewed by the chief
Labor Commissioner only after he or she has investigated
and is satisfied that a good faith effort is being made to comply
with the order of the commission secretary
.
(b) No employer shall discharge or in any other manner
discriminate against any employee who refuses to work hours in excess
of those permitted by the order of the commission
secretary .
SEC. 1133. Section 1198.4 of the Labor
Code is amended to read:
1198.4. Upon request, the Chief of the Division of Labor
Standards Enforcement Labor Commissioner shall
make available to the public any enforcement policy statements or
interpretations of orders of the Industrial Welfare
Commission agency . Copies of such
those policy statements shall be furnished to
the Industrial Welfare Commission agency
.
SEC. 1134. Section 1199 of the Labor
Code is amended to read:
1199. Every employer or other person acting either individually
or as an officer, agent, or employee of another person is guilty of a
misdemeanor and is punishable by a fine of not less than one hundred
dollars ($100) or by imprisonment for not less than 30 days, or by
both, who does any of the following:
(a) Requires or causes any employee to work for longer hours than
those fixed, or under conditions of labor prohibited by an order of
the commission agency .
(b) Pays or causes to be paid to any employee a wage less than
the minimum fixed by state law or by an order of the
commission agency .
(c) Violates or refuses or neglects to comply with any provision
of this chapter or any order or ruling of the commission
secretary .
SEC. 1135. Section 1200 of the Labor
Code is amended to read:
1200. In every prosecution for violation of any provision of this
chapter, the minimum wage, the maximum hours of work, and the
standard conditions of labor fixed by the commission
agency shall be presumed to be reasonable and
lawful.
SEC. 1136. Section 1201 of the Labor
Code is amended to read:
1201. The commission agency shall
not act as a board of arbitration during a strike or lockout.
SEC. 1137. Section 1202 of the Labor
Code is amended to read:
1202. Upon the request of the commission
secretary , the Division of Labor Statistics and Research shall
cause such the statistics and other
data and information to be gathered, and investigations made, as the
commission secretary may require. The
cost thereof shall be paid out of the appropriations made for the
expenses of the commission agency .
SEC. 1138. Section 1203 of the Labor
Code is amended to read:
1203. The commission agency may
publish and distribute from time to time reports and bulletins
covering its operations and proceedings under this chapter and
such other matters relative thereto which
that it deems advisable.
SEC. 1139. Section 1204 of the Labor
Code is amended to read:
1204. No order made by the commission
secretary under the provisions of Sections
Section 1182 or 1184 of this chapter
shall be effective unless and until compliance is had with
the provisions of Section 1178 of this code
.
SEC. 1140. Section 1391 of the Labor
Code is amended to read:
1391. (a) Except as provided in Sections 1297, 1298, and 1308.7:
(1) No employer shall employ a minor 15 years of age or younger
for more than eight hours in one day of 24 hours, or more than 40
hours in one week, or before 7 a.m. or after 7 p.m., except that from
June 1 through Labor Day, a minor 15 years of age or younger may be
employed for the hours authorized by this section until 9 p.m. in the
evening.
(2) Notwithstanding paragraph (1), while school is in session, no
employer shall employ a minor 14 or 15 years of age for more than
three hours in any schoolday, nor more than 18 hours in any week, nor
during school hours, except that a minor enrolled in and employed
pursuant to a school-supervised and school-administered work
experience and career exploration program may be employed for no more
than 23 hours, any portion of which may be during school hours.
(3) No employer shall employ a minor 16 or 17 years of age for
more than eight hours in one day of 24 hours or more than 48 hours in
one week, or before 5 a.m., or after 10 p.m. on any day preceding a
schoolday. However, a minor 16 or 17 years of age may be employed for
the hours authorized by this section during any evening preceding a
nonschoolday until 12:30 a.m. of the nonschoolday.
(4) Notwithstanding paragraph (3), while school is in session, no
employer shall employ a minor 16 or 17 years of age for more than
four hours in any schoolday, except as follows:
(A) The minor is employed in personal attendant occupations, as
defined in the Industrial Welfare Commission Minimum
agency Wage Order No. 15 (8 Cal. Code Regs. Sec.
11150), school-approved work experience, or cooperative vocational
education programs.
(B) The minor has been issued a permit to work pursuant to
subdivision (c) of Section 49112 of the Education Code and
is employed in accordance with the provisions of that permit.
(b) For purposes of this section, "schoolday" means any day in
which a minor is required to attend school for 240 minutes or more.
(c) Any person or the agent or officer thereof, or any parent or
guardian, who directly or indirectly violates or causes or suffers
the violation of this section is guilty of a misdemeanor punishable
by a fine of not less than one thousand dollars ($1,000) nor more
than five thousand dollars ($5,000), or imprisonment in the county
jail for not more than 60 days, or both. Any person who willfully
violates this section shall, upon conviction, be subject to a fine of
not more than ten thousand dollars ($10,000) or to imprisonment in
the county jail for not more than six months, or both. No person
shall be imprisoned under this section, except for an offense
committed after the conviction of that person for a prior offense
under this article.
(d) Nothing in this section shall apply to any minor employed to
deliver newspapers to consumers.
SEC. 1141. Section 1391.2 of the Labor
Code is amended to read:
1391.2. (a) Notwithstanding Sections 1391 and 1391.1, any minor
under 18 years of age who has been graduated from a high school
maintaining a four-year course above the eighth grade of the
elementary schools, or who has had an equal amount of education in a
private school or by private tuition, or who has been awarded a
certificate of proficiency pursuant to Section 48412 of the Education
Code, may be employed for the same hours as an adult may be employed
in performing the same work.
(b) Notwithstanding the provisions of the orders of the
Industrial Welfare Commission agency , no
employer shall pay any minor described in this section in his or
her employ at wage rates less than the rates paid to adult
employees in the same establishment for the same quantity and quality
of the same classification of work ; provided, however,
that nothing herein . Nothing in this section
shall prohibit a variation of rates of pay for such minors and adult
employees engaged in the same classification of work based upon a
difference in seniority, length of service, ability, skill,
difference in duties or services performed, whether regularly or
occasionally, difference in the shift or time of day worked, hours of
work, or other reasonable differentiation, when exercised in good
faith.
SEC. 1142. Section 1400 of the Labor
Code is amended to read:
1400. The definitions set forth in this section shall govern the
construction and meaning of the terms used in this chapter:
(a) "Covered establishment" means any industrial or commercial
facility or part thereof that employs, or has employed within the
preceding 12 months, 75 or more persons.
(b) "Employer" means any person, as defined by Section 18, who
directly or indirectly owns and operates a covered establishment. A
parent corporation is an employer as to any covered establishment
directly owned and operated by its corporate subsidiary.
(c) "Layoff" means a separation from a position for lack of funds
or lack of work.
(d) "Mass layoff" means a layoff during any 30-day period of 50 or
more employees at a covered establishment.
(e) "Relocation" means the removal of all or substantially all of
the industrial or commercial operations in a covered establishment to
a different location 100 miles or more away.
(f) "Termination" means the cessation or substantial cessation of
industrial or commercial operations in a covered establishment.
(g) (1) This chapter does not apply where the closing or layoff is
the result of the completion of a particular project or undertaking
of an employer subject to Wage Order 11, regulating the Broadcasting
Industry, Wage Order 12, regulating the Motion Picture Industry, or
Wage Order 16, regulating Certain On-Site Occupations in the
Construction, Drilling, Logging and Mining Industries, of the
Industrial Welfare Commission agency ,
and the employees were hired with the understanding that their
employment was limited to the duration of that project or
undertaking.
(2) This chapter does not apply to employees who are employed in
seasonal employment where the employees were hired with the
understanding that their employment was seasonal and temporary.
(h) "Employee" means a person employed by an employer for at least
6 months of the 12 months preceding the date on which notice is
required.
SEC. 1143. Section 1684 of the Labor
Code is amended to read:
1684. (a) The Labor Commissioner shall not issue to any person a
license to act as a farm labor contractor, nor shall the Labor
Commissioner renew that license, until all of the following
conditions are satisfied:
(1) The person has executed a written application in a form
prescribed by the Labor Commissioner, subscribed and sworn to by the
person, and containing all of the following:
(A) A statement by the person of all facts required by the Labor
Commissioner concerning the applicant's character, competency,
responsibility, and the manner and method by which the person
proposes to conduct operations as a farm labor contractor if the
license is issued.
(B) The names and addresses of all persons, except bona fide
employees on stated salaries, financially interested, either as
partners, associates, or profit sharers, in the proposed operation as
a farm labor contractor, together with the amount of their
respective interests.
(C) A declaration consenting to the designation by a court of the
Labor Commissioner as an agent available to accept service of summons
in any action against the licensee if the licensee has left the
jurisdiction in which the action is commenced or otherwise has become
unavailable to accept service.
(2) The Labor Commissioner, after investigation, is satisfied as
to the character, competency, and responsibility of the person.
(3) The person has deposited with the Labor Commissioner a surety
bond in an amount based on the size of the person's annual payroll
for all employees, as follows:
(A) For payrolls up to five hundred thousand dollars ($500,000), a
twenty-five thousand dollar ($25,000) bond.
(B) For payrolls of five hundred thousand dollars ($500,000) to
two million dollars ($2,000,000), a fifty thousand dollar ($50,000)
bond.
(C) For payrolls greater than two million dollars ($2,000,000), a
seventy-five thousand dollar ($75,000) bond.
Where the contractor has been the subject of a final judgment in a
year in an amount equal to that of the bond required, he or she
shall be required to deposit an additional bond within 60 days. The
bond shall be payable to the people of the State of California and
shall be conditioned that the farm labor contractor will comply with
all the terms and provisions of this chapter and will pay all damages
occasioned to any person by failure to do so, or by any violation of
this chapter, or false statements or misrepresentations made in the
procurement of the license. The bond shall also be payable for
interest on wages and for any damages arising from violation of
orders of the Industrial Welfare Commission
agency , and for any other monetary relief awarded to an
agricultural worker as a result of a violation of this code.
(4) The person has paid to the Labor Commissioner a license fee of
five hundred dollars ($500) plus a filing fee of ten dollars ($10).
However, where a timely application for renewal is filed, the ten
dollar ($10) filing fee is not required. The Labor Commissioner shall
deposit one hundred fifty dollars ($150) of each licensee's annual
license fee into the Farmworker Remedial Account. Funds from this
account shall be disbursed by the Labor Commissioner only to persons
determined by the Labor Commissioner to have been damaged by any
licensee when the damage exceeds the limits of the licensee's bond,
or to persons determined by the Labor Commissioner to have been
damaged by an unlicensed farm labor contractor. In making these
determinations, the Labor Commissioner shall disburse funds from the
Farmworker Remedial Account to satisfy claims against farm labor
contractors or unlicensed farm labor contractors, which shall also
include interest on wages and any damages arising from the violation
of orders of the Industrial Welfare Commission
agency , and for any other monetary relief awarded to an
agricultural worker as a result of a violation of this code. The
Labor Commissioner may disburse funds from the Farmworker Remedial
Account to farm labor contractors, for payment of farmworkers, where
a contractor is unable to pay farmworkers due to the failure of a
grower or packer to pay the contractor. Any disbursed funds
subsequently recovered by the Labor Commissioner pursuant to Section
1693, or otherwise, shall be returned to the Farmworker Remedial
Account.
(5) The person has taken a written examination that demonstrates
an essential degree of knowledge of the current laws and
administrative regulations concerning farm labor contractors as the
Labor Commissioner deems necessary for the safety and protection of
farmers, farmworkers, and the public. To successfully complete the
examinations, the person must correctly answer at least 85 percent of
the questions posed. The examination period shall not exceed four
hours. The examination may only be taken a maximum of three times in
a calendar year. The examinations shall include a demonstration of
knowledge of the current laws and regulations regarding wages, hours,
and working conditions, penalties, employee housing and
transportation, collective bargaining, field sanitation, and safe
work practices related to pesticide use,
including all of the following subjects:
(A) Field reentry regulations.
(B) Worker pesticide safety training.
(C) Employer responsibility for safe working conditions.
(D) Symptoms and appropriate treatment of pesticide poisoning.
(6) The person has registered as a farm labor contractor pursuant
to the federal Migrant and Seasonal Agricultural Worker Protection
Act (29 U.S.C. 1801 et seq.), when registration is required pursuant
to federal law.
(b) (1) The Labor Commissioner shall consult with the Director of
Pesticide Regulation, the Department of the California Highway
Patrol, the Department of Housing and Community Development, the
Employment Development Department, the Department of Food and
Agriculture, the Department of Motor Vehicles, and the Division of
Occupational Safety and Health in preparing the examination required
by paragraph (5) of subdivision (a) and the appropriate educational
materials pertaining to the matters included in the examination, and
may charge a fee of not more than one hundred dollars ($100) to cover
the cost of administration of the examination.
(2) In addition, the person must enroll and participate in at
least eight hours of relevant, educational classes each year. The
classes shall be chosen from a list of approved classes prepared by
the Labor Commissioner, in consultation with the persons and entities
listed in paragraph (1) and county agricultural commissioners.
(c) The Labor Commissioner may renew a license without requiring
the applicant for renewal to take the examination specified in
paragraph (5) of subdivision (a) if the Labor Commissioner finds that
the applicant meets all of the following criteria:
(1) Has satisfactorily completed the examination during the
immediately preceding two years.
(2) Has not during the preceding year been found to be in
violation of any applicable laws or regulations including, but not
limited to, Division 7 (commencing with Section 12501)
12500) of the Food and Agricultural Code, Part 1
(commencing with Section 17000) of Division 13 of the Health and
Safety Code, Division 2 (commencing with Section 200), Division 4
(commencing with Section 3200), and Division 5 (commencing with
Section 6300) of this code, and Chapter 1 (commencing with Section
12500) of Division 6 of the Vehicle Code.
(3) Has, for each year since the license was obtained, enrolled
and participated in at least eight hours of relevant, educational
classes, chosen from a list of approved classes prepared by the Labor
Commissioner.
(4) Has complied with all other requirements of this section.
SEC. 1144. Section 2695.2 of the Labor
Code is amended to read:
2695.2. (a) (1) For a sheepherder employed on a regularly
scheduled 24-hour shift on a seven-day-a-week "on-call" basis, an
employer may, as an alternative to paying the minimum wage for all
hours worked, instead pay no less than the monthly minimum wage
adopted by the former Industrial Welfare Commission on
April 24, 2001. Any sheepherder who performs nonsheepherding,
nonagricultural work on any workday shall be fully covered for that
workweek by the provisions of any applicable laws or regulations
relating to that work.
(2) After July 1, 2002, the amount of the monthly minimum wage
permitted under paragraph (1) shall be increased each time that the
state minimum wage is increased and shall become effective on the
same date as any increase in the state minimum wage. The amount of
the increase shall be determined by calculating the percentage
increase of the new rate over the previous rate, and then by applying
the same percentage increase to the minimum monthly wage rate.
(b) (1) When tools or equipment are required by the employer or
are necessary to the performance of a job, the tools and equipment
shall be provided and maintained by the employer, except that a
sheepherder whose wages are at least two times the minimum wage
provided herein, or if paid on a monthly basis, at least two times
the monthly minimum wage, may be required to provide and maintain
handtools and equipment customarily required by the trade or craft.
(2) A reasonable deposit may be required as security for the
return of the items furnished by the employer under provisions of
paragraph (1) upon issuance of a receipt to the sheepherder for the
deposit. The deposits shall be made pursuant to Article 2 (commencing
with Section 400) of Chapter 3 of Part 1 . Alternatively,
with the prior written authorization of the sheepherder, an employer
may deduct from the sheepherder's last check the cost of any item
furnished pursuant to paragraph (1) when the item is not returned. No
deduction shall be made at any time for normal wear and tear. All
items furnished by the employer shall be returned by the sheepherder
upon completion of the job.
(c) No employer of sheepherders shall employ a sheepherder for a
work period of more than five hours without a meal period of no less
than 30 minutes, except that when a work period of not more than six
hours will complete a day's work, the meal period may be waived by
the mutual consent of the employer and the sheepherder. An employer
may be relieved of this obligation if a meal period of 30 minutes
cannot reasonably be provided because no one is available to relieve
a sheepherder tending flock alone on that day. Where a meal period of
30 minutes can be provided but not without interruption, a
sheepherder shall be allowed to complete the meal period during that
day.
(d) To the extent practicable, every employer shall authorize and
permit all sheepherders to take rest periods. The rest period,
insofar as is practicable, shall be in the middle of each work
period. The authorized rest times shall be based on the total hours
worked daily at the rate of 10 minutes of net rest time
per four hours, or major fraction thereof, of work. However, a rest
period need not be authorized for sheepherders whose total daily
worktime is less than three and one-half hours.
(e) When the nature of the work reasonably permits the use of
seats, suitable seats shall be provided for sheepherders working on
or at a machine.
(f) After January 1, 2003, during times when a sheepherder is
lodged in mobile housing units where it is feasible to provide
lodging that meets the minimum standards established by this section
because there is practicable access for mobile housing units, the
lodging provided shall include at a minimum all of the following:
(1) Toilets and bathing facilities, which may include portable
toilets and portable shower facilities.
(2) Heating.
(3) Inside lighting.
(4) Potable hot and cold water.
(5) Adequate cooking facilities and utensils.
(6) A working refrigerator, which may include a butane or propane
gas refrigerator, or for no more than a one-week period during which
a nonworking refrigerator is repaired or replaced, a means of
refrigerating perishable food items, which may include ice chests,
provided that ice is delivered to the sheepherder, as needed, to
maintain a continuous temperature required to retard spoilage and
ensure food safety.
(g) After January 1, 2003, all sheepherders shall be provided with
all of the following at each worksite:
(1) Regular mail service.
(2) A means of communication through telephone or radio solely for
use in a medical emergency affecting the sheepherder or for an
emergency relating to the herding operation. If the means of
communication is provided by telephone, the sheepherder may be
charged for the actual cost of nonemergency telephone use. Nothing in
this subdivision shall preclude an employer from providing
additional means of communication to the sheepherder which are
appropriate because telephones or radios are out of range or
otherwise inoperable.
(3) Visitor access to the housing.
(4) Upon request and to the extent practicable, access to
transportation to and from the nearest locale where shopping,
medical, or cultural facilities and services are available on a
weekly basis.
(h) In addition to any other civil penalties provided by law, any
employer or any other person acting on behalf of the employer who
violates or causes to be violated the provisions of this section
shall be subject to a civil penalty, as follows:
(1) For the initial violation, fifty dollars ($50) for each
underpaid employee for each pay period during which the employee was
underpaid, plus an amount sufficient to recover the unpaid wages.
(2) For any subsequent violation, one hundred dollars ($100) for
each underpaid employee for each pay period during which the employee
was underpaid, plus an amount sufficient to recover the unpaid
wages.
(3) The affected employee shall receive payment of all wages
recovered.
(i) If the application of any provision of any subdivision,
sentence, clause, phrase, word, or portion of this legislation is
held invalid, unconstitutional, unauthorized, or prohibited by
statute, the remaining provisions thereof shall not be affected and
shall continue to be given full force and effect as if the part held
invalid or unconstitutional had not been included.
(j) Every employer of sheepherders shall post a copy of this part
in an area frequented by sheepherders where it may be easily read
during the workday. Where the location of work or other conditions
make posting impractical, every employer shall make a copy of this
part available to sheepherders upon request. Copies of this part
shall be posted and made available in a language understood by the
sheepherder. An employer is deemed to have complied with this
subdivision if he or she posts where practical, or makes available
upon request where posting is impractical, a copy of the
Industrial Welfare Commission Order Number
14-2001 of the former Industrial Welfare Commission , as
adopted on April 24, 2001, relating to sheepherders, provided that
the posted material includes a sufficient summary of each of the
provisions of this part.
SEC. 1145. Section 3205.5 of the Labor
Code is amended to read:
3205.5. "Appeals board" means the Workers' Compensation
Employment and Benefits Appeals Board of
the Division of Workers' Compensation .
SEC. 1146. Section 3550 of the Labor
Code is amended to read:
3550. (a) Every employer subject to the compensation provisions
of this division shall post and keep posted in a conspicuous location
frequented by employees, and where the notice may be easily read by
employees during the hours of the workday, a notice that states the
name of the current compensation insurance carrier of the employer,
or when such is the fact, that the employer is self-insured, and who
is responsible for claims adjustment.
(b) Failure to keep any notice required by this section
conspicuously posted shall constitute a misdemeanor, and shall be
prima facie evidence of noninsurance.
(c) This section shall not apply with respect to the employment of
employees as defined in subdivision (d) of Section 3351.
(d) The form and content of the notice required by this section
shall be prescribed by the administrative director, after
consultation with the Commission on Health and Safety and
Workers' Compensation Labor and Work force
Development Agency , and shall advise employees that
all injuries should be reported to their employer. The notice shall
be easily understandable. It shall be posted in both English and
Spanish where there are Spanish-speaking employees. The notice shall
include the following information:
(1) How to get emergency medical treatment, if needed.
(2) The kinds of events, injuries, and illnesses covered by
workers' compensation.
(3) The injured employee's right to receive medical care.
(4) The rights of the employee to select and change the treating
physician pursuant to the provisions of Section 4600.
(5) The rights of the employee to receive temporary disability
indemnity, permanent disability indemnity, vocational rehabilitation
services, and death benefits, as appropriate.
(6) To whom injuries should be reported.
(7) The existence of time limits for the employer to be notified
of an occupational injury.
(8) The protections against discrimination provided pursuant to
Section 132a.
(9) The location and telephone number of the nearest information
and assistance officer.
(e) Failure of an employer to provide the notice required by this
section shall automatically permit the employee to be treated by his
or her personal physician with respect to an injury occurring during
that failure.
(f) The form and content of the notice required to be posted by
this section shall be made available to self-insured employers and
insurers by the administrative director. Insurers shall provide this
notice to each of their policyholders, with advice concerning the
requirements of this section and the penalties for a failure to post
this notice.
SEC. 1147. Section 3551 of the Labor
Code is amended to read:
3551. (a) Every employer subject to the compensation provisions
of this code, except employers of employees defined in subdivision
(d) of Section 3351, shall give every new employee, either at the
time the employee is hired or by the end of the first pay period,
written notice of the information contained in Section 3550. The
content of the notice required by this section shall be prescribed by
the administrative director after consultation with the
Commission on Health and Safety and Workers' Compensation
Labor and Work force
Development Agency .
(b) The notice required by this section shall be easily
understandable and available in both English and Spanish. In addition
to the information contained in Section 3550, the content of the
notice required by this section shall include:
(1) Generally, how to obtain appropriate medical care for a job
injury.
(2) The role and function of the primary treating physician.
(3) A form that the employee may use as an optional method for
notifying the employer of the name of the employee's "personal
physician," as defined by Section 4600, or "personal chiropractor,"
as defined by Section 4601.
(c) The content of the notice required by this section shall be
made available to employers and insurers by the administrative
director. Insurers shall provide this notice to each of their
policyholders, with advice concerning the requirements of this
section and the penalties for a failure to provide this notice to all
employees.
SEC. 1148. Section 4651 of the Labor
Code is amended to read:
4651. (a) No disability indemnity payment shall be made by any
written instrument unless it is immediately negotiable and payable in
cash, on demand, without discount at some established place of
business in the state.
Nothing in this section shall prohibit an employer from depositing
the disability indemnity payment in an account in any bank, savings
and loan association or credit union of the employee's choice in this
state, provided the employee has voluntarily authorized the deposit,
nor shall it prohibit an employer from electronically depositing the
disability indemnity payment in an account in any bank, savings and
loan association, or credit union, that the employee has previously
authorized to receive electronic deposits of payroll, unless the
employee has requested, in writing, that disability indemnity
benefits not be electronically deposited in the account.
(b) It is not a violation of this section if a delay in the
negotiation of a written instrument is caused solely by the
application of state or federal banking laws or regulations.
(c) On or before July 1, 2004, the administrative director shall
present to the Governor recommendations on how to provide better
access to funds paid to injured workers in light of the requirements
of federal and state laws and regulations governing the negotiability
of disability indemnity payments. The administrative director shall
make specific recommendations regarding payments to migratory and
seasonal farmworkers. The Commission on Health and Safety
and Workers' Compensation Labor and Work
force Development Agency and the Employment
Development Department shall assist the administrative director in
the completion of this report.
SEC. 1149. Section 4709 of the Labor
Code is amended to read:
4709. (a) Notwithstanding any other provisions of law, a
dependent of a peace officer, as defined in Section 830.1, 830.2,
830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37,
830.38, 830.39, 830.4, 830.5, or 830.6 of the Penal Code, who is
killed in the performance of duty or who dies or is totally disabled
as a result of an accident or an injury caused by external violence
or physical force, incurred in the performance of duty, when the
death, accident, or injury is compensable under this division or
Division 4.5 (commencing with Section 6100) shall be entitled to a
scholarship at any institution described in subdivision () of Section
69535 of the Education Code. The scholarship shall be in an amount
equal to the amount provided a student who has been awarded a Cal
Grant scholarship as specified in Article 3 (commencing with Section
69530) of Chapter 2 of Part 42 of the Education Code.
(b) A dependent of an officer or employee of the Department of
Corrections or the Department of the Youth Authority
described in Section 20017.77 of the Government Code
and Rehabilitation who is killed in the performance of duty, or
who dies or is totally disabled as a result of an accident or an
injury incurred in the performance of duty, when the death, accident,
or injury is caused by the direct action of an inmate, and is
compensable under this division or Division 4.5 (commencing with
Section 6100), shall also be entitled to a scholarship specified in
this section.
(c) Notwithstanding any other provisions of law, a dependent of a
firefighter employed by a county, city, city and county, district, or
other political subdivision of the state, who is killed in the
performance of duty or who dies or is totally disabled as a result of
an accident or injury incurred in the performance of duty, when the
death, accident, or injury is compensable under this division or
Division 4.5 (commencing with Section 6100), shall also be entitled
to a scholarship specified in this section.
(d) Nothing in this section shall be interpreted to allow the
admittance of the dependent into a college or university unless the
dependent is otherwise qualified to gain admittance to the college or
university.
(e) The scholarship provided for by this section shall be paid out
of funds annually appropriated in the Budget Act to the
Student Aid Commission established by Article 2 (commencing with
Section 69510) of Chapter 2 of Part 42 of the Education Code
Office of Higher Education and Financial Aid .
(f) The receipt of a scholarship provided for by this section
shall not preclude a dependent from receiving a Cal Grant award
pursuant to Article 3 (commencing with Section 69530) of Chapter 2 of
Part 42 of the Education Code, any other grant, or any fee waivers
that may be provided by an institution of higher education. The
receipt of a Cal Grant award pursuant to Article 3 (commencing with
Section 69530) of Chapter 2 of Part 42 of the Education Code, any
other grant, or any fee waivers that may be provided by an
institution of higher education shall not preclude a dependent from
receiving a scholarship provided for by this section.
(g) The amendments made to this section during the 1995 portion of
the 1995-96 Regular Session shall apply to a student receiving a
scholarship on the effective date of the amendments unless that
application would result in the student receiving a scholarship on
less favorable terms or in a lesser amount, in which case the student
shall continue to receive the scholarship on the same terms and
conditions in effect prior to the effective date of the amendments.
(h) As used in this section, "dependent" means the children
(natural or adopted) or spouse, at the time of the death or injury,
of the peace officer, law enforcement officer, or firefighter.
(i) Eligibility for a scholarship under this section shall be
limited to a person who demonstrates financial need as determined by
the Student Aid Commission Office of Higher
Education and Financial Aid pursuant to Article 1.5 (commencing
with Section 69503) of Chapter 2 of Part 42 of the Education Code.
For purposes of determining financial need, the proceeds of death
benefits received by the dependent, including, but not limited to, a
continuation of income received from the Public Employees' Retirement
System, the proceeds from the federal Public Safety Officers'
Benefits Act, life insurance policies, proceeds from Sections 4702
and 4703.5, any private scholarship where receipt is predicated upon
the recipient being the survivor of a deceased public safety officer,
the scholarship awarded pursuant to Section 68120 of the Education
Code, and any interest received from these benefits, shall not be
considered.
SEC. 1150. Section 4728 of the Labor
Code is amended to read:
4728. (a) A dependent of an elected public official, who was
intentionally killed while holding office, in retaliation for, or to
prevent the performance of, an official duty, shall be entitled to a
scholarship at any institution described in subdivision (k) of
Section 69535 of the Education Code. The scholarship shall be in an
amount equal to the amount provided a student who has been awarded a
Cal Grant scholarship as specified in Article 3 (commencing with
Section 69530) of Chapter 2 of Part 42 of the Education Code.
Eligibility for a scholarship under this section shall be limited to
a person who demonstrates financial need as determined by the
Student Aid Commission Office of Higher
Education and Financial Aid pursuant to Article 1.5 (commencing
with Section 69503) of Chapter 2 of Part 42 of the Education Code.
(b) The scholarship provided for by this section shall be paid out
of funds annually appropriated in the Budget Act to the
Student Aid Commission Office of Higher Education and
Financial Aid established by Article 2 (commencing with Section
69510) of Chapter 2 of Part 42 of the Education Code.
(c) The receipt of a scholarship provided for by this section
shall not preclude a dependent from receiving a Cal Grant award
pursuant to Article 3 (commencing with Section 69530) of Chapter 2 of
Part 42 of the Education Code, any other grant, or any fee waivers
that may be provided by an institution of higher education. The
receipt of a Cal Grant award pursuant to Article 3 (commencing with
Section 69530) of Chapter 2 of Part 42 of the Education Code, any
other grant, or any fee waivers that may be provided by an
institution of higher education shall not preclude a dependent from
receiving a scholarship provided for by this section.
(d) This section shall apply to a student receiving a scholarship
on the effective date of the section unless that application would
result in the student receiving a scholarship on less favorable terms
or in a lesser amount, in which case the student shall continue to
receive the scholarship on the same terms and conditions in effect
prior to the effective date of this section.
(e) As used in this section, "dependent" means the children
(natural or adopted) or spouse, at the time of the death or injury,
of the elected public official.
SEC. 1151. Section 5307.27 of the Labor
Code is amended to read:
5307.27. On or before December 1, 2004, the administrative
director, in consultation with the Commission on Health and
Safety and Workers' Compensation Labor and
Work force Development Agency , shall
adopt, after public hearings, a medical treatment utilization
schedule, that shall incorporate the evidence-based, peer-reviewed,
nationally recognized standards of care recommended by the
commission agency pursuant to Section 77.5, and
that shall address, at a minimum, the frequency, duration, intensity,
and appropriateness of all treatment procedures and modalities
commonly performed in workers' compensation cases.
SEC. 1152. Section 5401 of the Labor
Code is amended to read:
5401. (a) Within one working day of receiving notice or knowledge
of injury under Section 5400 or 5402, which injury results in lost
time beyond the employee's work shift at the time of injury or which
results in medical treatment beyond first aid, the employer shall
provide, personally or by first-class mail, a claim form and a notice
of potential eligibility for benefits under this division to the
injured employee, or in the case of death, to his or her dependents.
As used in this subdivision, "first aid" means any one-time
treatment, and any followup visit for the purpose of observation of
minor scratches, cuts, burns, splinters, or other minor industrial
injury, which do not ordinarily require medical care. This one-time
treatment, and followup visit for the purpose of observation, is
considered first aid even though provided by a physician or
registered professional personnel. "Minor industrial injury" shall
not include serious exposure to a hazardous substance as defined in
subdivision (i) of Section 6302. The claim form shall request the
injured employee's name and address, social security number, the time
and address where the injury occurred, and the nature of and part of
the body affected by the injury. Claim forms shall be available at
district offices of the Employment Development Department and the
division. Claim forms may be made available to the employee from any
other source.
(b) Insofar as practicable, the notice of potential eligibility
for benefits required by this section and the claim form shall be a
single document and shall instruct the injured employee to fully read
the notice of potential eligibility. The form and content of the
notice and claim form shall be prescribed by the administrative
director after consultation with the Commission on Health
and Safety and Workers' Compensation Labor and Work
force Development Agency . The notice
shall be easily understandable and available in both English and
Spanish. The content shall include, but not be limited to, the
following:
(1) The procedure to be used to commence proceedings for the
collection of compensation for the purposes of this chapter.
(2) A description
of the different types of workers' compensation benefits.
(3) What happens to the claim form after it is filed.
(4) From whom the employee can obtain medical care for the injury.
(5) The role and function of the primary treating physician.
(6) The rights of an employee to select and change the treating
physician pursuant to subdivision (e) of Section 3550 and Section
4600.
(7) How to get medical care while the claim is pending.
(8) The protections against discrimination provided pursuant to
Section 132a.
(9) The following written statements:
(A) You have a right to disagree with decisions affecting your
claim.
(B) You can obtain free information from an information and
assistance officer of the state Division of Workers' Compensation, or
you can hear recorded information and a list of local offices by
calling (applicable information and assistance telephone number(s)).
(C) You can consult an attorney. Most attorneys offer one free
consultation. If you decide to hire an attorney, his or her fee will
be taken out of some of your benefits. For names of workers'
compensation attorneys, call the State Bar of California at
(telephone number of the State Bar of California's legal
specialization program, or its equivalent).
(c) The completed claim form shall be filed with the employer by
the injured employee, or, in the case of death, by a dependent of the
injured employee, or by an agent of the employee or dependent.
Except as provided in subdivision (d), a claim form is deemed filed
when it is personally delivered to the employer or received by the
employer by first-class or certified mail. A dated copy of the
completed form shall be provided by the employer to the employer's
insurer and to the employee, dependent, or agent who filed the claim
form.
(d) The claim form shall be filed with the employer prior to the
injured employee's entitlement to late payment supplements under
subdivision (d) of Section 4650, or prior to the injured employee's
request for a medical evaluation under Section 4060, 4061, or 4062.
Filing of the claim form with the employer shall toll, for injuries
occurring on or after January 1, 1994, the time limitations set forth
in Sections 5405 and 5406 until the claim is denied by the employer
or the injury becomes presumptively compensable pursuant to Section
5402. For purposes of this subdivision, a claim form is deemed filed
when it is personally delivered to the employer or mailed to the
employer by first-class or certified mail.
SEC. 1153. Section 6101 of the Labor
Code is amended to read:
6101. Unless the context otherwise requires, as used in this
division:
(a) "State agency" means any agency, department, division,
commission, board, bureau, officer, or other authority of the State
of California.
(b) "Fund" means State Compensation Insurance Fund.
(c) "Appeals board" means the Workers' Compensation
Employment and Benefits Appeals Board.
SEC. 1154. Section 6354.7 of the Labor
Code , as added by Section 84 of Chapter 6 of the Statutes
of 2002, is amended to read:
6354.7. (a) The Workers' Occupational Safety and Health Education
Fund is hereby created as a special account in the State Treasury.
Proceeds of the fund may be expended, upon appropriation by the
Legislature, by the Commission on Health and Safety and
Workers' Compensation Labor and Workforce Development
Agency for the purpose of establishing and maintaining a worker
occupational safety and health training and education program and
insurance loss control services coordinator. The director shall levy
and collect fees to fund these purposes from insurers subject to
Section 6354.5. However, the fee assessed against any insurer shall
not exceed the greater of one hundred dollars ($100) or 0.0286
percent of paid workers' compensation indemnity claims as reported
for the previous calendar year to the designated rating organization
for the analysis required under subdivision (b) of Section 11759.1 of
the Insurance Code. All fees shall be deposited in the fund.
(b) The commission agency shall
establish and maintain a worker safety and health training and
education program. The purpose of the worker occupational safety and
health training and education program shall be to promote awareness
of the need for prevention education programs, to develop and provide
injury and illness prevention education programs for employees and
their representatives, and to deliver those awareness and training
programs through a network of providers throughout the state. The
commission agency may conduct the
program directly or by means of contracts or interagency agreements.
(c) The commission agency shall
establish an employer and worker advisory board for the program. The
advisory board shall guide the development of curricula, teaching
methods, and specific course material about occupational safety and
health, and shall assist in providing links to the target audience
and broadening the partnerships with worker-based organizations,
labor studies programs, and others that are able to reach the target
audience.
(d) The program shall include the development and provision of a
needed core curriculum addressing competencies for effective
participation in workplace injury and illness prevention programs and
on joint labor-management health and safety committees. The core
curriculum shall include an overview of the requirements related to
injury and illness prevention programs and hazard communication.
(e) The program shall include the development and provision of
additional training programs for any or all of the following
categories:
(1) Industries on the high hazard list.
(2) Hazards that result in significant worker injuries, illnesses,
or compensation costs.
(3) Industries or trades where workers are experiencing numerous
or significant injuries or illnesses.
(4) Occupational groups with special needs, such as those who do
not speak English as their first language, workers with limited
literacy, young workers, and other traditionally underserved
industries or groups of workers. Priority shall be given to training
workers who are able to train other workers and workers who have
significant health and safety responsibilities, such as those workers
serving on a health and safety committee or serving as designated
safety representatives.
(f) The program shall operate one or more libraries and
distribution systems of occupational safety and health training
material, which shall include, but not be limited to, all material
developed by the program pursuant to this section.
(g) The advisory board shall annually prepare a written report
evaluating the use and impact of programs developed.
(h) The payment of administrative costs incurred by the
commission agency in conducting the program
shall be made from the Workers' Occupational Safety and Health
Education Fund.
SEC. 1155. Section 6354.7 of the Labor
Code , as added by Section 15 of Chapter 866 of the
Statutes of 2002, is amended to read:
6354.7. (a) The Workers' Occupational Safety and Health Education
Fund is hereby created as a special account in the State Treasury.
Proceeds of the fund may be expended, upon appropriation by the
Legislature, by the Commission on Health and Safety and
Workers' Compensation Labor and Workforce Development
Agency for the purpose of establishing and maintaining a worker
occupational safety and health training and education program and an
insurance loss control services coordinator. The director shall levy
and collect fees to fund these purposes from insurers subject to
Section 6354.5. However, the fee assessed against any insurer shall
not exceed the greater of one hundred dollars ($100) or 0.0286
percent of paid workers' compensation indemnity amounts for claims as
reported for the previous calendar year to the designated rating
organization for the analysis required under subdivisions (b) and (c)
of Section 11759.1 of the Insurance Code. All fees shall be
deposited in the fund.
(b) The commission agency shall
establish and maintain a worker safety and health training and
education program. The purpose of the worker occupational safety and
health training and education program shall be to promote awareness
of the need for prevention education programs, to develop and provide
injury and illness prevention education programs for employees and
their representatives, and to deliver those awareness and training
programs through a network of providers throughout the state. The
commission may conduct the program directly or by means of contracts
or interagency agreements.
(c) The commission agency shall
establish an employer and worker advisory board for the program. The
advisory board shall guide the development of curricula, teaching
methods, and specific course material about occupational safety and
health, and shall assist in providing links to the target audience
and broadening the partnerships with worker-based organizations,
labor studies programs, and others that are able to reach the target
audience.
(d) The program shall include the development and provision of a
needed core curriculum addressing competencies for effective
participation in workplace injury and illness prevention programs and
on joint labor-management health and safety committees. The core
curriculum shall include an overview of the requirements related to
injury and illness prevention programs and hazard communication.
(e) The program shall include the development and provision of
additional training programs for any or all of the following
categories:
(1) Industries on the high hazard list.
(2) Hazards that result in significant worker injuries, illnesses,
or compensation costs.
(3) Industries or trades in which workers are experiencing
numerous or significant injuries or illnesses.
(4) Occupational groups with special needs, such as those who do
not speak English as their first language, workers with limited
literacy, young workers, and other traditionally underserved
industries or groups of workers. Priority shall be given to training
workers who are able to train other workers and workers who have
significant health and safety responsibilities, such as those workers
serving on a health and safety committee or serving as designated
safety representatives.
(f) The program shall operate one or more libraries and
distribution systems of occupational safety and health training
material, which shall include, but not be limited to, all material
developed by the program pursuant to this section.
(g) The advisory board shall annually prepare a written report
evaluating the use and impact of programs developed.
(h) The payment of administrative costs incurred by the
commission agency in conducting the program
shall be made from the Workers' Occupational Safety and Health
Education Fund.
SEC. 1156. Section 6359 of the Labor
Code is amended to read:
6359. (a) The Legislature finds and declares the following:
(1) Every year 70 adolescents die from work injuries in the United
States and 200,000 are injured, 70,000 seriously enough to require
hospital treatment. Most of these injuries are preventable.
(2) A recent report by the Institute of Medicine and the National
Research Council has brought national attention to the need for
better education and interventions to aid injury and illness
prevention efforts aimed at young workers.
(3) Since 1996, the California Study Group on Young Workers'
Health and Safety, consisting of 30 representatives from key agencies
and organizations involved with California youth employment and
education issues, including representatives from government agencies,
business, labor, parent and teacher organizations, and others, has
met to develop recommendations to better protect and educate
California's young workers.
(4) The study group recommended the establishment of a Resource
Network on Young Workers' Health and Safety, to assist in increasing
the ability of young workers and their communities to identify and
address workplace hazards in order to prevent young workers from
becoming injured or ill on the job.
(b) It is the intent of the Legislature that the Department of
Industrial Relations, the University of California, the State
Department of Education, the State Department of Health Services, and
the Employment Development Department cooperatively and individually
conduct activities aimed at the prevention of occupational injuries
and illnesses among young workers.
(c) The Department of Industrial Relations shall contract with a
coordinator to establish a statewide young worker health and safety
resource network. The primary function of the resource network shall
be to assist in increasing the ability of young workers and their
communities statewide to identify and address workplace hazards in
order to prevent young workers from becoming injured or ill on the
job. The network shall coordinate and augment existing outreach and
education efforts and provide technical assistance, education
materials and other support to schools, job training programs,
employers and other organizations working to educate students and
their communities about workplace health and safety and child labor
laws.
(d) The resource network shall provide, and the lead center shall
coordinate, services to all key groups throughout the state involved
in education and protecting young workers, including, but not limited
to:
(1) Teachers.
(2) Schools.
(3) Job training programs.
(4) Employers of youth.
(5) Parent groups.
(6) Youth organizations.
(7) Work permit issuers.
(e) The resource network shall be advised by a statewide advisory
group, including, but not limited to, representatives from the
Department of Industrial Relations, the Commission on Health
and Safety and Worker's Compensation, Labor and
Workforce Development Agency, the University of California, the
State Department of Education, the Department of Health Services,
and the Employment Development Department, as well as business,
labor, parents, and others experienced in working with youth doing
agricultural and nonagricultural work. The advisory group shall
represent diverse geographic regions of the state.
(f) This section shall be implemented subject to the availability
of funding for the purposes of this section in the 2000-01 Budget
Act.
SEC. 1157. Section 87 is added to the
Military and Veterans Code , to read:
87. (a) The Department of Veterans Affairs succeeds to, and is
vested with, all the powers, duties, responsibilities, obligations,
liabilities, and jurisdiction of the Governor's Commission on State
Veterans Cemeteries, which is hereby abolished.
(b) All regulations and orders adopted by the Governor's
Commission on State Veterans Cemeteries and any of its predecessors
that are in effect immediately preceding the effective date of this
section shall remain in effect and shall be fully enforceable unless
and until readopted, amended, or repealed, or until they expire by
their own terms. Any reference in statute, regulation, or order to
the Governor's Commission on State Veterans Cemeteries or any of its
predecessors shall be deemed to refer to the Department of Veterans
Affairs. Any action by or against the Governor's Commission on State
Veterans Cemeteries or any of its predecessors shall not abate but
shall continue in the name of the Department of Veterans Affairs, and
the Department of Veterans Affairs shall be substituted for the
Governor's Commission on State Veterans Cemeteries and any of its
predecessors by the court wherein the action is pending. The
substitution shall not in any way affect the rights of the parties to
the action.
(c) No contract, lease, license, bond, or any other agreement to
which the Governor's Commission on State Veterans Cemeteries or any
of its predecessors are a party shall be void or voidable by reason
of this section, but shall continue in full force and effect, with
the Department of Veterans Affairs assuming all of the rights,
obligations, liabilities, and duties of the Governor's Commission on
State Veterans Cemeteries and any of its predecessors. That
assumption by the Department of Veterans Affairs shall not in any way
affect the rights of the parties to the contract, lease, license, or
agreement. Bonds issued by the Governor's Commission on State
Veterans Cemeteries, or any of its predecessors, shall become the
indebtedness of the Department of Veterans Affairs. Any continuing
obligations or responsibilities of the Governor's Commission on State
Veterans Cemeteries for managing and maintaining bond issuances
shall be transferred to the Department of Veterans Affairs without
impairment to any security contained in the bond instrument.
(d) The unexpended balance of all funds available for use by the
Governor's Commission on State Veterans Cemeteries or any of its
predecessors in carrying out any functions transferred to the
Department of Veterans Affairs shall instead be available for use by
the Department of Veterans Affairs. All books, document, records, and
property of the Governor's Commission on State Veterans Cemeteries
shall be transferred to the Department of Veterans Affairs.
(e) Any officer or employee of the Governor's Commission on State
Veterans Cemeteries, other than a temporary employee, who is
performing a function transferred to the Department of Veterans
Affairs and who is serving in the state civil service shall be
transferred to the Department of Veterans Affairs pursuant to Section
19050.9 of the Government Code.
(f) The status, position, and rights of any officer or employee of
the Governor's Commission on State Veterans Cemeteries shall not be
affected by the transfer and shall be retained by the person as an
officer or employee of the Department of Veterans Affairs, as the
case may be, pursuant to the State Civil Service Act (Part 2
(commencing with Section 18509) of Division 5 of Title 2 of the
Government Code), except as to a position that is exempt from civil
service.
SEC. 1158. Section 1300 of the Military
and Veterans Code is repealed.
1300. There is in state government the Vietnam Veterans Memorial
Commission composed of nine members, as follows:
(a) Two members appointed by the Speaker of the Assembly, at least
one of whom shall be a Member of the Assembly. The nonlegislative
member shall be a Vietnam veteran.
(b) Two members appointed by the Senate Committee on Rules, at
least one of whom shall be a Member of the Senate. The nonlegislative
member shall be a Vietnam veteran.
(c) Five members appointed by the Governor, one of whom shall be a
member of the Governor's staff or a Governor's appointee in the
executive branch of state government and at least four of whom shall
be Vietnam veterans.
The members shall elect one of their number to serve as
chairperson.
SEC. 1159. Section 1300 is added to the
Military and Veterans Code , to read:
1300. Any reference to the Vietnam Veterans Memorial Commission
shall mean the Department of General Services.
SEC. 1160. Section 1301 of the Military
and Veterans Code is repealed.
1301. At least six members of the commission shall be Vietnam
veterans.
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 the participation is not
incompatible with their legislative duties.
Members of the commission shall receive no compensation but,
except for the legislative members, shall receive a per diem and
expenses while engaged in commission activities.
SEC. 1161. Section 1302 of the Military
and Veterans Code is amended to read:
1302. The commission may request staff support and
facilities for its activities from the Department of Veterans
Affairs, and the department may provide that support.
The commission Department of General
Services is responsible for setting policy. It is the duty of
the staff hired by the commission Department
of General Services to carry out that policy.
SEC. 1162. Section 1303 of the Military
and Veterans Code is amended to read:
1303. (a) The construction of a memorial to California's Vietnam
veterans on the grounds of the State Capitol is hereby authorized.
For purposes of this chapter, the grounds of the State Capitol are
that property in the City of Sacramento bounded by Ninth, Fifteenth,
"L", "L," and "N" Streets. The actual
site for the memorial shall be selected by the commission
after consultation with the Department
of General Services.
(b) Funds for the construction of the memorial shall be provided
through private contributions. The commission
Department of General Services may receive contributions for
this purpose.
SEC. 1163. Section 1304 of the Military
and Veterans Code is amended to read:
1304. With respect to the design and construction of the
memorial, the commission Department of
General Services may do all of the following:
(a) Establish a schedule for the design, construction, and
dedication of the memorial.
(b) Implement procedures to solicit designs for the memorial and
devise a selection process for the choice of the design.
(c) Select individuals or organizations to provide fundraising
services and to construct the memorial.
(d) Review and monitor the design and construction of the memorial
and establish a program for the dedication of the memorial.
(e) Report to the Legislature through the Assembly Select
Committee on Veterans' Affairs biannually on the progress of the
memorial.
SEC. 1164. Section 1306 of the Military
and Veterans Code is amended to read:
1306. (a) The sum of twenty-five thousand dollars ($25,000) is
hereby appropriated from the General Fund to the commission
Department of General Services as a loan for
purposes of this chapter. The commission
Department of General Services shall reimburse the amount of
this appropriation, plus interest at the same rate of interest as
that earned by moneys invested in the Pooled Money Investment Account
during the term of the loan, from the first contributions received
by the commission Department of General
Services under this chapter.
(b) The Vietnam Veterans Memorial Account in the General Fund is
hereby established. All funds received by the commission
Department of General Services under this
chapter shall be deposited in the account. The money in the account
is hereby appropriated to the commission
Department of General Services for purposes of this chapter
without regard to fiscal years.
SEC. 1165. Section 1307 of the Military
and Veterans Code is amended to read:
1307. The commission Department of
General Services shall notify the Governor when construction of
the memorial has been completed. This chapter shall remain in effect
only until, and shall be repealed on, January 1 of the second year
following that notification.
SEC. 1166. Section 1330 of the Military
and Veterans Code is repealed.
1330. (a) The Secretary of Veterans Affairs shall establish a
California Mexican American Veterans' Memorial Beautification and
Enhancement Committee composed of seven members as follows:
(1) Five members appointed by the Governor.
(2) One member appointed by the President pro Tempore of the
Senate.
(3) One member appointed by the Speaker of the Assembly.
(b) The secretary shall appoint one member from the committee to
serve as chairperson.
SEC. 1167. Section 1330 is added to the
Military and Veterans Code , to read:
1330. Any reference to the California Mexican American Veterans'
Memorial Beautification and Enhancement Commission shall be deemed to
be a reference to the Department of General Services.
SEC. 1168. Section 1331 of the Military
and Veterans Code is repealed.
1331. Members of the committee shall not receive any
compensation.
SEC. 1169. Section 1332 of the Military
and Veterans Code is repealed.
1332. The committee may request staff support and facilities for
its activities from the Department of Veterans Affairs, and the
department may provide that support and be reimbursed for the cost of
this support.
SEC. 1170. Section 1333 of the Military
and Veterans Code is amended to read:
1333. The committee Department of General
Services shall be responsible for carrying out the
purposes of this chapter setting policy consistent
with the purposes of this chapter. The staff hired by the Department
of General Services shall carry out that policy .
SEC. 1171. Section 1334 of the Military
and Veterans Code is amended to read:
1334. (a) The beautification and enhancement of an existing
memorial on state grounds is hereby authorized. For the purposes of
this act, "state grounds" means that property in the City of
Sacramento bounded by "Ninth," "Tenth," "L," and "N" Streets. The
actual site for the beautification and enhancement of the memorial
shall be the site of the existing memorial and surrounding ground.
(b) Funds for the beautification and enhancement of the memorial
shall be provided through private contributions and through existing
funds collected under the
auspices of the California Mexican American Veterans' Memorial
Beautification and Enhancement Commission. The Department of
Veterans Affairs General Services may receive
contributions for this purpose.
SEC. 1172. Section 1335 of the Military
and Veterans Code is amended to read:
1335. With respect to the design and construction of an enhanced
memorial, the committee Department of General
Services may do all of the following:
(a) Establish a schedule for the design, construction, and
dedication of the enhanced memorial.
(b) Implement procedures to solicit designs for beautifying and
enhancing the memorial and devise a selection process for the choice
of the design.
(c) Select individuals or organizations to provide fundraising
services and to construct the enhanced memorial.
(d) Review and monitor the design and construction of the memorial
and establish a program for the rededication of the memorial.
(e) Consult with the Department of General Services to determine
parameters for the final size of the memorial.
(f) Consult with and obtain final design and site orientation
approval from the Department of General Services and the Secretary of
Veterans Affairs.
SEC. 1173. Section 1338 of the Military
and Veterans Code is amended to read:
1338. The committee Department of General
Services shall notify the Governor and the Secretary of
Veterans Affairs when beautification and enhancement of the memorial
pursuant to this chapter is complete. This chapter shall remain in
effect only until, and shall be repealed on, January 1 of the year
following that notification, unless a later enacted statute, which is
enacted before that date, deletes or extends that date.
SEC. 1174. Section 1340 of the Military
and Veterans Code is amended to read:
1340. The California Mexican American Veterans' Memorial
Beautification and Enhancement Account is hereby created in the
General Fund. All funds received by the Department of
Veterans Affairs General Services under Chapter
7 (commencing with Section 1330) shall be deposited in the account
for the design and construction of the California Mexican American
Veterans' Memorial as specified in Section 1341.
SEC. 1175. Section 1341 of the Military
and Veterans Code is amended to read:
1341. (a) Notwithstanding Section 13340 of the Government Code,
all funds deposited in the California Mexican American Veterans'
Memorial Beautification and Enhancement Account established pursuant
to Section 1340 are hereby continuously appropriated, without regard
to fiscal year, to the Department of Veterans Affairs
General Services for the beautification and
enhancement of an existing memorial and surrounding grounds at the
State Capitol pursuant to Chapter 7 (commencing with Section 1330).
(b) On July 1, 2014, any moneys remaining in the California
Mexican American Veterans' Memorial Beautification and Enhancement
Account shall revert to the General Fund.
SEC. 1176. Section 1500 is added to the
Military and Veterans Code , to read:
1500. Any reference to the Governor's Commission on State
Veterans Cemeteries shall mean the Department of Veterans Affairs.
SEC. 1177. Section 10340 of the Public
Contract Code is amended to read:
10340. (a) Except as provided by subdivision (b), state agencies
shall secure at least three competitive bids or proposals for each
contract.
(b) Three competitive bids or proposals are not required in any of
the following cases:
(1) In cases of emergency where a contract is necessary for the
immediate preservation of the public health, welfare, or safety, or
protection of state property.
(2) When the agency awarding the contract has advertised the
contract in the California State Contracts Register and has solicited
all potential contractors known to the agency, but has received less
than three bids or proposals.
(3) The contract is with another state agency, a local
governmental entity, an auxiliary organization of the California
State University, an auxiliary organization of a California community
college, a foundation organized to support the Board of Governors of
the California Community Colleges, or an auxiliary organization of
the Student Aid Commission Office of Higher
Education and Financial Aid established pursuant to Section
69522 of the Education Code. These contracts, however, may not be
used to circumvent the competitive bidding requirements of this
article.
