BILL NUMBER: SB 86 CHAPTERED
BILL TEXT
CHAPTER 179
FILED WITH SECRETARY OF STATE AUGUST 24, 2007
APPROVED BY GOVERNOR AUGUST 24, 2007
PASSED THE ASSEMBLY JULY 20, 2007
PASSED THE SENATE AUGUST 21, 2007
AMENDED IN ASSEMBLY JULY 19, 2007
AMENDED IN ASSEMBLY JULY 16, 2007
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 17, 2007
An act to amend Sections 1501.5, 1531, 1532, 1563, and 1565 of,
and to add Section 1531.5 to, the Code of Civil Procedure, to amend
Section 298 of the Family Code, to repeal Sections 12795.5 and
12795.6 of the Food and Agricultural Code, to amend Sections 12439,
17555, 17557, 17560, 17561, 17561.5, 17562, 17567, 17568, 17612,
19822.3, and 22910 of, to add Sections 13310, 15814.45, and 22910.5
to, and to repeal Section 17570 of, the Government Code, to amend
Section 25297.3 of, and to add Sections 53545.12, 53545.13, and
53545.14 to, the Health and Safety Code, to amend Sections 7314,
7350, 7352, 7904, and 7929 of, and to amend and repeal Section 7929.5
of, the Labor Code, and to amend Section 13823.17 of the Penal Code,
relating to state government, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 86, Committee on Budget and Fiscal Review. State government.
(1) Existing law, the Unclaimed Property Law, governs the
disposition of unclaimed property, including the escheat of certain
property to the state. Those provisions require a person holding
funds or other property escheated to the state to report to the
Controller certain information regarding the property and the owner,
and set forth procedures whereby a person may file a claim to the
property or to the net proceeds from its sale. Those provisions also
specify the procedures for transferring the property from the holder
of the property to the state and for administering the property.
This bill would modify the procedures governing the disposition of
unclaimed property. The bill would provide that, within 165 days
after the final date for filing the report described above, the
Controller shall mail a notice, as specified, to each person having
an address listed in the report who appears to be entitled to
property of the value of $50 or more escheated under these
provisions. It would require the Controller to establish and conduct
a notification program designed to inform owners about the possible
existence of unclaimed property received pursuant to these
provisions. The bill would make specified changes regarding the
duties of a holder of property that has escheated and the duties of
the Controller after receiving the property, including a requirement
that the Controller retain the property for 18 months from specified
dates. The bill would make other related changes.
(2) Existing law establishes the Agricultural Pest Control
Research Account in the Department of Food and Agriculture Fund.
This bill would abolish that account as of June 30, 2007, or upon
enactment of the bill, whichever is later, and would transfer any
remaining funds and encumbrances to the Transportation Planning and
Development Account in the State Transportation Fund.
(3) Existing law requires that any state position that is vacant
for 6 consecutive monthly pay periods be abolished by the Controller
on the following July 1, subject to specified conditions.
This bill would, from July 1, 2007, to June 30, 2010, inclusive,
and notwithstanding the above provisions, require any state position
that is vacant for 12 consecutive monthly pay periods to be abolished
by the Controller on the following July 1, subject to these
specified conditions.
(4) Existing law vests the Department of Finance with general
powers of supervision over all matters concerning the financial and
business policies of the state.
This bill would state the intent of the Legislature that the
department set statewide fiscal and accounting policies and
procedures and provide any state agency that handles public moneys or
its equivalent with training, advice, and consulting services. The
bill would also authorize the Director of Finance, to the extent
authorized under the annual Budget Act, to assess specified funds to
support the department's training, advice, and consulting services to
state agencies.
(5) Existing law requires that new public buildings be models of
energy efficiency and be designed, constructed, and equipped with
energy efficiency measures, materials, and devices, subject to
specified criteria, and that existing buildings be retrofitted to
meet specified standards when renovated or remodeled. In addition,
certain executive orders require state agencies to implement certain
energy and resource efficiency standards in this regard.
This bill would require any building the state intends to occupy,
for which construction commences on and after January 1, 2009, and
any renovation to a building the state intends to occupy that
commences on or after that date, to be designed, constructed, and
operated, to meet, at a minimum, the applicable standards described
in the United States Green Building Council's Leadership in Energy
and Environmental Design silver rating.
The bill would also require any building lease, for which the
state is the sole tenant, entered into on or after January 1, 2009,
that requires major renovation or the construction of a new building
on or after that date, to be designed, constructed, and operated, to
meet, at a minimum, the standards described in the United States
Green Building Council's Leadership in Energy and Environmental
Design silver rating.
(6) Existing law establishes a procedure for local governmental
agencies to file claims for reimbursement of specified costs
associated with state-mandated local programs with the Commission on
State Mandates, and sets forth the procedure for a determination by
the commission for eligibility for reimbursement, appropriation and
payment of claims, including payment pursuant to the enactment of a
local government claims bill, the establishment of interest accrued
on claims, and the review of state mandates by the Legislative
Analyst generally.
This bill would revise these procedures, including certain
associated deadlines, and delete the provisions governing the local
government claims bill, instead requiring payment to be made in the
annual Budget Act according to specified criteria.
(7) Under existing law, policy, and bargaining agreements, the
state reimburses employees for all necessary and actual expenses they
incur when they travel on official state business. The Controller's
office has established the California Automated Travel Expense
Reimbursement System (CalATERS) for processing travel claims for
participating state agencies. Existing law requires all state
agencies to implement and use that system to automate the processing
of employee travel claims by July 1, 2009, unless the Controller
recommends, and the Department of Finance approves, an exemption
request, as specified.
This bill would provide that payments for the services of the
Controller in implementing these provisions shall be made by direct
transfer, as specified.
(8) The Public Employees' Medical and Hospital Care Act requires
the Board of Administration of the Public Employees' Retirement
System to approve health benefit plans for certain public employees
and annuitants, and authorizes the board to contract with carriers
offering health benefit plans. That law creates in the State Treasury
the Public Employees' Contingency Reserve Fund, and within that
fund, requires an account to be maintained to defray increases in
future rates, reduce contributions of employees, annuitants, and
employers, implement cost containment programs, and increase the
benefits related to these health benefit plans, as specified.
Existing federal law provides for Medicare Part D, the voluntary
federal program for prescription drug reimbursement coverage.
This bill would provide that the Board of Administration of the
Public Employees' Retirement System is designated, for the purposes
of federal law, as the sponsor of a qualified retiree prescription
drug plan for a state or contracting agency plan, or related plan, or
an individual if the Public Employees' Retirement System applies for
a retiree drug subsidy, as defined, related to that plan or
individual and the system meets the definition of plan sponsor under
federal law, as specified. The bill would provide that any funds
attributable to a retiree drug subsidy for a contracting agency plan,
local annuitant, or local employee, as defined, shall be deposited
in the Public Employees' Contingency Reserve Fund, a continuously
appropriated fund. By increasing contributions to a continuously
appropriated fund, the bill would make an appropriation.
This bill would also provide that there is in the Public Employees'
Contingency Reserve Fund the Account for Retiree Drug Subsidy
Payments. The bill would provide that funds in this account shall be
appropriated by the Legislature for reducing the contributions by the
state and state annuitants for health benefits that include
prescription drug benefits for state annuitants, defraying increases
in future employer or state annuitant health benefit or prescription
drug rates, increasing state annuitant health benefits or
prescription drug benefits, and implementing cost containment
programs related to state annuitant health benefits that include
prescription drug benefits.
(9) Existing law generally regulates the storage of hazardous
substances in underground storage tanks. Specified provisions of
federal law impose liability for the costs incurred by a state for
undertaking corrective action with regard to a release of petroleum
from an underground storage tank, and the money recovered pursuant to
federal law by the state is required to be deposited in the Leaking
Underground Storage Tank Cost Recovery Fund in the General Fund. The
State Water Resources Control Board (board) is authorized to expend
the money in that fund, upon appropriation by the Legislature, for
the purpose of taking specified actions with respect to underground
storage tanks containing petroleum.
Under the Barry Keene Underground Storage Tank Cleanup Trust Fund
Act of 1989, an owner of an underground storage tank is required to
pay a storage fee for each gallon of petroleum placed in the tank.
The fees are required to be deposited in the Underground Storage Tank
Cleanup Fund and the money in the fund may be expended by the board,
upon appropriation by the Legislature, for various specified
purposes.
This bill would authorize the Controller, upon appropriation by
the Legislature, to expend money from the Leaking Underground Storage
Tank Cost Recovery Fund, for the costs of corrective action at a
specified site.
This bill would also require, after the corrective action at that
site is complete, in accordance with a uniform closure letter, that
all unencumbered funds in the Leaking Underground Storage Tank Fund,
and all net proceeds from the sale or the disposition of that site
made on behalf of the Controller, be transferred to the Underground
Storage Tank Cleanup Fund.
(10) The Housing and Emergency Shelter Trust Fund Act of 2006
authorizes the issuance of bonds in the amount of $2,850,000,000
pursuant to the State General Obligation Bond Law. Proceeds from the
sale of these bonds are required to be used to finance various
existing housing programs, capital outlay related to infill
development, brownfield cleanup that promotes infill development, and
housing-related parks. The act establishes the Housing and Emergency
Shelter Trust Fund of 2006 in the State Treasury, requires the sum
of $850,000,000 to be deposited in the Regional Planning, Housing,
and Infill Incentive Account, which the act establishes in the fund,
and makes the money in the account available, upon appropriation, for
infill incentive grants for capital outlay related to infill housing
development and other related infill development, and for brownfield
cleanup that promotes infill housing development and other related
infill development consistent with regional and local plans, subject
to the conditions and criteria that the Legislature may provide in
statute.
This bill would establish the Infill Incentive Grant Program of
2007, that would require the Department of Housing and Community
Development, upon appropriation by the Legislature of the funds in
the Regional Planning, Housing, and Infill Incentive Account for
certain purposes, to establish and administer a competitive grant
program to allocate those funds to selected capital improvements
projects related to qualifying infill projects or qualifying infill
areas, as defined.
