BILL NUMBER: SB 71	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 30, 2012
	PASSED THE ASSEMBLY  AUGUST 29, 2012
	AMENDED IN ASSEMBLY  AUGUST 27, 2012
	AMENDED IN ASSEMBLY  AUGUST 24, 2012
	AMENDED IN ASSEMBLY  JUNE 14, 2011
	AMENDED IN ASSEMBLY  MARCH 14, 2011

INTRODUCED BY   Senator Leno

                        JANUARY 10, 2011

   An act to amend Sections 1917.1, 2028.5, 3627, 4076.5, 5092, 5093,
5094.6, 12104, and 19622.2 of, and to repeal Sections 2023, 2028,
2168.5, 3628, 3640.1, 5094.5, and 7139.7 of, the Business and
Professions Code, to repeal Section 9527 of the Commercial Code, to
amend Sections 14030.2, 14037.7, and 14076 of the Corporations Code,
to amend Sections 1986, 17285, 17292.5, 20080, 22352, 24400, 42263,
48005.45, 52314, 53101, and 66040.7 of, and to repeal Sections 8007,
18884, 20081, 20082, and 22218.5 of, the Education Code, to amend
Sections 7571 and 17555 of the Family Code, to amend Sections 456,
1727, 1850, 2079, 2086, 2861, and 7862 of, and to repeal Sections
1363.5, 1851, 3409, 3864, 4904, and 8610.10 of the Fish and Game
Code, to repeal Sections 12794.5, 54446, and 58591 of the Food and
Agricultural Code, to amend Sections 8169.5, 8587.5, 13103.5, 14453,
14613.7, 15438.6, 16367.5, 16428.6, 17562, 19849.11, 22959.6, 30061,
and 64000 of, to repeal Sections 8164, 11535, 12805.4, 14051,
14556.36, 14714, 15813.6, 20233, and 20238 of, to repeal Article 3
(commencing with Section 11675) of Chapter 6 of Part 1 of Division 3
of Title 2 of, to repeal Article 5 (commencing with Section 14760) of
Chapter 5 of Part 5.5 of Division 3 of Title 2 of, the Government
Code, to repeal Sections 63.6 and 1159.5 of the Harbors and
Navigation Code, to amend Sections 1342.7, 1357.16, 1626, 24275,
25150.7, 25174, 25299.50, 43105.5, 44003, 44014.6, 44024, 44081.6,
44100, 44104.5, 100500, 104200, 109951, 110552, 111198, 120910,
120955, 121285, 121340, 123516, 124174.5, 124590, 128600, and 130252
of, and to repeal Sections 25244.11, 25299.112, 102920, 103641,
120476, 124925, and 128557.5 of, the Health and Safety Code, to amend
Section 15002 of, to repeal Section 1872.1 of the Insurance Code, to
amend Sections 111, 3201.5, 3201.7, 3716.1, 4755, and 5502 of the
Labor Code, to amend Section 431 of the Military and Veterans Code,
to amend Sections 3049.5, 3050, 4801, 6131, 6242.6, 8061,
11166,11501, 13777, and 13847 of, and to repeal Section 1174.7 of,
the Penal Code, to amend Sections 4124, 4137, 4214, 5004.5, 5095.53,
5096.162, 5096.242, 5096.320, 5096.340, 5631, 6217.8, 6331.5,
25401.9, 25722.5, 25722.8, 32556, 41821.5, and 71211 of, to amend,
repeal, and add Section 30404 of, to repeal Sections 4612, 5632,
12290, 12291, 29773.5, 30533, 32556.2, 42889.3, 47123, and 5096.829
of, the Public Resources Code, to amend Section 185032 of, to repeal
Section 9502 of, the Public Utilities Code, to amend Sections 8352.4
and 10752.2 of the Revenue and Taxation Code, to amend Sections 97,
164.56, 182.8, 2424, and 30161.5 of the Streets and Highways Code, to
repeal Section 9907 of the Unemployment Insurance Code, to amend
Sections 9250.7, 9250.14, and 9250.19 of the Vehicle Code, to amend
Sections 162, 1228.2, 13369, 13396.9, 79083, and 79555 of, and to
repeal Sections 138.9 and 78684.13 of, and to repeal Chapter 4
(commencing with Section 80250) of Division 27 of, the Water Code, to
amend Sections 1760.8, 4024, 6601, 10605.2, 10614.5, 10791, 11265.5,
11462, 14005.30, 14021.31, 14022.4, 14067, 14087.305, 14089,
14089.05, 14091.3, 14094.3, 14132, 14133.9, 14161, 14521.1, 14701,
18901.2, and 18993.8 of, and to repeal Section 19106 of, the Welfare
and Institutions Code, to amend Section 2 of Chapter 133 of the
Statutes of 1984, to amend Section 1 of Chapter 1436 of the Statutes
of 1988, to amend Section 5 of Chapter 585 of the Statutes of 1993,
to amend Section 3 of Chapter 1030 of the Statutes of 1993, to amend
Section 1 of Chapter 561 of the Statutes of 1997, to amend Section 8
of Chapter 329 of the Statutes of 2000, to amend Section 2 of Chapter
790 of the Statutes of 2000, to amend Section 5 of Chapter 7 of the
First Extraordinary Session of 2001, to amend Section 24 of Chapter
1127 of the Statutes of 2002, to amend Section 37 of Chapter 80 of
the Statutes of 2005, to amend Item 0690-102-0001 of Section 2.00 of
the Budget Act of 2006 (Chapter 47 of the Statutes of 2006), to amend
Item 0690-102-0001 of Section 2.00 of the Budget Act of 2007
(Chapter 171 of the Statutes of 2007), to amend Section 41 of Chapter
177 of the Statutes of 2007, to repeal Section 3 of Chapter 1397 of
the Statutes of 1988, to repeal Resolution Chapter 173 of the
Statutes of 1989, to repeal Resolution Chapter 12 of the Statutes of
1990, to repeal Section 1 of Chapter 452 of the Statutes of 1996, to
repeal Section 3 of Chapter 791 of the Statutes of 1997, to repeal
Section 51 of Chapter 171 of the Statutes of 2001, to repeal Section
2 of Chapter 87 of the Statutes of 2003, to repeal the second Section
2 of Chapter 642 of the Statutes of 2007, to repeal Section 72 of
Chapter 758 of the Statutes of 2008, to repeal Section 38 of Chapter
759 of the Statutes of 2008, to repeal Section 173 of Chapter 717 of
the Statutes of 2010, and to repeal Sections 37 and 38 of Chapter 6
of the Statutes of 2011, relating to state government.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 71, Leno. State agencies: boards, commissions, and reports.
   (1) Existing law requires various state agencies to submit certain
reports, plans, evaluations, and other similar documents to the
Legislature and other state agencies.
   This bill would eliminate the requirement that certain state
agencies submit certain reports to the Legislature and other state
agencies relating to a variety of subjects. The bill would also
modify various requirements of certain reports by, among other ways,
requiring specified reports be placed on the Internet Web site of the
reporting agency rather than submitted to the Legislature or other
state agencies, requiring certain agencies to collaborate with other
agencies in preparing specified reports, consolidating certain
reports, deleting the requirement that specified state agencies make
specified information available on their Internet Web sites, and
transferring reporting duties from one agency to another.
   This bill would make various conforming changes.
   (2) Existing law requires the Secretary of the Natural Resources
Agency to convene a committee to develop and submit to the Governor
and the Legislature, on or before December 31, 2008, a Strategic
Vision for a Sustainable Sacramento-San Joaquin Delta.
   This bill would repeal the provisions establishing that committee.

   (3) Existing law, the Naturopathic Doctors Act, provides for the
licensure and regulation of naturopathic doctors by the Naturopathic
Medicine Committee within the Osteopathic Medical Board of
California. Existing law also requires the committee to establish a
naturopathic childbirth attendance advisory subcommittee to issue
recommendations concerning the practice of naturopathic childbirth
attendance based upon a review of naturopathic medical education and
training, as specified.
   This bill would repeal the provisions providing for the
establishment of this subcommittee.
   (4) Existing law provides for the licensure and regulation of
accountants by the California Board of Accountancy. Existing law
requires an applicant for an accountancy license to complete a
minimum of 24 semester units in accounting subjects and a minimum of
24 semester units in business-related subjects. Existing law, on and
after January 1, 2014, requires an applicant for an accountancy
license to complete an additional 10 semester units or 15 quarter
units in ethics study and 20 units in accounting study. Existing law
establishes the Advisory Committee on Accounting Ethics Curriculum
within the jurisdiction of the board to, by January 1, 2012,
recommend guidelines for the ethics study requirement to the board.
   This bill would repeal the provisions establishing the Advisory
Committee on Accounting Ethics Curriculum and would make related
conforming and technical changes.
   (5) Existing law establishes the Committee of Executive Salaries,
and requires the committee to study issues relating to executive
salaries in the private and public sector, and to report to the
Legislature on a biannual basis its findings and recommended changes.

   This bill would repeal the provisions establishing the committee.
   (6) Existing law requires the State Department of Public Health to
regulate certain types of candy, as defined, and requires the
department to convene an interagency collaborative to serve as an
oversight committee for the implementation of those provisions and to
work with the department in establishing and revising the required
standards.
   This bill would repeal those provisions establishing the
interagency collaborative and would make technical and conforming
changes.
   (7) Existing law creates the Fraud Division within the Department
of Insurance to enforce specific provisions of law regarding crimes
against insured property and insurance fraud reporting. Existing law
creates the advisory committee on automobile insurance fraud and
economic automobile theft prevention within the division to recommend
ways to coordinate the investigation, prosecution, and prevention of
automobile insurance claims fraud, and to provide assistance to the
division towards implementing the goal of reducing the frequency and
severity of fraudulent automobile insurance claims, among other
things.
   This bill would repeal the provisions establishing the advisory
committee.
   (8) This bill would make various technical and conforming changes.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1917.1 of the Business and Professions Code is
amended to read:
   1917.1.  (a) The committee may grant a license as a registered
dental hygienist to an applicant who has not taken a clinical
examination before the committee, if the applicant submits all of the
following to the committee:
   (1) A completed application form and all fees required by the
committee.
   (2) Proof of a current license as a registered dental hygienist
issued by another state that is not revoked, suspended, or otherwise
restricted.
   (3) Proof that the applicant has been in clinical practice as a
registered dental hygienist or has been a full-time faculty member in
an accredited dental hygiene education program for a minimum of 750
hours per year for at least five years preceding the date of his or
her application under this section. The clinical practice requirement
shall be deemed met if the applicant provides proof of at least
three years of clinical practice and commits to completing the
remaining two years of clinical practice by filing with the committee
a copy of a pending contract to practice dental hygiene in any of
the following facilities:
   (A) A primary care clinic licensed under subdivision (a) of
Section 1204 of the Health and Safety Code.
   (B) A primary care clinic exempt from licensure pursuant to
subdivision (c) of Section 1206 of the Health and Safety Code.
   (C) A clinic owned or operated by a public hospital or health
system.
   (D) A clinic owned and operated by a hospital that maintains the
primary contract with a county government to fill the county's role
under Section 17000 of the Welfare and Institutions Code.
   (4) Satisfactory performance on a California law and ethics
examination and any examination that may be required by the
committee.
   (5) Proof that the applicant has not been subject to disciplinary
action by any state in which he or she is or has been previously
licensed as a registered dental hygienist or dentist. If the
applicant has been subject to disciplinary action, the committee
shall review that action to determine if it warrants refusal to issue
a license to the applicant.
   (6) Proof of graduation from a school of dental hygiene accredited
by the Commission on Dental Accreditation.
   (7) Proof of satisfactory completion of the Dental Hygiene
National Board Examination and of a state or regional clinical
licensure examination.
   (8) Proof that the applicant has not failed the examination for
licensure to practice dental hygiene under this chapter more than
once or once within five years prior to the date of his or her
application for a license under this section.
   (9) Documentation of completion of a minimum of 25 units of
continuing education earned in the two years preceding application,
including completion of any continuing education requirements imposed
by the committee on registered dental hygienists licensed in this
state at the time of application.
   (10) Any other information as specified by the committee to the
extent that it is required of applicants for licensure by examination
under this article.
   (b) The committee may periodically request verification of
compliance with the requirements of paragraph (3) of subdivision (a),
and may revoke the license upon a finding that the employment
requirement or any other requirement of paragraph (3) of subdivision
(a) has not been met.
   (c) The committee shall provide in the application packet to each
out-of-state dental hygienist pursuant to this section the following
information:
   (1) The location of dental manpower shortage areas in the state.
   (2) Any not-for-profit clinics, public hospitals, and accredited
dental hygiene education programs seeking to contract with licensees
for dental hygiene service delivery or training purposes.
  SEC. 2.  Section 2023 of the Business and Professions Code is
repealed.
  SEC. 3.  Section 2028 of the Business and Professions Code is
repealed.
  SEC. 4.  Section 2028.5 of the Business and Professions Code is
amended to read:
   2028.5.  (a) The board may establish a pilot program to expand the
practice of telemedicine in this state.
   (b) To implement this pilot program, the board may convene a
working group of interested parties from the public and private
sectors, including, but not limited to, state health-related
agencies, health care providers, health plan administrators,
information technology groups, and groups representing health care
consumers.
   (c) The purpose of the pilot program shall be to develop methods,
using a telemedicine model, to deliver throughout the state health
care to persons with chronic diseases as well as information on the
best practices for chronic disease management services and techniques
and other health care information as deemed appropriate.
  SEC. 5.  Section 2168.5 of the Business and Professions Code is
repealed.
  SEC. 6.  Section 3627 of the Business and Professions Code is
amended to read:
   3627.  (a) The committee shall establish a naturopathic formulary
advisory subcommittee to determine a naturopathic formulary based
upon a review of naturopathic medical education and training.
   (b) The naturopathic formulary advisory subcommittee shall be
composed of an equal number of representatives from the clinical and
academic settings of physicians and surgeons, pharmacists, and
naturopathic doctors.
   (c) The naturopathic formulary advisory subcommittee shall review
naturopathic education, training, and practice and make specific
recommendations regarding the prescribing, ordering, and furnishing
authority of a naturopathic doctor and the required supervision and
protocols for those functions.
  SEC. 7.  Section 3628 of the Business and Professions Code is
repealed.
  SEC. 8.  Section 3640.1 of the Business and Professions Code is
repealed.
  SEC. 9.  Section 4076.5 of the Business and Professions Code is
amended to read:
   4076.5.  (a) The board shall promulgate regulations that require,
on or before January 1, 2011, a standardized, patient-centered,
prescription drug label on all prescription medicine dispensed to
patients in California.
   (b) To ensure maximum public comment, the board shall hold public
meetings statewide that are separate from its normally scheduled
hearings in order to seek information from groups representing
consumers, seniors, pharmacists or the practice of pharmacy, other
health care professionals, and other interested parties.
   (c) When developing the requirements for prescription drug labels,
the board shall consider all of the following factors:
   (1) Medical literacy research that points to increased
understandability of labels.
   (2) Improved directions for use.
   (3) Improved font types and sizes.
   (4) Placement of information that is patient-centered.
   (5) The needs of patients with limited English proficiency.
   (6) The needs of senior citizens.
   (7) Technology requirements necessary to implement the standards.
   (d) The board may exempt from the requirements of regulations
promulgated pursuant to subdivision (a) prescriptions dispensed to a
patient in a health facility, as defined in Section 1250 of the
Health and Safety Code, if the prescriptions are administered by a
licensed health care professional. Prescriptions dispensed to a
patient in a health facility that will not be administered by a
licensed health care professional or that are provided to the patient
upon discharge from the facility shall be subject to the
requirements of this section and the regulations promulgated pursuant
to subdivision (a). Nothing in this subdivision shall alter or
diminish existing statutory and regulatory informed consent, patients'
rights, or pharmaceutical labeling and storage requirements,
including, but not limited to, the requirements of Section 1418.9 of
the Health and Safety Code or Section 72357, 72527, or 72528 of Title
22 of the California Code of Regulations.
   (e) (1) The board may exempt from the requirements of regulations
promulgated pursuant to subdivision (a) a prescription dispensed to a
patient if all of the following apply:
   (A) The drugs are dispensed by a JCAHO-accredited home infusion or
specialty pharmacy.
   (B) The patient receives health-professional-directed education
prior to the beginning of therapy by a nurse or pharmacist.
   (C) The patient receives weekly or more frequent followup contacts
by a nurse or pharmacist.
   (D) Care is provided under a formal plan of care based upon a
physician and surgeon's orders.
   (2) For purposes of paragraph (1), home infusion and specialty
therapies include parenteral therapy or other forms of administration
that require regular laboratory and patient monitoring.
  SEC. 10.  Section 5092 of the Business and Professions Code is
amended to read:
   5092.  (a) To qualify for the certified public accountant license,
an applicant who is applying under this section shall meet the
education, examination, and experience requirements specified in
subdivisions (b), (c), and (d), or otherwise prescribed pursuant to
this article. The board may adopt regulations as necessary to
implement this section.
   (b) An applicant for the certified public accountant license shall
present satisfactory evidence that the applicant has completed a
baccalaureate or higher degree conferred by a college or university,
meeting, at a minimum, the standards described in Section 5094, the
total educational program to include a minimum of 24 semester units
in accounting subjects and 24 semester units in business related
subjects. This evidence shall be provided prior to admission to the
examination for the certified public accountant license, except that
an applicant who applied, qualified, and sat for at least two
subjects of the examination for the certified public accountant
license before May 15, 2002, may provide this evidence at the time of
application for licensure.
   (c) An applicant for the certified public accountant license shall
pass an examination prescribed by the board pursuant to this
article.
   (d) The applicant shall show, to the satisfaction of the board,
that the applicant has had two years of qualifying experience. This
experience may include providing any type of service or advice
involving the use of accounting, attest, compilation, management
advisory, financial advisory, tax, or consulting skills. To be
qualifying under this section, experience shall have been performed
in accordance with applicable professional standards. Experience in
public accounting shall be completed under the supervision or in the
employ of a person licensed or otherwise having comparable authority
under the laws of any state or country to engage in the practice of
public accountancy. Experience in private or governmental accounting
or auditing shall be completed under the supervision of an individual
licensed by a state to engage in the practice of public accountancy.

   (e) This section shall become inoperative on January 1, 2014, but
shall become or remain operative if either the educational
requirements in ethics study and accounting study established by
subdivision (b) of Section 5093 and Section 5094.6 are reduced or
eliminated or if the practice privilege requirements of Sections 5096
to 5096.15, inclusive, are amended or repealed.
   (f) The amendment to Section 5096.12 made by the act adding this
subdivision shall not be deemed an amendment of that section for
purposes of subdivision (e).
  SEC. 11.  Section 5093 of the Business and Professions Code is
amended to read:
   5093.  (a) To qualify for the certified public accountant license,
an applicant who is applying under this section shall meet the
education, examination, and experience requirements specified in
subdivisions (b), (c), and (d), or otherwise prescribed pursuant to
this article. The board may adopt regulations as necessary to
implement this section.
   (b) (1) An applicant for admission to the certified public
accountant examination under the provisions of this section shall
present satisfactory evidence that the applicant has completed a
baccalaureate or higher degree conferred by a degree-granting
university, college, or other institution of learning accredited by a
regional or national accrediting agency included in a list of these
agencies published by the United States Secretary of Education under
the requirements of the federal Higher Education Act of 1965, as
amended (20 U.S.C. Sec. 1001 et seq.), or meeting, at a minimum, the
standards described in subdivision (c) of Section 5094. The total
educational program shall include a minimum of 24 semester units in
accounting subjects and 24 semester units in business-related
subjects. This evidence shall be provided at the time of application
for admission to the examination, except that an applicant who
applied, qualified, and sat for at least two subjects of the
examination for the certified public accountant license before May
15, 2002, may provide this evidence at the time of application for
licensure.
   (2) An applicant for issuance of the certified public accountant
license under the provisions of this section shall present
satisfactory evidence that the applicant has completed at least 150
semester units of college education including a baccalaureate or
higher degree conferred by a college or university, meeting, at a
minimum, the standards described in Section 5094, the total
educational program to include a minimum of 24 semester units in
accounting subjects, 24 semester units in business-related subjects,
and, after December 31, 2013, shall also include a minimum of 10
units of ethics study consistent with the requirements set forth in
Section 5094.3 and 20 units of accounting study consistent with the
regulations promulgated under subdivision (a) of Section 5094.6. This
evidence shall be presented at the time of application for the
certified public accountant license. Nothing herein shall be deemed
inconsistent with Section 5094 or 5094.6. Nothing herein shall be
construed to be inconsistent with prevailing academic practice
regarding the completion of units.
   (c) An applicant for the certified public accountant license shall
pass an examination prescribed by the board.
   (d) The applicant shall show, to the satisfaction of the board,
that the applicant has had one year of qualifying experience. This
experience may include providing any type of service or advice
involving the use of accounting, attest, compilation, management
advisory, financial advisory, tax or consulting skills. To be
qualifying under this section, experience shall have been performed
in accordance with applicable professional standards. Experience in
public accounting shall be completed under the supervision or in the
employ of a person licensed or otherwise having comparable authority
under the laws of any state or country to engage in the practice of
public accountancy. Experience in private or governmental accounting
or auditing shall be completed under the supervision of an individual
licensed by a state to engage in the practice of public accountancy.