(4) The contract meets the conditions prescribed by the department
pursuant to subdivision (a) of Section 10348.
(5) The contract has been awarded without advertising and calling
for bids pursuant to Section 19404 of the Welfare and Institutions
Code.
(6) Contracts entered into pursuant to Section 14838.5 of the
Government Code.
(7) Contracts for the development, maintenance, administration, or
use of licensing or proficiency testing examinations.
(c) Any agency which has received less than three bids or
proposals on a contract shall document, in a manner prescribed by the
department, the names and addresses of the firms or individuals it
solicited for bids or proposals.
SEC. 1178. Section 12301 of the Public
Contract Code is amended to read:
12301. The following definitions govern the interpretation of
this chapter:
(a) "Department" means the Department of General Services.
(b) "Board" means Any reference to "
board" in this chapter or to the "California Integrated Waste
Management Board" in any law or regulation shall be deemed to be a
reference to the California Integrated Waste
Management Board, as defined pursuant to Section 40110 of the Public
Resources Code Environmental Protection Agency .
(c) "Recycled paper product" means all paper and woodpulp products
containing postconsumer and secondary materials. "Postconsumer
material" means a finished material that would normally be disposed
of as a solid waste, having completed its life cycle as a consumer
item. "Secondary material" means fragments of finished products or
finished products of a manufacturing process, which has converted a
virgin resource into a commodity of real economic value, and includes
postconsumer material, but does not include fibrous waste generated
during the manufacturing process such as fibers recovered from
wastewater or trimmings of paper machine rolls (mill broke), wood
slabs, chips, sawdust, or other wood residue from a manufacturing
process. "Recycled paper product" means a paper product with not less
than 50 percent, by fiber weight, consisting of secondary and
postconsumer material with not less than 10 percent of fiber weight
consisting of postconsumer material.
For high speed copier paper, offset paper, forms bond, computer
printout paper, carbonless paper, file folders, white wove envelopes,
and for other uncoated printing and writing papers, such as writing
and office paper, book paper, cotton fiber paper containing 25 to 75
percent cotton fiber, and cover stock, the minimum content standard
shall be no less than 20 percent of fiber weight of postconsumer
materials beginning December 31, 1994. The minimum content standard
shall be increased to 30 percent of fiber weight of postconsumer
materials beginning on December 31, 1998.
(d) (1) Except as provided in paragraph (2), "recycled product"
means all materials, goods, and supplies, excluding paper products,
no less than 50 percent of the total weight of which consists of
secondary and postconsumer material with not less than 10 percent of
its total weight consisting of postconsumer material. A recycled
product shall include any product that could have been disposed of as
solid waste having completed its life cycle as a consumer item, but
otherwise is refurbished for reuse without substantial alteration of
its form. "Postconsumer material" means a finished material that
would have been disposed of as a solid waste, having completed its
life cycle as a consumer item, and does not include manufacturing
wastes. "Secondary material" means fragments of finished products or
finished products of a manufacturing process, which has converted a
resource into a commodity of real economic value, and includes
postconsumer material, but does not include excess virgin resources
of the manufacturing process.
(2) "Recycled product" also means other flat rolled steel products
no less than 25 percent of the total weight of which consists of
secondary and postconsumer material, with not less than 10 percent of
total weight consisting of postconsumer material. Products made with
flat rolled steel meeting these content percentages include, but are
not limited to, automobiles, cans, appliances, and office furniture
and supplies.
SEC. 1179. Article 2 (commencing with Section 660)
of Chapter 2 of Division 1 of the Public Resources Code
is repealed.
SEC. 1180. Article 2 (commencing with Section 660)
is added to Chapter 2 of Division 1 of the Public
Resources Code , to read:
Article 2. Mining and Geology
660. (a) The State Mining and Geology Board is hereby abolished.
(b) The department or the director, as appropriate, succeeds to,
and is vested with, all the duties, powers, purposes,
responsibilities, and jurisdiction of the State Mining and Geology
Board.
(c) Any reference in law to the State Mining and Geology Board
shall be construed as a reference to the department or the director,
as applicable.
(d) All officers and employees of the State Mining and Geology
Board who are serving in the state civil service, other than as
temporary employees, shall be transferred to the department. The
status, positions, and rights of those persons shall not be affected
by the transfer and shall be retained by those persons as officers
and employees of the department, pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2
of the Government Code), except as to positions exempt from the civil
service.
(e) The department or director, as appropriate, shall have
possession and control of all records, papers, offices, equipment,
supplies, moneys, funds, appropriations, licenses, permits,
agreements, contracts, claims, judgments, land, and other property,
real or personal, connected with the administration of, or held for,
the benefit or use of the State Mining and Geology Board.
(f) Any regulation or other action, adopted, prescribed, taken, or
performed by an agency or officer in the administration of a program
or the performance of a duty, responsibility, or authorization
transferred pursuant to this section shall remain in effect and shall
be deemed to be a regulation or action of the agency or officer to
whom the program, duty, responsibility, or authorization is
transferred.
(g) No suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty,
responsibility, or authorization transferred pursuant to this
section, shall abate by reason of the transfer of the program, duty,
responsibility, or authorization under this section.
(h) The unexpended balance of funds that were available for use by
the State Mining and Geology Board in carrying out functions
transferred to the department under this section shall be made
available for the use of the department.
662. As used in this article, "division" means the Division of
Mines and Geology of the department.
664. The director shall appoint the State Geologist, who shall
either be registered in compliance with the Geologist and
Geophysicist Act at least one year from the date of appointment, or
the Board of Geologists and Geophysicists may, upon the review of
academic and professional experience, grant registration. The State
Geologist shall possess general knowledge of mineral resources,
structural geology, seismology, engineering geology, and related
disciplines in science and engineering, and the reclamation of mined
lands and waters. The State Geologist shall advise the director
regarding technical, scientific, and engineering issues, including
the scientific quality of the division's products and activities.
667. The director may authorize the State Geologist to exercise
his or her power to appoint employees of the division in accordance
with the State Civil Service Act (Part 2 (commencing with Section
18500) of Division 5 of Title 2 of the Government Code). The director
may authorize the State Geologist, or any employee of the division,
to exercise any power granted to, or perform any duty imposed upon,
the director by the State Civil Service Act.
SEC. 1181. Section 700 of the Public
Resources Code is amended to read:
700. As used in this chapter:
(a) "Board" means the State Board of Forestry and Fire Protection.
(b)
(a) "Department" means the Department of Forestry and
Fire Protection.
(c)
(b) "Director" means the Director of
Forestry and Fire Protection.
SEC. 1182. The heading of Article 2 (commencing
with Section 730) of Chapter 2.5 of Division 1 of the
Public Resources Code is amended to read:
Article 2. State Board of Forestry and Fire
Protection
SEC. 1183. Section 730 of the Public
Resources Code is repealed.
730. (a) There is in the department a State Board of Forestry and
Fire Protection consisting of nine members appointed by the
Governor, subject to confirmation by the Senate.
(b) (1) On and after January 1, 1998, wherever any reference is
made in any law to the State Board of Forestry in the department, the
reference shall be deemed to be a reference to, and to mean, the
State Board of Forestry and Fire Protection.
(2) No existing supplies, forms, signs, or logos shall be
destroyed or changed to reflect the name change, and they shall
continue to be used until exhausted or unserviceable.
SEC. 1184. Section 730 is added to the
Public Resources Code , to read:
730. (a) The State Board of Forestry and Fire Protection is
hereby abolished.
(b) The department or the director, as appropriate, succeeds to,
and is vested with, all the duties, powers, purposes,
responsibilities, and jurisdiction of the State Board of Forestry and
Fire Protection.
(c) Any reference in law to the State Board of Forestry and Fire
Protection shall be construed as a reference to the department or the
director, as applicable.
(d) All officers and employees of the State Board of Forestry and
Fire Protection who are serving in the state civil service, other
than as temporary employees, shall be transferred to the department.
The status, positions, and rights of those persons shall not be
affected by the transfer and shall be retained by those persons as
officers and employees of the department, pursuant to the State Civil
Service Act (Part 2 (commencing with Section 18500) of Division 5 of
Title 2 of the Government Code), except as to positions exempt from
the civil service.
(e) The department or director, as appropriate, shall have
possession and control of all records, papers, offices, equipment,
supplies, moneys, funds, appropriations, licenses, permits,
agreements, contracts, claims, judgments, land, and other property,
real or personal, connected with the administration of, or held for,
the benefit or use of the State Board of Forestry and Fire
Protection.
(f) Any regulation or other action, adopted, prescribed, taken, or
performed by an agency or officer in the administration of a program
or the performance of a duty, responsibility, or authorization
transferred pursuant to this section shall remain in effect and shall
be deemed to be a regulation or action of the agency or officer to
whom the program, duty, responsibility, or authorization is
transferred.
(g) No suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty,
responsibility, or authorization transferred pursuant to this
section, shall abate by reason of the transfer of the program, duty,
responsibility, or authorization under this section.
(h) The unexpended balance of funds that were available for use by
the State Board of Forestry and Fire Protection in carrying out
functions transferred to the department under this section shall be
made available for the use of the department.
SEC. 1185. Section 731 of the Public
Resources Code is repealed.
731. All members of the board shall be appointed and shall be
selected and approved for appointment on the basis of their
educational and professional qualifications and their general
knowledge of, interest in, and experience with, problems relating to
watershed management (including hydrology and soil science), forest
management practices, fish and wildlife, range management, forest
economics, or land use planning. Five members shall be selected from
the general public, three members shall be selected from the forest
products industry, and one member shall be selected from the range
livestock industry. At no time shall a majority of the members, nor
any of the members selected from the general public, be persons with
a direct personal financial interest, within the meaning of Section
1120 of the Government Code, in timberlands. All members of the board
shall represent the general public interest.
SEC. 1186. Section 731.1 of the Public
Resources Code is repealed.
731.1. The Legislature declares that some individuals appointed
as members of the State Board of Forestry and Fire Protection are
required to be chosen from backgrounds in the forest products and
range livestock industries in order to represent and further the
interests of those industries and that this representation and
furtherance serves the general public interest, as specified in
Section 731. Accordingly, the Legislature finds that, for purposes of
persons who hold that office, the forest products and the range
livestock industries are tantamount to and constitute the public
generally within the meaning of Section 87103 of the Government Code
in those decisions affecting the forest products or range livestock
industries, unless the results of their actions taken as board
members have a material financial effect on them distinguishable from
their effect on other members of their respective industries
generally.
SEC. 1187. Section 732 of the Public
Resources Code is repealed.
732. Each member of the board shall hold office for four years
from the expiration of the term of his or her predecessor. Vacancies
shall be immediately filled by the Governor.
SEC. 1188. Section 735 of the Public
Resources Code is repealed.
735. Each member of the board shall receive compensation for each
day during which the member engaged in the performance of official
duties, except that the total number of days for which a member,
other than the chairperson, may be compensated shall not exceed 80
days in any one fiscal year. The chairperson of the board may receive
compensation for not more than 100 days in any one fiscal year. In
addition to the compensation, each member shall be reimbursed for
necessary traveling and other expenses incurred in the performance of
official duties.
SEC. 1189. Section 736 of the Public
Resources Code is repealed.
736. The board shall maintain its headquarters in Sacramento and
shall hold meetings at such times and at such places as shall be
determined by it. Five members of the board shall constitute a quorum
for the purpose of transacting any business of the board. A majority
affirmative vote of the total authorized membership of the board
shall be necessary to adopt, amend, or repeal rules and regulations
of the board adopted pursuant to Article 4 (commencing with Section
4551) of Chapter 8 of Part 2 of Division 4. All meetings of the board
shall be open to the public.
SEC. 1190. Section 737 of the Public
Resources Code is repealed.
737. (a) No member of the board shall participate in any board
action pursuant to Article 8 (commencing with Section 4601) or
Article 9 (commencing with Section 4621) of Chapter 8 of Part 2 of
Division 4 which involves himself or any person with which he is
connected as a director, officer, or employee, or in which he has a
direct personal financial interest within the meaning of Section 1120
of the Government Code.
(b) Upon request of any person or on his own initiative, the
Attorney General may file a complaint in the superior court for the
county in which the board has its principal office alleging that a
board member has knowingly violated this section and the facts upon
which the allegation is based and asking that the member be removed
from office. Further proceedings shall be in accordance as near as
may be with rules governing civil actions. If after trial the court
finds that the board member has knowingly violated this section it
shall pronounce judgment that the member be removed from office.
SEC. 1191. Section 738 of the Public
Resources Code is repealed.
738. The Governor shall designate the chairman of the board from
among the members of the board. The person designated as the chairman
shall hold such office at the pleasure of the Governor. The board
shall annually elect a vice chairman from among its members.
SEC. 1192. Section 739 of the Public
Resources Code is repealed.
739. The board may appoint an executive officer who shall be
exempt from civil service pursuant to subdivision (e) of Section 4 of
Article VII of the California Constitution.
SEC. 1193. Section 740 of the Public
Resources Code is amended to read:
740. The board department shall
represent the state's interest in the acquisition and management of
state forests as provided by law and in federal land matters
pertaining to forestry, and the protection of the state's interests
in forest resources on private lands, and shall determine, establish,
and maintain an adequate forest policy. General policies
for guidance of the department shall be determined by the board.
SEC. 1194. Section 741 of the Public
Resources Code is amended to read:
741. (a) The board department shall
appoint a Range Management Advisory Committee and shall consult with
the advisory committee on rangeland resource issues under
consideration by the board department .
(b) The advisory committee shall consist of 11 members, who shall
be selected as follows:
(1) Two members of the general public, who have an interest and
background in the conservation of range resources or special
knowledge in the protection of range and brushland soils and
watersheds.
(2) One member nominated by the Watershed Fire Council of Southern
California.
(3) One member nominated by the California Association of Resource
Conservation Districts.
(4) Seven members nominated by organizations representing owners
of range and brushlands.
(c) Members of the advisory committee shall serve without
compensation.
(d) The Secretary of the Resources Agency, the Secretary for
Environmental Protection, and the Secretary of Food and Agriculture
shall notify the advisory committee of, and are encouraged to consult
with the advisory committee on, rangeland resource issues that are
under consideration by the Resources Agency, the California
Environmental Protection Agency, and the Department of Food and
Agriculture, respectively.
SEC. 1195. Section 743 of the Public
Resources Code is amended to read:
743. State agencies shall submit to the board
department plans for, and the results of, all
investigations that relate to, or have an effect upon, forest
resource utilization for review and comment. The board
department may, at its expense, contract with
any state or local agency to investigate and report on any technical
factors involved in forest management; provided, that the burden,
including costs, of such those reports
shall bear a reasonable relationship to the needs for the reports and
the benefits to be obtained from such the
reports.
SEC. 1196. Section 745 of the Public
Resources Code is amended to read:
745. The board department
shall implement a public information program on matters involving
forest management and shall maintain an information file on forest
management research and other pertinent matters.
SEC. 1197. Section 759 of the Public
Resources Code is amended to read:
759. The board department may
by regulation adopt such rules and
those regulations pursuant to Chapter 4.5
(commencing with Section 11371) of Part 1 of Division 3 of Title 2 of
the Government Code, as that it
determines are reasonably necessary to enable it to carry
into effect the provisions of out this article.
SEC. 1198. Section 760 of the Public
Resources Code is amended to read:
760. The board department shall
consider matters pertaining to the registration of professional
foresters at least once every six months at regular meetings and may,
as necessary, meet solely for the purpose of considering matters to
carry out the provisions of this article.
SEC. 1199. Section 760.5 of the Public
Resources Code is repealed.
760.5. The board may hire the clerical and secretarial employees,
technical personnel, and other staff who are necessary and budgeted
to properly assist the work of the board in carrying out the purposes
of this article. This staff personnel shall be subject to the
relevant system and procedures of the state civil service. The
provisions of the State Civil Service Act contained in Part 2
(commencing with Section 18500) of Division 5 of Title 2 of the
Government Code shall apply to that personnel. The executive officer
shall be an employee exempt from civil service.
SEC. 1200. Section 762 of the Public
Resources Code is amended to read:
762. The board department may by
regulation provide for the issuance of certificates of specialization
in such those fields of specialization
as that the board
department may by regulation establish.
SEC. 1201. Section 763 of the Public
Resources Code is amended to read:
763. (a) The board director shall
establish an examining committee of at least seven members composed
of the following, who shall be appointed by the board
director and serve at its
his or her pleasure:
(1) Two public members with one selected from the
membership of the board .
(2) At least four professional foresters in good standing
representing a broad cross section of employment and expertise.
(3) At least one certified specialist registered pursuant to
Section 772 in good standing. If a certified specialist is not
available to serve on the committee, this position shall be replaced
by an additional professional forester in good standing.
(b) The examining committee shall do all of the following:
(1) Examine all applicants for registration as professional
foresters and for specialty certificates.
(2) Recommend to the board department
applicants for the license of professional forester and
applicants for specialty certificates who fulfill the requirements of
this article.
(3) Review complaints, which review may include independent
investigations or expert witness evaluations, and make disciplinary
recommendations to the board department
.
(4) Establish ad hoc committees as needed with representatives of
certified specialists.
(5) Recommend to the board department
whether an independent certification program qualifies for
recognition under Section 754.
(6) Recommend adoption of the rules and regulations or changes in
rules and regulations which may be needed to effect this article.
SEC. 1202. Section 765 of the Public
Resources Code is amended to read:
765. The examining committee shall adhere to the rules and
regulations of the board department .
Any applicant for a license pursuant to this article who contends
that he or she has been aggrieved by any action taken by
the examining committee with respect to his or her
qualifications may appeal to the board
department in accordance with rules or regulations prescribed
by the board department . The
board on such appeal On the appeal, the department
may administer an oral or written examination to the applicant
as an aid in determining whether the applicant is qualified under the
terms of this article.
SEC. 1203. Section 767 of the Public
Resources Code is amended to read:
767. An applicant for a license pursuant to this article shall
apply to the board department .
Such The application shall be
accompanied by the payment of a fee in an amount fixed by
the provisions of this article.
SEC. 1204. Section 768 of the Public
Resources Code is amended to read:
768. The board department shall
require an applicant to demonstrate such the
degree of experience and such general
knowledge of the profession of forestry as
that the board department deems
necessary for the protection of the public.
SEC. 1205. Section 769 of the Public
Resources Code is amended to read:
769. An applicant shall meet all of the following qualifications:
(a) Be of good moral character and have a good reputation for
honesty and integrity.
(b) Furnish evidence of having completed seven years of experience
in forestry work.
Possession
(1) Possession of a degree of
bachelor of science, or equivalent degree as determined by the
board department , with a major in
forestry, shall be deemed equivalent to four years of experience in
the actual practice of forestry work.
At
(2) At least three of the seven
years of experience shall include having charge of forestry work, or
forestry work under the supervision of a person registered, or
qualified for, but exempt from, registration under the
provision of this article. Work completed prior to July 1,
1973, shall qualify if it was under the supervision of a qualified
forester, as defined in Section 754. The award of a master of
forestry degree shall be acceptable as evidence of one year of
such the qualifying experience.
(c) Has Have successfully completed
such the examination or examinations
as are prescribed by the board
department .
SEC. 1206. Section 770 of the Public
Resources Code is amended to read:
770. (a) Examinations shall be given by the board
department as often as it is deemed necessary,
but at least every six months.
(b) The examination may consist of both written and oral portions.
A grade of 75 percent shall be necessary for successful completion
of the examination.
SEC. 1207. Section 772 of the Public
Resources Code is amended to read:
772. Instead of being registered as a professional forester, an
applicant may request to be registered as a certified specialist in
one or more fields of forestry. Nothing in this article shall
authorize the board department to
certify or otherwise license wildlife biologists, fisheries
biologists, botanists, ecological restorationists, stream
restorationists, hydrologists, or geologists. Registration in a
specialty area does not prohibit a professional forester from
providing services within that professional forester's area of
expertise. Any public agency or professional society may submit for
board department recognition its
independent certification program as full qualification without
examination for the board's department's
certificate of specialization. That certification as a
specialist shall be granted provided the board
department determines the program fully protects the
public interest in that area of practice encompassed by the program.
Those certificants are subject to board
registration by the department and discipline
with review by that specialty.
SEC. 1208. Section 774 of the Public
Resources Code is amended to read:
774. (a) Issuance of a license may be denied if sufficient
evidence is received by the board department
of the commission or doing by the applicant of any act which,
if committed or done by a licensee, would be grounds for the
suspension or revocation of his or her license.
(b) In any decision denying an application, the board
department may provide that it will accept no
future application from the applicant until he or she
complies with specified conditions. No condition may be required by
the board department that is not just
and reasonable.
SEC. 1209. Section 775 of the Public
Resources Code is amended to read:
775. The board department may upon
its own motion, and shall upon the verified complaint in writing of
any person, cause investigation to be made of the actions of any
person licensed pursuant to this article, and may temporarily suspend
or permanently revoke the license of any person who is guilty of or
commits any one or more of the acts or omissions constituting cause
for disciplinary action.
SEC. 1210. Section 776 of the Public
Resources Code is amended to read:
776. Any accusation against a registrant or a certificant shall
be filed within five years after the act or omission alleged as the
ground for disciplinary action. The proceedings under this article
shall be conducted in accordance with Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code and the board department has all
the powers granted in that chapter.
SEC. 1211. Section 777 of the Public
Resources Code is amended to read:
777. (a) If the board
department finds against the registrant, the
board department , in its decision, may
terminate all operations of the registrant during the period fixed by
the decision, except those operations the board
department determines that the person may complete. The
board dep artment may impose
upon the registrant compliance with specific conditions as may be
just in connection with his or her operations, and may further
provide that, until the conditions are complied with, no application
for restoration of the suspended or revoked registration shall be
accepted by the board department .
The board
(b) The department shall provide
public notice of the suspension or revocation pursuant to this
section.
The board
(c) The department may issue a
private reprimand when a registrant commits a failure of
responsibility which that warrants a
lesser level of discipline than suspension. The issuance of a private
reprimand does not prohibit the board
department from using the subject of the private reprimand in
an accusation, within the statute of limitations, seeking suspension
or revocation resulting from a subsequent complaint, to establish a
pattern of lesser failures of professional responsibility. If the
evidence is insufficient to support a private reprimand or an
accusation, the executive officer for registration may send a letter
expressing the examining committee's concerns.
SEC. 1212. Section 778 of the Public
Resources Code is amended to read:
778. A registrant or certificant is subject to disciplinary
action who:
(a) Has been convicted of a felony substantially related to the
qualifications, functions, or duties of a registered professional
forester. A conviction within the meaning of this section means a
plea or verdict of guilty or a conviction following a plea of nolo
contendere. Any action which the board
department is permitted to take following the establishment of
a conviction may be taken when the time for appeal has elapsed or
when an order granting probation is made suspending the imposition of
sentence, irrespective of a subsequent order under Section 1203.4 of
the Penal Code.
(b) Has been found guilty by the board of any
deceit, misrepresentation, fraud, material misstatement of fact,
incompetence, or gross negligence in his or her practice.
(c) Has been guilty of any fraud or deceit in obtaining his or her
registration or certification.
(d) Aids or abets any person in the violation of any provision of
this article.
(e) Fails in any material respect to comply with the provisions of
this article.
SEC. 1213. Section 778.5 of the Public
Resources Code is amended to read:
778.5. The board department shall
develop criteria to determine whether a felony is substantially
related to the qualifications, functions, or duties of a registered
professional forester in order to aid it when considering the denial,
suspension, or revocation of a license.
SEC. 1214. Section 782 of the Public
Resources Code is amended to read:
782. The board department shall
establish by regulation the amount of fees within the following
ranges, and based on a determination by the board
department of the amount of revenues reasonably necessary
to carry out this article:
(a) The application fee for registration or for each certificate
of specialization shall be not less than fifty dollars ($50) and not
more than two hundred dollars ($200).
(b) The registration fee and certificate of specialization fees
and renewal fees shall be not less than twenty-five dollars ($25) and
not more than two hundred fifty dollars ($250) per year. Every
licensed person shall, on or before July 1 of the year of expiration,
pay the renewal fee.
(c) The fee for the issuance of a duplicate display registration
document or certificate of specialization shall be not less than five
dollars ($5) and not more than twenty-five dollars ($25).
(d) The penalty fee for failure to apply for a renewal shall be
not less than ten dollars ($10) and not more than twenty-five dollars
($25) for each month of delinquency. In return for the payment of
the renewal fee and any applicable late fees, a renewal registration
card shall be issued.
(e) A registrant or certificant may, upon written notice to the
board, be granted a withdrawal period without penalty not to exceed
five years. A reinstatement application shall be accompanied with a
fee of not less than fifteen dollars ($15) and not more than fifty
dollars ($50), for registration or each certificate of
specialization.
SEC. 1215. Section 783 of the Public
Resources Code is amended to read:
783. In case any person defaults in payment of the renewal fee,
his or her registration may be revoked by the board
department on 60 days
days' notice in writing from the board
department , unless within this time the fee is paid, together
with penalty, not exceeding the amount fixed by this article. Upon
payment of the fee and penalty within one year, the board
department shall reinstate the person's
registration.
SEC. 1216. Section 2008 of the Public
Resources Code is amended to read:
2008. "Board" means the State Mining and Geology Board
Department of Conservation .
SEC. 1217. Section 2630 of the Public
Resources Code is amended to read:
2630. In carrying out the provisions of this chapter, the State
Geologist and the board Department of
Conservation shall be advised by the Seismic Safety
Commission Department of General Services .
SEC. 1218. Section 2693 of the Public
Resources Code is amended to read:
2693. As used in this chapter:
(a) "City" and "county" includes the City and County of San
Francisco.
(b) "Geotechnical report" means a report prepared by a certified
engineering geologist or a civil engineer practicing within the area
of his or her competence, which identifies seismic hazards and
recommends mitigation measures to reduce the risk of seismic hazard
to acceptable levels.
(c) "Mitigation" means those measures that are consistent with
established practice and that will reduce seismic risk to acceptable
levels.
(d) "Project" has the same meaning as in Chapter 7.5 (commencing
with Section 2621), except as follows:
(1) A single-family dwelling otherwise qualifying as a project may
be exempted by the city or county having jurisdiction of the
project.
(2) "Project" does not include alterations or additions to any
structure within a seismic hazard zone which do not exceed either 50
percent of the value of the structure or 50 percent of the existing
floor area of the structure.
(e) "Commission" means the Seismic Safety Commission
Department of General Services .
(f) "Board" means the State Mining and Geology Board
Department of Conservation .
SEC. 1219. Section 2701 of the Public
Resources Code is amended to read:
2701. The division shall organize and monitor the program with
the advice of the Seismic Safety Commission
Department of General Services .
SEC. 1220. Section 2702 of the Public
Resources Code is a mended to read:
2702. The division shall purchase, install, and maintain
instruments in representative structures and geologic environments
throughout the state, and shall process the data obtained from such
instruments resulting from periodic earthquakes, as deemed necessary
and desirable by the Seismic Safety Commission
Department of General Services .
SEC. 1221. Section 2707 of the Public
Resources Code is amended to read:
2707. The division, upon advice of the Seismic Safety
Commission Department of General Services ,
whenever it determines that an adequate instrumentation program has
been achieved, may reduce the fee levied against building permits as
provided in Section 2705 to a level sufficient to maintain the
program established pursuant to this chapter.
SEC. 1222. Section 2709.1 of the Public
Resources Code is amended to read:
2709.1. (a) No strong-motion instrumentation shall be installed
pursuant to this chapter in the structural types identified in
subdivision (b) unless funds proportionate to the construction value
as called for under Section 2705 are received from organizations or
entities representing these structural types, or the instrumentation
is specifically called for by the Seismic Safety Commission
Department of General Services in urgency
situations.
(b) The structural types subject to this section include all of
the following:
(1) Hospitals.
(2) Dams.
(3) Bridges.
(4) Schools.
(5) Powerplants.
(c) The Strong-Motion Instrumentation and Seismic Hazards Mapping
Fund may accept funds from sources other than the permit fees
identified in this chapter. The priority of installations performed
under this chapter shall be determined by the Seismic Safety
Commission Department of General Services .
SEC. 1223. Section 2714 of the Public
Resources Code is amended to read:
2714. This chapter does not apply to any of the following
activities:
(a) Excavations or grading conducted for farming or the immediate
excavation or grading of lands affected by a flood or natural
disaster for the purpose of restoring those lands to their prior
condition.
(b) Onsite excavation and onsite earthmoving activities that are
an integral and necessary part of a construction project and that are
undertaken to prepare a site for construction of structures,
landscaping, or other land improvements associated with those
structures, including the related excavation, grading, compaction, or
the creation of fills, road cuts, and embankments, whether or not
surplus materials are exported from the site, subject to all of the
following conditions:
(1) All required permits for the construction, landscaping, or
related land improvements have been approved by a public agency in
accordance with applicable provisions of state law and locally
adopted plans and ordinances, including, but not limited to, Division
13 (commencing with Section 21000).
(2) The lead agency's approval of the construction project
included consideration of the onsite excavation and onsite
earthmoving activities pursuant to Division 13 (commencing with
Section 21000).
(3) The approved construction project is consistent with the
general plan or zoning of the site.
(4) Surplus materials shall not be exported from the site unless
and until actual construction work has commenced and shall cease if
it is determined that construction activities have terminated, have
been indefinitely suspended, or are no longer being actively pursued.
(c) Operation of a plant site used for mineral processing,
including associated onsite structures, equipment, machines, tools,
or other materials, including the onsite stockpiling and onsite
recovery of mined materials, subject to all of the following
conditions:
(1) The plant site is located on lands designated for industrial
or commercial uses in the applicable county or city general plan.
(2) The plant site is located on lands zoned industrial or
commercial, or are contained within a zoning category intended
exclusively for industrial activities by the applicable city or
county.
(3) None of the minerals being processed are being extracted
onsite.
(4) All reclamation work has been completed pursuant to the
approved reclamation plan for any mineral extraction activities that
occurred onsite after January 1, 1976.
(d) Prospecting for, or the extraction of, minerals for commercial
purposes where the removal of overburden or mineral product totals
less than 1,000 cubic yards in any one location, and the total
surface area disturbed is less than one acre.
(e) Surface mining operations that are required by federal law in
order to protect a mining claim, if those operations are conducted
solely for that purpose.
(f) Any other surface mining operations that the board, as defined
by Section 2001, determines to be of an infrequent nature and which
involve only minor surface disturbances.
(g) The solar evaporation of sea water or bay water for the
production of salt and related minerals.
(h) Emergency excavations or grading conducted by the Department
of Water Resources or the Reclamation Board for
the purpose of averting, alleviating, repairing, or restoring damage
to property due to imminent or recent floods, disasters, or other
emergencies.
(i) (1) Surface mining operations conducted on lands owned or
leased, or upon which easements or rights-of-way have been obtained,
by the Department of Water Resources for the purpose of the State
Water Resources Development System or flood control, and surface
mining operations on lands owned or leased, or upon which easements
or rights-of-way have been obtained, by the Reclamation
Board Department of Water Resources for the
purpose of flood control, if the Department of Water Resources
adopts, after submission to and consultation with, the Department of
Conservation, a reclamation plan for lands affected by these
activities, and those lands are reclaimed in conformance with the
standards specified in regulations of the board adopted pursuant to
this chapter. The Department of Water Resources shall provide an
annual report to the Department of Conservation by the date specified
by the Department of Conservation on these mining activities.
(2) Nothing in this subdivision shall require the Department of
Water Resources or the Reclamation Board to obtain
a permit or secure approval of a reclamation plan from any city or
county in order to conduct surface mining operations specified in
paragraph (1). Nothing in this subdivision shall preclude the
bringing of an enforcement action pursuant to Section 2774.1, if it
is determined that a surface mine operator, acting under contract
with the Department of Water Resources or the Reclamation
Board on lands other than those owned or leased, or upon
which easements or rights-of-way have been obtained, by the
Department of Water Resources or the Reclamation Board
, is otherwise not in compliance with this chapter.
(j) (1) Excavations or grading for the exclusive purpose of
obtaining materials for roadbed construction and maintenance
conducted in connection with timber operations or forest management
on land owned by the same person or entity. This exemption is limited
to excavation and grading that is conducted adjacent to timber
operation or forest management roads and shall not apply to onsite
excavation or grading that occurs within 100 feet of a Class One
watercourse or 75 feet of a Class Two watercourse, or to excavation
for materials that are, or have been, sold for commercial purposes.
(2) This exemption shall be available only if slope stability and
erosion are controlled in accordance with subdivision (f) of Section
3704 and subdivision (d) of Section 3706 of Title 14 of the
California Code of Regulations and, upon closure of the site, the
person closing the site implements, where necessary, revegetation
measures and postclosure uses in consultation with the Department of
Forestry and Fire Protection.
(k) Excavations, grading, or other earthmoving activities in an
oil or gas field that are integral to, and necessary for, ongoing
operations for the extraction of oil or gas that comply with all of
the following conditions:
(1) The operations are being conducted in accordance with Division
3 (commencing with Section 3000).
(2) The operations are consistent with any general plan or zoning
applicable to the site.
(3) The earthmoving activities are within oil or gas field
properties under a common owner or operator.
(4) No excavated materials are sold for commercial purposes.
SEC. 1224. Section 2802 of the Public
Resources Code is amended to read:
2802. (a) The department shall develop jointly with the United
States Geological Survey a prototype earthquake prediction system
along the central San Andreas fault near the City of Parkfield.
(b) The system shall include a dense cluster of seismic and
crustal deformation instrumentation capable of monitoring geophysical
and geochemical phenomena associated with earthquakes in the region.
These data shall be analyzed continuously to determine if precursory
anomalies can be identified with sufficient certainty to make a
short-term prediction. The department shall not duplicate any of the
ongoing efforts of the United States Geological Survey or any public
or private college
or university in the development of this system.
(c) In meeting its obligations under this chapter, the department
shall develop, in cooperation with the United States Geological
Survey, a plan for completion of the Parkfield instrumentation
network. The plan shall provide for all of the following:
(1) Augmentation of monitoring instruments with the goal of
detecting precursors of the Parkfield characteristic earthquake.
(2) Operation by the department of a remote data review station in
Sacramento which will provide state scientists with data from the
Parkfield prototype earthquake prediction system and other data, as
required, to advise the Office of Emergency Services of the
occurrence of precursors and verification of the predicted event.
(3) Advising the United States Geological Survey, the Office of
Emergency Services, the Seismic Safety Commission
Department of General Services , and the California
Earthquake Prediction Evaluation Council, regarding the department's
review of Parkfield data.
(d) On January 1, 1987, the department shall issue a progress
report to the Governor, the Legislature, and the Seismic
Safety Commission Department of General Services
. An Notwithstanding Section 7550.5 of the
Government Code, an annual progress report shall be made each
year thereafter. The project shall terminate on January 1, 1992,
unless extended by statute.
SEC. 1225. Section 2803 of the Public
Resources Code is amended to read:
2803. (a) Concurrently with the development of the Parkfield
prototype earthquake prediction system, the Office of Emergency
Services, in consultation with the California Earthquake Prediction
Evaluation Council, shall develop a comprehensive emergency response
plan for short-term earthquake predictions. The plan shall include
all of the following:
(1) A method of peer review involving the California Earthquake
Prediction Evaluation Council to evaluate the validity of short-term
earthquake predictions and to develop guidelines for initiating state
action in response to anomalous geochemical and geophysical
phenomena.
(2) A means of rapidly activating governmental response to a
predicted event.
(3) Plans for mitigating earthquake losses to vulnerable
populations, including, but not limited to, drawdown of impoundment
levels behind dams, positioning of emergency equipment in safe areas,
and mobilization of firefighting, law enforcement, rescue, and
medical personnel.
(4) A public warning system.
(5) Strategies for dealing with earthquake predictions that fail
to occur (false alarms) and the failure of an earthquake prediction
system to forecast a damaging event.
(b) The Office of Emergency Services shall consult with the
department, the Seismic Safety Commission
Department of General Services , the United States Geological
Survey, and the Federal Emergency Management Agency in the
development of the plan.
SEC. 1226. Section 2804 of the Public
Resources Code is amended to read:
2804. The department and the Seismic Safety Commission
Department of General Services may solicit and
receive gifts and grants from other public and private agencies for
the state's share of costs under this chapter.
SEC. 1227. Section 2806 of the Public
Resources Code is amended to read:
2806. The Legislature hereby finds and declares as follows:
(a) California has recently experienced and will continue to
experience in the foreseeable future damaging earthquakes of moderate
to great magnitude. Efforts have been needed to increase the
awareness of earthquake hazards through education so that future
losses of life, injuries, loss of property, and social disruption
will be minimized when those events occur.
(b) Because of a lack of any state or local earthquake safety
education program, it has been necessary for the state to assume
leadership through the policy and guidance of the Seismic
Safety Commission Department of General Services
to develop and test earthquake safety programs which provide
informational material to schools and the general public for
minimizing potential disruption and loss of life.
(c) Since the pilot earthquake safety education and preparedness
programs developed under the California Earthquake Education Act of
1981 have been tested, their effectiveness analyzed, and they have
been deemed successful by the Seismic Safety Commission
Department of General Services , the Legislature
believes that it is appropriate, as stated by the Earthquake
Education Act of 1981, that those programs be distributed and
implemented throughout the earthquake-prone areas of the state.
(d) It is necessary that funds be appropriated to the
Seismic Safety Commission Department of General
Services from the General Fund for the purpose of expanding the
earthquake safety program for statewide implementation over the next
three years which, when completed, will constitute for the first
time in history, a comprehensive, statewide self-supporting
earthquake safety education program.
SEC. 1228. Section 2807 of the Public
Resources Code is amended to read:
2807. (a) There is hereby established a project for the
implementation of a statewide program of earthquake safety education
and preparedness entitled the California Earthquake Education Project
(CALEEP). The Seismic Safety Commission
Department of General Services may contract with the University
of California to carry out the project. The project shall focus on
identifying state and local leadership interested in using the CALEEP
materials, disseminating those materials, and utilizing the
materials.
(b) The project shall develop a relationship with the State
Department of Education, interested teacher's education computer
centers statewide, and interested counties and school districts.
SEC. 1229. Section 2811 of the Public
Resources Code is amended to read:
2811. As used in this chapter:
(a) "Commission" means the Seismic Safety Commission
shall be deemed to refer to the Department of General
Services .
(b) "Local jurisdiction" means a city, county, or district.
(c) "Office" means the Office of Emergency Services.
(d) "Preparedness" means long-term preearthquake hazard
mitigation, reconstruction, and recovery planning and preparation for
emergency response.
SEC. 1230. Section 3460 of the Public
Resources Code is amended to read:
3460. (a) As used in this article:
(1) "Used oil" has the same meaning as defined in subdivision (a)
of Section 25250.1 of the Health and Safety Code.
(2) "Recycle" means to prepare used oil for reuse as a petroleum
product by refining, reclaiming, reprocessing, or other means, in
order to attain the standards specified by paragraph (3) of
subdivision (a) of Section 25250.1 of the Health and Safety Code.
"Recycle" does not include the application of used oil to roads for
the purpose of dust control or to the ground for the purpose of weed
abatement. "Recycle" does not include incineration or burning of used
oil as a fuel.
(3) "Board" means the California Integrated Waste
Management Board Environmental Protection Agency
.
(4) "Person" means any individual, private or public corporation,
partnership, limited liability company, cooperative, association,
estate, municipality, political or jurisdictional subdivision, or
government agency or instrumentality.
(b) The amendments made to this section by Chapter 1123 of the
Statutes of 1987 do not affect the validity of any existing
regulations of the Department of Toxic Substances Control relating to
the management of used oil blended or diluted with virgin oil or any
partially refined oil product as a hazardous waste, and do not
affect the authority of the Department of Toxic Substances Control to
prohibit blending or diluting used oil with an uncontaminated
product to achieve the standards for recycled oil, as specified in
paragraph (3) of subdivision (a) of Section 25250.1 of the Health and
Safety Code.
SEC. 1231. Section 3477.1 o f the
Public Resources Code is amended to read:
3477.1. "Board" means the California Integrated Waste
Management Board Environmental Protection Agency
.
SEC. 1232. Section 4002 of the Public
Resources Code is amended to read:
4002. "Board" means the State Board
Department of Forestry and Fire Protection.
SEC. 1233. Section 4521.3 of the Public
Resources Code is amended to read:
4521.3. "Board" means the State Board
Department of Forestry and Fire Protection.
SEC. 1234. Section 4662 of the Public
Resources Code is amended to read:
4662. The department is responsible for the establishment and
development of the Soquel Demonstration State Forest and for ongoing
maintenance and operations. The director shall appoint an advisory
committee to assist the department in planning future management of
the forest. The advisory committee shall include representatives of
the Santa Cruz County Board of Supervisors, the Department of Parks
and Recreation, the State Board Department
of Forestry and Fire Protection, the Forest of Nisene Marks
Advisory Committee, and the Department of Fish and Game.
SEC. 1235. Section 4789.2 of the Public
Resources Code is amended to read:
4789.2. As used in this chapter:
(a) "Board" means the State Board
Department of Forestry and Fire Protection.
(b) "Resources Planning Act" means the Forest and Rangelands
Renewable Resources Planning Act of 1974 (16 U.S.C. Secs. 1601 to
1610, incl.).
(c) "Assessment" means the forest resource assessment and analysis
developed pursuant to Section 4789.3.
(d) "Director" means the Director of Forestry and Fire Protection.
(e) "Forest and rangeland resources" means those uses and values
associated with, attainable from, or closely tied to, forest and
rangelands, including fish, range, recreation, timber, watershed,
wilderness, and wildlife.
(f) "Forest land" means timberland defined pursuant to subdivision
(g), and other lands that have been withdrawn from timber
production, such as units of the state park system, national parks,
and wilderness areas.
(g) "Timberland" means land on which is growing a significant
stand of trees of commercial species, or potential commercial
species, either in public or private ownership or that is generally
capable of maintaining a stand of trees in perpetuity and not
withdrawn or otherwise devoted to uses other than timber production.
(h) "Timber" means wood fiber of commercial or potential
commercial species growing on timberland as defined in subdivision
(g).
(i) "Rangeland" means land on which the existing vegetation,
whether growing naturally or through management, is suitable for
grazing or browsing of domestic livestock for at least a portion of
the year. Rangeland includes any natural grasslands, savannas,
shrublands (including chaparral), deserts, wetlands, and woodlands
(including Eastside ponderosa pine, pinyon, juniper, and oak) which
support a vegetative cover of native grasses, grasslike plants,
forbs, shrubs, or naturalized species.
SEC. 1236. Section 5070.3 of the Public
Resources Code is amended to read:
5070.3. Unless the context otherwise requires, the following
definitions shall govern construction of this article:
(a) "Affirmative access area" means an area of already existing
disability access improvements along a heritage corridor.
(b) "Committee" means the California Recreational Trails
Committee.
(b) "Department" means the Department of Parks and Recreation.
(c) "Heritage corridor" means a regional, state, or nationwide
alignment of historical, natural, or conservation education
significance, with roads, state and other parks, greenways, or
parallel recreational trails, intended to have guidebooks, signs, and
other features to enable self-guiding tourism, and environmental
conservation education along most of its length and of all or some of
the facilities open to the public along its length, with an emphasis
on facilities whose physical and interpretive accessibility meet
"whole-access" goals.
(d) "Heritage corridors access map" means a 1:500,000 publicly
distributed map combining listings and locations of parks, trails,
museums, and roadside historical and natural access points, including
disability and interpretive access data, along designated heritage
corridors.
(e) "Plan" means the California Recreational Trails System Plan.
(f) "System" means the California Recreational Trails System.
(g) "Whole-access" means a general level of trail and human
accessibility that includes not only disabled persons but all others
making up the "easy-access" majority of the public. This level of
accessibility may also benefit from amplified concepts of natural
terrain accessibility and cooperation with volunteer and nonprofit
accessibility groups.
SEC. 1237. Section 5073.5 of the Public
Resources Code is repealed.
5073.5. The Governor shall establish a California Recreational
Trails Committee to advise the director in the development and
coordination of the system. The committee shall consist of seven
members appointed by the Governor. Two members shall be selected from
the northern, two members from the southern, and two members from
the central portions of the state, and one member shall be selected
at large. Members shall be selected from lists submitted by private
organizations which have a demonstrated interest in the establishment
of recreation trails. The chairman of the committee shall be elected
by the members from their membership.
SEC. 1238. Section 5073.5 is added to the
Public Resources Code , to read:
5073.5. (a) The California Recreational Trails Committee is
hereby abolished.
(b) The department or the director, as appropriate, succeeds to,
and is vested with, all the duties, powers, purposes,
responsibilities, and jurisdiction of the California Recreational
Trails Committee.
(c) Any reference in law to the California Recreational Trails
Committee shall be construed as a reference to the department or the
director, as applicable.
(d) All officers and employees of the California Recreational
Trails Committee who are serving in the state civil service, other
than as temporary employees, shall be transferred to the department.
The status, positions, and rights of those persons shall not be
affected by the transfer and shall be retained by those persons as
officers and employees of the department, pursuant to the State Civil
Service Act (Part 2 (commencing with Section 18500) of Division 5 of
Title 2 of the Government Code), except as to positions exempt from
the civil service.
(e) The department or director, as appropriate, shall have
possession and control of all records, papers, offices, equipment,
supplies, moneys, funds, appropriations, licenses, permits,
agreements, contracts, claims, judgments, land, and other property,
real or personal, connected with the administration of, or held for,
the benefit or use of the California Recreational Trails Committee.
(f) Any regulation or other action, adopted, prescribed, taken, or
performed by an agency or officer in the administration of a program
or the performance of a duty, responsibility, or authorization
transferred pursuant to this section shall remain in effect and shall
be deemed to be a regulation or action of the agency or officer to
whom the program, duty, responsibility, or authorization is
transferred.
(g) No suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty,
responsibility, or authorization transferred pursuant to this
section, shall abate by reason of the transfer of the program, duty,
responsibility, or authorization under this section.
(h) The unexpended balance of funds that were available for use by
the California Recreational Trails Committee in carrying out
functions transferred to the department under this section shall be
made available for the use of the department.
SEC. 1239. Section 5073.7 of the Public
Resources Code is repealed.
5073.7. The terms of the members of the committee shall be four
years, except that such members first appointed to the committee
shall classify themselves by lot so that the term of three members
shall expire January 15, 1976, the term of two members shall expire
January 15, 1977, and the term of two members shall expire January
15, 1978.
Members of the committee shall serve without compensation, but
shall be reimbursed for actual and necessary expenses, including
traveling expenses, incurred in the performance of their duties.
SEC. 1240. Section 5074 of the Public
Resources Code is amended to read:
5074. The committee department
shall have the following powers and duties:
(a) Coordinate trail planning and development among cities,
counties, and districts. In carrying out this responsibility, the
committee department shall review
records of easements and other interests in lands which are available
for recreational trail usage, including public lands, utility
easements, other rights-of-way, gifts, or surplus public lands which
may be adaptable for such use, and shall advise the director in the
development of standards for trail construction so that uniform
construction standards may be available to cities, counties, and
districts.
(b) Advise the director in the preparation and maintenance of the
plan.
(c)
(b) Study the problems and opportunities presented by
the use of private property for recreational trail use and advise the
director on measures to mitigate undesirable aspects of
such that usage.
SEC. 1241. Section 5093.52 of the
Public Resources Code is amended to read:
5093.52. As used in this chapter, the following terms have the
following meaning:
(a) "Secretary" means the Secretary of the Resources Agency.
(b) "Resources Agency" means the Secretary of the Resources Agency
and any constituent units of the Resources Agency that the secretary
determines to be necessary to accomplish the purposes of this
chapter.
(c) "River" means the water, bed, and shoreline of rivers,
streams, channels, lakes, bays, estuaries, marshes, wetlands, and
lagoons, up to the first line of permanently established riparian
vegetation.
(d) "Free-flowing" means existing or flowing without artificial
impoundment, diversion, or other modification of the river. The
presence of low dams, diversion works, and other minor structures
does not automatically bar a river's inclusion within the system.
However, this subdivision does not authorize or encourage future
construction of those structures on any component of the system.
(e) "System" means the California Wild and Scenic Rivers System.
(f) "Land use regulation" means the regulation by any state or
local governmental entity, agency, or official of any activities that
take place other than directly on the waters of the segments of the
rivers designated in Section 5093.54.
(g) "Director" means the Director of Fish and Game.
(h) "Immediate environments" means the land immediately adjacent
to the segments of the rivers designated in Section 5093.54.
(i) "Special treatment areas" means, for purposes of this chapter,
those areas defined as special treatment areas in Section 895.1 of
Title 14 of the California Code of Regulations, as in effect on
January 1, 2004, as that definition applies to wild and scenic river
segments designated from time to time in Section 5093.54, and also
includes areas within 200 feet of the watercourse transition line of
a state-designated recreational river segment designated in Section
5093.54 that may be at risk during timber operations.
(j) "Board" means the State Board
Department of Forestry and Fire Protection.
SEC. 1242. Section 6327 of the Public
Resources Code is amended to read:
6327. The commission may, upon written application, grant a
permit for the use and occupancy of state lands under the
jurisdiction of the commission for the installation of facilities for
procurement of fresh-water from , and construction of
drainage facilities into , navigable rivers, streams,
lakes , and bays, except that if such
the applicant obtain obtains
the required permit for such the use
from the local reclamation district, the Reclamation Board,
the Department of Water Resources, the California Debris
Commission , or the Corps of Engineers of the
United States Army, then such United States Army Corps
of Engineers, the application shall not be required by the
State Lands Commission commission .
SEC. 1243. Section 12220 of the Public
Resources Code is amended to read:
12220. Unless the context otherwise requires, the definitions in
this article govern the construction of this division.
(a) "Applicant" means a landowner who is eligible for cost-sharing
grants pursuant to the federal Forest Legacy Program (16 U.S.C. Sec.
2103 et seq.) or who is eligible to participate in the California
Forest Legacy Program and the operation of the program, with regard
to that applicant, does not rely on federal funding.
(b) "Biodiversity" is a component and measure of ecosystem health
and function. It is the number and genetic richness of different
individuals found within the population of a species, of populations
found within a species range, of different species found within a
natural community or ecosystem, and of different communities and
ecosystems found within a region.
(c) "Board" means the State Board
Department of Forestry and Fire Protection.
(d) "Conservation easement" has the same meaning as found in
Chapter 4 (commencing with Section 815) of Title 2 of Part 2 of
Division 2 of the Civil Code.
(e) "Conversions" is a generic term for situations in which forest
lands become used for nonforest uses, particularly those uses that
alter the landscape in a relatively permanent fashion.
(f) "Department" means the Department of Forestry and Fire
Protection and "director" means the Director of Forestry and Fire
Protection.
(g) "Forest land" is land that can support 10-percent native tree
cover of any species, including hardwoods, under natural conditions,
and that allows for management of one or more forest resources,
including timber, aesthetics, fish and wildlife, biodiversity, water
quality, recreation, and other public benefits.
(h) "Landowner" means an individual, partnership, private, public,
or municipal corporation, Indian tribe, state agency, county, or
local government entity, educational institution, or association of
individuals of whatever nature that own private forest lands or
woodlands.
(i) "Local government" means a city, county, district, or city and
county.
(j) "Nonprofit organization" means any qualified land trust
organization, as defined in Section 170(h)(3) of Title 26 of the
United States Code, that is organized for one of the purposes of
Section 170(b)(1)(A)(vi) or 170(h)(3) of Title 26 of the United
States Code, and that has, among its purposes, the conservation of
forest lands.
(k) "Program" means the California Forest Legacy Program
established under this division.
(l) "Woodlands" are forest lands composed mostly of hardwood
species such as oak.
SEC. 1244. Section 15004 of the Public
Resources Code is amended to read:
15004. "Board" means the California Integrated Waste
Management Board Environmental Protection Agency
.
SEC. 1245. Section 25301 of the Public
Resources Code is amended to read:
25301. (a) At least every two years, the commission shall conduct
assessments and forecasts of all aspects of energy industry supply,
production, transportation, delivery and distribution, demand, and
prices. The commission shall use these assessments and forecasts to
develop energy policies that conserve resources, protect the
environment, ensure energy reliability, enhance the state's economy,
and protect public health and safety. To perform these assessments
and forecasts, the commission may require submission of demand
forecasts, resource plans, market assessments, and related outlooks
from electric and natural gas utilities, transportation fuel and
technology suppliers, and other market participants. These
assessments and forecasts shall be done in consultation with the
appropriate state and federal agencies including, but not limited to,
the Public Utilities Commission, the Office of Ratepayer Advocates,
the Air Resources Board, the Electricity Oversight Board,
the Independent System Operator, the Department of Water
Resources, the California Consumer Power and Conservation
Financing Authority, the Department of Transportation, and
the Department of Motor Vehicles.
(b) In developing the assessments and forecasts prepared pursuant
to subdivision (a), the commission shall do all of the following:
(1) Provide information about the performance of energy
industries.
(2) Develop and maintain the analytical capability sufficient to
answer inquiries about energy issues from government, market
participants, and the public.
(3) Analyze and develop energy policies.
(4) Provide an analytical foundation for regulatory and policy
decisionmaking.
(5) Facilitate efficient and reliable energy markets.
SEC. 1246. Section 25302 of the Public
Resources Code is amended to read:
25302. (a) Beginning November 1, 2003, and every two years
thereafter, the commission shall adopt an integrated energy policy
report. This integrated report shall contain an overview of major
energy trends and issues
facing the state, including, but not limited to, supply, demand,
pricing, reliability, efficiency, and impacts on public health and
safety, the economy, resources, and the environment. Energy markets
and systems shall be grouped and assessed in three subsidiary
volumes:
(1) Electricity and natural gas markets.
(2) Transportation fuels, technologies, and infrastructure.
(3) Public interest energy strategies.
(b) The commission shall compile the integrated energy policy
report prepared pursuant to subdivision (a) by consolidating the
analyses and findings of the subsidiary volumes in paragraphs (1),
(2), and (3) of subdivision (a). The integrated energy policy report
shall present policy recommendations based on an indepth and
integrated analysis of the most current and pressing energy issues
facing the state. The analyses supporting this integrated energy
policy report shall explicitly address interfuel and intermarket
effects to provide a more informed evaluation of potential tradeoffs
when developing energy policy across different markets and systems.