The bill would require the California Pollution Control Financing
Authority, in consultation with the Department of Housing and
Community Development, upon appropriation by the Legislature of the
funds in the Regional Planning, Housing, and Infill Incentive Account
for certain additional purposes, to administer loans or grants under
the California Recycle Underutilized Sites (CALReUSE) Program for
the purpose of brownfield cleanup that promotes infill residential
and mixed-use development, consistent with regional and local land
use plans.
The bill would also appropriate $240,000,000 and $60,000,000,
respectively, from the Budget Act of 2007 for the Infill Incentive
Grant Program of 2007 and for CALReUSE in the 2007-08 fiscal year.
(11) Existing law provides for the collection of fees by the
Division of Occupational Safety and Health for inspections of
elevators, aerial passenger tramways, and permanent amusement rides.
Fees collected for elevator inspections are deposited into the
Elevator Safety Account. Fees collected for the inspection of aerial
passenger tramways are deposited into the General Fund. Fees
collected for permanent amusement ride inspections are deposited into
a special fund titled the Permanent Amusement Ride Inspection Fund.
Existing law exempts the state and other political subdivisions from
paying these fees.
This bill would direct that all fees collected by the division for
the inspection of elevators, aerial passenger tramways, and
permanent amusement rides be deposited into the Elevator Safety
Account. This bill would, effective June 30, 2007, abolish the
Permanent Amusement Ride Inspection Fund and direct that all moneys
in the fund, as well as all outstanding liabilities and encumbrances,
be transferred to the Elevator Safety Account.
This bill would also require the state and all other political
subdivisions thereof to pay the inspection fees charged by the
division.
(12) Existing law establishes a minigrant program for the
development and support of domestic violence programs and services
for the gay, lesbian, bisexual, and transgender community. Existing
law requires the Office of Emergency Services (OES) to use funds from
the Equality in Prevention and Services for Domestic Abuse Fund to
award at least 4 minigrants annually of up to $10,000 to qualifying
organizations to fund those domestic violence programs and services.
This bill would revise those provisions to require OES to award up
to 4 grants annually to qualifying organizations, with at least one
in southern California and one in northern California. The bill would
also change all references to "minigrant" in those provisions to
"grant."
(13) This bill would declare that it is to take effect immediately
as an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1501.5 of the Code of Civil Procedure is
amended to read:
1501.5. (a) Notwithstanding any provision of law to the contrary,
property received by the state under this chapter shall not
permanently escheat to the state.
(b) The Legislature finds and declares that this section is
declaratory of the existing law and sets forth the intent of the
Legislature regarding the Uniform Disposition of Unclaimed Property
Act (Chapter 1809, Statutes of 1959) and all amendments thereto and
revisions thereof. Any opinions, rulings, orders, judgments, or other
statements to the contrary by any court are erroneous and
inconsistent with the intent of the Legislature.
(c) It is the intent of the Legislature that property owners be
reunited with their property. In making changes to the unclaimed
property program in conjunction with the Budget Act of 2007, the
Legislature intends to adopt a more expansive notification program
that will provide all of the following:
(1) Notification by the state to all owners of unclaimed property
prior to escheatment.
(2) A more expansive postescheatment policy that takes action to
identify those owners of unclaimed property.
(3) A waiting period of not less than 18 months from delivery of
property to the state prior to disposal of any unclaimed property
deemed to have no commercial value.
SEC. 2. Section 1531 of the Code of Civil Procedure is amended to
read:
1531. (a) Within one year after payment or delivery of escheated
property as required by Section 1532, the Controller shall cause a
notice to be published, in a newspaper of general circulation which
the Controller determines is most likely to give notice to the
apparent owner of the property.
(b) Each published notice shall be entitled "notice to owners of
unclaimed property."
(c) Each published notice shall also contain a statement that
information concerning the amount or description of the property may
be obtained by any persons possessing an interest in the property by
addressing any inquiry to the Controller.
(d) Within 165 days after the final date for filing the report
required by Section 1530, the Controller shall mail a notice to each
person having an address listed in the report who appears to be
entitled to property of the value of fifty dollars ($50) or more
escheated under this chapter. If the report filed pursuant to Section
1530 includes a social security number, the Controller shall request
the Franchise Tax Board to provide a current address for the
apparent owner on the basis of that number. The Controller shall mail
the notice to the apparent owner for whom a current address is
obtained if the address is different from the address previously
reported to the Controller. If the Franchise Tax Board does not
provide an address or a different address, then the Controller shall
mail the notice to the address listed in the report required by
Section 1530.
(e) The mailed notice shall contain all of the following:
(1) A statement that, according to a report filed with the
Controller, property is being held to which the addressee appears
entitled.
(2) The name and address of the person holding the property and
any necessary information regarding changes of name and address of
the holder.
(3) A statement that, if satisfactory proof of claim is not
presented by the owner to the holder by the date specified in the
notice, the property will be placed in the custody of the Controller
and may be sold or destroyed pursuant to this chapter, and all
further claims concerning the property or, if sold, the net proceeds
of its sale, must be directed to the Controller.
(f) This section is intended to inform owners about the possible
existence of unclaimed property identified pursuant to this chapter.
SEC. 3. Section 1531.5 is added to the Code of Civil Procedure, to
read:
1531.5. (a) The Controller shall establish and conduct a
notification program designed to inform owners about the possible
existence of unclaimed property received pursuant to this chapter.
(b) Any notice sent pursuant to this section shall not contain a
photograph or likeness of an elected official.
(c) (1) Notwithstanding any other law, upon the request of the
Controller, a state or local governmental agency may furnish to the
Controller from its records the address or other identification or
location information that could reasonably be used to locate an owner
of unclaimed property.
(2) If the address or other identification or location information
requested by the Controller is deemed confidential under any laws or
regulations of this state, it shall nevertheless be furnished to the
Controller. However, neither the Controller nor any officer, agent,
or employee of the Controller shall use or disclose that information
except as may be necessary in attempting to locate the owner of
unclaimed property.
(3) This subdivision shall not be construed to require disclosure
of information in violation of federal law.
(4) If a fee or charge is customarily made for the information
requested by the Controller, the Controller shall pay that customary
fee or charge.
(d) Costs for administering this section shall be subject to the
level of appropriation in the annual Budget Act.
SEC. 4. Section 1532 of the Code of Civil Procedure is amended to
read:
1532. (a) Every person filing a report as provided by Section
1530 shall, no sooner than seven months and no later than seven
months and 15 days after the final date for filing the report, pay or
deliver to the Controller all escheated property specified in the
report. Any payment of unclaimed cash in an amount of at least twenty
thousand dollars ($20,000) shall be made by electronic funds
transfer pursuant to regulations adopted by the Controller.
(b) If a person establishes his or her right to receive any
property specified in the report to the satisfaction of the holder
before that property has been delivered to the Controller, or it
appears that, for any other reason, the property may not be subject
to escheat under this chapter, the holder shall not pay or deliver
the property to the Controller but shall instead file a report with
the Controller, on a form and in a format prescribed or approved by
the Controller, containing information pertaining to the property not
subject to escheat.
(c) Any property not paid or delivered pursuant to subdivision (b)
that is later determined by the holder to be subject to escheat
under this chapter shall not be subject to the interest provision of
Section 1577.
(d) The holder of any interest under subdivision (b) of Section
1516 shall deliver a duplicate certificate to the Controller or shall
register the securities in uncertificated form in the name of the
Controller. Upon delivering a duplicate certificate or providing
evidence of registration of the securities in uncertificated form to
the Controller, the holder, any transfer agent, registrar, or other
person acting for or on behalf of the holder in executing or
delivering the duplicate certificate or registering the
uncertificated securities, shall be relieved from all liability of
every kind to any person including, but not limited to, any person
acquiring the original certificate or the duplicate of the
certificate issued to the Controller for any losses or damages
resulting to that person by the issuance and delivery to the
Controller of the duplicate certificate or the registration of the
uncertificated securities to the Controller.
(e) Payment of any intangible property to the Controller shall be
made at the office of the Controller in Sacramento or at another
location as the Controller by regulation may designate. Except as
otherwise agreed by the Controller and the holder, tangible personal
property shall be delivered to the Controller at the place where it
is held.
(f) Payment is deemed complete on the date the electronic funds
transfer is initiated if the settlement to the state's demand account
occurs on or before the banking day following the date the transfer
is initiated. If the settlement to the state's demand account does
not occur on or before the banking day following the date the
transfer is initiated, payment is deemed to occur on the date
settlement occurs.
(g) Any person required to pay cash by electronic funds transfer
who makes the payment by means other than an authorized electronic
funds transfer shall be liable for a civil penalty of 2 percent of
the amount of the payment that is due pursuant to this section, in
addition to any other penalty provided by law. Penalties are due at
the time of payment. If the Controller finds that a holder's failure
to make payment by an appropriate electronic funds transfer in
accordance with the Controller's procedures is due to reasonable
cause and circumstances beyond the holder's control, and occurred
notwithstanding the exercise of ordinary care and in the absence of
willful neglect, that holder shall be relieved of the penalties.
(h) An electronic funds transfer shall be accomplished by an
automated clearinghouse debit, an automated clearinghouse credit, a
Federal Reserve Wire Transfer (Fedwire), or by an international funds
transfer. Banking costs incurred for the automated clearinghouse
debit transaction by the holder shall be paid by the state. Banking
costs incurred by the state for the automated clearinghouse credit
transaction may be paid by the holder originating the credit. Banking
costs incurred for the Fedwire transaction charged to the holder and
the state shall be paid by the person originating the transaction.
Banking costs charged to the holder and to the state for an
international funds transfer may be charged to the holder.
(i) For purposes of this section:
(1) "Electronic funds transfer" means any transfer of funds, other
than a transaction originated by check, draft, or similar paper
instrument, that is initiated through an electronic terminal,
telephonic instrument, modem, computer, or magnetic tape, so as to
order, instruct, or authorize a financial institution to credit or
debit an account.
(2) "Automated clearinghouse" means any federal reserve bank, or
an organization established by agreement with the National Automated
Clearing House Association, that operates as a clearinghouse for
transmitting or receiving entries between banks or bank accounts and
that authorizes an electronic transfer of funds between those banks
or bank accounts.