   (e) Applicants completing education at a college or university
located outside of this state, meeting, at a minimum, the standards
described in Section 5094, shall be deemed to meet the educational
requirements of this section if the board determines that the
education is substantially equivalent to the standards of education
specified under this chapter.
  SEC. 12.  Section 5094.5 of the Business and Professions Code is
repealed.
  SEC. 13.  Section 5094.6 of the Business and Professions Code is
amended to read:
   5094.6.  (a) The board shall, no later than January 1, 2012, by
regulation, adopt guidelines for accounting study to be included as
part of the education required under Section 5093. In promulgating
these regulations, the board shall consider the views of the
Accounting Education Advisory Committee established under Section
5094.7.
    (b) No later than six months following the issuance of the report
by the California Research Bureau regarding the Uniform Accountancy
Act's 150-hour rule, the board shall hold a hearing on the report. At
the hearing, the board shall make recommendations, based on that
report, to the National Association of State Boards of Accountancy
and the American Institute of Certified Public Accountants for
ensuring the relevancy of accountancy education to the modern
practice of accounting and shall approve a plan for the board to seek
the adoption of those recommendations and any others the board may
recommend related to enforcement and Internet disclosure.
    (c) For purposes of this section,
    "accounting study" means independent study or other academic work
in accounting, business, ethics, business law, or other academic
work relevant to accounting and business, so as to enhance the
competency of students as practitioners.
  SEC. 14.  Section 7139.7 of the Business and Professions Code is
repealed.
  SEC. 15.  Section 12104 of the Business and Professions Code is
amended to read:
   12104.  (a) The department shall issue instructions and make
recommendations to the county sealers, and the instructions and
recommendations shall govern the procedure to be followed by these
officers in the discharge of their duties.
   (b) Instructions and recommendations which are made to insure
statewide weights and measures protection shall include a local
administration cost analysis utilizing data provided by the county
sealer. The cost analysis shall identify the joint programs or
activities for which funds necessary to maintain adequate county
administration and enforcement have not been provided. The director
shall develop, jointly with the county sealers, county priorities for
the enforcement programs and activities of the director.
  SEC. 16.  Section 19622.2 of the Business and Professions Code is
amended to read:
   19622.2.  (a) The authority of the Department of Food and
Agriculture shall include, but is not limited to, requiring district
agricultural associations to meet all applicable standards prescribed
by the Department of Food and Agriculture.
   (b) The department may delegate approval authority for such
matters as the department may determine to the board of directors if
the board complies with this section.
   (c) Notwithstanding any other law, and in order to protect the
integrity of the Fair and Exposition Fund, the department may assume
any or all rights, duties, and powers of the board of directors of a
district agricultural association if the department reasonably
determines that there is insufficient fiscal or administrative
control. The board of directors shall again exercise these rights,
duties, and powers when the department determines that the fair is in
compliance with this section.
   (d) The department may petition a court of competent jurisdiction
for an order appointing the department, or a person designated by the
department, as a receiver if it determines that the fair is
insolvent, or is in imminent danger of insolvency. The court shall
appoint a receiver upon a showing that the fair is insolvent, or is
in imminent danger of insolvency.
   (e) For the purposes of this section, "insolvency" means that the
district agricultural association is unable to discharge its debts as
they become due in the usual course of business.
  SEC. 17.  Section 9527 of the Commercial Code is repealed.
  SEC. 18.  Section 14030.2 of the Corporations Code is amended to
read:
   14030.2.  (a) The director may establish accounts within the
expansion fund for loan guarantees and surety bond guarantees,
including loan loss reserves. Each account is a legally separate
account, and shall not be used to satisfy loan or surety bond
guarantees or other obligations of another corporation. The director
shall recommend whether the expansion fund and trust fund accounts
are to be leveraged, and if so, by how much. Upon the request of the
corporation, the director's decision may be repealed or modified by a
board resolution.
   (b) Annually, not later than January 1 of each year commencing
January 1, 1996, the director shall prepare a report regarding the
loss experience for the expansion fund for loan guarantees and surety
bond guarantees for the preceding fiscal year. At a minimum, the
report shall also include data regarding numbers of surety bond and
loan guarantees awarded through the expansion fund, including
ethnicity and gender data of participating contractors and other
entities, and experience of surety insurer participants in the bond
guarantee program. The report shall include the information described
in Section 14076 of the Corporations Code. The director shall submit
that report to the Secretary of Business, Transportation and Housing
for transmission to the Governor and the Legislature.
  SEC. 19.  Section 14037.7 of the Corporations Code is amended to
read:
   14037.7.  Pursuant to subdivision (f) of Section 8684.2 of the
Government Code, within 60 days of the conclusion of the period for
guaranteeing loans under any small business disaster loan guarantee
program conducted for a disaster as authorized by Section 8684.2 of
the Government Code or Section 14075, the agency shall provide a
report to the Legislature on loan guarantees approved and rejected by
gender, ethnic group, type of business and location, and each
participating loan institution. The agency need only submit one
report to comply with this section and subdivision (f) of Section
8684.2 of the Government Code.
  SEC. 20.  Section 14076 of the Corporations Code, as added by
Section 8 of Chapter 601 of the Statutes of 2007, is amended to read:

   14076.  (a) It is the intent of the Legislature that the
corporations make maximal use of their statutory authority to
guarantee loans and surety bonds, including the authority to secure
loans with a minimum loan loss reserve of only 25 percent, unless the
agency authorizes a higher leverage ratio for an individual
corporation pursuant to subdivision (b) of Section 14037, so that the
financing needs of small business may be met as fully as possible
within the limits of corporations' loan loss reserves. The agency
shall report annually to the Legislature on the financial status of
the corporations and their portfolio of loans and surety bonds
guaranteed. The agency shall include this information in the annual
report submitted to the Legislature by the director pursuant to
subdivision (b) of Section 14030.2.
   (b) Any corporation that serves an area declared to be in a state
of emergency by the Governor or a disaster area by the President of
the United States, the Administrator of the United States Small
Business Administration, or the United States Secretary of
Agriculture shall increase the portfolio of loan guarantees where the
dollar amount of the loan is less than one hundred thousand dollars
($100,000), so that at least 15 percent of the dollar value of loans
guaranteed by the corporation is for those loans. The corporation
shall comply with this requirement within one year of the date the
emergency or disaster is declared. Upon application of a corporation,
the director may waive or modify the rule for the corporation if the
corporation demonstrates that it made a good faith effort to comply
and failed to locate lending institutions in the region that the
corporation serves that are willing to make guaranteed loans in that
amount.
   (c) This section shall become operative on January 1, 2013.
  SEC. 21.  Section 1986 of the Education Code is amended to read:
   1986.  (a) The Legislature hereby recognizes that community
schools are a permissive educational program.
   (b) If a county superintendent of schools elects to operate a
community school pursuant to this chapter, he or she shall do one or
more of the following:
   (1) Utilize available school facilities that conform to the
requirements of Part 2 (commencing with Section 2-101), Part 3
(commencing with Section 3-089-1), Part 4 (commencing with Section
4-403), and Part 5 (commencing with Section 5-102), of Title 24 of
the California Code of Regulations.
   (2) Apply for emergency portable classrooms pursuant to Section
17717.2 or Chapter 25 (commencing with Section 17785) of Part 10.
   (3) Enter into lease agreements provided that the facilities are
limited to one of the following:
   (A) Single story, wood-framed structure.
   (B) Single story, light steel frame structure.
   (C) A structure where a structural engineer has submitted a report
that determines substantial structural hazards do not exist. The
county board of education shall review the report prior to approval
of the lease and may reject the report if there is any evidence of
fraud regarding the facts in the report.
   (c) Before entering into any lease pursuant to paragraph (3) of
subdivision (b), the county superintendent of schools shall certify
that all reasonable efforts have been made to locate community
schools in facilities that conform to the structural safety standards
listed in paragraph (1) of subdivision (b).
   (d) This section shall become operative on July 1, 1990.
  SEC. 22.  Section 8007 of the Education Code is repealed.
  SEC. 23.  Section 17285 of the Education Code is amended to read:
   17285.  (a) Notwithstanding any provision of law except Sections
17286, 17287, 17405, and this section, a leased building that does
not meet the requirements of Section 17280 may not be used as a
school building, as defined in Section 17283, after September 1,
1990.
   (b) A school district may lease a commercial building prior to
January 1, 2003, that does not meet the requirements of Section
17280, for use as a school building, as defined in Section 17283, if
the governing board of the district finds that all of the following
conditions have been met:
   (1) The building was constructed in accordance with seismic safety
standards for commercial buildings constructed within an earthquake
zone.
   (2) The building permit for the initial construction of the
building was issued on or after January 1, 1990.
   (3) A structural engineer has inspected the building and submitted
a report to the governing board of the school district that
certifies that the building is in substantial compliance with the
requirements of the Field Act. This certification requirement is
satisfied if the structural engineer affixes his or her seal of
approval to the report and he or she attests in that report that to
the best of his or her knowledge:
   (A) He or she has reviewed the design calculations, construction
documents, and the local government construction inspection records
of the building to the extent available.
   (B) He or she has authorized testing and has observed or reviewed
the test results and the inspections of an adequate sample of the
structure's welds, anchor
   bolts, and other structural elements.
   (C) He or she has observed that the overhead nonstructural
elements, including, but not limited to, light fixtures, heating, and
air-conditioning diffusers are adequately braced or anchored.
   The governing board of the school district shall submit the report
to the Division of the State Architect for its review. The Division
of the State Architect has one month to review the report for
compliance with the above requirements, and to provide feedback to
the structural engineer regarding any insufficiencies with the
report, and whether or not the building is in substantial compliance
with the requirements of the Field Act. If the Division of the State
Architect does not respond within one month of the final and complete
report being submitted, the Division of the State Architect will be
deemed to have concurred with the structural engineer's report. A
final decision by the governing board of the school district to
occupy the building for school purposes shall not occur until the
governing board has reviewed and considered the feedback of the
Division of the State Architect, or the one month review period has
passed.
   No member of the governing board of a school district, nor any
employee of a school district, shall be held personally liable for
injury to persons or damage to property resulting from the fact that
the governing board of the school district used a commercial building
pursuant to this subdivision for a school and the building was not
constructed under the requirements of Section 17280. This exemption
from personal liability for members of the governing board and
employees of a school district is not intended to limit the liability
of the school district for injury to persons or damage to property
resulting from the fact that the governing board or any employee of
the school district used a commercial building pursuant to this
subdivision for a school and the building was not constructed under
the requirements of Section 17280. This exemption from personal
liability for members of the governing board and employees of a
school district is not intended to limit the liability of the school
district, the governing board or the district's employees pursuant to
Section 835 of the Government Code. Section 17312 is not applicable
to a person who, pursuant to this section, leases or uses a building
for a school building that meets the requirements of this section but
does not meet the requirements of Section 17280. Approval and use of
a building pursuant this subdivision does not constitute a violation
of the Field Act.
   (c) A building leased pursuant to Section 17280 may be used after
September 1, 1991, as a regional occupational center or program that
does not meet the requirements of Section 17280, provided the
building satisfies all of the following conditions:
   (1) The facility is one of the following:
   (A) A single-story, wood-framed structure.
   (B) A single-story, light steel frame structure.
   (C) A structure for which a structural engineer has submitted a
report that certifies that substantial structural hazards do not
exist, as to that structure. The governing board of the regional
occupational center or program, as provided for under Section
52310.5, shall review the report prior to approval of the lease and
may reject the report if there is any evidence of fraud regarding the
facts in the report.
   (2) The building or structure complies with all applicable local
building standards and all applicable local health and safety
standards in the community in which it is located.
   (3) The governing board of the regional occupational center or
program, as provided for under Section 52310.5, certifies to the
State Allocation Board that reasonable efforts have been made to
locate the regional occupational center or program in facilities that
conform to the seismic safety standards set forth in Part 2
(commencing with Section 2-101), Part 3 (commencing with Section
3-089-1), Part 4 (commencing with Section 4-403), and Part 5
(commencing with Section 5-102), of Title 24 of the California Code
of Regulations.
  SEC. 24.  Section 17292.5 of the Education Code is amended to read:

   17292.5.  (a) If the governing board of a school district operates
a program for expelled pupils, the governing board shall do one or
more of the following:
   (1) Utilize available school facilities that conform to the
requirements of Part 2 (commencing with Section 2-101), Part 3
(commencing with Section 3-089-1), Part 4 (commencing with Section
4-403), and Part 5 (commencing with Section 5-102), of Title 24 of
the California Code of Regulations.
   (2) Apply for emergency portable classrooms pursuant to Chapter 25
(commencing with Section 17085) of Part 10.
   (3) Enter into lease agreements for facilities, provided that the
facilities are limited to a structure where a structural engineer has
submitted a report that determines substantial structural hazards do
not exist.
   (b) Before entering into any lease pursuant to paragraph (3) of
subdivision (a), the governing board of the school district shall
certify to the State Allocation Board that all reasonable efforts
have been made to locate the program in facilities that conform to
the structural safety standards listed in paragraph (1) of
subdivision (a).
  SEC. 25.  Section 18884 of the Education Code is repealed.
  SEC. 26.  Section 20080 of the Education Code is amended to read:
   20080.  The endowment shall undertake a comprehensive survey of
the state of cultural and historical preservation, accessibility, and
interpretation in California. In conducting the survey, the
endowment shall coordinate with existing state agencies, including
the California Arts Council, the Department of Parks and Recreation,
and the Secretary of State. The report shall include all of the
following:
   (a) A survey of elements in California's existing assemblage of
buildings, sites, artifacts, museums, cultural landscapes, trails,
illustrations, the arts and artistic expressions, written materials,
and displays and interpretive centers that are missing or
underrepresented, such as if current facilities, materials, and
services leave out, misrepresent, or inadequately present some
important thread of the story of California as a unified society or
of the many groups of people that together comprise historic and
modern California.
   (b) Recommendations for steps that should be taken to fill in the
missing or underrepresented elements identified in subdivision (a).
   (c) Recommendations for the manner of transferring the Office of
Historic Preservation in the Department of Parks and Recreation to
the endowment, consistent with the Legislature's intent expressed in
Section 20052.5.
   (d) Recommendations for additional steps that should be taken to
better preserve and administer cultural and historic resources
efficiently and effectively, including additional actions that should
be taken to improve the governmental structures responsible for
historic and cultural preservation in California, including oversight
and support of museums. In particular, the endowment shall examine
the feasibility and desirability of establishing the endowment as a
separate institution in state government, without ties to any
existing agency or department, although under the general authority
of the Governor. The endowment shall also identify the most
appropriate chair, or the most appropriate method for selecting the
chair, of its board.
   (e) A survey of the capacities and fiscal conditions of public,
nonprofit, and other private entities in California that provide
cultural and historical facilities and services, including museums.
   (f) Recommendations for the future financing of cultural and
historical programs provided by public agencies and nonprofit
agencies in California, including museums.
   (g) Recommendations for programs to encourage the historic
maintenance and restoration of properties in private ownership,
including, but not limited to, a state tax credit for restoration of
historic properties that maintain historic integrity, property tax
deferral as long as a property's historic integrity is maintained,
and low interest loans.
   (h) A study of the economic impact of the preservation and
interpretation of cultural and historic resources in the state. This
should include the economic benefits resulting from the preservation
of historic commercial and residential properties and sites, and from
historic and cultural tourism activities.
  SEC. 27.  Section 20081 of the Education Code is repealed.
  SEC. 28.  Section 20082 of the Education Code is repealed.
  SEC. 29.  Section 22218.5 of the Education Code is repealed.
  SEC. 30.  Section 22352 of the Education Code is amended to read:
   22352.  Upon a finding by the board that necessary investment
expertise is not available within existing civil service
classifications, and with the approval of the State Personnel Board,
the board may contract with qualified investment managers having
demonstrated expertise in the management of large and diverse
investment portfolios to render service in connection with the
investment program of the board.
  SEC. 31.  Section 24400 of the Education Code is amended to read:
   24400.  The Legislature recognizes that inflation erodes the
purchasing power of benefits paid under the plan under this part. It
is the intent of the Legislature to understand the degree of erosion
of these benefits.
  SEC. 32.  Section 42263 of the Education Code is amended to read:
   42263.  (a) Commencing in the 1990-91 fiscal year, year-round
school grants, in addition to those grants authorized under Section
42262, shall be awarded annually for the operation of year-round
education programs to school districts that meet the criteria
specified in this section, in addition to the criteria otherwise
applicable under this article.
   (b) For each fiscal year, for each schoolsite for which a school
district applies for funding under this article, the district shall
certify the number of pupils in excess of the capacity of the
schoolsite, as determined by State Allocation Board or court-mandated
pupil loading standards, for which the district elects to claim
funding under this article. The excess pupil capacity calculated for
purposes of this subdivision shall reflect only the additional
capacity that has been generated as a result of operation on a
multitrack year-round basis, and shall not reflect increased capacity
generated by any other means. A school district shall be eligible
for funding under this section only as to any schoolsite for which
the pupil population certified by the district exceeds the capacity
of the schoolsite by not less than 5 percent.
   (c) To the extent funding is made available for the purposes of
this section, the Superintendent of Public Instruction shall allocate
to an applicant school district, for each schoolsite that qualifies
for funding under subdivision (b), an amount equal to the district's
share of the product of the statewide average cost avoided per pupil,
as established under subdivision (e), and the number of pupils
certified by the district under subdivision (b). For purposes of this
subdivision, a district's share shall be determined according to the
percentage by which the number of certified pupils reflects an
increase in the capacity of the schoolsite, as follows:
                                  District's Share
1.  Less than 5%                             0%
2.  Equal to or greater than 5% but
                                             50%
less than 10%
3.  Equal to or greater than 10% but
                                             67%
less than 15%
4.  Equal to or greater than 15% but
                                             75%
less than 20%
5.  Equal to or greater than 20% but
                                             85%
less than 25%
6.  Equal to or greater than 25%            90%


   (d) (1) The State Allocation Board shall calculate the statewide
average cost avoided per pupil under Chapter 12.5 (commencing with
Section 17070.10) of Part 10 through the operation of school
facilities on a multitrack year-round basis, based on the following
school facilities cost components:
   (A) The cost of facilities construction.
   (B) The cost of land acquisition.
   (C) Relocation costs in connection with land acquisition.
   (D) State costs incurred as a result of interest that would be
paid by the state for debt service on state general obligation bond
financing to construct new school facilities under Chapter 12.5
(commencing with Section 17070.10) of Part 10.
   (2) The calculation of costs under subparagraphs (B) and (C) of
paragraph (1) shall exclude data from the lowest quartile and the
highest quartile.
   (3) The State Allocation Board shall calculate the statewide
average cost avoided per pupil, pursuant to this subdivision, on the
basis of the 1990-91 and 1991-92 fiscal years and every two-year
period thereafter.
   (e) For the 1990-91 and 1991-92 fiscal years, the "statewide
average cost avoided per pupil," for purposes of this section, shall
be one thousand one hundred fifty-one dollars ($1,151). For the
1992-93 fiscal year, and each fiscal year thereafter, the "statewide
average cost avoided per pupil" shall be established by the statute
that appropriates funding for the purposes of this section for that
fiscal year.
  SEC. 33.  Section 48005.45 of the Education Code is amended to
read:
   48005.45.  (a) The Superintendent, by June 1, 2007, shall contract
for an independent longitudinal evaluation regarding the effects of
the change in the entry age for kindergarten and first grade pursuant
to this article. In selecting the independent evaluator, awarding
the contract pursuant to this section, and in monitoring performance
under the contract, the Superintendent shall consult with the
advisory panel convened pursuant to subdivision (b) of Section
48005.13.
   (b) The evaluation shall be based upon samples of sufficient size
and diversity to allow results to be reported separately for pupils
of different ethnicity, socioeconomic status, and primary language,
and results of the evaluation shall be so reported.
   (c) The primary purpose of the evaluation is to determine whether
this entry age change results in improved readiness for school and an
improvement in academic achievement among participating children.
   (d) The evaluation shall use representative sampling to identify
the change's effects on all of the following:
   (1) Academic achievement, as measured by standardized tests, as
compared with pupils not participating in the program.
   (2) Behavioral problems, as measured by objective data including,
but not limited to, suspension and expulsion rates, as compared with
pupils not participating in the program.
   (3) Academic problems, as measured by referrals to special
education and remedial programs, as compared with pupils not
participating in the program.
   (4) Age of kindergarten entry and previous educationally based
preschool experience, including, but not limited to, access to child
care and preschool by parents or guardians.
   (5) Overall retention rates in kindergarten and in subsequent
grades.
   (6) Participation in remedial, supplemental, or summer school
programs.
   (7) Class size.
   (8) Number of pupils participating in kindergarten.
   (9) Number of pupils participating in the kindergarten readiness
programs.
   (10) Differences, if any, between programs with full preschool
participation, and those with partial or no preschool.
   (11) Child care difficulties caused by the admission age change.
   (12) Demographic breakdown of participants and nonparticipants,
including, but not limited to, socioeconomic and ethnic demographics.

   (13) Facilities difficulties, if any, encountered by participating
school districts.
   (14) The ability of parents to gain access to the program,
disaggregated by ethnic, primary language, and socioeconomic status.
   (e) It is the intent of the Legislature that funding for this
evaluation be included in the Budget Act or a bill related to the
Budget Act. It is the intent of the Legislature to subsequently
increase the number of hours funded for the kindergarten readiness
program if the reports pursuant to this section indicate that the
increase would be beneficial.
  SEC. 34.  Section 52314 of the Education Code is amended to read:
   52314.  (a) (1) Except as provided in subdivision (b), any pupil
eligible to attend a high school or adult school in a school district
subject to the jurisdiction of a county superintendent of schools
operating a regional occupational center or regional occupational
program, and who resides in a school district which by itself or in
cooperation with other school districts, has not established a
regional occupational center, or regional occupational program, is
eligible to attend a regional occupational center or regional
occupational program maintained by the county superintendent of
schools. Any school district which in cooperation with other school
districts maintains a regional occupational center, or regional
occupational program, or any cooperating school districts may admit
to the center, or program, any pupil, otherwise eligible, who resides
in the district or in any of the cooperating districts. Any school
district which by itself maintains a regional occupational center, or
regional occupational program, may admit to the center, or program,
any pupil, otherwise eligible, who resides in the district. No pupil,
including adults under Section 52610 shall be admitted to a regional
occupational center, or regional occupational program, unless the
county superintendent of schools or governing board of the district
or districts maintaining the center, or program, as the case may be,
determines that the pupil will benefit therefrom and approves of his
or her admission to the regional occupational center or regional
occupational program.
   (2) Adult students shall not be enrolled in regional occupational
center or program courses during the school day on a high school
campus unless specifically authorized by the policy of the governing
board of the school district.
   (3) A pupil may be admitted on a full-time or part-time basis, as
determined by the county superintendent of schools or governing board
of the school district or districts maintaining the center, or
program, as the case may be.
   (b) A pupil is not eligible to be admitted to a regional
occupational center or program, and his or her attendance shall not
be credited to a regional occupational center or program, until he or
she has attained the age of 16 years, unless the pupil meets one or
more of the following conditions:
   (1) The pupil is enrolled in grade 11 or a higher grade.
   (2) The pupil received a referral and all of the following
conditions are met:
   (A) The pupil is referred to a regional occupational center or
program as part of a comprehensive high school plan that has been
approved by a school counselor or school administrator. The approval
of the pupil's parents or guardian may be sought but is not required.

   (B) The pupil's comprehensive high school plan requires referral
to a regional occupational center or program as part of a sequence of
vocational courses that allows the pupil to learn a comprehensive
skill occupation that culminates in earning a postsecondary
vocational certificate or diploma or its equivalent.
   (C) The pupil is enrolled in a school that maintains any of grades
9 to 12, inclusive.
   (3) The individualized education program of a pupil adopted
pursuant to the requirements of Chapter 4 (commencing with Section
56300) of Part 30 prescribes occupational training for which his or
her enrollment in a regional occupational center or program is deemed
appropriate.
   (4) The pupil is enrolled in grade 10 and has a comprehensive high
school plan that has been approved by a school counselor, and the
admission of that pupil will not result in the denial of admission or
displacement of pupils in grades 11 and 12 that would otherwise
participate in the regional occupational center or program.
   (c) Each school district, county superintendent of schools, or
joint powers agency that maintains a regional occupational center or
regional occupational program shall submit to the department, at the
time and in the manner prescribed by the Superintendent, the
enrollment and average daily attendance for each grade level and the
enrollment and average daily attendance for each exemption set forth
in subdivision (b).
  SEC. 35.  Section 53101 of the Education Code is amended to read:
   53101.  (a) The Governor, the Superintendent, and the state board
shall jointly develop a single high-quality plan or multiple plans,
in collaboration with participating local educational agencies, as
necessary, to submit as part of an application for federal Race to
the Top funds, authorized under the federal American Recovery and
Reinvestment Act of 2009 (Public Law 111-5).
   (b) The plan shall include a budget or expenditure plan consistent
with the requirements of the Race to the Top program and
application. At a minimum, the plan shall address how the Race to the
Top program funds and any other applicable federal funds shall be
used to provide resources to the low-achieving and persistently
lowest-achieving schools as defined in this chapter. These resources
may include, but are not necessarily limited to, professional
development, technical assistance, and partnering with schools that
have successfully transitioned from low- to higher-performing status.