(c) The integrated energy policy report shall include an
assessment and forecast of system reliability and the need for
resource additions, efficiency, and conservation that considers all
aspects of energy industries and markets that are essential for the
state economy, general welfare, public health and safety, energy
diversity, and protection of the environment. This assessment shall
be based on determinations made pursuant to this chapter.
(d) Beginning November 1, 2004, and every two years thereafter,
the commission shall prepare an energy policy review to update
analyses from the integrated energy policy report prepared pursuant
to subdivisions (a), (b), and (c), or to raise energy issues that
have emerged since the release of the integrated energy policy
report. The commission may also periodically prepare and release
technical analyses and assessments of energy issues and concerns to
provide timely and relevant information for the Governor, the
Legislature, market participants, and the public.
(e) In preparation of the report, the commission shall consult
with the following entities: the Public Utilities Commission, the
Office of Ratepayer Advocates, the State Air Resources Board,
the Electricity Oversight Board, the Independent
System Operator, the Department of Water Resources, the
California Consumer Power and Conservation Financing Authority,
the Department of Transportation, and the Department of
Motor Vehicles, and any federal, state, and local agencies it deems
necessary in preparation of the integrated energy policy report. To
assure collaborative development of state energy policies, these
agencies shall make a good faith effort to provide data, assessment,
and proposed recommendations for review by the commission.
(f) The commission shall provide the report to the Public
Utilities Commission, the Office of Ratepayer Advocates, the State
Air Resources Board, the Electricity Oversight Board,
the Independent System Operator, the Department of Water
Resources, the California Consumer Power and Conservation
Financing Authority, and the Department of Transportation.
For the purpose of ensuring consistency in the underlying information
that forms the foundation of energy policies and decisions affecting
the state, those entities shall carry out their energy-related
duties and responsibilities based upon the information and analyses
contained in the report. If an entity listed in this subdivision
objects to information contained in the report, and has a reasonable
basis for that objection, the entity shall not be required to
consider that information in carrying out its energy-related duties.
(g) The commission shall make the report accessible to state,
local, and federal entities and to the general public.
SEC. 1247. Section 25402.1 of the Public
Resources Code is amended to read:
25402.1. In order to implement the requirements of subdivisions
(a) and (b) of Section 25402, the commission shall do all of the
following:
(a) Develop a public domain computer program which will enable
contractors, builders, architects, engineers, and government
officials to estimate the energy consumed by residential and
nonresidential buildings. The commission may charge a fee for the use
of the program, which fee shall be based upon the actual cost of the
program, including any computer costs.
(b) Establish a formal process for certification of compliance
options for new products, materials, and calculation methods which
provides for adequate technical and public review to ensure accurate,
equitable, and timely evaluation of certification applications.
Proponents filing applications for new products, materials, and
calculation methods shall provide all information needed to evaluate
the application that is required by the commission. The commission
shall publish annually the results of its certification decisions and
instructions to users and local building officials concerning
requirements for showing compliance with the building standards for
new products, materials, or calculation methods. The commission may
charge and collect a reasonable fee from applicants to cover the
costs under this subdivision. Any funds received by the commission
for purposes of this subdivision shall be deposited in the Energy
Resources Programs Account and, notwithstanding Section 13340 of the
Government Code, are continuously appropriated to the commission for
the purposes of this subdivision. Any unencumbered portion of funds
collected as a fee for an application remaining in the Energy
Resources Programs Account after completion of the certification
process for that application shall be returned to the applicant
within a reasonable period of time.
(c) Include a prescriptive method of complying with the standards,
including design aids such as a manual, sample calculations, and
model structural designs.
(d) Conduct a pilot project of field testing of actual residential
buildings to calibrate and identify potential needed changes in the
modeling assumptions to increase the accuracy of the public domain
computer program specified in subdivision (a) and to evaluate the
impacts of the standards, including, but not limited to, the energy
savings, cost effectiveness, and the effects on indoor air quality.
The pilot project shall be conducted pursuant to a contract entered
into by the commission. The commission shall consult with
the participants designated pursuant to Section 9202 of the Public
Utilities Code to seek funding and support for field monitoring in
each public utility service territory, with the University
of California to take advantage of its extensive building monitoring
expertise, and with the California Building Industry Association to
coordinate the involvement of builders and developers throughout the
state. The pilot project shall include periodic public workshops to
develop plans and review progress. The commission shall prepare and
submit a report to the Legislature on progress and initial findings
not later than December 31, 1988, and a final report on the results
of the pilot project on residential buildings not later than June 30,
1990. The report shall include recommendations regarding the need
and feasibility of conducting further monitoring of actual
residential and nonresidential buildings. The report shall also
identify any revisions to the public domain computer program and
energy conservation standards if the pilot project determines that
revisions are appropriate.
(e) Certify, not later than 180 days after approval of the
standards by the State Building Standards Commission
Department of General Services , an energy
conservation manual for use by designers, builders, and contractors
of residential and nonresidential buildings. The manual shall be
furnished upon request at a price sufficient to cover the costs of
production and shall be distributed at no cost to all affected local
agencies. The manual shall contain, but not be limited to, the
following:
(1) The standards for energy conservation established by the
commission.
(2) Forms, charts, tables, and other data to assist designers and
builders in meeting the standards.
(3) Design suggestions for meeting or exceeding the standards.
(4) Any other information which the commission finds will assist
persons in conforming to the standards.
(5) Instructions for use of the computer program for calculating
energy consumption in residential and nonresidential buildings.
(6) The prescriptive method for use as an alternative to the
computer program.
(f) The commission shall establish a continuing program of
technical assistance to local building departments in the enforcement
of subdivisions (a) and (b) of Section 25402 and this section. The
program shall include the training of local officials in building
technology and enforcement procedures related to energy conservation,
and the development of complementary training programs conducted by
local governments, educational institutions, and other public or
private entities. The technical assistance program shall include the
preparation and publication of forms and procedures for local
building departments in performing the review of building plans and
specifications. The commission shall provide, on a contract basis, a
review of building plans and specifications submitted by a local
building department, and shall adopt a schedule of fees sufficient to
repay the cost of those services.
(g) Subdivisions (a) and (b) of Section 25402 and this section,
and the rules and regulations of the commission adopted pursuant
thereto, shall be enforced by the building department of every city,
county, or city and county.
(1) No building permit for any residential or nonresidential
building shall be issued by a local building department, unless a
review by the building department of the plans for the proposed
residential or nonresidential building contains detailed energy
system specifications and confirms that the building satisfies the
minimum standards established pursuant to subdivision (a) or (b) of
Section 25402 and this section applicable to the building.
(2) Where there is no local building department, the commission
shall enforce subdivisions (a) and (b) of Section 25402 and this
section.
(3) If a local building department fails to enforce subdivisions
(a) and (b) of Section 25402 and this section or any other provision
of this chapter or standard adopted pursuant thereto, the commission
may provide enforcement after furnishing 10 days' written notice to
the local building department.
(4) A city, county, or city and county may, by ordinance or
resolution, prescribe a schedule of fees sufficient to pay the costs
incurred in the enforcement of subdivisions (a) and (b) of Section
25402 and this section. The commission may establish a schedule of
fees sufficient to pay the costs incurred by that enforcement.
(5) No construction of any state building shall commence until the
Department of General Services or the state agency that otherwise
has jurisdiction over the property reviews the plans for the proposed
building and certifies that the plans satisfy the minimum standards
established pursuant to subdivision (a) or (b) of
Chapter 2.8 (commencing with Section 15814.30) of Part 10b of
Division 3 of Title 2 of the Government Code, subdivision (a) or
(b) of Section 25402, and this section which are applicable to
the building.
(h) Subdivisions (a) and (b) of Section 25402 and this section
shall apply only to new residential and nonresidential buildings on
which actual site preparation and construction have not commenced
prior to the effective date of rules and regulations adopted pursuant
to those sections that are applicable to those buildings. Nothing in
those sections shall prohibit either of the following:
(1) The enforcement of state or local energy conservation or
energy insulation standards, adopted prior to the effective date of
rules and regulations adopted pursuant to subdivisions (a) and (b) of
Section 25402 and this section with regard to residential and
nonresidential buildings on which actual site preparation and
construction have commenced prior to that date.
(2) The enforcement of city or county energy conservation or
energy insulation standards, whenever adopted, with regard to
residential and nonresidential buildings on which actual site
preparation and construction have not commenced prior to the
effective date of rules and regulations adopted pursuant to
subdivisions (a) and (b) of Section 25402 and this section, if the
city or county files the basis of its determination that the
standards are cost effective with the commission and the commission
finds that the standards will require the diminution of energy
consumption levels permitted by the rules and regulations adopted
pursuant to those sections. If, after two or more years after the
filing with the commission of the determination that those standards
are cost effective, there has been a substantial change in the
factual circumstances affecting the determination, upon application
by any interested party, the city or county shall update and file a
new basis of its determination that the standards are cost effective.
The determination that the standards are cost effective shall be
adopted by the governing body of the city or county at a public
meeting. If, at the meeting on the matter, the governing body
determines that the standards are no longer cost effective, the
standards shall, as of that date, be unenforceable and no building
permit or other entitlement shall be denied based on the
noncompliance with the standards.
(i) The commission may exempt from the requirements of this
section and of any regulations adopted pursuant thereto any proposed
building for which compliance would be impossible without substantial
delays and increases in cost of construction, if the commission
finds that substantial funds have been expended in good faith on
planning, designing, architecture or engineering prior to the date of
adoption of the regulations.
(j) If a dispute arises between an applicant for a building
permit, or the state pursuant to paragraph (5) of subdivision (g),
and the building department regarding interpretation of Section 25402
or the regulations adopted pursuant thereto, either party may submit
the dispute to the commission for resolution. The commission's
determination of the matter shall be binding on the parties.
(k) Nothing in Section 25130, 25131, or 25402, or in this section
prevents enforcement of any regulation adopted pursuant to this
chapter, or Chapter 11.5 (commencing with Section 19878) of Part 3 of
Division 13 of the Health and Safety Code as they existed prior to
September 16, 1977.
SEC. 1248. Section 25402.2 of the
Public Resources Code is amended to read:
25402.2. Any standard adopted by the commission pursuant to
Sections 25402 and 25402.1, which is a building standard as defined
in Section 25488.5, shall be submitted to the State Building
Standards Commission Department of General Services
for approval pursuant to, and is governed by, the State
Building Standards Law (Part 2.5 (commencing with Section 18901) of
Division 13 of the Health and Safety Code). Building standards
adopted by the commission and published in the State Building
Standards Code shall be enforced as provided in Sections 25402 and
25402.1.
SEC. 1249. Section 25417.5 of the Public
Resources Code is amended to read:
25417.5. (a) In furtherance of the purposes of the commission as
set forth in this chapter, the commission has the power and authority
to do all of the following:
(1) Borrow money, for the purpose of obtaining funds to make loans
pursuant to this chapter, from the California Economic Development
Financing Authority , and the
California Infrastructure and Economic Development Bank ,
and the California Consumer Power and Conservation Financing
Authority from the proceeds of revenue bonds issued by any
of those agencies , or from the proceeds of revenue bonds issued
pursuant to the California Consumer Power and Conservation Financing
Act (Division 1.5 (commencing with Section 3300 ) of the
Public Utilities Code) .
(2) Pledge, to provide collateral in connection with the borrowing
of money pursuant to paragraph (1), loans made pursuant to this
chapter or Chapter 5.4 (commencing with Section 25440), or the
principal and interest payments on loans made pursuant to this
chapter or Chapter 5.4 (commencing with Section 25440).
(3) Sell loans made pursuant to this chapter or Chapter 5.4
(commencing with Section 25440), at prices determined in the sole
discretion of the commission, to the California Economic
Development Financing Authority , the California
Infrastructure and Economic Development Bank , and the
California Consumer Power and Conservation Financing Authority
to raise funds to enable the commission to make loans to
eligible institutions.
(4) Enter into loan agreements or other contracts necessary or
appropriate in connection with the pledge or sale of loans pursuant
to paragraph (2) or (3), or the borrowing of money as provided in
paragraph (1), containing any provisions that may be required by
the California Economic Development Financing Authority,
the California Infrastructure and Economic Development Bank
, or the California Consumer Power and Conservation
Financing Authority as conditions of issuing bonds to fund
loans to, or the purchase of loans from, the commission.
(b) In connection with the pledging of loans, or of the principal
and interest payment on loans, pursuant to paragraph (2) of
subdivision (a), the commission may enter into pledge agreements
setting forth the terms and conditions pursuant to which the
commission is pledging loans or the principal and interest payment on
loans, and may also agree to have the loans held by bond trustees or
by independent collateral or escrow agents and to direct that
payments received on those loans be paid to those trustee,
collateral, or escrow agents.
(c) The commission may employ financial consultants, legal
advisers, accountants, and other service providers, as may be
necessary in its judgment, in connection with activities pursuant to
this chapter.
(d) Notwithstanding any other provision of law, this chapter
provides a complete, separate, additional, and alternative method for
implementing the measures authorized by this chapter, including the
authority of the eligible institutions or local jurisdictions to have
borrowed and to borrow in the future pursuant to loans made pursuant
to this chapter or Chapter 5.4 (commencing with Section 25440), and
is supplemental and additional to powers conferred by other laws.
SEC. 1250. Section 25443.5 of the
Public Resources Code is amended to read:
25443.5. (a) In furtherance of the purposes of the commission as
set forth in this chapter, the commission has the power and authority
to do all of the following:
(1) Borrow money, for the purpose of obtaining funds to make loans
pursuant to this chapter, from the California Economic
Development Financing Authority, the California
Infrastructure and Economic Development Bank , and the
California Consumer Power and Conservation Financing Authority
from the proceeds of revenue bonds issued by any of those
agencies , or from the proceeds of revenue bonds
issued pursuant to the California Consumer Power and Conservation
Financing Act (Division 1.5 (commencing with Section 3300) of the
Public Utilities Code) .
(2) Pledge, to provide collateral in connection with the borrowing
of money pursuant to paragraph (1), loans made pursuant to this
chapter or Chapter 5.2 (commencing with Section 25410), or the
principal and interest payments on loans made pursuant to this
chapter or Chapter 5.2 (commencing with Section 25410).
(3) Sell loans made pursuant to this chapter or Chapter 5.2
(commencing with Section 25410), at prices determined in the sole
discretion of the commission, to the California Economic
Development Financing Authority , the
California Infrastructure and Economic Development Bank ,
and the California Consumer Power and Conservation Financing
Authority to raise funds to enable the commission to make
loans to eligible institutions.
(4) Enter into loan agreements or other contracts necessary or
appropriate in connection with the pledge or sale of loans pursuant
to paragraph (2) or (3), or the borrowing of money as provided in
paragraph (1), containing any provisions that may be required by
the California Economic Development Financing Authority,
the California Infrastructure and Economic Development Bank
, or the California Consumer Power and Conservation
Financing Authority as conditions of issuing bonds to fund
loans to, or the purchase of loans from, the commission.
(b) In connection with the pledging of loans, or of the principal
and interest payment on loans, pursuant to paragraph (2) of
subdivision (a), the commission may enter into pledge agreements
setting forth the terms and conditions pursuant to which the
commission is pledging loans or the principal and interest payment on
loans, and may also agree to have the loans held by bond trustees or
by independent collateral or escrow agents and to direct that
payments received on those loans be paid to those trustee,
collateral, or escrow agents.
(c) The commission may employ financial consultants, legal
advisers, accountants, and other service providers, as may be
necessary in its judgment, in connection with activities pursuant to
this chapter.
(d) Notwithstanding any other provision of law, this chapter
provides a complete, separate, additional, and alternative method for
implementing the measures authorized by this chapter, including the
authority of the eligible institutions or local jurisdictions to have
borrowed and to borrow in the future pursuant to loans made pursuant
to this chapter or Chapter 5.2 (commencing with Section 25410), and
is supplemental and additional to powers conferred by other laws.
SEC. 1251. Section 25534 of the Public
Resources Code is amended to read:
25534. (a) The commission may, after one or more hearings, amend
the conditions of, or revoke the certification for, any facility for
any of the following reasons:
(1) Any material false statement set forth in the application,
presented in proceedings of the commission, or included in
supplemental documentation provided by the applicant.
(2) Any significant failure to comply with the terms or conditions
of approval of the application, as specified by the commission in
its written decision.
(3) A violation of this division or any regulation or order issued
by the commission under this division.
(4) The owner of a project does not start construction of the
project within 12 months after the date all permits necessary for the
project become final and all administrative and judicial appeals
have been resolved provided the California Consumer Power
and Conservation Financing Authority notifies the and
the commission determines that it is willing and
able to construct the project pursuant to subdivision (g). The
project owner may extend the 12-month period by 24 additional months
pursuant to subdivision (f). This paragraph applies only to projects
with a project permit application deemed complete by the commission
after January 1, 2003.
(b) The commission may also administratively impose a civil
penalty for a violation of paragraph (1) or (2) of subdivision (a).
Any civil penalty shall be imposed in accordance with Section 25534.1
and may not exceed seventy-five thousand dollars ($75,000) per
violation, except that the civil penalty may be increased by an
amount not to exceed one thousand five hundred dollars ($1,500) per
day for each day in which the violation occurs or persists, but the
total of the per day penalties may not exceed fifty thousand dollars
($50,000).
(c) A project owner shall commence construction of a project
subject to the start-of-construction deadline provided by paragraph
(4) of subdivision (a) within 12 months after the project has been
certified by the commission and after all accompanying project
permits are final and administrative and judicial appeals have been
completed. The project owner shall submit construction and commercial
operation milestones to the commission within 30 days after project
certification. Construction milestones shall require the start of
construction within the 12-month period established by this
subdivision. The commission shall approve milestones within 60 days
after project certification. If the 30-day deadline to submit
construction milestones to the commission is not met, the commission
shall establish milestones for the project.
(d) The failure of the owner of a project subject to the
start-of-construction deadline provided by paragraph (4) of
subdivision (a) to meet construction or commercial operation
milestones, without a finding by the commission of good cause, shall
be cause for revocation of certification or the imposition of other
penalties by the commission.
(e) A finding by the commission that there is good cause for
failure to meet the start-of-construction deadline required by
paragraph (4) of subdivision (a) or any subsequent milestones of
subdivision (c) shall be made if the commission determines that any
of the following criteria are met:
(1) The change in any deadline or milestone does not change the
established deadline or milestone for the start of commercial
operation.
(2) The deadline or milestone is changed due to circumstances
beyond the project owner's control, including, but not limited to,
administrative and legal appeals.
(3) The deadline or milestone will be missed but the project owner
demonstrates a good faith effort to meet the project deadline or
milestone.
(4) The deadline or milestone will be missed due to unforeseen
natural disasters or acts of God that prevent timely completion of
the project deadline or milestone.
(5) The deadline or milestone will be missed for any other reason
determined reasonable by the commission.
(f) The commission shall extend the start-of-construction deadline
required by paragraph (4) of subdivision (a) by an additional 24
months, if the owner reimburses the commission's actual cost of
licensing the project, less
the amount paid pursuant to subdivision (a) of Section
25806. For the purposes of this section, the commission's actual cost
of licensing the project shall be based on a certified audit report
filed by the commission staff within 180 days of the commission's
certification of the project. The certified audit shall be filed and
served on all parties to the proceeding, is subject to public review
and comment, and is subject to at least one public hearing if
requested by the project owner. Any reimbursement received by the
commission pursuant to this subdivision shall be deposited in the
General Fund.
(g) If the owner of a project subject to the start-of-construction
deadline provided by paragraph (4) of subdivision (a) fails to
commence construction, without good cause, within 12 months after the
project has been certified by the commission and has not received an
extension pursuant to subdivision (f), the commission shall
provide immediate notice to the California Consumer Power and
Conservation Financing Authority. The authority shall
evaluate whether to pursue the project independently or in
conjunction with any other public or private entity, including the
original certificate holder , pursuant to the California
Consumer Power and Conservation Financing Act (Division 1.5
(commencing with Section 3300) of the Public Utilities Code) .
If the authority demonstrates to the commission
determines that it is willing and able to construct the
project either independently or in conjunction with any other public
or private entity, including the original certificate holder, the
commission may revoke the original certification and issue a new
certification for the project to the authority
commission to construct the project pursuant to the California
Consumer and Power Conservation Financing Act , unless the
authority's commission's statutory
authorization to finance or approve new programs, enterprises, or
projects pursuant to that act has expired. If the
authority commission declines to pursue the
project, the permit shall remain with the current project owner until
it expires pursuant to the regulations adopted by the commission.
(h) If the commission issues a new certification for a project
subject to the start-of-construction deadline provided by paragraph
(4) of subdivision (a) to the authority
commission , the commission shall adopt new milestones for the
project that allow the authority commission
up to 24 months to start construction of the project or to
start to meet the applicable deadlines or milestones. If the
authority commission fails to begin
construction in conformity with the deadlines or milestones adopted
by the commission under this subdivision
, without good cause, the certification may be revoked.
(i) (1) If the commission issues a new certification for a project
subject to the start-of-construction deadline provided by paragraph
(4) of subdivision (a) to the authority
commission and the authority pursues the
project without participation of the original certificate holder, the
authority commission shall offer to
reimburse the original certificate holder for the actual costs the
original certificate holder incurred in permitting the project and in
procuring assets associated with the license, including, but not
limited to, major equipment and the emission offsets. In order to
receive reimbursement, the original certificate holder shall provide
to the commission documentation of the actual costs incurred in
permitting the project. The commission shall validate those costs.
The certificate holder may refuse to accept the offer of
reimbursement for any asset associated with the license and retain
the asset. To the extent the certificate holder chooses to accept the
offer for an asset, it shall provide the authority
commission with the asset.
(2) If the authority commission
reimburses the original certificate holder for the costs described in
paragraph (1), the original certificate holder shall provide the
authority commission with all of the
assets for which the original certificate holder received
reimbursement.
(j) This section does not prevent a certificate holder from
selling its license to construct and operate a project prior to its
revocation by the commission. In the event of a sale to an entity
that is not an affiliate of the certificate holder, the commission
shall adopt new deadlines or milestones for the project that allow
the new certificate holder up to 12 months to start construction of
the project or to start to meet the applicable deadlines or
milestones.
(k) Paragraph (4) of subdivision (a) and subdivisions (c) to (j),
inclusive, do not apply to licenses issued for the modernization,
repowering, replacement, or refurbishment of existing facilities or
to a qualifying small power production facility or a qualifying
cogeneration facility within the meaning of Sections 201 and 210 of
Title II of the federal Public Utility Regulatory Policies Act of
1978 (16 U.S.C. Secs. 796(17), 796(18), and 824a-3), and the
regulations adopted pursuant to those sections by the Federal Energy
Regulatory Commission (18 C.F.R. Parts 292.101 to 292.602,
inclusive), nor shall those provisions apply to any other generation
units installed, operated, and maintained at a customer site
exclusively to serve that facility's load. For the purposes of this
subdivision, "replacement" of an existing facility includes, but is
not limited to, a comparable project at a location different than the
facility being replaced, provided that the commission certifies that
the new project will result in the decommissioning of the existing
facility.
(l) Paragraph (4) of subdivision (a) and subdivisions (c) to (j),
inclusive, do not apply to licenses issued to "local publicly owned
electric utilities" as defined in subdivision (d) of Section 9604 of
the Public Utilities Code whose governing bodies certify to the
commission that the project is needed to meet the projected native
load of the local publicly owned utility.
(m) To implement this section, the commission and the
California Consumer Power and Conservation Financing Authority may,
in consultation with each other, may adopt
emergency regulations in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code. For purposes of that chapter, including, without limitation,
Section 11349.6 of the Government Code, the adoption of the
regulations shall be considered by the Office of Administrative Law
to be necessary for the immediate preservation of the public peace,
health and safety, or general welfare.
SEC. 1252. Section 25605.5 of the
Public Resources Code is amended to read:
25605.5. Standards adopted by the commission pursuant to Section
25605, which are building standards as defined in Section 25488.5,
shall be submitted to the State Building Standards
Commission Department of General Services for
approval pursuant to, and are governed by, the State Building
Standards Law (Part 2.5 (commencing with Section 18901) of Division
13 of the Health and Safety Code). Building standards adopted by the
commission and published in the State Building Standards Code shall
comply with, and be enforced as provided in, Section 25605.
SEC. 1253. Section 25770 of the Public
Resources Code is amended to read:
25770. For the purposes of this chapter, the following terms have
the following meanings:
(a) "Board" means the California Integrated Waste
Management Board established pursuant to Division 30 (commencing with
Section 40000) Environmental Protection Agency
.
(b) "Consumer information requirement" means point-of-sale
information or signs that are conspicuously displayed, readily
accessible, and written in a manner that can be easily understood by
the consumer. "Consumer information requirement" does not include
mandatory labeling, imprinting, or other marking, on an individual
tire by the tire manufacturer or the tire retailer.
(c) "Cost effective" means the cost savings to the consumer
resulting from a replacement tire subject to an energy efficiency
standard that equals or exceeds the additional cost to the consumer
resulting from the standard, taking into account the expected fuel
cost savings over the expected life of the replacement tire.
(d) "Replacement tire" means a tire sold in the state that is
designed to replace a tire sold with a new passenger car or
light-duty truck. "Replacement tire" does not include any of the
following tires:
(1) A tire or group of tires with the same SKU, plant, and year,
for which the volume of tires produced or imported is less than
15,000 annually.
(2) A deep tread, winter-type snow tire, a space-saver tire, or a
temporary use spare tire.
(3) A tire with a nominal rim diameter of 12 inches or less.
(4) A motorcycle tire.
(5) A tire manufactured specifically for use in an off-road
motorized recreational vehicle.
SEC. 1254. Section 40110 of the Public
Resources Code is repealed.
40110. "Board" means the California Integrated Waste Management
Board.
SEC. 1255. Section 40110 is added to the
Public Resources Code , to read:
40110. (a) "Agency" for the purposes of this division is the
California Environmental Protection Agency.
(b) "Secretary" for the purposes of this division is the Secretary
for Environmental Protection.
(c) A reference in this division to the "board," other than a
reference to a county board of supervisors, the "state board," or the
"state water board," shall be construed as a reference to the
agency.
(d) A reference in this division to the California Integrated
Waste Management Board shall be construed as a reference to the
agency.
(e) A reference in this division to a "local agency," a "regional
agency," a "state agency," a "public agency," a "city agency," a
"county agency," or a "countywide agency" shall not be construed as a
reference to the California Environmental Protection Agency.
SEC. 1256. Chapter 3 (commencing with Section
40400) of Part 1 of Division 30 of the Public Resources
Code is repealed.
SEC. 1257. Chapter 3 (commencing with Section
40400) is added to Part 1 of Division 30 of the Public
Resources Code , to read:
CHAPTER 3. INTEGRATED WASTE MANAGEMENT
40400. (a) The California Integrated Waste Management Board is
hereby abolished.
(b) The agency or the secretary, as appropriate, succeeds to, and
is vested with, all the duties, powers, purposes, responsibilities,
and jurisdiction of the California Integrated Waste Management Board.
(c) Any reference in law to the California Integrated Waste
Management Board, the State Solid Waste Management Board, or the
California Waste Management Board shall be construed as a reference
to the agency or the secretary, as applicable.
(d) All officers and employees of the California Integrated Waste
Management Board who are serving in the state civil service, other
than as temporary employees, shall be transferred to the agency. The
status, positions, and rights of those persons shall not be affected
by the transfer and shall be retained by those persons as officers
and employees of the department, pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2
of the Government Code), except as to positions exempt from the civil
service.
(e) The agency or the secretary, as appropriate, shall have
possession and control of all records, papers, offices, equipment,
supplies, moneys, funds, appropriations, licenses, permits,
agreements, contracts, claims, judgments, land, and other property,
real or personal, connected with the administration of, or held for,
the benefit or use of the California Integrated Waste Management
Board.
(f) Any regulation or other action, adopted, prescribed, taken, or
performed by an agency or officer in the administration of a program
or the performance of a duty, responsibility, or authorization
transferred pursuant to this section shall remain in effect and shall
be deemed to be a regulation or action of the agency or officer to
whom the program, duty, responsibility, or authorization is
transferred.
(g) No suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty,
responsibility, or authorization transferred pursuant to this
section, shall abate by reason of the transfer of the program, duty,
responsibility, or authorization under this section.
(h) The unexpended balance of funds that were available for use by
the California Integrated Waste Management Board in carrying out
functions transferred to the agency under this section shall be made
available for the use of the agency.
40404. (a) The agency shall adopt rules and regulations, as
necessary, to carry out this division in conformity with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The agency shall make available to any person,
upon request, copies of proposed regulations.
(b) (1) The agency shall adopt regulations regarding city, county,
and regional agency source reduction and recycling elements and
nondisposal facility elements, required to be submitted to the agency
pursuant to Section 41791.5, which shall be deemed to be emergency
regulations and shall be considered by the Office of Administrative
Law as necessary for the immediate preservation of public peace,
health and safety, or general welfare. These emergency regulations
shall not alter the deadlines for the submission of countywide and
regional agency integrated waste management plans specified in
Section 41791.
(2) Prior to adopting the emergency regulations required pursuant
to paragraph (1), the agency shall do all of the following:
(A) Make available to any person, upon request, a copy of the
proposed regulations at least 30 days prior to adoption.
(B) Hold at least two public hearings in different parts of the
state in order to receive public comment on the regulations.
(C) Publish notice in the California Regulatory Notice Register of
the proposed adoption of the emergency regulations, the identity of
a contact person at the agency from whom copies of the proposed
regulations may be obtained, and the dates, times, and locations of
the public hearings that are required pursuant to subparagraph (B).
(c) Any emergency regulations adopted by the agency pursuant to
paragraph (1) of subdivision (b) shall be filed with the Office of
Administrative Law at the earliest feasible date, but not later than
December 31, 1993. Notwithstanding subdivision (e) of Section 11346.1
of the Government Code, any emergency regulations adopted pursuant
to paragraph (1) of subdivision (b) shall remain in effect for not
more than three years from the date of adoption.
40406. For the purposes of this division, the agency shall
maintain its headquarters in the County of Sacramento, and may
establish regional offices in any part of the state that the agency
deems necessary.
40408. In order to carry out its powers and duties under this
chapter, the agency may enter into any contracts that the agency
determines to be necessary.
40410. The agency may accept grants, gifts, and donations for the
purposes specified in this division.
40412. (a) Notwithstanding any other provision of law, the agency
may sell any of its loans made pursuant to this division on the
secondary market and may pool its loans. All proceeds shall be
deposited into the same accounts into which the loan repayments from
each loan would have been deposited, and the use of the proceeds
shall be limited to the authorized uses of these accounts.
(b) The agency shall not sell its loans pursuant to this section
if the loan sale results in more than a 25-percent discount of the
principal amount, excluding any expenses or reserves required as a
condition of the loan sale.
40414. (a) On or before March 1 of each year, the agency shall
file an annual report with the Legislature highlighting significant
programs or actions undertaken by the agency to implement programs
pursuant to this division during the prior calendar year. The report
shall include, but is not limited to, the information described in
subdivision (b).
(b) The agency shall file annual progress reports with the
Legislature covering the activities and actions undertaken by the
agency pursuant to this division in the prior fiscal year. The agency
shall prepare, and may electronically file with the Legislature, the
progress reports throughout the calendar year, as determined by the
agency, on the following programs:
(1) The local enforcement agency program.
(2) The research and development program.
(3) The public education program.
(4) The market development program.
(5) The used oil program.
(6) The planning and local assistance program.
(7) The site cleanup program.
(c) The progress report shall specifically include, but is not
limited to, all of the following information:
(1) Pursuant to paragraph (1) of subdivision (b), the status of
the certification and evaluation of local enforcement agencies
pursuant to Chapter 2 (commencing with Section 43200) of Part 4.
(2) Pursuant to paragraph (2) of subdivision (b), all of the
following information:
(A) The results of the research and development programs
established pursuant to Chapter 13 (commencing with Section 42650) of
Part 3.
(B) A report on information and activities associated with the
establishment of the Plastics Recycling Information Clearinghouse,
pursuant to Section 42520.
(C) A report on the progress in implementing the monitoring and
control program for the subsurface migration of landfill gas
established pursuant to Section 43030, including recommendations, as
needed, to improve the program.
(D) A report on the comparative costs and benefits of the
recycling or conversion processes for waste tires funded pursuant to
Chapter 17 (commencing with Section 42860) of Part 3.
(3) Pursuant to paragraph (3) of subdivision (b), all of the
following information:
(A) A review of actions taken by the agency to educate and inform
individuals and public and private sector entities who generate solid
waste on the importance of source reduction, recycling, and
composting of solid waste, and recommendations for administrative or
legislative actions which will inform and educate these parties.
(B) A report on the effectiveness of the public information
program required to be implemented pursuant to Chapter 12 (commencing
with Section 42600) of Part 3, including recommendations on
administrative and legislative changes to improve the program.
(C) A report on the status and effectiveness of school district
source reduction and recycling programs implemented pursuant to
Chapter 12.5 (commencing with Section 42620) of Part 3, including
recommendations on administrative and legislative changes to improve
the program's effectiveness.
(D) A report on the effectiveness of the integrated waste
management educational program and teacher training plan implemented
pursuant to Part 4 (commencing with Section 71300) of Division 34,
including recommendations on administrative and legislative changes
which will improve the program.
(E) A summary of available and wanted materials, a profile of the
participants, and the amount of waste diverted from disposal sites as
a result of the California Materials Exchange Program established
pursuant to subdivision (a) of Section 42600.
(4) Pursuant to paragraph (4) of subdivision (b), all of the
following information:
(A) A review of market development strategies undertaken by the
agency pursuant to this division to ensure that markets exist for
materials diverted from solid waste facilities, including
recommendations for administrative and legislative actions which will
promote expansion of those markets. The recommendations shall
include, but not be limited to, all of the following:
(i) Recommendations for actions to develop more direct liaisons
with private manufacturing industries in the state to promote
increased utilization of recycled feedstock in manufacturing
processes.
(ii) Recommendations for actions that can be taken to assist local
governments in the inclusion of recycling activities in county
overall economic development plans.
(iii) Recommendations for actions to utilize available financial
resources for expansion of recycling industry capacity.
(iv) Recommendations to improve state, local, and private industry
product and material procurement practices.
(B) Development and implementation of a program to assist local
agencies in the identification of markets for materials that are
diverted from disposal facilities through source reduction,
recycling, and composting pursuant to Section 40913.
(C) A report on the Recycling Market Development Zone Loan Program
provided for in Section 42023.1, pursuant to Section 42023.5.
(D) A report on implementation of the Compost Market Program
pursuant to Chapter 5 (commencing with Section 42230) of Part 3.
(E) A report on the progress in developing and implementing the
comprehensive Market Development Plan, pursuant to Article 2 of
Chapter 1 (commencing with Section 42005) of Part 3.
(F) The number of retreaded tires purchased by the Department of
General Services during the prior fiscal year pursuant to Section
42414.
(G) The results of the study performed in consultation with the
Department of General Services pursuant to Section 42416 to determine
if tire retreads, procured by the department, have met all quality
and performance criteria of a new tire, including any recommendations
to expand, revise, or curtail the program.
(H) The number of recycled lead-acid batteries purchased during
the prior fiscal year by the Department of General Services pursuant
to Section 42443.
(I) A list of established price preferences for recycled paper
products for the prior fiscal year pursuant to Section 12211 of the
Public Contract Code.
(J) A report on the implementation of the white office paper
recovery program pursuant to Chapter 10 (commencing with Section
42560) of Part 3.
(5) Pursuant to paragraph (5) of subdivision (b), both of the
following information:
(A) A report on the annual audit of the used oil recycling program
established pursuant to Chapter 4 (commencing with Section 48600) of
Part 7.
(B) A summary of industrial and lubricating oil sales and
recycling rates, the results of programs funded pursuant to Chapter 4
(commencing with Section 48600) of Part 7, recommendations, if any,
for statutory changes to the program, including changes in the
amounts of the payment required by Section 48650 and the recycling
incentive, and plans for present and future programs to be conducted
over the next two years.
(6) Pursuant to paragraph (6) of subdivision (b), all of the
following information:
(A) The development by the agency of the model countywide or
regional siting element and model countywide or regional agency
integrated waste management plan pursuant to Section 40912, including
its effectiveness in assisting local agencies.
(B) The adoption by the agency of a program to provide assistance
to cities, counties, or regional agencies in the development and
implementation of source reduction programs pursuant to subdivision
(b) of Section 40912.
(C) The development by the agency of model programs and materials
to assist rural counties and cities in preparing city and county
source reduction and recycling elements pursuant to Section 41757.3.
(D) A report on the number of tires that are recycled or otherwise
diverted from disposal in landfills or stockpiles.
(E) A report on the development and implementation of
recommendations, with proposed implementing regulations, for
providing technical assistance to counties and cities that meet
criteria specified in Section 41782, so that those counties and
cities will be able to meet the objectives of this division. The
recommendations shall, among other things, address both of the
following matters:
(i) Assistance in developing methods of raising revenue at
the local level to fund rural integrated waste management programs.
(ii) Assistance in developing alternative methods of source
reduction, recycling, and composting of solid waste suitable for
rural local governments.
(F) A report on the status and implementation of the "Buy Recycled"
program established pursuant to subdivision (d) of Section 42600,
including the waste collection and recycling programs established
pursuant to Sections 12164.5 and 12165 of the Public Contract Code.
(7) Pursuant to paragraph (7) of subdivision (b), a description of
sites cleaned up under the Solid Waste Disposal and Codisposal Site
Cleanup Program established pursuant to Article 2.5 (commencing with
Section 48020) of Chapter 2 of Part 7, a description of remaining
sites where there is no responsible party or the responsible party is
unable or unwilling to pay for cleanup, and recommendations for any
needed legislative changes.
40416. (a) As part of the annual report required to be submitted
by the agency to the Legislature pursuant to Section 40507, the
agency shall include a report on new and emerging conversion
technologies, including, but not limited to, noncombustion thermal
technologies, including gasification and pyrolysis, chemical
technologies such as acid hydrolysis or distillation, and biological
technologies, other than composting, such as enzyme hydrolysis. The
agency shall only evaluate those conversion technologies that provide
demonstrated environmental benefits over the transformation and
disposal of solid waste.
(b) The report required by subdivision (a) shall contain all of
the following:
(1) Specific and discrete definitions and descriptions of each
conversion technology evaluated.
(2) A description and evaluation of the life-cycle environmental
and public health impacts of each conversion technology in comparison
to those environmental and public health impacts from the
transformation and disposal of solid waste.
(3) A description and evaluation of the technical performance
characteristics, feedstocks, emissions, and residues used by each
conversion technology and identification of the cleanest, least
polluting conversion technologies.
(4) A description and evaluation of the impacts on the recycling
and composting markets as a result of each conversion technology.
(c) The agency shall require that the report be subject to an
external scientific peer review process conducted pursuant to Section
57004 of the Health and Safety Code.
(d) The agency shall consult with the State Energy Resources
Conservation and Development Commission and other state, federal, or
international governmental agencies in preparing the report required
by this section.
40418. The agency is hereby designated as the state solid waste
management agency for all purposes stated in the Federal Resource
Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et seq.)
and any other federal act heretofore or hereafter enacted affecting
solid waste.
40420. The agency may render technical assistance and make
recommendations concerning potential solid waste disposal sites upon
the request of the board of supervisors of any county. The agency may
request any state agency to assist the agency in rendering technical
assistance and making recommendations pursuant to this section.
SEC. 1258. Section 44202 of the Public
Resources Code is amended to read:
44202. (a) Upon receipt of a written request from any tribe
considering a proposal to construct each solid waste facility in that
tribe's Indian country within this state, the secretary shall
convene negotiations for purposes of reaching a cooperative agreement
pursuant to this article, which will define the respective rights,
duties, and obligations of the state and the tribe concerning the
approval, development, and operation of the facility. In convening
the negotiations, the secretary shall consult with the California
Integrated Waste Management Board
Environmental Protection Agency , the State Water Resources
Control Board, the appropriate California regional water quality
control board, the State Air Resources Board, and the appropriate air
pollution control district or air quality management district.
(b) This article does not apply to any facility located on Indian
country within the state if it meets all of the following
requirements:
(1) The facility is owned and operated solely by a tribe.
(2) All solid waste accepted by the facility is generated by that
particular tribe.
(3) Appropriate federal agencies have approved the facility.
SEC. 1259. Section 71017 of the Public
Resources Code is amended to read:
71017. (a) "Council" means the California Environmental Policy
Council.
(b) The council is hereby created and consists of the following
members or their designees:
(1) The Secretary for Environmental Protection.
(2) The Director of Pesticide Regulation.
(3) The Director of Toxic Substances Control.
(4) The Chairperson of the State Air Resources Board.
(5) The Chairperson of the State Water Resources Control Board.
(6) The Director of the Office of Environmental Health Hazard
Assessment.
(7) The Chairperson of the California Integrated Waste Management
Board.
SEC. 1260. Section 71069.5 of the
Public Resources Code is amended to read:
71069.5. For purposes of this chapter "board" means the
California Integrated Waste Management Board
Environmental Protection Agency .
SEC. 1261. Section 71113 of the Public
Resources Code is amended to read:
71113. (a) On or before January 1, 2002, the Secretary for
Environmental Protection shall convene a Working Group on
Environmental Justice to assist the California Environmental
Protection Agency in developing, on or before July 1, 2002, an
agencywide strategy for identifying and addressing any gaps in
existing programs, policies, or activities that may impede the
achievement of environmental justice.
(b) The working group shall be composed of the Secretary for
Environmental Protection, the Chairs of the State Air Resources Board
, the California Integrated Waste Management Board,
and the State Water Resources Control Board, the Director
of Toxic Substances Control, the Director of Pesticide Regulation,
the Director of Environmental Health Hazard Assessment, and the
Director of Planning and Research.
(c) The working group shall do all of the following on or before
April 1, 2002:
(1) Examine existing data and studies on environmental justice,
and consult with state, federal, and local agencies and affected
communities.
(2) Recommend criteria to the Secretary for Environmental
Protection for identifying and addressing any gaps in existing
programs, policies, or activities that may impede the achievement of
environmental justice.
(3) Recommend procedures and provide guidance to the California
Environmental Protection Agency for the coordination and
implementation of intraagency environmental justice strategies.
(4) Recommend procedures for collecting, maintaining, analyzing,
and coordinating information relating to an environmental justice
strategy.
(5) Recommend procedures to ensure that public documents, notices,
and public hearings relating to human health or the environment are
concise, understandable, and readily accessible to the public. The
recommendation shall include guidance for determining when it is
appropriate for the California Environmental Protection Agency to
translate crucial public documents, notices, and hearings relating to
human health or the environment for limited-English-speaking
populations.
(6) Hold public meetings to receive and respond to public comments
regarding recommendations required pursuant to this section, prior
to the finalization of the recommendations. The California
Environmental Protection Agency shall provide public notice of the
availability of draft recommendations at least one month prior to the
public meetings.
(7) Make recommendations on other matters needed to assist the
agency in developing an intraagency environmental justice strategy.
SEC. 1262. Section 331 of the Public
Utilities Code is amended to read:
331. The definitions set forth in this section shall govern the
construction of this chapter.
(a) "Aggregator" means any marketer, broker, public agency, city,
county, or special district, that combines the loads of multiple
end-use customers in facilitating the sale and purchase of electric
energy, transmission, and other services on behalf of these
customers.
(b) "Broker" means an entity that arranges the sale and purchase
of electric energy, transmission, and other services between buyers
and sellers, but does not take title to any of the power sold.
(c) "Direct transaction" means a contract between any one or more
electric generators, marketers, or brokers of electric power and one
or more retail customers providing for the purchase and sale of
electric power or any ancillary services.
(d) "Energy Commission" means the State Energy Resources
Conservation and Development Commission.
(d)
(e) "Fire wall" means the line of demarcation
separating residential and small commercial customers from all other
customers as described in subdivision (e) of Section 367.
(e)
(f) "Marketer" means any entity that buys electric
energy, transmission, and other services from traditional utilities
and other suppliers, and then resells those services at wholesale or
to an end-use customer.
(f)
(g) "Microcogeneration facility" means a cogeneration
facility of less than one megawatt.
(g)
(h) "Restructuring trusts" means the two tax-exempt
public benefit trusts established by Decision 96-08-038 of the Public
Utilities Commission to provide for design and development of the
hardware and software systems for the Power Exchange and the
Independent System Operator, respectively, and that may undertake
other activities, as needed, as ordered by the commission.
(h)
(i) "Small commercial customer" means a customer that
has a maximum peak demand of less than 20 kilowatts.
SEC. 1263. Section 335 of the Public
Utilities Code is amended to read:
335. In order to ensure that the interests of the people
of California are served, a five-member Electricity Oversight Board
is hereby created as provided in Section 336. For purposes of this
chapter, any Any reference in this chapter
or in any other statute or regulation to the Electricity Oversight
Board or to the Oversight Board shall mean the
Electricity Oversight Board Energy Commission .
Its functions The Energy Commission
shall be do all of the following:
(a) To oversee Oversee the
Independent System Operator and the Power Exchange.
(b) To determine Determine
the composition and terms of service and to
exercise the exclusive right to decline to confirm the appointments
of specific members of the governing board of the Power Exchange.
(c) To serve Serve as an appeal
board for majority decisions of the Independent System Operator
governing board, as they relate to matters subject to exclusive state
jurisdiction, as specified in Section 339.
(d) Those members of the Power Exchange governing board whose
appointments the Oversight Board Energy
Commission has the exclusive right to decline to confirm
include proposed governing board members representing agricultural
end users, industrial end users, commercial end users, residential
end users, end users at large, nonmarket participants, and public
interest groups.
(e) To investigate Investigate any
matter related to the wholesale market for electricity to ensure that
the interests of California's citizens and consumers are served,
protected, and represented in relation to the availability of
electric transmission and generation and related costs, during
periods of peak demand.
SEC. 1264. Section 336 of the Public
Utilities Code is repealed.
336. (a) The five-member Oversight Board shall be comprised as
follows:
(1) Three members, who are California residents and electricity
ratepayers, appointed by the Governor from a list jointly provided by
the California Energy Resources Conservation and Development
Commission and the Public Utilities Commission, and subject to
confirmation by the Senate.
(2) One member of the Assembly appointed by the Speaker of the
Assembly.
(3) One member of the Senate appointed by the Senate Committee on
Rules.
(b) Legislative members shall be nonvoting members, however, they
are otherwise full members of the board with all rights and
privileges pertaining thereto.
(c) Oversight Board members shall serve three-year terms with no
limit on reappointment. For purposes of the initial appointments set
forth in paragraph (1), the Governor shall appoint one member to a
one-year term, one to a two-year term, and one to a three-year term.
(d) The Governor shall designate one of the voting members as the
chairperson of the Oversight Board who shall preside over meetings
and direct the executive director in the routine administration of
the Oversight Board's business. The chairperson may designate one of
the other voting members to preside over meetings in the absence of
the chairperson.
(e) Two voting members shall constitute a quorum. Any decision or
action of the Oversight Board shall be by majority vote of the voting
members.
(f) The members of the Oversight Board shall serve without
compensation, but shall be reimbursed for all necessary expenses
incurred in the performance of their duties.
SEC. 1265. Section 336 is added to the
Public Utilities Code , to read:
336. (a) The Energy Commission succeeds to, and is vested with,
all the duties, powers, purposes, responsibilities, and jurisdiction
of the California Consumer Power and Conservation Financing
Authority.
(b) All officers and employees of the California Consumer Power
and Conservation Financing Authority who are serving in the state
civil service, other than as temporary employees, shall be
transferred to the State Energy Resources Conservation and
Development Commission. The status, positions, and rights of those
persons shall not be affected by the transfer and shall be retained
by those persons as officers and employees of the Energy Commission,
pursuant to the State Civil Service Act (Part 2 (commencing with
Section 18500) of Division 5 of Title 2 of the Government Code),
except as to positions exempt from the civil service.
(c) The Energy Commission shall have possession and control of all
records, papers, offices, equipment, supplies, moneys, funds,
appropriations, licenses, permits, agreements, contracts, claims,
judgments, land, and other property, real or personal, connected with
the administration of, or held for, the benefit or use of the
California Consumer Power and Conservation Financing Authority.
(d) (1) Any regulation or other action, adopted, prescribed,
taken, or performed by an agency or officer in the administration of
a program or the performance of a duty, responsibility, or
authorization transferred by the act adding this section shall remain
in effect and shall be deemed to be a regulation or action of the
agency or officer to whom the program, duty, responsibility, or
authorization is transferred.
(2) No suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty,
responsibility, or authorization transferred by the act adding this
section, shall abate by reason of the transfer of the program, duty,
responsibility, or authorization under the act adding this section.
SEC. 1266. Section 337 of the Public
Utilities Code is amended to read:
337. (a) The Independent System Operator governing board shall be
composed of a five-member independent governing board of directors
appointed by the Governor and subject to confirmation by the Senate.
Any reference in this chapter or in any other provision of law to the
Independent System Operator governing board means the independent
governing board appointed under this subdivision.
(b) A member of the independent governing board appointed under
subdivision (a) may not be affiliated with any actual or potential
participant in any market administered by the Independent System
Operator.
(c) (1) All appointments shall be for three-year terms.
(2) There is no limit on the number of terms that may be served by
any member.
(d) The Oversight Board Energy Commission
shall require the articles of incorporation and bylaws of the
Independent System Operator to be revised in accordance with this
section, and shall make filings with the Federal Energy Regulatory
Commission as the Oversight Board Energy
Commission determines to be necessary.
(e) For the purposes of the initial appointments to the
Independent System Operator governing board, as provided in
subdivision (a), the Governor shall appoint one member to a one-year
term, two members to a two-year term, and two members to a three-year
term.
SEC. 1267. Section 338 of the Public
Utilities Code is amended to read:
338. The Oversight Board Energy
Commission shall have the exclusive right to approve procedures
and the qualifications for Power Exchange governing board members
specified in subdivision (d) of Section 335, all of whom shall be
required to be electricity customers in the area served by the Power
Exchange. The Power Exchange governing board shall include, but not
be limited to, representatives of investor-owned electric
distribution companies, publicly owned electric distribution
companies, nonutility generators, public buyers and sellers, private
buyers and sellers, industrial end-users, commercial end-users,
residential end-users, agricultural end-users, public interest
groups, and nonmarket participant representatives. The structural
composition of the Power Exchange governing board existing on July 1,
1999, shall remain in effect until an agreement with a participating
state is legally in effect. However, prior to such an agreement,
California shall retain the right to change the Power Exchange
governing board into a nonstakeholder board. In the event of such a
legislative change, revised bylaws shall be filed with the Federal
Energy Regulatory Commission under Section 205 of the Federal Power
Act (16 U.S.C.A. Sec. 824d).
SEC. 1268. Section 339 of the Public
Utilities Code is amended to read:
339. (a) The Oversight Board Energy
Commission is the appeal board for majority decisions of the
Independent System Operator governing board relating to matters that
are identified in subdivision (b) as they pertain to the Independent
System Operator.
(b) The following matters are subject to California's exclusive
jurisdiction:
(1) Selections by California of governing board members, as
described in Sections 335, 337, and 338.
(2) Matters pertaining to retail electric service or retail sales
of electric energy.
(3) Ensuring that the purposes and functions of the Independent
System Operator and Power Exchange are consistent with the purposes
and functions of California nonprofit public benefit corporations,
including duties of care and conflict of interest standards for
directors of the corporations.
(4) State functions assigned to the Independent System Operator
and Power Exchange under state law.
(5) Open meeting standards and meeting notice requirements.
(6) Appointment of advisory representatives representing state
interests.
(7) Public access to corporate records.
(8) The amendment of bylaws relevant to these matters.
(c) Only members of the Independent System Operator governing
board may appeal a majority decision of the Independent System
Operator related to any of the matters specified in subdivision (b)
to the Oversight Board Energy Commission
.
SEC. 1269. Section 340 of the Public
Utilities Code is amended to read:
340. The Oversight Board Energy
Commission shall take the steps that are necessary to ensure
the earliest possible incorporation of the Independent System
Operator and the Power Exchange as separately incorporated public
benefit, nonprofit corporations under the Corporations Code.
SEC. 1270. Section 341 of the Public
Utilities Code is amended to read:
341. The Oversight Board Energy
Commission may do all of the following in implementing
this chapter :
(a) Meet at the times and places it may deem proper.
(b) Accept appropriations, grants, or contributions from any
public source, private foundation, or individual.
(c) Sue and be sued.
(d) Contract with state, local, or federal agencies for services
or work required by the Oversight Board
Energy Commission .
(e) Contract for or employ any services or work required by the
Oversight Board Energy Commission that
in its opinion cannot satisfactorily be performed by its staff or by
other state agencies.
(f) Appoint advisory committees from members of other public
agencies and private groups or individuals.
(g) As a body, or on the authorization of the Oversight
Board Energy Commission , as a subcommittee
composed of one or more members, hold hearings at the times and
places it may deem proper.
(h) Issue subpoenas to compel the production of books, records,
papers, accounts, reports, and documents and the attendance of
witnesses.
(i) Administer oaths.
(j) Adopt or amend rules and regulations to carry out the purposes
and provisions of this chapter, and to govern the procedures of the
Oversight Board Energy Commission .
(k) Exercise any authority consistent with this chapter delegated
to it by a federal agency or authorized to it by federal law.
() Make recommendations to the Governor and the Legislature at the
time or times the Oversight Board deems
Energy Commission determines to be necessary.
(m) Participate in proceedings relevant to the purposes of this
chapter or to the purposes of Division 4.9 (commencing with Section
9600) or, as part of any coordinated effort by the state, participate
in activities to promote the formation of interstate agreements to
enhance the reliability and function of the electricity system and
the electricity market.
(n) Do any and all other things necessary to carry out the
purposes of this chapter.
SEC. 1271. Section 341.2 of the Public
Utilities Code is amended to read:
341.2. 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) applies to meetings of the Oversight
Board Energy Commission related to the implementation
of this chapter . In addition to the allowances of that act,
the Oversight Board Energy Commission
may hold a closed session to consider the appointment of one or more
candidates to the governing board of the Power Exchange, deliberate
on matters involving the removal of a member of the governing board
of the Power Exchange, or to consider a matter based on information
that has received a grant of confidential status pursuant to
regulations of the Oversight Board Energy
Commission , provided that any action taken on such a matter
shall be taken by vote in an open session.
SEC. 1272. Section 341.3 of the Public
Utilities Code is repealed.