(3) "Automated clearinghouse debit" means a transaction in which
the state, through its designated depository bank, originates an
automated clearinghouse transaction debiting the holder's bank
account and crediting the state's bank account for the amount of
payment.
(4) "Automated clearinghouse credit" means an automated
clearinghouse transaction in which the holder, through its own bank,
originates an entry crediting the state's bank account and debiting
the holder's bank account.
(5) "Fedwire" means any transaction originated by the holder and
utilizing the national electronic payment system to transfer funds
through federal reserve banks, pursuant to which the holder debits
its own bank account and credits the state's bank account.
(6) "International funds transfer" means any transaction
originated by the holder and utilizing the international electronic
payment system to transfer funds, pursuant to which the holder debits
its own bank account, and credits the funds to a United States bank
that credits the Unclaimed Property Fund.
SEC. 5. Section 1563 of the Code of Civil Procedure is amended to
read:
1563. (a) Except as provided in subdivisions (b) and (c), all
escheated property delivered to the Controller under this chapter
shall be sold by the Controller to the highest bidder at public sale
in whatever city in the state affords in his or her judgment the most
favorable market for the property involved, or the Controller may
conduct the sale by electronic media, including, but not limited to,
the Internet, if in his or her judgment it is cost effective to
conduct the sale of the property involved in that manner. However, no
sale shall be made pursuant to this subdivision until 18 months
after the final date for filing the report required by Section 1530.
The Controller may decline the highest bid and reoffer the property
for sale if he or she considers the price bid insufficient. The
Controller need not offer any property for sale if, in his or her
opinion, the probable cost of sale exceeds the value of the property.
Any sale of escheated property held under this section shall be
preceded by a single publication of notice thereof, at least one week
in advance of sale, in an English language newspaper of general
circulation in the county where the property is to be sold.
(b) Securities listed on an established stock exchange shall be
sold at the prevailing prices on that exchange. Other securities may
be sold over the counter at prevailing prices or, with prior approval
of the California Victim Compensation and Government Claims Board,
by any other method that the Controller may determine to be
advisable. These securities shall be sold by the Controller no sooner
than 18 months, but no later than 20 months, after the final date
for filing the report required by Section 1530. If securities
delivered to the Controller by a holder of the securities remain in
the custody of the Controller, a person making a valid claim for
those securities under this chapter shall be entitled to receive the
securities from the Controller. If the securities have been sold, the
person shall be entitled to receive the net proceeds received by the
Controller from the sale of the securities. United States government
savings bonds and United States war bonds shall be presented to the
United States for payment. Subdivision (a) does not apply to the
property described in this subdivision.
(c) (1) All escheated property consisting of military awards,
decorations, equipment, artifacts, memorabilia, documents,
photographs, films, literature, and any other item relating to the
military history of California and Californians that is delivered to
the Controller is exempt from subdivision (a) and shall be held in
trust for the Controller at the California State Military Museum and
Resource Center. All escheated property held in trust pursuant to
this subdivision is subject to the applicable regulations of the
United States Army governing Army museum activities as described in
Section 179 of the Military and Veterans Code. Any person claiming an
interest in the escheated property may file a claim to the property
pursuant to Article 4 (commencing with Section 1540).
(2) The California State Military Museum and Resource Center shall
be responsible for the costs of storage and maintenance of escheated
property delivered by the Controller under this subdivision.
(d) The purchaser at any sale conducted by the Controller pursuant
to this chapter shall receive title to the property purchased, free
from all claims of the owner or prior holder thereof and of all
persons claiming through or under them. The Controller shall execute
all documents necessary to complete the transfer of title.
SEC. 6. Section 1565 of the Code of Civil Procedure is amended to
read:
1565. Any property delivered to the State Controller pursuant to
this chapter that has no apparent commercial value shall be retained
by the Controller for a period of not less than 18 months from the
date the property is delivered to the Controller. If the Controller
determines that any property delivered to him or her pursuant to this
chapter has no apparent commercial value, he or she may at any time
thereafter destroy or otherwise dispose of the property, and in that
event no action or proceeding shall be brought or maintained against
the state or any officer thereof, or against the holder for, or on
account of any action taken by, the Controller pursuant to this
chapter with respect to the property.
SEC. 7. Section 298 of the Family Code is amended to read:
298. (a) (1) The Secretary of State shall prepare forms entitled
"Declaration of Domestic Partnership" and "Notice of Termination of
Domestic Partnership" to meet the requirements of this division.
These forms shall require the signature and seal of an acknowledgment
by a notary public to be binding and valid.
(2) When funding allows, the Secretary of State shall include on
the form notice that a lesbian, gay, bisexual, and transgender
specific domestic abuse brochure is available upon request.
(b) (1) The Secretary of State shall distribute these forms to
each county clerk. These forms shall be available to the public at
the office of the Secretary of State and each county clerk.
(2) The Secretary of State shall, by regulation, establish fees
for the actual costs of processing each of these forms, and the cost
for preparing and sending the mailings and notices required pursuant
to Section 299.3, and shall charge these fees to persons filing the
forms.
(3) There is hereby established a fee of twenty-three dollars
($23) to be charged in addition to the existing fees established by
regulation to persons filing domestic partner registrations pursuant
to Section 297 for development and support of a lesbian, gay,
bisexual, and transgender curriculum for training workshops on
domestic violence, conducted pursuant to Section 13823.15 of the
Penal Code, and for the support of a grant program to promote healthy
nonviolent relationships in the lesbian, gay, bisexual, and
transgender community. This paragraph shall not apply to persons of
opposite sexes filing a domestic partnership registration and who
meet the qualifications described in subparagraph (B) of paragraph
(5) of subdivision (b) of Section 297.
(4) The fee established by paragraph (3) shall be deposited in the
Equality in Prevention and Services for Domestic Abuse Fund, which
is hereby established. The fund shall be administered by the Office
of Emergency Services, and expenditures from the fund shall be used
to support the purposes of paragraph (3).
(c) The Declaration of Domestic Partnership shall require each
person who wants to become a domestic partner to (1) state that he or
she meets the requirements of Section 297 at the time the form is
signed, (2) provide a mailing address, (3) state that he or she
consents to the jurisdiction of the Superior Courts of California for
the purpose of a proceeding to obtain a judgment of dissolution or
nullity of the domestic partnership or for legal separation of
partners in the domestic partnership, or for any other proceeding
related to the partners' rights and obligations, even if one or both
partners ceases to be a resident of, or to maintain a domicile in,
this state, (4) sign the form with a declaration that representations
made therein are true, correct, and contain no material omissions of
fact to the best knowledge and belief of the applicant, and (5) have
a notary public acknowledge his or her signature. Both partners'
signatures shall be affixed to one Declaration of Domestic
Partnership form, which form shall then be transmitted to the
Secretary of State according to the instructions provided on the
form. Filing an intentionally and materially false Declaration of
Domestic Partnership shall be punishable as a misdemeanor.
SEC. 8. Section 12795.5 of the Food and Agricultural Code is
repealed.
SEC. 9. Section 12795.6 of the Food and Agricultural Code is
repealed.
SEC. 10. Section 12439 of the Government Code is amended to read:
12439. (a) (1) Beginning July 1, 2002, and except as provided in
paragraph (2), any state position that is vacant for six consecutive
monthly pay periods shall be abolished by the Controller on the
following July 1. The six consecutive monthly pay periods may occur
entirely within one fiscal year or between two consecutive fiscal
years.
(2) Notwithstanding paragraph (1), from July 1, 2007, to June 30,
2010, inclusive, any state position that is vacant for 12 consecutive
monthly pay periods shall be abolished by the Controller on the
following July 1. The 12 consecutive monthly pay periods may occur
entirely within one fiscal year or between two consecutive fiscal
years.
(b) The Director of Finance may authorize the reestablishment of
any positions abolished pursuant to this section if one or more of
the following conditions existed during part or all of the six
consecutive monthly pay periods, as specified in paragraph (1) of
subdivision (a), or during part or all of the 12 consecutive monthly
pay periods, as specified in paragraph (2) of subdivision (a):
(1) There was a hiring freeze in effect during part or all of the
six or, as applicable, 12 consecutive pay periods.
(2) The department has diligently attempted to fill the position,
but was unable to complete all the steps necessary to fill the
position within six, or, as applicable, 12 months.
(3) The position has been designated as a management position for
purposes of collective bargaining and has been held vacant pending
the appointment of the director, or other chief executive officer, of
the department as part of the transition from one Governor to the
succeeding Governor.
(4) The classification of the position is determined to be
hard-to-fill.
(5) Late enactment of the budget causes the department to delay
filling the position.
(c) The Controller shall reestablish any position for which the
director of the department in which that position existed prior to
abolishment certifies by August 15 that one or more of the following
conditions existed during part or all of the six consecutive pay
periods, as specified in paragraph (1) of subdivision (a), or during
part or all of the 12 consecutive pay periods, as specified in
paragraph (2) of subdivision (a):
(1) The position is necessary for directly providing 24-hour care
in an institution operated by the state.
(2) The position is necessary for the state to satisfy any
licensing requirements adopted by a local, state, or federal
licensing or other regulatory agency.
(3) The position is directly involved in services for public
health, public safety, or homeland security.
(4) The position is being held vacant because the previous
incumbent is eligible to exercise a mandatory right of return from a
leave of absence as may be required by any provision of law
including, but not limited to, leaves for industrial disability,
nonindustrial disability, military service, pregnancy, childbirth, or
care of a newborn infant.
(5) The position is being held vacant because the department has
granted the previous incumbent a permissive leave of absence as may
be authorized by any provision of law including, but not limited to,
leaves for adoption of a child, education, civilian military work, or
to assume a temporary assignment in another agency.
(6) Elimination of the position will directly reduce state
revenues or other income by more than would be saved by elimination
of the position.
(7) The position is funded entirely from moneys appropriated
pursuant to Section 221 of the Food and Agricultural Code, was
established with the Controller pursuant to Section 221.1 of the Food
and Agricultural Code, and directly responds to unforeseen
agricultural circumstances requiring the relative expertise that the
position provides.