   (c) It is the intent of the Legislature that funding for local
educational agencies be the highest priority in the allocation of
Race to the Top program funds.
  SEC. 36.  Section 66040.7 of the Education Code is amended to read:

   66040.7.  The California State University, the Department of
Finance, and the Legislative Analyst's Office shall jointly conduct a
statewide evaluation of the new programs implemented under this
article. The evaluation required by this section shall consider all
of the following:
   (a) The number of new doctoral programs in education implemented,
including information identifying the number of new programs,
applicants, admissions, enrollments, degree recipients,
time-to-degree, attrition, and public school and community college
program partners.
   (b) The extent to which the programs established under this
article are fulfilling identified state needs for training in
educational leadership, including statewide supply and demand data
that considers capacity at the University of California and in
California's independent colleges and universities.
   (c) Information on the place of employment of students and the
subsequent job placement of graduates.
   (d) Any available evidence on the effects that the graduates of
the programs are having on elementary and secondary school and
community college reform efforts and on student achievement.
   (e) Program costs and the fund sources that were used to finance
these programs, including a calculation of cost per degree awarded.
   (f) The costs of the programs to students, the amount of financial
aid offered, and student debt levels of graduates of the programs.
   (g) The extent to which the programs established under this
article are in compliance with the requirements of this article.
  SEC. 37.  Section 7571 of the Family Code is amended to read:
   7571.  (a) On and after January 1, 1995, upon the event of a live
birth, prior to an unmarried mother leaving any hospital, the person
responsible for registering live births under Section 102405 of the
Health and Safety Code shall provide to the natural mother and shall
attempt to provide, at the place of birth, to the man identified by
the natural mother as the natural father, a voluntary declaration of
paternity together with the written materials described in Section
7572. Staff in the hospital shall witness the signatures of parents
signing a voluntary declaration of paternity and shall forward the
signed declaration to the Department of Child Support Services within
20 days of the date the declaration was signed. A copy of the
declaration shall be made available to each of the attesting parents.

   (b) No health care provider shall be subject to any civil,
criminal, or administrative liability for any negligent act or
omission relative to the accuracy of the information provided, or for
filing the declaration with the appropriate state or local agencies.

   (c) The local child support agency shall pay the sum of ten
dollars ($10) to birthing hospitals and other entities that provide
prenatal services for each completed declaration of paternity that is
filed with the Department of Child Support Services, provided that
the local child support agency and the hospital or other entity
providing prenatal services has entered into a written agreement that
specifies the terms and conditions for the payment as required by
federal law.
   (d) If the declaration is not registered by the person responsible
for registering live births at the hospital, it may be completed by
the attesting parents, notarized, and mailed to the Department of
Child Support Services at any time after the child's birth.
   (e) Prenatal clinics shall offer prospective parents the
opportunity to sign a voluntary declaration of paternity. In order to
be paid for their services as provided in subdivision (c), prenatal
clinics must ensure that the form is witnessed and forwarded to the
Department of Child Support Services within 20 days of the date the
declaration was signed.
   (f) Declarations shall be made available without charge at all
local child support agency offices, offices of local registrars of
births and deaths, courts, and county welfare departments within this
state. Staff in these offices shall witness the signatures of
parents wishing to sign a voluntary declaration of paternity and
shall be responsible for forwarding the signed declaration to the
Department of Child Support Services within 20 days of the date the
declaration was signed.
   (g) The Department of Child Support Services, at its option, may
pay the sum of ten dollars ($10) to local registrars of births and
deaths, county welfare departments, or courts for each completed
declaration of paternity that is witnessed by staff in these offices
and filed with the Department of Child Support Services. In order to
receive payment, the Department of Child Support Services and the
entity shall enter into a written agreement that specifies the terms
and conditions for payment as required by federal law. The Department
of Child Support Services shall study the effect of the ten dollar
($10) payment on
obtaining completed voluntary declaration of paternity forms.
   (h) The Department of Child Support Services and local child
support agencies shall publicize the availability of the
declarations. The local child support agency shall make the
declaration, together with the written materials described in
subdivision (a) of Section 7572, available upon request to any parent
and any agency or organization that is required to offer parents the
opportunity to sign a voluntary declaration of paternity. The local
child support agency shall also provide qualified staff to answer
parents' questions regarding the declaration and the process of
establishing paternity.
   (i) Copies of the declaration and any rescissions filed with the
Department of Child Support Services shall be made available only to
the parents, the child, the local child support agency, the county
welfare department, the county counsel, the State Department of
Health Services, and the courts.
   (j) Publicly funded or licensed health clinics, pediatric offices,
Head Start programs, child care centers, social services providers,
prisons, and schools may offer parents the opportunity to sign a
voluntary declaration of paternity. In order to be paid for their
services as provided in subdivision (c), publicly funded or licensed
health clinics, pediatric offices, Head Start programs, child care
centers, social services providers, prisons, and schools shall ensure
that the form is witnessed and forwarded to the Department of Child
Support Services.
   (k) Any agency or organization required to offer parents the
opportunity to sign a voluntary declaration of paternity shall also
identify parents who are willing to sign, but were unavailable when
the child was born. The organization shall then contact these parents
within 10 days and again offer the parent the opportunity to sign a
voluntary declaration of paternity.
  SEC. 38.  Section 17555 of the Family Code is amended to read:
   17555.  (a)  Any appropriation made available in the annual Budget
Act for the purposes of augmenting funding for local child support
agencies in the furtherance of their revenue collection
responsibilities shall be subject to all of the following
requirements:
   (1) Each local child support agency shall submit to the department
an early intervention plan with all components to take effect upon
receipt of their additional allocation as a result of this proposal.
   (2) Funds shall be distributed to counties based on their
performance on the following two federal performance measures:
   (A) Measure 3: Collections on Current Support.
   (B) Measure 4: Cases with Collections on Arrears.
   (3) A local child support agency shall be required to use and
ensure that 100 percent of the new funds allocated are dedicated to
maintaining caseworker staffing levels in order to stabilize child
support collections.
   (4) At the end of each fiscal year that this augmentation is in
effect, the department shall provide a report on the
cost-effectiveness of this augmentation, including an assessment of
caseload changes over time.
   (b) It is the intent of the Legislature to review the results of
this augmentation and the level of related appropriation during the
legislative budget review process.
  SEC. 39.  Section 456 of the Fish and Game Code is amended to read:

   456.  The department shall biennially report to the Legislature
and to the Fish and Game Commission on the progress that is being
made toward the restoration and maintenance of California's deer
herds. The first report shall be submitted on or before October 1,
1989. The report shall include program activities regarding deer
habitat, particularly addressing problems dealing with identification
and preservation of critical deer habitat areas; the amount of
revenue derived from the sale of deer tags during the two previous
fiscal years; a list of expenditures during the two previous fiscal
years and proposed expenditures during the current fiscal year; and a
report of general benefits accrued to the deer resources as a result
of the program.
  SEC. 40.  Section 1363.5 of the Fish and Game Code is repealed.
  SEC. 41.  Section 1727 of the Fish and Game Code is amended to
read:
   1727.  (a) In order to provide for a diversity of available
angling experiences throughout the state, it is the intent of the
Legislature that the commission maintain the existing wild trout
program, and as part of the program, develop additional wild trout
waters in the more than 20,000 miles of trout streams and
approximately 5,000 lakes containing trout in California.
   (b) The department shall prepare a list of no less than 25 miles
of stream or stream segments and at least one lake that it deems
suitable for designation as wild trout waters. The department shall
submit this list to the commission for its consideration at the
regular October commission meeting.
   (c) The commission may remove any stream or lake that it has
designated as a wild trout fishery from the program at any time. If
any of those waters are removed from the program, an equivalent
amount of stream mileage or an equivalent size lake shall be added to
the wild trout program.
   (d) The department shall prepare and complete management plans for
all wild trout waters not more than three years following their
initial designation by the commission, and to update the management
plan every five years following completion of the initial management
plan.
  SEC. 42.  Section 1850 of the Fish and Game Code is amended to
read:
   1850.  On or before January 1, 2002, the department shall
establish an updated database of all existing and operating wetlands
mitigation banks that sell credits to the public in California. To
the extent feasible, the department shall use all existing
information in compiling this database and shall utilize the CERES
Environmental Data Catalog to make this information available to the
public. The department shall update this database on an annual basis.

  SEC. 43.  Section 1851 of the Fish and Game Code is repealed.
  SEC. 44.  Section 2079 of the Fish and Game Code is amended to
read:
   2079.  The department shall, by January 30 of every third year,
beginning January 30, 1986, prepare a report summarizing the status
of all state listed endangered, threatened, and candidate species,
and shall post the report on the commission's Internet Web site. This
report shall include, but not be limited to, a listing of those
species designated as endangered, threatened, and candidate species,
a discussion of the current status of endangered, threatened, or
candidate species, and the timeframes for the review of listed
species pursuant to this article.
  SEC. 45.  Section 2086 of the Fish and Game Code is amended to
read:
   2086.  (a) The department, in cooperation with the Department of
Food and Agriculture, agricultural commissioners, extension agents,
farmers, ranchers, and other agricultural experts, shall adopt
regulations that authorize locally designed voluntary programs for
routine and ongoing agricultural activities on farms or ranches that
encourage habitat for candidate, threatened, and endangered species,
and wildlife generally. Agricultural commissioners, extension agents,
farmers, ranchers, or other agricultural experts, in cooperation
with conservation groups, may propose those programs to the
department. The department shall propose regulations for those
programs not later than July 1, 1998.
   (b) Programs authorized under subdivision (a) shall do all of the
following:
   (1) Include management practices that will, to the maximum extent
practicable, avoid and minimize take of candidate, endangered, and
threatened species, while encouraging the enhancement of habitat.
   (2) Be supported by the best available scientific information for
both agricultural and conservation practices.
   (3) Be consistent with the policies and goals of this chapter.
   (4) Be designed to provide sufficient flexibility to maximize
participation and to gain the maximum wildlife benefits without
compromising the economics of agricultural operations.
   (5) Include terms and conditions to allow farmers or ranchers to
cease participation in a program without penalty. The terms and
conditions shall include reasonable measures to minimize take during
withdrawal from the program.
   (c) Any taking of candidate, threatened, or endangered species
incidental to routine and ongoing agricultural activities that occurs
while the management practices specified by paragraph (1) of
subdivision (b) are followed, is not prohibited by this chapter.
   (d) (1) The department shall automatically renew the authorization
for these voluntary programs every five years, unless the
Legislature amends or repeals this section in which case the program
shall be revised to conform to this section.
   (2)  Commencing in 2000, and every five years thereafter, the
department shall post a report regarding the effect of the programs
on its Internet Web site. The department shall consult with the
Department of Food and Agriculture in evaluating the programs and
preparing the report. The report shall address factors such as the
temporary and permanent acreage benefiting from the programs, include
an estimate of the amount of land upon which routine and ongoing
agricultural activities are conducted, provide examples of farmer and
rancher cooperation, and include recommendations to improve the
voluntary participation by farmers and ranchers.
   (e) If the authorization for these programs is not renewed or is
modified under subdivision (d), persons participating in the program
shall be allowed to cease participating in the program in accordance
with the terms and conditions specified in paragraph (5) of
subdivision (b), without penalty.
   (f) (1) The department may approve an application submitted by an
agricultural-based nonprofit organization or other entity registered
as a California nonprofit organization to initiate and undertake
public education and outreach activities that promote the achievement
of the objectives of this chapter. An application submitted pursuant
to this subdivision shall include the following:
   (A) The name and contact information of the participating
organization.
   (B) A brief description of the planned outreach activities.
   (C) An end date for the outreach activities.
   (2) The department may require a participating organization to
submit, for approval by the department, educational materials and
outreach materials that are disseminated to the public in furtherance
of this subdivision.
   (3) A participating organization shall file an annual report with
the department before the end of each calendar year during the time
period specified in the application. The report shall include, but is
not limited to, the following:
   (A) Complete information on the activities conducted by the
participating organization in the prior year, including a description
of all means of communicating to the public and agricultural
community, including personal visits, electronic communications,
organized meetings, or other means.
   (B) A compilation of responses from the public and members of the
agricultural community that will assist the participating
organization and the department to modify or improve public education
and outreach activities on an ongoing basis.
   (C) An assessment of the existing knowledge within the
agricultural community of programs and prohibitions under this
chapter and a review of outreach activities that could be used to
adapt and improve future outreach efforts.
   (D) Information on a farm or ranch that has expressed interest in
participating in a voluntary program pursuant to this section or the
safe harbor agreement program contained in Article 3.7 (commencing
with Section 2089.2). This provision does not require the annual
report to include the identification to the department of an
individual, farm, or ranch.
  SEC. 46.  Section 2861 of the Fish and Game Code is amended to
read:
   2861.  (a) The commission shall, annually until the master plan is
adopted and thereafter at least every three years, receive,
consider, and promptly act upon petitions from any interested party,
to add, delete, or modify MPAs, favoring those petitions that are
compatible with the goals and guidelines of this chapter.
   (b) Nothing in this chapter restricts any existing authority of
the department or the commission to make changes to improve the
management or design of existing MPAs or designate new MPAs prior to
the completion of the master plan. The commission may abbreviate the
master plan process to account for equivalent activities that have
taken place before enactment of this chapter, providing that those
activities are consistent with this chapter.
  SEC. 47.  Section 3409 of the Fish and Game Code is repealed.
  SEC. 48.  Section 3864 of the Fish and Game Code is repealed.
  SEC. 49.  Section 4904 of the Fish and Game Code is repealed.
  SEC. 50.  Section 7862 of the Fish and Game Code is amended to
read:
   7862.  A Commercial Salmon Trollers Advisory Committee shall be
established consisting of six members selected by the director. One
member shall be chosen from the personnel of the department. Four
persons shall be selected, with alternates, from a list submitted by
a fishermen's organization deemed to represent the commercial salmon
fishermen of California. One member shall be selected, with an
alternate, from lists submitted by individual commercial passenger
fishing boat operators or by organizations deemed to represent the
commercial passenger fishing boat operators of California. The term
of appointment to the committee shall be for two years. Necessary and
proper expenses, if any, and per diem shall be paid committee
members from the special account created pursuant to subdivision (a)
of Section 7861. The rate of per diem shall be the same as the rate
established pursuant to Section 8902 of the Government Code.
   The committee shall recommend programs and a budget from the
special account to the department.
  SEC. 51.  Section 8610.10 of the Fish and Game Code is repealed.
  SEC. 52.  Section 12794.5 of the Food and Agricultural Code is
repealed.
  SEC. 53.  Section 54446 of the Food and Agricultural Code is
repealed.
  SEC. 54.  Section 58591 of the Food and Agricultural Code is
repealed.
  SEC. 55.  Section 8164 of the Government Code is repealed.
  SEC. 56.  Section 8169.5 of the Government Code is amended to read:

   8169.5.  (a) In furtherance of the Capitol Area Plan, the
objectives of Resolution Chapter 131 of the Statutes of 1991, and the
legislative findings and declarations contained in Chapter 193 of
the Statutes of 1996, relative to the findings by the Urban Land
Institute, the director may purchase, exchange, or otherwise acquire
real property and construct facilities, including any improvements,
betterments, and related facilities, within the jurisdiction of the
Capitol Area Plan in the City of Sacramento pursuant to this section.
The total authorized scope of the project shall consist of up to
approximately 1,470,200 gross square feet of office space and
approximately 742,625 gross square feet of parking structures for use
by the State Department of Education, the State Department of Health
Care Services, the State Department of Public Health, and the
Department of General Services as anchor tenants on blocks 171, 172,
173, 174, and 225, along with related additional parking on block
224, within the Capitol area. The acquisition and construction
authorized pursuant to this section may not cause the displacement of
any state or legislative employee parking spaces in the blocks
specified in this subdivision unless the Department of General
Services makes available existing state-owned parking spaces,
acquires parking spaces, or constructs replacement parking that
results in the affected employees' parking spaces being located at a
reasonable distance from their place of employment.
   (b) Subject to paragraphs (2) and (3) of subdivision (c), the
department may contract for the lease, lease-purchase, lease with an
option to purchase, acquisition, design, design-build, construction,
construction management, and other services related to the design and
construction of the office and parking facilities authorized to be
acquired pursuant to subdivision (a).
   (c) (1) The State Public Works Board may issue revenue bonds,
negotiable notes, or negotiable bond anticipation notes pursuant to
Chapter 5 (commencing with Section 15830) of Part 10b of Division 3
to finance all costs associated with acquisition, design, and
construction of office and parking facilities for the purposes of
this section. The State Public Works Board and the department may
borrow funds for project costs from the Pooled Money Investment
Account pursuant to Sections 16312 and 16313. In the event the bonds
authorized by the project are not sold, the State Department of
Education, the State Department of Health Care Services, the State
Department of Public Health, and the Department of General Services,
as determined by the Department of Finance, shall commit a sufficient
amount of their support appropriations to repay any loans made for
the project from the Pooled Money Investment Account. It is the
intent of the Legislature that this commitment shall be included in
future Budget Acts until all outstanding loans from the Pooled Money
Investment Account are repaid either through the proceeds from the
sale of bonds or from an appropriation.
   (2) (A) If the department proposes to acquire the facilities on a
design-build basis, prior to the department entering into an
agreement pursuant to subdivision (b) to design and build the
facilities on blocks 171, 172, 173, 174, and 225, as specified in
subdivision (a), the department shall submit to the Legislature a
copy of all documents that shall be the basis upon which bids will be
solicited and awarded to design and build the facilities. The
documents shall include the following:
   (i) The request for qualifications.
   (ii) Site development guidelines.
   (iii) Architectural and all system design requirements for the
facilities.
   (iv) Notwithstanding any other provision of law, the recommended
specific criteria and process by which the contractor shall be
selected.
   (v) The performance criteria and standards for the architecture
and all components and systems of the facilities.
   (B) The information in the documents shall be provided in at least
as much detail as was prepared for the San Francisco Civic Center
Complex project and shall cover the quality of materials, equipment,
and workmanship to be used in the facilities. These documents shall
also include a detailed and specific space program for the facilities
that identifies the specific spatial needs of the state agencies.
   (C) If the department proposes to contract for construction
separate from design, the department shall, prior to commencing work
on working drawings for the facilities on blocks 171, 172, 173, 174,
and 225, submit to the Legislature a copy of the preliminary plans
for the facilities and a detailed and specific space program for the
facilities that identifies the specific spatial needs of the state
agencies.
   (E) Regardless of how the department proposes to acquire the
facilities, the department also shall submit all of the following
information, which may be included in the bid documents:
   (i) A final estimated cost for design, construction, and other
costs.
   (ii) How the department would manage the contracts entered into
for this project to ensure compliance with contract requirements and
to ensure that the state receives the highest level of quality
workmanship and materials for the funds spent on the project.
   (3) The department shall submit to the Legislature the information
required to be submitted pursuant to paragraphs (2) and (6) on or
before December 1, 1998. Except for those contracts and agreements
necessary to prepare the information required by paragraphs (2) and
(6), the department shall not solicit bids to enter into any
agreement to design and build or otherwise acquire the facilities or
commence work on working drawings on block 171, 172, 173, 174, or 225
sooner than the later of April 1, 1999, or 120 days after the
department submits to the Legislature the information required to be
submitted pursuant to paragraphs (2) and (6). The Legislative Analyst
shall evaluate the information submitted to the Legislature and
shall prepare a report to the Joint Committee on Rules within 60 days
of receiving the documents submitted to the Legislature. It is the
intent of the Legislature that the Joint Committee on Rules meet
prior to the date the department is authorized to solicit bids to
design and build or otherwise acquire the facilities or commence work
on working drawings for the purposes of discussing the report from
the Legislative Analyst and adopting a report with any
recommendations to the department on changes to the site design
criteria, performance criteria, and specifications and specific
criteria for determining the winning bidder. If the Joint Committee
on Rules adopts a report prior to the date the department is
authorized to solicit bids to design and build or otherwise acquire
the facilities or commence work on working drawings, the department
may solicit the bids or commence the work when the report is adopted
by the Joint Committee on Rules. The Senate Committee on Rules and
the Speaker of the Assembly may designate members of their respective
houses to monitor the progress of the preparation of the documents
to be submitted pursuant to paragraph (2). The department shall
prepare periodic progress reports and meet with the designated
members or their representatives, as necessary, while preparing the
documents.
   (4) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold may equal, but shall not exceed,
the cost of planning, preliminary plans, working drawings,
construction, construction management and supervision, other costs
relating to the design and construction of the facilities, and any
additional sums necessary to pay interim and permanent financing
costs. The additional amount may include interest and a reasonable
required reserve fund.
   (5) Authorized costs of the facilities for preliminary plans,
working drawings, construction, and other costs shall not exceed
three hundred ninety-two million dollars ($392,000,000).
Notwithstanding Section 13332.11, the State Public Works Board may
authorize the augmentation of the amount authorized under this
paragraph by up to 10 percent of the amount authorized.
   (6) The net present value of the cost to acquire and operate the
facilities authorized by subdivision (a) may not exceed the net
present value of the cost to lease and operate an equivalent amount
of comparable office space over the same time period. The department
shall perform this analysis and shall obtain interest rates, discount
rates, and Consumer Price Index figures from the Treasurer and
submit its analysis with the documents submitted pursuant to
paragraph (2) of subdivision (c). For purposes of this analysis, the
department shall compare the cost of acquiring and operating the
proposed facilities with the avoided cost of leasing and operating an
equivalent amount of comparable office space that will no longer
need to be leased because either (A) agencies will no longer occupy
currently leased facilities when they occupy the proposed facilities,
or (B) agencies will no longer occupy currently leased facilities
when they occupy state-owned space being vacated by state agencies
occupying the proposed facilities. The analysis shall also include
the cost of any unique improvement associated with the moving of an
agency into any state-owned space that would be vacated by agencies
moving into the proposed facilities. However, these costs shall not
include the cost of renovating or modernizing vacated state-owned
space that is necessary to accommodate state agencies in general
purpose office space. This paragraph shall not be construed as
authorizing any renovation of state-owned space.
   (d) The director may execute and deliver a contract with the State
Public Works Board for the lease of the facilities described in this
section that are financed with the proceeds of the board's bonds,
notes, or bond anticipation notes issued in accordance with this
section.
  SEC. 57.  Section 8587.5 of the Government Code is amended to read:

   8587.5.  (a) The Department of Transportation shall, in
cooperation with interested cities with Traffic Signal Override
Systems, apply to the United States Secretary of Transportation for
federal funding to conduct a research program in one or more cities
to test the effectiveness of the installation of signal emitters and
sensors in emergency response vehicles in reducing accidents and
injuries.
   (b) The project shall study the reduction in accidents and
injuries involving emergency response vehicles in the program areas,
shall, if possible, assess any reduction in response times by
emergency response vehicles in the program areas, and may study other
valuable data as deemed appropriate.
   (c) The application shall seek full federal funding for the
project, including the evaluation component. If the United States
Secretary of Transportation requires a nonfederal share of funding,
the participating local governments shall pay this share equally.
   (d) The department shall apply for federal funding within six
months of the effective date of this section unless good cause exists
to apply later or not to apply.
  SEC. 58.  Section 11535 of the Government Code, as amended by
Chapter 147 of the Statutes of 2012, is repealed.
  SEC. 59.  Article 3 (commencing with Section 11675) of Chapter 6 of
Part 1 of Division 3 of Title 2 of the Government Code is repealed.
  SEC. 60.  Section 12805.4 of the Government Code is repealed.
  SEC. 61.  Section 13103.5 of the Government Code is amended to
read:
   13103.5.  The department may perform audits, as it deems
necessary, of the allocations or expenditures made in accordance with
Article XIX B of the California Constitution.
  SEC. 62.  Section 14051 of the Government Code is repealed.
  SEC. 63.  Section 14453 of the Government Code is amended to read:
   14453.  The department's role in this program shall be limited to
research and development. The department shall consider the following
guidelines in evaluating and selecting a site for a research and
development center:
   (a) Sources of funding for the center, with the stipulation that
the state's funding share does not exceed one-third of the total
costs of the center, with the remaining funds provided from local,
federal, and                                                private
sources. The department shall seek to maximize private participation
in the funding of a center, and state funds shall be expended only
for facilities to be used by the state to be located on real property
owned by the state, including acquisition of real property to be
owned by the state in fee simple or pursuant to a lease-purchase
contract.
   (b) Accessibility to the center by rail or bus service operating
at frequency headways of not less than one-half hour during peak
commute hours.
   (c) Other criteria to be used in the evaluation of a site for the
center, which shall include, but not be limited to, the following:
   (1) The ability of the project to enhance environmental quality,
including the dedication of open space for preservation of open
space, wetlands, and other wildlife habitat.
   (2) The ability of the project to rely on existing infrastructure,
including water and sewer hookups to existing systems and access by
existing roads and transit systems, or alternatively, an assurance by
the local jurisdiction or jurisdictions that an infrastructure
development plan has been adopted which provides for the timely
construction of necessary infrastructure and which is fully funded.
   (3) The extent to which the project will result in the least cost
to public agencies, direct and indirect, including costs incurred by
state and local agencies other than the department.
   (4) The extent to which the project provides a return on
investment of public funds to public agencies.
   (d) Contracting for consultant services to assist it in selecting
a site for a center.
   (e) Receiving and evaluating proposals for the center, to be
ranked in priority order consistent with this section.
   (f) Not committing any state funds to the project other than for
the development of a request for proposals and the evaluation of
proposals received in response to the request, unless funds are
specifically appropriated as a separate item in the annual Budget Act
for the financing, planning, design, and construction of the center.