341.3. Voting members of the Oversight Board shall be required to
file financial disclosure statements with the Fair Political
Practices Commission. The appointing authority for voting members
shall avoid appointing persons with conflicts of interest.
SEC. 1273. Section 341.4 of the Public
Utilities Code is amended to read:
341.4. The Oversight Board shall appoint, and fix the
salary of, an executive director who shall have charge of
administering the affairs of the Oversight Board, including entering
into contracts, subject to the direction and policies of the
Oversight Board. Notwithstanding Sections 11042 and 11043
of the Government Code, the Oversight Board
Energy Commission shall appoint an attorney who shall advise
the Oversight Board and each member Energy
Commission and represent the Oversight Board
Energy Commission as a party in any state or federal
action or proceeding related to the purposes of this chapter or to an
action of the Oversight Board Energy
Commission under this chapter and who shall perform generally
all the duties of attorney to the Oversight Board
Energy Commission under this chapter . For
purposes of this section, the Oversight Board may appoint a person
exempt pursuant to subdivision (e) of Section 4 of Article VII of the
California Constitution. The executive director shall, in accordance
with Article VII of the California Constitution and subject to the
approval of the Oversight Board, appoint employees as may be
necessary to carry out the Oversight Board's duties and
responsibilities.
SEC. 1274. Section 341.5 of the
Public Utilities Code is amended to read:
341.5. (a) The Independent System Operator and Power Exchange
bylaws shall contain provisions that identify those matters specified
in subdivision (b) of Section 339 as matters within state
jurisdiction. The bylaws shall also contain provisions which state
that California's bylaws approval function with respect to the
matters specified in subdivision (b) of Section 339 shall not
preclude the Federal Energy Regulatory Commission from taking any
action necessary to address undue discrimination or other violations
of the Federal Power Act (16 U.S.C.A. Sec. 791a et seq.) or to
exercise any other commission responsibility under the Federal Power
Act. In taking any such action, the Federal Energy Regulatory
Commission shall give due respect to California's jurisdictional
interests in the functions of the Independent System Operator and
Power Exchange and to attempt to accommodate state interests to the
extent those interests are not inconsistent with the Federal Energy
Regulatory Commission's statutory responsibilities. The bylaws shall
state that any future agreement regarding the apportionment of the
Independent System Operator and Power Exchange board appointment
function among participating states associated with the expansion of
the Independent System Operator and Power Exchange into multistate
entities shall be filed with the Federal Energy Regulatory Commission
pursuant to Section 205 of the Federal Power Act (16 U.S.C.A. Sec.
824d).
(b) Any necessary bylaw changes to implement the provisions of
Section 335, 337, 338, 339, or subdivision (a) of this section, or
changes required pursuant to an agreement as contemplated by
subdivision (a) of this section with a participating state for a
regional organization, shall be effective upon approval of the
respective governing boards and the Oversight Board
Energy Co mmission and acceptance for
filing by the Federal Energy Regulatory Commission.
SEC. 1275. Section 348 of the Public
Utilities Code is amended to read:
348. The Independent System Operator shall adopt inspection,
maintenance, repair, and replacement standards for the transmission
facilities under its control no later than September 30, 1997. The
standards, which shall be performance or prescriptive standards, or
both, as appropriate, for each substantial type of transmission
equipment or facility, shall provide for high quality, safe, and
reliable service. In adopting its standards, the Independent System
Operator shall consider: cost, local geography and weather,
applicable codes, national electric industry practices, sound
engineering judgment, and experience. The Independent System Operator
shall also adopt standards for reliability, and safety during
periods of emergency and disaster. The Independent System Operator
shall report to the Oversight Board Energy
Commission , at such times as the Oversight Board
Energy Commission may specify, on the development
and implementation of the standards in relation to facilities under
the operational control of the Independent System Operator. The
Independent System Operator shall require each transmission facility
owner or operator to report annually on its compliance with the
standards. That report shall be made available to the public.
SEC. 1276. Section 350 of the Public
Utilities Code is amended to read:
350. The Independent System Operator, in consultation with the
California Energy Resources Conservation
and Development Commission, the Public Utilities
Commission, the Western Electricity Coordinating Council, and
concerned regulatory agencies in other western states, shall within
six months after the Federal Energy Regulatory Commission approval of
the Independent System Operator, provide a report to the Legislature
and to the Oversight Board Energy Commission
that does the following:
(a) Conducts an independent review and assessment of Western
Electricity Coordinating Council operating reliability criteria.
(b) Quantifies the economic cost of major transmission outages
relating to the Pacific Intertie, Southwest Power Link, DC link, and
other important high voltage lines that carry power both into and
from California.
(c) Identifies the range of cost-effective options that would
prevent or mitigate the consequences of major transmission outages.
(d) Identifies communication protocols that may be needed to be
established to provide advance warning of incipient problems.
(e) Identifies the need for additional generation reserves and
other voltage support equipment, if any, or other resources that may
be necessary to carry out its functions.
(f) Identifies transmission capacity additions that may be
necessary at certain times of the year or under certain conditions.
(g) Assesses the adequacy of current and prospective institutional
provisions for the maintenance of reliability.
(h) Identifies mechanisms to enforce transmission right-of-way
maintenance.
(i) Contains recommendations regarding cost-beneficial
improvements to electric system reliability for the citizens of
California.
SEC. 1277. Section 352 of the Public
Utilities Code is amended to read:
352. The Independent System Operator may not enter into a
multistate entity or a regional organization as authorized in Section
359 unless that entry is approved by the Oversight Board
Energy Commission .
SEC. 1278. Section 372 of the Public
Utilities Code is amended to read:
372. (a) It is the policy of the state to encourage and support
the development of cogeneration as an efficient, environmentally
beneficial, competitive energy resource that will enhance the
reliability of local generation supply, and promote local business
growth. Subject to the specific conditions provided in this section,
the commission shall determine the applicability to customers of
uneconomic costs as specified in Sections 367, 368, 375, and 376.
Consistent with this state policy, the commission shall provide that
these costs shall not apply to any of the following:
(1) To load served onsite or under an over the fence arrangement
by a nonmobile self-cogeneration or cogeneration facility that was
operational on or before December 20, 1995, or by increases in the
capacity of a facility to the extent that the increased capacity was
constructed by an entity holding an ownership interest in or
operating the facility and does not exceed 120 percent of the
installed capacity as of December 20, 1995, provided that prior to
June 30, 2000, the costs shall apply to over the fence arrangements
entered into after December 20, 1995, between unaffiliated parties.
For the purposes of this subdivision, "affiliated" means any person
or entity that directly, or indirectly through one or more
intermediaries, controls, is controlled by, or is under common
control with another specified entity. "Control" means either of the
following:
(A) The possession, directly or indirectly, of the power to direct
or to cause the direction of the management or policies of a person
or entity, whether through an ownership, beneficial, contractual, or
equitable interest.
(B) Direct or indirect ownership of at least 25 percent of an
entity, whether through an ownership, beneficial, or equitable
interest.
(2) To load served by onsite or under an over the fence
arrangement by a nonmobile self-cogeneration or cogeneration facility
for which the customer was committed to construction as of December
20, 1995, provided that the facility was substantially operational on
or before January 1, 1998, or by increases in the capacity of a
facility to the extent that the increased capacity was constructed by
an entity holding an ownership interest in or operating the facility
and does not exceed 120 percent of the installed capacity as of
January 1, 1998, provided that prior to June 30, 2000, the costs
shall apply to over the fence arrangements entered into after
December 20, 1995, between unaffiliated parties.
(3) To load served by existing, new, or portable emergency
generation equipment used to serve the customer's load requirements
during periods when utility service is unavailable, provided the
emergency generation is not operated in parallel with the integrated
electric grid, except on a momentary parallel basis.
(4) After June 30, 2000, to any load served onsite or under an
over the fence arrangement by any nonmobile self-cogeneration or
cogeneration facility.
(b) Further, consistent with state policy, with respect to
self-cogeneration or cogeneration deferral agreements, the commission
shall do the following:
(1) Provide that a utility shall execute a final self-cogeneration
or cogeneration deferral agreement with any customer that, on or
before December 20, 1995, had executed a letter of intent (or similar
documentation) to enter into the agreement with the utility,
provided that the final agreement shall be consistent with the terms
and conditions set forth in the letter of intent and the commission
shall review and approve the final agreement.
(2) Provide that a customer that holds a self-cogeneration or
cogeneration deferral agreement that was in place on or before
December 20, 1995, or that was executed pursuant to paragraph (1) in
the event the agreement expires, or is terminated, may do any of the
following:
(A) Continue through December 31, 2001, to receive utility service
at the rate and under terms and conditions applicable to the
customer under the deferral agreement that, as executed, includes an
allocation of uneconomic costs consistent with subdivision (e) of
Section 367.
(B) Engage in a direct transaction for the purchase of electricity
and pay uneconomic costs consistent with Sections 367, 368, 375, and
376.
(C) Construct a self-cogeneration or cogeneration facility of
approximately the same capacity as the facility previously deferred,
provided that the costs provided in Sections 367, 368, 375, and 376
shall apply consistent with subdivision (e) of Section 367, unless
otherwise authorized by the commission pursuant to subdivision (c).
(3) Subject to the firewall described in subdivision (e) of
Section 367, provide that the ratemaking treatment for
self-cogeneration or cogeneration deferral agreements executed prior
to December 20, 1995, or executed pursuant to paragraph (1) shall be
consistent with the ratemaking treatment for the contracts approved
before January 1995.
(c) The commission shall authorize, within 60 days of the receipt
of a joint application from the serving utility and one or more
interested parties, applicability conditions as follows:
(1) The costs identified in Sections 367, 368, 375, and 376 shall
not, prior to June 30, 2000, apply to load served onsite by a
nonmobile self-cogeneration or cogeneration facility that became
operational on or after December 20, 1995.
(2) The costs identified in Sections 367, 368, 375, and 376 shall
not, prior to June 30, 2000, apply to any load served under over the
fence arrangements entered into after December 20, 1995, between
unaffiliated entities.
(d) For the purposes of this subdivision, all onsite or over the
fence arrangements shall be consistent with Section 218 as it existed
on December 20, 1995.
(e) To facilitate the development of new microcogeneration
applications, electrical corporations may apply to the commission for
a financing order to finance the transition costs to be recovered
from customers employing the applications.
(f) To encourage the continued development, installation, and
interconnection of clean and efficient self-generation and
cogeneration resources, to improve system reliability for consumers
by retaining existing generation and encouraging new generation to
connect to the electric grid, and to increase self-sufficiency of
consumers of electricity through the deployment of self-generation
and cogeneration, both of the following shall occur:
(1) The commission and the Electricity Oversight Board
Energy Commission shall determine if any policy
or action undertaken by the Independent System Operator, directly or
indirectly, unreasonably discourages the connection of existing
self-generation or cogeneration or new self-generation or
cogeneration to the grid.
(2) If the commission and the Electricity Oversight Board
Energy Commission find that any policy or
action of the Independent System Operator unreasonably discourages
the connection of existing self-generation or cogeneration or new
self-generation or cogeneration to the grid, the commission and the
Electricity Oversight Board Energy Commission
shall undertake all necessary efforts to revise, mitigate, or
eliminate that policy or action of the Independent System Operator.
SEC. 1279. Section 464 of the Public
Utilities Code is amended to read:
464. (a) Reasonable expenditures by transmission owners that are
electrical corporations to plan, design, and engineer
reconfiguration, replacement, or expansion of transmission facilities
are in the public interest and are deemed prudent if made for the
purpose of facilitating competition in electric generation markets,
ensuring open access and comparable service, or maintaining or
enhancing reliability, whether or not these expenditures are for
transmission facilities that become operational.
(b) The commission and the Electricity Oversight Board
State Energy Resources Conservation and
Development Commission shall jointly facilitate the efforts of
the state's transmission owning electrical corporations to obtain
authorization from the Federal Energy Regulatory Commission to
recover reasonable expenditures made for the purposes stated in
subdivision (a).
(c) Nothing in this section alters or affects the recovery of the
reasonable costs of other electric facilities in rates pursuant to
the commission's existing ratemaking authority under this code or
pursuant to the Federal Power Act (41 Stat. 1063; 16 U.S.C. Secs.
791a , et seq.). The commission may periodically
review and adjust depreciation schedules and rates authorized for an
electric plant that is under the jurisdiction of the commission and
owned by an electrical corporation and periodically review and adjust
depreciation schedules and rates authorized for a gas plant that is
under the jurisdiction of the commission and owned by a gas
corporation, consistent with this code.
SEC. 1280. Section 761.3 of the Public
Utilities Code is amended to read:
761.3. (a) Notwithstanding subdivision (g) of Section 216 and
subdivisions (c) and (d) of Section 228.5, the commission shall
implement and enforce standards adopted pursuant to subdivision (b)
for the maintenance and operation of facilities for the generation of
electric energy owned by an electrical corporation or located in the
state to ensure their reliable operation. The commission shall
enforce the protocols for the scheduling of powerplant outages of the
Independent System Operator.
(b) (1) The commission and the Independent System Operator shall
jointly establish the California Electricity Generation Facilities
Standards Committee. The committee shall consist of three members,
one a member of the commission appointed by the commission, one a
member of the Independent System Operator board appointed by that
board, and one individual with expertise regarding electric
generation facilities and jointly appointed by the commission and the
Independent System Operator board. The committee, within 90 days of
the effective date of this section and after providing notice and
opportunity for public comment, shall adopt, and may thereafter
revise, standards for the maintenance and operation of facilities for
the generation of electric energy located in the state. The
standards shall be consistent with subdivision (d) of this section.
(2) The committee shall be supported by a reasonable amount of
staff time, which shall be provided proportionally by the agencies
represented on the committee.
(3) This subdivision shall be operative only until January 1,
2005.
(c) Nothing in this section authorizes the commission to establish
rates for wholesale sales in interstate commerce from those
facilities, or to approve the sale or transfer of control of
facilities that have been certified as exempt wholesale generators by
the Federal Energy Regulatory Commission pursuant to Section 79z-5a
(1) of Title 15 of the United States Code.
(d) (1) (A) Except as otherwise provided in this subdivision, this
section shall not apply to nuclear powered generating facilities
that are federally regulated and subject to standards developed by
the Nuclear Regulatory Commission, and that participate as members of
the Institute of Nuclear Power Operations.
(B) The owner or operator of a nuclear powered generating facility
shall file with the Oversight Board State
Energy Resources Conservation and Development Commission and
the commission an annual schedule of maintenance, including repairs
and upgrades, updated quarterly, for each generating facility. The
owner or operator of a nuclear powered generating facility shall make
good faith efforts to conduct its maintenance in compliance with its
filed plan and shall report to the Oversight Board
State Energy Resources Conservation and Development
Commission and the Independent System Operator any significant
variations from its filed plan.
(C) The owner or operator of a nuclear powered generating facility
shall report on a monthly basis to the Oversight Board
State Energy Resources Conservation and Development
Commission and the commission all actual planned and unplanned
outages of each facility during the preceding month. The owner or
operator of a nuclear powered generating facility shall report on a
daily basis to the Oversight Board State
Energy Resources Conservation and Development Commission and
the Independent System Operator the daily operational status and
availability of each facility.
(2) (A) Except as otherwise provided in this subdivision, this
section shall not apply to a qualifying small power production
facility or a qualifying cogeneration facility within the meaning of
Sections 201 and 210 of Title 11 of the federal Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. Secs. 796(17), 796(18),
and 824a-3), and the regulations adopted pursuant to those sections
by the Federal Energy Regulatory Commission (18 C.F.R. Secs. 292.101
to 292.602, inclusive), nor shall this section apply to other
generation units installed, operated, and maintained at a customer
site, exclusively to serve that customer's load.
(B) An electrical corporation that has a contract with a
qualifying small power production facility, or a qualifying
cogeneration facility, with a name plate rating of 10 megawatts or
greater, shall report to the Oversight Board
State Energy Resources Conservation and Development Commission
and the commission maintenance schedules for each facility, including
all actual planned and unplanned outages of the facility and the
daily operational status and availability of the facility. Each
facility with a name plate rating of ten megawatts or greater shall
be responsible for directly reporting to the Oversight Board
State Energy Resources Conservation and Development
Commission and the Independent System Operator maintenance
schedules for each facility, including all actual planned and
unplanned outages of the facility and the daily operational status
and availability of the facility, if that information is not provided
to the electrical corporation pursuant to a contract.
(e) In developing the standards pursuant to subdivision (b), the
committee shall take into consideration generation facilities
scheduled for retirement, valid warranties on generation facilities,
and the operational authority of the Independent System Operator as
prescribed in the standard Participating Generator Agreement and
applicable sections of the Federal Energy Regulatory Commission's
approved Independent System Operator tariff.
(f) Nothing in this section shall result in the modification,
delay, or abrogation of any deadline, standard, rule, or regulation
adopted by a federal, state, or local agency for the purposes of
protecting public health or the environment, including, but not
limited to, any requirements imposed by the State Air Resources Board
or by an air pollution control district or an air quality management
district pursuant to Division 26 (commencing with Section 39000) of
the Health and Safety Code. The Independent System Operator shall
consult with the State Air Resources Board and the appropriate local
air pollution control districts and air quality management districts
to coordinate scheduled outages to provide for compliance with those
retrofits.
(g) The Independent System Operator shall maintain records of
generation facility outages and shall provide those records to the
Oversight Board State Energy Resources
Conservation and Development Commission and the commission on a
daily basis. Each entity that owns or operates an electric
generating unit in California with a rated maximum capacity of 10
megawatts or greater, shall provide a monthly report to the
Independent System Operator that identifies any periods during the
preceding month when the unit was unavailable to produce electricity
or was available only at reduced capacity. The report shall identify
the reasons for any such unscheduled unavailability or reduced
capacity. The Independent System Operator shall immediately transmit
the information to the Oversight Board State
Energy Resources Conservation and Development Commission and
the commission.
(h) This section does not apply to any of the following:
(1) Facilities owned by a local publicly owned electric utility as
defined in subdivision (d) of Section 9604.
(2) Any public agency that may generate electricity incidental to
the provision of water or wastewater treatment.
(3) Facilities owned by a city and county operating as a public
utility, furnishing electric service as provided in Section 10001.
SEC. 1281. Division 1.5 (commencing with Section
3300) of the Public Utilities Code is repealed.
SEC. 1282. Division 1.5 (commencing with Section
3300) is added to the Public Utilities Code ,
to read:
DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION
FINANCING ACT
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
3300. The Legislature finds and declares that in order to furnish
the citizens of California with reliable, affordable electrical
power, to ensure sufficient power reserves, to assure stability and
rationality in California's electricity market, to encourage energy
efficiency and conservation as well as the use of renewable energy
resources, and to protect the public health, welfare, and safety, the
state needs to finance, purchase, lease, own, operate, acquire, or
otherwise provide financial assistance for public and private
facilities for the generation and transmission of electricity and for
renewable energy, energy efficiency, and conservation programs.
3301. This division shall be known and may be cited as the
California Consumer Power and Conservation Financing Act.
3302. As used in this division, unless the context otherwise
requires, the following terms have the following meanings:
(a) "Act" means the California Consumer Power and Conservation
Financing Act.
(b) "Bond purchase agreement" means a contractual agreement
executed between the State Energy Resources Conservation and
Development Commission and an underwriter or underwriters and, where
appropriate, a participating party, whereby the State Energy
Resources Conservation and Development Commission agrees to sell
bonds issued pursuant to this division.
(c) "Bonds" means bonds, including structured, senior, and
subordinated bonds or other securities; loans; notes, including bond
revenue or grant anticipation notes; certificates of indebtedness;
commercial paper; floating rate and variable maturity securities; and
any other evidences of indebtedness or ownership, including
certificates of participation or beneficial interest, asset backed
certificates, or lease-purchase or installment purchase agreements,
whether taxable or excludable from gross income for state and federal
income taxation purposes.
(d) "Commission" means the Public Utilities Commission.
(e) "Cost," as applied to a program, project or portion thereof
financed under this division, means all or any part of the cost of
construction, improvement, repair, reconstruction, renovation, and
acquisition of all lands, structures, improved or unimproved real or
personal property, rights, rights-of-way, franchises, licenses,
easements, and interests acquired or used for a project; the cost of
demolishing or removing or relocating any buildings or structures on
land so acquired, including the cost of acquiring any lands to which
the buildings or structures may be moved; the cost of all machinery
and equipment; financing charges; the costs of any environmental
mitigation; the costs of issuance of bonds or other indebtedness;
interest prior to, during, and for a period after, completion of the
project, as determined by the State Energy Resources Conservation and
Development Commission; provisions for working capital; reserves for
principal and interest; reserves for reduction of costs for loans or
other financial assistance; reserves for maintenance, extension,
enlargements, additions, replacements, renovations, and improvements;
and the cost of architectural, engineering, financial, appraisal,
and legal services, plans, specifications, estimates, administrative
expenses, and other expenses necessary or incidental to determining
the feasibility of any project, enterprise, or program or incidental
to the completion or financing of any project or program.
(f) "Electrical corporation" has the same meaning as that
term is defined in Section 218.
(g) "Energy Commission" means the State Energy Resources
Conservation and Development Commission and any board, commission,
department, or officer succeeding to the functions thereof, or to
whom the powers conferred upon the State Energy Resources
Conservation and Development Commission by this division shall be
given by law.
(h) "Enterprise" means a revenue-producing improvement, building,
system, plant, works, facilities, or undertaking used for or useful
for the generation or production of electric energy for lighting,
heating, and power for public or private uses. Enterprise includes,
but is not limited to, all parts of the enterprise, all appurtenances
to it, lands, easements, rights in land, water rights, contract
rights, franchises, buildings, structures, improvements, equipment,
and facilities appurtenant or relating to the enterprise.
(i) "Financial assistance" in connection with a project,
enterprise or program, includes, but is not limited to, any
combination of grants, loans, the proceeds of bonds issued by the
Energy Commission or its predecessors, insurance, guarantees or other
credit enhancements or liquidity facilities, and contributions of
money, property, labor, or other things of value, as may be approved
by resolution of the Energy Commission; the purchase or retention of
Energy Commission bonds under this division, the bonds of a
participating party for their retention or for sale by the Energy
Commission under this division, or the issuance of Energy Commission
bonds or the bonds of a special purpose trust used to fund the cost
of a project or program for which a participating party is directly
or indirectly liable, including, but not limited to, bonds, the
security for which is provided in whole or in part pursuant to the
powers granted by this division; bonds for which the Energy
Commission has provided a guarantee or enhancement; or any other type
of assistance determined to be appropriate by the Energy Commission.
(j) "Fund" means the California Consumer Power and Conservation
Financing Fund.
(k) "Loan agreement" means a contractual agreement executed
between the Energy Commission and a participating party that provides
that the Energy Commission will loan funds to the participating
party and that the participating party will repay the principal and
pay the interest and redemption premium, if any, on the loan.
(l) "Local publicly owned electric utility" has the same meaning
as that term is defined in Section 9604.
(m) "Participating party" means either of the following:
(1) Any person, company, corporation, partnership, firm, federally
recognized California Indian tribe, or other entity or group of
entities, whether organized for profit or not for profit, engaged in
business or operations within the state and that applies for
financial assistance from the Energy Commission for the purpose of
implementing a project or program in a manner prescribed by the
Energy Commission pursuant to this division.
(2) Any subdivision of the state or local government, including,
but not limited to, departments, agencies, commissions, cities,
counties, nonprofit corporations, special districts, assessment
districts, and joint powers authorities within the state or any
combination of these subdivisions, that has, or proposes to acquire,
an interest in a project, or that operates or proposes to operate a
program under Section 3365, and that makes application to the Energy
Commission for financial assistance in a manner prescribed by the
Energy Commission pursuant to this division.
(n) "Program" means a program that provides financial assistance,
as provided in Article 6 (commencing with Section 3365).
(o) "Project" means plants, facilities, equipment, appliances,
structures, expansions, and improvements within the state that serve
the purposes of this division as approved by the Energy Commission,
and all activities and expenses necessary to initiate and complete
those projects described in Article 5 (commencing with Section 3350)
and Article 7 (commencing with Section 3368), of Chapter 3.
(p) "Revenues" means all receipts, purchase payments, loan
repayments, lease payments, rents, fees and charges, and all other
income or receipts derived by the Energy Commission from an
enterprise, or by the Energy Commission or a participating party from
any other financing arrangement undertaken by the Energy Commission
or a participating party, including, but not limited to, all receipts
from a bond purchase agreement, and any income or revenue derived
from the investment of any money in any fund or account of the Energy
Commission or a participating party.
(q) "State" means the State of California.
3303. (a) The State Energy Resources Conservation and Development
Commission succeeds to, and is vested with, all the duties, powers,
purposes, responsibilities, and jurisdiction of the California
Consumer Power and Conservation Financing Authority.
(b) All officers and employees of the California Consumer Power
and Conservation Financing Authority who are serving in the state
civil service, other than as temporary employees, shall be
transferred to the State Energy Resources Conservation and
Development Commission. The status, positions, and rights of those
persons shall not be affected by the transfer and shall be retained
by those persons as officers and employees of the State Energy
Resources Conservation and Development Commission, pursuant to the
State Civil Service Act (Part 2 (commencing with Section 18500) of
Division 5 of Title 2 of the Government Code), except as to positions
exempt from the civil service.
(c) The State Energy Resources Conservation and Development
Commission shall have possession and control of all records, papers,
offices, equipment, supplies, moneys, funds, appropriations,
licenses, permits, agreements, contracts, claims, judgments, land,
and other property, real or personal, connected with the
administration of, or held for, the benefit or use of the California
Consumer Power and Conservation Financing Authority.
(d) (1) Any regulation or other action, adopted, prescribed,
taken, or performed by an agency or officer in the administration of
a program or the performance of a duty, responsibility, or
authorization transferred by the act adding this section shall remain
in effect and shall be deemed to be a regulation or action of the
agency or officer to whom the program, duty, responsibility, or
authorization is transferred.
(2) No suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty,
responsibility, or authorization transferred by the act adding this
section, shall abate by reason of the transfer of the program, duty,
responsibility, or authorization under the act adding this section.
(e) Any reference to the California Consumer Power and
Conservation Financing Authority shall refer to the Energy
Commission, and any other law or regulation referring to the
California Consumer Power and Conservation Financing Authority shall
mean the Energy Commission.
3304. Any action taken pursuant to this division is exempt from
the Administrative Procedure Act, as defined in Section 11370 of the
Government Code.
CHAPTER 2. AUTHORITY OF THE ENERGY COMMISSION
3310. The Energy Commission may exercise its powers under this
division pursuant to Article 4 (commencing with Section 3340) of
Chapter 3 to do all of the following:
(a) Establish, finance, purchase, lease, own, operate, acquire, or
construct generating facilities and other projects and enterprises,
on its own or through agreements with public and private third
parties or joint ventures with public or private entities, or provide
financial assistance for projects or programs by participating
parties, to supplement private and public sector power supplies,
taking into account generation facilities in operation or under
development as of the effective date of this section, and to ensure a
sufficient and reliable supply of electricity for California's
consumers at just and reasonable rates.
(b) Finance programs, administered by the Energy Commission, the
commission, and other approved participating parties for consumers
and businesses to invest in cost-effective energy efficient
appliances, renewable energy projects, and other programs that will
reduce the demand for energy in California.
(c) Finance natural gas transportation and storage projects under
Article 7 (commencing with Section 3368) of Chapter 3.
(d) Achieve an adequate energy reserve capacity in California
within five years of the effective date of this division.
(e) Provide financing for owners of aged, inefficient, electric
powerplants to perform necessary retrofits to improve the efficiency
and environmental performances of those powerplants.
3320. The Energy Commission shall implement the purposes of
Chapter 2 (commencing with Section 3310), and to that end finance
projects and programs in accordance with this division, all to the
mutual benefit of the people of the state and to protect their
health, welfare, and safety.
3328. The California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government Code)
applies to all records of the Energy Commission under this division.
3330. The Energy Commission shall manage the fund. Except as
otherwise provided in this section, the Energy Commission may assign
to a designee, by resolution, those duties generally necessary or
convenient to carry out its powers and purposes under this division.
Any action involving final approval of any bonds, notes, loans, or
other financial assistance shall require the approval of a majority
of the members of the Energy Commission.
3340. The Energy Commission may do all things generally necessary
or convenient to carry out its powers under, and the purposes of,
this division.
3341. In connection with the purposes of this division, the
Energy Commission may do any or all of the following:
(a) Issue bonds, from time to time, as further provided in Chapter
5 (commencing with Section 3380.1), to pay all or part of the cost
of any enterprise, project, or program, or to otherwise carry out the
purposes of this division.
(b) Enter into joint powers agreements with eligible public
agencies pursuant to Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1 of the Government Code.
(c) Subject to any statutory or constitutional limitation on their
use, do any of the following as may, in the determination of the
Energy Commission, be necessary or convenient for the successful
development, conduct, or financing of a project, program, or
enterprise, or for carrying out the purposes of this division:
(1) Engage the services, including, without limitation, the
services of private consultants; attorneys; financial professionals
and advisors; engineers; architects; construction, land use and
environmental experts; and accountants, to render professional and
technical assistance and advice.
(2) Contract for engineering, architectural, accounting, or other
services of appropriate state agencies.
(3) Pay the reasonable costs, including, without limitation, costs
of consulting engineers, architects, accountants, and construction,
land use, and environmental experts employed by the Energy Commission
or any participating party. Except as otherwise provided in Section
3341.5, those costs shall be recovered from participating parties.
(d) Acquire, lease, take title to, and sell by installment sale or
otherwise, lands, structures, real or personal property, rights,
rights-of-way, franchises, easements, and other interests in lands
that are located within the state, as the Energy Commission
determines to be necessary or convenient for an enterprise or the
financing of a project, upon terms and conditions the Energy
Commission considers to be reasonable.
(e) Make, receive, or serve as a conduit for the making of, or
otherwise provide for, grants, contributions, guarantees, insurance,
credit enhancements or liquidity facilities, or other financial
enhancements to a participating party as financial assistance for a
project or program. The sources may include bond proceeds, dedicated
taxes, state appropriations, federal appropriations, federal grants
and loan funds, public and private sector retirement system funds,
and proceeds of loans from the Pooled Money Investment Account, or
any other source of money, property, labor, or other things of value.
(f) Make loans to any participating party, either directly or by
making a loan to a lending institution or other financial
intermediary, in connection with the financing of a project or
program in accordance with an agreement between the Energy Commission
and a participating party, either as a sole lender or in
participation with other lenders.
(g) Make loans to any participating party, either directly or by
making a loan to a lending institution, in accordance with an
agreement between the Energy Commission and the participating party
to refinance indebtedness incurred by the participating party in
connection with projects undertaken and completed prior to any
agreement with the Energy Commission or expectation that the Energy
Commission would provide financing, either as a sole lender or in
participation with other lenders. The power generated by those
projects shall be subject to the terms and conditions specified by
the Energy Commission in the agreement and pursuant to Section 3351.
(h) Mortgage all or any portion of the Energy Commission's
interest in a project or enterprise and the property on which any
project or enterprise is located, whether owned or thereafter
acquired, including the granting of a security interest in any
property, tangible or intangible.
(i) Assign or pledge all or any portion of the Energy Commission's
interest in assets, things of value, mortgages, deeds of trust,
bonds, bond purchase agreements, loan agreements, indentures of
mortgage or trust, or similar instruments, notes, and security
interests in property, tangible or intangible and the revenues
therefrom, of a participating party to which the Energy Commission
has made loans, and the revenues therefrom, including payment or
income from any interest owned or held by the Energy Commission, for
the benefit of the holders of bonds.
(j) Lease the project being financed to a participating party,
upon terms and conditions that the Energy Commission deems proper;
charge and collect rents therefor; terminate any lease upon the
failure of the lessee to comply with any of the obligations thereof;
include in any lease, if desired, provisions that the lessee shall
have options to renew the lease for a period or periods, and at rents
determined by the Energy Commission; purchase any or all of the
project; or, upon payment of all the indebtedness incurred by the
Energy Commission for the financing of the project, the Energy
Commission may convey, any or all of the project to the lessee or
lessees. The power generated by those projects shall be subject to
the terms and conditions specified by the Energy Commission in the
agreement and pursuant to Section 3351.
(k) (1) Issue, obtain, or aid in obtaining, from any department or
agency of the United States, from other agencies of the state, or
from any private company, any insurance or guarantee to or for, or
any letter or line of credit regarding, the payment or repayment of
interest or principal, or both, or any part thereof, on any bond,
loan, lease, or obligation or any instrument evidencing or securing
the same, made or entered into pursuant to this division.
(2) Notwithstanding any other provision of this division, enter
into any agreement, contract, or other instrument regarding any
insurance, guarantee, letter or line of credit specified in paragraph
(1), and accept payment in the manner and form provided therein in
the event of default by a participating party.
(3) Assign any insurance, guarantee, letter or line of credit
specified in paragraph (1) as security for bonds issued by the Energy
Commission.
(l) Enter into any agreement or contract, execute any instrument,
and perform any act or thing necessary or convenient to, directly or
indirectly, secure the Energy Commission's bonds or a participating
party's obligations to the Energy Commission, including, but not
limited to, bonds of a participating party purchased by the Energy
Commission for retention or sale, with funds or moneys that are
legally available and that are due or payable to the participating
party by reason of any grant, allocation, apportionment, or
appropriation of the state or agencies thereof, to the extent that
the Controller shall be the custodian at any time of these funds or
moneys, or with funds or moneys that are or will be legally available
to the participating party, the Energy Commission, or the state or
any agencies thereof by reason of any grant, allocation,
apportionment, or appropriation of the federal government or agencies
thereof; and in the event of written notice that the participating
party has not paid or is in default on its obligations to the Energy
Commission, direct the Controller to withhold payment of those funds
or moneys from the participating party over which it is or will be
custodian and to pay the same to the Energy Commission or its
assignee, or direct the state or any agencies thereof to which any
grant, allocation, apportionment, or appropriation of the federal
government or agencies thereof is or will be legally available to pay
the same upon receipt to the Energy Commission or its assignee,
until the default has been cured and the amounts then due and unpaid
have been paid to the Energy Commission or its assignee, or until
arrangements satisfactory to the Energy Commission have been made to
cure the default.
(m) Purchase, with the proceeds of the Energy Commission's bonds,
bonds issued by, or for the benefit of, any participating party in
connection with a project, pursuant to a bond purchase agreement or
otherwise. Bonds purchased pursuant to this division may be held by
the Energy Commission, pledged or assigned by the Energy Commission,
or sold to public or private purchasers at public or negotiated sale,
in whole or in part, separately or together with other bonds issued
by the Energy Commission, and notwithstanding any other provision of
law, may be bought by the Energy Commission at private sale.
(n) Enter into purchase and sale agreements with all entities,
public and private, including state and local government pension
funds, with respect to the sale or purchase of bonds.
3341.1. In connection with an enterprise, the Energy Commission
may do any or all of the following:
(a) Acquire any enterprise by gift, purchase, or eminent domain as
necessary to achieve the purposes of the Energy Commission pursuant
to Sections 3310 and 3352.
(b) Construct or improve any enterprise. By gift, lease, purchase,
eminent domain, or otherwise, it may acquire any real or personal
property, for an enterprise, except that no property of a state
public body may be acquired without its consent. The Energy
Commission may sell, lease, exchange, transfer, assign, or otherwise
dispose of any real or personal property or any interest in such
property. It may lay out, open, extend, widen, straighten, establish,
or change the grade of any real property or public rights-of-way
necessary or convenient for any enterprise.
(c) Operate, maintain, repair, or manage all or any part of any
enterprise, including the leasing for commercial purposes of surplus
space or other space that is not economic to use for such enterprise.
(d) Adopt reasonable rules or regulations for the conduct of the
enterprise.
(e) Prescribe, revise, and collect charges for the services,
facilities, or energy furnished by the enterprise. The charges shall
be established and adjusted so as to provide funds sufficient with
other revenues and moneys available therefor, if any, to (1) pay the
principal of and interest on outstanding bonds of the Energy
Commission financing such enterprise as the same shall become due and
payable, (2) create and maintain reserves, including, without
limitation, operating and maintenance reserves and reserves required
or provided for in any resolution authorizing, or trust agreement
securing such bonds, and (3) pay operating and administrative costs
of the Energy Commission.
(f) Execute all instruments, perform all acts, and do all things
necessary or convenient in the exercise of the powers granted by this
article.
3341.2. In connection with a project, the Energy Commission may
do any or all of the following:
(a) Determine the location and character of any project to be
financed under this division.
(b) Acquire, construct, enlarge, remodel, renovate, alter,
improve, furnish, equip, own, maintain, manage, repair, operate,
lease as lessee or lessor, or regulate any project to be financed
under this division.
(c) Contract with any participating party for the construction of
a project by such participating party.
(d) Enter into leases and agreements, as lessor or lessee, with
any participating party relating to the acquisition, construction,
and installation of any project, including real property, buildings,
equipment, and facilities of any kind or character.
(e) Establish, revise, charge and collect rates, rents, fees, and
charges for a project. The rates, rents, fees, and charges shall be
established and adjusted in respect of the aggregate rates, rents,
fees, and charges from all projects so as to provide funds sufficient
with other revenues and moneys available therefor, if any, to (1)
pay the principal of and interest on outstanding bonds of the Energy
Commission financing such project as the same shall become due and
payable, (2) create and maintain reserves, including, without
limitation, operating and maintenance reserves and reserves required
or provided for in any resolution authorizing, or trust agreement
securing such bonds, and (3) pay operating and administrative costs
of the Energy Commission.
(f) Enter into contracts of sale with any participating party
covering any project financed by the Energy Commission.
(g) As an alternative to leasing or selling a project to a
participating party, finance the acquisition, construction, or
installation of a project by means of a loan to the participating
party.
(h) Execute all instruments, perform all acts, and do all things
necessary or convenient in the exercise of the powers granted by this
article.
3341.5. In connection with the purposes of this division, the
Energy Commission shall charge and equitably apportion among
participating parties or other public or private entities the Energy
Commission's administrative costs and expenses, including operating
and financing-related costs incurred in the exercise of the powers
and duties conferred by this division, except to the extent that
those costs are related to one of the Energy
Commission's own enterprises or projects, in
which case costs shall be included in the cost of generating that
electricity as provided in Section 3351.
3342. The fiscal powers granted to the Energy Commission by this
division may be exercised without regard or reference to any other
department, division, or agency of the state, except the Legislature
or as otherwise stated in this division. This division shall be
deemed to provide an alternative method of doing the things
authorized by this division, and shall be regarded as supplemental
and additional to powers conferred by other laws.
3343. No member of the Energy Commission or any person executing
bonds of the Energy Commission pursuant to this division shall be
personally liable on the bonds or subject to any personal liability
or accountability by reason of the issuance thereof.
3344. All expenses incurred in carrying out this division shall
be payable solely from funds provided under the authority of this
division and no liability or obligation shall be imposed upon the
state and no expenses shall be incurred by the Energy Commission in
carrying out this division beyond the extent to which moneys shall
have been provided under this division. Under no circumstances shall
the Energy Commission create any debt, liability, or obligation on
the part of the state payable from any source whatsoever other than
the moneys provided under this division.
3345. The Energy Commission's operating budget under this
division shall be subject to review and appropriation in the annual
Budget Act. For purposes of this section, the Energy Commission's
operating budget under this division shall include the costs of
personnel, administration, and overhead attributable to carrying out
the duties of this division.
3346. Notwithstanding Section 7550.5 of the Government Code, the
Energy Commission shall, on or before January 1 of each year, prepare
and submit to the Governor, the Chairperson of the Joint Legislative
Budget Committee, and the chairperson of the committee in each house
that considers appropriations, a report regarding its activities and
expenditures pursuant to this division.
3350. In evaluating the eligibility for financing of additional
generation facilities, the Energy Commission shall utilize its own,
and the Independent System Operator's, or their successor's,
information relating to the need for additional generating facilities
and their forecasts of electric supply and demand for the state.
3351. (a) All generation-related projects and enterprises
financed pursuant to this division shall provide electricity to the
consumers of this state at the cost of generating that electricity,
including the costs of financing those projects or enterprises. To
the extent that electricity is not needed in the state, or that it is
financially advantageous to California consumers, the electricity
may be sold outside the state at just and reasonable rates.
(b) If a participating party is an electrical corporation, the
commission shall determine the cost of generating electricity and to
which entities the electricity is sold.
(c) If a participating party is a local publicly owned electric
utility seeking to provide electricity to consumers in its service
territory, the governing board of that utility shall determine the
cost of generating electricity and to which entities the electricity
is sold.
(d) If neither subdivision (b) nor subdivision (c) applies, the
Energy Commission shall determine the cost of generating electricity
and to which entities the electricity is sold, consistent with
subdivision (a).
3352. In addition to the other powers provided in this division,
the activities of the Energy Commission under this article are
intended to supplement private and public sector power supplies,
taking into account generation facilities in operation or under
development as of the effective date of this section, consistent with
achieving reasonable energy capacity reserves within five years of
the effective date of this division.
3353. The Energy Commission may receive and act on applications
for financial assistance from owners of existing powerplants whose
owners or operators commit to undertake capacity expansion through
facility retrofits, new construction, or both, that will improve the
efficiency and environmental performance of generation facilities.
3354. All generation facilities constructed or improved pursuant
to this division shall comply with Chapter 1 (commencing with Section
1720) of Part 7 of Division 2 of the Labor Code.
3355. The Energy Commission shall not invest in any nuclear
facilities or develop additional hydroelectric facilities without
first receiving specific statutory authorization to do so on a
project-by-project basis.
3356. (a) If the Energy Commission determines under Section 3350
that additional electric generation supply is required to meet the
purposes of this division, the Energy Commission may undertake the
following activities to ensure that the Energy Commission, or any
participating party, is able to build, own, and operate generation
facilities as part of a least cost electric supply policy:
(1) Identify suitable sites for the construction of generation
facilities, taking into account fuel supply, interconnection,
community, and environmental factors.
(2) Secure rights to the sites identified, including, but not
limited to, fee simple acquisition, leaseholds, or options.
(3) Conduct any studies that may be necessary to construct and
operate generation facilities at the site, including, but not limited
to, environmental, engineering, or feasibility studies.
(4) Conduct all applicable public and community involvement
processes.
(5) Apply for permits, licenses, or other local, state, or federal
approvals, including, but not limited to, compliance with the
applicable procedures of the Energy Commission.
(b) The Energy Commission may request proposals from qualified
participating parties to purchase, lease, or otherwise acquire sites
for the purpose of developing generation facilities that will provide
the lowest cost power to consumers over the life of the facilities,
consistent with Section 3351.
(c) The Energy Commission shall comply with all applicable air
quality laws and regulations and the Warren-Alquist State Energy
Resources Conservation and Development Act (Division 15 (commencing
with Section 25000) of the Public Resources Code).
3365. The Energy Commission may provide loans, utilizing up to
one billion dollars ($1,000,000,000) of the bond authority, under
terms and conditions approved by the Energy Commission, to any
participating party, which shall use that loan to make loans
available to California consumers and businesses for all of the
following purposes:
(a) The purchase of consumer appliances and home improvements with
electric and gas energy efficiency or renewable energy
characteristics, as approved by the Energy Commission, the
commission, or a participating local publicly owned electric utility,
as applicable.
(b) The purchase or lease of business equipment and facility
improvements with electric and gas energy efficiency or renewable
energy characteristics, as approved by the Energy Commission, the
commission, or a participating local publicly owned electric utility,
as applicable.
(c) Any other electric or natural gas energy conservation program
or any program for the use of renewable energy resources, as approved
by the Energy Commission, the commission, or a participating local
publicly owned electric utility, as applicable.
3366. As a condition of receipt of a loan pursuant to Section
3365, a participating party shall be required to conduct a
comprehensive marketing program that makes consumers aware of the
availability of these financial assistance programs, and to provide
appropriate security for repayment of the loan, including, without
limitation, a pledge to the Energy Commission of consumer and
business loan repayments collected through utility bills, as
applicable and a certification that the duration of a loan will not
exceed the useful life of a purchase.
3367. The Energy Commission shall require that any equipment or
improvement financed by a loan made pursuant to this article shall be
certified as having been installed or completed.
3367.5. The Energy Commission may require that a participating
party utilize a consumer protection plan for screening qualified
contractors who serve consumers under this article.
3368. (a) The commission shall prepare and submit to the Energy
Commission and to the Legislature, within 90 days of the effective
date of the act adding this section, a report on the present,
planned, and required future capacity of the state's natural gas
transportation and storage system to provide adequate, seasonally
reliable amounts of competitively priced natural gas to residential,
commercial, and industrial customers, including, but not limited to,
electric generating plants.
(b) The Energy Commission may provide financing for natural gas
transportation or storage projects recommended to it by the
commission. In recommending a project to the Energy Commission, the
commission shall ensure that the project is in the public interest.
(c) Nothing in this section prevents the commission from acting on
its own authority to direct gas corporations within its jurisdiction
to construct, or facilitate the construction or operation, by the
owners or operators of pipelines not within the jurisdiction of the
commission, of, natural gas transportation and storage facilities as
the commission determines to be needed to provide adequate,
seasonally reliable amounts of competitively priced natural gas to
residential, commercial, and industrial customers, including, but not
limited to, electric generating plants.
3369. (a) Within 180 days of the effective date of this division,
the Energy Commission, in consultation with the Independent System
Operator, shall develop an Energy Resource Investment Plan and submit
that plan to the Governor and the Joint Legislative Budget Committee
and the chairs of the policy committees with jurisdiction over
energy policy in the State of California.
(b) The Energy Resource Investment Plan shall take into account
California's anticipated energy service needs for both electricity
and natural gas over the next decade. The plan shall address issues
regarding adequacy of supply, storage, reliability of service, grid
congestion, and environmental quality. In developing the investment
plan, the Energy Commission shall compare the costs of various energy
resources, including a comparison of the costs and benefits of
demand reduction strategies with the costs and benefits of additional
generation supply. The plan shall acknowledge the potential
volatility of fossil fuel prices and the value of resources that
avoid that price risk.
(c) The plan shall outline a strategy for cost-effective energy
resource investments, using the financing powers provided to the
Energy Commission by this division. The plan may recommend changes to
the specific expenditure authority granted in this division in order
to carry out the investment strategy contained in the plan.
(d) The plan shall be developed with input from interested parties
at scheduled public hearings of the Energy Commission. The Energy
Commission shall adopt the plan by majority vote at a public meeting.
The Energy Commission shall update the plan on a regular basis as
determined by the Energy Commission.
(e) All investments made by the Energy Commission under this
division shall be consistent with the strategy outlined in the Energy
Resource Investment Plan. Nothing in this section shall preclude the
Energy Commission from exercising its powers prior to the adoption
of the initial Energy Resource Investment Plan.
(f) The Energy Commission shall be the agency responsible for
ensuring that the investment strategy outlined in the Energy Resource
Investment Plan is implemented. To that end, the Energy Commission
may, on its own or through a partnership with a participating party,
make those investments necessary to ensure that the plan is
implemented.
3369.5. Nothing in this division shall be construed to obviate
the need to review the roles, functions, and duties of other state
energy oversight agencies and, where appropriate, change or
consolidate those roles, functions, and duties. To achieve that
efficiency, the Governor may propose to the Legislature a
Governmental Reorganization Plan, pursuant to Section 8523 of the
Government Code and Section 6 of Article V of the Constitution.
CHAPTER 3. CALIFORNIA CONSUMER POWER AND CONSERVATION
FINANCING FUND
3370. (a) There is hereby created in the State Treasury the
California Consumer Power and Conservation Financing Authority Fund
for expenditure by the Energy Commission for the purpose of
implementing the objectives and provisions of this division. For the
purposes of subdivision (e), or as necessary or convenient to the
accomplishment of any other purpose of the Energy Commission under
this division, the Energy Commission may establish within the fund
additional and separate accounts and subaccounts.
(b) The assets of the fund shall be available for the payment of
the salaries and other expenses charged against it in accordance with
this division.
(c) Except as provided under Section 3345, all moneys in the fund
that are not General Fund moneys are continuously appropriated to the
Energy Commission and may be used for any reasonable costs which may
be incurred by the Energy Commission in the exercise of its powers
under this division.
(d) The fund, on behalf of the Energy Commission, may borrow or
receive moneys from the Energy Commission, or from any federal,
state, or local agency or private entity, to create reserves in the
fund as provided in this division and as authorized by the Energy
Commission.
(e) The Energy Commission may pledge any or all of the moneys in
the fund (including in any account or subaccount) as security for
payment of the principal of, and interest on, any particular issuance
of bonds issued pursuant to this division.
(f) The Energy Commission, may, from time to time, direct the
Treasurer to invest moneys in the fund that are not required for the
Energy Commission's current needs, including proceeds from the sale
of any bonds, in any securities permitted by law as the Energy
Commission shall designate. The Energy Commission also may direct the
Treasurer to deposit moneys in interest-bearing accounts in state or
national banks or other financial institutions having principal
offices in this state. The Energy Commission may alternatively
require the transfer of moneys in the fund to the Surplus Money
Investment Fund for investment pursuant to Article 4 (commencing with
Section 16470) of Chapter 3 of Part 2 of Division 4 of the
Government Code. All interest or other increment resulting from an
investment or deposit shall be deposited in the fund, notwithstanding
Section 16305.7 of the Government Code. Moneys in the fund shall not
be subject to transfer to any other fund pursuant to any provision
of Part 2 (commencing with Section 16300) of Division 4 of the
Government Code, excepting the Surplus Money Investment Fund.
CHAPTER 4. BONDS
3380.1. For the purposes provided in this division, the Energy
Commission is authorized to incur indebtedness and to issue
securities of any kind or class, at public or private sale by the
Treasurer, and to renew the same, provided that all such
indebtedness, howsoever evidenced, shall be payable solely from
revenues. The Energy Commission may issue bonds for the purposes of
this division in an amount not to exceed five billion dollars
($5,000,000,000), exclusive of any refundings.
3380.2. In connection with the issuance of bonds, in addition to
the powers otherwise provided in this division, the Energy Commission
may do all of the following:
(a) Issue, from time to time, bonds payable from and secured by a
pledge of all or any part of the revenues in order to finance the
activities authorized by this division, including, without
limitation, an enterprise or multiple enterprises, a single project
for a single participating party, a series of projects for a single
participating party, a single project for several participating
parties, or several projects for several participating parties, and
to sell those bonds at public or private sale by the Treasurer, in
the form and on those terms and conditions as the Treasurer, as agent
for sale, shall approve.
(b) Pledge all or any part of the revenues to secure bonds and any
repayment or reimbursement obligations of the Energy Commission to
any provider of insurance or a guarantee of liquidity or credit
facility entered into to provide for the payment or debt service on
any bond.
(c) Employ and compensate bond counsel, financial consultants,
underwriters, and other advisers determined necessary and appointed
by the Treasurer in connection with the issuance and sale of any
bond.
(d) Issue bonds to refund or purchase or otherwise acquire bonds
on terms and conditions as the Treasurer, as agent for sale, shall
approve.
(e) Perform all acts that relate to the function and purpose of
the Energy Commission under this division, whether or not
specifically designated in this chapter.
3381. Bonds issued by the Energy Commission are legal investments
for all trust funds, the funds of all insurance companies, banks,
both commercial and savings, trust companies, executors,
administrators, trustees, and other fiduciaries, for state school
funds, pension funds, and for any funds that may be invested in
county, school, or municipal bonds. The bonds issued under this
division are securities that may legally be deposited with, and
received by, any state or municipal officer or agency or political
subdivision of the state, including, without limitation, local
agencies, schools, and pension funds, for any purpose for which the
deposit of bonds or obligations of the state is now, or may hereafter
be, authorized by law, including deposits to secure public funds.
3382. The Energy Commission is authorized to obtain loans from
the Pooled Money Investment Account pursuant to Sections 16312 and
16313 of the Government Code. These loans shall be subject to the
terms negotiated with the Pooled Money Investment Board, including,
but not limited to, a pledge of Energy Commission bond proceeds or
revenues.
3383. Bonds issued under this division shall not be deemed to
constitute a debt or liability of the state or of any political
subdivision thereof, other than the Energy Commission, or a pledge of
the faith and credit of the state or of any political subdivision,
other than the Energy Commission, but shall be payable solely from
the funds herein provided therefor. All bonds issued under this
division shall contain on the face thereof a statement to the
following effect: "Neither the faith and credit nor the taxing power
of the State of California or any local agency is pledged to the
payment of the principal of or interest on this bond." The issuance
of bonds under this division shall not directly or indirectly or
contingently obligate the state or any political subdivision thereof
to levy or to pledge any form of taxation whatever therefor or to
make any appropriation for their payment. Nothing in this section
shall prevent nor be construed to prevent the Energy Commission from
pledging its full faith and credit to the payment of bonds or issue
of bonds authorized pursuant to this division.
CHAPTER 5. TERMINATION PROVISIONS
3384. The Energy Commission shall not finance or approve any new
program, enterprise, or project under this division on or after
January 1, 2007, unless authority to approve such an activity is
granted by statute enacted on or before January 1, 2007.
SEC. 1283. Section 132355.4 of the
Public Utilities Code is amended to read:
132355.4. (a) Whenever a majority of the employees employed by
the consolidated agency in a unit appropriate for collective
bargaining indicate a desire to be represented by a labor
organization, and upon determining that the labor organization
represents at least a majority of the employees in the appropriate
unit, the determination of questions concerning employee
representation and the conduct of employee-employer relations for the
consolidated agency shall be governed by the Meyers-Milias-Brown Act
(Chapter 10 (commencing with Section 3500) of Division 4 of Title 1
of the Government Code).
(b) For the purposes of the wage orders of the Industrial
Welfare Commission Labor and Workforce Development
Agency , the consolidated agency shall be considered a special
district.
SEC. 1284. Section 185012 of the
Public Utilities Code is amended to read:
185012. As used in this division, unless the context requires
otherwise, the following terms have the following meanings:
(a) "Authority" means the High-Speed Rail Authority
or "High - Speed R
ail Authority" means the California
Transportation Commission .
(b) "Commission" means the California Transportation Commission.
(b)
(c) "Department" means the Department of
Transportation.
(c)
(d) "High-speed rail" means intercity
passenger rail service that utilizes an alignment and technology that
makes it capable of sustained speeds of 200 miles per hour or
greater.
SEC. 1285. Section 185020 of the Public
Utilities Code is repealed.
185020. (a) There is in state government a High-Speed Rail
Authority.
(b) (1) The authority is composed of nine members as follows:
(A) Five members appointed by the Governor.