(d) Each department shall maintain for future independent audit
all records on which the department relied in determining that any
position or positions satisfied one or more of the criteria specified
in paragraphs (1) to (6), inclusive, of subdivision (c).
(e) The only other exceptions to the abolishment required by
subdivision (a) are those positions exempt from civil service or
those instructional and instruction-related positions authorized for
the California State University. No money appropriated by the
subsequent Budget Act shall be used to pay the salary of any
otherwise authorized state position that is abolished pursuant to
this section.
(f) The Controller, no later than September 10 of each fiscal
year, shall furnish the Department of Finance in writing a
preliminary report of any authorized state positions that were
abolished effective on the preceding July 1 pursuant to this section.
(g) The Controller, no later than October 15 of each fiscal year,
shall furnish the Joint Legislative Budget Committee and the
Department of Finance a final report on all positions that were
abolished effective on the preceding July 1.
(h) Departments shall not execute any personnel transactions for
the purpose of circumventing the provisions of this section.
(i) Each department shall include a section discussing its
compliance with this section when it prepares its report pursuant to
Section 13405.
(j) As used in this section, department refers to any department,
agency, board, commission, or other organizational unit of state
government that is empowered to appoint persons to civil service
positions.
(k) This section shall become operative July 1, 2002.
SEC. 11. Section 13310 is added to the Government Code, to read:
13310. (a) It is the intent of the Legislature that the
department set statewide fiscal and accounting policies and
procedures, and provide adequate fiscal and accounting training,
advice, and consulting services to any agency of the state that is
authorized or required to handle public money or its equivalent in
order to ensure that the state's assets are protected and that
accurate and timely financial information is maintained.
(b) To the extent permitted by state law, the department may
assess special funds, bond funds, and nongovernmental cost funds in
amounts sufficient to support the functions identified in subdivision
(a). The director shall determine the amount of the total assessment
for each fund periodically. Upon order of the director, the moneys
authorized pursuant to this section shall be transferred by the
Controller, as needed, from each fund for a total amount not to
exceed the amounts authorized in the annual Budget Act.
SEC. 12. Section 15814.45 is added to the Government Code, to
read:
15814.45. (a) Any building the state intends to occupy, for which
construction commences on and after January 1, 2009, and any
renovation to a building the state intends to occupy that commences
on or after that date, shall be designed, constructed, and operated,
to meet, at a minimum, the applicable standards described in the
United States Green Building Council's Leadership in Energy and
Environmental Design silver rating.
(b) Any building lease, for which the state shall be the sole
tenant, entered into on or after January 1, 2009, that requires major
renovation or the construction of a
new building on or after that date, shall require the
renovation or the building to be designed, constructed, and operated,
to meet, at a minimum, the standards described in the United States
Green Building Council's Leadership in Energy and Environmental
Design silver rating.
SEC. 13. Section 17555 of the Government Code is amended to read:
17555. (a) Not later than 30 days after hearing and deciding upon
a test claim pursuant to subdivision (a) of Section 17551, and
determining the amount to be subvened to local agencies and school
districts for reimbursement pursuant to subdivision (a) of Section
17557, the commission shall notify the appropriate Senate and
Assembly policy and fiscal committees, the Legislative Analyst, the
Department of Finance, and the Controller of that decision.
(b) For purposes of this section, the "appropriate policy
committee" means the policy committee that has jurisdiction over the
subject matter of the statute, regulation, or executive order, and in
which bills relating to that subject matter would have been heard.
SEC. 14. Section 17557 of the Government Code is amended to read:
17557. (a) If the commission determines there are costs mandated
by the state pursuant to Section 17551, it shall determine the amount
to be subvened to local agencies and school districts for
reimbursement. In so doing it shall adopt parameters and guidelines
for reimbursement of any claims relating to the statute or executive
order. The successful test claimants shall submit proposed parameters
and guidelines within 30 days of adoption of a statement of decision
on a test claim. At the request of a successful test claimant, the
commission may provide for one or more extensions of this 30-day
period at any time prior to its adoption of the parameters and
guidelines. If proposed parameters and guidelines are not submitted
within the 30-day period and the commission has not granted an
extension, then the commission shall notify the test claimant that
the amount of reimbursement the test claimant is entitled to for the
first 12 months of incurred costs will be reduced by 20 percent,
unless the test claimant can demonstrate to the commission why an
extension of the 30-day period is justified.
(b) In adopting parameters and guidelines, the commission may
adopt a reasonable reimbursement methodology.
(c) The parameters and guidelines adopted by the commission shall
specify the fiscal years for which local agencies and school
districts shall be reimbursed for costs incurred. However, the
commission may not specify in the parameters and guidelines any
fiscal year for which payment could be provided in the annual Budget
Act.
(d) A local agency, school district, or the state may file a
written request with the commission to amend, modify, or supplement
the parameters or guidelines. The commission may, after public notice
and hearing, amend, modify, or supplement the parameters and
guidelines. A parameters and guidelines amendment submitted within 90
days of the claiming deadline for initial claims, as specified in
the claiming instructions pursuant to Section 17561, shall apply to
all years eligible for reimbursement as defined in the original
parameters and guidelines. A parameters and guidelines amendment
filed more than 90 days after the claiming deadline for initial
claims, as specified in the claiming instructions pursuant to Section
17561, and on or before the claiming deadline following a fiscal
year, shall establish reimbursement eligibility for that fiscal year.
(e) A test claim shall be submitted on or before June 30 following
a fiscal year in order to establish eligibility for reimbursement
for that fiscal year. The claimant may thereafter amend the test
claim at any time, but before the test claim is set for a hearing,
without affecting the original filing date as long as the amendment
substantially relates to the original test claim.
(f) In adopting parameters and guidelines, the commission shall
consult with the Department of Finance, the affected state agency,
the Controller, the fiscal and policy committees of the Assembly and
Senate, the Legislative Analyst, and the claimants to consider a
reasonable reimbursement methodology that balances accuracy with
simplicity.
SEC. 15. Section 17560 of the Government Code is amended to read:
17560. Reimbursement for state-mandated costs may be claimed as
follows:
(a) A local agency or school district may file an estimated
reimbursement claim by February 15 of the fiscal year in which costs
are to be incurred, and, by February 15 following that fiscal year
shall file an annual reimbursement claim that details the costs
actually incurred for that fiscal year; or it may comply with the
provisions of subdivision (b).
(b) A local agency or school district may, by February 15
following the fiscal year in which costs are incurred, file an annual
reimbursement claim that details the costs actually incurred for
that fiscal year.
(c) In the event revised claiming instructions are issued by the
Controller pursuant to subdivision (c) of Section 17558 between
November 15 and February 15, a local agency or school district filing
an annual reimbursement claim shall have 120 days following the
issuance date of the revised claiming instructions to file a claim.
SEC. 16. Section 17561 of the Government Code is amended to read:
17561. (a) The state shall reimburse each local agency and school
district for all "costs mandated by the state," as defined in
Section 17514.
(b) (1) For the initial fiscal year during which these costs are
incurred, reimbursement funds shall be provided as follows:
(A) Any statute mandating these costs shall provide an
appropriation therefor.
(B) Any executive order mandating these costs shall be accompanied
by a bill appropriating the funds therefor, or alternatively, an
appropriation for these costs shall be included in the Budget Bill
for the next succeeding fiscal year. The executive order shall cite
that item of appropriation in the Budget Bill or that appropriation
in any other bill which is intended to serve as the source from which
the Controller may pay the claims of local agencies and school
districts.
(2) In subsequent fiscal years appropriations for these costs
shall be included in the annual Governor's Budget and in the
accompanying Budget Bill. In addition, appropriations to reimburse
local agencies and school districts for continuing costs resulting
from chaptered bills or executive orders for which claims have been
awarded pursuant to subdivision (a) of Section 17551 shall be
included in the annual Governor's Budget and in the accompanying
Budget Bill.
(c) The amount appropriated to reimburse local agencies and school
districts for costs mandated by the state shall be appropriated to
the Controller for disbursement.
(d) The Controller shall pay any eligible claim pursuant to this
section by August 15 or 15 days after the date the appropriation for
the claim is effective, whichever is later. The Controller shall
disburse reimbursement funds to local agencies or school districts if
the costs of these mandates are not payable to state agencies, or to
state agencies that would otherwise collect the costs of these
mandates from local agencies or school districts in the form of fees,
premiums, or payments. When disbursing reimbursement funds to local
agencies or school districts, the Controller shall disburse them as
follows:
(1) For initial reimbursement claims, the Controller shall issue
claiming instructions to the relevant local agencies and school
districts pursuant to Section 17558. Issuance of the claiming
instructions shall constitute a notice of the right of the local
agencies and school districts to file reimbursement claims, based
upon parameters and guidelines adopted by the commission.
(A) When claiming instructions are issued by the Controller
pursuant to Section 17558 for each mandate determined pursuant to
Section 17551 that requires state reimbursement, each local agency or
school district to which the mandate is applicable shall submit
claims for initial fiscal year costs to the Controller within 120
days of the issuance date for the claiming instructions.
(B) When the commission is requested to review the claiming
instructions pursuant to Section 17571, each local agency or school
district to which the mandate is applicable shall submit a claim for
reimbursement within 120 days after the commission reviews the
claiming instructions for reimbursement issued by the Controller.
(C) If the local agency or school district does not submit a claim
for reimbursement within the 120-day period, or submits a claim
pursuant to revised claiming instructions, it may submit its claim
for reimbursement as specified in Section 17560. The Controller shall
pay these claims from the funds appropriated therefor, provided that
the Controller (i) may audit the records of any local agency or
school district to verify the actual amount of the mandated costs,
and (ii) may reduce any claim that the Controller determines is
excessive or unreasonable.
(2) In subsequent fiscal years each local agency or school
district shall submit its claims as specified in Section 17560. The
Controller shall pay these claims from funds appropriated therefor,
provided that the Controller (A) may audit the records of any local
agency or school district to verify the actual amount of the mandated
costs, (B) may reduce any claim that the Controller determines is
excessive or unreasonable, and (C) shall adjust the payment to
correct for any underpayments or overpayments which occurred in
previous fiscal years.