   (g) Construction of the center shall be subject to prevailing wage
laws and minority enterprise and women business enterprise
participation laws applicable to the department's highway
construction projects.
  SEC. 64.  Section 14556.36 of the Government Code is repealed.
  SEC. 65.  Section 14613.7 of the Government Code is amended to
read:
   14613.7.  Each state agency that is protected by the Department of
the California Highway Patrol, those state agencies currently being
protected by contract private security companies, or those state
agencies currently under contract with a local governmental law
enforcement agency for general law enforcement services, excluding
all current mutual aid agreements, shall, as soon as practical,
report to the Department of the California Highway Patrol all crimes
and criminally caused property damage on state-owned or state-leased
property where state employees are discharging their duties. This
section shall not apply to incidents that result in the filing of
Incidence Memoranda issued by the Parole Divisions of the Department
of Corrections and the Department of the Youth Authority.
  SEC. 66.  Section 14714 of the Government Code is repealed.
  SEC. 67.  Article 5 (commencing with Section 14760) of Chapter 5 of
Part 5.5 of Division 3 of Title 2 of the Government Code is
repealed.
  SEC. 68.  Section 15438.6 of the Government Code is amended to
read:
   15438.6.  (a) This section shall be known, and may be cited, as
the Cedillo-Alarcon Community Clinic Investment Act of 2000.
   (b) The Legislature finds and declares all of the following:
   (1) Primary care clinics require capital improvements in order to
continuously perform their vital role. Many primary care clinics are
currently at capacity and in order to increase access to their
services and allow them to expand to cover the growing need for
health care for the vulnerable populations in California, these
capital funds are necessary.
   (2) Primary care clinics are the health care safety net for the
most vulnerable populations in California: uninsured, underinsured,
indigent, and those in shortage designation areas. Primary care
clinics provide health care regardless of the ability to pay for
services.
   (3) Approximately 6.6 million Californians lack health insurance,
a number that increases by 50,000 per month.
   (4) Primary care clinics have been historically and woefully
underfunded.
   (5) Primary care clinics are the most cost-effective means of
serving California's vulnerable populations.
   (6) The failure to adequately fund primary care clinics has
resulted in significant costs to the state in the form of unnecessary
emergency room visits. Also, the lack of preventive care results in
significant costs when patients become severely ill.
   (c) The authority may award grants to any eligible clinic, as
defined in subdivision (a) of Section 1204 and subdivision (c) of
Section 1206 of the Health and Safety Code, for purposes of financing
capital outlay projects, as defined in subdivision (f) of Section
15432.
   (d) The authority, in consultation with representatives of primary
care clinics and other appropriate parties, shall develop selection
criteria and a process for awarding grants under this section. The
authority may take into account at least the following factors when
selecting recipients and determining amount of grants:
   (1) The percentage of total expenditures attributable to
uncompensated care provided by an applicant.
   (2) The extent to which the grant will contribute toward expansion
of health care access by indigent, underserved, and uninsured
populations.
   (3) The need for the grant based on an applicant's total net
assets, relative to net assets of other applicants. For purposes of
this section, "total net assets" means the amount of total assets
minus total liabilities, as disclosed in an audited financial
statement prepared according to United States Generally Accepted
Accounting Principles, and shall include unrestricted net assets,
temporarily restricted net assets, and permanently restricted net
assets.
   (4) The geographic location of the applicant, in order to maximize
broad geographic distribution of funding.
   (5) Demonstration by the applicant of project readiness and
feasibility to the authority's satisfaction.
   (6) The total amount of funds appropriated and available for
purposes of this section.
   (e) No grant to any clinic facility shall exceed two hundred fifty
thousand dollars ($250,000).
   (f) In no event shall a grant to finance a project exceed the
total cost of the project, as determined by the clinic and approved
by the authority. Grants shall be awarded only to clinics that have
certified to the authority that all requirements established by the
authority for grantees have been met.
   (g) All projects that are awarded grants shall be completed within
a reasonable period of time, to be determined by the authority. No
funds shall be released by the authority until the applicant
demonstrates project readiness to the authority's satisfaction. If
the authority determines that the clinic has failed to complete the
project under the terms specified in awarding the grant, the
authority may require remedies, including the return of all or a
portion of the grant. Certification of project completion shall be
submitted to the authority by any clinic receiving a grant under this
section.
   (h) Any clinic receiving a grant under this section shall commit
to using the health facility for the purposes for which the grant was
awarded for the duration of the expected life of the project.
   (i) It is the intent of the Legislature that the California Health
Facilities Financing Authority be reimbursed for the costs of the
administration of the implementation of this section from funds
appropriated for the purposes of this section.
  SEC. 69.  Section 15813.6 of the Government Code is repealed.
  SEC. 70.  Section 16367.5 of the Government Code is amended to
read:
   16367.5.  The Department of Community Services and Development
shall receive and administer the federal Low-Income Home Energy
Assistance Program Block Grant, provided for pursuant to the
Low-Income Home Energy Assistance Act of 1981, as amended (42 U.S.C.
Sec. 8621 et seq.). The department shall afford local service
providers maximum flexibility and control, within the parameters of
federal and state law, in the planning, administration, and delivery
of Low-Income Home Energy Assistance Program Block Grant services.
Local service providers shall be defined as private, nonprofit, and
public agencies designated in accordance with Public Law 97-35, as
amended. The formation of service regions beyond those that were in
place in 1995, or those that were in place in Los Angeles County in
January 1997, shall occur only with the concurrence of service
providers within the proposed regions. The department shall allocate
funds received as follows:
   (a) For federal fiscal year 1998, up to 7.3 percent of the state's
total federal allocation for the Low-Income Home Energy Assistance
Program shall be retained by the Department of Community Services and
Development for purposes of overall planning and administration. The
department shall spend at least 2.3 percent of this 7.3 percent on
activities to improve the administrative efficiency of the program.
At least 2.7 percent of the state's total federal allocation of the
Low-Income Home Energy Assistance Program shall be allocated to local
service providers for purposes of planning and administration.
   For federal fiscal year 1999, up to 6 percent of the state's total
federal allocation of the Low-Income Home Energy Assistance Program
shall be retained by the Department of Community Services and
Development for purposes of overall planning and administration. The
department shall spend at least 1 percent of this 6 percent on
activities to improve the administrative efficiency of the program.
At least 4 percent of the state's total federal allocation for the
Low-Income Home Energy Assistance Program shall be allocated to local
service providers for purposes of planning and administration.
   Beginning in federal fiscal year 2000, up to 5 percent of the
state's total federal allocation for the Low-Income Home Energy
Assistance Program shall be retained by the Department of Community
Services and Development for purposes of overall planning and
administration. At least 5 percent of the state's total federal
allocation for the Low-Income Home Energy Assistance Program shall be
allocated to local service providers for purposes of planning and
administration.
   Upon achievement of administrative efficiencies, or no later than
June 30, 2001, the department and the local service providers
committee established pursuant to subdivision (j) shall examine the
appropriate split of administrative funding between the state and
local services providers necessary to achieve the intent of federal
law regarding the Low-Income Home Energy Assistance Program. The
department shall not retain more than 5 percent of the state's total
federal allocation for the Low-Income Home Energy Assistance Program.

   (b) Services under this section shall be available to households
in which one or more individuals are receiving:
   (1) Temporary Assistance for Needy Families under the state's plan
approved under Public Law 104-193, the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, and Chapter 2
(commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code.
   (2) Supplemental Security Income payments under Title XVI of the
federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and Chapter
3 (commencing with Section 12000) of Part 3 of Division 9 of the
Welfare and Institutions Code.
   (3) County general assistance under Part 5 (commencing with
Section 17000) of Division 9 of the Welfare and Institutions Code.
   (4) CalFresh benefits received under the federal Supplemental
Nutrition Assistance Program of the federal Food and Nutrition Act of
2008 pursuant to Chapter 10 (commencing with Section 18900) of Part
6 of Division 9 of the Welfare and Institutions Code.
   (5) Payments under Section 415, 521, 541, or 542 of Title 38 of
the United States Code, or under Section 306 of the Veterans' and
Survivors' Pension Improvement Act of 1978.
   (6) Households with incomes that do not exceed the greater of:
   (A) An amount equal to 150 percent of the poverty level for this
state.
   (B) An amount equal to 60 percent of the state median income,
except that no household may be excluded from eligibility solely on
the basis of household income if that income is less than 110 percent
of the poverty level for this state, but priority may be given to
those households with the highest home energy costs or needs in
relation to household income.
   (c) An amount of not less than 15 percent and up to the maximum
allowed by federal law of the total federal allocation shall be
allocated for weatherization services for eligible individuals. For
each program year, to the extent that the state is eligible, the
Department of Community Services and Development shall apply to the
appropriate federal agencies for any waivers that may be necessary to
ensure that the amount available for the purposes of this
subdivision will be the maximum amount allowable under federal law.
For the purposes of this subdivision, weatherization shall include
all energy conservation measures and energy efficient appliances that
are cost effective and improve energy efficiency. The department
shall allocate 5 percent of the weatherization program allocation to
local service providers for outreach and related activities.
   (d) At the discretion of local service providers, the state shall
allocate the maximum amount allowable under federal law to local
service providers to provide services that encourage and enable
households to reduce their home energy needs, thus reducing the need
for energy assistance, including needs assessments, counseling, and
assistance with energy vendors, in accordance with Section 2605(b)
(16) of Public Law 97-35, as amended.
   (e) Based on data from prior years, a reasonable amount of
available funds, as determined jointly by the department and the
local service providers, shall be reserved until March 15 of each
program year for the Energy Crisis Intervention Program. Local
service providers shall submit proposed funding levels with
supporting data to the department in a timely manner for inclusion in
the state plan. The department shall approve local funding requests
that are determined to be in compliance with federal law. These funds
shall only be used for emergency assistance to eligible individuals
for programs specified in this subdivision, who give evidence of one
or more of the following conditions:
   (1) Proof of utility shutoff notice.
   (2) Proof of energy termination.
   (3) Insufficient funds to establish a new energy account.
   (4) Insufficient funds to pay a delinquent utility bill.
   (5) Insufficient funds to pay the cost of space heating devices
where no alternative source of space heating is reasonably available.