(B) Two members appointed by the Senate Committee on Rules.
(C) Two members appointed by the Speaker of the Assembly.
(2) For the purposes of making appointments to the authority, the
Governor, the Senate Committee on Rules, and the Speaker of the
Assembly shall take into consideration geographical diversity to
ensure that all regions of the state are adequately represented.
(c) Except as provided in subdivision (d), and until their
successors are appointed, members of the authority shall hold office
for terms of four years. A vacancy shall be filled by the appointing
power making the original appointment, by appointing a member to
serve the remainder of the term.
(d) (1) On and after January 1, 2001, the terms of all persons who
are then members of the authority shall expire, but those members
may continue to serve until they are reappointed or until their
successors are appointed. In order to provide for evenly staggered
terms, persons appointed or reappointed to the authority after
January 1, 2001, shall be appointed to initial terms to expire as
follows:
(A) Of the five persons appointed by the Governor, one shall be
appointed to a term which expires on December 31, 2002, one shall be
appointed to a term which expires on December 31, 2003, one shall be
appointed to a term which expires on December 31, 2004, and two shall
be appointed to terms which expires on December 31, 2005.
(B) Of the two persons appointed by the Senate Committee on Rules,
one shall be appointed to a term which expires on December 31, 2002,
and one shall be
appointed to a term which expires on December 31, 2004.
(C) Of the two persons appointed by the Speaker of the Assembly,
one shall be appointed to a term which expires on December 31, 2003,
and one shall be appointed to a term which expires on December 31,
2005.
(2) Following expiration of each of the initial terms provided for
in this subdivision, the term shall expire every four years
thereafter on December 31.
(e) Members of the authority are subject to the Political Reform
Act of 1974 (Title 9 (commencing with Section 81000)).
(f) From among its members, the authority shall elect a
chairperson, who shall preside at all meetings of the authority, and
a vice chairperson to preside in the absence of the chairperson. The
chairperson shall serve a term of one year.
(g) Five members of the authority constitute a quorum for taking
any action by the authority.
SEC. 1286. Section 185022 of the Public
Utilities Code is repealed.
185022. (a) Each member of the authority shall receive
compensation of one hundred dollars ($100) for each day that the
member is attending to the business of the authority, but shall not
receive more than five hundred dollars ($500) in any calendar month.
(b) Members of the authority shall be reimbursed for their actual
travel expenses incurred in attending to the business of the
authority.
SEC. 1287. Section 185024 of the Public
Utilities Code is repealed.
185024. (a) The authority shall appoint an executive director,
who shall serve at the pleasure of the authority, to administer the
affairs of the authority as directed by the authority.
(b) The executive director is exempt from civil service and shall
be paid a salary established by the authority and approved by the
Department of Personnel Administration.
(c) The executive director may, as authorized by the authority,
appoint necessary staff to carry out the provisions of this part.
SEC. 1288. Section 185025 is added to the
Public Utilities Code , to read:
185025. (a) The California Transportation Commission hereby
succeeds to, and is vested with, all the powers, duties,
responsibilities, obligations, liabilities, and jurisdiction in
matters vested by law in the High-Speed Rail Authority, which shall
no longer exist.
(b) All regulations and orders adopted by the High-Speed Rail
Authority and any of its predecessors in effect immediately preceding
the effective date of this section shall remain in effect and shall
be fully enforceable unless and until readopted, amended, or
repealed, or until they expire by their own terms. Any statute, law,
rule, or regulation now in force, or that may hereafter be enacted or
adopted with reference to the High-Speed Rail Authority or any of
its predecessors shall mean the California Transportation Commission.
Any action by or against the High-Speed Rail Authority or any of its
predecessors shall not abate but shall continue in the name of the
California Transportation Commission, and the California
Transportation Commission shall be substituted for the High-Speed
Rail Authority and any of its predecessors by the court wherein the
action is pending. The substitution shall not in any way affect the
rights of the parties to the action.
(c) No contract, lease, license, bond, or any other agreement to
which the High-Speed Rail Authority or any of its predecessors are a
party shall be void or voidable by reason of this act, but shall
continue in full force and effect, with the California Transportation
Commission assuming all of the rights, obligations, liabilities, and
duties of the High-Speed Rail Authority and any of its predecessors.
That assumption by the California Transportation Commission shall
not in any way affect the rights of the parties to the contract,
lease, license, or agreement. Bonds issued by the High-Speed Rail
Authority or any of its predecessors on or before the effective date
of this section, shall become the indebtedness of the California
Transportation Commission. Any on-going obligations or
responsibilities of the High-Speed Rail Authority for managing and
maintaining bond issuances shall be transferred to the California
Transportation Commission without impairment to any security
contained in the bond instrument.
(d) On and after the effective date of this section, the
unexpended balance of all funds available for use by the High-Speed
Rail Authority or any of its predecessors in carrying out any
functions transferred to the California Transportation Commission
shall be available for use by the California Transportation
Commission. All books, documents, records, and property of the
High-Speed Rail Authority shall be transferred to the California
Transportation Commission.
(e) Any officer or employee of the High-Speed Rail Authority who
is performing a function transferred to the California Transportation
Commission and who is serving in the state civil service, other than
as a temporary employee, shall be transferred to the California
Transportation Commission pursuant to the provisions of Section
19050.9 of the Government Code. The status, position, and rights of
any officer or employee of the High-Speed Rail Authority shall not be
affected by the transfer and shall be retained by the person as an
officer or employee of the California Transportation Commission, as
the case may be, pursuant to the State Civil Service Act (Part 2
(commencing with Section 18500) of Division 5 of Title 2 of the
Government Code), except as to a position that is exempt from civil
service.
SEC. 1289. Section 185030 of the Public
Utilities Code is amended to read:
185030. The authority commission
shall direct the development and implementation of intercity
high-speed rail service that is fully integrated with the state's
existing intercity rail and bus network, consisting of interlinked
conventional and high-speed rail lines and associated feeder buses.
The intercity network in turn shall be fully coordinated and
connected with commuter rail lines and urban rail transit lines
developed by local agencies, as well as other transit services,
through the use of common station facilities whenever possible.
SEC. 1290. Section 185032 of the Public
Utilities Code is amended to read:
185032. (a) (1) Upon an appropriation in the Budget Act for that
purpose, the authority commission shall
prepare a plan for the construction and operation of a high-speed
train network for the state, consistent with and continuing the work
of the Intercity High-Speed Rail Commission conducted prior to
January 1, 1997 and the High - Speed
Rail Authority . The plan shall include an appropriate
network of conventional intercity passenger rail service and shall be
coordinated with existing and planned commuter and urban rail
systems.
(2) The authorization and responsibility for planning,
construction, and operation of high-speed passenger train service at
speeds exceeding 125 miles per hour in this state is exclusively
granted to the authority commission .
(3) Except as provided in paragraph (2), nothing in this
subdivision precludes other local, regional, or state agencies from
exercising powers provided by law with regard to planning or
operating, or both, passenger rail service.
(b) The plan, upon completion, shall be submitted to the
Legislature and the Governor for approval by the enactment of a
statute.
SEC. 1291. Section 185034 of the Public
Utilities Code is amended to read:
185034. The authority commission
may do any of the following:
(1)
(a) Conduct engineering and other studies related to
the selection and acquisition of rights-of-way and the selection of a
franchisee, including, but not limited to, environmental impact
studies, socioeconomic impact studies, and financial feasibility
studies.
(2)
(b) Evaluate alternative high-speed rail technologies,
systems and operators, and select an appropriate high-speed rail
system.
(3)
(c) Establish criteria for the award of a franchise.
(4)
(d) Accept grants, fees, and allocations from the
state, from political subdivisions of the state or from the federal
government, foreign governments, and private sources.
(5)
(e) Select a proposed franchisee, a proposed route, and
proposed terminal sites.
(6)
(f) Enter into contracts with public and private
entities for the preparation of the plan.
(7)
(g) Prepare a detailed financing plan, including any
necessary taxes, fees, or bonds to pay for the construction of the
high-speed train network.
(8)
(h) Develop a proposed high-speed rail financial plan,
including necessary taxes, bonds, or both, or other indebtedness, and
submit the plan to the Legislature and to the Governor.
(9)
(i) Keep the public informed of its activities.
SEC. 1292. Section 185036 of the Public
Utilities Code is amended to read:
185036. Upon approval by the Legislature, by the enactment of a
statute, or approval by the voters of a financial plan providing the
necessary funding for the construction of a high-speed network, the
authority commission may do any of the
following:
(a) Enter into contracts with private or public entities for the
design, construction and operation of high-speed trains. The
contracts may be separated into individual tasks or segments or may
include all tasks and segments, including a design-build or
design-build-operate contract.
(b) Acquire rights-of-way through purchase or eminent domain.
(c) Issue debt, secured by pledges of state funds, federal grants,
or project revenues. The pledge of state funds shall be limited to
those funds expressly authorized by statute or voter-approved
initiatives.
(d) Enter into cooperative or joint development agreements with
local governments or private entities.
(e) Set fares and schedules.
(f) Relocate highways and utilities.
SEC. 1293. Section 185038 of the Public
Utilities Code is amended to read:
185038. Any legal or equitable action brought against the
authority commission shall be brought
in a court of competent jurisdiction in the County of Sacramento. For
purposes of this section, subdivision (1) of Section 401 of the Code
of Civil Procedure does not apply.
SEC. 1294. Section 431 of the Revenue
and Taxation Code is amended to read:
431. For purposes of this article, the following terms have the
following meaning:
(a) "Timber" means trees of any species maintained for eventual
harvest for forest products purposes, whether planted or of natural
growth, standing or down, on privately or publicly owned lands,
including Christmas trees, but does not mean nursery stock.
(b) "Timberland" means land zoned pursuant to Chapter 6.7
(commencing with Section 51100) of Part 1 of Division 1 of Title 5 of
the Government Code.
(c) "Timber Advisory Committee" means a standing committee
appointed by the board composed of one representative of the Board of
Equalization, one representative of the State Board
Department of Forestry and Fire Protection, five
assessors from the rate adjustment counties defined in Section 38105,
and one member representing small-scale timber owners, and one
member representing large-scale timber owners.
SEC. 1295. Section 17053.34 of the
Revenue and Taxation Code is amended to read:
17053.34. (a) For each taxable year beginning on or after January
1, 1998, there shall be allowed a credit against the "net tax" (as
defined in Section 17039) to a qualified taxpayer who employs a
qualified employee in a targeted tax area during the taxable year.
The credit shall be equal to the sum of each of the following:
(1) Fifty percent of qualified wages in the first year of
employment.
(2) Forty percent of qualified wages in the second year of
employment.
(3) Thirty percent of qualified wages in the third year of
employment.
(4) Twenty percent of qualified wages in the fourth year of
employment.
(5) Ten percent of qualified wages in the fifth year of
employment.
(b) For purposes of this section:
(1) "Qualified wages" means:
(A) That portion of wages paid or incurred by the qualified
taxpayer during the taxable year to qualified employees that does not
exceed 150 percent of the minimum wage.
(B) Wages received during the 60-month period beginning with the
first day the employee commences employment with the qualified
taxpayer. Reemployment in connection with any increase, including a
regularly occurring seasonal increase, in the trade or business
operations of the qualified taxpayer does not constitute commencement
of employment for purposes of this section.
(C) Qualified wages do not include any wages paid or incurred by
the qualified taxpayer on or after the targeted tax area expiration
date. However, wages paid or incurred with respect to qualified
employees who are employed by the qualified taxpayer within the
targeted tax area within the 60-month period prior to the targeted
tax area expiration date shall continue to qualify for the credit
under this section after the targeted tax area expiration date, in
accordance with all provisions of this section applied as if the
targeted tax area designation were still in existence and binding.
(2) "Minimum wage" means the wage established by the
Industrial Welfare Commission Labor and Workforce
Development Agency as provided for in Chapter 1 (commencing
with Section 1171) of Part 4 of Division 2 of the Labor Code.
(3) "Targeted tax area expiration date" means the date the
targeted tax area designation expires, is revoked, is no longer
binding, or becomes inoperative.
(4) (A) "Qualified employee" means an individual who meets all of
the following requirements:
(i) At least 90 percent of his or her services for the qualified
taxpayer during the taxable year are directly related to the conduct
of the qualified taxpayer's trade or business located in a targeted
tax area.
(ii) Performs at least 50 percent of his or her services for the
qualified taxpayer during the taxable year in a targeted tax area.
(iii) Is hired by the qualified taxpayer after the date of
original designation of the area in which services were performed as
a targeted tax area.
(iv) Is any of the following:
(I) Immediately preceding the qualified employee's commencement of
employment with the qualified taxpayer, was a person eligible for
services under the federal Job Training Partnership Act (29 U.S.C.
Sec. 1501 et seq.), or its successor, who is receiving, or is
eligible to receive, subsidized employment, training, or services
funded by the federal Job Training Partnership Act, or its successor.
(II) Immediately preceding the qualified employee's commencement
of employment with the qualified taxpayer, was a person eligible to
be a voluntary or mandatory registrant under the Greater Avenues for
Independence Act of 1985 (GAIN) provided for pursuant to Article 3.2
(commencing with Section 11320) of Chapter 2 of Part 3 of Division 9
of the Welfare and Institutions Code, or its successor.
(III) Immediately preceding the qualified employee's commencement
of employment with the qualified taxpayer, was an economically
disadvantaged individual 14 years of age or older.
(IV) Immediately preceding the qualified employee's commencement
of employment with the qualified taxpayer, was a dislocated worker
who meets any of the following:
(aa)
(ia) Has been terminated or laid off or who has
received a notice of termination or layoff from employment, is
eligible for or has exhausted entitlement to unemployment insurance
benefits, and is unlikely to return to his or her previous industry
or occupation.
(bb)
(ib) Has been terminated or has received a notice of
termination of employment as a result of any permanent closure or any
substantial layoff at a plant, facility, or enterprise, including an
individual who has not received written notification but whose
employer has made a public announcement of the closure or layoff.
(cc)
(ic) Is long-term unemployed and has limited
opportunities for employment or reemployment in the same or a similar
occupation in the area in which the individual resides, including an
individual 55 years of age or older who may have substantial
barriers to employment by reason of age.
(dd)
(id) Was self-employed (including farmers and ranchers)
and is unemployed as a result of general economic conditions in the
community in which he or she resides or because of natural disasters.
(ee)
(ie) Was a civilian employee of the Department of
Defense employed at a military installation being closed or realigned
under the Defense Base Closure and Realignment Act of 1990.
(ff)
(if) Was an active member of the Armed Forces or
National Guard as of September 30, 1990, and was either involuntarily
separated or separated pursuant to a special benefits program.
(gg)
(ig) Is a seasonal or migrant worker who experiences
chronic seasonal unemployment and underemployment in the agriculture
industry, aggravated by continual advancements in technology and
mechanization.
(hh)
(ih) Has been terminated or laid off, or has received a
notice of termination or layoff, as a consequence of compliance with
the Clean Air Act.
(V) Immediately preceding the qualified employee's commencement of
employment with the qualified taxpayer, was a disabled individual
who is eligible for or enrolled in, or has completed a state
rehabilitation plan or is a service-connected disabled veteran,
veteran of the Vietnam era, or veteran who is recently separated from
military service.
(VI) Immediately preceding the qualified employee's commencement
of employment with the qualified taxpayer, was an ex-offender. An
individual shall be treated as convicted if he or she was placed on
probation by a state court without a finding of guilty.
(VII) Immediately preceding the qualified employee's commencement
of employment with the qualified taxpayer, was a person eligible for
or a recipient of any of the following:
(aa)
(ia) Federal Supplemental Security Income benefits.
(bb)
(ib) Aid to Families with Dependent Children.
(cc)
(ic) Food stamps.
(dd)
(id) State and local general assistance.
(VIII) Immediately preceding the qualified employee's commencement
of employment with the qualified taxpayer, was a member of a
federally recognized Indian tribe, band, or other group of Native
American descent.
(IX) Immediately preceding the qualified employee's commencement
of employment with the qualified taxpayer, was a resident of a
targeted tax area.
(X) Immediately preceding the qualified employee's commencement of
employment with the taxpayer, was a member of a targeted group as
defined in Section 51(d) of the Internal Revenue Code, or its
successor.
(B) Priority for employment shall be provided to an individual who
is enrolled in a qualified program under the federal Job Training
Partnership Act or the Greater Avenues for Independence Act of 1985
or who is eligible as a member of a targeted group under the Work
Opportunity Tax Credit (Section 51 of the Internal Revenue Code), or
its successor.
(5) (A) "Qualified taxpayer" means a person or entity that meets
both of the following:
(i) Is engaged in a trade or business within a targeted tax area
designated pursuant to Chapter 12.93 (commencing with Section 7097)
of Division 7 of Title 1 of the Government Code.
(ii) Is engaged in those lines of business described in Codes 2000
to 2099, inclusive; 2200 to 3999, inclusive; 4200 to 4299,
inclusive; 4500 to 4599, inclusive; and 4700 to 5199, inclusive, of
the Standard Industrial Classification (SIC) Manual published by the
United States Office of Management and Budget, 1987 edition.
(B) In the case of any passthrough entity, the determination of
whether a taxpayer is a qualified taxpayer under this section shall
be made at the entity level and any credit under this section or
Section 23634 shall be allowed to the passthrough entity and passed
through to the partners or shareholders in accordance with applicable
provisions of this part or Part 11 (commencing with Section 23001).
For purposes of this subdivision, the term "passthrough entity" means
any partnership or S corporation.
(6) "Seasonal employment" means employment by a qualified taxpayer
that has regular and predictable substantial reductions in trade or
business operations.
(c) If the qualified taxpayer is allowed a credit for qualified
wages pursuant to this section, only one credit shall be allowed to
the taxpayer under this part with respect to those qualified wages.
(d) The qualified taxpayer shall do both of the following:
(1) Obtain from the Employment Development Department, as
permitted by federal law, the local county or city Job Training
Partnership Act administrative entity, the local county GAIN office
or social services agency, or the local government administering the
targeted tax area, a certification that provides that a qualified
employee meets the eligibility requirements specified in clause (iv)
of subparagraph (A) of paragraph (4) of subdivision (b). The
Employment Development Department may provide preliminary screening
and referral to a certifying agency. The Department of Housing and
Community Development shall develop regulations governing the
issuance of certificates pursuant to subdivision (g) of Section 7097
of the Government Code, and shall develop forms for this purpose.
(2) Retain a copy of the certification and provide it upon request
to the Franchise Tax Board.
(e) (1) For purposes of this section:
(A) All employees of trades or businesses, which are not
incorporated, that are under common control shall be treated as
employed by a single taxpayer.
(B) The credit, if any, allowable by this section with respect to
each trade or business shall be determined by reference to its
proportionate share of the expense of the qualified wages giving rise
to the credit, and shall be allocated in that manner.
(C) Principles that apply in the case of controlled groups of
corporations, as specified in subdivision (d) of Section 23634, shall
apply with respect to determining employment.
(2) If an employer acquires the major portion of a trade or
business of another employer (hereinafter in this paragraph referred
to as the "predecessor") or the major portion of a separate unit of a
trade or business of a predecessor, then, for purposes of applying
this section (other than subdivision (f)) for any calendar year
ending after that acquisition, the employment relationship between a
qualified employee and an employer shall not be treated as terminated
if the employee continues to be employed in that trade or business.
(f) (1) (A) If the employment, other than seasonal employment, of
any qualified employee, with respect to whom qualified wages are
taken into account under subdivision (a) is terminated by the
qualified taxpayer at any time during the first 270 days of that
employment (whether or not consecutive) or before the close of the
270th calendar day after the day in which that employee completes 90
days of employment with the qualified taxpayer, the tax imposed by
this part for the taxable year in which that employment is terminated
shall be increased by an amount equal to the credit allowed under
subdivision (a) for that taxable year and all prior taxable years
attributable to qualified wages paid or incurred with respect to that
employee.
(B) If the seasonal employment of any qualified employee, with
respect to whom qualified wages are taken into account under
subdivision (a) is not continued by the qualified taxpayer for a
period of 270 days of employment during the 60-month period beginning
with the day the qualified employee commences seasonal employment
with the qualified taxpayer, the tax imposed by this part, for the
taxable year that includes the 60th month following the month in
which the qualified employee commences seasonal employment with the
qualified taxpayer, shall be increased by an amount equal to the
credit allowed under subdivision (a) for that taxable year and all
prior taxable years attributable to qualified wages paid or incurred
with respect to that qualified employee.
(2) (A) Subparagraph (A) of paragraph (1) shall not apply to any
of the following:
(i) A termination of employment of a qualified employee who
voluntarily leaves the employment of the qualified taxpayer.
(ii) A termination of employment of a qualified employee who,
before the close of the period referred to in subparagraph (A) of
paragraph (1), becomes disabled and unable to perform the services of
that employment, unless that disability is removed before the close
of that period and the qualified taxpayer fails to offer reemployment
to that employee.
(iii) A termination of employment of a qualified employee, if it
is determined that the termination was due to the misconduct (as
defined in Sections 1256-30 to 1256-43, inclusive, of Title 22 of the
California Code of Regulations) of that employee.
(iv) A termination of employment of a qualified employee due to a
substantial reduction in the trade or business operations of the
qualified taxpayer.
(v) A termination of employment of a qualified employee, if that
employee is replaced by other qualified employees so as to create a
net increase in both the number of employees and the hours of
employment.
(B) Subparagraph (B) of paragraph (1) shall not apply to any of
the following:
(i) A failure to continue the seasonal employment of a
qualified employee who voluntarily fails to return to the seasonal
employment of the qualified taxpayer.
(ii) A failure to continue the seasonal employment of a qualified
employee who, before the close of the period referred to in
subparagraph (B) of paragraph (1), becomes disabled and unable to
perform the services of that seasonal employment, unless that
disability is removed before the close of that period and the
qualified taxpayer fails to offer seasonal employment to that
qualified employee.
(iii) A failure to continue the seasonal employment of a qualified
employee, if it is determined that the failure to continue the
seasonal employment was due to the misconduct (as defined in Sections
1256-30 to 1256-43, inclusive, of Title 22 of the California Code of
Regulations) of that qualified employee.
(iv) A failure to continue seasonal employment of a qualified
employee due to a substantial reduction in the regular seasonal trade
or business operations of the qualified taxpayer.
(v) A failure to continue the seasonal employment of a qualified
employee, if that qualified employee is replaced by other qualified
employees so as to create a net increase in both the number of
seasonal employees and the hours of seasonal employment.
(C) For purposes of paragraph (1), the employment relationship
between the qualified taxpayer and a qualified employee shall not be
treated as terminated by reason of a mere change in the form of
conducting the trade or business of the qualified taxpayer, if the
qualified employee continues to be employed in that trade or business
and the qualified taxpayer retains a substantial interest in that
trade or business.
(3) Any increase in tax under paragraph (1) shall not be treated
as tax imposed by this part for purposes of determining the amount of
any credit allowable under this part.
(g) In the case of an estate or trust, both of the following
apply:
(1) The qualified wages for any taxable year shall be apportioned
between the estate or trust and the beneficiaries on the basis of the
income of the estate or trust allocable to each.
(2) Any beneficiary to whom any qualified wages have been
apportioned under paragraph (1) shall be treated, for purposes of
this part, as the employer with respect to those wages.
(h) For purposes of this section, "targeted tax area" means an
area designated pursuant to Chapter 12.93 (commencing with Section
7097) of Division 7 of Title 1 of the Government Code.
(i) In the case where the credit otherwise allowed under this
section exceeds the "net tax" for the taxable year, that portion of
the credit that exceeds the "net tax" may be carried over and added
to the credit, if any, in succeeding taxable years, until the credit
is exhausted. The credit shall be applied first to the earliest
taxable years possible.
(j) (1) The amount of the credit otherwise allowed under this
section and Section 17053.33, including any credit carryover from
prior years, that may reduce the "net tax" for the taxable year shall
not exceed the amount of tax that would be imposed on the qualified
taxpayer's business income attributable to the targeted tax area
determined as if that attributable income represented all of the
income of the qualified taxpayer subject to tax under this part.
(2) Attributable income shall be that portion of the taxpayer's
California source business income that is apportioned to the targeted
tax area. For that purpose, the taxpayer's business income
attributable to sources in this state first shall be determined in
accordance with Chapter 17 (commencing with Section 25101) of Part
11. That business income shall be further apportioned to the targeted
tax area in accordance with Article 2 (commencing with Section
25120) of Chapter 17 of Part 11, modified for purposes of this
section in accordance with paragraph (3).
(3) Business income shall be apportioned to the targeted tax area
by multiplying the total California business income of the taxpayer
by a fraction, the numerator of which is the property factor plus the
payroll factor, and the denominator of which is two. For purposes of
this paragraph:
(A) The property factor is a fraction, the numerator of which is
the average value of the taxpayer's real and tangible personal
property owned or rented and used in the targeted tax area during the
taxable year, and the denominator of which is the average value of
all the taxpayer's real and tangible personal property owned or
rented and used in this state during the taxable year.
(B) The payroll factor is a fraction, the numerator of which is
the total amount paid by the taxpayer in the targeted tax area during
the taxable year for compensation, and the denominator of which is
the total compensation paid by the taxpayer in this state during the
taxable year.
(4) The portion of any credit remaining, if any, after application
of this subdivision, shall be carried over to succeeding taxable
years, as if it were an amount exceeding the "net tax" for the
taxable year, as provided in subdivision (h).
(5) In the event that a credit carryover is allowable under
subdivision (h) for any taxable year after the targeted tax area
expiration date, the targeted tax area shall be deemed to remain in
existence for purposes of computing the limitation specified in this
subdivision.
SEC. 1296. Section 17053.46 of the
Revenue and Taxation Code is amended to read:
17053.46. (a) For each taxable year beginning on or after January
1, 1995, there shall be allowed as a credit against the "net tax"
(as defined in Section 17039) to a qualified taxpayer for hiring a
qualified disadvantaged individual or a qualified displaced employee
during the taxable year for employment in the LAMBRA. The credit
shall be equal to the sum of each of the following:
(1) Fifty percent of the qualified wages in the first year of
employment.
(2) Forty percent of the qualified wages in the second year of
employment.
(3) Thirty percent of the qualified wages in the third year of
employment.
(4) Twenty percent of the qualified wages in the fourth year of
employment.
(5) Ten percent of the qualified wages in the fifth year of
employment.
(b) For purposes of this section:
(1) "Qualified wages" means:
(A) That portion of wages paid or incurred by the employer during
the taxable year to qualified disadvantaged individuals or qualified
displaced employees that does not exceed 150 percent of the minimum
wage.
(B) The total amount of qualified wages which may be taken into
account for purposes of claiming the credit allowed under this
section shall not exceed two million dollars ($2,000,000) per taxable
year.
(C) Wages received during the 60-month period beginning with the
first day the individual commences employment with the taxpayer.
Reemployment in connection with any increase, including a regularly
occurring seasonal increase, in the trade or business operations of
the qualified taxpayer does not constitute commencement of employment
for purposes of this section.
(D) Qualified wages do not include any wages paid or incurred by
the qualified taxpayer on or after the LAMBRA expiration date.
However, wages paid or incurred with respect to qualified
disadvantaged individuals or qualified displaced employees who are
employed by the qualified taxpayer within the LAMBRA within the
60-month period prior to the LAMBRA expiration date shall continue to
qualify for the credit under this section after the LAMBRA
expiration date, in accordance with all provisions of this section
applied as if the LAMBRA designation were still in existence and
binding.
(2) "Minimum wage" means the wage established by the
Industrial Welfare Commission Labor and Workforce
Development Agency as provided for in Chapter 1 (commencing
with Section 1171) of Part 4 of Division 2 of the Labor Code.
(3) "LAMBRA" means a local agency military base recovery area
designated in accordance with Section 7114 of the Government Code.
(4) "Qualified disadvantaged individual" means an individual who
satisfies all of the following requirements:
(A) (i) At least 90 percent of whose services for the taxpayer
during the taxable year are directly related to the conduct of the
taxpayer's trade or business located in a LAMBRA.
(ii) Who performs at least 50 percent of his or her services for
the taxpayer during the taxable year in the LAMBRA.
(B) Who is hired by the employer after the designation of the area
as a LAMBRA in which the individual's services were primarily
performed.
(C) Who is any of the following immediately preceding the
individual's commencement of employment with the taxpayer:
(i) An individual who has been determined eligible for services
under the federal Job Training Partnership Act (29 U.S.C. Sec. 1501
et seq.).
(ii) Any voluntary or mandatory registrant under the Greater
Avenues for Independence Act of 1985 as provided pursuant to Article
3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of
Division 9 of the Welfare and Institutions Code.
(iii) An economically disadvantaged individual age 16 years or
older.
(iv) A dislocated worker who meets any of the following
conditions:
(I) Has been terminated or laid off or who has received a notice
of termination or layoff from employment, is eligible for or has
exhausted entitlement to unemployment insurance benefits, and is
unlikely to return to his or her previous industry or occupation.
(II) Has been terminated or has received a notice of termination
of employment as a result of any permanent closure or any substantial
layoff at a plant, facility, or enterprise, including an individual
who has not received written notification but whose employer has made
a public announcement of the closure or layoff.
(III) Is long-term unemployed and has limited opportunities for
employment or reemployment in the same or a similar occupation in the
area in which the individual resides, including an individual 55
years of age or older who may have substantial barriers to employment
by reason of age.
(IV) Was self-employed (including farmers and ranchers) and is
unemployed as a result of general economic conditions in the
community in which he or she resides or because of natural disasters.
(V) Was a civilian employee of the Department of Defense employed
at a military installation being closed or realigned under the
Defense Base Closure and Realignment Act of 1990.
(VI) Was an active member of the Armed Forces or National Guard as
of September 30, 1990, and was either involuntarily separated or
separated pursuant to a special benefits program.
(VII) Experiences chronic seasonal unemployment and
underemployment in the agriculture industry, aggravated by continual
advancements in technology and mechanization.
(VIII) Has been terminated or laid off or has received a notice of
termination or layoff as a consequence of compliance with the Clean
Air Act.
(v) An individual who is enrolled in or has completed a state
rehabilitation plan or is a service-connected disabled veteran,
veteran of the Vietnam era, or veteran who is recently separated from
military service.
(vi) An ex-offender. An individual shall be treated as convicted
if he or she was placed on probation by a state court without a
finding of guilty.
(vii) A recipient of:
(I) Federal Supplemental Security Income benefits.
(II) Aid to Families with Dependent Children.
(III) Food stamps.
(IV) State and local general assistance.
(viii) Is a member of a federally recognized Indian tribe, band,
or other group of Native American descent.
(5) "Qualified taxpayer" means a taxpayer or partnership that
conducts a trade or business within a LAMBRA and, for the first two
taxable years, has a net increase in jobs (defined as 2,000 paid
hours per employee per year) of one or more employees in the LAMBRA.
(A) The net increase in the number of jobs shall be determined by
subtracting the total number of full-time employees (defined as 2,000
paid hours per employee per year) the taxpayer employed in this
state in the taxable year prior to commencing business operations in
the LAMBRA from the total number of full-time employees the taxpayer
employed in this state during the second taxable year after
commencing business operations in the LAMBRA. For taxpayers who
commence doing business in this state with their LAMBRA business
operation, the number of employees for the taxable year prior to
commencing business operations in the LAMBRA shall be zero. If the
taxpayer has a net increase in jobs in the state, the credit shall be
allowed only if one or more full-time employees is employed within
the LAMBRA.
(B) The total number of employees employed in the LAMBRA shall
equal the sum of both of the following:
(i) The total number of hours worked in the LAMBRA for the
taxpayer by employees (not to exceed 2,000 hours per employee) who
are paid an hourly wage divided by 2,000.
(ii) The total number of months worked in the LAMBRA for the
taxpayer by employees who are salaried employees divided by 12.
(C) In the case of a taxpayer who first commences doing business
in the LAMBRA during the taxable year, for purposes of clauses (i)
and (ii), respectively, of subparagraph (B), the divisors "2,000" and
"12" shall be multiplied by a fraction, the numerator of which is
the number of months of the taxable year that the taxpayer was doing
business in the LAMBRA and the denominator of which is 12.
(6) "Qualified displaced employee" means an individual who
satisfies all of the following requirements:
(A) Any civilian or military employee of a base or former base who
has been displaced as a result of a federal base closure act.
(B) (i) At least 90 percent of whose services for the taxpayer
during the taxable year are directly related to the conduct of the
taxpayer's trade or business located in a LAMBRA.
(ii) Who performs at least 50 percent of his or her services for
the taxpayer during the taxable year in a LAMBRA.
(C) Who is hired by the employer after the designation of the area
in which services were performed as a LAMBRA.
(7) "Seasonal employment" means employment by a qualified taxpayer
that has regular and predictable substantial reductions in trade or
business operations.
(8) "LAMBRA expiration date" means the date the LAMBRA designation
expires, is no longer binding, or becomes inoperative.
(c) For qualified disadvantaged individuals or qualified displaced
employees hired on or after January 1, 2001, the taxpayer shall do
both of the following:
(1) Obtain from the Employment Development Department, as
permitted by federal law, the local county or city Job Training
Partnership Act administrative entity, the local county GAIN office
or social services agency, or the local government administering the
LAMBRA, a certification that provides that a qualified disadvantaged
individual or qualified displaced employee meets the eligibility
requirements specified in subparagraph (C) of paragraph (4) of
subdivision (b) or subparagraph (A) of paragraph (6) of subdivision
(b). The Employment Development Department may provide preliminary
screening and referral to a certifying agency. The Department of
Housing and Community Development shall develop regulations governing
the issuance of certificates pursuant to Section 7114.2 of the
Government Code and shall develop forms for this purpose.
(2) Retain a copy of the certification and provide it upon request
to the Franchise Tax Board.
(d) (1) For purposes of this section, both of the following apply:
(A) All employees of trades or businesses that are under common
control shall be treated as employed by a single employer.
(B) The credit (if any) allowable by this section with respect to
each trade or business shall be determined by reference to its
proportionate share of the qualified wages giving rise to the credit.
The regulations prescribed under this paragraph shall be based on
principles similar to the principles that apply in the case of
controlled groups of corporations as specified in subdivision (e) of
Section 23622.
(2) If an employer acquires the major portion of a trade or
business of another employer (hereinafter in this paragraph referred
to as the "predecessor") or the major portion of a separate unit of a
trade or business of a predecessor, then, for purposes of applying
this section (other than subdivision (d)) for any calendar year
ending after that acquisition, the employment relationship between an
employee and an employer shall not be treated as terminated if the
employee continues to be employed in that trade or business.
(e) (1) (A) If the employment, other than seasonal employment, of
any employee, with respect to whom qualified wages are taken into
account under subdivision (a) is terminated by the taxpayer at any
time during the first 270 days of that employment (whether or not
consecutive) or before the close of the 270th calendar day after the
day in which that employee completes 90 days of employment with the
taxpayer, the tax imposed by this part for the taxable year in which
that employment is terminated shall be increased by an amount
(determined under those regulations) equal to the credit allowed
under subdivision (a) for that taxable year and all prior taxable
years attributable to qualified wages paid or incurred with respect
to that employee.
(B) If the seasonal employment of any qualified disadvantaged
individual, with respect to whom qualified wages are taken into
account under subdivision (a) is not continued by the qualified
taxpayer for a period of 270 days of employment during the 60-month
period beginning with the day the qualified disadvantaged individual
commences seasonal employment with the qualified taxpayer, the tax
imposed by this part, for the taxable year that includes the 60th
month following the month in which the qualified disadvantaged
individual commences seasonal employment with the qualified taxpayer,
shall be increased by an amount equal to the credit allowed under
subdivision (a) for that taxable year and all prior taxable years
attributable to qualified wages paid or incurred with respect to that
qualified disadvantaged individual.
(2) (A) Subparagraph (A) of paragraph (1) shall not apply to any
of the following:
(i) A termination of employment of an employee who voluntarily
leaves the employment of the taxpayer.
(ii) A termination of employment of an individual who, before the
close of the period referred to in subparagraph (A) of paragraph (1),
becomes disabled to perform the services of that employment, unless
that disability is removed before the close of that period and the
taxpayer fails to offer reemployment to that individual.
(iii) A termination of employment of an individual, if it is
determined that the termination was due to the misconduct (as defined
in Sections 1256-30 to 1256-43, inclusive, of Title 22 of the
California Code of Regulations) of that individual.
(iv) A termination of employment of an individual due to a
substantial reduction in the trade or business operations of the
taxpayer.
(v) A termination of employment of an individual, if that
individual is replaced by other qualified employees so as to create a
net increase in both the number of employees and the hours of
employment.
(B) Subparagraph (B) of paragraph (1) shall not apply to any of
the following:
(i) A failure to continue the seasonal employment of a qualified
disadvantaged individual who voluntarily fails to return to the
seasonal employment of the qualified taxpayer.
(ii) A failure to continue the seasonal employment of a qualified
disadvantaged individual who, before the close of the period referred
to in subparagraph (B) of paragraph (1), becomes disabled and unable
to perform the services of that seasonal employment, unless that
disability is removed before the close of that period and the
qualified taxpayer fails to offer seasonal employment to that
individual.
(iii) A failure to continue the seasonal employment of a qualified
disadvantaged individual, if it is determined that the failure to
continue the seasonal employment was due to the misconduct (as
defined in Sections 1256-30 to 1256-43, inclusive, of Title 22 of the
California Code of Regulations) of that qualified disadvantaged
individual.
(iv) A failure to continue seasonal employment of a qualified
disadvantaged individual due to a substantial reduction in the
regular seasonal trade or business operations of the qualified
taxpayer.
(v) A failure to continue the seasonal employment of a qualified
disadvantaged individual, if that individual is replaced by other
qualified displaced employees so as to create a net increase in both
the number of seasonal employees and the hours of seasonal
employment.
(C) For purposes of paragraph (1), the employment relationship
between the taxpayer and an employee shall not be treated as
terminated by reason of a mere change in the form of conducting the
trade or business of the taxpayer, if the employee continues to be
employed in that trade or business and the taxpayer retains a
substantial interest in that trade or business.
(3) Any increase in tax under paragraph (1) shall not be treated
as tax imposed by this part for purposes of determining the amount of
any credit allowable under this part.
(4) At the close of the second taxable year, if the taxpayer has
not increased the number of its employees as determined by paragraph
(5) of subdivision (b), then the amount of the credit previously
claimed shall be added to the taxpayer's net tax for the taxpayer's
second taxable year.
(f) In the case of an estate or trust, both of the following
apply:
(1) The qualified wages for any taxable year shall be apportioned
between the estate or trust and the beneficiaries on the basis of the
income of the estate or trust allocable to each.
(2) Any beneficiary to whom any qualified wages have been
apportioned under paragraph (1) shall be treated (for purposes of
this part) as the employer with respect to those wages.
(g) The credit shall be reduced by the credit allowed under
Section 17053.7. The credit shall also be reduced by the federal
credit allowed under Section 51 of the Internal Revenue Code.
In addition, any deduction otherwise allowed under this part for
the wages or salaries paid or incurred by the taxpayer upon which the
credit is based shall be reduced by the amount of the credit, prior
to any reduction required by subdivision (h) or (i).
(h) In the case where the credit otherwise allowed under this
section exceeds the "net tax" for the taxable year, that portion of
the credit that exceeds the "net tax" may be carried over and added
to the credit, if any, in succeeding years, until the credit is
exhausted. The credit shall be applied first to the earliest taxable
years possible.
(i) (1) The amount of credit otherwise allowed under this section
and Section 17053.45, including prior year credit carryovers, that
may reduce the "net tax" for the taxable year shall not exceed the
amount of tax that would be imposed on the taxpayer's business income
attributed to a LAMBRA determined as if that attributed income
represented all of the net income of the taxpayer subject to tax
under this part.
(2) Attributable income shall be that portion of the taxpayer's
California source business income that is apportioned to the LAMBRA.
For that purpose, the taxpayer's business income that is attributable
to sources in this state first shall be determined in accordance
with Chapter 17 (commencing with Section 25101) of Part 11. That
business income shall be further apportioned to the LAMBRA in
accordance with Article 2 (commencing with Section 25120) of Chapter
17 of Part 11, modified for purposes of this section in accordance
with paragraph (3).
(3) Income shall be apportioned to a LAMBRA by multiplying the
total California business income of the taxpayer by a fraction, the
numerator of which is the property factor plus the payroll factor,
and the denominator of which is two. For purposes of this paragraph:
(A) The property factor is a fraction, the numerator of which is
the average value of the taxpayer's real and tangible personal
property owned or rented and used in the LAMBRA during the taxable
year, and the denominator of which is the average value of all the
taxpayer's real and tangible personal property owned or rented and
used in this state during the taxable year.
(B) The payroll factor is a fraction, the numerator of which is
the total amount paid by the taxpayer in the LAMBRA during the
taxable year for compensation, and the denominator of which is the
total compensation paid by the taxpayer in this state during the
taxable year.
(4) The portion of any credit remaining, if any, after application
of this subdivision, shall be carried over to succeeding taxable
years, as if it were an amount exceeding the "net tax" for the
taxable year, as provided in subdivision (h).
(j) If the taxpayer is allowed a credit pursuant to this section
for qualified wages paid or incurred, only one credit shall be
allowed to the taxpayer under this part with respect to any wage
consisting in whole or in part of those qualified wages.
SEC. 1297. Section 17053.47 of the
Revenue and Taxation Code is amended to read:
17053.47. (a) For each taxable year beginning on or after January
1, 1998, there shall be allowed a credit against the "net tax" (as
defined in Section 17039) to a qualified taxpayer for hiring a
qualified disadvantaged individual during the taxable year for
employment in the manufacturing enhancement area. The credit shall be
equal to the sum of each of the following:
(1) Fifty percent of the qualified wages in the first year of
employment.
(2) Forty percent of the qualified wages in the second year of
employment.
(3) Thirty percent of the qualified wages in the third year of
employment.
(4) Twenty percent of the qualified wages in the fourth year of
employment.
(5) Ten percent of the qualified wages in the fifth year of
employment.
(b) For purposes of this section:
(1) "Qualified wages" means:
(A) That portion of wages paid or incurred by the qualified
taxpayer during the taxable year to qualified disadvantaged
individuals that does not exceed 150 percent of the minimum wage.
(B) The total amount of qualified wages which may be taken into
account for purposes of claiming the credit allowed under this
section shall not exceed two million dollars ($2,000,000) per taxable
year.
(C) Wages received during the 60-month period beginning
with the first day the qualified disadvantaged individual commences
employment with the qualified taxpayer. Reemployment in connection
with any increase, including a regularly occurring seasonal increase,
in the trade or business operations of the taxpayer does not
constitute commencement of employment for purposes of this section.
(D) Qualified wages do not include any wages paid or incurred by
the qualified taxpayer on or after the manufacturing enhancement area
expiration date. However, wages paid or incurred with respect to
qualified employees who are employed by the qualified taxpayer within
the manufacturing enhancement area within the 60-month period prior
to the manufacturing enhancement area expiration date shall continue
to qualify for the credit under this section after the manufacturing
enhancement area expiration date, in accordance with all provisions
of this section applied as if the manufacturing enhancement area
designation were still in existence and binding.
(2) "Minimum wage" means the wage established by the
Industrial Welfare Commission Labor and Workforce
Development Agency as provided for in Chapter 1 (commencing
with Section 1171) of Part 4 of Division 2 of the Labor Code.
(3) "Manufacturing enhancement area" means an area designated
pursuant to Section 7073.8 of the Government Code according to the
procedures of Chapter 12.8 (commencing with Section 7070) of Division
7 of Title 1 of the Government Code.
(4) "Manufacturing enhancement area expiration date" means the
date the manufacturing enhancement area designation expires, is no
longer binding, or becomes inoperative.
(5) "Qualified disadvantaged individual" means an individual who
satisfies all of the following requirements:
(A) (i) At least 90 percent of whose services for the qualified
taxpayer during the taxable year are directly related to the conduct
of the qualified taxpayer's trade or business located in a
manufacturing enhancement area.
(ii) Who performs at least 50 percent of his or her services for
the qualified taxpayer during the taxable year in the manufacturing
enhancement area.
(B) Who is hired by the qualified taxpayer after the designation
of the area as a manufacturing enhancement area in which the
individual's services were primarily performed.
(C) Who is any of the following immediately preceding the
individual's commencement of employment with the qualified taxpayer:
(i) An individual who has been determined eligible for services
under the federal Job Training Partnership Act (29 U.S.C. Sec. 1501
et seq.), or its successor.
(ii) Any voluntary or mandatory registrant under the Greater
Avenues for Independence Act of 1985, or its successor, as provided
pursuant to Article 3.2 (commencing with Section 11320) of Chapter 2
of Part 3 of Division 9 of the Welfare and Institutions Code.
(iii) Any individual who has been certified eligible by the
Employment Development Department under the federal Targeted Jobs Tax
Credit Program, or its successor, whether or not this program is in
effect.
(6) "Qualified taxpayer" means any taxpayer engaged in a trade or
business within a manufacturing enhancement area designated pursuant
to Section 7073.8 of the Government Code and who meets all of the
following requirements:
(A) Is engaged in those lines of business described in Codes 0211
to 0291, inclusive, Code 0723, or in Codes 2011 to 3999, inclusive,
of the Standard Industrial Classification (SIC) Manual published by
the United States Office of Management and Budget, 1987 edition.
(B) At least 50 percent of the qualified taxpayer's workforce
hired after the designation of the manufacturing enhancement area is
composed of individuals who, at the time of hire, are residents of
the county in which the manufacturing enhancement area is located.
(C) Of this percentage of local hires, at least 30 percent shall
be qualified disadvantaged individuals.
(7) "Seasonal employment" means employment by a qualified taxpayer
that has regular and predictable substantial reductions in trade or
business operations.
(c) (1) For purposes of this section, all of the following apply:
(A) All employees of trades or businesses that are under common
control shall be treated as employed by a single qualified taxpayer.
(B) The credit (if any) allowable by this section with respect to
each trade or business shall be determined by reference to its
proportionate share of the expense of the qualified wages giving rise
to the credit and shall be allocated in that manner.
(C) Principles that apply in the case of controlled groups of
corporations, as specified in subdivision (d) of Section 23622.7,
shall apply with respect to determining employment.
(2) If a qualified taxpayer acquires the major portion of a trade
or business of another employer (hereinafter in this paragraph
referred to as the "predecessor") or the major portion of a separate
unit of a trade or business of a predecessor, then, for purposes of
applying this section (other than subdivision (d)) for any calendar
year ending after that acquisition, the employment relationship
between a qualified disadvantaged individual and a qualified taxpayer
shall not be treated as terminated if the qualified disadvantaged
individual continues to be employed in that trade or business.
(d) (1) (A) If the employment, other than seasonal employment, of
any qualified disadvantaged individual, with respect to whom
qualified wages are taken into account under subdivision (b) is
terminated by the qualified taxpayer at any time during the first 270
days of that employment (whether or not consecutive) or before the
close of the 270th calendar day after the day in which that qualified
disadvantaged individual completes 90 days of employment with the
qualified taxpayer, the tax imposed by this part for the taxable year
in which that employment is terminated shall be increased by an
amount equal to the credit allowed under subdivision (a) for that
taxable year and all prior taxable years attributable to qualified
wages paid or incurred with respect to that qualified disadvantaged
individual.
(B) If the seasonal employment of any qualified disadvantaged
individual, with respect to whom qualified wages are taken into
account under subdivision (a) is not continued by the qualified
taxpayer for a period of 270 days of employment during the 60-month
period beginning with the day the qualified disadvantaged individual
commences seasonal employment with the qualified taxpayer, the tax
imposed by this part, for the taxable year that includes the 60th
month following the month in which the qualified disadvantaged
individual commences seasonal employment with the qualified taxpayer,
shall be increased by an amount equal to the credit allowed under
subdivision (a) for that taxable year and all prior taxable years
attributable to qualified wages paid or incurred with respect to that
qualified disadvantaged individual.
(2) (A) Subparagraph (A) of paragraph (1) does not apply to any of
the following:
(i) A termination of employment of a qualified disadvantaged
individual who voluntarily leaves the employment of the qualified
taxpayer.
(ii) A termination of employment of a qualified disadvantaged
individual who, before the close of the period referred to in
subparagraph (A) of paragraph (1), becomes disabled to perform the
services of that employment, unless that disability is removed before
the close of that period and the taxpayer fails to offer
reemployment to that individual.
(iii) A termination of employment of a qualified disadvantaged
individual, if it is determined that the termination was due to the
misconduct (as defined in Sections 1256-30 to 1256-43, inclusive, of
Title 22 of the California Code of Regulations) of that individual.
(iv) A termination of employment of a qualified disadvantaged
individual due to a substantial reduction in the trade or business
operations of the qualified taxpayer.
(v) A termination of employment of a qualified disadvantaged
individual, if that individual is replaced by other qualified
disadvantaged individuals so as to create a net increase in both the
number of employees and the hours of employment.
(B) Subparagraph (B) of paragraph (1) shall not apply to any of
the following:
(i) A failure to continue the seasonal employment of a qualified
disadvantaged individual who voluntarily fails to return to the
seasonal employment of the qualified taxpayer.
(ii) A failure to continue the seasonal employment of a qualified
disadvantaged individual who, before the close of the period referred
to in subparagraph (B) of paragraph (1), becomes disabled and unable
to perform the services of that seasonal employment, unless that
disability is removed before the close of that period and the
qualified taxpayer fails to offer seasonal employment to that
qualified disadvantaged individual.
(iii) A failure to continue the seasonal employment of a qualified
disadvantaged individual, if it is determined that the failure to
continue the seasonal employment was due to the misconduct (as
defined in Sections 1256-30 to 1256-43, inclusive, of Title 22 of the
California Code of Regulations) of that qualified disadvantaged
individual.
(iv) A failure to continue seasonal employment of a qualified
disadvantaged individual due to a substantial reduction in the
regular seasonal trade or business operations of the qualified
taxpayer.
(v) A failure to continue the seasonal employment of a qualified
disadvantaged individual, if that qualified disadvantaged individual
is replaced by other qualified disadvantaged individuals so as to
create a net increase in both the number of seasonal employees and
the hours of seasonal employment.
(C) For purposes of paragraph (1), the employment relationship
between the qualified taxpayer and a qualified disadvantaged
individual shall not be treated as terminated by reason of a mere
change in the form of conducting the trade or business of the
qualified taxpayer, if the qualified disadvantaged individual
continues to be employed in that trade or business and the qualified
taxpayer retains a substantial interest in that trade or business.
(3) Any increase in tax under paragraph (1) shall not be treated
as tax imposed by this part for purposes of determining the amount of
any credit allowable under this part.
(e) In the case of an estate or trust, both of the following
apply:
(1) The qualified wages for any taxable year shall be apportioned
between the estate or trust and the beneficiaries on the basis of the
income of the estate or trust allocable to each.
(2) Any beneficiary to whom any qualified wages have been
apportioned under paragraph (1) shall be treated (for purposes of
this part) as the employer with respect to those wages.
(f) The credit shall be reduced by the credit allowed under
Section 17053.7. The credit shall also be reduced by the federal
credit allowed under Section 51 of the Internal Revenue Code.
In addition, any deduction otherwise allowed under this part for
the wages or salaries paid or incurred by the qualified taxpayer upon
which the credit is based shall be reduced by the amount of the
credit, prior to any reduction required by subdivision (g) or (h).
(g) In the case where the credit otherwise allowed under this
section exceeds the "net tax" for the taxable year, that portion of
the credit that exceeds the "net tax" may be carried over and added
to the credit, if any, in succeeding years, until the credit is
exhausted. The credit shall be applied first to the earliest taxable
years possible.
(h) (1) The amount of credit otherwise allowed under this section,
including prior year credit carryovers, that may reduce the "net tax"
for the taxable year shall not exceed the amount of tax that would
be imposed on the qualified taxpayer's business income attributed to
a manufacturing enhancement area determined as if that attributed
income represented all of the net income of the qualified taxpayer
subject to tax under this part.
(2) Attributable income shall be that portion of the taxpayer's
California source business income that is apportioned to the
manufacturing enhancement area. For that purpose, the taxpayer's
business income that is attributable to sources in this state first
shall be determined in accordance with Chapter 17 (commencing with
Section 25101) of Part 11. That business income shall be further
apportioned to the manufacturing enhancement area in accordance with
Article 2 (commencing with Section 25120) of Chapter 17 of Part 11,
modified for purposes of this section in accordance with paragraph
(3).
(3) Income shall be apportioned to a manufacturing enhancement
area by multiplying the total California business income of the
taxpayer by a fraction, the numerator of which is the property factor
plus the payroll factor, and the denominator of which is two. For
purposes of this paragraph:
(A) The property factor is a fraction, the numerator of which is
the average value of the taxpayer's real and tangible personal
property owned or rented and used in the manufacturing enhancement
area during the taxable year, and the denominator of which is the
average value of all the taxpayer's real and tangible personal
property owned or rented and used in this state during the taxable
year.
(B) The payroll factor is a fraction, the numerator of which is
the total amount paid by the taxpayer in the manufacturing
enhancement area during the taxable year for compensation, and the
denominator of which is the total compensation paid by the taxpayer
in this state during the taxable year.
(4) The portion of any credit remaining, if any, after application
of this subdivision, shall be carried over to succeeding taxable
years, as if it were an amount exceeding the "net tax" for the
taxable year, as provided in subdivision (g).
(i) If the taxpayer is allowed a credit pursuant to this section
for qualified wages paid or incurred, only one credit shall be
allowed to the taxpayer under this part with respect to any wage
consisting in whole or in part of those qualified wages.
(j) The qualified taxpayer shall do both of the following:
(1) Obtain from the Employment Development Department, as
permitted by federal law, the local county or city Job Training
Partnership Act administrative entity, the local county GAIN office
or social services agency, or the local government administering the
manufacturing enhancement area, a certification that provides that a
qualified disadvantaged individual meets the eligibility requirements
specified in paragraph (5) of subdivision (b). The Employment
Development Department may provide preliminary screening and referral
to a certifying agency. The Department of Housing and Community
Development shall develop regulations governing the issuance of
certificates pursuant to subdivision (d) of Section 7086 of the
Government Code and shall develop forms for this purpose.
(2) Retain a copy of the certification and provide it upon request
to the Franchise Tax Board.