(3) When paying a timely filed claim for initial reimbursement,
the Controller shall withhold 20 percent of the amount of the claim
until the claim is audited to verify the actual amount of the
mandated costs. All initial reimbursement claims for all fiscal years
required to be filed on their initial filing date for a
state-mandated local program shall be considered as one claim for the
purpose of computing any late claim penalty. Any claim for initial
reimbursement filed after the filing deadline shall be reduced by 10
percent of the amount that would have been allowed had the claim been
timely filed. The Controller may withhold payment of any late claim
for initial reimbursement until the next deadline for funded claims
unless sufficient funds are available to pay the claim after all
timely filed claims have been paid. In no case may a reimbursement
claim be paid if submitted more than one year after the filing
deadline specified in the Controller's claiming instructions on
funded mandates.
(e) (1) Except as specified in paragraph (2), for the purposes of
determining the state's payment obligation under paragraph (1) of
subdivision (b) of Section 6 of Article XIII B of the Constitution, a
mandate that is "determined in a preceding fiscal year to be payable
by the state" means all mandates for which the commission adopted a
statewide cost estimate pursuant to this part during a previous
fiscal year or that were identified as mandates by a predecessor
agency to the commission, unless the mandate has been repealed or
otherwise eliminated.
(2) If the commission adopts a statewide cost estimate for a
mandate during the months of April, May, or June, the state's payment
obligation under subdivision (b) of Section 6 of Article XIII B
shall commence one year after the time specified in paragraph (1).
SEC. 17. Section 17561.5 of the Government Code is amended to
read:
17561.5. The payment of an initial reimbursement claim by the
Controller shall include accrued interest at the Pooled Money
Investment Account rate, if the payment is being made more than 365
days after adoption of the statewide cost estimate for an initial
claim. Interest shall begin to accrue as of the 366th day after
adoption of the statewide cost estimate for the initial claim.
Payment of a subsequent claim that was reported to the Legislature
pursuant to paragraph (2) of subdivision (b) of Section 17562 shall
include accrued interest at the Pooled Money Investment Account rate
for any unpaid amount remaining on August 15 following the filing
deadline. Interest shall begin to accrue on August 16 following the
filing deadline.
SEC. 18. Section 17562 of the Government Code is amended to read:
17562. (a) The Legislature hereby finds and declares that the
increasing revenue constraints on state and local government and the
increasing costs of financing state-mandated local programs make
evaluation of state-mandated local programs imperative. Accordingly,
it is the intent of the Legislature to increase information regarding
state mandates and establish a method for regularly reviewing the
costs and benefits of state-mandated local programs.
(b) (1) The Controller shall submit a report to the Joint
Legislative Budget Committee and fiscal committees by October 31 of
each fiscal year beginning with the 2007-08 fiscal year. This report
shall summarize, by state mandate, the total amount of claims paid
per fiscal year and the amount, if any, of mandate deficiencies or
surpluses. This report shall be made available in an electronic
spreadsheet format. The report shall compare the estimated annual
cost of each mandate in the preceding fiscal year to the amount
determined to be payable by the state for that fiscal year.
(2) The Controller shall submit a report to the Joint Legislative
Budget Committee, the applicable fiscal committees, and the Director
of Finance by April 30 of each fiscal year. This report shall
summarize, by state mandate, the total amount of unpaid claims by
fiscal year that were submitted before April 1 of that fiscal year.
The report shall also summarize any mandate deficiencies or
surpluses. It shall be made available in an electronic spreadsheet,
and shall be used for the purpose of determining the state's payment
obligation under paragraph (1) of subdivision (b) of Section 6 of
Article XIII B of the California Constitution.
(c) After the commission submits its second semiannual report to
the Legislature pursuant to Section 17600, the Legislative Analyst
shall submit a report to the Joint Legislative Budget Committee and
legislative fiscal committees on the mandates included in the
commission's reports. The report shall make recommendations as to
whether the mandate should be repealed, funded, suspended, or
modified.
(d) In its annual analysis of the Budget Bill and based on
information provided pursuant to subdivision (b), the Legislative
Analyst shall report total annual state costs for mandated programs
and, as appropriate, provide an analysis of specific mandates and
make recommendations on whether the mandate should be repealed,
funded, suspended, or modified.
(e) (1) A statewide association of local agencies or school
districts or a Member of the Legislature may submit a proposal to the
Legislature recommending the elimination or modification of a
state-mandated local program. To make such a proposal, the
association or member shall submit a letter to the Chairs of the
Assembly Committee on Education or the Assembly Committee on Local
Government, as the case may be, and the Senate Committee on Education
or the Senate Committee on Local Government, as the case may be,
specifying the mandate and the concerns and recommendations regarding
the mandate. The association or member shall include in the proposal
all information relevant to the conclusions. If the chairs of the
committees desire additional analysis of the submitted proposal, the
chairs may refer the proposal to the Legislative Analyst for review
and comment. The chairs of the committees may refer up to a total of
10 of these proposals to the Legislative Analyst for review in any
year. Referrals shall be submitted to the Legislative Analyst by
December 1 of each year.
(2) The Legislative Analyst shall review and report to the
Legislature with regard to each proposal that is referred to the
office pursuant to paragraph (1). The Legislative Analyst shall
recommend that the Legislature adopt, reject, or modify the proposal.
The report and recommendations shall be submitted annually to the
Legislature by March 1 of the year subsequent to the year in which
referrals are submitted to the Legislative Analyst.
(3) The Department of Finance shall review all statutes enacted
each year that contain provisions making inoperative Section 17561 or
Section 17565 that have resulted in costs or revenue losses mandated
by the state that were not identified when the statute was enacted.
The review shall identify the costs or revenue losses involved in
complying with the statutes. The Department of Finance shall also
review all statutes enacted each year that may result in cost savings
authorized by the state. The Department of Finance shall submit an
annual report of the review required by this subdivision, together
with the recommendations as it may deem appropriate, by December 1 of
each year.
(f) It is the intent of the Legislature that the Assembly
Committee on Local Government and the Senate Committee on Local
Government hold a joint hearing each year regarding the following:
(1) The reports and recommendations submitted pursuant to
subdivision (e).
(2) The reports submitted pursuant to Sections 17570, 17600, and
17601.
(3) Legislation to continue, eliminate, or modify any provision of
law reviewed pursuant to this subdivision. The legislation may be by
subject area or by year or years of enactment.
SEC. 19. Section 17567 of the Government Code is amended to read:
17567. In the event that the amount appropriated for
reimbursement purposes pursuant to Section 17561 is not sufficient to
pay all of the claims approved by the Controller, the Controller
shall prorate claims in proportion to the dollar amount of approved
claims timely filed and on hand at the time of proration. The
Controller shall adjust prorated claims if supplementary funds are
appropriated for this purpose.
In the event that the Controller finds it necessary to prorate
claims as provided by this section, the Controller shall immediately
report this action to the Department of Finance, the Chairperson of
the Joint Legislative Budget Committee, and the Chairperson of the
respective committee in each house of the Legislature which considers
appropriations in order to assure appropriation of these funds in
the Budget Act.
SEC. 20. Section 17568 of the Government Code is amended to read:
17568. If a local agency or school district submits an otherwise
valid reimbursement claim to the Controller after the deadline
specified in Section 17560, the Controller shall reduce the
reimbursement claim in an amount equal to 10 percent of the amount
which would have been allowed had the reimbursement claim been timely
filed, provided that the amount of this reduction shall not exceed
ten thousand dollars ($10,000). In no case shall a reimbursement
claim be paid which is submitted more than one year after the
deadline specified in Section 17560. Estimated claims which were
filed by the deadline specified in that section shall be paid in full
before payments are made on estimated claims filed after the
deadline. In the event the amount appropriated to the Controller for
reimbursement purposes is not sufficient to pay the estimated claims
approved by the Controller, the Controller shall prorate those claims
in proportion to the dollar amount of approved claims filed after
the deadline and shall report to the Legislature in the same manner
as described in Section 17567 in order to assure appropriation of
funds sufficient to pay those claims.
SEC. 21. Section 17570 of the Government Code is repealed.
SEC. 22. Section 17612 of the Government Code is amended to read:
17612. (a) Upon receipt of the report submitted by the commission
pursuant to Section 17600, funding shall be provided in the
subsequent Budget Act for costs incurred in prior years. No funding
shall be provided for years in which a mandate is suspended.
(b) The Legislature may amend, modify, or supplement the
parameters and guidelines for mandates contained in the annual Budget
Act. If the Legislature amends, modifies, or supplements the
parameters and guidelines, it shall make a declaration in separate
legislation specifying the basis for the amendment, modification, or
supplement.
(c) If the Legislature deletes from the annual Budget Act funding
for a mandate, the local agency or school district may file in the
Superior Court of the County of Sacramento an action in declaratory
relief to declare the mandate unenforceable and enjoin its
enforcement for that fiscal year.
SEC. 23. Section 19822.3 of the Government Code is amended to
read:
19822.3. (a) All state agencies shall implement and use the
California Automated Travel Expense Reimbursement System (CalATERS)
to automate processing of employee travel claims by July 1, 2009,
unless the Controller recommends, and the Department of Finance
approves, an exemption request. To request an exemption, a department
or agency shall submit documentation to the Controller no later than
July 1, 2007, to substantiate that the implementation of CalATERS is
not feasible or cost-effective for that department or agency. The
Department of Finance and the Controller shall jointly report to the
Joint Legislative Budget Committee, not later than February 1, 2008,
on the exemptions that have been approved and the bases for the
exemptions.
(b) Payments for the services of the Controller to implement this
section shall be made by direct transfer as described in Section
11255. The total transfer shall not exceed the reimbursement
expenditure authority provided to the Controller for CalATERS
pursuant to the annual Budget Act, as adjusted by subsequent budget
revisions approved by the Department of Finance.
SEC. 24. Section 22910 of the Government Code is amended to read:
22910. (a) There shall be maintained in the State Treasury the
Public Employees' Contingency Reserve Fund. The board may invest
funds in the Public Employees' Contingency Reserve Fund in accordance
with the provisions of law governing its investment of the
retirement fund.