   (6) Insufficient funds to pay for essential firewood, oil, or
propane.
   (7) Insufficient funds to pay for the cost of emergency repairs to
heating and cooling units, the emergency replacement of heating and
cooling units, or both.
   (8) Insufficient funds to pay energy costs for a household where a
household member's medical condition requires use of life support or
climate and temperature control systems.
   (9) Other conditions that may be included in the state plan.
   The energy crisis intervention program shall not include advocacy,
community mobilization, or community planning. After March 15 of
each program year, local administrative agencies shall have the
option of continuing to offer energy crisis intervention services or
of reallocating a portion of or all unspent energy crisis
intervention funds into direct assistance payment services.
   The department shall allocate 5 percent of the energy crisis
intervention program allocation to the local service providers for
outreach and related services.
   The Department of Community Services and Development shall retain
all funds associated with Energy Crisis Intervention Program payments
for gas and electric utility service, and shall make payments for
eligible households' gas or electric service accounts directly to the
utilities. The department may use alternative payment methods when
direct payments to the utilities have not been arranged.
   (f) The remainder of the total federal allocation shall be
utilized for aid for home energy costs for direct assistance
payments. The department shall retain all funds associated with Home
Energy Assistance Program direct assistance payments for gas and
electric utility service, and shall make payments for eligible
households' gas or electric service accounts directly to the
utilities. The department may use alternative payment methods when
direct payments to the utilities have not been arranged.
   (g) The Department of Community Services and Development shall
contract with local public or private nonprofit agencies, or both, to
provide outreach, intake, and other activities to enroll eligible
individuals in the program components prescribed by this section.
   (h) The program components provided for in this section shall
include activities to enroll households that have the highest home
energy needs as determined by taking into account both the energy
burden of these households, and the unique situation of these
households that results from having members of vulnerable
populations, including very young children, individuals with
disabilities, and frail older individuals, as provided for by Section
2603(3) of Public Law 97-35, as amended, and to educate recipients
about general energy conservation practices and about the
availability of state and utility programs for free weatherization of
low-income homes.
   (i) The department shall allocate 5 percent of the direct
assistance payment funds to the local service providers for outreach
and related services in operating the direct home energy assistance
payment program.
   (j) The department shall establish a local service providers
committee to act in an advisory capacity in the development of the
annual Low-Income Home Energy Assistance Program state plan. The
membership of the committee shall include one voting representative
chosen by each local service provider that has a Low-Income Home
Energy Assistance Program contract with the state and one
representative of each interested utility company. Each local service
provider may, at its option, assign its vote in writing to another
entity, such as a provider association, to represent its interests.
  SEC. 71.  Section 16428.6 of the Government Code is amended to
read:
   16428.6.  The Attorney General shall promptly notify the Director
of Finance, Senate President pro Tempore, and the Speaker of the
Assembly upon agreeing on behalf of the state to an energy settlement
agreement. Notification shall include a description of how the terms
of the settlement agreement, as they pertain to the state, are
consistent with the purposes of this article.
  SEC. 72.  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.
   (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.
   (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. 73.  Section 19849.11 of the Government Code is amended to
read:
   19849.11.  The Department of Personnel Administration, subject to
such conditions as it may establish, subject to existing statutes
governing health benefits and group term life insurance offered
through the Public Employees' Retirement System, and subject to all
other applicable provisions of state law, may enter into contracts
for the purchase of employee benefits with respect to managerial and
confidential employees as defined by subdivisions (e) and (f) of
Section 3513, and employees excluded from the definition of state
employee in subdivision (c) of Section 3513, and officers or
employees of the executive branch of government who are not members
of the civil service, and supervisory employees as defined in
subdivision (g) of Section 3513. Benefits shall include, but not be
limited to, group life insurance, group disability insurance,
long-term disability insurance, group automobile liability and
physical damage insurance, and homeowners' and renters' insurance.
   The department may self-insure the long-term disability insurance
program if it is cost-effective to do so.
  SEC. 74.  Section 20233 of the Government Code is repealed.
  SEC. 75.  Section 20238 of the Government Code is repealed.
  SEC. 76.  Section 22959.6 of the Government Code is amended to
read:
   22959.6.  (a) The Department of Personnel Administration may
contract with one or more vision care plans for annuitants and
eligible family members, provided the carrier or carriers have
operated successfully in the area of vision care benefits for a
reasonable period, as determined by the Department of Personnel
Administration.
   (b) The Department of Personnel Administration, as the program
administrator, has full administrative authority over this program
and associated funds and shall require the monthly premium to be paid
by the annuitant for the vision care plan. The premium to be paid by
the annuitant shall be deducted from his or her monthly allowance.
If there are insufficient funds in an annuitant's allowance to pay
the premium, the plan provider shall directly bill the annuitant. A
vision care plan or plans provided under this authority shall be
funded by the annuitants' premium. All premiums received from
annuitants shall be deposited in the Vision Care Program for State
Annuitants Fund, which is hereby created in the State Treasury. Any
income earned on the moneys in the Vision Care Program for State
Annuitants Fund shall be credited to the fund. Notwithstanding
Section 13340, moneys in the fund are continuously appropriated for
the purposes specified in subdivision (d).
   (c) An annuitant may enroll in a vision care plan provided by a
carrier that also provides a health benefit plan pursuant to Section
22850 if the employee or annuitant is also enrolled in the health
benefit plan provided by that carrier. However, nothing in this
section may be construed to require an annuitant to enroll in a
vision care plan and a health benefit plan provided by the same
carrier.                                          An annuitant
enrolled in this program shall only enroll into a vision plan or
vision plans contracted for by the Department of Personnel
Administration.
   (d) No contract for a vision care plan may be entered into unless
the Department of Personnel Administration determines it is
reasonable to do so. Notwithstanding any other provision of law, any
premium moneys paid into this program by annuitants for the purposes
of the annuitant vision care plan that is contracted for shall be
used for the cost of providing vision care benefits to eligible,
enrolled annuitants and their eligible and enrolled dependents, the
payment of claims for those vision benefits, and the cost of
administration of the vision care plan or plans under this vision
care program, those costs being determined by the Department of
Personnel Administration.
   (e) If the Director of the Department of Personnel Administration
determines that it is not economically feasible to continue this
program anytime after its commencement, the director may, upon
written notice to enrollees and to the contracting plan or plans,
terminate this program within a reasonable time. The notice of
termination to the plan or plans shall be determined by the
Department of Personnel Administration. The notice to enrollees of
the termination of the program shall commence no later than three
months prior to the actual date of termination of the program.
   (f) Premium rates for this program shall be determined by the
Department of Personnel Administration in conjunction with the
contracted plan or plans and shall be considered separate and apart
from active employee premium rates.
  SEC. 77.  Section 30061 of the Government Code is amended to read:
   30061.  (a) There shall be established in each county treasury a
Supplemental Law Enforcement Services Account (SLESA), to receive all
amounts allocated to a county for purposes of implementing this
chapter.
   (b) In any fiscal year for which a county receives moneys to be
expended for the implementation of this chapter, the county auditor
shall allocate the moneys in the county's SLESA within 30 days of the
deposit of those moneys into the fund. The moneys shall be allocated
as follows:
   (1) Five and fifteen-hundredths percent to the county sheriff for
county jail construction and operation. In the case of Madera, Napa,
and Santa Clara Counties, this allocation shall be made to the county
director or chief of corrections.
   (2) Five and fifteen-hundredths percent to the district attorney
for criminal prosecution.
   (3) Thirty-nine and seven-tenths percent to the county and the
cities within the county, and, in the case of San Mateo, Kern,
Siskiyou, and Contra Costa Counties, also to the Broadmoor Police
Protection District, the Bear Valley Community Services District, the
Stallion Springs Community Services District, the Lake Shastina
Community Services District, and the Kensington Police Protection and
Community Services District, in accordance with the relative
population of the cities within the county and the unincorporated
area of the county, and the Broadmoor Police Protection District in
the County of San Mateo, the Bear Valley Community Services District
and the Stallion Springs Community Services District in Kern County,
the Lake Shastina Community Services District in Siskiyou County, and
the Kensington Police Protection and Community Services District in
Contra Costa County, as specified in the most recent January estimate
by the population research unit of the Department of Finance, and as
adjusted to provide, except as provided in subdivision (j), a grant
of at least one hundred thousand dollars ($100,000) to each law
enforcement jurisdiction. For a newly incorporated city whose
population estimate is not published by the Department of Finance,
but that was incorporated prior to July 1 of the fiscal year in which
an allocation from the SLESA is to be made, the city manager, or an
appointee of the legislative body, if a city manager is not
available, and the county administrative or executive officer shall
prepare a joint notification to the Department of Finance and the
county auditor with a population estimate reduction of the
unincorporated area of the county equal to the population of the
newly incorporated city by July 15, or within 15 days after the
Budget Act is enacted, of the fiscal year in which an allocation from
the SLESA is to be made. No person residing within the Broadmoor
Police Protection District, the Bear Valley Community Services
District, the Stallion Springs Community Services District, the Lake
Shastina Community Services District, or the Kensington Police
Protection and Community Services District shall also be counted as
residing within the unincorporated area of the County of San Mateo,
Kern, Siskiyou, or Contra Costa, or within any city located within
those counties. Except as provided in subdivision (j), the county
auditor shall allocate a grant of at least one hundred thousand
dollars ($100,000) to each law enforcement jurisdiction. Moneys
allocated to the county pursuant to this subdivision shall be
retained in the county SLESA, and moneys allocated to a city pursuant
to this subdivision shall be deposited in an SLESA established in
the city treasury.
   (4) Fifty percent to the county or city and county to implement a
comprehensive multiagency juvenile justice plan as provided in this
paragraph. The juvenile justice plan shall be developed by the local
juvenile justice coordinating council in each county and city and
county with the membership described in Section 749.22 of the Welfare
and Institutions Code. If a plan has been previously approved by the
Corrections Standards Authority or, commencing July 1, 2012, by the
Board of State and Community Corrections, the plan shall be reviewed
and modified annually by the council. The plan or modified plan shall
be approved by the county board of supervisors, and in the case of a
city and county, the plan shall also be approved by the mayor. The
plan or modified plan shall be submitted to the Board of State and
Community Corrections by May 1 of each year.
   (A) Juvenile justice plans shall include, but not be limited to,
all of the following components:
   (i) An assessment of existing law enforcement, probation,
education, mental health, health, social services, drug and alcohol,
and youth services resources that specifically target at-risk
juveniles, juvenile offenders, and their families.
   (ii) An identification and prioritization of the neighborhoods,
schools, and other areas in the community that face a significant
public safety risk from juvenile crime, such as gang activity,
daylight burglary, late-night robbery, vandalism, truancy, controlled
substances sales, firearm-related violence, and juvenile substance
abuse and alcohol use.
   (iii) A local juvenile justice action strategy that provides for a
continuum of responses to juvenile crime and delinquency and
demonstrates a collaborative and integrated approach for implementing
a system of swift, certain, and graduated responses for at-risk
youth and juvenile offenders.
   (iv) Programs identified in clause (iii) that are proposed to be
funded pursuant to this subparagraph, including the projected amount
of funding for each program.
   (B) Programs proposed to be funded shall satisfy all of the
following requirements:
   (i) Be based on programs and approaches that have been
demonstrated to be effective in reducing delinquency and addressing
juvenile crime for any elements of response to juvenile crime and
delinquency, including prevention, intervention, suppression, and
incapacitation.
   (ii) Collaborate and integrate services of all the resources set
forth in clause (i) of subparagraph (A), to the extent appropriate.
   (iii) Employ information sharing systems to ensure that county
actions are fully coordinated, and designed to provide data for
measuring the success of juvenile justice programs and strategies.
   (iv) Adopt goals related to the outcome measures that shall be
used to determine the effectiveness of the local juvenile justice
action strategy.
   (C) The plan shall also identify the specific objectives of the
programs proposed for funding and specified outcome measures to
determine the effectiveness of the programs and contain an accounting
for all program participants, including those who do not complete
the programs. Outcome measures of the programs proposed to be funded
shall include, but not be limited to, all of the following:
   (i) The rate of juvenile arrests per 100,000 population.
   (ii) The rate of successful completion of probation.
   (iii) The rate of successful completion of restitution and
court-ordered community service responsibilities.
   (iv) Arrest, incarceration, and probation violation rates of
program participants.
   (v) Quantification of the annual per capita costs of the program.
   (D) The Board of State and Community Corrections shall review
plans or modified plans submitted pursuant to this paragraph within
30 days upon receipt of submitted or resubmitted plans or modified
plans. The board shall approve only those plans or modified plans
that fulfill the requirements of this paragraph, and shall advise a
submitting county or city and county immediately upon the approval of
its plan or modified plan. The board shall offer, and provide, if
requested, technical assistance to any county or city and county that
submits a plan or modified plan not in compliance with the
requirements of this paragraph. The SLESA shall only allocate funding
pursuant to this paragraph upon notification from the board that a
plan or modified plan has been approved.
   (c) Subject to subdivision (d), for each fiscal year in which the
county, each city, the Broadmoor Police Protection District, the Bear
Valley Community Services District, the Stallion Springs Community
Services District, the Lake Shastina Community Services District, and
the Kensington Police Protection and Community Services District
receive moneys pursuant to paragraph (3) of subdivision (b), the
county, each city, and each district specified in this subdivision
shall appropriate those moneys in accordance with the following
procedures:
   (1) In the case of the county, the county board of supervisors
shall appropriate existing and anticipated moneys exclusively to
provide frontline law enforcement services, other than those services
specified in paragraphs (1) and (2) of subdivision (b), in the
unincorporated areas of the county, in response to written requests
submitted to the board by the county sheriff and the district
attorney. Any request submitted pursuant to this paragraph shall
specify the frontline law enforcement needs of the requesting entity,
and those personnel, equipment, and programs that are necessary to
meet those needs.
   (2) In the case of a city, the city council shall appropriate
existing and anticipated moneys exclusively to fund frontline
municipal police services, in accordance with written requests
submitted by the chief of police of that city or the chief
administrator of the law enforcement agency that provides police
services for that city.
   (3) In the case of the Broadmoor Police Protection District within
the County of San Mateo, the Bear Valley Community Services District
or the Stallion Springs Community Services District within Kern
County, the Lake Shastina Community Services District within Siskiyou
County, or the Kensington Police Protection and Community Services
District within Contra Costa County, the legislative body of that
special district shall appropriate existing and anticipated moneys
exclusively to fund frontline municipal police services, in
accordance with written requests submitted by the chief administrator
of the law enforcement agency that provides police services for that
special district.
   (d) For each fiscal year in which the county, a city, or the
Broadmoor Police Protection District within the County of San Mateo,
the Bear Valley Community Services District or the Stallion Springs
Community Services District within Kern County, the Lake Shastina
Community Services District within Siskiyou County, or the Kensington
Police Protection and Community Services District within Contra
Costa County receives any moneys pursuant to this chapter, in no
event shall the governing body of any of those recipient agencies
subsequently alter any previous, valid appropriation by that body,
for that same fiscal year, of moneys allocated to the county or city
pursuant to paragraph (3) of subdivision (b).
   (e) For the 2011-12 fiscal year, the Controller shall allocate
23.54 percent of the amount deposited in the Local Law Enforcement
Services Account in the Local Revenue Fund 2011 for the purposes of
paragraphs (1), (2), and (3) of subdivision (b), and shall allocate
23.54 percent for purposes of paragraph (4) of subdivision (b).
   (f) Commencing with the 2012-13 fiscal year, the Controller shall
allocate 21.86 percent of the amount deposited in the Enhancing Law
Enforcement Activities Subaccount in the Local Revenue Fund 2011 for
the purposes of paragraphs (1) to (3), inclusive, of subdivision (b),
and shall allocate 21.86 percent for purposes of paragraph (4) of
subdivision (b).
   (g) The Controller shall allocate funds to local jurisdictions for
public safety in accordance with this section as annually calculated
by the Director of Finance.
   (h) Funds received pursuant to subdivision (b) shall be expended
or encumbered in accordance with this chapter no later than June 30
of the following fiscal year. A local agency that has not met the
requirement of this subdivision shall remit unspent SLESA moneys
received after April 1, 2009, to the Controller for deposit in the
Local Safety and Protection Account, after April 1, 2012, to the
Local Law Enforcement Services Account, and after July 1, 2012, to
the County Enhancing Law Enforcement Activities Subaccount.
   (i) In the 2010-11 fiscal year, if the fourth quarter revenue
derived from fees imposed by subdivision (a) of Section 10752.2 of
the Revenue and Taxation Code that are deposited in the General Fund
and transferred to the Local Safety and Protection Account, and
continuously appropriated to the Controller for allocation pursuant
to this section, are insufficient to provide a minimum grant of one
hundred thousand dollars ($100,000) to each law enforcement
jurisdiction, the county auditor shall allocate the revenue
proportionately, based on the allocation schedule in paragraph (3) of
subdivision (b). The county auditor shall proportionately allocate,
based on the allocation schedule in paragraph (3) of subdivision (b),
all revenues received after the distribution of the fourth quarter
allocation attributable to these fees for which payment was due prior
to July 1, 2011, until all minimum allocations are fulfilled, at
which point all remaining revenue shall be distributed
proportionately among the other jurisdictions.
  SEC. 78.  Section 64000 of the Government Code is amended to read:
   64000.  (a) The California Transportation Commission may allocate
available federal and state transportation funds to the Department of
Transportation, consistent with all applicable state and federal
laws governing the use of those funds, to implement the purposes of,
and to operate and manage, the Transportation Finance Bank as
provided in accordance with the provisions of Section 350 of Public
Law 104-59 and Section 1511 of Public Law 105-178 using only funds
made available to the department through the annual budget act.
   (b) The department shall act as a lender in administering the
Transportation Finance Bank and in entering into enforceable
commitments to implement, operate, and manage the program created by
this section to achieve the purposes of the Transportation Finance
Bank.
   (c) The department shall develop, and may amend as necessary, the
guidelines and loan documents for the program, which shall be
presented to the commission for adoption.
   (d) An allocation of funds by the commission to meet capital and
interest obligations created by the Transportation Finance Bank as
those obligations become due shall be construed as an expenditure of
those funds in the county or counties where the project is located.
In the event of default on the loan, an amount equivalent to the
remaining loan balance plus all accrued interest and penalties shall
be deducted from the STIP county share of the affected county or
counties pursuant to Sections 14524 and 14525 and an amount
equivalent to the remaining loan balance plus all accrued interest
and penalties shall be transferred from the State Highway Account to
the Transportation Finance Bank. Interest shall continue to accrue up
to the date that the fund transfer is actually made.
   (e) An eligible entity requesting loan funds under this section
shall first receive approval of the project from the applicable
regional transportation planning agency or county transportation
commission where the project is located prior to the execution of a
loan agreement with the department and the receipt of any funding.
   (f) Only projects that have a dedicated revenue source and are
eligible for assistance under Section 1511 of Public Law 105-178 are
entitled to funding under this section.
   (g) The Local Transportation Loan Account is hereby created in the
State Highway Account in the State Transportation Fund for the
management of funds for loans to local entities pursuant to this
section. All funds for transportation loans in the Federal Trust Fund
are hereby transferred to the Local Transportation Loan Account. The
department shall deposit in the Local Transportation Loan Account
all money received by the department from repayments of and interest
and penalties on existing and future transportation loans from the
Transportation Finance Bank. Interest on money in the Local
Transportation Loan Account shall be credited to that account as it
accrues.
   (h) Notwithstanding Section 13340, the money in the Local
Transportation Loan Account is continuously appropriated to the
department without regard to fiscal years for purposes of loans to
eligible projects as defined by Section 1511 of Public Law 105-178.
  SEC. 79.  Section 63.6 of the Harbors and Navigation Code is
repealed.
  SEC. 80.  Section 1159.5 of the Harbors and Navigation Code is
repealed.
  SEC. 81.  Section 1342.7 of the Health and Safety Code is amended
to read:
   1342.7.  (a) The Legislature finds that in enacting Sections
1367.215, 1367.25, 1367.45, 1367.51, and 1374.72, it did not intend
to limit the department's authority to regulate the provision of
medically necessary prescription drug benefits by a health care
service plan to the extent that the plan provides coverage for those
benefits.
   (b) (1) Nothing in this chapter shall preclude a plan from filing
relevant information with the department pursuant to Section 1352 to
seek the approval of a copayment, deductible, limitation, or
exclusion to a plan's prescription drug benefits. If the department
approves an exclusion to a plan's prescription drug benefits, the
exclusion shall not be subject to review through the independent
medical review process pursuant to Section 1374.30 on the grounds of
medical necessity. The department shall retain its role in assessing
whether issues are related to coverage or medical necessity pursuant
to paragraph (2) of subdivision (d) of Section 1374.30.
   (2) A plan seeking approval of a copayment or deductible may file
an amendment pursuant to Section 1352.1. A plan seeking approval of a
limitation or exclusion shall file a material modification pursuant
to subdivision (b) of Section 1352.
   (c) Nothing in this chapter shall prohibit a plan from charging a
subscriber or enrollee a copayment or deductible for a prescription
drug benefit or from setting forth by contract, a limitation or an
exclusion from, coverage of prescription drug benefits, if the
copayment, deductible, limitation, or exclusion is reported to, and
found unobjectionable by, the director and disclosed to the
subscriber or enrollee pursuant to the provisions of Section 1363.
   (d) The department in developing standards for the approval of a
copayment, deductible, limitation, or exclusion to a plan's
prescription drug benefits, shall consider alternative benefit
designs, including, but not limited to, the following:
   (1) Different out-of-pocket costs for consumers, including
copayments and deductibles.
   (2) Different limitations, including caps on benefits.
   (3) Use of exclusions from coverage of prescription drugs to treat
various conditions, including the effect of the exclusions on the
plan's ability to provide basic health care services, the amount of
subscriber or enrollee premiums, and the amount of out-of-pocket
costs for an enrollee.
   (4) Different packages negotiated between purchasers and plans.
   (5) Different tiered pharmacy benefits, including the use of
generic prescription drugs.
   (6) Current and past practices.
   (e) The department shall develop a regulation outlining the
standards to be used in reviewing a plan's request for approval of
its proposed copayment, deductible, limitation, or exclusion on its
prescription drug benefits.
   (f) Nothing in subdivision (b) or (c) shall permit a plan to limit
prescription drug benefits provided in a manner that is inconsistent
with Sections 1367.215, 1367.25, 1367.45, 1367.51, and 1374.72.
   (g) Nothing in this section shall be construed to require or
authorize a plan that contracts with the State Department of Health
Services to provide services to Medi-Cal beneficiaries or with the
Managed Risk Medical Insurance Board to provide services to enrollees
of the Healthy Families Program to provide coverage for prescription
drugs that are not required pursuant to those programs or contracts,
or to limit or exclude any prescription drugs that are required by
those programs or contracts.
   (h) Nothing in this section shall be construed as prohibiting or
otherwise affecting a plan contract that does not cover outpatient
prescription drugs except for coverage for limited classes of
prescription drugs because they are integral to treatments covered as
basic health care services, including, but not limited to,
immunosuppressives, in order to allow for transplants of bodily
organs.
   (i) The department shall periodically review its regulations
developed pursuant to this section.
   (j) This section shall become operative on January 2, 2003, and
shall only apply to contracts issued, amended, or renewed on or after
that date.
  SEC. 82.  Section 1357.16 of the Health and Safety Code is amended
to read:
   1357.16.  (a)  Health care service plans may enter into
contractual agreements with qualified associations, as defined in
subdivision (b), under which these qualified associations may assume
responsibility for performing specific administrative services, as
defined in this section, for qualified association members. Health
care service plans that enter into agreements with qualified
associations for assumption of administrative services shall
establish uniform definitions for the administrative services that
may be provided by a qualified association or its third-party
administrator. The health care service plan shall permit all
qualified associations to assume one or more of these functions when
the health care service plan determines the qualified association
demonstrates the administrative capacity to assume these functions.
   For the purposes of this section, administrative services provided
by qualified associations or their third-party administrators shall
be services pertaining to eligibility determination, enrollment,
premium collection, sales, or claims administration on a per-claim
basis that would otherwise be provided directly by the health care
service plan or through a third-party administrator on a commission
basis or an agent or solicitor workforce on a commission basis.
   Each health care service plan that enters into an agreement with
any qualified association for the provision of administrative
services shall offer all qualified associations with which it
contracts the same premium discounts for performing those services
the health care service plan has permitted the qualified association
or its third-party administrator to assume. The health care service
plan shall apply these uniform discounts to the health care service
plan's risk adjusted employee risk rates after the health plan has
determined the qualified association's risk adjusted employee risk
rates pursuant to Section 1357.12. The health care service plan shall
report to the Department of Managed Health Care its schedule of
discount for each administrative service.
   In no instance may a health care service plan provide discounts to
qualified associations that are in any way intended to, or
materially result in, a reduction in premium charges to the qualified
association due to the health status of the membership of the
qualified association. In addition to any other remedies available to
the director to enforce this chapter, the director may declare a
contract between a health care service plan and a qualified
association for administrative services pursuant to this section null
and void if the director determines any discounts provided to the
qualified association are intended to, or materially result in, a
reduction in premium charges to the qualified association due to the
health status of the membership of the qualified association.
   (b)  For the purposes of this section, a qualified association is
a nonprofit corporation comprised of a group of individuals or
employers who associate based solely on participation in a specified
profession or industry, that conforms to all of the following
requirements:
   (1)  It accepts for membership any individual or small employer
meeting its membership criteria.
   (2)  It does not condition membership directly or indirectly on
the health or claims history of any person.
   (3)  It uses membership dues solely for and in consideration of
the membership and membership benefits, except that the amount of the
dues shall not depend on whether the member applies for or purchases
insurance offered by the association.
   (4)  It is organized and maintained in good faith for purposes
unrelated to insurance.
   (5)  It existed on January 1, 1972, and has been in continuous
existence since that date.
   (6)  It has a constitution and bylaws or other analogous governing
documents that provide for election of the governing board of the
association by its members.
   (7)  It offered, marketed, or sold health coverage to its members
for 20 continuous years prior to January 1, 1993.
                               (8)  It agrees to offer only to
association members any plan contract.
   (9)  It agrees to include any member choosing to enroll in the
plan contract offered by the association, provided that the member
agrees to make required premium payments.
   (10)  It complies with all provisions of this article.
   (11)  It had at least 10,000 enrollees covered by association
sponsored plans immediately prior to enactment of Chapter 1128 of the
Statutes of 1992.
   (12)  It applies any administrative cost at an equal rate to all
members purchasing coverage through the qualified association.
   (c)  A qualified association shall comply with Section 1357.52.
  SEC. 83.  Section 1626 of the Health and Safety Code is amended to
read:
   1626.  (a)  Except as provided in subdivisions (b) and (c), it
shall be unlawful, in any transfusion of blood, to use any blood that
was obtained from a paid donor.
   (b)  Subdivision (a) shall not be applicable to any transfusion of
blood that was obtained from a paid donor if the physician and
surgeon performing the transfusion has determined, taking into
consideration the condition of the patient who is the recipient of
the transfusion, that other blood of a type compatible with the blood
type of the patient cannot reasonably be obtained for the
transfusion.
   (c)  Subdivision (a) shall not apply to blood platelets secured
from paid donors through the hemapheresis process if all of the
following requirements are satisfied:
   (1)  The blood platelets are ordered by a doctor holding a valid
California physician's and surgeon's certificate.
   (2)  The blood platelets are secured from a single donor and are
sufficient to constitute a complete platelet transfusion.
   (3)  The donor's identification number is recorded on the platelet
label and is kept in the records of the entity providing the blood
platelets for a minimum of five years.
   (4)  The donor has been examined by a doctor holding a valid
California physician's and surgeon's certificate, and a repeat donor
is reexamined at least annually.
   (5)  The transfusion is performed in a general acute care
hospital.
   (6)  The blood platelets are processed according to standards
issued by the American Association of Blood Banks, pursuant to
Section 1602.1.
   (7)  The donor and blood are tested in accordance with regulations
issued by the State Department of Health Services.
   (8)  The entity providing the blood platelets is licensed by the
State Department of Health Services.
   (9)  The information that the donor of the blood platelets was
compensated is printed on the label in accordance with Section
1603.5.
   (10)  In all instances, a potential donor shall provide a blood
sample, which shall be tested with the standard panel of blood tests
required by the State Department of Health Services for all blood
donations. The results of the testing shall be obtained, evaluated,
and determined to be acceptable prior to allowing the potential donor
to provide his or her first donation of platelets. In addition, all
donors shall be required to schedule an appointment for platelet
donation.
   (11)  Any entity that is not collecting blood platelets from paid
donors on August 1, 2000, shall obtain written permission from the
director prior to compensating any donor for blood platelets.
   (d)  Subdivision (c) shall become inoperative on January 1, 2003.
  SEC. 84.  Section 24275 of the Health and Safety Code is amended to
read:
   24275.  (a)  If the State Department of Health Services believes
that the air monitoring standard for asbestos in public school
buildings as specified in Section 49410.7 of the Education Code
should be revised, it shall promulgate a regulation to that effect.
   (b)  The department shall provide the Office of Public School
Construction with appropriate sampling methodology for use in taking
air samples in public school buildings.
  SEC. 85.  Section 25150.7 of the Health and Safety Code is amended
to read:
   25150.7.  (a) The Legislature finds and declares that this section
is intended to address the unique circumstances associated with the
generation and management of treated wood waste. The Legislature
further declares that this section does not set a precedent
applicable to the management, including disposal, of other hazardous
wastes.
   (b) For purposes of this section, the following definitions shall
apply:
   (1) "Treated wood" means wood that has been treated with a
chemical preservative for purposes of protecting the wood against
attacks from insects, microorganisms, fungi, and other environmental
conditions that can lead to decay of the wood and the chemical
preservative is registered pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
   (2) "Wood preserving industry" means business concerns, other than
retailers, that manufacture or sell treated wood products in the
state.
   (c) This section applies only to treated wood waste that is a
hazardous waste, solely due to the presence of a preservative in the
wood, and to which both of the following requirements apply:
   (1) The treated wood waste is not subject to regulation as a
hazardous waste under the federal act.
   (2) Section 25143.1.5 does not apply to the treated wood waste.
   (d) (1) Notwithstanding Sections 25189.5 and 25201, treated wood
waste shall be disposed of in either a class I hazardous waste
landfill, or in a composite-lined portion of a solid waste landfill
unit that meets all requirements applicable to disposal of municipal
solid waste in California after October 9, 1993, and that is
regulated by waste discharge requirements issued pursuant to Division
7 (commencing with Section 13000) of the Water Code for discharges
of designated waste, as defined in Section 13173 of the Water Code,
or treated wood waste.
   (2) A solid waste landfill that accepts treated wood waste shall
comply with all of the following requirements:
   (A) Manage the treated wood waste so as to prevent scavenging.
   (B) Ensure that any management of the treated wood waste at the
solid waste landfill prior to disposal, or in lieu of disposal,
complies with the applicable requirements of this chapter, except as
otherwise provided by regulations adopted pursuant to subdivision
(f).
   (C) If monitoring at the composite-lined portion of a landfill
unit at which treated wood waste has been disposed of indicates a
verified release, then treated wood waste shall no longer be
discharged to that landfill unit until corrective action results in
cessation of the release.
   (e) (1) Each wholesaler and retailer of treated wood and treated
wood-like products in this state shall conspicuously post information
at or near the point of display or customer selection of treated
wood and treated wood-like products used for fencing, decking,
retaining walls, landscaping, outdoor structures, and similar uses.
The information shall be provided to wholesalers and retailers by the
wood preserving industry in 22-point font, or larger, and contain
the following message:

   Warning--Potential Danger

   These products are treated with wood preservatives registered with
the United States Environmental Protection Agency and the California
Department of Pesticide Regulation and should only be used in
compliance with the product labels.
   This wood may contain chemicals classified by the State of
California as hazardous and should be handled and disposed of with
care. Check product label for specific preservative information and
Proposition 65 warnings concerning presence of chemicals known to the
State of California to cause cancer or birth defects.
   Anyone working with treated wood, and anyone removing old treated
wood, needs to take precautions to minimize exposure to themselves,
children, pets, or wildlife, including:

?  Avoid contact with skin. Wear gloves and long sleeved shirts when
working with treated wood. Wash exposed areas thoroughly with mild
soap and water after working with treated wood.

?  Wear a dust mask when machining any wood to reduce the inhalation
of wood dusts. Avoid frequent or prolonged inhalation of sawdust
from treated wood. Machining operations should be performed outdoors
whenever possible to avoid indoor accumulations of airborne sawdust.

?  Wear appropriate eye protection to reduce the potential for eye
injury from wood particles and flying debris during machining.

?  If preservative or sawdust accumulates on clothes, launder before
reuse. Wash work clothes separately from other household clothing.

?  Promptly clean up and remove all sawdust and scraps and dispose
of appropriately.

?  Do not use treated wood under circumstances where the
preservative may become a component of food or animal feed.

?  Only use treated wood that's visibly clean and free from surface
residue for patios, decks, or walkways.

?  Do not use treated wood where it may come in direct or indirect
contact with public drinking water, except for uses involving
incidental contact such as docks and bridges.

?  Do not use treated wood for mulch.

?  Do not burn treated wood. Preserved wood should not be burned in
open fires, stoves, or fireplaces.


   For further information, go to the Internet Web site for the
Western Wood Preservers Institute (http://www.wwpinstitute.org) or
call the toll-free telephone number of the California Treated Wood
Information Hotline at 1-866-696-8315.