SEC. 1298. Section 17053.74 of the
Revenue and Taxation Code is amended to read:
17053.74. (a) There shall be allowed a credit against the "net
tax" (as defined in Section 17039) to a taxpayer who employs a
qualified employee in an enterprise zone during the taxable year. The
credit shall be equal to the sum of each of the following:
(1) Fifty percent of qualified wages in the first year of
employment.
(2) Forty percent of qualified wages in the second year of
employment.
(3) Thirty percent of qualified wages in the third year of
employment.
(4) Twenty percent of qualified wages in the fourth year of
employment.
(5) Ten percent of qualified wages in the fifth year of
employment.
(b) For purposes of this section:
(1) "Qualified wages" means:
(A) (i) Except as provided in clause (ii), that portion of wages
paid or incurred by the taxpayer during the taxable year to qualified
employees that does not exceed 150 percent of the minimum wage.
(ii) For up to 1,350 qualified employees who are employed by the
taxpayer in the Long Beach Enterprise Zone in aircraft manufacturing
activities described in Codes 3721 to 3728, inclusive, and Code 3812
of the Standard Industrial Classification (SIC) Manual published by
the United States Office of Management and Budget, 1987 edition,
"qualified wages" means that portion of hourly wages that does not
exceed 202 percent of the minimum wage.
(B) Wages received during the 60-month period beginning with the
first day the employee commences employment with the taxpayer.
Reemployment in connection with any increase, including a regularly
occurring seasonal increase, in the trade or business operations of
the taxpayer does not constitute commencement of employment for
purposes of this section.
(C) Qualified wages do not include any wages paid or incurred by
the taxpayer on or after the zone expiration date. However, wages
paid or incurred with respect to qualified employees who are employed
by the taxpayer within the enterprise zone within the 60-month
period prior to the zone expiration date shall continue to qualify
for the credit under this section after the zone expiration date, in
accordance with all provisions of this section applied as if the
enterprise zone designation were still in existence and binding.
(2) "Minimum wage" means the wage established by the
Industrial Welfare Commission Labor and Workforce
Development Agency as provided for in Chapter 1 (commencing
with Section 1171) of Part 4 of Division 2 of the Labor Code.
(3) "Zone expiration date" means the date the enterprise zone
designation expires, is no longer binding, or becomes inoperative.
(4) (A) "Qualified employee" means an individual who meets all of
the following requirements:
(i) At least 90 percent of whose services for the taxpayer during
the taxable year are directly related to the conduct of the taxpayer'
s trade or business located in an enterprise zone.
(ii) Performs at least 50 percent of his or her services for the
taxpayer during the taxable year in an enterprise zone.
(iii) Is hired by the taxpayer after the date of original
designation of the area in which services were performed as an
enterprise zone.
(iv) Is any of the following:
(I) Immediately preceding the qualified employee's commencement of
employment with the taxpayer, was a person eligible for services
under the federal Job Training Partnership Act (29 U.S.C. Sec. 1501
et seq.), or its successor, who is receiving, or is eligible to
receive, subsidized employment, training, or services funded by the
federal Job Training Partnership Act, or its successor.
(II) Immediately preceding the qualified employee's commencement
of employment with the taxpayer, was a person eligible to be a
voluntary or mandatory registrant under the Greater Avenues for
Independence Act of 1985 (GAIN) provided for pursuant to Article 3.2
(commencing with Section 11320) of Chapter 2 of Part 3 of Division 9
of the Welfare and Institutions Code, or its successor.
(III) Immediately preceding the qualified employee's commencement
of employment with the taxpayer, was an economically disadvantaged
individual 14 years of age or older.
(IV) Immediately preceding the qualified employee's commencement
of employment with the taxpayer, was a dislocated worker who meets
any of the following:
(aa)
(ia) Has been terminated or laid off or who has
received a notice of termination or layoff from employment, is
eligible for or has exhausted entitlement to unemployment insurance
benefits, and is unlikely to return to his or her previous industry
or occupation.
(bb)
(ib) Has been terminated or has received a notice of
termination of employment as a result of any permanent closure or any
substantial layoff at a plant, facility, or enterprise, including an
individual who has not received written notification but whose
employer has made a public announcement of the closure or layoff.
(cc)
(ic) Is long-term unemployed and has limited
opportunities for employment or reemployment in the same or a similar
occupation in the area in which the individual resides, including an
individual 55 years of age or older who may have substantial
barriers to employment by reason of age.
(dd)
(id) Was self-employed (including farmers and ranchers)
and is unemployed as a result of general economic conditions in the
community in which he or she resides or because of natural disasters.
(ee)
(ie) Was a civilian employee of the Department of
Defense employed at a military installation being closed or realigned
under the Defense Base Closure and Realignment Act of 1990.
(ff)
(if) Was an active member of the armed forces or
National Guard as of September 30, 1990, and was either involuntarily
separated or separated pursuant to a special benefits program.
(gg)
(ig) Is a seasonal or migrant worker who experiences
chronic seasonal unemployment and underemployment in the agriculture
industry, aggravated by continual advancements in technology and
mechanization.
(hh)
(ih) Has been terminated or laid off, or has received a
notice of termination or layoff, as a consequence of compliance with
the Clean Air Act.
(V) Immediately preceding the qualified employee's commencement of
employment with the taxpayer, was a disabled individual who is
eligible for or enrolled in, or has completed a state rehabilitation
plan or is a service-connected disabled veteran, veteran of the
Vietnam era, or veteran who is recently separated from military
service.
(VI) Immediately preceding the qualified employee's commencement
of employment with the taxpayer, was an ex-offender. An individual
shall be treated as convicted if he or she was placed on probation by
a state court without a finding of guilt.
(VII) Immediately preceding the qualified employee's commencement
of employment with the taxpayer, was a person eligible for or a
recipient of any of the following:
(aa)
(ia) Federal Supplemental Security Income benefits.
(bb)
(ib) Aid to Families with Dependent Children.
(cc)
(ic) Food stamps.
(dd)
(id) State and local general assistance.
(VIII) Immediately preceding the qualified employee's commencement
of employment with the taxpayer, was a member of a federally
recognized Indian tribe, band, or other group of Native American
descent.
(IX) Immediately preceding the qualified employee's commencement
of employment with the taxpayer, was a resident of a targeted
employment area, as defined in Section 7072 of the Government Code.
(X) An employee who qualified the taxpayer for the enterprise zone
hiring credit under former Section 17053.8 or the program area
hiring credit under former Section 17053.11.
(XI) Immediately preceding the qualified employee's commencement
of employment with the taxpayer, was a member of a targeted group, as
defined in Section 51(d) of the Internal Revenue Code, or its
successor.
(B) Priority for employment shall be provided to an individual who
is enrolled in a qualified program under the federal Job Training
Partnership Act or the Greater Avenues for Independence Act of 1985
or who is eligible as a member of a targeted group under the Work
Opportunity Tax Credit (Section 51 of the Internal Revenue Code), or
its successor.
(5) "Taxpayer" means a person or entity engaged in a trade or
business within an enterprise zone designated pursuant to Chapter
12.8 (commencing with Section 7070) of the Government Code.
(6) "Seasonal employment" means employment by a taxpayer that has
regular and predictable substantial reductions in trade or business
operations.
(c) The taxpayer shall do both of the following:
(1) Obtain from the Employment Development Department, as
permitted by federal law, the local county or city Job Training
Partnership Act administrative entity, the local county GAIN office
or social services agency, or the local government administering the
enterprise zone, a certification which provides that a qualified
employee meets the eligibility requirements specified in clause (iv)
of subparagraph (A) of paragraph (4) of subdivision (b). The
Employment Development Department may provide preliminary screening
and referral to a certifying agency. The Employment Development
Department shall develop a form for this purpose. The Department of
Housing and Community Development shall develop regulations governing
the issuance of certificates by local governments pursuant to
subdivision (a) of Section 7086 of the Government Code.
(2) Retain a copy of the certification and provide it upon request
to the Franchise Tax Board.
(d) (1) For purposes of this section:
(A) All employees of trades or businesses, which are not
incorporated, that are under common control shall be treated as
employed by a single taxpayer.
(B) The credit, if any, allowable by this section with respect to
each trade or business shall be determined by reference to its
proportionate share of the expense of the qualified wages giving rise
to the credit, and shall be allocated in that manner.
(C) Principles that apply in the case of controlled groups of
corporations, as specified in subdivision (d) of Section 23622.7,
shall apply with respect to determining employment.
(2) If an employer acquires the major portion of a trade or
business of another employer (hereinafter in this paragraph referred
to as the "predecessor") or the major portion of a separate unit of a
trade or business of a predecessor, then, for purposes of applying
this section (other than subdivision (e)) for any calendar year
ending after that acquisition, the employment relationship between a
qualified employee and an employer shall not be treated as terminated
if the employee continues to be employed in that trade or business.
(e) (1) (A) If the employment, other than seasonal employment, of
any qualified employee, with respect to whom qualified wages are
taken into account under subdivision (a) is terminated by the
taxpayer at any time during the first 270 days of that employment
(whether or not consecutive) or before the close of the 270th
calendar day after the day in which that employee completes 90 days
of employment with the taxpayer, the tax imposed by this part for the
taxable year in which that employment is terminated shall be
increased by an amount equal to the credit allowed under subdivision
(a) for that taxable year and all prior taxable years attributable to
qualified wages paid or incurred with respect
to that employee.
(B) If the seasonal employment of any qualified employee, with
respect to whom qualified wages are taken into account under
subdivision (a) is not continued by the taxpayer for a period of 270
days of employment during the 60-month period beginning with the day
the qualified employee commences seasonal employment with the
taxpayer, the tax imposed by this part, for the taxable year that
includes the 60th month following the month in which the qualified
employee commences seasonal employment with the taxpayer, shall be
increased by an amount equal to the credit allowed under subdivision
(a) for that taxable year and all prior taxable years attributable to
qualified wages paid or incurred with respect to that qualified
employee.
(2) (A) Subparagraph (A) of paragraph (1) shall not apply to any
of the following:
(i) A termination of employment of a qualified employee who
voluntarily leaves the employment of the taxpayer.
(ii) A termination of employment of a qualified employee who,
before the close of the period referred to in paragraph (1), becomes
disabled and unable to perform the services of that employment,
unless that disability is removed before the close of that period and
the taxpayer fails to offer reemployment to that employee.
(iii) A termination of employment of a qualified employee, if it
is determined that the termination was due to the misconduct (as
defined in Sections 1256-30 to 1256-43, inclusive, of Title 22 of the
California Code of Regulations) of that employee.
(iv) A termination of employment of a qualified employee due to a
substantial reduction in the trade or business operations of the
taxpayer.
(v) A termination of employment of a qualified employee, if that
employee is replaced by other qualified employees so as to create a
net increase in both the number of employees and the hours of
employment.
(B) Subparagraph (B) of paragraph (1) shall not apply to any of
the following:
(i) A failure to continue the seasonal employment of a qualified
employee who voluntarily fails to return to the seasonal employment
of the taxpayer.
(ii) A failure to continue the seasonal employment of a qualified
employee who, before the close of the period referred to in
subparagraph (B) of paragraph (1), becomes disabled and unable to
perform the services of that seasonal employment, unless that
disability is removed before the close of that period and the
taxpayer fails to offer seasonal employment to that qualified
employee.
(iii) A failure to continue the seasonal employment of a qualified
employee, if it is determined that the failure to continue the
seasonal employment was due to the misconduct (as defined in Sections
1256-30 to 1256-43, inclusive, of Title 22 of the California Code of
Regulations) of that qualified employee.
(iv) A failure to continue seasonal employment of a qualified
employee due to a substantial reduction in the regular seasonal trade
or business operations of the taxpayer.
(v) A failure to continue the seasonal employment of a qualified
employee, if that qualified employee is replaced by other qualified
employees so as to create a net increase in both the number of
seasonal employees and the hours of seasonal employment.
(C) For purposes of paragraph (1), the employment relationship
between the taxpayer and a qualified employee shall not be treated as
terminated by reason of a mere change in the form of conducting the
trade or business of the taxpayer, if the qualified employee
continues to be employed in that trade or business and the taxpayer
retains a substantial interest in that trade or business.
(3) Any increase in tax under paragraph (1) shall not be treated
as tax imposed by this part for purposes of determining the amount of
any credit allowable under this part.
(f) In the case of an estate or trust, both of the following
apply:
(1) The qualified wages for any taxable year shall be apportioned
between the estate or trust and the beneficiaries on the basis of the
income of the estate or trust allocable to each.
(2) Any beneficiary to whom any qualified wages have been
apportioned under paragraph (1) shall be treated, for purposes of
this part, as the employer with respect to those wages.
(g) For purposes of this section, "enterprise zone" means an area
designated as an enterprise zone pursuant to Chapter 12.8 (commencing
with Section 7070) of Division 7 of Title 1 of the Government Code.
(h) The credit allowable under this section shall be reduced by
the credit allowed under Sections 17053.10, 17053.17 and 17053.46
claimed for the same employee. The credit shall also be reduced by
the federal credit allowed under Section 51 of the Internal Revenue
Code.
In addition, any deduction otherwise allowed under this part for
the wages or salaries paid or incurred by the taxpayer upon which the
credit is based shall be reduced by the amount of the credit, prior
to any reduction required by subdivision (i) or (j).
(i) In the case where the credit otherwise allowed under this
section exceeds the "net tax" for the taxable year, that portion of
the credit that exceeds the "net tax" may be carried over and added
to the credit, if any, in succeeding taxable years, until the credit
is exhausted. The credit shall be applied first to the earliest
taxable years possible.
(j) (1) The amount of the credit otherwise allowed under this
section and Section 17053.70, including any credit carryover from
prior years, that may reduce the "net tax" for the taxable year shall
not exceed the amount of tax which would be imposed on the taxpayer'
s business income attributable to the enterprise zone determined as
if that attributable income represented all of the income of the
taxpayer subject to tax under this part.
(2) Attributable income shall be that portion of the taxpayer's
California source business income that is apportioned to the
enterprise zone. For that purpose, the taxpayer's business income
attributable to sources in this state first shall be determined in
accordance with Chapter 17 (commencing with Section 25101) of Part
11. That business income shall be further apportioned to the
enterprise zone in accordance with Article 2 (commencing with Section
25120) of Chapter 17 of Part 11, modified for purposes of this
section in accordance with paragraph (3).
(3) Business income shall be apportioned to the enterprise zone by
multiplying the total California business income of the taxpayer by
a fraction, the numerator of which is the property factor plus the
payroll factor, and the denominator of which is two. For purposes of
this paragraph:
(A) The property factor is a fraction, the numerator of which is
the average value of the taxpayer's real and tangible personal
property owned or rented and used in the enterprise zone during the
taxable year, and the denominator of which is the average value of
all the taxpayer's real and tangible personal property owned or
rented and used in this state during the taxable year.
(B) The payroll factor is a fraction, the numerator of which is
the total amount paid by the taxpayer in the enterprise zone during
the taxable year for compensation, and the denominator of which is
the total compensation paid by the taxpayer in this state during the
taxable year.
(4) The portion of any credit remaining, if any, after application
of this subdivision, shall be carried over to succeeding taxable
years, as if it were an amount exceeding the "net tax" for the
taxable year, as provided in subdivision (i).
(k) The changes made to this section by the act adding this
subdivision shall apply to taxable years beginning on or after
January 1, 1997.
SEC. 1299. Section 19533 of the Revenue
and Taxation Code is amended to read:
19533. In the event the debtor has more than one debt being
collected by the Franchise Tax Board and the amount collected by the
Franchise Tax Board is insufficient to satisfy the total amount
owing, the amount collected shall be applied in the following
priority:
(a) Payment of any delinquencies transferred for collection under
Article 5 (commencing with Section 19270) of Chapter 5.
(b) Payment of any taxes, additions to tax, penalties, interest,
fees, or other amounts due and payable under Part 7.5 (commencing
with Section 13201), Part 10 (commencing with Section 17001), Part 11
(commencing with Section 23001), or this part.
(c) Payment of delinquent wages collected pursuant to the Labor
Code.
(d) Payment of delinquencies collected under Section 10878.
(e) Payment of any amounts due that are referred for collection
under Article 5.5 (commencing with Section 19280) of Chapter 5.
(f) Payment of any amounts that are referred for collection
pursuant to Section 62.9 of the Labor Code.
(g) Payment of delinquent penalties collected for the Department
of Industrial Relations pursuant to the Labor Code.
(h) Payment of delinquent fees collected for the Department of
Industrial Relations pursuant to the Labor Code.
(i) Payment of delinquencies referred by the Student Aid
Commission Office of Higher Education and Financial
Aid .
(j) Notwithstanding the payment priority established by this
section, voluntary payments made by a taxpayer designated by the
taxpayer as payment for a personal income tax liability, shall not be
applied pursuant to this priority, but shall instead be applied
solely to the personal income tax liability for which the voluntary
payment was made.
SEC. 1300. Section 19557 of the Revenue
and Taxation Code is amended to read:
19557. (a) Notwithstanding any other provision of law, the
California Student Aid Commission Office of
Higher Education and Financial Aid may annually inform the
Franchise Tax Board of the names and social security numbers of the
following persons who have, as part of the Student Aid Application
for California, signed an authorization in a form and manner mutually
agreeable to the Franchise Tax Board and the California
Student Aid Commission Office of Higher Education and
Financial Aid for the release by the Franchise Tax Board of tax
information to the California Student Aid Commission
Office of Higher Education and Financial Aid :
(1) All applicants for, or recipients of, student financial aid.
(2) Parents of dependent applicants for, or recipients of, student
financial aid.
(3) Spouses of applicants for, or recipients of, student financial
aid.
(b) The California Student Aid Commission
Office of Higher Education and Financial Aid shall submit the
names and social security numbers as authorized in subdivision (a) in
the form and manner prescribed by the Franchise Tax Board.
(c) Upon receipt of this information, the Franchise Tax Board may
provide the California Student Aid Commission
Office of Higher Education and Financial Aid , from state tax
returns of individuals described in subdivision (a), their California
adjusted gross income and the California income adjustments as are
necessary to calculate their federal adjusted gross income, or any
other information from their state tax return, that can be provided
by the Franchise Tax Board through its automated process, that the
California Student Aid Commission Office of
Higher Education and Financial Aid needs to administer the
program for which the authorization was given.
(d) All versions of the Student Aid Application for California
shall include the authorization described in subdivision (a). The
Franchise Tax Board may from time to time audit these authorizations.
All processors of the Student Aid Application for California shall
provide the Franchise Tax Board with access to any records necessary
for completing these audits. The Franchise Tax Board shall report all
audit findings to the California Student Aid Commission
Office of Higher Education and Financial Aid .
(e) Any unwarranted disclosure or use of the tax information
described in subdivision (c) by the California Student Aid
Commission Office of Higher Education and Financial
Aid , or its employees and officers thereof, is a misdemeanor
as provided in Section 19552.
SEC. 1301. Section 23622.7 of the
Revenue and Taxation Code is amended to read:
23622.7. (a) There shall be allowed a credit against the "tax"
(as defined by Section 23036) to a taxpayer who employs a qualified
employee in an enterprise zone during the taxable year. The credit
shall be equal to the sum of each of the following:
(1) Fifty percent of qualified wages in the first year of
employment.
(2) Forty percent of qualified wages in the second year of
employment.
(3) Thirty percent of qualified wages in the third year of
employment.
(4) Twenty percent of qualified wages in the fourth year of
employment.
(5) Ten percent of qualified wages in the fifth year of
employment.
(b) For purposes of this section:
(1) "Qualified wages" means:
(A) (i) Except as provided in clause (ii), that portion of wages
paid or incurred by the taxpayer during the taxable year to qualified
employees that does not exceed 150 percent of the minimum wage.
(ii) For up to 1,350 qualified employees who are employed by the
taxpayer in the Long Beach Enterprise Zone in aircraft manufacturing
activities described in Codes 3721 to 3728, inclusive, and Code 3812
of the Standard Industrial Classification (SIC) Manual published by
the United States Office of Management and Budget, 1987 edition,
"qualified wages" means that portion of hourly wages that does not
exceed 202 percent of the minimum wage.
(B) Wages received during the 60-month period beginning with the
first day the employee commences employment with the taxpayer.
Reemployment in connection with any increase, including a regularly
occurring seasonal increase, in the trade or business operations of
the taxpayer does not constitute commencement of employment for
purposes of this section.
(C) Qualified wages do not include any wages paid or incurred by
the taxpayer on or after the zone expiration date. However, wages
paid or incurred with respect to qualified employees who are employed
by the taxpayer within the enterprise zone within the 60-month
period prior to the zone expiration date shall continue to qualify
for the credit under this section after the zone expiration date, in
accordance with all provisions of this section applied as if the
enterprise zone designation were still in existence and binding.
(2) "Minimum wage" means the wage established by the
Industrial Welfare Commission Labor and Workforce
Development Agency as provided for in Chapter 1
(commencing with Section 1171) of Part 4 of Division 2 of the Labor
Code.
(3) "Zone expiration date" means the date the enterprise zone
designation expires, is no longer binding, or becomes inoperative.
(4) (A) "Qualified employee" means an individual who meets all of
the following requirements:
(i) At least 90 percent of whose services for the taxpayer during
the taxable year are directly related to the conduct of the taxpayer'
s trade or business located in an enterprise zone.
(ii) Performs at least 50 percent of his or her services for the
taxpayer during the taxable year in an enterprise zone.
(iii) Is hired by the taxpayer after the date of original
designation of the area in which services were performed as an
enterprise zone.
(iv) Is any of the following:
(I) Immediately preceding the qualified employee's commencement of
employment with the taxpayer, was a person eligible for services
under the federal Job Training Partnership Act (29 U.S.C. Sec. 1501
et seq.), or its successor, who is receiving, or is eligible to
receive, subsidized employment, training, or services funded by the
federal Job Training Partnership Act, or its successor.
(II) Immediately preceding the qualified employee's commencement
of employment with the taxpayer, was a person eligible to be a
voluntary or mandatory registrant under the Greater Avenues for
Independence Act of 1985 (GAIN) provided for pursuant to Article 3.2
(commencing with Section 11320) of Chapter 2 of Part 3 of Division 9
of the Welfare and Institutions Code, or its successor.
(III) Immediately preceding the qualified employee's commencement
of employment with the taxpayer, was an economically disadvantaged
individual 14 years of age or older.
(IV) Immediately preceding the qualified employee's commencement
of employment with the taxpayer, was a dislocated worker who meets
any of the following:
(aa)
(ia) Has been terminated or laid off or who has
received a notice of termination or layoff from employment, is
eligible for or has exhausted entitlement to unemployment insurance
benefits, and is unlikely to return to his or her previous industry
or occupation.
(bb)
(ib) Has been terminated or has received a notice of
termination of employment as a result of any permanent closure or any
substantial layoff at a plant, facility, or enterprise, including an
individual who has not received written notification but whose
employer has made a public announcement of the closure or layoff.
(cc)
(ic) Is long-term unemployed and has limited
opportunities for employment or reemployment in the same or a similar
occupation in the area in which the individual resides, including an
individual 55 years of age or older who may have substantial
barriers to employment by reason of age.
(dd)
(id) Was self-employed
self-employed (including farmers and ranchers) and is
unemployed as a result of general economic conditions in the
community in which he or she resides or because of natural disasters.
(ee)
(ie) Was a civilian employee of the Department of
Defense employed at a military installation being closed or realigned
under the Defense Base Closure and Realignment Act of 1990.
(ff)
(if) Was an active member of the armed forces or
National Guard as of September 30, 1990, and was either involuntarily
separated or separated pursuant to a special benefits program.
(gg)
(ig) Is a seasonal or migrant worker who experiences
chronic seasonal unemployment and underemployment in the agriculture
industry, aggravated by continual advancements in technology and
mechanization.
(hh)
(ih) Has been terminated or laid off, or has received a
notice of termination or layoff, as a consequence of compliance with
the Clean Air Act.
(V) Immediately preceding the qualified employee's commencement of
employment with the taxpayer, was a disabled individual who is
eligible for or enrolled in, or has completed a state rehabilitation
plan or is a service-connected disabled veteran, veteran of the
Vietnam era, or veteran who is recently separated from military
service.
(VI) Immediately preceding the qualified employee's commencement
of employment with the taxpayer, was an ex-offender. An individual
shall be treated as convicted if he or she was placed on probation by
a state court without a finding of guilt.
(VII) Immediately preceding the qualified employee's commencement
of employment with the taxpayer, was a person eligible for or a
recipient of any of the following:
(aa)
(ia) Federal Supplemental Security Income benefits.
(bb)
(ib) Aid to Families with Dependent Children.
(cc)
(ic) Food stamps.
(dd)
(id) State and local general assistance.
(VIII) Immediately preceding the qualified employee's commencement
of employment with the taxpayer, was a member of a federally
recognized Indian tribe, band, or other group of Native American
descent.
(IX) Immediately preceding the qualified employee's commencement
of employment with the taxpayer, was a resident of a targeted
employment area (as defined in Section 7072 of the Government Code).
(X) An employee who qualified the taxpayer for the enterprise zone
hiring credit under former Section 23622 or the program area hiring
credit under former Section 23623.
(XI) Immediately preceding the qualified employee's commencement
of employment with the taxpayer, was a member of a targeted group, as
defined in Section 51(d) of the Internal Revenue Code, or its
successor.
(B) Priority for employment shall be provided to an individual who
is enrolled in a qualified program under the federal Job Training
Partnership Act or the Greater Avenues for Independence Act of 1985
or who is eligible as a member of a targeted group under the Work
Opportunity Tax Credit (Section 51 of the Internal Revenue Code), or
its successor.
(5) "Taxpayer" means a corporation engaged in a trade or business
within an enterprise zone designated pursuant to Chapter 12.8
(commencing with Section 7070) of Division 7 of Title 1 of the
Government Code.
(6) "Seasonal employment" means employment by a taxpayer that has
regular and predictable substantial reductions in trade or business
operations.
(c) The taxpayer shall do both of the following:
(1) Obtain from the Employment Development Department, as
permitted by federal law, the local county or city Job Training
Partnership Act administrative entity, the local county GAIN office
or social services agency, or the local government administering the
enterprise zone, a certification that provides that a qualified
employee meets the eligibility requirements specified in clause (iv)
of subparagraph (A) of paragraph (4) of subdivision (b). The
Employment Development Department may provide preliminary screening
and referral to a certifying agency. The Employment Development
Department shall develop a form for this purpose. The Department of
Housing and Community Development shall develop regulations governing
the issuance of certificates by local governments pursuant to
subdivision (a) of Section 7086 of the Government Code.
(2) Retain a copy of the certification and provide it upon request
to the Franchise Tax Board.
(d) (1) For purposes of this section:
(A) All employees of all corporations which are members of the
same controlled group of corporations shall be treated as employed by
a single taxpayer.
(B) The credit, if any, allowable by this section to each member
shall be determined by reference to its proportionate share of the
expense of the qualified wages giving rise to the credit, and shall
be allocated in that manner.
(C) For purposes of this subdivision, "controlled group of
corporations" means "controlled group of corporations" as defined in
Section 1563(a) of the Internal Revenue Code, except that:
(i) "More than 50 percent" shall be substituted for "at least 80
percent" each place it appears in Section 1563(a)(1) of the Internal
Revenue Code.
(ii) The determination shall be made without regard to subsections
(a)(4) and (e)(3)(C) of Section 1563 of the Internal Revenue Code.
(2) If an employer acquires the major portion of a trade or
business of another employer (hereinafter in this paragraph referred
to as the "predecessor") or the major portion of a separate unit of a
trade or business of a predecessor, then, for purposes of applying
this section (other than subdivision (e)) for any calendar year
ending after that acquisition, the employment relationship between a
qualified employee and an employer shall not be treated as terminated
if the employee continues to be employed in that trade or business.
(e) (1) (A) If the employment, other than seasonal employment, of
any qualified employee with respect to whom qualified wages are taken
into account under subdivision (a) is terminated by the taxpayer at
any time during the first 270 days of that employment, whether or not
consecutive, or before the close of the 270th calendar day after the
day in which that employee completes 90 days of employment with the
taxpayer, the tax imposed by this part for the taxable year in which
that employment is terminated shall be increased by an amount equal
to the credit allowed under subdivision (a) for that taxable year and
all prior taxable years attributable to qualified wages paid or
incurred with respect to that employee.
(B) If the seasonal employment of any qualified employee, with
respect to whom qualified wages are taken into account under
subdivision (a) is not continued by the taxpayer for a period of 270
days of employment during the 60-month period beginning with the day
the qualified employee commences seasonal employment with the
taxpayer, the tax imposed by this part, for the taxable year that
includes the 60th month following the month in which the qualified
employee commences seasonal employment with the taxpayer, shall be
increased by an amount equal to the credit allowed under subdivision
(a) for that taxable year and all prior taxable years attributable to
qualified wages paid or incurred with respect to that qualified
employee.
(2) (A) Subparagraph (A) of paragraph (1) shall not apply to any
of the following:
(i) A termination of employment of a qualified employee who
voluntarily leaves the employment of the taxpayer.
(ii) A termination of employment of a qualified employee who,
before the close of the period referred to in subparagraph (A) of
paragraph (1), becomes disabled and unable to perform the services of
that employment, unless that disability is removed before the close
of that period and the taxpayer fails to offer reemployment to that
employee.
(iii) A termination of employment of a qualified employee, if it
is determined that the termination was due to the misconduct (as
defined in Sections 1256-30 to 1256-43, inclusive, of Title 22 of the
California Code of Regulations) of that employee.
(iv) A termination of employment of a qualified employee due to a
substantial reduction in the trade or business operations of the
taxpayer.
(v) A termination of employment of a qualified employee, if that
employee is replaced by other qualified employees so as to create a
net increase in both the number of employees and the hours of
employment.
(B) Subparagraph (B) of paragraph (1) shall not apply to any of
the following:
(i) A failure to continue the seasonal employment of a qualified
employee who voluntarily fails to return to the seasonal employment
of the taxpayer.
(ii) A failure to continue the seasonal employment of a qualified
employee who, before the close of the period referred to in
subparagraph (B) of paragraph (1), becomes disabled and unable to
perform the services of that seasonal employment, unless that
disability is removed before the close of that period and the
taxpayer fails to offer seasonal employment to that qualified
employee.
(iii) A failure to continue the seasonal
employment of a qualified employee, if it is determined that the
failure to continue the seasonal employment was due to the misconduct
(as defined in Sections 1256-30 to 1256-43, inclusive, of Title 22
of the California Code of Regulations) of that qualified employee.
(iv) A failure to continue seasonal employment of a qualified
employee due to a substantial reduction in the regular seasonal trade
or business operations of the taxpayer.
(v) A failure to continue the seasonal employment of a qualified
employee, if that qualified employee is replaced by other qualified
employees so as to create a net increase in both the number of
seasonal employees and the hours of seasonal employment.
(C) For purposes of paragraph (1), the employment relationship
between the taxpayer and a qualified employee shall not be treated as
terminated by either of the following:
(i) By a transaction to which Section 381(a) of the Internal
Revenue Code applies, if the qualified employee continues to be
employed by the acquiring corporation.
(ii) By reason of a mere change in the form of conducting the
trade or business of the taxpayer, if the qualified employee
continues to be employed in that trade or business and the taxpayer
retains a substantial interest in that trade or business.
(3) Any increase in tax under paragraph (1) shall not be treated
as tax imposed by this part for purposes of determining the amount of
any credit allowable under this part.
(f) Rules similar to the rules provided in Section 46(e) and (h)
of the Internal Revenue Code shall apply to both of the following:
(1) An organization to which Section 593 of the Internal Revenue
Code applies.
(2) A regulated investment company or a real estate investment
trust subject to taxation under this part.
(g) For purposes of this section, "enterprise zone" means an area
designated as an enterprise zone pursuant to Chapter 12.8 (commencing
with Section 7070) of Division 7 of Title 1 of the Government Code.
(h) The credit allowable under this section shall be reduced by
the credit allowed under Sections 23623.5, 23625, and 23646 claimed
for the same employee. The credit shall also be reduced by the
federal credit allowed under Section 51 of the Internal Revenue Code.
In addition, any deduction otherwise allowed under this part for
the wages or salaries paid or incurred by the taxpayer upon which the
credit is based shall be reduced by the amount of the credit, prior
to any reduction required by subdivision (i) or (j).
(i) In the case where the credit otherwise allowed under this
section exceeds the "tax" for the taxable year, that portion of the
credit that exceeds the "tax" may be carried over and added to the
credit, if any, in succeeding taxable years, until the credit is
exhausted. The credit shall be applied first to the earliest taxable
years possible.
(j) (1) The amount of the credit otherwise allowed under this
section and Section 23612.2, including any credit carryover from
prior years, that may reduce the "tax" for the taxable year shall not
exceed the amount of tax which would be imposed on the taxpayer's
business income attributable to the enterprise zone determined as if
that attributable income represented all of the income of the
taxpayer subject to tax under this part.
(2) Attributable income shall be that portion of the taxpayer's
California source business income that is apportioned to the
enterprise zone. For that purpose, the taxpayer's business
attributable to sources in this state first shall be determined in
accordance with Chapter 17 (commencing with Section 25101). That
business income shall be further apportioned to the enterprise zone
in accordance with Article 2 (commencing with Section 25120) of
Chapter 17, modified for purposes of this section in accordance with
paragraph (3).
(3) Business income shall be apportioned to the enterprise zone by
multiplying the total California business income of the taxpayer by
a fraction, the numerator of which is the property factor plus the
payroll factor, and the denominator of which is two. For purposes of
this paragraph:
(A) The property factor is a fraction, the numerator of which is
the average value of the taxpayer's real and tangible personal
property owned or rented and used in the enterprise zone during the
income year, and the denominator of which is the average value of all
the taxpayer's real and tangible personal property owned or rented
and used in this state during the income year.
(B) The payroll factor is a fraction, the numerator of which is
the total amount paid by the taxpayer in the enterprise zone during
the income year for compensation, and the denominator of which is the
total compensation paid by the taxpayer in this state during the
income year.
(4) The portion of any credit remaining, if any, after application
of this subdivision, shall be carried over to succeeding taxable
years, as if it were an amount exceeding the "tax" for the taxable
year, as provided in subdivision (i).
(k) The changes made to this section by the act adding this
subdivision shall apply to taxable years on or after January 1, 1997.
SEC. 1302. Section 23622.8 of the
Revenue and Taxation Code is amended to read:
23622.8. (a) For each taxable year beginning on or after January
1, 1998, there shall be allowed a credit against the "tax" (as
defined in Section 23036) to a qualified taxpayer for hiring a
qualified disadvantaged individual during the taxable year for
employment in the manufacturing enhancement area. The credit shall be
equal to the sum of each of the following:
(1) Fifty percent of the qualified wages in the first year of
employment.
(2) Forty percent of the qualified wages in the second year of
employment.
(3) Thirty percent of the qualified wages in the third year of
employment.
(4) Twenty percent of the qualified wages in the fourth year of
employment.
(5) Ten percent of the qualified wages in the fifth year of
employment.
(b) For purposes of this section:
(1) "Qualified wages" means:
(A) That portion of wages paid or incurred by the qualified
taxpayer during the taxable year to qualified disadvantaged
individuals that does not exceed 150 percent of the minimum wage.
(B) The total amount of qualified wages which may be taken into
account for purposes of claiming the credit allowed under this
section shall not exceed two million dollars ($2,000,000) per taxable
year.
(C) Wages received during the 60-month period beginning with the
first day the qualified disadvantaged individual commences employment
with the qualified taxpayer. Reemployment in connection with any
increase, including a regularly occurring seasonal increase, in the
trade or business operations of the qualified taxpayer does not
constitute commencement of employment for purposes of this section.
(D) Qualified wages do not include any wages paid or incurred by
the qualified taxpayer on or after the manufacturing enhancement area
expiration date. However, wages paid or incurred with respect to
qualified employees who are employed by the qualified taxpayer within
the manufacturing enhancement area within the 60-month period prior
to the manufacturing enhancement area expiration date shall continue
to qualify for the credit under this section after the manufacturing
enhancement area expiration date, in accordance with all provisions
of this section applied as if the manufacturing enhancement area
designation were still in existence and binding.
(2) "Minimum wage" means the wage established by the
Industrial Welfare Commission Labor and Workforce
Development Agency as provided for in Chapter 1 (commencing
with Section 1171) of Part 4 of Division 2 of the Labor Code.
(3) "Manufacturing enhancement area" means an area designated
pursuant to Section 7073.8 of the Government Code according to the
procedures of Chapter 12.8 (commencing with Section 7070) of Division
7 of Title 1 of the Government Code.
(4) "Manufacturing enhancement area expiration date" means the
date the manufacturing enhancement area designation expires, is no
longer binding, or becomes inoperative.
(5) "Qualified disadvantaged individual" means an individual who
satisfies all of the following requirements:
(A) (i) At least 90 percent of whose services for the qualified
taxpayer during the taxable year are directly related to the conduct
of the qualified taxpayer's trade or business located in a
manufacturing enhancement area.
(ii) Who performs at least 50 percent of his or her services for
the qualified taxpayer during the taxable year in the manufacturing
enhancement area.
(B) Who is hired by the qualified taxpayer after the designation
of the area as a manufacturing enhancement area in which the
individual's services were primarily performed.
(C) Who is any of the following immediately preceding the
individual's commencement of employment with the qualified taxpayer:
(i) An individual who has been determined eligible for services
under the federal Job Training Partnership Act (29 U.S.C. Sec. 1501
et seq.) or its successor.
(ii) Any voluntary or mandatory registrant under the Greater
Avenues for Independence Act of 1985, or its successor, as provided
pursuant to Article 3.2 (commencing with Section 11320) of Chapter 2
of Part 3 of Division 9 of the Welfare and Institutions Code.
(iii) Any individual who has been certified eligible by the
Employment Development Department under the federal Targeted Jobs Tax
Credit Program, or its successor, whether or not this program is in
effect.
(6) "Qualified taxpayer" means any corporation engaged in a trade
or business within a manufacturing enhancement area designated
pursuant to Section 7073.8 of the Government Code and that meets all
of the following requirements:
(A) Is engaged in those lines of business described in Codes 0211
to 0291, inclusive, Code 0723, or in Codes 2011 to 3999, inclusive,
of the Standard Industrial Classification (SIC) Manual published by
the United States Office of Management and Budget, 1987 edition.
(B) At least 50 percent of the qualified taxpayer's workforce
hired after the designation of the manufacturing enhancement area is
composed of individuals who, at the time of hire, are residents of
the county in which the manufacturing enhancement area is located.
(C) Of this percentage of local hires, at least 30 percent shall
be qualified disadvantaged individuals.
(7) "Seasonal employment" means employment by a qualified taxpayer
that has regular and predictable substantial reductions in trade or
business operations.
(c) (1) For purposes of this section, all of the following apply:
(A) All employees of all corporations that are members of the same
controlled group of corporations shall be treated as employed by a
single qualified taxpayer.
(B) The credit (if any) allowable by this section with respect to
each member shall be determined by reference to its proportionate
share of the expenses of the qualified wages giving rise to the
credit and shall be allocated in that manner.
(C) Principles that apply in the case of controlled groups of
corporations, as specified in subdivision (d) of Section 23622.7,
shall apply with respect to determining employment.
(2) If a qualified taxpayer acquires the major portion of a trade
or business of another employer (hereinafter in this paragraph
referred to as the "predecessor") or the major portion of a separate
unit of a trade or business of a predecessor, then, for purposes of
applying this section (other than subdivision (d)) for any calendar
year ending after that acquisition, the employment relationship
between a qualified disadvantaged individual and a qualified taxpayer
shall not be treated as terminated if the qualified disadvantaged
individual continues to be employed in that trade or business.
(d) (1) (A) If the employment, other than seasonal employment, of
any qualified disadvantaged individual, with respect to whom
qualified wages are taken into account under subdivision (b) is
terminated by the qualified taxpayer at any time during the first 270
days of that employment (whether or not consecutive) or before the
close of the 270th calendar day after the day in which that qualified
disadvantaged individual completes 90 days of employment with the
qualified taxpayer, the tax imposed by this part for the taxable year
in which that employment is terminated shall be increased by an
amount equal to the credit allowed under subdivision (a) for that
taxable year and all prior taxable years attributable to qualified
wages paid or incurred with respect to that qualified disadvantaged
individual.
(B) If the seasonal employment of any qualified disadvantaged
individual, with respect to whom qualified wages are taken into
account under subdivision (a) is not continued by the qualified
taxpayer for a period of 270 days of employment during the 60-month
period beginning with the day the qualified disadvantaged individual
commences seasonal employment with the qualified taxpayer, the tax
imposed by this part, for the income year that includes the 60th
month following the month in which the qualified disadvantaged
individual commences seasonal employment with the qualified taxpayer,
shall be increased by an amount equal to the credit allowed under
subdivision (a) for that taxable year and all prior taxable years
attributable to qualified wages paid or incurred with respect to that
qualified disadvantaged individual.
(2) (A) Subparagraph (A) of paragraph (1) does not apply to any of
the following:
(i) A termination of employment of a qualified disadvantaged
individual who voluntarily leaves the employment of the qualified
taxpayer.
(ii) A termination of employment of a qualified disadvantaged
individual who, before the close of the period referred to in
subparagraph (A) of paragraph (1), becomes disabled to perform the
services of that employment, unless that disability is removed before
the close of that period and the qualified taxpayer fails to offer
reemployment to that individual.
(iii) A termination of employment of a qualified disadvantaged
individual, if it is determined that the termination was due to the
misconduct (as defined in Sections 1256-30 to 1256-43, inclusive, of
Title 22 of the California Code of Regulations) of that individual.
(iv) A termination of employment of a qualified disadvantaged
individual due to a substantial reduction in the trade or business
operations of the qualified taxpayer.
(v) A termination of employment of a qualified disadvantaged
individual, if that individual is replaced by other qualified
disadvantaged individuals so as to create a net increase in both the
number of employees and the hours of employment.
(B) Subparagraph (B) of paragraph (1) shall not apply to any of
the following:
(i) A failure to continue the seasonal employment of a qualified
disadvantaged individual who voluntarily fails to return to the
seasonal employment of the qualified taxpayer.
(ii) A failure to continue the seasonal employment of a qualified
disadvantaged individual who, before the close of the period referred
to in subparagraph (B) of paragraph (1), becomes disabled and unable
to perform the services of that seasonal employment, unless that
disability is removed before the close of that period and the
qualified taxpayer fails to offer seasonal employment to that
qualified disadvantaged individual.
(iii) A failure to continue the seasonal employment of a qualified
disadvantaged individual, if it is determined that the failure to
continue the seasonal employment was due to the misconduct (as
defined in Sections 1256-30 to 1256-43, inclusive, of Title 22 of the
California Code of Regulations) of that qualified disadvantaged
individual.
(iv) A failure to continue seasonal employment of a qualified
disadvantaged individual due to a substantial reduction in the
regular seasonal trade or business operations of the qualified
taxpayer.
(v) A failure to continue the seasonal employment of a qualified
disadvantaged individual, if that qualified disadvantaged individual
is replaced by other qualified disadvantaged individuals so as to
create a net increase in both the number of seasonal employees and
the hours of seasonal employment.
(C) For purposes of paragraph (1), the employment relationship
between the qualified taxpayer and a qualified disadvantaged
individual shall not be treated as terminated by either of the
following:
(i) By a transaction to which Section 381(a) of the Internal
Revenue Code applies, if the qualified disadvantaged individual
continues to be employed by the acquiring corporation.
(ii) By reason of a mere change in the form of conducting the
trade or business of the qualified taxpayer, if the qualified
disadvantaged individual continues to be employed in that trade or
business and the qualified taxpayer retains a substantial interest in
that trade or business.
(3) Any increase in tax under paragraph (1) shall not be treated
as tax imposed by this part for purposes of determining the amount of
any credit allowable under this part.
(e) The credit shall be reduced by the credit allowed under
Section 23621. The credit shall also be reduced by the federal credit
allowed under Section 51 of the Internal Revenue Code.
In addition, any deduction otherwise allowed under this part for
the wages or salaries paid or incurred by the qualified taxpayer upon
which the credit is based shall be reduced by the amount of the
credit, prior to any reduction required by subdivision (f) or (g).
(f) In the case where the credit otherwise allowed under this
section exceeds the "tax" for the taxable year, that portion of the
credit that exceeds the "tax" may be carried over and added to the
credit, if any, in succeeding years, until the credit is exhausted.
The credit shall be applied first to the earliest taxable years
possible.
(g) (1) The amount of credit otherwise allowed under this section,
including prior year credit carryovers, that may reduce the "tax"
for the taxable year shall not exceed the amount of tax that would be
imposed on the qualified taxpayer's business income attributed to a
manufacturing enhancement area determined as if that attributed
income represented all of the net income of the qualified taxpayer
subject to tax under this part.
(2) Attributable income is that portion of the taxpayer's
California source business income that is apportioned to the
manufacturing enhancement area. For that purpose, the taxpayer's
business income attributable to sources in this state first shall be
determined in accordance with Chapter 17 (commencing with Section
25101). That business income shall be further apportioned to the
manufacturing enhancement area in accordance with Article 2
(commencing with Section 25120) of Chapter 17, modified for purposes
of this section in accordance with paragraph (3).
(3) Income shall be apportioned to a manufacturing enhancement
area by multiplying the total California business income of the
taxpayer by a fraction, the numerator of which is the property factor
plus the payroll factor, and the denominator of which is two. For
the purposes of this paragraph:
(A) The property factor is a fraction, the numerator of which is
the average value of the taxpayer's real and tangible personal
property owned or rented and used in the manufacturing enhancement
area during the taxable year, and the denominator of which is the
average value of all the taxpayer's real and tangible personal
property owned or rented and used in this state during the taxable
year.
(B) The payroll factor is a fraction, the numerator of which is
the total amount paid by the taxpayer in the manufacturing
enhancement area during the taxable year for compensation, and the
denominator of which is the total compensation paid by the taxpayer
in this state during the taxable year.
(4) The portion of any credit remaining, if any, after application
of this subdivision, shall be carried over to succeeding taxable
years, as if it were an amount exceeding the "tax" for the taxable
year, as provided in subdivision (g).
(h) If the taxpayer is allowed a credit pursuant to this section
for qualified wages paid or incurred, only one credit shall be
allowed to the taxpayer under this part with respect to any wage
consisting in whole or in part of those qualified wages.
(i) The qualified taxpayer shall do both of the following:
(1) Obtain from the Employment Development Department, as
permitted by federal law, the local county or city Job Training
Partnership Act administrative entity, the local county GAIN office
or social services agency, or the local government administering the
manufacturing enhancement area, a certification that provides that a
qualified disadvantaged individual meets the eligibility requirements
specified in paragraph (5) of subdivision (b). The Employment
Development Department may provide preliminary screening and referral
to a certifying agency. The Department of Housing and Community
Development shall develop regulations governing the issuance of
certificates pursuant to subdivision (d) of Section 7086 of the
Government Code and shall develop forms for this purpose.
(2) Retain a copy of the certification and provide it upon request
to the Franchise Tax Board.
SEC. 1303. Section 23634 of the Revenue
and Taxation Code is amended to read:
23634. (a) For each taxable year beginning on or after January 1,
1998, there shall be allowed a credit against the "tax" (as defined
by Section 23036) to a qualified taxpayer who employs a qualified
employee in a targeted tax area during the taxable year. The credit
shall be equal to the sum of each of the following:
(1) Fifty percent of qualified wages in the first year of
employment.
(2) Forty percent of qualified wages in the second year of
employment.
(3) Thirty percent of qualified wages in the third year of
employment.
(4) Twenty percent of qualified wages in the fourth year of
employment.
(5) Ten percent of qualified wages in the fifth year of
employment.
(b) For purposes of this section:
(1) "Qualified wages" means:
(A) That portion of wages paid or incurred by the qualified
taxpayer during the taxable year to qualified employees that does not
exceed 150 percent of the minimum wage.
(B) Wages received during the 60-month period beginning with the
first day the employee commences employment with the qualified
taxpayer. Reemployment in connection with any increase, including a
regularly occurring seasonal increase, in the trade or business
operations of the qualified taxpayer does not constitute commencement
of employment for purposes of this section.
(C) Qualified wages do not include any wages paid or incurred by
the qualified taxpayer on or after the targeted tax area expiration
date. However, wages paid or incurred with respect to qualified
employees who are employed by the qualified taxpayer within the
targeted tax area within the 60-month period prior to the targeted
tax area expiration date shall continue to qualify for the credit
under this section after the targeted tax area expiration date, in
accordance with all provisions of this section applied as if the
targeted tax area designation were still in existence and binding.
(2) "Minimum wage" means the wage established by the
Industrial Welfare Commission Labor and
Workforce Development Agency as provided for in Chapter 1
(commencing with Section 1171) of Part 4 of Division 2 of the Labor
Code.
(3) "Targeted tax area expiration date" means the date the
targeted tax area designation expires, is revoked, is no longer
binding, or becomes inoperative.
(4) (A) "Qualified employee" means an individual who meets all of
the following requirements:
(i) At least 90 percent of his or her services for the qualified
taxpayer during the taxable year are directly related to the conduct
of the qualified taxpayer's trade or business located in a targeted
tax area.
(ii) Performs at least 50 percent of his or her services for the
qualified taxpayer during the taxable year in a targeted tax area.
(iii) Is hired by the qualified taxpayer after the date of
original designation of the area in which services were performed as
a targeted tax area.
(iv) Is any of the following:
(I) Immediately preceding the qualified employee's commencement of
employment with the qualified taxpayer, was a person eligible for
services under the federal Job Training Partnership Act (29 U.S.C.
Sec. 1501 et seq.), or its successor, who is receiving, or is
eligible to receive, subsidized employment, training, or services
funded by the federal Job Training Partnership Act, or its successor.
(II) Immediately preceding the qualified employee's commencement
of employment with the qualified taxpayer, was a person eligible to
be a voluntary or mandatory registrant under the Greater Avenues for
Independence Act of 1985 (GAIN) provided for pursuant to Article 3.2
(commencing with Section 11320) of Chapter 2 of Part 3 of Division 9
of the Welfare and Institutions Code, or its successor.
(III) Immediately preceding the qualified employee's commencement
of employment with the qualified taxpayer, was an economically
disadvantaged individual 14 years of age or older.
(IV) Immediately preceding the qualified employee's commencement
of employment with the qualified taxpayer, was a dislocated worker
who meets any of the following:
(aa)
(ia) Has been terminated or laid off or who has
received a notice of termination or layoff from employment, is
eligible for or has exhausted entitlement to unemployment insurance
benefits, and is unlikely to return to his or her previous industry
or occupation.
(bb)
(ib) Has been terminated or has received a notice of
termination of employment as a result of any permanent closure or any
substantial layoff at a plant, facility, or enterprise, including an
individual who has not received written notification but whose
employer has made a public announcement of the closure or layoff.
(cc)
(ic) Is long-term unemployed and has limited
opportunities for employment or reemployment in the same or a similar
occupation in the area in which the individual resides, including an
individual 55 years of age or older who may have substantial
barriers to employment by reason of age.
(dd)
(id) Was self-employed (including farmers and ranchers)
and is unemployed as a result of general economic conditions in the
community in which he or she resides or because of natural disasters.
(ee)
(ie) Was a civilian employee of the Department of
Defense employed at a military installation being closed or realigned
under the Defense Base Closure and Realignment Act of 1990.
(ff)
(if) Was an active member of the Armed Forces or
National Guard as of September 30, 1990, and was either involuntarily
separated or separated pursuant to a special benefits program.
(gg)
(ig) Is a seasonal or migrant worker who experiences
chronic seasonal unemployment and underemployment in the agriculture
industry, aggravated by continual advancements in technology and
mechanization.
(hh)
(ih) Has been terminated or laid off, or has received a
notice of termination or layoff, as a consequence of compliance with
the Clean Air Act.
(V) Immediately preceding the qualified employee's commencement of
employment with the qualified taxpayer, was a disabled individual
who is eligible for or enrolled in, or has completed a state
rehabilitation plan or is a service-connected disabled veteran,
veteran of the Vietnam era, or veteran who is recently separated from
military service.
(VI) Immediately preceding the qualified employee's commencement
of employment with the qualified taxpayer, was an ex-offender. An
individual shall be treated as convicted if he or she was placed on
probation by a state court without a finding of guilt.
(VII) Immediately preceding the qualified employee's commencement
of employment with the qualified taxpayer, was a person eligible for
or a recipient of any of the following:
(aa)
(ia) Federal Supplemental Security Income benefits.
(bb)
(ib) Aid to Families with Dependent Children.
(cc)
(ic) Food stamps.
(dd)
(id) State and local general assistance.
(VIII) Immediately preceding the qualified employee's commencement
of employment with the qualified taxpayer, was a member of a
federally recognized Indian tribe, band, or other group of Native
American descent.
(IX) Immediately preceding the qualified employee's commencement
of employment with the qualified taxpayer, was a resident of a
targeted tax area.
(X) Immediately preceding the qualified employee's commencement of
employment with the taxpayer, was a member of a targeted group, as
defined in Section 51(d) of the Internal Revenue Code, or its
successor.
(B) Priority for employment shall be provided to an individual who
is enrolled in a qualified program under the federal Job Training
Partnership Act or the Greater Avenues for Independence Act of 1985
or who is eligible as a member of a targeted group under the Work
Opportunity Tax Credit (Section 51 of the Internal Revenue Code), or
its successor.
(5) (A) "Qualified taxpayer" means a person or entity that meets
both of the following:
(i) Is engaged in a trade or business within a targeted tax area
designated pursuant to Chapter 12.93 (commencing with Section 7097)
of Division 7 of Title 1 of the Government Code.
(ii) Is engaged in those lines of business described in Codes 2000
to 2099, inclusive; 2200 to 3999, inclusive; 4200 to 4299,
inclusive; 4500 to 4599, inclusive; and 4700 to 5199, inclusive, of
the Standard Industrial Classification (SIC) Manual published by the
United States Office of Management and Budget, 1987 edition.
(B) In the case of any passthrough entity, the determination of
whether a taxpayer is a qualified taxpayer under this section shall
be made at the entity level and any credit under this section or
Section 17053.34 shall be allowed to the passthrough entity and
passed through to the partners or shareholders in accordance with
applicable provisions of this part or Part 10 (commencing with
Section 17001). For purposes of this subparagraph, the term
"passthrough entity" means any partnership or S corporation.
(6) "Seasonal employment" means employment by a qualified taxpayer
that has regular and predictable substantial reductions in trade or
business operations.
(c) If the qualified taxpayer is allowed a credit for qualified
wages pursuant to this section, only one credit shall be allowed to
the taxpayer under this part with respect to those qualified wages.