(b) (1) An account shall be maintained within the Public Employees'
Contingency Reserve Fund with respect to the health benefit plans
the board has approved or that have entered into a contract with the
board. The account shall be credited, from time to time and in
amounts as determined by the board, with moneys contributed under
Section 22885 or 22901 to provide an adequate contingency reserve.
The income derived from any dividends, rate adjustments, or other
funds received from a health benefit plan shall be credited to the
account. The board may deposit, in the same manner as provided in
paragraph (4), up to one-half of 1 percent of premiums in the account
for purposes of cost containment programs, subject to approval as
provided in paragraph (2) of subdivision (c).
(2) The account for health benefit plans may be utilized to defray
increases in future rates, to reduce the contributions of employees
and annuitants and employers, to implement cost containment programs,
or to increase the benefits provided by a health benefit plan, as
determined by the board. The board may use penalties and interest
deposited pursuant to subdivision (c) of Section 22899 to pay any
difference between the adjusted rate set by the board pursuant to
Section 22864 and the applicable health benefit plan contract rates.
(3) The total credited to the account for health benefit plans at
any time shall be limited, in the manner and to the extent the board
may find to be most practical, to a maximum of 10 percent of the
total of the contributions of the employers and employees and
annuitants in any fiscal year. The board may undertake any action to
ensure that the maximum amount prescribed for the fund is
approximately maintained.
(4) Board rules and regulations adopted pursuant to Section 22831
to minimize the impact of adverse selection or contracts entered into
pursuant to Section 22864 to implement health benefit plan
performance incentives may provide for deposit in and disbursement to
carriers or to Medicare from the account the portion of the
contributions otherwise payable directly to the carriers by the
Controller under Section 22913 as may be required for that purpose.
The deposits may not be included in applying the limitations,
prescribed in paragraph (3), on total amounts that may be deposited
in or credited to the fund.
(5) Notwithstanding Section 13340, all moneys in the account for
health benefit plans are continuously appropriated without regard to
fiscal year for the purposes provided in this subdivision.
(c) (1) An account shall also be maintained in the Public
Employees' Contingency Reserve Fund for administrative expenses
consisting of funds deposited for this purpose pursuant to Sections
22885 and 22901.
(2) The moneys deposited pursuant to Sections 22885 and 22901 in
the Public Employees' Contingency Reserve Fund may be expended by the
board for administrative purposes, provided that the expenditure is
approved by the Department of Finance and the Joint Legislative
Budget Committee in the manner provided in the Budget Act for
obtaining authorization to expend at rates requiring a deficiency
appropriation, regardless of whether the expenses were anticipated.
(d) An account shall be maintained in the Public Employees'
Contingency Reserve Fund for health plan premiums paid by contracting
agencies, including payments made pursuant to subdivision (f) of
Section 22850. Notwithstanding Section 13340, the funds are
continuously appropriated, without regard to fiscal year, for the
payment of premiums or other charges to carriers or the Public
Employees' Health Care Fund. Penalties and interest paid pursuant to
subdivision (c) of Section 22899 shall be deposited in the account
pursuant to paragraphs (1) and (2) of subdivision (b).
(e) Accounts shall be maintained in the Public Employees'
Contingency Reserve Fund for complementary annuitant premiums and
related administrative expenses paid by annuitants pursuant to
Section 22802. Notwithstanding Section 13340, the funds are
continuously appropriated, without regard to fiscal year, to
reimburse the Public Employees' Retirement Fund for payment of
annuitant health premiums, and for the payment of premiums and other
charges to carriers or to the Public Employees' Health Care Fund.
Administrative expenses deposited in this account shall be credited
to the account provided by subdivision (c).
(f) Amounts received by the board for retiree drug subsidy
payments that are attributed to contracting agencies and their
annuitants and employees pursuant to subdivision (c) of Section
22910.5 shall be deposited in the Public Employees' Contingency
Reserve Fund. Notwithstanding Section 13340, these amounts are
continuously appropriated, without regard to fiscal year, for the
payment of premiums, costs, contributions, or other benefits related
to contracting agencies and their employees and annuitants, and as
consistent with the Medicare Prescription Drug Improvement and
Modernization Act, as amended.
(g) The Account for Retiree Drug Subsidy Payments is hereby
established in the Public Employees' Contingency Reserve Fund and
funds in that account shall, upon appropriation by the Legislature,
be used for the purposes described in Section 22910.5.
SEC. 25. Section 22910.5 is added to the Government Code, to read:
22910.5. (a) For purposes of this section, the following
definitions shall apply:
(1) "Local annuitant" means an annuitant other than a state
annuitant.
(2) "Local employee" means an employee other than a state
employee.
(3) "Retiree drug subsidy" means those amounts described in
Section 423.886 of Title 42 of the Code of Federal Regulations.
(4) "State annuitant" means an annuitant who is retired from
service with the state, including the California State University.
(5) "State employee" means an employee who is in the employment of
the state, including the California State University.
(b) For purposes of applying for and receiving funds as part of a
retiree drug subsidy, the board is designated as the sponsor of a
qualified retiree prescription drug plan for a state or contracting
agency plan, or a related plan, or an individual if both of the
following apply:
(1) The system applies for a retiree drug subsidy related to the
plan or individual.
(2) The system meets the definition of a plan sponsor as described
in Section 1395w-132(c) of Title 42 of the United States Code.
(c) When the board performs the duties described in subdivision
(b) related to, or applies for funds attributable to, a retiree drug
subsidy for a contracting agency plan, local annuitant, or local
employee, the board shall take all necessary steps to ensure that any
funds received by the board shall be deposited in the Public
Employees' Contingency Reserve Fund as described in subdivision (f)
of Section 22910.
(d) When the board performs the duties described in subdivision
(b) related to, or applies for funds attributable to, a retiree drug
subsidy for a state plan, state annuitant, state employee, or state
employee association health benefit plan, the board shall take all
necessary steps to deposit these funds in the Account for Retiree
Drug Subsidy Payments as described in subdivision (g) of Section
22910.
(e) Notwithstanding any other law, all funds received by the board
as a result of a retiree drug subsidy application attributable to a
state employee or state annuitant, or the eligible dependent,
beneficiary, or similarly situated person of that state employee or
state annuitant, shall be deposited in the Account for Retiree Drug
Subsidy Payments, as described in subdivision (g) of Section 22910.
(f) Notwithstanding any other law, funds from the Account for
Retiree Drug Subsidy Payments that is maintained in the Public
Employees' Contingency Reserve Fund shall be appropriated by the
Legislature in the annual Budget Act for the purposes described in
this section. The Legislature shall, in the annual Budget Act,
specify how these funds are to be used, consistent with the federal
Medicare Prescription Drug Improvement and Modernization Act, as
amended, including the following purposes:
(1) Reducing the contributions by the state from the General Fund
or other funds in the State Treasury for health benefits that include
prescription drug benefits for state annuitants.
(2) Reducing contributions by state annuitants for their health
benefits that include prescription drug benefits.
(3) Defraying increases in future employer or state annuitant
health benefit or prescription drug rates.
(4) Implementing cost containment programs related to state
annuitant health benefits that include prescription drug benefits.
(5) Increasing state annuitant health benefits or prescription
drug benefits.
SEC. 26. Section 25297.3 of the Health and Safety Code is amended
to read:
25297.3. (a) The Leaking Underground Storage Tank Cost Recovery
Fund is hereby created in the General Fund and the money in the fund
may be expended, upon appropriation by the Legislature, for the
purposes specified in subdivisions (c), (d), and (e).
(b) All of the following amounts shall be deposited in the Leaking
Underground Storage Tank Cost Recovery Fund:
(1) All money recovered pursuant to the federal act for purposes
of this chapter.
(2) Notwithstanding Section 16475 of the Government Code, all
interest earned upon any money deposited in the Leaking Underground
Storage Tank Cost Recovery Fund.
(3) Upon receipt of a written request from the board, the
Controller shall transfer to the Leaking Underground Storage Tank
Cost Recovery Fund the cash balance of the account in the Special
Deposit Fund, as specified in Section 16370 of the Government Code,
in which is deposited all money recovered pursuant to the federal
act.
(c) The board may expend the money in the Leaking Underground
Storage Tank Cost Recovery Fund for the purpose of taking any of the
following actions with respect to underground storage tanks
containing petroleum, as defined in the federal act:
(1) Enforcement activities.
(2) Corrective action and oversight.
(3) Cost recovery.
(4) Relocation of residents and provision of water supplies.
(5) Exposure assessments.
(d) The board may expend the money in the Leaking Underground
Storage Tank Cost Recovery Fund for administrative expenses related
to carrying out the activities specified in subdivision (c).
(e) The Controller may expend money in the Leaking Underground
Storage Tank Cost Recovery Fund, upon appropriation by the
Legislature, for the costs that are incurred on behalf of the
Controller for corrective action, as defined in Section 25299.14, at
the site located at 622 East Lindsay in the City of Stockton.
(f) After the corrective action at the site specified in
subdivision (e) is complete, in accordance with a uniform closure
letter issued pursuant to subdivision (g) of Section 25296.10, all
unencumbered funds in the Leaking Underground Storage Tank Fund, and
all net proceeds from the sale or other disposition of the site made
on behalf of the Controller, shall be transferred to the Underground
Storage Tank Cleanup Fund.
SEC. 27. Section 53545.12 is added to the Health and Safety Code,
to read:
53545.12. For the purposes of the grant program established in
Section 53545.13, the following definitions apply:
(a) "Capital improvement project" means the construction,
rehabilitation, demolition, relocation, preservation, acquisition, or
other physical improvement of a capital asset, as defined in
subdivision (a) of Section 16727 of the Government Code, that is an
integral part of, or necessary to facilitate the development of, a
qualified infill project or qualified infill area. Capital
improvement projects that may be funded under the grant program
established by this act include, but are not limited to, those
related to all of the following:
(1) The creation, development, or rehabilitation of parks or open
space.
(2) Water, sewer, or other utility service improvements.