   In addition to the above listed precautions, treated wood waste
shall be managed in compliance with applicable hazardous waste
control laws.
   (2) On or before July 1, 2005, the wood preserving industry shall,
jointly and in consultation with the department, make information
available to generators of treated wood waste, including fencing,
decking and landscape contractors, solid waste landfills, and
transporters, that describes how to best handle, dispose of, and
otherwise manage treated wood waste, through the use either of a
toll-free telephone number, Internet Web site, information labeled on
the treated wood, information accompanying the sale of the treated
wood, or by mailing if the department determines that mailing is
feasible and other methods of communication would not be as
effective. A treated wood manufacturer or supplier to a wholesaler or
retailer shall also provide the information with each shipment of
treated wood products to a wholesaler or retailer, and the wood
preserving industry shall provide it to fencing, decking, and
landscaping contractors, by mail, using the Contractors' State
License Board's available listings, and license application packages.
The department may provide guidance to the wood preserving industry,
to the extent resources permit.
   (f) (1) On or before January 1, 2007, the department, in
consultation with the Department of Resources Recycling and Recovery,
the State Water Resources Control Board, and the Office of
Environmental Health Hazard Assessment, and after consideration of
any known health hazards associated with treated wood waste, shall
adopt and may subsequently revise as necessary, regulations
establishing management standards for treated wood waste as an
alternative to the requirements specified in this chapter and the
regulations adopted pursuant to this chapter.
   (2) The regulations adopted pursuant to this subdivision shall, at
a minimum, ensure all of the following:
   (A) Treated wood waste is properly stored, treated, transported,
tracked, disposed of, and otherwise managed so as to prevent, to the
extent practical, releases of hazardous constituents to the
environment, prevent scavenging, and prevent harmful exposure of
people, including workers and children, aquatic life, and animals to
hazardous chemical constituents of the treated wood waste.
   (B) Treated wood waste is not reused, with or without treatment,
except for a purpose that is consistent with the approved use of the
preservative with which the wood has been treated. For purposes of
this subparagraph, "approved uses" means a use approved at the time
the treated wood waste is reused.
   (C) Treated wood waste is managed in accordance with all
applicable laws.
   (D) Any size reduction of treated wood waste is conducted in a
manner that prevents the uncontrolled release of hazardous
constituents to the environment, and that conforms to applicable
worker health and safety requirements.
   (E) All sawdust and other particles generated during size
reduction are captured and managed as treated wood waste.
   (F) All employees involved in the acceptance, storage, transport,
and other management of treated wood waste are trained in the safe
and legal management of treated wood waste, including, but not
limited to, procedures for identifying and segregating treated wood
waste.
   (3) This subdivision does not authorize the department to adopt a
regulation that does one or more of the following:
   (A) Imposes a requirement as an addition to, rather than as an
alternative to, one or more of the requirements of this chapter.
   (B) Supersedes subdivision (d) concerning the disposal of treated
wood waste.
   (C) Supersedes any other provision of this chapter that provides a
conditional or unconditional exclusion, exemption, or exception to a
requirement of this chapter or the regulations adopted pursuant to
this chapter, except the department may adopt a regulation pursuant
to this subdivision that provides an alternative condition for a
requirement specified in this chapter for an exclusion, exemption, or
exception and that allows an affected person to choose between
complying with the requirements specified in this chapter or
complying with the alternative conditions set forth in the
regulation.
   (g) (1) A person managing treated wood waste who is subject to a
requirement of this chapter, including a regulation adopted pursuant
to this chapter, shall comply with either the alternative standard
specified in the regulations adopted pursuant to subdivision (f) or
with the requirements of this chapter.
   (2) A person who is in compliance with the alternative standard
specified in the regulations adopted pursuant to subdivision (f) is
deemed to be in compliance with the requirement of this chapter for
which the regulation is identified as being an alternative, and the
department and any other entity authorized to enforce this chapter
shall consider that person to be in compliance with that requirement
of this chapter.
   (h) On January 1, 2005, all variances granted by the department
before January 1, 2005, governing the management of treated wood
waste are inoperative and have no further effect.
   (i) This section does not limit the authority or responsibility of
the department to adopt regulations under any other law.
   (j) This section shall become inoperative on June 1, 2017, and, as
of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.
   (k) A regulation adopted pursuant to this section on or before
June 1, 2012, shall continue in force and effect after that date,
until repealed or revised by the department.
  SEC. 86.  Section 25174 of the Health and Safety Code is amended to
read:
   25174.  (a) There is in the General Fund the Hazardous Waste
Control Account, which shall be administered by the director. In
addition to any other money that may be deposited in the Hazardous
Waste Control Account, pursuant to statute, all of the following
amounts shall be deposited in the account:
   (1) The fees collected pursuant to Sections 25174.1, 25205.2,
25205.5, 25205.15, and 25205.16.
   (2) The fees collected pursuant to Section 25187.2, to the extent
that those fees are for the oversight of corrective action taken
under this chapter.
   (3) Any interest earned upon the money deposited in the Hazardous
Waste Control Account.
   (4) Any money received from the federal government pursuant to the
federal act.
   (5) Any reimbursements for funds expended from the Hazardous Waste
Control Account for services provided by the department pursuant to
this chapter, including, but not limited to, the reimbursements
required pursuant to Sections 25201.9 and 25205.7.
   (b) The funds deposited in the Hazardous Waste Control Account may
be appropriated by the Legislature, for expenditure as follows:
   (1) To the department for the administration and implementation of
this chapter.
   (2) To the department for allocation to the State Board of
Equalization to pay refunds of fees collected pursuant to Sections
43051 and 43053 of the Revenue and Taxation Code and for the
administration and collection of the fees imposed pursuant to Article
9.1 (commencing with Section 25205.1) that are deposited into the
Hazardous Waste Control Account.
   (3) To the department for the costs of performance or review of
analyses of past, present, or potential environmental public health
effects related to toxic substances, including extremely hazardous
waste, as defined in Section 25115, and hazardous waste, as defined
in Section 25117.
   (4) To the department for allocation to the office of the Attorney
General for the support of the Toxic Substance Enforcement Program
in the office of the Attorney General, in carrying out the purposes
of this chapter.
   (5) To the department for administration and implementation of
Chapter 6.11 (commencing with Section 25404).
   (c) (1) Expenditures from the Hazardous Waste Control Account for
support of state agencies other than the department shall, upon
appropriation by the Legislature to the department, be subject to an
interagency agreement or similar mechanism between the department and
the state agency receiving the support.
   (2) The department shall, at the time of the release of the annual
Governor's Budget, describe the budgetary amounts proposed to be
allocated to the State Board of Equalization, as specified in
paragraph (2) of subdivision (b) and in paragraph (3) of subdivision
(b) of Section 25173.6, for the upcoming fiscal year.
   (3) It is the intent of the Legislature that moneys appropriated
in the annual Budget Act each year for the purpose of reimbursing the
State Board of Equalization, a private party, or other public
agency, for the administration and collection of the fees imposed
pursuant to Article 9.1 (commencing with Section 25205.1) and
deposited in the Hazardous Waste Control Account, shall not exceed
the costs incurred by the State Board of Equalization, the private
party, or other public agency, for the administration and collection
of those fees.
   (d) With respect to expenditures for the purposes of paragraphs
(1) and (3) of subdivision (b) and paragraphs (1) and (2) of
subdivision (b) of Section 25173.6, the department shall, at the time
of the release of the annual Governor's Budget, also make available
the budgetary amounts and allocations of staff resources of the
department proposed for the following activities:
   (1) The department shall identify, by permit type, the projected
allocations of budgets and staff resources for hazardous waste
facilities permits, including standardized permits, closure plans,
and postclosure permits.
   (2) The department shall identify, with regard to surveillance and
enforcement activities, the projected allocations of budgets and
staff resources for the following types of regulated facilities and
activities:
   (A) Hazardous waste facilities operating under a permit or grant
of interim status issued by the department, and generator activities
conducted at those facilities. This information shall be reported by
permit type.
   (B) Transporters.
   (C) Response to complaints.
   (3) The department shall identify the projected allocations of
budgets and staff resources for both of the following activities:
   (A) The registration of hazardous waste transporters.
   (B) The operation and maintenance of the hazardous waste manifest
system.
   (4) The department shall identify, with regard to site mitigation
and corrective action, the projected allocations of budgets and staff
resources for the oversight and implementation of the following
activities:
   (A) Investigations and removal and remedial actions at military
bases.
   (B) Voluntary investigations and removal and remedial actions.
   (C) State match and operation and maintenance costs, by site, at
joint state and federally funded National Priority List Sites.
   (D) Investigation, removal and remedial actions, and operation and
maintenance at the Stringfellow Hazardous Waste Site.
   (E) Investigation, removal and remedial actions, and operation and
maintenance at the Casmalia Hazardous Waste Site.
   (F) Investigations and removal and remedial actions at
nonmilitary, responsible party lead National Priority List Sites.
   (G) Preremedial activities under the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. Sec. 9601 et seq.).
   (H) Investigations, removal and remedial actions, and operation
and maintenance at state-only orphan sites.
   (I) Investigations and removal and remedial actions at
nonmilitary, non-National Priority List responsible party lead sites.

   (J) Investigations, removal and remedial actions, and operation
and maintenance at Expedited Remedial Action Program sites pursuant
to former Chapter 6.85 (commencing with Section 25396).
   (K) Corrective actions at hazardous waste facilities.
   (5) The department shall identify, with regard to the regulation
of hazardous waste, the projected allocation of budgets and staff
resources for the following activities:
   (A) Determinations pertaining to the classification of hazardous
wastes.
   (B) Determinations for variances made pursuant to Section 25143.
   (C) Other determinations and responses to public inquiries made by
the department regarding the regulation of hazardous waste and
hazardous substances.
   (6) The department shall identify projected allocations of budgets
and staff resources needed to do all of the following:
   (A) Identify, remove, store, and dispose of, suspected hazardous
substances or hazardous materials associated with the investigation
of clandestine drug laboratories.
   (B) Respond to emergencies pursuant to Section 25354.
   (C) Create, support, maintain, and implement the railroad accident
prevention and immediate deployment plan developed pursuant to
Section 7718 of the Public Utilities Code.
   (7) The department shall identify projected allocations of budgets
and staff resources for the administration and implementation of the
unified hazardous waste and hazardous materials regulatory program
established pursuant to Chapter 6.11 (commencing with Section 25404).

   (8) The department shall identify the total cumulative
expenditures of the Regulatory Structure Update and Site Mitigation
Update projects since their inception, and shall identify the total
projected allocations of budgets and staff resources that are needed
to continue these projects.
   (9) The department shall identify the total projected allocations
of budgets and staff resources that are necessary for all other
activities proposed to be conducted by the department.
   (e) Notwithstanding this chapter, or Part 22 (commencing with
Section 43001) of Division 2 of the Revenue and Taxation Code, for
any fees, surcharges, fines, penalties, and funds that are required
to be deposited into the Hazardous Waste Control Account or the Toxic
Substances Control Account, the department, with the approval of the
Secretary for Environmental Protection, may take any of the
following actions:
   (1) Assume responsibility for, or enter into a contract with a
private party or with another public agency, other than the State
Board of Equalization, for the collection of any fees, surcharges,
fines, penalties and funds described in subdivision (a) or otherwise
described in this chapter or Chapter 6.8 (commencing with Section
25300), for deposit into the Hazardous Waste Control Account or the
Toxic Substances Control Account.
   (2) Administer, or by mutual agreement, contract with a private
party or another public agency, for the making of those
determinations and the performance of functions that would otherwise
be the responsibility of the State Board of Equalization pursuant to
this chapter, Chapter 6.8 (commencing with Section 25300), or Part 22
(commencing with Section 43001) of Division 2 of the Revenue and
Taxation Code, if those activities and functions for which the State
Board of Equalization would otherwise be responsible become the
responsibility of the department or, by mutual agreement, the
contractor selected by the department.
   (f) If, pursuant to subdivision (e), the department, or a private
party or another public agency, pursuant to a contract with the
department, performs the determinations and functions that would
otherwise be the responsibility of the State Board of Equalization,
the department shall be responsible for ensuring that persons who are
subject to the fees specified in subdivision (e) have equivalent
rights to public notice and comment, and procedural and substantive
rights of appeal, as afforded by the procedures of the State Board of
Equalization pursuant to Part 22 (commencing with Section 43001) of
Division 2 of the Revenue and Taxation Code. Final responsibility for
the administrative adjustment of fee rates and the administrative
appeal of any fees or penalty assessments made pursuant to this
section may only be assigned by the department to a public agency.
   (g) If, pursuant to subdivision (e), the department, or a private
party or another public agency, pursuant to a contract with the
department, performs the determinations and functions that would
otherwise be the responsibility of the State Board of Equalization,
the department shall have equivalent authority to make collections
and enforce judgments as provided to the State Board of Equalization
pursuant to Part 22 (commencing with Section 43001) of Division 2 of
the Revenue and Taxation Code. Unpaid amounts, including penalties
and interest, shall be a perfected and enforceable state tax lien in
accordance with Section 43413 of the Revenue and Taxation Code.
   (h) The department, with the concurrence of the Secretary for
Environmental Protection, shall determine which administrative
functions should be retained by the State Board of Equalization,
administered by the department, or assigned to another public agency
or private party pursuant to subdivisions (e), (f), and (g).
   (i) The department may adopt regulations to implement subdivisions
(e) to (h), inclusive.
   (j) The Director of Finance, upon request of the director, may
make a loan from the General Fund to the Hazardous Waste Control
Account to meet                                          cash needs.
The loan shall be subject to the repayment provisions of Section
16351 of the Government Code and the interest provisions of Section
16314 of the Government Code.
   (k) The department shall establish, within the Hazardous Waste
Control Account, a reserve of at least one million dollars
($1,000,000) each year to ensure that all programs funded by the
Hazardous Waste Control Account will not be adversely affected by any
revenue shortfalls.
  SEC. 87.  Section 25244.11 of the Health and Safety Code is
repealed.
  SEC. 88.  Section 25299.50 of the Health and Safety Code is amended
to read:
   25299.50.  (a) The Underground Storage Tank Cleanup Fund is hereby
created in the State Treasury. The money in the fund may be expended
by the board, upon appropriation by the Legislature, for purposes of
this chapter. From time to time, the board may modify existing
accounts or create accounts in the fund or other funds administered
by the board, which the board determines are appropriate or necessary
for proper administration of this chapter.
   (b) Except for funds transferred to the Drinking Water Treatment
and Research Fund created pursuant to subdivision (c) of Section
116367, all of the following amounts shall be deposited in the fund:
   (1) Money appropriated by the Legislature for deposit in the fund.

   (2) The fees, interest, and penalties collected pursuant to
Article 5 (commencing with Section 25299.40).
   (3) Notwithstanding Section 16475 of the Government Code, any
interest earned upon the money deposited in the fund.
   (4) Any money recovered by the fund pursuant to Section 25299.70.
   (5) Any civil penalties collected by the board or regional board
pursuant to Section 25299.76.
   (c) Notwithstanding subdivision (a), any funds appropriated by the
Legislature in the annual Budget Act for payment of a claim for the
costs of a corrective action in response to an unauthorized release,
that are encumbered for expenditure for a corrective action pursuant
to a letter of credit issued by the board pursuant to subdivision (e)
of Section 25299.57, but are subsequently not expended for that
corrective action claim, may be reallocated by the board for payment
of other claims for corrective action pursuant to Section 25299.57.
  SEC. 89.  Section 25299.112 of the Health and Safety Code is
repealed.
  SEC. 90.  Section 43105.5 of the Health and Safety Code is amended
to read:
   43105.5.  (a)  For all 1994 and later model-year motor vehicles
equipped with on board diagnostic systems (OBD's) and certified in
accordance with the test procedures adopted pursuant to Section
43104, the state board, not later than January 1, 2002, shall adopt
regulations that require a motor vehicle manufacturer to do all of
the following to the extent not limited or prohibited by federal law
(the regulations adopted by the state board pursuant to this
provision may include subject matter similar to the subject matter
included in regulations adopted by the United States Environmental
Protection Agency):
   (1)  Make available, within a reasonable period of time, and by
reasonable business means, including, but not limited to, use of the
Internet, as determined by the state board, to all covered persons,
the full contents of all manuals, technical service bulletins, and
training materials regarding emissions-related motor vehicle
information that is made available to their franchised dealerships.
   (2)  Make available for sale to all covered persons the
manufacturer's emissions-related enhanced diagnostic tools, and make
emissions-related enhanced data stream information and bidirectional
controls related to tools available in electronic format to equipment
and tool companies.
   (3)  If the motor vehicle manufacturer uses reprogrammable
computer chips in its motor vehicles, provide equipment and tool
companies with the information that is provided by the manufacturer
to its dealerships to allow those companies to incorporate into
aftermarket tools the same reprogramming capability.
   (4)  Make available to all covered persons, within a reasonable
period of time, a general description of their on board diagnostic
systems (OBD II) for the 1996 and subsequent model-years, which shall
contain the information described in this paragraph. For each
monitoring system utilized by a manufacturer that illuminates the OBD
II malfunction indicator light, the motor vehicle manufacturer shall
provide all of the following:
   (A)  A general description of the operation of the monitor,
including a description of the parameter that is being monitored.
   (B)  A listing of all typical OBD II diagnostic trouble codes
associated with each monitor.
   (C)  A description of the typical enabling conditions for each
monitor to execute during vehicle operation, including, but not
limited to, minimum and maximum intake air and engine coolant
temperature, vehicle speed range, and time after engine startup.
   (D)  A listing of each monitor sequence, execution frequency, and
typical duration.
   (E)  A listing of typical malfunction thresholds for each monitor.