(d) The qualified taxpayer shall do both of the following:
(1) Obtain from the Employment Development Department, as
permitted by federal law, the local county or city Job Training
Partnership Act administrative entity, the local county GAIN office
or social services agency, or the local government administering the
targeted tax area, a certification that provides that a qualified
employee meets the eligibility requirements specified in clause (iv)
of subparagraph (A) of paragraph (4) of subdivision (b). The
Employment Development Department may provide preliminary screening
and referral to a certifying agency. The Department of Housing and
Community Development shall develop regulations for the issuance of
certificates pursuant to subdivision (g) of Section 7097 of the
Government Code, and shall develop forms for this purpose.
(2) Retain a copy of the certification and provide it upon request
to the Franchise Tax Board.
(e) (1) For purposes of this section:
(A) All employees of all corporations that are members of the same
controlled group of corporations shall be treated as employed by a
single taxpayer.
(B) The credit, if any, allowable by this section to each member
shall be determined by reference to its proportionate share of the
expense of the qualified wages giving rise to the credit, and shall
be allocated in that manner.
(C) For purposes of this subdivision, "controlled group of
corporations" means "controlled group of corporations" as defined in
Section 1563(a) of the Internal Revenue Code, except that:
(i) "More than 50 percent" shall be substituted for "at least 80
percent" each place it appears in Section 1563(a)(1) of the Internal
Revenue Code.
(ii) The determination shall be made without regard to subsections
(a)(4) and (e)(3)(C) of Section 1563 of the Internal Revenue Code.
(2) If an employer acquires the major portion of a trade or
business of another employer (hereinafter in this paragraph referred
to as the "predecessor") or the major portion of a separate unit of a
trade or business of a predecessor, then, for purposes of applying
this section (other than subdivision (f)) for any calendar year
ending after that acquisition, the employment relationship between a
qualified employee and an employer shall not be treated as terminated
if the employee continues to be employed in that trade or business.
(f) (1) (A) If the employment, other than seasonal employment, of
any qualified employee with respect to whom qualified wages are taken
into account under subdivision (a) is terminated by the qualified
taxpayer at any time during the first 270 days of that employment
(whether or not consecutive) or before the close of the 270th
calendar day after the day in which that employee completes 90 days
of employment with the qualified taxpayer, the tax imposed by this
part for the taxable year in which that employment is terminated
shall be increased by an amount equal to the credit allowed under
subdivision (a) for that taxable year and all prior taxable years
attributable to qualified wages paid or incurred with respect to that
employee.
(B) If the seasonal employment of any qualified employee, with
respect to whom qualified wages are taken into account under
subdivision (a) is not continued by the qualified taxpayer for a
period of 270 days of employment during the 60-month period beginning
with the day the qualified employee commences seasonal employment
with the qualified taxpayer, the tax imposed by this part, for the
taxable year that includes the 60th month following the month in
which the qualified employee commences seasonal employment with the
qualified taxpayer, shall be increased by an amount equal to the
credit allowed under subdivision (a) for that taxable year and all
prior taxable years attributable to qualified wages paid or incurred
with respect to that qualified employee.
(2) (A) Subparagraph (A) of paragraph (1) shall not apply to any
of the following:
(i) A termination of employment of a qualified employee who
voluntarily leaves the employment of the qualified taxpayer.
(ii) A termination of employment of a qualified employee who,
before the close of the period referred to in subparagraph (A) of
paragraph (1), becomes disabled and unable to perform the services of
that employment, unless that disability is removed before the close
of that period and the qualified taxpayer fails to offer reemployment
to that employee.
(iii) A termination of employment of a qualified employee, if it
is determined that the termination was due to the misconduct (as
defined in Sections 1256-30 to 1256-43, inclusive, of Title 22 of the
California Code of Regulations) of that employee.
(iv) A termination of employment of a qualified employee due to a
substantial reduction in the trade or business operations of the
taxpayer.
(v) A termination of employment of a qualified employee, if that
employee is replaced by other qualified employees so as to create a
net increase in both the number of employees and the hours of
employment.
(B) Subparagraph (B) of paragraph (1) shall not apply to any of
the following:
(i) A failure to continue the seasonal employment of a qualified
employee who voluntarily fails to return to the seasonal employment
of the qualified taxpayer.
(ii) A failure to continue the seasonal employment of a qualified
employee who, before the close of the period referred to in
subparagraph (B) of paragraph (1), becomes disabled and unable to
perform the services of that seasonal employment, unless that
disability is removed before the close of that period and the
qualified taxpayer fails to offer seasonal employment to that
qualified employee.
(iii) A failure to continue the seasonal employment of a qualified
employee, if it is determined that the failure to continue the
seasonal employment was due to the misconduct (as defined in Sections
1256-30 to 1256-43, inclusive, of Title 22 of the California Code of
Regulations) of that qualified employee.
(iv) A failure to continue seasonal employment of a qualified
employee due to a substantial reduction in the regular seasonal trade
or business operations of the qualified taxpayer.
(v) A failure to continue the seasonal employment of a qualified
employee, if that qualified employee is replaced by other qualified
employees so as to create a net increase in both the number of
seasonal employees and the hours of seasonal employment.
(C) For purposes of paragraph (1), the employment relationship
between the qualified taxpayer and a qualified employee shall not be
treated as terminated by either of the following:
(i) By a transaction to which Section 381(a) of the Internal
Revenue Code applies, if the qualified employee continues to be
employed by the acquiring corporation.
(ii) By reason of a mere change in the form of conducting the
trade or business of the qualified taxpayer, if the qualified
employee continues to be employed in that trade or business and the
qualified taxpayer retains a substantial interest in that trade or
business.
(3) Any increase in tax under paragraph (1) shall not be treated
as tax imposed by this part for purposes of determining the amount of
any credit allowable under this part.
(g) Rules similar to the rules provided in Sections 46(e) and (h)
of the Internal Revenue Code shall apply to both of the following:
(1) An organization to which Section 593 of the Internal Revenue
Code applies.
(2) A regulated investment company or a real estate investment
trust subject to taxation under this part.
(h) For purposes of this section, "targeted tax area" means an
area designated pursuant to Chapter 12.93 (commencing with Section
7097) of Division 7 of Title 1 of the Government Code.
(i) In the case where the credit otherwise allowed under this
section exceeds the "tax" for the taxable year, that portion of the
credit that exceeds the "tax" may be carried over and added to the
credit, if any, in succeeding taxable years, until the credit is
exhausted. The credit shall be applied first to the earliest taxable
years possible.
(j) (1) The amount of the credit otherwise allowed under this
section and Section 23633, including any credit carryover from prior
years, that may reduce the "tax" for the taxable year shall not
exceed the amount of tax that would be imposed on the qualified
taxpayer's business income attributable to the targeted tax area
determined as if that attributable income represented all of the
income of the qualified taxpayer subject to tax under this part.
(2) Attributable income shall be that portion of the taxpayer's
California source business income that is apportioned to the targeted
tax area. For that purpose, the taxpayer's business income
attributable to sources in this state first shall be determined in
accordance with Chapter 17 (commencing with Section 25101). That
business income shall be further apportioned to the targeted tax area
in accordance with Article 2 (commencing with Section 25120) of
Chapter 17, modified for purposes of this section in accordance with
paragraph (3).
(3) Business income shall be apportioned to the targeted tax area
by multiplying the total California business income of the taxpayer
by a fraction, the numerator of which is the property factor plus the
payroll factor, and the denominator of which is two. For purposes of
this paragraph:
(A) The property factor is a fraction, the numerator of which is
the average value of the taxpayer's real and tangible personal
property owned or rented and used in the targeted tax area during the
taxable year, and the denominator of which is the average value of
all the taxpayer's real and tangible personal property owned or
rented and used in this state during the taxable year.
(B) The payroll factor is a fraction, the numerator of which is
the total amount paid by the taxpayer in the targeted tax area during
the taxable year for compensation, and the denominator of which is
the total compensation paid by the taxpayer in this state during the
taxable year.
(4) The portion of any credit remaining, if any, after application
of this subdivision, shall be carried over to succeeding taxable
years, as if it were an amount exceeding the "tax" for the taxable
year, as provided in subdivision (h).
(5) In the event that a credit carryover is allowable under
subdivision (h) for any taxable year after the targeted tax area
designation has expired or been revoked, the targeted tax area shall
be deemed to remain in existence for purposes of computing the
limitation specified in this subdivision.
SEC. 1304. Section 23646 of the Revenue
and Taxation Code is amended to read:
23646. (a) For each taxable year beginning on or after January 1,
1995, there shall be allowed as a credit against the "tax" (as
defined in Section 23036) to a qualified taxpayer for hiring a
qualified disadvantaged individual or a qualified displaced employee
during the taxable year for employment in the LAMBRA. The credit
shall be equal to the sum of each of the following:
(1) Fifty percent of the qualified wages in the first year of
employment.
(2) Forty percent of the qualified wages in the second year of
employment.
(3) Thirty percent of the qualified wages in the third year of
employment.
(4) Twenty percent of the qualified wages in the fourth year of
employment.
(5) Ten percent of the qualified wages in the fifth year of
employment.
(b) For purposes of this section:
(1) "Qualified wages" means:
(A) That portion of wages paid or incurred by the employer during
the taxable year to qualified disadvantaged individuals or qualified
displaced employees that does not exceed 150 percent of the minimum
wage.
(B) The total amount of qualified wages which may be taken into
account for purposes of claiming the credit allowed under this
section shall not exceed two million dollars ($2,000,000) per taxable
year.
(C) Wages received during the 60-month period beginning with the
first day the individual commences employment with the taxpayer.
Reemployment in connection with any increase, including a regularly
occurring seasonal increase, in the trade or business operation of
the qualified taxpayer does not constitute commencement of employment
for purposes of this section.
(D) Qualified wages do not include any wages paid or incurred by
the qualified taxpayer on or after the LAMBRA expiration date.
However, wages paid or incurred with respect to qualified
disadvantaged individuals or qualified displaced employees who are
employed by the qualified taxpayer within the LAMBRA within the
60-month period prior to the LAMBRA expiration date shall continue to
qualify for the credit under this section after the LAMBRA
expiration date, in accordance with all provisions of this section
applied as if the LAMBRA designation were still in existence and
binding.
(2) "Minimum wage" means the wage established by the
Industrial Welfare Commission Labor and Workforce
Development Agency as provided for in Chapter 1 (commencing
with Section 1171) of Part 4 of Division 2 of the Labor Code.
(3) "LAMBRA" means a local agency military base recovery area
designated in accordance with the provisions of Section 7114 of the
Government Code.
(4) "Qualified disadvantaged individual" means an individual who
satisfies all of the following requirements:
(A) (i) At least 90 percent of whose services for the taxpayer
during the taxable year are directly related to the conduct of the
taxpayer's trade or business located in a LAMBRA.
(ii) Who performs at least 50 percent of his or her services for
the taxpayer during the taxable year in the LAMBRA.
(B) Who is hired by the employer after the designation of the area
as a LAMBRA in which the individual's services were primarily
performed.
(C) Who is any of the following immediately preceding the
individual's commencement of employment with the taxpayer:
(i) An individual who has been determined eligible for services
under the federal Job Training Partnership Act (29 U.S.C. Sec. 1501
et seq.), or its successor.
(ii) Any voluntary or mandatory registrant under the Greater
Avenues for Independence Act of 1985 provided for pursuant to Article
3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of
Division 9 of the Welfare and Institutions Code.
(iii) An economically disadvantaged individual age 16 years or
older.
(iv) A dislocated worker who meets any of the following
conditions:
(I) Has been terminated or laid off or who has received a notice
of termination or layoff from employment, is eligible for or has
exhausted entitlement to unemployment insurance benefits, and is
unlikely to return to his or her previous industry or occupation.
(II) Has been terminated or has received a notice of termination
of employment as a result of any permanent closure or any substantial
layoff at a plant, facility, or enterprise, including an individual
who has not received written notification but whose employer has made
a public announcement of the closure or layoff.
(III) Is long-term unemployed and has limited opportunities for
employment or reemployment in the same or a similar occupation in the
area in which the individual resides, including an individual 55
years of age or older who may have substantial barriers to employment
by reason of age.
(IV) Was self-employed (including farmers and ranchers) and is
unemployed as a result of general economic conditions in the
community in which he or she resides or because of natural disasters.
(V) Was a civilian employee of the Department of Defense employed
at a military installation being closed or realigned under the
Defense Base Closure and Realignment Act of 1990.
(VI) Was an active member of the Armed Forces or National Guard as
of September 30, 1990, and was either involuntarily separated or
separated pursuant to a special benefits program.
(VII) Experiences chronic seasonal unemployment and
underemployment in the agriculture industry, aggravated by continual
advancements in technology and mechanization.
(VIII) Has been terminated or laid off or has received a notice of
termination or layoff as a consequence of compliance with the Clean
Air Act.
(v) An individual who is enrolled in or has completed a state
rehabilitation plan or is a service-connected disabled veteran,
veteran of the Vietnam era, or veteran who is recently separated from
military service.
(vi) An ex-offender. An individual shall be treated as convicted
if he or she was placed on probation by a state court without a
finding of guilty.
(vii) A recipient of:
(I) Federal Supplemental Security Income benefits.
(II) Aid to Families with Dependent Children.
(III) Food stamps.
(IV) State and local general assistance.
(viii) Is a member of a federally recognized Indian tribe, band,
or other group of Native American descent.
(5) "Qualified taxpayer" means a corporation that conducts a trade
or business within a LAMBRA and, for the first two taxable years,
has a net increase in jobs (defined as 2,000 paid hours per employee
per year) of one or more employees as determined below in the LAMBRA.
(A) The net increase in the number of jobs shall be determined by
subtracting the total number of full-time employees (defined as 2,000
paid hours per employee per year) the taxpayer employed in this
state in the taxable year prior to commencing business operations in
the LAMBRA from the total number of full-time employees the taxpayer
employed in this state during the second taxable year after
commencing business operations in the LAMBRA. For taxpayers who
commence doing business in this state with their LAMBRA business
operation, the number of employees for the taxable year prior to
commencing business operations in the LAMBRA shall be zero. If the
taxpayer has a net increase in jobs in the state, the credit shall be
allowed only if one or more full-time employees is employed within
the LAMBRA.
(B) The total number of employees employed in the LAMBRA shall
equal the sum of both of the following:
(i) The total number of hours worked in the LAMBRA for the
taxpayer by employees (not to exceed 2,000 hours per employee) who
are paid an hourly wage divided by 2,000.
(ii) The total number of months worked in the LAMBRA for the
taxpayer by employees who are salaried employees divided by 12.
(C) In the case of a qualified taxpayer that first commences doing
business in the LAMBRA during the taxable year, for purposes of
clauses (i) and (ii), respectively, of subparagraph (B) the divisors
"2,000" and "12" shall be multiplied by a fraction, the numerator of
which is the number of months of the taxable year that the taxpayer
was doing business in the LAMBRA and the denominator of which is 12.
(6) "Qualified displaced employee" means an individual who
satisfies all of the following requirements:
(A) Any civilian or military employee of a base or former base
that has been displaced as a result of a federal base closure act.
(B) (i) At least 90 percent of whose services for the taxpayer
during the taxable year are directly related to the conduct of the
taxpayer's trade or business located in a LAMBRA.
(ii) Who performs at least 50 percent of his or her services for
the taxpayer during the taxable year in a LAMBRA.
(C) Who is hired by the employer after the designation of the area
in which services were performed as a LAMBRA.
(7) "Seasonal employment" means employment by a qualified taxpayer
that has regular and predictable substantial reductions in trade or
business operations.
(8) "LAMBRA expiration date" means the date the LAMBRA designation
expires, is no longer binding, or becomes inoperative.
(c) For qualified disadvantaged individuals or qualified displaced
employees hired on or after January 1, 2001, the taxpayer shall do
both of the following:
(1) Obtain from the Employment Development Department, as
permitted by federal law, the administrative entity of the local
county or city for the federal Job Training Partnership Act, or its
successor, the local county GAIN office or social services agency, or
the local government administering the LAMBRA, a certification that
provides that a qualified disadvantaged individual or qualified
displaced employee meets the eligibility requirements specified in
subparagraph (C) of paragraph (4) of subdivision (b) or subparagraph
(A) of paragraph (6) of subdivision (b). The Employment Development
Department may provide preliminary screening and referral to a
certifying agency. The Department of Housing and Community
Development shall develop regulations governing the issuance of
certificates pursuant to Section 7114.2 of the Government Code and
shall develop forms for this purpose.
(2) Retain a copy of the certification and provide it upon request
to the Franchise Tax Board.
(d) (1) For purposes of this section, both of the following apply:
(A) All employees of all corporations that are members of the same
controlled group of corporations shall be treated as employed by a
single employer.
(B) The credit (if any) allowable by this section to each member
shall be determined by reference to its proportionate share of the
qualified wages giving rise to the credit.
(2) For purposes of this subdivision, "controlled group of
corporations" has the meaning given to that term by Section 1563(a)
of the Internal Revenue Code, except that both of the following
apply:
(A) "More than 50 percent" shall be substituted for "at least 80
percent" each place it appears in Section 1563(a)(1) of the Internal
Revenue Code.
(B) The determination shall be made without regard to Section 1563
(a)(4) and Section 1563(e)(3)(C) of the Internal Revenue Code.
(3) If an employer acquires the major portion of a trade or
business of another employer (hereinafter in this paragraph referred
to as the "predecessor") or the major portion of a separate unit of a
trade or business of a predecessor, then, for purposes of applying
this section (other than subdivision (e)) for any calendar year
ending after that acquisition, the employment relationship between an
employee and an employer shall not be treated as terminated if the
employee continues to be employed in that trade or business.
(e) (1) (A) If the employment of any employee, other than seasonal
employment, with respect to whom qualified wages are taken into
account under subdivision (a) is terminated by the taxpayer at any
time during the first 270 days of that employment
(whether or not consecutive) or before the
close of the 270th calendar day after the day in which that employee
completes 90 days of employment with the taxpayer, the tax imposed by
this part for the taxable year in which that employment is
terminated shall be increased by an amount equal to the credit
allowed under subdivision (a) for that taxable year and all prior
income years attributable to qualified wages paid or incurred with
respect to that employee.
(B) If the seasonal employment of any qualified disadvantaged
individual, with respect to whom qualified wages are taken into
account under subdivision (a) is not continued by the qualified
taxpayer for a period of 270 days of employment during the 60-month
period beginning with the day the qualified disadvantaged individual
commences seasonal employment with the qualified taxpayer, the tax
imposed by this part, for the taxable year that includes the 60th
month following the month in which the qualified disadvantaged
individual commences seasonal employment with the qualified taxpayer,
shall be increased by an amount equal to the credit allowed under
subdivision (a) for that taxable year and all prior taxable years
attributable to qualified wages paid or incurred with respect to that
qualified disadvantaged individual.
(2) (A) Subparagraph (A) of paragraph (1) shall not apply to any
of the following:
(i) A termination of employment of an employee who voluntarily
leaves the employment of the taxpayer.
(ii) A termination of employment of an individual who, before the
close of the period referred to in paragraph (1), becomes disabled to
perform the services of that employment, unless that disability is
removed before the close of that period and the taxpayer fails to
offer reemployment to that individual.
(iii) A termination of employment of an individual, if it is
determined that the termination was due to the misconduct (as defined
in Sections 1256-30 to 1256-43, inclusive, of Title 22 of the
California Code of Regulations) of that individual.
(iv) A termination of employment of an individual due to a
substantial reduction in the trade or business operations of the
taxpayer.
(v) A termination of employment of an individual, if that
individual is replaced by other qualified employees so as to create a
net increase in both the number of employees and the hours of
employment.
(B) Subparagraph (B) of paragraph (1) shall not apply to any of
the following:
(i) A failure to continue the seasonal employment of a qualified
disadvantaged individual who voluntarily fails to return to the
seasonal employment of the qualified taxpayer.
(ii) A failure to continue the seasonal employment of a qualified
disadvantaged individual who, before the close of the period referred
to in subparagraph (B) of paragraph (1), becomes disabled and unable
to perform the services of that seasonal employment, unless that
disability is removed before the close of that period and the
qualified taxpayer fails to offer seasonal employment to that
qualified disadvantaged individual.
(iii) A failure to continue the seasonal employment of a qualified
disadvantaged individual, if it is determined that the failure to
continue the seasonal employment was due to the misconduct (as
defined in Sections 1256-30 to 1256-43, inclusive, of Title 22 of the
California Code of Regulations) of that individual.
(iv) A failure to continue seasonal employment of a qualified
disadvantaged individual due to a substantial reduction in the
regular seasonal trade or business operations of the qualified
taxpayer.
(v) A failure to continue the seasonal employment of a qualified
disadvantaged individual, if that individual is replaced by other
qualified disadvantaged individuals so as to create a net increase in
both the number of seasonal employees and the hours of seasonal
employment.
(C) For purposes of paragraph (1), the employment relationship
between the taxpayer and an employee shall not be treated as
terminated by either of the following:
(i) A transaction to which Section 381(a) of the Internal Revenue
Code applies, if the employee continues to be employed by the
acquiring corporation.
(ii) A mere change in the form of conducting the trade or business
of the taxpayer, if the employee continues to be employed in that
trade or business and the taxpayer retains a substantial interest in
that trade or business.
(3) Any increase in tax under paragraph (1) shall not be treated
as tax imposed by this part for purposes of determining the amount of
any credit allowable under this part.
(4) At the close of the second taxable year, if the taxpayer has
not increased the number of its employees as determined by paragraph
(5) of subdivision (b), then the amount of the credit previously
claimed shall be added to the taxpayer's tax for the taxpayer's
second taxable year.
(f) In the case of an organization to which Section 593 of the
Internal Revenue Code applies, and a regulated investment company or
a real estate investment trust subject to taxation under this part,
rules similar to the rules provided in Section 46(e) and Section 46
(h) of the Internal Revenue Code shall apply.
(g) The credit shall be reduced by the credit allowed under
Section 23621. The credit shall also be reduced by the federal credit
allowed under Section 51 of the Internal Revenue Code.
In addition, any deduction otherwise allowed under this part for
the wages or salaries paid or incurred by the taxpayer upon which the
credit is based shall be reduced by the amount of the credit, prior
to any reduction required by subdivision (h) or (i).
(h) In the case where the credit otherwise allowed under this
section exceeds the "tax" for the taxable year, that portion of the
credit that exceeds the "tax" may be carried over and added to the
credit, if any, in succeeding years, until the credit is exhausted.
The credit shall be applied first to the earliest taxable years
possible.
(i) (1) The amount of credit otherwise allowed under this section
and Section 23645, including any prior year carryovers, that may
reduce the "tax" for the taxable year shall not exceed the amount of
tax that would be imposed on the taxpayer's business income
attributed to a LAMBRA determined as if that attributed income
represented all of the income of the taxpayer subject to tax under
this part.
(2) Attributable income shall be that portion of the taxpayer's
California source business income that is apportioned to the LAMBRA.
For that purpose, the taxpayer's business income that is attributable
to sources in this state first shall be determined in accordance
with Chapter 17 (commencing with Section 25101). That business income
shall be further apportioned to the LAMBRA in accordance with
Article 2 (commencing with Section 25120) of Chapter 17, modified for
purposes of this section in accordance with paragraph (3).
(3) Income shall be apportioned to a LAMBRA by multiplying the
total California business income of the taxpayer by a fraction, the
numerator of which is the property factor plus the payroll factor,
and the denominator of which is two. For purposes of this paragraph:
(A) The property factor is a fraction, the numerator of which is
the average value of the taxpayer's real and tangible personal
property owned or rented and used in the LAMBRA during the taxable
year, and the denominator of which is the average value of all the
taxpayer's real and tangible personal property owned or rented and
used in this state during the taxable year.
(B) The payroll factor is a fraction, the numerator of which is
the total amount paid by the taxpayer in the LAMBRA during the
taxable year for compensation, and the denominator of which is the
total compensation paid by the taxpayer in this state during the
taxable year.
(4) The portion of any credit remaining, if any, after application
of this subdivision, shall be carried over to succeeding taxable
years, as if it were an amount exceeding the "tax" for the taxable
year, as provided in subdivision (h).
(j) If the taxpayer is allowed a credit pursuant to this section
for qualified wages paid or incurred, only one credit shall be
allowed to the taxpayer under this part with respect to any wage
consisting in whole or in part of those qualified wages.
SEC. 1305. Section 24357.8 of the
Revenue and Taxation Code is amended to read:
24357.8. (a) In the case of a qualified research contribution,
the amount otherwise allowed as a deduction under Section 24357,
shall be reduced by that amount of the reduction provided by Section
24357.1 which is no greater than the sum of the following:
(1) One-half of the amount computed pursuant to Section 24357.1
(computed without regard to this paragraph).
(2) The amount (if any) by which the charitable contribution
deduction under this section for any qualified research contribution
(computed by taking into account the amount determined by paragraph
(1), but without regard to this paragraph) exceeds twice the basis of
the property.
(b) For purposes of this section, "qualified research contribution"
means a charitable contribution by a taxpayer of tangible personal
property described in paragraph (1) of Section 1221 of the Internal
Revenue Code, but only if all of the following conditions are met:
(1) The contribution is to an educational organization which is
described in subsection (b)(1)(A)(ii) of Section 170 of the Internal
Revenue Code and which is an institution of higher education (as
defined in Section 3304(f) of the Internal Revenue Code of 1954) in
California.
(2) The contribution is made not later than two years after the
date the construction of the property is substantially completed.
(3) The original use of the property is by the donee.
(4) The property is scientific equipment or apparatus
substantially all of the use of which by the donee is for research or
experimentation (within the meaning of Section 24365), or for
research training, in physical, applied, or biological sciences, or
for instructional purposes.
(5) The property is not transferred by the donee in exchange for
money, other property, or services.
(6) The taxpayer receives from the donee a written statement
representing that its use and disposition of the property will be in
accordance with this section, and with respect to property
substantially all of the use of which is for instructional purposes,
the taxpayer receives from the donee a written statement representing
that the property will be used as an integral part of the
instructional program. In the case of a computer, the statement shall
also represent that the donee has acquired or will acquire,
necessary basic operational software and the means to provide trained
staff to utilize the property.
(7) The contribution is made on or after July 1, 1983, and on or
before December 31, 1993.
(8) The taxpayer shall report to the Franchise Tax Board, on forms
prescribed by the board, the name and address of the recipient
educational organization, a description of the qualified charitable
contribution, the fair market value of the contribution, and the date
the contribution was made. The taxpayer shall forward a copy of the
forms, along with the written statements prescribed in paragraph (6),
to the following:
(A) The President of the University of California, in the case of
contributions to institutions within the University of California
system.
(B) California Postsecondary Education Commission
The Office of Higher Education and Financial Aid
, in the case of contributions to private institutions.
(C) The Chancellor of the California State University, in the case
of contributions to institutions within the California State
University system.
(D) The Chancellor of the California Community Colleges, in the
case of contributions to institutions within the California Community
College system.
(c) For purposes of this section, the term "taxpayer" shall not
include a service organization (as defined in Section 414(m)(3) of
the Internal Revenue Code).
SEC. 1306. Section 101.3 of the Streets
and Highways Code is amended to read:
101.3. The department shall submit all plans and specifications
for any bridge or other structure across any river or other drainage
channel or basin subject to the jurisdiction of the
Reclamation Board Department of Water Resources
for approval in accordance with the provisions of the
Reclamation Board Act Part 4 (commencing with Section
8520) of Division 5 of the Water Code , and shall not construct
any such bridge or structure without the approval
of the said board Department of Water
Resources . Whenever a bridge or other structure has been
constructed according to plans and specifications which
that have been approved by the
Reclamation Board Department of Water Resources
, no change in or replacement or relocation of such
the bridge or structure shall be required by
said board the Department of Water Reso
urces from funds appropriated for highway purposes
without the consent of the department.
SEC. 1307. Section 30914.5 of the
Streets and Highways Code is amended to read:
30914.5. (a) Prior to the allocation of revenue for transit
operating assistance under subdivision (d) of Section 30914, the
Metropolitan Transportation Commission shall adopt performance
measures related to fare-box recovery, ridership, and other
performance measures as needed. The performance measures shall be
developed in consultation with the affected transit operators and the
commission's advisory council.
(b) The Metropolitan Transportation Commission shall execute an
operating agreement with the sponsors of the projects described in
subdivision (d) of Section 30914. This agreement shall include, at a
minimum, a fully funded operating plan that conforms to and is
consistent with the adopted performance measures. The agreement shall
also include a schedule of projected fare revenues or other
operating revenues to indicate that the service is viable in the
near-term and is expected to meet the adopted performance measures in
future years. For any individual project sponsor, this operating
agreement may include additional requirements, as determined by the
commission, to be met prior to the allocation of transit assistance
under subdivision (d) of Section 30914.
(c) Prior to the annual allocation of transit operating assistance
funds by the Metropolitan Transportation Commission pursuant to
subdivision (d) of Section 30914, the Metropolitan Transportation
Commission shall conduct, or shall require the sponsoring agency to
conduct, an independent audit that contains audited financial
information, including an opinion on the status and cost of the
project and its compliance with the approved performance measures.
Notwithstanding this requirement, each operator shall be given a
one-year trial period to operate new service. In the first year of
new service, the sponsor shall develop a reporting and accounting
structure for the performance measures. Commencing with the third
operating year, sponsors shall be subject to the approved performance
measures.
(d) The Metropolitan Transportation Commission shall adopt a
regional transit connectivity plan by May 1, 2006. The connectivity
plan shall be incorporated into the commission's Transit Coordination
Implementation Plan pursuant to Section 66516.5 of the Government
Code. The connectivity plan shall require operators to comply with
the plan utilizing commission authority pursuant to Section 66516.5
of the Government Code. The commission shall consult with the
Partnership Transit Coordination Council in developing a plan that
identifies and evaluates opportunities for improving transit
connectivity and shall include, but not be limited to, the following
components:
(1) A network of key transit hubs connecting regional rapid
transit services to one another, and to feeder transit services.
"Regional rapid transit" means long-haul transit service that crosses
county lines, and operates mostly in dedicated rights-of-way,
including freeway high-occupancy vehicle lanes, crossing a bridge, or
on the bay. The identified transit hubs shall operate either as a
timed transfer network or as pulsed hub connections, providing
regularly scheduled connections between two or more transit lines.
(2) Physical infrastructure and right-of-way improvements
necessary to improve system reliability and connections at transit
hubs. Physical infrastructure improvements may include, but are not
limited to, improved rail-to-rail transfer facilities, including
cross-platform transfers, and intermodal transit improvements that
facilitate rail-to-bus, rail-to-ferry, ferry-to-ferry, ferry-to-bus,
and bus-to-bus transfers. Capital improvements identified in the plan
shall be eligible for funding in the commission's regional
transportation plan.
(3) Regional standards and procedures to ensure maximum
coordination of schedule connections to minimize transfer times
between transit lines at key transit hubs, including, but not limited
to, the following:
(A) Policies and procedures for improved fare collection.
(B) Enhanced trip-planning services, including Internet-based
programs, telephone information systems, and printed schedules.
(C) Enhanced schedule coordination through the implementation of
real-time transit-vehicle location systems that facilitate
communication between systems and result in improved timed transfers
between routes.
(D) Performance measures and data collection to monitor the
performance of the connectivity plan.
The connectivity plan shall focus on, but not be limited to,
feeder transit lines connecting to regional rapid transit services,
and the connection of regional rapid transit services to one another.
The connectivity plan shall be adopted following a Metropolitan
Transportation Commission public hearing at least 60 days prior to
adoption. The commission shall adopt performance measures and collect
appropriate data to monitor the performance of the connectivity
plan. The plan shall be evaluated every three years by the commission
as part of the update to its regional transportation plan. No agency
shall be eligible to receive funds under this section unless the
agency is a participant operator in the commission's regional transit
connectivity plan.
The provisions of this subdivision shall only be effective if the
voters approve the toll increase as set forth in Section 30921, and
the expenditures incurred by the Metropolitan Transportation
Commission up to five hundred thousand dollars ($500,000) that are
related to the requirements of this subdivision, including any study,
shall be reimbursed from toll revenues identified in paragraph (33)
of subdivision (c) of Section 30914.
(e) The TransLink Consortium, per the TransLink Interagency
Participation Agreement, shall, by July 1, 2008, develop a plan for
an integrated fare program covering all regional rapid transit trips
funded in full or in part by this section. "Regional rapid transit"
means long-haul transit services that cross county lines, and operate
mostly in dedicated rights-of-way, including freeway high-occupancy
vehicle lanes, crossing a bridge, or on the bay. Interregional rail
services, originating or terminating from outside the Bay Area, shall
not be considered regional rapid transit. The purpose of the
integrated fare program is to encourage greater use of the region's
transit network by making it easier and less costly for transit
riders whose regular commute involves multizonal travel and may
involve the transfer between two or more transit agencies, including
regional-to-regional and regional-to-local transfers. The integrated
fare program shall include a zonal fare system for the sole purpose
of creating a monthly zonal pass (monthly pass), allowing for
unlimited or discounted fares for transit riders making a minimum
number of monthly transit trips between two or more zones. The number
of minimum trips shall be established by the plan. The integrated
fare program shall not apply to fare structures that are not
purchased on a monthly basis. For the purposes of these zonal fares,
geographic zones shall be created in the Bay Area. To the extent
practical, zone boundaries for overlapping systems shall be in the
same places and shall correspond to the boundaries of the local
transit service areas. A regional rapid transit zone may cover more
than one local service area, or may subdivide an existing local
service area. The monthly pass shall be created in at least the
following two forms:
(1) For the use of interzonal regional rapid transit trips without
local transit discounts.
(2) For the use of interzonal regional rapid transit trips with
local transit discounts. The plan may recommend the elimination of
existing transit pass arrangements to simplify the marketing of the
monthly pass. The integrated fare program shall establish a
monitoring program to evaluate the impact of the integrated fare
program on the operating finances of the participating agencies. The
integrated fare program shall be adjusted as necessary to ensure that
the program does not jeopardize the viability of local or regional
rapid transit routes impacted by the program, and to the extent
feasible, provide an equitable revenue-sharing arrangement among the
participating agencies. This subdivision shall only be effective if
the voters approve the toll increase as set forth in Section 30921,
and any expenditures related to the implementation of this
subdivision incurred by the TransLink Consortium shall be reimbursed
by toll revenues designated in paragraph (34) of subdivision (c) of
Section 30914.
(f) The Metropolitan Transportation Commission (MTC) shall, by
September 29, 2007, adopt a Bay Area Regional Rail Plan (plan) for
the development of passenger rail services in the San Francisco Bay
Area over the short, medium, and long term. Up to six million dollars
($6,000,000) of the funds described in paragraph (33) of subdivision
(c) of Section 30914 may be expended by MTC, the San Francisco Bay
Area Rapid Transit District (BART), and the Peninsula Corridor Joint
Powers Board (Caltrain) for the plan. A project management team
comprised of staff from MTC, Caltrain, the High-Speed Rail Authority,
and BART shall provide day-to-day project management of the
technical development of the plan. The plan shall formulate
strategies to integrate passenger rail systems, improve interfaces
with connecting services, expand the regional rapid transit network,
and coordinate investments with transit-supportive land use. The plan
shall be directed by a steering committee consisting of appointees
from the Department of Transportation (Caltrans), BART, Caltrain, the
National Railroad Passenger Corporation (Amtrak), the Capitol
Corridor Joint Powers Authority, the Altamont Commuter Express, the
High-Speed Rail Authority California
Transportation Commission , MTC, the Sonoma-Marin Area Rail
Transit District (SMART), the Santa Clara Valley Transportation
Authority, the Solano Transportation Authority, the Association of
Bay Area Governments, the Transbay Joint Powers Authority, the Port
of Oakland, the Alameda County Congestion Management Agency, the
Contra Costa Transportation Authority, the Transportation Authority
of Marin, the Napa County Transportation Planning Agency, the San
Francisco County Transportation Authority, the San Mateo City-County
Association of Governments, the San Francisco Municipal
Transportation Agency, and the owners of standard gauge rail. Under
direction from the steering committee and with input from Bay Area
transit agencies, MTC shall act as the fiscal agent for the study and
oversee consultant contracts on behalf of the project management
team. The plan proposals shall be evaluated using performance
criteria, including, but not limited to, transit-supportive land use
and access, ridership, cost-effectiveness, regional network
connectivity, and capital and operating financial stability.
Additional performance criteria shall be developed as necessary. The
plan shall include, but not be limited to, all of the following:
(1) Identification of issues in connectivity, access, capacity,
operations, and cost-effectiveness.
(2) Identification of opportunities to enhance rail connectivity
and to maximize passenger convenience when transferring between
systems, including the study of the feasibility and construction of
an intermodal transfer hub at Niles (Shinn Street) Junction.
(3) Recommendation of improvements to the interface with shuttles,
buses, other rail systems, and other feeder modes.
(4) Identification of potential impacts on capacity constraints
and operations on existing passenger and freight carriers.
(5) Identification of bottlenecks where added capacity could
cost-effectively increase performance.
(6) Recommendation of potential efficiency improvements through
economies of scale, such as through joint vehicle procurement and
maintenance facilities.
(7) Recommendation of strategies to acquire right-of-way and
station property to preserve future service options.
(8) Identification of potential capital and operating funding
sources for proposed actions.
(9) Identification of locations where the presence of passenger
rail could stimulate redevelopment and thereby direct growth to the
urban core.
(10) Recommendation of technology-appropriate service expansion in
specific corridors. Technologies to be considered include
conventional rail transit modes, bus rapid transit, and emerging rail
technologies. Identify phasing strategies for the implementation of
rail services where appropriate.
(11) Examination of how recommendations would integrate with
proposed high-speed rail to the Central Valley and southern
California. The intent of this element of the study is to help reduce
the number of alternatives that the High-Speed Rail
Authority California Transportation Commission
would need to evaluate as part of any follow-on environmental
assessment of future high-speed rail system access to the Bay Area.
Selection of a preferred alignment for the Bay Area shall remain the
responsibility of the High-Speed Rail Authority pursuant to
Section 185032 of the Public Utilities Code California
Transportation Commission .
(12) Recommendation of a governance strategy to implement and
operate future regional rail services.
This subdivision shall only be effective if the voters approve the
toll increase as set forth in Section 30921. Any expenditures
incurred by the Metropolitan Transportation Commission
or the project sponsors identified in
paragraph (33) of subdivision (c) of Section 30914 related to the
requirements of this subdivision, including any study and
administration, shall be appropriate charges against toll revenue to
be reimbursed from toll revenues.
SEC. 1308. Section 401 of the
Unemployment Insurance Code is amended to read:
401. There is in the department an Appeals Division consisting of
the California Unemployment Insurance
Employment and Benefits Appeals Board and its employees.
The appeals board consists of seven members. Five members
shall be appointed by the Governor, subject to the approval of the
Senate. One member shall be appointed by the Speaker of the Assembly,
and one member shall be appointed by the Senate Rules Committee. Two
of the members of the appeals board shall be attorneys at law
admitted to practice in the State of California. The other members
need not be attorneys. Each member of the board shall devote his full
time to the performance of his duties. The chairman and each member
of the board shall receive the annual salary provided for by Chapter
6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2
of the Government Code. The Governor shall designate the chairman of
the appeals board from the membership of the appeals board. The
person so designated shall hold the office of chairman at the
pleasure of the Governor. The chairman shall designate a member of
the appeals board to act as chairman in his absence.
SEC. 1309. Section 402 of the
Unemployment Insurance Code is repealed.
402. Each member of the appeals board shall serve for a term of
four years and until his successor is appointed and qualifies. The
term of office of each member of the board appointed pursuant to the
1967 amendment to this section shall also be for four years;
provided, however, that of the two board members first appointed
pursuant to such amendments, one shall be appointed for a term which
shall expire July 1, 1970, and one for a term which shall expire July
1, 1971.
A vacancy shall be filled by the appointing power by appointment
for the unexpired term. A vacancy filled by the Governor shall be
subject to the approval of the Senate.
SEC. 1310. Section 10529 of the
Unemployment Insurance Code is amended to read:
10529. (a) The services provided by the existing labor market
information system within the department shall include workforce and
economic information that does all of the following:
(1) Provides data and information to the state Workforce
Investment Board created pursuant to Section 2821 of Title 29 of the
United States Code, to enable the board to plan, operate, and
evaluate investments in the state's workforce preparation system that
will make the California economy more productive and competitive.
(2) Provides data and information to the California Economic
Strategy Panel for continuous strategic planning and the development
of policies for the growth and competitiveness of the California
economy.
(3) Identifies and combines information from various state data
bases to produce useful, geographically based analysis and products,
to the extent possible using existing resources.
(4) Provides technical assistance related to accessing workforce
and economic information to local governments, public-sector
entities, research institutes, nonprofit organizations, and community
groups that have various levels of expertise, to the extent possible
using existing resources.
(b) The department shall coordinate with the State Department of
Education, the Chancellor of the California Community Colleges, the
State Department of Social Services, the California
Postsecondary Education Commission Office of Higher
Education and Financial Aid , the Department of Finance, and
the Franchise Tax Board in developing economic and workforce
information. The department shall also solicit input in the operation
of the program from public and private agencies and individuals that
make use of the labor market information provided by the department.
SEC. 1311. Section 5024 of the Vehicle
Code is amended to read:
5024. (a) Any person described in Section 5101 may also apply for
a set of commemorative collegiate reflectorized license plates, and
the department shall issue those special license plates in lieu of
the regular license plates. The collegiate reflectorized plates shall
be of a distinctive design, and shall be available in a special
series of letters or numbers, or both, as determined by the
department. The collegiate reflectorized plates shall also contain
the name of the participating institution as well as the
reflectorized logotype, motto, symbol, or other distinctive design,
as approved by the department, representing the participating
university or college selected by the applicant.
(b) Any public or private postsecondary educational institution in
the state, which is accredited or has been accepted as a recognized
candidate for accreditation by the Western Association of Schools and
Colleges, may indicate to the department its decision to be included
in the commemorative collegiate license plate program and submit its
distinctive design for the logotype, motto, symbol, or other design.
However, no public or private postsecondary educational institution
may be included in the program until not less than 5,000 applications
are received for license plates containing that institution's
logotype, motto, symbol, or other design. Each participating
institution shall collect and hold applications for collegiate
license plates until it has received at least 5,000 applications.
Once the institution has received at least 5,000 applications, it
shall submit the applications, along with the necessary fees, to the
department. Upon receiving the first application, the institution
shall have one calendar year to receive the remaining required
applications. If, after that one calendar year, 5,000 applications
have not been received, the institution shall refund to all
applicants any fees or deposits which have been collected.
(c) In addition to the regular fees for an original registration,
a renewal of registration, or a transfer of registration, the
following commemorative collegiate license plate fees shall be paid:
(1) Fifty dollars ($50) for the initial issuance of the plates.
These plates shall be permanent and shall not be required to be
replaced.
(2) Forty dollars ($40) for each renewal of registration which
includes the continued display of the plates.
(3) Fifteen dollars ($15) for transfer of the plates to another
vehicle.
(4) Thirty-five dollars ($35) for replacement plates, if the
plates become damaged or unserviceable.
(d) When payment of renewal fees is not required as specified in
Section 4000, or when the person determines to retain the
commemorative collegiate license plates upon sale, trade, or other
release of the vehicle upon which the plates have been displayed, the
person shall notify the department and the person may retain the
plates.
(e) Of the revenue derived from the additional special fees
provided in this section, less costs incurred by the department
pursuant to this section, one-half shall be deposited in the
California Collegiate License Plate Fund, which is hereby created,
and one-half shall be deposited in the Resources License Plate Fund,
which is hereby created.
(f) The money in the California Collegiate License Plate Fund is,
notwithstanding Section 13340 of the Government Code, continuously
appropriated to the Controller for allocation as follows:
(1) To the governing body of participating public institutions in
the proportion that funds are collected on behalf of each, to be used
for need-based scholarships, distributed according to federal
student aid guidelines.
(2) With respect to funds collected on behalf of accredited
nonprofit, private, and independent colleges and universities in the
state, to the California Student Aid Commission
Office of Higher Education and Financial Aid for grants to
students at those institutions, in the proportion that funds are
collected on behalf of each institution, who demonstrate eligibility
and need in accordance with the Cal Grant Program pursuant to Article
3 (commencing with Section 69530) of Chapter 2 of Part 42 of the
Education Code, but who did not receive an award based on a listing
prepared by the California Student Aid Commission
Office of Higher Education and Financial Aid .
(g) The scholarships and grants shall be awarded without regard to
race, religion, creed, sex, or age.
(h) The money in the Resources License Plate Fund is available,
upon appropriation, for the purposes of natural resources
preservation, enhancement, and restoration.
(i) All revenues deposited in, and expenditures from, the
California Collegiate License Plate Fund shall be audited by the
Auditor General on December 1, 1993, and December 1, 1995.
SEC. 1312. Section 22511.11 of the
Vehicle Code is amended to read:
22511.11. (a) The Office of the State Architect shall propose
regulations specifying the location of disabled person parking stalls
or spaces designated pursuant to Section 22511.8, for parking
facilities constructed or reconstructed pursuant to a building permit
issued on or after October 1, 1993. In specifying the placement of
those stalls or spaces near buildings or facilities and within
parking structures, consideration shall be given to the special
access needs of disabled persons.
(b) The Office of the State Architect shall submit the regulations
proposed pursuant to subdivision (a) to the State Building
Standards Commission Department of General Services
on or before July 1, 1993, for approval, adoption, and
publication in Title 24 of the California Code of Regulations.
SEC. 1313. Section 34501.9 of the
Vehicle Code is amended to read:
34501.9. (a) Nothing in this division or the regulations adopted
under this division is intended to, or shall, affect the rate of
payment of wages, including, but not limited to, regular, premium, or
overtime rates, paid to any person whether for on-duty hours or
driving hours or otherwise.
(b) Nothing in this division or the regulations adopted under this
division is intended to, or shall, affect the regulations adopted
pursuant to other provisions of law concerning the rate or rates of
payment of wages by any other public agency, including, but not
limited to, the Industrial Welfare Commission
Labor and Workforce Development Agency or the Division of
Labor Standards Enforcement of the Department of Industrial
Relations.
SEC. 1314. Article 2 (commencing with Section 150)
of Chapter 2 of Division 1 of the Water Code
is repealed.
SEC. 1315. Article 2 (commencing with Section 150)
is added to Chapter 2 of Division 1 of the Water Code
, to read:
Article 2. State Water Project
150. The department succeeds to, and is vested with, all the
duties, powers, purposes, responsibilities, and jurisdictions of the
California Water Commission.
151. All officers and employees of the California Water
Commission who are serving in the state civil service, other than as
temporary employees, shall be transferred to the department. The
status, positions, and rights of those persons shall not be affected
by the transfer and shall be retained by those persons as officers
and employees of the department, pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2
of the Government Code), except as to positions exempt from the civil
service.
152. The department shall have the possession and control of all
records, papers, offices, equipment, supplies, moneys, funds,
appropriations, licenses, permits, agreements, contracts, claims,
judgments, land, and other property, real or personal, connected with
the administration of, or held for, the benefit or use of the
California Water Commission.
153. (a) Any regulation or other action, adopted, prescribed,
taken, or performed by an agency or officer in the administration of
a program or the performance of a duty, responsibility, or
authorization transferred by the act adding this section shall remain
in effect and shall be deemed to be a regulation or action of the
agency or officer to whom the program, duty, responsibility, or
authorization is transferred.
(b) No suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty,
responsibility, or authorization transferred by the act adding this
section, shall abate by reason of the transfer of the program, duty,
responsibility, or authorization under the act adding this section.
(c) No contract, lease, license, bond, or any other agreement to
which the California Water Commission is a party shall be void or
voidable by reason of this act, but shall continue in full force and
effect, with the department assuming all of the rights, obligations,
liabilities, and duties of the California Water Commission. That
assumption by the department shall not in any way affect the rights
of the parties to the contract, lease, license, or agreement.
(d) The unexpended balance of all funds available for use by the
California Water Commission in carrying out any functions transferred
to the department shall be available for use by the department.
154. The department shall have the power to name all facilities
of the State Water Resources Development System owned by the state.
The department may receive testimony from the public on matters
involving its responsibilities under this section, and, after public
hearing for the purpose of considering all proposed names for those
facilities, may, by resolution, express its decision regarding the
naming of specific facilities of the State Water Resources
Development System.
155. The department, in accordance with Article 2 (commencing
with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2
of the Government Code, may hold any hearings and conduct any
investigations in any part of the state necessary to carry out this
article.
156. The department shall conduct an annual review of the
progress of construction and operation of the State Water Resources
Development System, and notwithstanding Section 7550.5 of the
Government Code, shall make a report on its findings to the
Legislature, together with whatever recommendations it deems
appropriate.
157. The department shall hold public hearings on all additional
facilities proposed to be added to the State Water Resources
Development System by the department pursuant to the authority
granted by Sections 12931 and 12938.
SEC. 1316. Section 7045 of the Water
Code is amended to read:
7045. No acts authorized by this chapter shall limit the powers
of the Department of Water Resources
department to accomplish in its own way the purposes of this
chapter nor interfere with the construction of any flood control
works in accordance with any plan of flood control adopted by the
Reclamation Board department .
SEC. 1317. Section 7047 of the Water
Code is amended to read:
7047. (a) No person may alter, divert
, or deflect the course of any nonnavigable stream in any
surface mining dredging operation without first obtaining the
approval of the board of supervisors of the county in which dredging
is being done.
Nothing
(b) Nothing in this section shall
be construed as conflicting with the powers of the State
Reclamation Board department or the California
Debris Commission or contractors or permittees carrying out flood
control projects under authority of either board or
the department or the commission.
SEC. 1318. Section 8402 of the Water
Code is amended to read:
8402. Unless the context otherwise requires, the following
definitions apply throughout this chapter:
(a) "Department" means Department of Water Resources.
(b) "Board" means the State Reclamation Board.
(c) Wherever the words "department or board" or "department and
board" are used together in this chapter they shall mean board as to
any area within a project which by law is under the jurisdiction of
the State Reclamation Board, and the department in all areas of the
state outside these areas.
(d) "Public agency" means any city, city and county, county, or
district organized, existing, and acting pursuant to the laws of this
state.
(e)
(b) "Design flood" means the selected flood
against which protection is provided, or eventually will be provided,
by means of flood protective or control works. When a federal survey
has been authorized the design flood will be determined by the
appropriate federal agency and in all other cases it will be
determined by the responsible local agency. It is the basis for
design and operation of a particular project after full consideration
of flood characteristics, frequencies, and potentials and economic
and other practical considerations.
(f)
(c) "Designated floodway" means the channel
of a stream and that portion of the adjoining flood plain required to
reasonably provide for the construction of a project for passage of
the design flood including the lands necessary for construction of
project levees.
(d) "Public agency" means any city,
city and county, or district organized, existing, and acting pursuant
to the laws of this state.
(g)
(e) "Restrictive zone" means the portion of
the natural floodway between the limits of the designated floodway
and the limits of the flood plain where inundation may occur but
where depths and velocities are generally low.
SEC. 1319. Section 8403 of the Water
Code is amended to read:
8403. Prior to the establishment by a public agency of flood
plain management regulations, the public agency may request and
receive a review by the department or the board of
the public agency's flood plain management plans and shall furnish
with the request necessary hydrologic studies, including flood
routings or surveys adequate to properly delineate flood plain
categories together with such any
additional supporting data as that the
department or the board may require.
SEC. 1320. Section 8404 of the Water
Code is amended to read:
8404. Where adequate personnel are not available to a public
agency to prepare the necessary flood routing or other engineering
data needed for support of its flood plain management plans, the
department or board may, upon request of the
public agency, make or cause to be made the necessary investigation
and provide the data to the requesting public agency for its use in
developing such those plans. The cost
of such the investigations shall be
borne by the public agency making the request.
SEC. 1321. Section 8412 of the Water
Code is amended to read:
8412. The department or board shall review the
adequacy of flood plain regulations established by a public agency
to meet the requirements of Section 8411, and shall notify the
appropriate public agency in the event the flood plain regulations
are determined by the department or board to be
inadequate to comply with the requirements of Section 8411. The
department or board may recommend any provisions
necessary to provide adequate flood plain regulations. Any
such The public agency shall , within
180 days of receipt of the notice from the department or
board , adopt new flood plain regulations. Upon their
adoption , a copy of such the
flood plain regulations shall be sent to the department
or board .
SEC. 1322. Section 8413 of the Water
Code is amended to read:
8413. Flood plain regulations adopted pursuant to Section 8412
shall take effect 60 days from the date of adoption by the public
agency and shall be deemed to meet the requirements of Section 8411
unless the department or board determines that
such the flood plain regulations are
not adequate to comply with the requirements of Section 8411. If the
department or board makes such a determination, it
shall so report to the public agency and shall recommend
such the regulations or modifications of the
regulations of the agency , which that
it determines are necessary.
SEC. 1323. Section 8414 of the Water
Code is amended to read:
8414. If a public agency fails to adopt flood plain regulations
pursuant to Section 8411, or fails to adopt new
flood plain regulations within 180 days of receipt of the department'
s or board's notice pursuant to Section 8412, or
fails to adopt or modify such regulations in the
manner determined as necessary by the department or board
pursuant to Section 8413 within 90 days of receipt of the
department's or board's notice pursuant to Section
8413, the local flood control agency having jurisdiction over the
project area may adopt flood plain regulations for the designated
floodway necessary to comply with the requirements of Section 8411.
Such The flood plain regulations
adopted by the local flood control agency shall take effect 30 days
from the date of their adoption and shall be enforced by the public
agency and have the same force and effect as if adopted as flood
plain regulations by the public agency.
SEC. 1324. Section 8414.2 of the Water
Code is amended to read:
8414.2. No public agency shall revise flood plain regulations
established to meet the requirements of Section 8411 or shall grant a
variance from such the regulations
without the consent of the department or board and
of the local flood control agency having jurisdiction over the
project area.
SEC. 1325. Section 8415 of the Water
Code is amended to read:
8415. The department and the board, within their
respective jurisdictions as provided in this chapter, shall
establish general policy and may prescribe such
rules and regulations as that may be
necessary to carry out this chapter.