(3) Streets and roads, parking structures, or transit linkages and
facilities, including, but not limited to, related access plazas or
pathways, or bus and transit shelters.
(4) Facilities that support pedestrian or bicycle transit.
(5) Traffic mitigation.
(6) Qualifying infill project or qualifying infill area site
preparation or demolition.
(7) Sidewalk or streetscape improvements, including, but not
limited to, the reconstruction or resurfacing of sidewalks and
streets or the installation of lighting, signage, or other related
amenities.
(b) "Department" means the Department of Housing and Community
Development.
(c) "Eligible applicant" means either, or a combination, of the
following:
(1) A nonprofit or for-profit developer of a qualifying infill
project.
(2) A city, county, city and county, public housing authority, or
redevelopment agency that has jurisdiction over a qualifying infill
area.
(d) "Qualifying infill area" means a contiguous area located
within an urbanized area (1) that has been previously developed, or
where at least 75 percent of the perimeter of the area adjoins
parcels that are developed with urban uses, and (2) in which at least
one development application has been approved or is pending approval
for a residential or mixed-use residential project that meets the
definition and criteria in this section for a qualified infill
project.
(e) (1) "Qualifying infill project" means a residential or
mixed-use residential project located within an urbanized area on a
site that has been previously developed, or on a vacant site where at
least 75 percent of the perimeter of the site adjoins parcels that
are developed with urban uses.
(2) A property is adjoining the side of a project site if the
property is separated from the project site only by an improved
public right-of-way.
(f) "Urbanized area" means an incorporated city or an urbanized
area or urban cluster as defined by the United States Census Bureau.
For unincorporated areas outside of an urban area or urban cluster,
the area must be within a designated urban service area that is
designated in the local general plan for urban development and is
served by the public sewer and water.
(g) "Urban uses" mean any residential, commercial, industrial,
public institutional, transit or transportation passenger facility,
or retail use, or any combination of those uses.
SEC. 28. Section 53545.13 is added to the Health and Safety Code,
to read:
53545.13. (a) The Infill Incentive Grant Program of 2007 is
hereby established to be administered by the department.
(b) Upon appropriation of funds by the Legislature for the purpose
of implementing paragraph (1) of subdivision (b) of Section 53545,
the department shall establish and administer a competitive grant
program to allocate those funds to selected capital improvement
projects that are an integral part of, or necessary to facilitate the
development of, a qualifying infill project or a qualifying infill
area.
(c) A qualifying infill project or qualifying infill area for
which a capital improvement project grant may be awarded shall meet
all of the following conditions:
(1) Be located in a city, county, or city and county, in which the
general plan of the city, county, or city and county, has an adopted
housing element that has been found by the department, pursuant to
Section 65585 of the Government Code, to be in compliance with the
requirements of Article 10.6 (commencing with Section 65580) of
Chapter 3 of Division 1 of Title 7 of the Government Code.
(2) Include not less than 15 percent of affordable units, as
follows:
(A) For projects that contain both rental and ownership units,
units of either or both product types may be included in the
calculation of the affordability criteria.
(B) (i) To the extent included in a project grant application, for
the purpose of calculating the percentage of affordable units, the
department may consider the entire master development in which the
development seeking grant funding is included.
(ii) Where applicable, an applicant may include a replacement
housing plan to ensure that dwelling units housing persons and
families of low or moderate income are not removed from the low and
moderate income housing market. Residential units to be replaced may
not be counted toward meeting the affordability threshold required
for eligibility for funding under this section.
(C) For the purposes of this subdivision, "affordable unit" means
a unit that is made available at an affordable rent, as defined in
Section 50053, to a household earning no more than 60 percent of the
area median income or at an affordable housing cost, as defined in
Section 50052.5, to a household earning no more than 120 percent of
the area median income. Rental units shall be subject to a recorded
covenant that ensures affordability for at least 55 years. Ownership
units shall initially be sold to and occupied by a qualified
household, and subject to a recorded covenant that includes either a
resale restriction for at least 30 years or equity sharing upon
resale.
(D) Notwithstanding subparagraph (C), a qualifying infill project
or qualifying infill area for which a disposition and development
agreement or other project- or area-specific agreement between the
developer and the local agency having jurisdiction over the project
has been executed on or before the effective date of the act adding
this section, shall be deemed to meet the affordability requirement
of this paragraph if the agreement includes affordability covenants
that subject the project or area to the production of affordable
units for very low, low-, or moderate-income households.
(3) Include average residential densities on the parcels to be
developed that are equal to or greater than the densities described
in subparagraph (B) of paragraph (3) of subdivision (c) of Section
65583.2 of the Government Code, except that a project located in a
rural area as defined in Section 50199.21 shall include average
residential densities on the parcels to be developed of at least 10
units per acre.
(4) Be located in an area designated for mixed-use or residential
development pursuant to one of the following adopted plans:
(A) A general plan adopted pursuant to Section 65300 of the
Government Code.
(B) A project area redevelopment plan approved pursuant to Section
33330.
(C) A regional blueprint plan as defined in the California
Regional Blueprint Planning Program administered by the Business,
Transportation and Housing Agency, or a regional plan as defined in
Section 65060.7 of the Government Code.
(5) For qualifying infill projects or qualifying infill areas
located in a redevelopment project area, meet the requirements
contained in subdivision (a) of Section 33413.
(d) In its review and ranking of applications for the award of
capital improvement project grants, the department shall rank the
affected qualifying infill projects and qualifying infill areas based
on the following priorities:
(1) Project readiness, which shall include all of the following:
(A) A demonstration that the project or area development can
complete environmental review and secure necessary entitlements from
the local jurisdiction within a reasonable period of time following
the submittal of a grant application.
(B) A demonstration that the eligible applicant can secure
sufficient funding commitments derived from sources other than this
part for the timely development of a qualifying infill project or
development of a qualifying infill area.
(C) A demonstration that the project or area development has
sufficient local support to achieve the proposed improvement.
(2) The depth and duration of the affordability of the housing
proposed for a qualifying infill project or qualifying infill area.
(3) The extent to which the average residential densities on the
parcels to be developed exceed the density standards contained in
paragraph (3) of subdivision (c).
(4) The qualifying infill project's or qualifying infill area's
inclusion of, or proximity or accessibility to, a transit station or
major transit stop.
(5) The proximity of housing to parks, employment or retail
centers, schools, or social services.
(6) The qualifying infill project or qualifying infill area
location's consistency with an adopted regional blueprint plan or
other adopted regional growth plan intended to foster efficient land
use.
(e) In allocating funds pursuant to this section, the department,
to the maximum extent feasible, shall ensure a reasonable geographic
distribution of funds.
(f) Funds awarded pursuant to this section shall supplement, not
supplant, other available funding.
(g) (1) The department shall adopt guidelines for the operation of
the grant program, including guidelines to ensure the tax exempt
status of the bonds issued pursuant to this part, and may administer
the program under those guidelines.
(2) The guidelines shall include provisions for the reversion of
grant awards that are not encumbered within four years of the fiscal
year in which an award was made, and for the recapture of grants
awarded, but for which development of the related housing units has
not progressed in a reasonable period of time from the date of the
grant award, as determined by the department.
(3) The guidelines shall not be subject to the requirements of
Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2
of the Government Code.
(h) For each fiscal year within the duration of the grant program,
the department shall include within the report to the Legislature,
required by Section 50408, information on its activities relating to
the grant program. The report shall include, but is not limited to,
the following information:
(1) A summary of the projects that received grants under the
program for each fiscal year that grants were awarded.
(2) The description, location, and estimated date of completion
for each project that received a grant award under the program.
(3) An update on the status of each project that received a grant
award under the program, and the number of housing units created or
facilitated by the program.
SEC. 29. Section 53545.14 is added to the Health and Safety Code,
to read:
53545.14. (a) Upon appropriation of funds by the Legislature for
purposes of implementing paragraph (2) of subdivision (b) of Section
53545, the California Pollution Control Financing Authority, in
consultation with the Department of Housing and Community
Development, shall administer loans or grants under the California
Recycle Underutilized Sites (CALReUSE) program established under
Article 9 (commencing with Section 8090) of Division 11 of Title 4 of
the California Code of Regulations, for the purpose of brownfield
cleanup that promotes infill residential and mixed-used development,
consistent with regional and local land use plans.
(b) For each fiscal year covering the duration of the program, the
authority shall include within its report to the Legislature,
pursuant to Section 44525.7, information on its activities relating
to the program. At a minimum, the report shall include a summary of
the projects that receive loans or grants pursuant to this section
for each fiscal year loans or grants are awarded. The report shall
include the description, location and estimation of completion for
each recipient project. The report shall also include an update on
the status of each project and the number of infill housing units
facilitated by the program.
SEC. 30. Section 7314 of the Labor Code is amended to read:
7314. (a) The division may fix and collect fees for the
inspection of conveyances as it deems necessary to cover the actual
costs of having the inspection performed by a division safety
engineer, including administrative costs, and the costs related to
regulatory development as required by Section 7323. An additional fee
may, in the discretion of the division, be charged for necessary
subsequent inspections to determine if applicable safety orders have
been complied with. The division may fix and collect fees for field
consultations regarding conveyances as it deems necessary to cover
the actual costs of the time spent in the consultation by a division
safety engineer, including administrative and travel expenses.
(b) Notwithstanding Section 6103 of the Government Code, the
division may collect the fees authorized by subdivision (a) from the
state or any county, city, district, or other political subdivision.
(c) Whenever a person owning or having the custody, management, or
operation of a conveyance fails to pay the fees required under this
chapter within 60 days after the date of notification, he or she
shall pay, in addition to the fees required under this chapter, a
penalty fee equal to 100 percent of the fee. Failure to pay fees
within 60 days after the date of notification constitutes cause for
the division to prohibit use of the conveyance.
(d) Any fees required pursuant to this section shall be set forth
in regulations that shall be adopted as emergency regulations. These
emergency regulations shall not be subject to the review and approval
of the Office of Administrative Law pursuant to the provisions of
the Administrative Procedure Act provided for in Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. These regulations shall become effective
immediately upon filing with the Secretary of State.