   (F)  For OBD II parameters for specific vehicles that deviate from
the typical parameters, the OBD II description shall indicate the
deviation and provide a separate listing of the typical value for
those vehicles.
   (G)  The information required by this paragraph shall not include
specific algorithms, specific software code, or specific calibration
data beyond that required to be made available through the generic
scan tool in federal and California on board diagnostic regulations.
   (5)  Not utilize any access or recognition code or any type of
encryption for the purpose of preventing a vehicle owner from using
an emissions-related motor vehicle part with the exception of the
powertrain control modules, engine control modules, and transmission
control modules, that has not been manufactured by that manufacturer
or any of its original equipment suppliers.
   (6)  Provide to all covered persons information regarding
initialization procedures relating to immobilizer circuits or other
lockout devices to reinitialize vehicle on board computers that
employ integral vehicle security systems if necessary to repair or
replace an emissions-related part, or if necessary for the proper
installation of vehicle on board computers that employ integral
vehicle security systems.
   (7)  All information required to be provided to covered persons by
this section shall be provided, for fair, reasonable, and
nondiscriminatory compensation, in a format that is readily
accessible to all covered persons, as determined by the state board.
   (b)  Any information required to be disclosed pursuant to a final
regulation adopted under this section that the motor vehicle
manufacturer demonstrates to a court, on a case-by-case basis, to be
a trade secret pursuant to the Uniform Trade Secret Act contained in
Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the
Civil Code, shall be exempt from disclosure, unless the court, upon
the request of a covered person seeking disclosure of the
information, determines that the disclosure of the information is
necessary to mitigate anticompetitive effects. In making this
determination, the court shall consider, among other things, the
practices of any motor vehicle manufacturer that results in the
fullest disclosure of information listed in paragraph (4) of
subdivision (a). In actions subject to this subdivision, the court
shall preserve the secrecy of an alleged trade secret by reasonable
means, which may include granting a protective order in connection
with discovery proceedings, holding an in-camera hearing, sealing the
record of the action, or ordering any person involved in the
litigation not to disclose an alleged trade secret without prior
court approval.
   (c)  If information is required to be disclosed by a motor vehicle
manufacturer pursuant to subdivision (b), the court shall allow for
the imposition of reasonable business conditions as a condition of
disclosure, and may include punitive sanctions for the improper
release of information that is determined to be a trade secret to a
competitor of the manufacturer. The court shall also provide for
fair, reasonable, and nondiscrimatory compensation to the motor
vehicle manufacturer for the disclosure of information determined by
the court to be a trade secret and required to be disclosed pursuant
to subdivision (b). The court shall provide for the dissemination of
trade secret information required to be disclosed pursuant to
subdivision (b) through licensing agreements and the collection of
reasonable licensing fees. If the court determines that disclosure of
any of the information required to be disclosed under subdivision
(b) constitutes a taking of personal property, a jury trial shall be
held to determine the amount of compensation for that taking, unless
waived by the motor vehicle manufacturer.
   (d)  The state board shall periodically conduct surveys to
determine whether the information requirements imposed by this
section are being fulfilled by actual field availability of the
information.
   (e)  If the executive officer of the state board obtains credible
evidence that a motor vehicle manufacturer has failed to comply with
any of the requirements of this section or the regulations adopted by
the state board, the executive officer shall issue a notice to
comply to the manufacturer. Not later than 30 days after issuance of
the notice to comply, the vehicle manufacturer shall submit to the
executive officer a compliance plan, unless within that 30-day period
the manufacturer requests an administrative hearing to contest the
basis or scope of the notice to comply in accordance with subdivision
(f). The executive officer shall accept the compliance plan if it
provides adequate demonstration that the manufacturer will come into
compliance with this section and the board's implementing regulations
within 45 days following submission of the plan. However, the
executive officer may extend the compliance period if the executive
officer determines that the violation cannot be remedied within that
period.
   (f)  If the motor vehicle manufacturer contests a notice to comply
pursuant to subdivision (e) or the executive officer rejects the
compliance plan submitted by the manufacturer, an administrative
hearing shall be conducted by a hearing officer appointed by the
state board, in accordance with procedures established by the state
board. The hearing procedures shall provide the manufacturer and any
other interested party at least 30 days notice of the hearing. If,
after the hearing, the hearing officer appointed by the state board
finds that the motor vehicle manufacturer has failed to comply with
any of the requirements of this section or the regulations adopted by
the state board, and the manufacturer fails to correct the violation
with 30 days from the date of the finding, the hearing officer may
impose a civil penalty upon the manufacturer in an amount not to
exceed twenty-five thousand dollars ($25,000) per day per violation
until the violation is corrected, as determined in accordance with
the hearing procedures established by the state board. The hearing
procedures may provide additional time for compliance prior to
imposing a civil penalty. If so, the hearing officer may grant
additional time for compliance if he or she determines that the
violation cannot be remedied within 30 days of the finding that a
violation has occurred.
   (g)  Nothing in this section is intended to authorize the
infringement of intellectual property rights embodied in United
States patents, trademarks, or copyrights, to the extent those rights
may be exercised consistently with any other federal laws.
  SEC. 91.  Section 44003 of the Health and Safety Code is amended to
read:
   44003.  (a)  (1)  An enhanced motor vehicle inspection and
maintenance program is established in each urbanized area of the
state, any part of which is classified by the Environmental
Protection Agency as a serious, severe, or extreme nonattainment area
for ozone or a moderate or serious nonattainment area for carbon
monoxide with a design value greater than 12.7 ppm, and in other
areas of the state as provided in this chapter.
   (2)  A basic vehicle inspection and maintenance program shall be
continued in all other areas of the state where a program was in
existence under this chapter as of the effective date of this
paragraph.
   (b)  The department may prescribe different test procedures and
equipment requirements for those areas described in subdivision (a).
Program components shall be operated in all program areas unless
otherwise indicated, as determined by the department. In those areas
where the biennial program is not implemented and smog check
inspections are required to complete the requirements set forth in
Sections 4000.1 and 4000.2 of the Vehicle Code, program elements that
apply in basic areas, including test equipment requirements for smog
check stations, shall apply.
   (c)  (1)  Districts classified as attainment areas may request the
department to implement all or part of the program elements defined
in this chapter. However, the department shall not implement the
program established by Section 44010.5 in any area other than an
urbanized area, any part of which is classified by the Environmental
Protection Agency as a serious, severe, or extreme nonattainment area
for ozone or a moderate or serious nonattainment area for carbon
monoxide with a design value greater than 12.7 ppm.
   (2)  Districts that include areas classified as basic program
nonattainment areas pursuant to subdivision (a) may, except as
provided in paragraph (1), request the implementation in those areas
of test procedures and equipment required for enhanced program areas
and any other program requirement specified for enhanced program
areas.
  SEC. 92.  Section 44014.6 of the Health and Safety Code is amended
to read:
   44014.6.  (a) The inspection-based performance standards created
for the certification program established pursuant to subdivision (a)
of Section 44014.2 and subdivision (d) of Section 44014.5 shall be
based on the same criteria.
   (b) The performance standards described in subdivision (a) shall
be applied to smog check technicians licensed pursuant to this
chapter, if the department determines that is feasible.
  SEC. 93.  Section 44024 of the Health and Safety Code is amended to
read:
   44024.  (a)  The department, in cooperation with the state board,
shall investigate new technologies, including the role of onboard
diagnostic systems in vehicles, as a means both for detecting excess
emissions and defective emission control equipment, and for assisting
in determining what repairs would be effective.
   (b)  To incorporate new technologies into the program, the
department may institute the following changes if the department
determines that the changes will be cost-effective and convenient to
vehicle owners:
   (1)  The schedule for testing and certifying vehicles.
   (2)  The location and method for complying with the test
requirements otherwise applicable under this chapter.
   (3)  The equipment requirements and repair procedures, including
the imposition of new or revised diagnostic procedures, to be used at
licensed smog check stations.
   (4)  The training, skill, and licensing requirements for smog
check technicians.
   (5)  The applicable test procedures and emission standards, as
applied at smog check stations, and during roadside inspection.
  SEC. 94.  Section 44081.6 of the Health and Safety Code is amended
to read:
   44081.6.  (a)  The California Environmental Protection Agency, the
state board, and the department, in cooperation with, and with the
participation of, the Environmental Protection Agency, shall jointly
undertake a pilot demonstration program to do all of the following:
   (1)  Determine the emission reduction effectiveness of alternative
loaded mode emission tests compared to the IM240 test.
   (2)  Quantify the emission reductions, above and beyond those
required by Environmental Protection Agency regulation or by the
biennial test requirement, achievable from a remote sensing-based
program that identifies gross polluting and other vehicles and
requires the immediate repair and retest of those gross polluting
vehicles at a test-only station established by this chapter.
   (3)  Determine if high polluting vehicles can be identified and
directed to test-only stations using criteria other than, or in
addition to, age and model year, and whether this reduces the number
of vehicles which would otherwise be subject to inspection at
test-only stations.
   (4)  Qualify emission reductions above and beyond those that are
required by the regulations of the Environmental Protection Agency,
achievable from other program enhancements pursuant to this chapter.
   (5)  Determine the extent to which the capacity of the test-only
station network established pursuant to Section 44010.5 needs to be
expanded to comply with Environmental Protection Agency performance
standards.
   (b)  The California Environmental Protection Agency shall enter
into a memorandum of agreement with the Environmental Protection
Agency to establish the protocol for the pilot demonstration program.
The memorandum of agreement shall ensure, to the extent possible,
that the Environmental Protection Agency will accept the results of
the pilot demonstration program as the findings of the Administrator
of the Environmental Protection Agency. The pilot demonstration
program shall be conducted pursuant to the memorandum of agreement.
   (c)  The review committee established pursuant to Section 44021
shall review the protocol for the pilot demonstration program, as
established in the signed memorandum of agreement, and recommend any
modification that the review committee finds to be appropriate for
the pilot demonstration program. Any such modification shall become
effective only upon the written agreement of the California
Environmental Protection Agency and the Environmental Protection
Agency.
   (d)  The department shall contract, on behalf of the committee,
with an independent entity to ensure quality control in the
collection of data pursuant to the pilot demonstration program. The
department shall also contract, on behalf of the committee, for an
independent analysis of the data produced by the pilot demonstration
program.
   (e)  Any contract entered into pursuant to this section shall not
be subject to any restrictions that are applicable to contracts in
the Government Code or in the Public Contract Code.
   (f)  To the extent possible, the pilot demonstration program shall
be conducted using equipment, facilities, and staff of the state
board, the department, and the Environmental Protection Agency.
   (g)  The pilot demonstration program shall provide for, but not be
limited to, all of the following:
   (1)  For the purposes of this section, any vehicle subject to the
inspection and maintenance program may be selected to participate in
the pilot demonstration program regardless of when last inspected
pursuant to this chapter.
   (2)  Registered owners of vehicles selected to participate in the
pilot demonstration program shall make the vehicle available for
testing within a time period and at a testing facility designated by
the department. If necessary, the department shall increase the
capacity of the existing referee network in the area or areas where
the pilot demonstration program will be operating, in order to
accommodate the convenient testing of selected vehicles.
   (3)  If the department finds that a vehicle is emitting excessive
emissions, the vehicle owner shall be required to make necessary
repairs within the existing cost limits and return to a testing
facility designated by the department. The vehicle owner shall have
additional repairs made if the repairs are requested and funded by
the department. The department shall also fund the cost of any
necessary repairs if the owner of the vehicle has, within the last
two years, already paid for emissions-related repairs to the same
vehicle in an amount at least equal to the existing cost limits, in
order to obtain a certificate of compliance or an emission cost
waiver.
   (4)  Vehicle owners who fail to bring the vehicle in for
inspection or fail to have repairs made pursuant to this section
shall be issued notices of noncompliance. The notice shall provide
that, unless the vehicle is brought to a designated testing facility
for testing, or repair facility for repairs, within 15 days of notice
of the requirement, the owner will be required to pay an
administrative fee of not more than five dollars ($5) a day, not to
exceed two hundred fifty dollars ($250), to be collected by the
Department of Motor Vehicles at the next annual registration renewal
or the next change of ownership of the vehicle, whichever occurs
first. Commencing on the 31st day after issuance of the notice of
noncompliance, the fee shall accrue at the rate of five dollars ($5)
per day up to the two hundred fifty dollars ($250) maximum. Except as
provided in subdivision (b) of Section 9250.18 of the Vehicle Code,
any revenues collected by the Department of Motor Vehicles pursuant
to this subdivision and Section 9250.18 of the Vehicle Code shall be
deposited into the Vehicle Inspection and Repair Fund by the
Department of Motor Vehicles.
   (h)  The Department of Motor Vehicles, the Department of
Transportation, local agencies, and the state board shall provide
necessary support for the program established pursuant to this
section.
   (i)  As soon as possible after the effective date of this section,
the department and the state board shall develop, implement, and
revise as needed, emissions test procedures and emissions standards
necessary to conduct the pilot demonstration program.
  SEC. 95.  Section 44100 of the Health and Safety Code is amended to
read:
   44100.  The Legislature hereby finds and declares as follows:
   (a) Emission reduction programs based on market principles have
the potential to provide equivalent or superior environmental
benefits when compared to existing controls at a lower cost to the
citizens of California than traditional emission control
requirements.
   (b) Several studies have demonstrated that a small percentage of
light-duty vehicles contribute disproportionately to the on-road
emissions inventory. Programs to reduce or eliminate these excess
emissions can significantly contribute to the attainment of the state'
s air quality goals.
   (c) Programs to accelerate fleet turnover can enhance the
effectiveness of the state's new motor vehicle standards by bringing
more low-emission vehicles into the on-road fleet earlier.
   (d) The California State Implementation Plan for Ozone (SIP),
adopted November 15, 1994, and submitted to the Environmental
Protection Agency, calls for added reductions in reactive organic
gases (ROG) and oxides of nitrogen (NOx) from light-duty vehicles by
the year 2010. One of the more market-oriented approaches reflected
in the SIP, known as the M-1 strategy, calls for accelerating the
retirement of older light-duty vehicles in the South Coast Air
Quality Management District to achieve the following emission
reductions:
                    Emissions, TPD (tons per day)
        Year                 (ROG + NOx)
        1999                      9
        2002                      14
        2005                      20
        2007                      22
        2010                      25


   (e) A program for achieving those and more emission reductions
should be based on the following principles:
   (1) If the program receives adequate funding, the first two years
should include a thorough assessment of the costs and short-term and
long-term emission reduction benefits of the program, compared with
other emission reduction programs for light-duty vehicles, which
shall be reflected in recommendations by the state board to the
Governor and the Legislature on strategies and funding needs for
meeting the emission reduction requirements of the M-1 strategy of
the 1994 SIP for the years 1999 to 2010, inclusive.
   (2) The program should first contribute to the achievement of the
emission reductions required by the inspection and maintenance
program and the M-1 strategy of the 1994 SIP, and should permit the
use of mobile source emission reduction credits for other purposes
currently authorized by the state board or a district. Remaining
credits may be used to achieve other emission reductions, including
those required by the 1994 SIP, in a manner consistent with
market-based strategies. Emission credits shall not be used to offset
emission standards or other requirements for new vehicles, except as
authorized by the state board.
   (3) Participation by the vehicle owner shall be entirely voluntary
and the program design should be sensitive to the concerns of car
collectors and to consumers for whom older vehicles provide
affordable transportation.
   (4) The program design shall provide for real, surplus, and
quantifiable emission reductions, based on an evaluation of the
purchased vehicles, taking into account factors that include per-mile
emissions, annual miles driven, remaining useful life of retired
vehicles, and emissions of the typical or average replacement
vehicle, as determined by the state board. The program shall ensure
that there is no double counting of emission credits among the
various vehicle removal programs.
   (5) The program should specify the emission reductions required
and then utilize the market to ensure that these reductions are
obtained at the lowest cost.
   (6) The program should be privately operated. It should utilize
the experience and expertise gained from past successful programs.
Existing entities that are authorized by, contracted with, or
otherwise sanctioned by a district and approved by the state board
and the United States Environmental Protection Agency shall be fully
utilized for purposes of implementing this article. Nothing in this
paragraph restricts the Department of Consumer Affairs from selecting
qualified contractors to operate or administer any program specified
pursuant to this chapter.
   (7) The program should be designed insofar as possible to
eliminate any benefit to any participants from vehicle tampering and
other forms of cheating. To the extent that tampering and other forms
of cheating might be advantageous, the program design shall include
provisions for monitoring the occurrence of tampering and other forms
of cheating.
   (8) Emission credits should be expressed in pounds or other units,
and their value should be set by the marketplace. Any contract
between a public entity and a private party for
                     the purchase of emission credits should be based
on a price per pound which reflects the market value of the credit
at its time of purchase. Emission reductions required by the M-1 and
other strategies of the 1994 SIP shall be accomplished by competitive
bid among private businesses solicited by the oversight agency
designated pursuant to Section 44105.
  SEC. 96.  Section 44104.5 of the Health and Safety Code is amended
to read:
   44104.5.  (a) The regulations adopted pursuant to subdivision (a)
of Section 44101 shall include a plan to guide the execution of the
first two years of the program, to assess the results, and to
formulate recommendations. The plan shall also verify whether the
light-duty vehicle scrapping program included in the state
implementation plan adopted on November 15, 1994, can reasonably be
expected to yield the required emissions reductions at reasonable
cost-effectiveness. Scrapping of any vehicles under this program for
program development or testing or for generating emission reductions
to be credited against the M-1 strategy of the 1994 SIP may proceed
before the state board adopts the regulations pursuant to subdivision
(a) of Section 44101 or the plan required by this subdivision. The
emission credits assigned to these vehicles shall be adjusted as
necessary to ensure that those credits are consistent with the
credits allowed under the regulations adopted pursuant to Section
44101. The plan shall include a baseline study, for the geographical
area or areas representative of those to be targeted by this program
and by measure M-1 in the SIP, of the current population of vehicles
by model year and market value and the current turnover rate of
vehicles, and other factors that may be essential to assessing
program effectiveness, cost-effectiveness, and market impacts of the
program.
   (b) At the end of each of the two calendar years after the
adoption of the program plan, if the program receives adequate
funding, the state board, in consultation with the department, shall
adopt and publish a progress report evaluating each year of the
program. These reports shall address the following topics for those
vehicles scrapped to achieve both the M-1 SIP objectives and those
vehicles scrapped or repaired to generate mobile-source emission
reduction credits used for other purposes:
   (1) The number of vehicles scrapped or repaired by model year.
   (2) The measured emissions of the scrapped or repaired vehicles
tested during the report period, using suitable inspection and
maintenance test procedures.
   (3) Costs of the vehicles in terms of amounts paid to sellers, the
costs of repair, and the cost-effectiveness of scrappage and repair
expressed in dollars per ton of emissions reduced.
   (4) Administrative and testing costs for the program.
   (5) Assessments of the replacement vehicles or replacement travel
by model year or emission levels, as determined from interviews,
questionnaires, diaries, analyses of vehicle registrations in the
study region, or other methods as appropriate.
   (6) Assessments of the net emission benefits of scrapping in the
year reported, considering the scrapped vehicles, the replacement
vehicles, the effectiveness of repair, and other effects of the
program on the mix of vehicles and use of vehicles in the geographic
area of the program, including in-migration of other vehicles into
the area and any tendencies to increased market value of used
vehicles and prolonged useful life of existing vehicles, if any.
   (7) Assessments of whether the M-1 strategy of the 1994 SIP can
reasonably be expected to yield the required emission reductions.
  SEC. 97.  Section 100500 of the Health and Safety Code is amended
to read:
   100500.  (a)  The Director of General Services may acquire real
property in order to construct a laboratory and office facility or
remodeling an existing facility in the City of Richmond, for the use
of the State Department of Health Services.
   (b)  Revenue bonds, negotiable notes, and negotiable bond
anticipation notes may be issued by the State Public Works Board
pursuant to the State Building Construction Act of 1955 (Part 10b
(commencing with Section 15800) of Division 3 of Title 2 of the
Government Code) to finance the acquisition and construction of a new
laboratory and office facility, or remodeling of an existing
facility for the State Department of Health Services in the City of
Richmond. The amount of the bonds plus the cost of equipment shall
not exceed fifty-four million five hundred thousand dollars
($54,500,000) as necessary for land acquisition including, but not
limited to, land needed for planned future expansion of the
laboratory and office facility, environmental studies, preliminary
plans, working drawings, construction, furnishings, equipment, and
all related betterments and improvements. Notwithstanding Section
13332.11 of the Government Code, the State Public Works Board may
authorize the augmentation of the amount authorized under this
section for the project by an amount not to exceed 10 percent of the
amount appropriated for this project.
   (c)  The State Public Works Board may borrow funds for project
costs from the Pooled Money Investment Account pursuant to Sections
16312 and 16313 of the Government Code.
   (d)  The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold shall equal the cost of
acquisition, including land, construction, preliminary plans, and
working drawings, construction management and supervision, other
costs relating to the design, construction, or remodeling of the
facilities, and any additional sums necessary to pay interim and
permanent financing costs. The additional amount may include interest
and a reasonable required reserve fund.
  SEC. 98.  Section 102920 of the Health and Safety Code is repealed.

  SEC. 99.  Section 103641 of the Health and Safety Code is repealed.