SEC. 1326. Section 8451 of the Water
Code is amended to read:
8451. It is the intent of the Legislature, in providing for state
participation in the additional costs attributable to the
non-flood-control activities described in this chapter, that the
Reclamation Board and the Department of Water Resources
department , in preparing rules and regulations
to implement this chapter, provide that, in processing applications
from flood control districts for state participation in such
those costs, highest priority be given to those
districts in which factors, such as the size of the district, degree
of nonlocal benefits, and level of non-flood-control maintenance
costs which that have been transferred
to the district due to circumstances beyond their control, combine to
work financial hardship on such those
districts.
SEC. 1327. Section 8452 of the Water
Code is repealed.
8452. Wherever the words "department or the Reclamation Board"
are used together in this chapter, they shall mean the Reclamation
Board as to any flood control project levees under its jurisdiction
and the Department of Water Resources as to all other flood control
project levees.
SEC. 1328. Section 8454 of the Water
Code is amended to read:
8454. Local agencies maintaining project facilities under the
State Water Resources Law of 1945 shall be eligible for reimbursement
pursuant to the provisions of this chapter if the cost of
maintenance is increased by the planting or retention of vegetative
cover on such those levees, if the
local agency agrees to maintain such vegetative
cover on project levees as that may be
determined by the department or Reclamation Board
, after consultation with any other affected state agencies, to be
necessary for wildlife habitat, recreational, aesthetic, and scenic
purposes.
SEC. 1329. Section 8455 of the Water
Code is amended to read:
8455. Local agencies entering into agreements with the state
shall annually prepare a work program and estimate of cost for
conducting any maintenance activities necessary to carry out the
project maintenance and the purposes of this chapter and shall submit
the proposed program and cost estimates to the department
or the Reclamation Board for review. The department
or the Reclamation Board shall review the proposed
program and, after receiving the comments of any other affected
state agencies, the department or the Reclamation Board
shall certify for reimbursement 50 percent of those costs
which are found to be attributable to the maintenance of vegetative
cover for wildlife, recreational, aesthetic, and scenic purposes, and
may allocate funds appropriated for these purposes to local agencies
which have entered into agreements with the state pursuant to this
chapter.
SEC. 1330. Section 8456 of the Water
Code is amended to read:
8456. Administrative costs incurred by the department or
the Reclamation Board under this chapter in any fiscal
year shall not exceed 10 percent of the annual cost of the program
established by this chapter.
SEC. 1331. Section 8502
of the Water Code is amended to read:
8502. The management and control of the district are vested in
the reclamation board department .
SEC. 1332. The heading of Part 4 (commencing with
Section 8520) of Division 5 of the Water Code
is amended to read:
PART 4. CENTRAL VALLEY FLOOD PROTECTION BOARD
ADDITIONAL POWERS OF THE DEPARTMENT OF WATER RESOURCES
SEC. 1333. Section 8521 of the Water
Code is amended to read:
8521. "Board" means the Central Valley Flood Protection
Board or "Central Valley Floor Protection Board" shall
be deemed a reference to the department, unless the content
indicates otherwise . Any reference to the Reclamation Board
or the Central Valley Flood Protection Board in this or
any other code means the Central Valley Flood Protection
Board the department .
SEC. 1334. Chapter 2 (commencing with Section
8550) of Part 4 of Division 5 of the Water Code
is repealed.
SEC. 1335. Chapter 2 (commencing with Section
8550) is added to Part 4 of Division 5 of the Water Code
, to read:
CHAPTER 2. ADMINISTRATIVE PROVISIONS
8550. The department succeeds to, and is vested with, all the
duties, powers, purposes, responsibilities, and jurisdictions of the
Central Valley Flood Protection Board, which is hereby abolished.
8551. All officers and employees of the Central Valley Flood
Protection Board who are serving in the state civil service, other
than as temporary employees, shall be transferred to the department.
The status, positions, and rights of those persons shall not be
affected by the transfer and shall be retained by those persons as
officers and employees of the department, pursuant to the State Civil
Service Act (Part 2 (commencing with Section 18500) of Division 5 of
Title 2 of the Government Code), except as to positions exempt from
the civil service.
8552. The department shall have the possession and control of all
records, papers, offices, equipment, supplies, moneys, funds,
appropriations, licenses, permits, agreements, contracts, claims,
judgments, land, and other property, real or personal, connected with
the administration of, or held for, the benefit or use of the
Central Valley Flood Protection Board.
8553. (a) Any regulation or other action, adopted, prescribed,
taken, or performed by an agency or officer in the administration of
a program or the performance of a duty, responsibility, or
authorization transferred by the act adding this section shall remain
in effect and shall be deemed to be a regulation or action of the
agency or officer to whom the program, duty, responsibility, or
authorization is transferred.
(b) No suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty,
responsibility, or authorization transferred by the act adding this
section, shall abate by reason of the transfer of the program, duty,
responsibility, or authorization under the act adding this section.
(c) No contract, lease, license, bond, or any other agreement to
which the Central Valley Flood Protection Board is a party shall be
void or voidable by reason of this act, but shall continue in full
force and effect, with the department assuming all of the rights,
obligations, liabilities, and duties of the Central Valley Flood
Protection Board. That assumption by the department shall not in any
way affect the rights of the parties to the contract, lease, license,
or agreement.
(d) The unexpended balance of all funds available for use by the
Central Valley Flood Protection Board in carrying out any functions
transferred to the department shall be available for use by the
department.
8554. The department shall have a seal of a device that the
department may adopt.
8555. The seal of the department is also the seal of the drainage
district.
8556. A copy of any record of the department, certified to be a
true copy, and attested by the seal of the department, is prima facie
evidence of the existence and contents of the record.
8557. For making a copy of any of its records, the department may
charge and collect the actual reasonable cost of making the copy,
including the time of its employees and materials used, and one
dollar ($1) for the certificate if a certified copy is requested.
8558. The department may require a deposit in advance sufficient
to cover the charges for copying and certifying copies of its
records.
8559. All money collected for copying and certifying copies of
the department's records shall be paid monthly to the Treasurer and
credited to the balance remaining unexpended of any appropriation or
assessment available for the general administrative expenses of the
department to carry out this division.
8560. The department may adopt, amend, or repeal rules and
regulations to carry out this division.
8561. No officer or employee of the department shall be held
personally liable on any obligation or liability of any kind or
character arising out of the claim that the officer or employee has
failed to carry out any obligation imposed upon the department by
this division and the Legislature expressly declares that discretion
is vested in the department to determine how and when the various
provisions of this division and the projects contemplated in this
division with which the department is concerned may best be carried
into effect.
8562. For the purposes of this part, the department may appoint a
general manager, a chief engineer, and an assistant secretary, and
may employ such assistant engineers, consulting engineers, and other
assistants, employees, and advisers as it deems necessary.
8563. The compensation of any engineer employed by the department
may be fixed at a monthly rate of compensation, or fees for special
services rendered, or both.
8564. The department may administer oaths and take and certify
affidavits relating to any matter pending before the department, or
in which the department or the drainage district is interested.
SEC. 1336. The heading of Part 5 (commencing with
Section 9250) of Division 5 of the Water Code
is amended to read:
PART 5. RECLAMATION BOARD BOND ACT
SEC. 1337. Section 9251 of the Water
Code is amended to read:
9251. "Board" means the reclamation board
or "Reclamation Board" shall be deemed to be a reference to the
department, unless the context indicates otherwise .
SEC. 1338. Section 9260 of the Water
Code is amended and renumbered to read:
9260. 9260.2. Whenever any
assessment levied by the board department
upon lands within the drainage district has been completed and
all of the hearings before the board
department in regard thereto have been held and the
board department is ready to make its order
approving the assessment as finally fixed pursuant to the
provisions of Chapter 5 , Part 4, of this division
(commencing with Section 8750) of Part 4, the
board department may at the time of
making the order finally approving the assessment, also determine,
and make a part of the order, that in its judgment it is for the best
interests of the owners of land in the drainage district affected by
the assessment to issue bonds for the purpose of obtaining money to
pay the cost of the works or other expenses for which the assessment
was levied.
SEC. 1339. Section 9260 is added to the
Water Code , to read:
9260. The department succeeds to, and is vested with, all the
duties, powers, purposes, responsibilities, and jurisdictions of the
Central Valley Flood Protection Board as provided in Part 4
(commencing with Section 8520).
SEC. 1340. Section 10005.1 of the Water
Code is amended to read:
10005.1. The department or, at the department's request,
the California Water Commission, shall conduct a series of
hearings with interested persons, organizations, local, state, and
federal agencies, and representatives of the diverse geographical
areas and interests of the state.
SEC. 1341. Section 12232 of the Water
Code is amended to read:
12232. The State Water Resources Control Board, the State
Department of Water Resources, the California Water
Commission, and any other agency of the state having
jurisdiction, shall do nothing, in connection with their
responsibilities, to cause further significant degradation of the
quality of water in that portion of the San Joaquin River between the
points specified in Section 12230.
SEC. 1342. Section 12310 of the Water
Code is amended to read:
12310. As used in this chapter, the following terms have the
following meanings:
(a) "Local public agency" means a reclamation district or levee
district or other public agency responsible for the maintenance of a
nonproject levee as defined in subdivision (e)
(d) of Section 12980 or a project levee as defined in
subdivision (f) (e) of Section 12980.
(b) "Project" means the flood control improvement and any
mitigation and habitat improvement constructed, or interests in land
acquired, for those purposes pursuant to this part.
(c) "Department" means the Department of Water Resources.
(d) "Delta" means the Sacramento-San Joaquin Delta as described in
Section 12220.
(e) "Net long-term habitat improvement" means enhancement of
riparian, fisheries, and wildlife habitat.
(f) "CALFED Bay Delta Program" or "CALFED program" means the
program established in May 1995 as a joint effort among state and
federal agencies with management and regulatory responsibilities in
the San Francisco Bay and Sacramento-San Joaquin River Delta to
develop long-term solutions to resource management problems involving
the bay-delta.
SEC. 1343. Section 12313 of the Water
Code is amended to read:
12313. (a) The department shall develop a list of areas where
flood control work is needed to protect public facilities or provide
public benefits. In developing the list, the department shall consult
with all appropriate federal, state, and local agencies. The list
shall establish a priority for the areas based upon both of the
following:
(1) The importance or degree of public benefit needing protection.
(2) The need for flood protective work.
(b) The list shall be submitted to the California Water
Commission for approval, and shall be updated by the
department , with the approval of the California Water
Commission, as the department may deem appropriate.
SEC. 1344. The heading of Part 5 (commencing with
Section 12500) of Division 6 of the Water Code
is amended to read:
PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA
SEC. 1345. Section 12501 of the Water
Code is repealed.
12501. "Board" means the Colorado River Board of California.
SEC. 1346. Section 12502 of the Water
Code is repealed.
12502. "Commissioner" means the Colorado River Commissioner.
SEC. 1347. Chapter 2 (commencing with Section
12510) of Part 5 of Division 6 of the Water Code
is repealed.
SEC. 1348. Chapter 2 (commencing with Section
12510) is added to Part 5 of Division 6 of the Water Code
, to read:
CHAPTER 2. THE DEPARTMENT
12510. The department succeeds to, and is vested with, all the
duties, powers, purposes, responsibilities, and jurisdictions of the
Colorado River Board of California, which is hereby abolished.
12511. All officers and employees of the Colorado River Board of
California who are serving in the state civil service, other than as
temporary employees, shall be transferred to the department. The
status, positions, and rights of those persons shall not be affected
by the transfer and shall be retained by those persons as officers
and employees of the department, pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2
of the Government Code), except as to positions exempt from the civil
service.
12512. The department shall have the possession and control of
all records, papers, offices, equipment, supplies, moneys, funds,
appropriations, licenses, permits, agreements, contracts, claims,
judgments, land, and other property, real or personal, connected with
the administration of, or held for, the benefit or use of the
Colorado River Board of California.
12513. (a) Any regulation or other action, adopted, prescribed,
taken, or performed by an agency or officer in the administration of
a program or the performance of a duty, responsibility, or
authorization transferred by the act adding this section shall remain
in effect and shall be deemed to be a regulation or action of the
agency or officer to whom the program, duty, responsibility, or
authorization is transferred.
(b) No suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty,
responsibility, or authorization transferred by the act adding this
section, shall abate by reason of the transfer of the program, duty,
responsibility, or authorization under the act adding this section.
(c) No contract, lease, license, bond, or any other agreement to
which the Colorado River Board of California is a party shall be void
or voidable by reason of this act, but shall continue in full force
and effect, with the department assuming all of the rights,
obligations, liabilities, and duties of the Colorado River Board of
California. That assumption by the department shall not in any way
affect the rights of the parties to the contract, lease, license, or
agreement.
(d) The unexpended balance of all funds available for use by the
Colorado River Board of California in carrying out any functions
transferred to the department shall be available for use by the
department.
12514. All of the records or copies of those records relating to
this part shall be maintained by the department.
12515. The department shall adopt rules or procedures that are
required for the orderly disposition of its business and regulations
that are necessary to carry out this part.
12516. The department may make reports and recommendations to the
Governor with regard to the actions undertaken pursuant to this
part.
12517. The department shall exercise on behalf of the state every
right and power granted to the state or to any representative of it
by Section 16 of the act of Congress designated the "Boulder Canyon
Project Act."
12518. The department shall investigate past, present, and
potential uses of the water of the Colorado River System within and
without the state.
12519. The department shall investigate, coordinate, collate, and
preserve information, facts, and data bearing upon the claims of all
states and of all public or private agencies within and outside the
state to, and in respect of, the water and the use of water of the
Colorado River System.
12520. The department shall confer with representatives of other
states in the Colorado River basin, representatives of the United
States, and others concerning problems and measures relating to the
development of the Colorado River basin, the use of the water of the
Colorado River System, and the protection of the interests therein of
the state and of the United States, and shall negotiate respecting
such problems and measures and discuss the same and formulate and
recommend to the Governor and the Legislature measures, agreements,
and legislation deemed for the benefit of the state and the United
States.
12521. The department shall perform all other actions deemed
necessary or expedient to carry out the purposes of this part.
SEC. 1349. Chapter 3 (commencing with Section
12525) of Par t 5 of Division 6 of the Water
Code is repealed.
SEC. 1350. Chapter 4 (commencing with Section
12540) of Part 5 of Division 6 of the Water Code
is repealed.
SEC. 1351. The heading of Chapter 5 (commencing
with Section 12550) of Part 5 of Division 6 of the Water
Code is amended and renumbered to read:
CHAPTER 5. 5.3. THE COLORADO
RIVER FUND
SEC. 1352. Section 12551 of the Water
Code is amended to read:
12551. The board department may
accept any and all contributions to the fund.
SEC. 1353. Section 12552 of the Water
Code is amended to read:
12552. All contributions accepted by the board
department shall be deposited by it in the State Treasury
to the credit of the fund.
SEC. 1354. The heading of Chapter 6 (commencing
with Section 12553) of Part 5 of Division 6 of the Water
Code is amended and renumbered to read:
CHAPTER 6. 6.4. WARRANTS
SEC. 1355. Section 12553 of the Water
Code is amended to read:
12553. The State Controller shall draw
warrants upon the fund from time to time upon demand of the
commissioner department , and the State
Treasurer shall pay the warrants.
SEC. 1356. The heading of Chapter 7 (commencing
with Section 12560) of Part 5 of Division 6 of the Water
Code is amended and renumbered to read:
CHAPTER 7. 7.5. COLORADO RIVER
MANAGEMENT PROGRAM
SEC. 1357. Section 12571.5 is added to the
Water Code , to read:
12571.5. "Board" or "Reclamation Board" shall be deemed to be a
reference to the department, unless the context indicates otherwise.
SEC. 1358. Section 12578.5 is added to the
Water Code , to read:
12578.5. The department succeeds to, and is vested with, all the
duties, powers, purposes, responsibilities, and jurisdiction of the
Reclamation Board, as provided in Part 4 (commencing with Section
8520) of Division 5.
SEC. 1359. Section 12602 of the Water
Code is amended to read:
12602. The department, or a representative authorized by the
department to do so, may call, conduct or attend conferences or
hearings, official or unofficial, within or without this state, or
otherwise participate in such conferences or hearings, with
interested persons, agencies or officers, of this or any other state,
or with the Congress of the United States, congressional committees,
or officials of the federal government, concerning water projects,
plans, or problems. However, where the appropriations committees of
the Congress are hearing requests for appropriations for flood
control projects being planned or constructed in California under the
jurisdiction of the United States Army Corps of Engineers, or
reclamation projects being planned or constructed in California by
the Bureau of Reclamation, the United States Department of
the Interior , the California Water Commission
and the department shall present its views. Prior to
making such presentation, the commission
department shall consult with interested local, state, and
federal agencies, and may on request report to the committees the
views of any county, city, state agency, or public district regarding
such appropriations. The commission
department may, on request, represent any local agencies before
such committees. Nothing in this section or in Section 12604.3 shall
be deemed or construed to modify, limit, or take away from any of
the powers and duties vested in the department, or any other state
agency, pursuant to this article.
SEC. 1360. Section 12604.3 of the Water
Code is amended to read:
12604.3. In matters concerning the coordination of planning,
construction, and operation of federal water development and flood
control projects in the State of California with state and local
projects, the California Water Commission shall advise the
department , and shall advise
the Governor, and to this end may confer with the appropriate
executive agencies of the United States.
SEC. 1361. Section 12634.3 of the Water
Code is amended to read:
12634.3. The department shall submit
prepare , prior to January 1st of each year, a report
to the California Water Commission summarizing its
activities, with emphasis on existing and prospective planning
projects, the need for such projects, and the estimated costs
thereof. The commission department may
conduct public hearings on such those
reports and may make recommendations thereon to the
department and the Legislature.
SEC. 1362. Section 12879.5 of the Water
Code is amended to read:
12879.5. (a) The sum of twenty million dollars ($20,000,000) of
the money in the fund shall be deposited in the Local Water Projects
Assistance Account and shall be available for loans to local agencies
to aid in the construction of eligible projects.
(b) No eligible project may receive more than five million dollars
($5,000,000) in loans from the department.
(c) In the administration of this section, the department
and the California Water Commission shall give preference
to projects involving the development of new basic water supplies
which may include the enlargement of existing dams and reservoirs,
and for projects that will remedy existing water supply problems. The
department and the California Water Commission
shall set priority for loans pursuant to this section on the basis of
the cost-effectiveness of the proposed project, with the most
cost-effective projects receiving highest priority.
(d) If the water supply function of a dam and reservoir facility
is operationally limited or eliminated for dam safety purposes,
pursuant to Part 1 (commencing with Section 6000) of Division 3, the
department and the California Water Commission may
give consideration to projects which would rehabilitate the dam and
reservoir for water supply purposes. The rehabilitation of facilities
may include comparable replacement facilities.
(e) The department shall not make loans pursuant to this section
for otherwise eligible projects whose benefits are more than 50
percent derived from hydroelectric generation, as determined by the
department.
(f) The department may make loans to local agencies, at the
interest rates authorized pursuant to this chapter and pursuant to
any terms and conditions as may be determined necessary by the
department, for the purposes of financing feasibility studies of
projects potentially eligible for funding pursuant to this section.
No single potential project shall be eligible to receive more than
five hundred thousand dollars ($500,000), and not more than 10
percent of the total amount of bonds authorized to be expended for
purposes of this section may be expended for those purposes.
SEC. 1363. Section 12879.9 of the Water
Code is amended to read:
12879.9. (a) Solely for the purpose of authorizing the issuance
and sale, pursuant to the State General Obligation Bond Law, of the
bonds authorized by this chapter, the Water Conservation Finance
Committee is hereby created. For purposes of this chapter, the Water
Conservation Finance Committee is "the committee" as that term is
used in the State General Obligation Bond Law. The committee consists
of the Governor, the Controller, the Treasurer, the Director of
Finance, and the Director of Water Resources, and
the Chairperson of the California Water Commission, or
their designated representatives. A majority of the committee may act
for the committee.
(b) For purposes of the State General Obligation Bond Law, the
Department of Water Resources is designated the "board."
SEC. 1364. Section 12886.4 of the Water
Code is amended to read:
12886.4. The department is authorized, following receipt of an
application for state participation from a public agency, to
participate under this article on behalf of the state in any project
that is larger than the one which that
the public agency proposes to construct and that is primarily for
domestic, municipal, agricultural, industrial, recreational or fish
and wildlife enhancement purposes and in so participating shall
finance those costs of such the project
that are allocated to the state, on terms agreed upon with the
public agency , subject to the prior approval of the
California Water Commission, and to expend for
participation in the planning, designing, and construction of any one
project an amount not exceeding one million dollars ($1,000,000)
from moneys available for such participation, including but not
limited to, the moneys appropriated by the California
Water Resources Development Bond Act
(Chapter 8 (commencing with Section 12930) of Part 6 of Division 6
of this code ) for provision for water development
facilities for local areas as provided in this Chapter 5
chapter . Expenditures by the department in
excess of one million dollars ($1,000,000) for the planning,
designing, and construction of any one project may be made only upon
specific authorization of the Legislature.
SEC. 1365. Section 12891.4 of the Water
Code is amended to read:
12891.4. All loans or grants made pursuant to this chapter shall
be subject to the provisions of this chapter and subject to
the approval of the California Water Commission .
SEC. 1366. Section 12892 of the Water
Code is repealed.
12892. No member of the California Water Commission shall
participate in the action of the commission in considering for
approval, or approving, a loan or grant under this chapter to a
public agency of which he is an officer, employee, agent, consultant,
accountant, engineer, or legal counsel or in which he owns real
property.
SEC. 1367. Section 12928.2 of the Water
Code is repealed.
12928.2. A contract for a loan pursuant to Section 12928 shall
require the prior approval of the California Water Commission.
SEC. 1368. Section 12980 of the Water
Code is amended to read:
12980. As used in this part:
(a) "Board" means the Reclamation Board.
(b)
(a) "Delta" means the Sacramento-San Joaquin Delta as
described in Section 12220.
(c)
(b) "Local agency" means any city, county,
district, or other political subdivision of the state which is
authorized to maintain levees.
(d)
(c) "Net long-term habitat improvement"
means enhancement of riparian, fisheries, and wildlife habitat.
(e)
(d) "Nonproject levee" means a local flood
control levee in the delta that is not a project facility under the
State Water Resources Law of 1945, as shown on page 38 of the
Department of Water Resources "Sacramento-San Joaquin Delta Atlas,"
dated 1993.
(f)
(e) "Project levee" means a federal flood
control levee, as shown on page 40 of the Department of Water
Resources "Sacramento-San Joaquin Delta Atlas," dated 1993, that is a
project facility under the State Water Resources Law of 1945
(Chapter 1 (commencing with Section 12570) and Chapter 2 (commencing
with Section 12639) of Part 6), if not less than a majority of the
acreage within the jurisdiction of the local agency that maintains
the levee is within the primary zone of the delta, as defined in
Section 29728 of the Public Resources Code.
SEC. 1369. Section 12984 of the Water
Code is amended to read:
12984. The department shall develop and submit to the
board, for adoption by the board, and adopt
criteria for the maintenance and improvement of nonproject levees.
The criteria shall vary as required to meet specific conditions and
shall be multipurpose in nature, and include environmental
considerations, when feasible. The criteria shall embody and
implement both of the following:
(a) The short-term mitigation plan set forth in the "Flood Hazard
Mitigation Plan for the Sacramento-San Joaquin Delta," prepared by
the department for the Office of Emergency Services, dated September
15, 1983, or as amended.
(b) The "Vegetation Management Guidelines for Local Nonproject
Delta Levees" dated April 1994, or any successor guidelines.
SEC . 1370. Section 12985 of the
Water Code is amended to read:
12985. Prior to adoption of any such the
criteria, the board department
shall hold public hearings and may revise the criteria as
that it determines are necessary.
SEC. 1371. Section 12986 of the Water
Code , as amended by Section 4 of Chapter 548 of the
Statutes of 2006, is amended to read:
12986. (a) It is the intention of the Legislature to reimburse an
eligible local agency pursuant to this part for costs incurred in
any year for the maintenance or improvement of project or nonproject
levees as follows:
(1) No costs incurred shall be reimbursed if the entire cost
incurred per mile of project or nonproject levee is one thousand
dollars ($1,000) or less.
(2) Not more than 75 percent of any costs incurred in excess of
one thousand dollars ($1,000) per mile of project or nonproject levee
shall be reimbursed.
(3) (A) As part of the project plans approved by the
board department , the department shall require
the local agency or an independent financial consultant to provide
information regarding the agency's ability to pay for the cost of
levee maintenance or improvement. Based on that information, the
department may require the local agency or an independent financial
consultant to prepare a comprehensive study on the agency's ability
to pay.
(B) The information or comprehensive study of the agency's ability
to pay shall be the basis for determining the maximum allowable
reimbursement eligible under this part. Nothing in this paragraph
shall be interpreted to increase the maximum reimbursement allowed
under paragraph (2).
(4) Reimbursements made to the local agency in excess of the
maximum allowable reimbursement shall be returned to the department.
(5) The department may recover, retroactively, excess
reimbursements paid to the local agency from any time after January
1, 1997, based on an updated study of the agency's ability to pay.
(6) All final costs allocated or reimbursed under a plan shall be
approved by the reclamation board department
for project and nonproject levee work.
(7) Costs incurred pursuant to this part that are eligible for
reimbursement include construction costs and associated engineering
services, financial or economic analyses, environmental costs,
mitigation costs, and habitat improvement costs.
(b) Upon completion of its evaluation pursuant to Sections 139.2
and 139.4, by January 1, 2008, the department shall recommend to the
Legislature and the Governor priorities for funding under this
section.
(c) This section shall become inoperative on July 1, 2010, and, as
of January 1, 2011, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2011, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 1372. Section 12987 of the Water
Code is amended to read:
12987. (a) Local agencies maintaining project or nonproject
levees shall be eligible for reimbursement pursuant to this part upon
submission to and approval by the board
department of plans for the maintenance and improvement of the
project or nonproject levees, including plans for the annual routine
maintenance of the levees, in accordance with the criteria adopted by
the board department .
(b) The nonproject plans shall also be compatible with the plan
for improvement of the delta levees as set forth in Bulletin No.
192-82 of the department, dated December 1982, and as approved in
Section 12225. Both project and nonproject plans shall include
provisions to acquire easements along levees that allow for the
control and reversal of subsidence in areas where the department
determines that such an easement is desirable to maintain structural
stability of the levee. The easement shall (1) restrict the use of
the land to open-space uses, nontillable crops, the propagation of
wildlife habitat, and other compatible uses, (2) provide full access
to the local agency for levee maintenance and improvement purposes,
and (3) allow the owner to retain reasonable rights of ingress and
egress as well as reasonable rights of access to the waterways for
water supply and drainage. The local agency cost of acquisition of
the easements shall be reimbursable by the department from moneys
appropriated pursuant to paragraph (1) of subdivision (b) of Section
12300, or any other sources appropriated by the Legislature for
purposes of this part.
(c) The plans shall also include provision for protection of the
fish and wildlife habitat determined to be necessary by the
Department of Fish and Game and not injurious to the integrity of the
levee. The Department of Fish and Game shall consider the value of
the riparian and fisheries habitat and the need to provide safe
levees in preparing its requirements. The Department of Fish and Game
shall not approve any plan which calls for the use of channel
islands or berms with significant riparian communities as borrow
sites for levee repair material, unless fully mitigated, or any plans
which will result in a net long-term loss of riparian, fisheries, or
wildlife habitat.
(d) After the memorandum of understanding required pursuant to
Section 12307 is amended as required by Section 78543, the Department
of Fish and Game shall also make a written determination as part of
its review and approval of a plan or project pursuant to Section
12314 and this section that the proposed expenditures are consistent
with a net long-term habitat improvement program and have a net
benefit for aquatic species in the delta. The memorandum of
understanding in effect prior to the amendments required by Section
78543 shall remain in effect with regard to levee projects and plans
until the memorandum of understanding is amended.
(e) The plans shall also take into account the most recently
updated Delta Master Recreation Plan prepared by the Resources
Agency.
(f) Upon approval of the plans by the board
departmen t , the local agencies shall enter
into an agreement with the board department
to perform the maintenance and improvement work, including the
annual routine maintenance work, specified in the plans. If
applications for state funding in any year exceed the state funds
available, the board department shall
apportion the funds among those levees or levee segments that are
identified by the department as most critical and beneficial,
considering the needs of flood control, water quality, recreation,
navigation, habitat improvements, and fish and wildlife.
SEC. 1373. Section 12987.5 of the Water
Code is amended to read:
12987.5. (a) In an agreement entered into under Section 12987,
the board department may provide for an
advance to the applicant in an amount not to exceed 75 percent of
the estimated state share. The agreement shall provide that no
advance shall be made until the applicant has incurred costs
averaging one thousand dollars ($1,000) per mile of levee.
(b) Advances made under subdivision (a) shall be subtracted from
amounts to be reimbursed after the work has been performed. If the
department finds that work has not been satisfactorily performed or
where advances made actually exceed reimbursable costs, the local
agency shall promptly remit to the state all amounts advanced in
excess of reimbursable costs. If advances are sought, the
board department may require a bond to be posted
to ensure the faithful performance of the work set forth in the
agreement.
(c) This section shall become inoperative on July 1, 2010, and, as
of January 1, 2011, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2011, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 1374. Section 12988 of the Water
Code is amended to read:
12988. Upon the completion in any year of the maintenance or
improvement work, including annual routine maintenance work, as
specified in the plans approved by the board
department , the local agency shall notify the department, and
the department shall inspect the completed work. The department, upon
completion of such the inspection,
shall submit to the board prepare a
report as to its findings. Upon a finding that the work has been
satisfactorily completed in accordance with the approved plans, the
board department shall certify for
reimbursement 75 percent of any costs incurred per mile of levee if
the entire cost incurred per mile of levee is greater than one
thousand dollars ($1,000).
SEC. 1375. Section 12990 of the Water
Code is amended to read:
12990. Whenever the department finds that the annual routine
maintenance work specified in the plans approved by the
board department is not being performed in
accordance with the agreement entered into between the local agency
and the board department , the
department may establish a maintenance area in accordance with
the provisions of Chapter 4.5 (commencing with
Section 12878) of Part 6 of this division , as
nearly as the same may be applicable, except that the work to be
performed shall be the routine annual maintenance work for the
nonproject levee as specified in the plans approved by the
board department . Upon the formation of a
maintenance area, the department shall thereafter annually maintain
the nonproject levee in accordance with such plans and subject to
the provisions of Chapter 4.5 (commencing with
Section 12878) of Part 6 of this division , as
nearly as the same may be applicable.
SEC. 1376. Section 12991 of the Water
Code is amended to read:
12991. The board is authorized to make, from time to
time, such department may adopt rules and
regulations as that may be necessary to
carry out, and as that are consistent
with, this part.
SEC. 1377. Section 12992 of the Water
Code is amended to read:
12992. Before any plan is approved, agreement entered into, or
moneys advanced or reimbursed under this part, the local agency shall
first enter into an agreement with the board
department indemnifying and holding and saving the State of
California, the board, the department, any other
agency or department of the state, and their employees free from any
and all liability for damages, except that caused by gross
negligence, that may arise out of the approvals, agreements,
inspections, or work performed under this part.
Any funds appropriated for any of the purposes of this part may be
used to satisfy any judgment against the state covered by this
section, pending indemnification by the local agency.
SEC. 1378. Section 12994 of the Water
Code is amended to read:
12994. (a) The Legislature finds and declares all of the
following:
(1) The CALFED Bay-Delta Program has identified as a core action
the need for emergency levee management planning for delta levees to
improve system reliability.
(2) Even with active levee maintenance, the threat of delta levee
failures from earthquake, flood, or poor levee foundation, will
continue to exist.
(3) Because of this threat of failure, and the potential need to
mobilize people and equipment in an emergency to protect delta levees
and public benefits, the department needs authority that will enable
it to act quickly.
(b) The department may do all of the following:
(1) In an emergency, as defined by Section 21060.3 of the Public
Resources Code, that requires immediate levee work to protect public
benefits in the delta, the department may use funds pursuant to this
part without prior approval of a plan by the board or the
Department of Fish and Game, in which case the requirements
of Sections 12314 and 12987, and the memorandum of understanding
pursuant to Section 12307, shall be carried out as soon as possible.
(A) The amount of funds that may be expended each year on
emergency levee work under this section shall not be greater than two
hundred thousand dollars ($200,000) and the amount that may be
expended per emergency levee site shall not be greater than fifty
thousand dollars ($50,000). The local agency shall fund 25 percent of
the total costs of the emergency repair at a site or shall fund an
appropriate share of the costs as approved by the board
department and based upon information of the
local agency's ability to pay for the repairs.
(B) Department contracts executed for emergency levee work under
this section shall be exempted from Department of General Services
approval required under the Public Contract Code.
(C) As soon as feasible after the emergency repair, the department
shall submit prepare a report
to the board describing the levee work, costs incurred,
and plans for future work at the site, including any necessary
mitigation.
(D) This section is intended to supplement emergency services
provided by the state or the United States. Nothing in this section
overrides or supersedes the authority of the Director of the Office
of Emergency Services under the California Emergency Services Act
(Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of
the Government Code) or the Disaster Assistance Act (Chapter 7.5
(commencing with Section 8680) of Division 1 of Title 2 of the
Government Code).
(2) Prepare and submit to the board for adoption
adopt a delta emergency response plan for levee
failures. The plan is exempt from Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code. The plan may include recommendations of the multiagency
response team established pursuant to paragraph (3) and may include,
but not be limited to, the following:
(A) Standardized contracts for emergency levee work to be executed
by the department, local agencies, or other appropriate entities.
(B) Criteria for eligible emergency levee work.
(C) Definition of an emergency levee site.
(D) Documentation requirements.
(E) Proposals for complying with the federal Endangered Species
Act of 1973 (16 U.S.C. Sec. 1531 et seq.) and the California
Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of
Division 3 of the Fish and Game Code) in an emergency.
(F) Stages of emergency response that may occur in various
situations.
(3) Establish a multiagency emergency response team, consisting of
representatives from the department, the board,
the Department of Fish and Game, the California Conservation Corps,
the Office of Emergency Services, the Federal Emergency Management
Agency, the United States Army Corps of Engineers, and the United
States Fish and Wildlife Service to advise on methods to ensure that
levee emergencies will be resolved as quickly and safely as possible.
SEC. 1379. Section 12995 of the Water
Code is amended t o read:
12995. (a) The Legislature hereby finds and declares both of the
following:
(1) There is an urgent need for rehabilitation and improvement of
delta levees, and that the United States Army Corps of Engineers has
a crucial and continuing role in that work.
(2) The department and the board have has
been cooperating with the United States Army Corps of Engineers
in a feasibility study for rehabilitation and improvement of the
levees in the delta. That feasibility study identified a federal
interest in levee rehabilitation and improvements due to benefits to
navigation, commerce, the environment, and flood damage reduction.
(b) The department and the board may cooperate
with the United States Army Corps of Engineers to develop and
implement delta levee rehabilitation, improvement, and realignment,
and to enhance the environment.
SEC. 1380. Section 13578 of the Water
Code is amended to read:
13578. (a) In order to achieve the statewide goal for recycled
water use established in Section 13577 and to implement the Governor'
s Advisory Drought Planning Panel Critical Water Shortage Contingency
Plan recommendations, Section F2, as submitted December 29, 2000,
the department shall identify and report to the Legislature on
opportunities for increasing the use of recycled water, as defined in
paragraph (3) of subdivision (b) of Section 13575, and identify
constraints and impediments, including the level of state financial
assistance available for project construction, to increasing the use
of recycled water.
(b) The department shall convene a task force, to be known as the
2002 Recycled Water Task Force, to advise the department in
implementation of subdivision (a), including making recommendations
to the Legislature regarding the following:
(1) How to further the use of recycled water in industrial and
commercial applications, including, but not limited to, those
applications set forth in Section 13552.8. The task force shall
evaluate the current regulatory framework of state and local rules,
regulations, ordinances, and permits to identify the obstacles and
disincentives to industrial and commercial reuse. Issues to be
investigated include, but are not limited to, applicability of visual
inspections instead of pressure tests for cross-connections between
potable and nonpotable water systems, dual piping trenching
restrictions, fire suppression system design, and backflow
protections.
(2) Changes in the Uniform Plumbing Code, published by the
International Association of Plumbing and Mechanical Officials, that
are appropriate to facilitate the use of recycled water in industrial
and commercial settings. The department shall make recommendations
to the California Building Standards Commission
Department of General Services with regard to suggested
revisions to the California Plumbing Code necessary to incorporate
the changes identified by the task force.
(3) Changes in state statutes or the current regulatory framework
of state and local rules, regulations, ordinances, and permits
appropriate to increase the use of recycled water for commercial
laundries and toilet and urinal flushing in structures including, but
not limited to, those defined in subdivision (c) of Section 13553.
The department shall identify financial incentives to help offset the
cost of retrofitting privately and publicly owned structures.
(4) The need to reconvene the California Potable Reuse Committee
established by the department in 1993 or convene a successor
committee to update the committee's finding that planned indirect
potable reuse of recycled water by augmentation of surface water
supplies would not adversely affect drinking water quality if certain
conditions were met.
(5) The need to augment state water supplies using water use
efficiency strategies identified in the CALFED Bay-Delta Program. In
its report pursuant to subdivision (a), the department shall identify
ways to coordinate with CALFED to assist local communities in
educating the public with regard to the statewide water supply
benefits of local recycling projects and the level of public health
protection ensured by compliance with the uniform statewide water
recycling criteria developed by the State Department of
Health Services Public Health in accordance with
Section 13521.
(6) Impediments or constraints, other than water rights, related
to increasing the use of recycled water in applications for
agricultural, environmental, or irrigation uses, as determined by the
department.
(c) (1) The task force shall be convened by the department and be
comprised of one representative from each of the following state
agencies:
(A) The department.
(B) The State Department of Health Services
Public Health .
(C) The state board.
(D) The California Environmental Protection Agency.
(E) The CALFED Bay-Delta Program.
(F) The Department of Food and Agriculture.
(G) The Building Standards Commission
Department of General Services .
(H) The University of California.
(I) The Resources Agency.
(2) The task force shall also include one representative from a
recognized environmental advocacy group and one representative from a
consumer advocacy group, as determined by the department, and one
representative of local agency health officers, one representative of
urban water wholesalers, one representative from a groundwater
management entity, one representative of water districts, one
representative from a nonprofit association of public and private
members created to further the use of recycled water, one
representative of commercial real estate, one representative of land
development, one representative of industrial interests, and at least
two representatives from each of the following as defined in Section
13575:
(A) Recycled water producer.
(B) Recycled water wholesaler.
(C) Retail water supplier.
(d) The department and the task force shall report to the
Legislature not later than July 1, 2003.
(e) The department shall carry out the duties of this section only
to the extent that funds pursuant to Section 79145, enacted as part
of the Safe Drinking Water, Clean Water, Watershed Protection, and
Flood Protection Act (Division 26 (commencing with Section 79000)),
are made available for the purposes of this section.
SEC. 1381. Section 50653 of the Water
Code is amended to read:
50653. The board shall receive from the reclamation
board department any money allowed on account of
uncollected assessments previously levied on lands purchased by the
board for rights of way, and shall distribute the money among the
landowners of the district in proportion to their payments on the
last assessment roll or place the money in the county treasury to the
credit of the district.
SEC. 1382. Section 51021 of the Water
Code is amended to read:
51021. Within five days after the copies of the plan and estimate
are filed with the county clerk he , the
county clerk shall certify two of the copies and transmit them
to the Secretary of the Reclamation Board
department .
SEC. 1383. Section 51022 of the Water
Code is amended to read:
51022. Upon receipt of the certified copies of the plan, the
Secretary of the Reclamation Board department
shall immediately set a date when the Reclamation
Board department will hold a hearing for
considering any objections thereto, which hearing shall be held not
less than 20, nor more than 60 , days after the
Secretary of the Reclamation Board received department
receives the certified copies of the plan.
SEC. 1384. Section 51023 of the Water
Code is amended to read:
51023. The Secretary of the Reclamation Board
department shall publish a notice of the hearing once a
week for two weeks in some newspaper of general circulation published
within the district, or, if no newspaper is published within the
district, then in the county seat of the
principal county.
SEC. 1385. Section 51024 of the Water
Code is amended to read:
51024. The notice shall be in substantially the following form:
"Notice to the landowners of reclamation district No. ____. Notice
is hereby given to the landowners of reclamation district No. ____
that there has been filed with the county clerk of the County of ____
and with the Secretary of the Reclamation Board
Department of Water Resources , an original (supplemental
or new, as the case may be) plan for the reclamation of lands of the
district; that the Reclamation Board
Department of Water Resources will hold a meeting at its office
in the City of Sacramento, County of Sacramento, State of
California, on the ____ day of ____, 19__, at ____ o'clock, at which
time any interested party may appear and object to the said
plan."
SEC. 1386. Section 51025 of the Water
Code is amended to read:
51025. At the hearing , the Reclamation Board
department shall hear any evidence offered with
respect to the plan, and thereafter shall approve, modify, amend
, or reject the plan.
SEC. 1387. Section 51026 of the Water
Code is amended to read:
51026. The Reclamation Board department
shall not modify, amend , or reject any plan on the
ground that the plan provides for a levee which in its judgment is of
excessive strength either in height, slopes or crown width, but no
claim for compensation shall thereafter be made against the
Reclamation Board department or the Sacramento
and San Joaquin Drainage District for any part of the levees which
the Reclamation Board department
considers in excess of what is required to comply with its plans for
flood control.
SEC. 1388. Section 51027 of the Water
Code is amended to read:
51027. The Reclamation Board department
may continue the hearing from time to time and may cause
such any investigation and report of
the plan to be made by the engineers connected with the
Reclamation Board department or by such
other competent authority as that
the board department deems
necessary.
SEC. 1389. Section 51028 of the Water
Code is amended to read:
51028. When the Reclamation Board
department has approved, modified, or rejected any reclamation
plan after a hearing as provided in this article, such
the action shall be final, and the sufficiency
of the plan shall not be subject to attack before the
reclamation board department or in any court,
but nothing in this section shall prevent the board
department from filing with the county clerk any
amendatory, additional or supplemental plan of reclamation at any
time.
SEC. 1390. Section 51029 of the Water
Code is amended to read:
51029. When an amendatory, additional , or
supplemental plan is filed with the county clerk, two certified
copies thereof shall be transmitted to the Secretary of the
Reclamation Board department and thereafter the
same proceedings shall be had, and with like effect, with respect to
such the plan as
that are provided for the original plan.
SEC. 1391. Section 51234 of the Water
Code is amended to read:
51234. When any part of the district is located within the
Sacramento and San Joaquin Drainage District, and the
reclamation board department has approved the
reclamation plan, the board department
shall so report to the board of supervisors, stating the estimated
cost of the reclamation works, and petitioning the board of
supervisors to appoint three assessment commissioners.
SEC. 1392. Section 73502 of the Water
Code is amended to read:
73502. (a) The city, on or before February 1, 2003, shall adopt
the program of capital improvement projects designed to restore and
improve the bay area regional water system that are described in the
capital improvement program report prepared by the San Francisco
Public Utilities Commission dated February 25, 2002. A copy of the
program shall be submitted, on or before March 1, 2003, to the State
Department of Health Services Public Health
. The program shall include a schedule for the completion of
design and award of contract, and commencement and completion of
construction of each described project. The schedule shall require
that projects representing 50 percent of the total program cost be
completed on or before 2010 and that projects representing 100
percent of the total program cost be completed on or before 2015. The
program shall also contain a financing plan. The city shall review
and update the program, as necessary, based on changes in the
schedule set forth in the plan adopted pursuant to subdivision (d).
(b) The plan shall require completion of the following projects:
Project
Identification
Number
Project Location
Alameda/Santa
1. Irvington Tunnel 9970
Alternative Clara
Counties
2. Crystal Springs
Pump Station San Mateo 201671
County
& Pipeline
3. BDPL 1 & 2- Alameda/San
Repair of 99
Mateo
Caissons/Pipe Bridge Counties
4. BDPL Pipeline
Upgrades at Alameda 128
County
Hayward Fault
5. Calaveras Fault
Crossing Alameda 9897
County
Upgrade
6. Crystal Springs
Bypass San Mateo 9891
County
Pipeline
7. BDPL Cross Alameda/Santa
Connections 3 & 202339
Clara
4 Counties
Alameda/Santa
8. Conveyance
Capacity West of Clara/San 201441
Mateo
Irvington Tunnel
Counties
9. Calaveras Dam
Seismic Alameda 202135
County
Improvements
(c) The city shall submit a report to the Joint Legislative Audit
Committee, the Seismic Safety Commission
Department of General Services , and the State Department of
Public Health Services , on or before
September 1 of each year, describing the progress made on the
implementation of the capital improvement program for the bay area
regional water system during the previous fiscal year.
(d) (1) The city may determine that completion dates for projects
contained in the capital improvement program adopted pursuant to
subdivision (a), including those projects described in subdivision
(b), should be delayed or that different projects should be
constructed.
(2) The city shall provide written notice, not less than 30 days
prior to the date of a meeting of the city agency responsible for
management of the bay area regional water system, that a change in
the program is to be considered. The notice shall include information
about the reason for the proposed change and the availability of
materials related to the proposed change. All bay area wholesale
customers shall be permitted to testify or otherwise submit comments
at the meeting.
(3) If the city adopts a change in the program that deletes one or
more projects from the program, or postpones the scheduled
completion dates, the city shall promptly furnish a copy of that
change and the reasons for that change to the State Department of
Health Services Public Health and the
Seismic Safety Commission Department of
General Services . The State Department of Health
Services Public Health and the Seismic
Safety Commission Department of General Services
shall each submit written comments with regard to the significance
of that change with respect to public health and safety to the city
and the Joint Legislative Audit Committee not later than 90 days
after the date on which those entities received notice of that
change.
SEC. 1393. Section 73505 of the Water
Code is amended to read:
73505. The State Department of Health Services
Public Health shall conduct an audit, or arrange for an
audit to be performed by contract, of the city's program of
maintenance of the bay area regional water system prior to July 1,
2004. The audit shall include both of the following:
(a) A review of the adequacy of the city's procedures and
resources for all of the following:
(1) Identifying needed maintenance.
(2) Planning, budgeting, scheduling, and completing maintenance.
(3) Recordkeeping of maintenance activities.
(b) A field investigation of the major facilities of the bay area
regional water system to determine the general condition of those
facilities and the adequacy of existing maintenance efforts.
(c) The State Department of Health Services
Public Health shall submit a report to the city, the Joint
Legislative Audit Committee, and the Seismic Safety
Commission Department of General Services
on its findings and recommendations based on the audit on or
before January 1, 2005.
SEC. 1394. Section 73512 of the Water
Code is amended to read:
73512. A regional wholesale water supplier shall reimburse the
state for all costs incurred by the State Department of
Health Services Public Health or the
Seismic Safety Commission Department of General
Services in carrying out the duties imposed by this division.
The bay area wholesale customers shall reimburse the city for their
share of those costs as provided in the master water sales contract.
The wholesale customers of regional wholesale water suppliers other
than the city are responsible for reimbursing the regional wholesale
water supplier for their proportionate share of those costs, through
the imposition of water charges.
SEC. 1395. Section 79068.6 of the Water
Code is amended to read:
79068.6. Seventy million dollars ($70,000,000) in the subaccount,
upon appropriation by the Legislature to the department or
Reclamation Board , shall be used by the department
or Reclamation Board to fund one or more of the
following flood protection projects to be implemented by a local
public entity that has legal authority and jurisdiction to implement
a flood control program along the Yuba and Feather Rivers and their
tributaries:
(a) The construction or improvements of weirs, bypasses, and
channels.
(b) The construction of levees or improving publicly maintained
levees, including, but not limited to, setback levees, training
walls, floodwalls, and streambank protection projects, which provide
flood protection or flood damage reduction.
(c) The modification or reoperation of existing dams and
waterworks, including spillways or other capital outlay facilities,
for the purpose of increased efficiency in managing flood waters.
(d) The installation of tailwater suppression systems, detention
basins, relief wells, test wells, flood warning systems, and
telemetry devices.
(e) The relocation or floodproofing of structures within
floodplains, which meet or exceed a community's floodplain
regulations, pursuant to the National Flood Insurance Program.
(f) Implementation of watershed projects, which provide flood
protection or flood damage reduction.
(g) The construction of, or improvement to, a state or interstate
highway, county road, or a levee road, that is designated a flood
emergency evacuation route, or that provides access to a levee for
emergency vehicles, flood fights, or levee repair and maintenance, or
a project that protects such a road or highway.
(h) The purchase of lands, easements, and rights-of-way.
(i) Capital costs of environmental mitigation.
SEC. 1396. Section 79068.8 of the Water
Code is amended to read:
79068.8. No expenditures of state funds may be made under this
article until the department or the Reclamation Board
determines that all of the following requirements have been
met:
(a) There is a final environmental document prepared pursuant to
the California Environmental Quality Act (commencing with Section
21000 of the Public Resources Code).
(b) The project is in compliance with the California Endangered
Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3
of the Fish and Game Code), as demonstrated by documentation such as
comments received from the Department of Fish and Game, a permit
obtained from the Department of Fish and Game or other appropriate
evidence.
(c) The local project proponent agrees to pay at least that
portion of the nonfederal capital costs of the project required by
Section 12585.5.
(d) The local project proponent agrees to operate and maintain the
completed project.
(e) The local project proponent enters into an agreement
indemnifying and holding the state, its agencies, officers and
employees free and harmless from any and all liability arising out of
the design, construction, operation and maintenance of the project.
(f) The project is recommended for implementation by the
department or the Reclamation Board .
SEC. 1397. Section 79068.10 of the
Water Code is amended to read:
79068.10. All of the following factors shall be considered by the
department and the Reclamation Board for
prioritizing projects:
(a) Potential loss of life from flooding.
(b) Increased flood protection or flood damage reduction for areas
that have the greatest flood risk or have experienced repetitive
flood loss.
(c) The local community is a small community with financial
hardship.
(d) Projects that provide multiple benefits.
(e) Projects that are implemented in accordance with the
Sacramento/San Joaquin River Basins Comprehensive Study.
(f) Projects that are implemented pursuant to the completion of
feasibility studies conducted by the United States Army Corps of
Engineers or local agencies.
(g) Projects along the Yuba and Feather Rivers and their
tributaries.
(h) Projects that address regional flood problems.
(i) Projects along the Colusa Drain and its tributaries.
(j) Minimizing impacts to the environment.
SEC. 1398. Section 79068.20 of the
Water Code is amended to read:
79068.20. The department and the Reclamation Board
may adopt regulations to carry out this article.
SEC. 1399. Section 4341.5 of the
Welfare and Institutions Code is amended to read:
4341.5. In order to ensure an adequate number of qualified
psychiatrists and psychologists with forensic skills, the State
Department of Mental Health shall, to the extent resources are
available, plan with the University of California, private
universities, and the California Postsecondary Education
Commission Office of Higher Education and Financial
Aid , for the development of programs for the training of
psychiatrists and psychologists with forensic skills, and recommend
appropriate incentive measures, such as state scholarships.
SEC. 1400. Section 4421 of the Welfare
and Institutions Code is amended to read:
4421. In order to assure an adequate number of qualified
psychiatrists and psychologists with forensic skills, the State
Department of Developmental Services shall plan with the University
of California, private universities, and the California
Postsecondary Education Commission Office of Higher
Education and Financial Aid , for the development of programs
for the training of psychiatrists and psychologists with forensic
skills.
SEC. 1401. Section 16001.9 of the
Welfare and Institutions Code is amended to read:
16001.9. (a) It is the policy of the state that all children in
foster care shall have the following rights:
(1) To live in a safe, healthy, and comfortable home where he or
she is treated with respect.
(2) To be free from physical, sexual, emotional, or other abuse,
or corporal punishment.
(3) To receive adequate and healthy food, adequate clothing, and,
for youth in group homes, an allowance.
(4) To receive medical, dental, vision, and mental health
services.
(5) To be free of the administration of medication or chemical
substances, unless authorized by a physician.
(6) To contact family members, unless prohibited by court order,
and social workers, attorneys, foster youth advocates and supporters,
Court Appointed Special Advocates (CASA), and probation officers.
(7) To visit and contact brothers and sisters, unless prohibited
by court order.
(8) To contact the Community Care Licensing Division of the State
Department of Social Services or the State Foster Care Ombudsperson
regarding violations of rights, to speak to representatives of these
offices confidentially, and to be free from threats or punishment for
making complaints.
(9) To make and receive confidential telephone calls and send and
receive unopened mail, unless prohibited by court order.
(10) To attend religious services and activities of his or her
choice.
(11) To maintain an emancipation bank account and manage personal
income, consistent with the child's age and developmental level,
unless prohibited by the case plan.
(12) To not be locked in any room, building, or facility premises,
unless placed in a community treatment facility.
(13) To attend school and participate in extracurricular,
cultural, and personal enrichment activities, consistent with the
child's age and developmental level.
(14) To work and develop job skills at an age-appropriate level,
consistent with state law.
(15) To have social contacts with people outside of the foster
care system, such as teachers, church members, mentors, and friends.
(16) To attend Independent Living Program classes and activities
if he or she meets age requirements.
(17) To attend court hearings and speak to the judge.
(18) To have storage space for private use.
(19) To be involved in the development of his or her own case plan
and plan for permanent placement.
(20) To review his or her own case plan and plan for permanent
placement if he or she is 12 years of age or older and in a permanent
placement, and to receive information about his or her out-of-home
placement and case plan, including being told of changes to the plan.
(21) To be free from unreasonable searches of personal belongings.
(22) To confidentiality of all juvenile court records consistent
with existing law.
(23) To have fair and equal access to all available services,
placement, care, treatment, and benefits, and to not be subjected to
discrimination or harassment on the basis of actual or perceived
race, ethnic group identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental or
physical disability, or HIV status.
(24) At 16 years of age or older, to have access to existing
information regarding the educational options available, including,
but not limited to, the coursework necessary for vocational and
postsecondary educational programs, and information regarding
financial aid for postsecondary education.
(b) Nothing in this section shall be interpreted to require a
foster care provider to take any action that would impair the health
and safety of children in out-of-home placement.
(c) The State Department of Social Services and each county
welfare department are encouraged to work with the Student
Aid Commission Office of Higher Education and
Financial Aid , the University of California, the California
State University, and the California Community Colleges to receive
information pursuant to paragraph (23) of subdivision (a).
SECTION 1. It is the intent of the Legislature
to effect the changes proposed by the California Performance Review
to eliminate and consolidate various state boards and commissions.