(e) For purposes of this section, the date of the invoice
assessing a fee pursuant to this section shall be considered the date
of notification.
SEC. 31. Section 7350 of the Labor Code is amended to read:
7350. (a) The division may fix and collect fees for the
inspection of aerial passenger tramways as it deems necessary to
cover the actual cost of having the inspection performed by a
division safety engineer. The division may not charge for inspections
performed by certified insurance inspectors, but may charge a fee of
not more than ten dollars ($10) to cover the cost of processing the
permit when issued by the division as a result of the inspection.
Notwithstanding Section 6103 of the Government Code, the division may
collect the fees authorized by this section from the state or any
county, city, district, or other political subdivision.
(b) Whenever a person owning or having custody, management, or
operation of an aerial passenger tramway fails to pay any fee
required under this chapter within 60 days after the date of
notification by the division, the division shall assess a penalty fee
equal to 100 percent of the initial fee. For purposes of this
section, the date of the invoice fixing the fee shall be considered
the date of notification.
SEC. 32. Section 7352 of the Labor Code is amended to read:
7352. All fees collected by the division under this chapter shall
be deposited into the Elevator Safety Account to support the
division's aerial passenger tramway inspection program.
SEC. 33. Section 7904 of the Labor Code is amended to read:
7904. (a) The division may fix and collect fees for the
inspection of amusement rides that it deems necessary to cover the
actual cost of having the inspection performed by a division safety
engineer. The division may not charge for inspections performed by
certified insurance inspectors or an inspector for a public entity,
but may charge a fee of not more than ten dollars ($10) to cover the
cost of processing the permit when issued by the division as a result
of the inspection. All fees collected by the division under this
section shall be deposited into the Elevator Safety Account to
support the division's portable amusement ride inspection program.
(b) The division shall annually prepare and submit to the Division
of Fairs and Expositions within the Department of Food and
Agriculture, a report summarizing all inspections of amusement rides
and accidents occurring on amusement rides. This annual report shall
also contain all route location information submitted to the division
by permit applicants.
SEC. 34. Section 7929 of the Labor Code is amended to read:
7929. (a) The division may fix and collect all fees necessary to
cover the cost of administering this part. Fees shall be charged to a
person or entity receiving the division's services as provided by
this part or by regulations adopted pursuant to this part, including,
but not limited to, approvals, determinations, certifications and
recertifications, receipt and review of certificates, and
inspections. In fixing the amount of these fees, the division may
include a reasonable percentage attributable to the general cost of
the division for administering this part. Notwithstanding Section
6103 of the Government Code, the division may collect these fees from
the state or any county, city, district, or other political
subdivision.
(b) Effective June 30, 2007, all fees collected pursuant to this
section shall be deposited into the Elevator Safety Account to
support the Permanent Amusement Ride Safety Inspection Program. All
moneys in the Permanent Amusement Ride Safety Inspection Fund as of
that date shall be transferred to the Elevator Safety Account to be
used for the same purpose, and any outstanding liabilities and
encumbrances of the fund shall become liabilities and encumbrances
payable from the Elevator Safety Account.
SEC. 35. Section 7929.5 of the Labor Code is amended to read:
7929.5. (a) The Permanent Amusement Ride Inspection Fund is
hereby created as a special account in the State Treasury. Proceeds
of the fund may be expended by the Department of Industrial
Relations, upon appropriation by the Legislature, for the costs of
the Permanent Amusement Ride Inspection Program established pursuant
to Part 8.1 (commencing with Section 7920) of Division 5 of the Labor
Code, and shall not be used for any other purpose.
(b) The fund shall consist of the fees collected pursuant to
Section 7929.
(c) This section shall become inoperative on June 30, 2007, and,
as of January 1, 2008, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2008, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 36. Section 13823.17 of the Penal Code is amended to read:
13823.17. (a) The Legislature finds the problem of domestic
violence in the gay, lesbian, bisexual, and transgender community to
be of serious and increasing magnitude. The Legislature also finds
that existing domestic violence services for this population are
underfunded and that members of this population are unserved or
underserved in the state. Therefore, it is the intent of the
Legislature that a goal or purpose of the Office of Emergency
Services (OES) shall be to increase access to culturally appropriate
domestic violence education, prevention, and services for the gay,
lesbian, bisexual, and transgender community.
(b) The goal of this section is to establish a targeted or
directed grant program for the development and support of domestic
violence programs and services for the gay, lesbian, bisexual, and
transgender community. The OES shall use funds from the Equality in
Prevention and Services for Domestic Abuse Fund to award up to four
grants annually to qualifying organizations, with at least one in
southern California and one in northern California, to fund domestic
violence programs and services including, but not limited to, all of
the following:
(1) Twenty-four-hour crisis hotlines.
(2) Counseling.
(3) Court and social service advocacy.
(4) Legal assistance with temporary restraining orders, devices,
and custody disputes.
(5) Community resource and referral.
(6) Household establishment assistance.
(7) Emergency housing.
(8) Educational workshops and publications.
(c) Each grant shall be awarded for a three-year term for the
purposes of this section.
(d) In order to qualify for a grant award under this section, the
recipient shall be a California nonprofit organization with a
demonstrated history of working in the area of domestic violence
education and prevention and serving the lesbian, gay, bisexual, and
transgender community.
(e) The funding process for distributing grant awards to
qualifying organizations shall be administered by the OES as follows:
(1) Grants that were not funded in the previous cycle shall be
awarded to qualifying organizations as a result of a competitive
request for proposal (RFP) process. The RFP process shall comply with
all applicable state and federal statutes and to the extent
possible, the response to the RFP shall not exceed 15 narrative
pages, excluding attachments.
(2) The following criteria shall be used to evaluate grant
proposals:
(A) Whether the proposed program or services would further the
purpose of promoting healthy, nonviolent relationships in the
lesbian, gay, bisexual and transgender community.
(B) Whether the proposed program or services would reach a
significant number of people in and have the support of the lesbian,
gay, bisexual, and transgender community.
(C) Whether the proposed program or services are grounded in a
firm understanding of domestic violence and represent an innovative
approach to addressing the issue.
(D) Whether the proposed program or services would reach unique
and underserved sectors of the lesbian, gay, bisexual, and
transgender community, such as youth, people of color, immigrants,
and transgender persons.
(3) Grant funds shall not be used to support any of the following:
(A) Scholarships.
(B) Awards to individuals.
(C) Out-of-state travel.
(D) Projects that are substantially completed before the
anticipated date of the grant award.
(E) Fundraising activities.
(4) Organizations reapplying for grants shall not be subject to a
competitive grant process, but shall be subject to a request for
application (RFA) process. The RFA process shall consist in part of
an assessment of the past performance history of the organization in
relation to the standards established by this section. The response
to the RFA shall not exceed 10 narrative pages, excluding
attachments.
(5) Any organization funded through this program in the previous
grant cycle shall be funded upon reapplication, unless, pursuant to
the assessment required under the RFA process, its past performance
history fails to meet the standards established by this section.
(f) Grant recipients may seek, receive, and make use of any funds
which may be available from all public and private sources to augment
any funds received pursuant to this section.
(g) The OES may adopt rules as necessary to implement the grant
program created under this section.
(h) The OES may hire the support staff and utilize all resources
necessary to carry out the purposes of this section.
(i) For purposes of this section, "domestic violence" means the
infliction or threat of physical harm against past or present adult
or adolescent intimate partners, including physical, sexual, and
psychological abuse against the person, and is a part of a pattern of
assaultive, coercive, and controlling behaviors directed at
achieving compliance from or control over that person.
SEC. 37. As of June 30, 2007, or upon enactment of this act,
whichever is later, the Agricultural Pest Control Research Account in
the Department of Food and Agriculture Fund is abolished and all
moneys in the account shall be transferred to the Transportation
Planning and Development Account in the State Transportation Fund. As
of that date, any outstanding liabilities and encumbrances of the
Agricultural Pest Control Research Account shall become payable from
the Transportation Planning and Development Account.
SEC. 38. It is the intent of the Legislature that appropriations
for the expenditure of funds deposited in the Regional Planning,
Housing, and Infill Incentive Account established under subdivision
(b) of Section 53545 of the Health and Safety Code be made to achieve
the following policy objectives:
(a) To encourage the development of high density infill housing
and mixed-use development for all levels of income at locations near
job centers and transit stations, thereby reducing vehicle trips,
commute times, vehicle miles traveled, and vehicle emissions.
(b) To invest in established, urban neighborhoods by producing new
housing and improving related neighborhood infrastructure, such as
city streets, parks, and sewer and utility hookups, cleaning up
brownfield sites, and furthering other similar or related purposes.
(c) To provide sustainable communities and affordable housing.
(d) To protect the state's rich agricultural farmland, open
spaces, and sensitive habitat.
(e) To promote the reuse and recycling of previously developed and
passed over land in urban areas, with a focus on environmentally
distressed properties, or what are more commonly known as
brownfields.
(f) To reward projects that are consistent with regional and local
planning processes and accomplish any of the following:
(1) Improve mobility and reduce dependency on single-occupant
vehicle trips.
(2) Accommodate an adequate supply of housing for all income
levels.
(3) Reduce impacts on valuable habitat, productive farmland, and
air quality.
(4) Conserve resources such as energy and water.
(5) Revitalize existing neighborhoods.
SEC. 39. Of the amount appropriated in Item 2240-101-6069 of
Section 2.00 of the Budget Act of 2007, the following allocations
shall be made as follows:
(a) Two hundred-forty million dollars ($240,000,000), shall be
made available in the 2007-08 fiscal year for the grant program
established in Section 53545.13 of the Health and Safety Code, as
added by Section 28 of this act.
(b) Sixty million dollars ($60,000,000), shall be made available
in the 2007-08 fiscal year for the loan and grant program established
in Section 53545.14 of the Health and Safety Code, as added by
Section 29 of this act.
SEC. 40. The provisions of this act are severable. If any
provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
SEC. 41. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to make the necessary statutory changes to implement the
Budget Act of 2007 at the earliest possible time, it is necessary
that this act take effect immediately.