  SEC. 100.  Section 104200 of the Health and Safety Code is amended
to read:
   104200.  (a) Subject to subdivision (e), the department shall
conduct the Cervical Cancer Community Awareness Campaign to do all of
the following:
   (1) To provide awareness, assistance, and information regarding
cervical cancer and the human papillomavirus (HPV). These efforts
shall include provider education aimed at promoting the awareness of
HPV and its link to cervical cancer. Information regarding
prevention, early detection, options for testing, and treatment costs
shall be included.
   (2) To promote the availability of preventive treatment for
cervical cancer for women in California.
   (3) To perform other activities related to cervical cancer.
   (b) (1) For purposes of the Cervical Cancer Community Awareness
Campaign, the department shall establish a study of and research
regarding cervical cancer.
   (2) The study and research shall contain, but not be limited to,
statistical information in order to target appropriate regions of the
state with the Cervical Cancer Community Awareness Campaign. The
statistical information shall include, but not be limited to, age,
ethnicity, region, and socioeconomic status of the women in the state
in relation to cervical cancer. The research shall provide studies
of current treatment evolutions, possible cures, and the availability
of preventive care for women in the state in relation to cervical
cancer.
   (c) To the extent feasible and appropriate, the Cervical Cancer
Community Awareness Campaign shall be incorporated into existing
cancer awareness programs operated by the department.
   (d) There is hereby established in the State Treasury the Cervical
Cancer Fund to be expended by the State Department of Health
Services, upon appropriation of nonstate funds by the Legislature,
solely for the Cervical Cancer Community Awareness Campaign.
   (e) (1) The department shall conduct the Cervical Cancer Community
Awareness Campaign only if voluntary contributions are received to
support its activities pursuant to this section. The continued
implementation of this section shall be contingent upon the receipt
of voluntary contributions for that purpose.
   (2) Voluntary contributions received for purposes of this
subdivision shall be deposited into the Cervical Cancer Fund.
   (f) This section shall be implemented only after the Department of
Finance determines that nonstate funds in an amount sufficient to
fully support the activities of this section have been deposited with
the state. Thereafter, this section shall continue to be implemented
only to the extent that the Department of Finance determines that
sufficient nonstate funds to fully support the activities of this
section have been deposited with the state for purposes of this
section. If the Department of Finance determines that insufficient
voluntary contributions for purposes of implementing this section
have been deposited with the state by January 1, 2007, the Department
of Finance shall notify either the Chief Clerk of the Assembly or
the Secretary of the Senate of this fact, and this section shall be
repealed on January 1, 2007, unless a later enacted statute, that is
enacted before January 1, 2007, deletes or extends that date.
  SEC. 101.  Section 109951 of the Health and Safety Code is amended
to read:
   109951.  "Infant formula" shall have the same definition as that
term is used in the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
Sec. 321(z)). The department shall review all changes to the federal
definition of "infant formula" before those changes are incorporated
by reference pursuant to this section. Within six months after the
effective date of any changes to the federal definition, the
department shall complete its review of the changes, and post a
report on its Internet Web site that describes the changes and makes
a recommendation as to whether it is appropriate to incorporate the
changes by reference pursuant to this section. Any change to the
federal definition shall take effect pursuant to this section one
year after the effective date of the federal change, unless a law
that specifically prohibits the change from taking effect is enacted
and becomes effective.
  SEC. 102.  Section 110552 of the Health and Safety Code is amended
to read:
   110552.  (a) The department shall regulate candy to ensure that
the candy is not adulterated.
   (b) For the purposes of this chapter, "candy" means any
confectionary intended for individual consumption that contains
chili, tamarind, or any other ingredient identified as posing a
health risk in regulations adopted by the office or department.
   (c) For purposes of this section, the following terms have the
following meanings:
   (1) "Office" means the Office of Environmental Health Hazard
Assessment.
   (2) "Adulterated candy" means any candy with lead in excess of the
naturally occurring level. Moreover, candy is adulterated if its
wrapper or the ink on the wrapper contains lead in excess of
standards which the office, in consultation with the department and
the Attorney General, shall establish by July 1, 2006.
   (3) "Naturally occurring level" of lead in candy shall be
determined by regulations adopted by the office after consultation
with the department and the Attorney General. For purposes of this
section, the "naturally occurring level" of lead in candy is only
naturally occurring to the extent that it is not avoidable by good
agricultural, manufacturing, and procurement practices, or by other
practices currently feasible. The producer and manufacturer of candy
and candy ingredients shall at all times use quality control measures
that reduce the natural chemical contaminants to the "lowest level
currently feasible" as this term is used in subsection (c) of Section
110.110 of Title 21 of the Code of Federal Regulations. The
"naturally occurring level" of lead shall not include any lead in an
ingredient resulting from agricultural equipment, fuels used on or
around soils or crops, fertilizers, pesticides, or other materials
that are applied to soils or crops or added to water used to irrigate
soils or crops. The office shall determine the naturally occurring
levels of lead in candy containing chili and tamarind no later than
July 1, 2006. The office shall determine the naturally occurring
levels of lead in candy containing other ingredients upon request by
the department or the Attorney General, and in the absence of a
request, when the office determines that the presence of the
ingredient in candy may pose a health risk. Until the office adopts
regulations determining the naturally occurring level of lead, the
Attorney General's written determination, if any, including any
determination set forth in a consent judgment entered into by the
Attorney General, of the naturally occurring level of lead in candy
or in a candy ingredient shall be binding for purposes of this
section.
   (4) "Wrapper" means all packaging materials in contact with the
candy, including, but not limited to, the paper cellophane, plastic
container, stick handle, spoon, small pot (olla), and squeeze tube,
or similar devices. "Wrapper" does not include any part of the
packaging from which lead will not leach, as demonstrated by the
manufacturer, to the satisfaction of the office.
   (d) The standards adopted pursuant to paragraphs (2) and (3) of
subdivision (c) shall be reviewed by the office every three-year to
five-year period in order to determine whether advances in scientific
knowledge, the development of better agricultural or manufacturing
practices, or changes in detection limits require revision of the
standards.
   (e) The department shall do all of the following:
   (1) Ensure that the candy is not adulterated.
   (2) Establish procedures for the testing of candy and the
certification of unadulterated candy products. The procedures shall
require candy manufacturers to certify candy as being unadulterated.
The certification shall be based on appropriate sampling and testing
protocols as determined by the office in consultation with the
Attorney General's office.
   (3) Through its Food and Drug Branch, test the samples of candy
collected pursuant to this article. The department may test any
candy, including candy tested pursuant to paragraph (2) in order to
ensure the candy is unadulterated.
   (4) Adopt regulations necessary for the enforcement of this
article.
   (5) Evaluate the regulatory process, identify problems, and make
changes or report to the Legislature, as necessary.
   (f) If the candy tested pursuant to paragraph (2) or (3) of
subdivision (e) is found to be adulterated, the department shall do
both of the following:
   (1) Issue health advisory notices to county health departments
alerting them to the danger posed by consumption of the candy.
   (2) Notify the manufacturer and the distributor of the candy that
the candy is adulterated, and that the candy may not be sold or
distributed in the state until further testing proves that the candy
is unadulterated.
   (g) (1) For any candy found to be adulterated, the manufacturer or
distributor may request that the department test a subsequent sample
of candy. The department shall select the candy to be tested. The
cost of any subsequent sampling and testing shall be borne by the
manufacturer or distributor requesting the additional testing.
   (2) If the candy is found to be unadulterated when it is retested,
the department shall provide the manufacturer or distributor and the
county health department with a letter stating that the candy has
been retested and determined to be unadulterated, and that the sale
and distribution of the candy in the state may resume.
   (3) If the candy is found to remain adulterated when retested, the
manufacturer or distributor may take corrective measures and
continue to resubmit samples for testing until tests prove the candy
unadulterated.
    (h) (1) The sale of adulterated candy to California consumers is
a violation of this section. Any person knowingly and intentionally
selling adulterated candy shall be subject to a civil penalty of up
to five hundred dollars ($500) per violation. The regulations adopted
shall provide that funding for this section shall be met in part or
in whole by those penalties, upon appropriation by the Legislature.
   (2) In the event that a candy product is found to be adulterated,
the department may recover the costs incurred in the chemical
analysis of that product from the manufacturer or distributor.
   (3) Except as expressly set forth in this section, nothing in this
section shall alter or diminish any legal obligation otherwise
required in common law or by statute or regulation, and nothing in
this section shall create or enlarge any defense in any action to
enforce that legal obligation. Penalties imposed under this section
shall be in addition to any penalties otherwise prescribed by law.
   (4) This section shall not be the basis for any stay of
proceedings or other order limiting or delaying the prosecution of
any action to enforce Section 25249.6.
  SEC. 103.  Section 111198 of the Health and Safety Code is amended
to read:
   111198.  The department shall post annually on its Internet Web
site, in connection to the entities it regulates under this article,
all of the following information:
   (a) The total number of licenses, by type and county, issued in
the prior calendar year.
   (b) The number of inspections performed by the department in the
previous calendar year, broken down by county and license type.
   (c) The number and type of major violations, and the actions taken
to correct those violations.
   (d) The number and dollar value of fines levied under subdivision
(c).
  SEC. 104.  Section 120476 of the Health and Safety Code is
repealed.
  SEC. 105.  Section 120910 of the Health and Safety Code is amended
to read:
   120910.  (a)  The department shall collect data from the early
intervention projects, assess the effectiveness of the different
models of early intervention projects.
   (b)  The department shall continuously collect data from each
early intervention project. The data collected may include, but not
be limited to, the following:
   (1)  The total number of clients served.
   (2)  The number of clients utilizing each service provided by the
project.
   (3)  Demographics on clients in the aggregate.
   (4)  The source of funding for each type of service provided.
   (5)  The cost of each type of service provided.
   (6)  Medical treatment modalities utilized in the aggregate.
   (7)  Changes in the clinical status of clients in the aggregate.
   (8)  Changes in behaviors that present risks of transmitting HIV
infection of the clients in the aggregate.
   (9)  The psychosocial changes of clients in the aggregate.
   (10)  Referrals made by the project.
   (11)  Perceived unmet needs of the clients served by the project.
   (c)  The department shall develop and distribute to each early
intervention project forms for data collection that are designed to
elicit information necessary for the department to comply with the
requirements of subdivision (b). The data may be used by the
department to comply with the requirements of subdivision (a).
  SEC. 106.  Section 120955 of the Health and Safety Code is amended
to read:
   120955.  (a) (1)  To the extent that state and federal funds are
appropriated in the annual Budget Act for these purposes, the
director shall establish and may administer a program to provide drug
treatments to persons infected with human immunodeficiency virus
(HIV), the etiologic agent of acquired immunodeficiency syndrome
(AIDS). If the director makes a formal determination that, in any
fiscal year, funds appropriated for the program will be insufficient
to provide all of those drug treatments to existing eligible persons
for the fiscal year and that a suspension of the implementation of
the program is necessary, the director may suspend eligibility
determinations and enrollment in the program for the period of time
necessary to meet the needs of existing eligible persons in the
program.
   (2) The director, in consultation with the AIDS Drug Assistance
Program Medical Advisory Committee, shall develop, maintain, and
update as necessary a list of drugs to be provided under this
program. The list shall be exempt from the requirements of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340), Chapter 4 (commencing with Section 11370), and Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code), and shall not be subject to the review and
approval of the Office of Administrative Law.
   (b) The director may grant funds to a county public health
department through standard agreements to administer this program in
that county. To maximize the recipients' access to drugs covered by
this program, the director shall urge the county health department in
counties granted these funds to decentralize distribution of the
drugs to the recipients.
   (c) The director shall establish a rate structure for
reimbursement for the cost of each drug included in the program.
Rates shall not be less than the actual cost of the drug. However,
the director may purchase a listed drug directly from the
manufacturer and negotiate the most favorable bulk price for that
drug.
   (d) Manufacturers of the drugs on the list shall pay the
department a rebate equal to the rebate that would be applicable to
the drug under Section 1927(c) of the federal Social Security Act (42
U.S.C. Sec. 1396r-8(c)) plus an additional rebate to be negotiated
by each manufacturer with the department, except that no rebates
shall be paid to the department under this section on drugs for which
the department has received a rebate under Section 1927(c) of the
federal Social Security Act (42 U.S.C. Sec. 1396r-8(c)) or that have
been purchased on behalf of county health departments or other
eligible entities at discount prices made available under Section
256b of Title 42 of the United States Code.
   (e) The department shall submit an invoice, not less than two
times per year, to each manufacturer for the amount of the rebate
required by subdivision (d).
   (f) Drugs may be removed from the list for failure to pay the
rebate required by subdivision (d), unless the department determines
that removal of the drug from the list would cause substantial
medical hardship to beneficiaries.
   (g) The department may adopt emergency regulations to implement
amendments to this chapter made during the 1997-98 Regular Session,
in accordance with the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code). The initial adoption of emergency regulations
shall be deemed to be an emergency and considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health and safety, or general welfare. Emergency
regulations adopted pursuant to this section shall remain in effect
for no more than 180 days.
   (h) Reimbursement under this chapter shall not be made for any
drugs that are available to the recipient under any other private,
state, or federal programs, or under any other contractual or legal
entitlements, except that the director may authorize an exemption
from this subdivision where exemption would represent a cost savings
to the state.
   (i) The department may also subsidize certain cost-sharing
requirements for persons otherwise eligible for the AIDS Drug
Assistance Program (ADAP) with existing non-ADAP drug coverage by
paying for prescription drugs included on the ADAP formulary within
the existing ADAP operational structure up to, but not exceeding, the
amount of that cost-sharing obligation. This cost sharing may only
be applied in circumstances in which the other payer recognizes the
ADAP payment as counting toward the individual's cost-sharing
obligation.
  SEC. 107.  Section 121285 of the Health and Safety Code is amended
to read:
   121285.  (a) The Disease Prevention Demonstration Project, a
collaboration between pharmacies and local and state health
officials, is hereby authorized for the purpose of evaluating the
long-term desirability of allowing licensed pharmacists to furnish or
sell nonprescription hypodermic needles or syringes to prevent the
spread of blood-borne pathogens, including HIV and hepatitis C.
   (b) The State Department of Health Services shall evaluate the
effects of allowing pharmacists to furnish or sell a limited number
of hypodermic needles or syringes without prescription. The State
Department of Health Services is encouraged to seek funding from
private and federal sources to pay for the evaluation.
   (c) The State Department of Health Services shall convene an
uncompensated evaluation advisory panel comprised of all of the
following: two or more specialists in the control of infectious
diseases; one or more representatives of the California State Board
of Pharmacy; one or more representatives of independent pharmacies;
one or more representatives of chain pharmacy owners; one or more
representatives of law enforcement executives, such as police chiefs
and sheriffs; one or more representatives of rank and file law
enforcement officers; a specialist in hazardous waste management from
the State Department of Health Services; one or more representatives
of the waste management industry; and one or more representatives of
local health officers.
   (d) In order to furnish or sell nonprescription hypodermic needles
or syringes as part of the Disease Prevention Demonstration Project
in a county or city that has provided authorization pursuant to
Section 4145 of the Business and Professions Code, a pharmacy shall
do all of the following:
   (1) Register with the local health department by providing a
contact name and related information, and certify that it will
provide, at the time of furnishing or sale of hypodermic needles or
syringes, written information or verbal counseling on all of the
following:
   (A) How to access drug treatment.
   (B) How to access testing and treatment for HIV and hepatitis C.
   (C) How to safely dispose of sharps waste.
   (2) Store hypodermic needles and syringes so that they are
available only to authorized personnel, and not openly available to
customers.
   (3) In order to provide for the safe disposal of hypodermic
needles and syringes, a registered pharmacy shall provide one or more
of the following options:
   (A) An onsite safe hypodermic needle and syringe collection and
disposal program.
   (B) Furnish or make available for purchase mail-back sharps
disposal containers authorized by the United States Postal Service
that meet applicable state and federal requirements, and provide
tracking forms to verify destruction at a certified disposal
facility.
                                                               (C)
Furnish or make available for purchase personal sharps disposal
containers that meet state and federal standards for disposal of
medical waste.
   (e) Local health departments shall be responsible for all of the
following:
   (1) Maintaining a list of all pharmacies within the local health
department's jurisdiction that have registered under the Disease
Prevention Demonstration Project.
   (2) Making available to pharmacies written information that may be
provided or reproduced to be provided in writing or orally by the
pharmacy at the time of furnishing or the sale of nonprescription
hypodermic needles or syringes, including all of the following:
   (A) How to access drug treatment.
   (B) How to access testing and treatment for HIV and hepatitis C.
   (C) How to safely dispose of sharps waste.
   (f) As used in this chapter, "sharps waste" means hypodermic
needles, syringes, and lancets.
  SEC. 108.  Section 121340 of the Health and Safety Code is amended
to read:
   121340.  (a)  The State Department of Health Services, in
consultation with the California Conference of Local Health Officers,
the California Medical Association, HIV treatment providers, and
public health and other stakeholders, shall determine, no later than
December 31, 2005, whether California's HIV reporting system has
achieved compliance with standards and criteria necessary to ensure
continued federal funding for California under the federal Ryan White
Comprehensive AIDS Resources Emergency (CARE) Act of 1990 (Public
Law 101-381), as amended October 20, 2000 (Public Law 106-345).
   (b)  The department shall inform the appropriate committees of the
Legislature of its findings under subdivision (a) by December 31,
2005.
  SEC. 109.  Section 123516 of the Health and Safety Code is amended
to read:
   123516.  (a) The department, in consultation with the program
administrators, may contract with one or more qualified organizations
to assist the department in ensuring that grantees implement the
program as established under Section 123491 and to conduct an annual
evaluation of the implementation of the grant program on a statewide
basis. The first evaluation shall be due 12 months after the award of
grants pursuant to Section 123492.
   (b) (1) In conducting its monitoring and evaluation activities,
the department shall be guided by program performance standards
developed by the department in consultation with the Nurse-Family
Partnership program.
   (2) The annual evaluation shall contain, but not be limited to,
the extent to which each grantee participating in the program has
done each of the following:
   (A) Recruited a population of low-income, first-time mothers.
   (B) Enrolled families early in pregnancy and followed them through
the second birthday of the child.
   (C) Conducted visits that are of comparable frequency, duration,
and content as those delivered in the randomized clinical trials of
the program.
   (D) Assessed the health and well-being of the mothers and children
enrolled in the program according to common indicators of maternal,
child, and family health.
  SEC. 110.  Section 124174.5 of the Health and Safety Code is
amended to read:
   124174.5.  The program, in collaboration with the State Department
of Education, shall act as a liaison for school-based health
centers.
  SEC. 111.  Section 124590 of the Health and Safety Code is amended
to read:
   124590.  The Legislature finds and declares that the health status
of many American Indians in California is not adequate.
   It is, therefore, the intent of the Legislature to insure that in
addition to funding provided pursuant to the American Indian Health
Service program, sufficient funding is provided to American Indians
from other programs in order to substantially improve their access to
health services. These programs include, but are not limited to, the
following:
   (a)  Rural health services.
   (b)  Mental health services.
   (c)  Developmental disability programs.
   (d)  Maternal and child health programs.
   (e)  Alcoholism programs.
   (f)  Programs for the aging.
   (g)  Environmental health programs.
  SEC. 112.  Section 124925 of the Health and Safety Code is
repealed.
  SEC. 113.  Section 128557.5 of the Health and Safety Code is
repealed.
  SEC. 114.  Section 128600 of the Health and Safety Code is amended
to read:
   128600.  The Legislature finds and declares that the oversight and
reporting requirements of the demonstration project established in
this section are equal to, or exceed similar licensing standards for
other health facilities.
   (a)  The Office of Statewide Health Planning and Development shall
conduct a demonstration project to evaluate the accommodation of
postsurgical care patients for periods not exceeding two days, except
that the attending physician and surgeon may require that the stay
be extended to no more than three days.
   (b)  (1)  The demonstration project shall operate for a period not
to exceed six years, for no more than 12 project sites, one of which
shall be located in Fresno County. However, the demonstration
project shall be extended an additional six years, to September 30,
2000, only for those project sites that were approved by the Office
of Statewide Health Planning and Development and operational prior to
January 1, 1994.
   (2)  Any of the 12 project sites may be distinct parts of health
facilities, or any of those sites may be physically freestanding from
health facilities. None of the project sites that are designated as
distinct parts of health facilities, shall be located in the service
area of any one of the six freestanding project sites. None of the
project sites that are designated as distinct parts of health
facilities shall have a service area that overlaps with any one or
more service areas of the freestanding pilot sites. For the purposes
of this section, service area shall be defined by the office.
   (c)  (1)  The office shall establish standards for participation,
commensurate with the needs of postsurgical care patients requiring
temporary nursing services following outpatient surgical procedures.
   (2)  In preparing the standards for participation, the office may,
as appropriate, consult with the State Department of Health Services
and a technical advisory committee that may be appointed by the
Director of the Office of Statewide Health Planning and Development.
The committee shall have no more than eight members, all of whom
shall be experts in health care, as determined by the director of the
office. One of the members of the committee shall, as determined by
the director of the office, have specific expertise in the area of
pediatric surgery and recovery care.
   (3)  If a technical advisory committee is established by the
director of the office, members of the committee shall be reimbursed
for any actual and necessary expenses incurred in connection with
their duties as members of the committee.
   (d)  The office shall establish and administer the demonstration
project in facilities with no more than 20 beds that continuously
meet the standards of skilled nursing facilities licensed under
subdivision (c) of Section 1250, except that the office may, as
appropriate and unless a danger to patients would be created,
eliminate or modify the standards. This section shall not prohibit
general acute care hospitals from participating in the demonstration
project. The office may waive those building standards applicable to
a project site that is a distinct part of a health facility that are
inappropriate, as determined by the office, to the demonstration
project. Notwithstanding health facility licensing regulations
contained in Division 5 (commencing with Section 70001) of Title 22
of the California Code of Regulations, a project site that is a
distinct part of a health facility shall comply with all standards
for participation established by the office and with all regulations
adopted by the office to implement this section. A project site that
is a distinct part of a health facility shall not, for the duration
of the pilot project, be subject to Division 5 (commencing with
Section 70001) of Title 22 of the California Code of Regulations
which conflict, as determined by the office, with the demonstration
project standards or regulations.
   (e)  The office shall issue a facility identification number to
each facility selected for participation in the demonstration
project.
   (f)  Persons who wish to establish recovery care programs shall
make application to the office for inclusion in the pilot program.
Applications shall be made on forms provided by the office and shall
contain sufficient information determined as necessary by the office.

   (g)  As a condition of participation in the pilot program, each
applicant shall agree to provide statistical data and patient
information that the office deems necessary for effective evaluation.
It is the intent of the Legislature that the office shall develop
procedures to assure the confidentiality of patient information and
shall only disclose patient information, including name
identification, as is necessary pursuant to this section or any other
law.
   (h)  Any authorized officer, employee, or agent of the office may,
upon presentation of proper identification, enter and inspect any
building or premises and any records, including patient records, of a
pilot project participant at any reasonable time to review
compliance with, or to prevent any violation of, this section or the
regulations and standards adopted thereunder.
   (i)  The office may suspend or withdraw approval of any or all
pilot projects with notice, but without hearing if it determines that
patient safety is being jeopardized.
   (j)  The office may charge applicants and participants in the
program a reasonable fee to cover its actual cost of administering
the pilot program and the cost of any committee established by this
section. The facilities participating in the pilot project shall pay
fees that equal the amount of any increase in fiscal costs incurred
by the state as a result of the extension of the pilot project until
September 30, 2000, pursuant to subdivision (b).
   (k)  The office may contract with a medical consultant or other
advisers as necessary, as determined by the office. Due to the
necessity to expedite the demonstration project and its extremely
specialized nature, the contracts shall be exempt from Section 10373
of the Public Contract Code, and shall be considered sole-source
contracts.
   (l) The office may adopt emergency regulations to implement this
section in accordance with Section 11346.1 of the Government Code,
except that the regulations shall be exempt from the requirements of
subdivisions (e), (f), and (g) of that section. The regulations shall
be deemed an emergency for the purposes of Section 11346.1.
   Applications to establish any of the four project sites authorized
by the amendments made to this section during the 1987-88 Regular
Session of the California Legislature shall be considered by the
office from among the applications submitted to it in response to its
initial request for proposal process.
   (m) Any administrative opinion, decision, waiver, permit, or
finding issued by the office prior to July 1, 1990, with respect to
any of the demonstration projects approved by the office prior to
July 1, 1990, shall automatically be extended by the office to remain
fully effective as long as the demonstration projects are required
to operate pursuant to this section.
   (n) The office shall not grant approval to a postsurgical recovery
care facility, as defined in Section 97500.111 of Title 22 of the
California Code of Regulations, that is freestanding, as defined in
Section 97500.49 of Title 22 of the California Code of Regulations,
to begin operation as a participating demonstration project if it is
located in the County of Solano.
   (o) Participants in the demonstration program for postsurgical
recovery facilities shall not be precluded from receiving
reimbursement from, or conducting good faith negotiations with, a
third-party payer solely on the basis that the participant is engaged
in a demonstration program and accordingly is not licensed.
  SEC. 115.  Section 130252 of the Health and Safety Code is amended
to read:
   130252.  (a) Subject to available funding, the California Health
and Human Services Agency shall be responsible for ensuring that all
federal grant deliverables are met. The agency shall coordinate
electronic health activities in the state and work with stakeholders,
state departments, and the Legislature to support policy needs for
health information technology and health information exchange in
California.
   (b) In the event that a state governance entity is established,
all of the following conditions shall be met:
   (1) The agency shall be responsible for ensuring that all
deliverables established in the strategic and operational plans
established pursuant to subdivision (e) of Section 130251, and as
required by the federal grant, are met.
   (2) Any grant issued by the agency to the state governance entity
for health information exchange shall be deliverables based. All
deliverables shall be subject to approval and acceptance by the
agency.
   (c) The agency, state-designated entity, or the state governance
entity shall establish and begin providing health information
exchange services by January 1, 2012.
   (d) The state-designated entity or state governance entity shall
ensure that an effective model for health information exchange
governance and accountability is in place. In order to avoid any real
or apparent conflict of interest, the state-designated entity or
state governance entity shall ensure organizational and functional
separation exists between the governance functions of the entity and
its operational functions, specifically between operating entities
that are or may be involved in building and maintaining the health
information exchange. The agency shall conduct periodic internal
reviews at least once after an entity has received the designation,
and periodically as necessary, to ensure this separation is
maintained, and that the state-designated entity or state governance
entity operates in a manner that ensures organizational integrity and
accountability.
   (e) The state-designated entity or state governance entity shall
provide a process for public comment and input, which may include
integrating public workgroups convened by the agency during the
operational planning process into its organizational structure.
   (f) The state-designated entity or state governance entity, in
consultation with the Office of Health Information Integrity, shall
develop detailed standards and policies to be included in all
contracts with health care entities that are participants of the
state-designated entity's or governance entity's health information
exchange for health information exchange services provided by the
applicable entity. The state-designated entity or state governance
entity shall also work with the Office of Health Information
Integrity to ensure standardization of privacy and security policies
for health information exchange statewide. The state-designated
entity or state governance entity shall develop operational policies
based on privacy and security guidelines developed by the state, and
create a uniform set of privacy and security rules to be used by
other entities participating in health information exchanges
established by the state-designated entity or state governance entity
for health information exchange or a contract made by the applicable
entity for health information exchange.
   (g) Any contract for state designation or subgrant agreement
pursuant to this section shall be made through an open and
competitive process as required by federal law.
   (h) The state designated entity or state governance entity shall
comply with applicable provisions of the federal Health Information
Technology for Economic and Clinical Health Act (HITECH Act; Public
Law 111-5), the federal Public Health Service Act (42 U.S.C. Sec.
300x-26), and applicable federal policies, guidance, and
requirements. These provisions shall include, but are not limited to,
the requirement that funds be used to conduct activities to
facilitate and expand the electronic movement and use of health
information among organizations according to nationally recognized
standards in effect on December 31, 2010.
  SEC. 116.  Section 1872.1 of the Insurance Code is repealed.
  SEC. 117.  Section 111 of the Labor Code is amended to read:
   111.  The Workers' Compensation Appeals Board, consisting of seven
members, shall exercise all judicial powers vested in it under this
code. In all other respects, the Division of Workers' Compensation is
under the control of the administrative director and, except as to
those duties, powers, jurisdiction, responsibilities, and purposes as
are specifically vested in the appeals board, the administrative
director shall exercise the powers of the head of a department within
the meaning of Article 1 (commencing with Section 11150) of Chapter
2 of Part 1 of Division 3 of Title 2 of the Government Code with
respect to the Division of Workers' Compensation which shall include
supervision of, and responsibility for, personnel, and the
coordination of the work of the division, except personnel of the
appeals board.
  SEC. 118.  Section 3201.5 of the Labor Code is amended to read:
   3201.5.  (a) Except as provided in subdivisions (b) and (c), the
Department of Industrial Relations and the courts of this state shall
recognize as valid and binding any provision in a collective
bargaining agreement between a private employer or groups of
employers engaged in construction, construction maintenance, or
activities limited to rock, sand, gravel, cement and asphalt
operations, heavy-duty mechanics, surveying, and construction
inspection and a union that is the recognized or certified exclusive
bargaining representative that establishes any of the following:
   (1) An alternative dispute resolution system governing disputes
between employees and employers or their insurers that supplements or
replaces all or part of those dispute resolution processes contained
in this division, including, but not limited to, mediation and
arbitration. Any system of arbitration shall provide that the
decision of the arbiter or board of arbitration is subject to review
by the appeals board in the same manner as provided for
reconsideration of a final order, decision, or award made and filed
by a workers' compensation administrative law judge pursuant to the
procedures set forth in Article 1 (commencing with Section 5900) of
Chapter 7 of Part 4 of Division 4, and the court of appeals pursuant
to the procedures set forth in Article 2 (commencing with Section
5950) of Chapter 7 of Part 4 of Division 4, governing orders,
decisions, or awards of the appeals board. The findings of fact,
award, order, or decision of the arbitrator shall have the same force
and effect as an award, order, or decision of a workers'
compensation administrative law judge. Any provision for arbitration
established pursuant to this section shall not be subject to Sections
5270, 5270.5, 5271, 5272, 5273, 5275, and 5277.
   (2) The use of an agreed list of providers of medical treatment
that may be the exclusive source of all medical treatment provided
under this division.
   (3) The use of an agreed, limited list of qualified medical
evaluators and agreed medical evaluators that may be the exclusive
source of qualified medical evaluators and agreed medical evaluators
under this division.
   (4) Joint labor management safety committees.
   (5) A light-duty, modified job or return-to-work program.
   (6) A vocational rehabilitation or retraining program utilizing an
agreed list of providers of rehabilitation services that may be the
exclusive source of providers of rehabilitation services under this
division.
   (b) (1) Nothing in this section shall allow a collective
bargaining agreement that diminishes the entitlement of an employee
to compensation payments for total or partial disability, temporary
disability, vocational rehabilitation, or medical treatment fully
paid by the employer as otherwise provided in this division. The
portion of any agreement that violates this paragraph shall be
declared null and void.
   (2) The parties may negotiate any aspect of the delivery of
medical benefits and the delivery of disability compensation to
employees of the employer or group of employers that are eligible for
group health benefits and nonoccupational disability benefits
through their employer.
   (c) Subdivision (a) shall apply only to the following:
   (1) An employer developing or projecting an annual workers'
compensation insurance premium, in California, of two hundred fifty
thousand dollars ($250,000) or more, or any employer that paid an
annual workers' compensation insurance premium, in California, of two
hundred fifty thousand dollars ($250,000) in at least one of the
previous three years.
   (2) Groups of employers engaged in a workers' compensation safety
group complying with Sections 11656.6 and 11656.7 of the Insurance
Code, and established pursuant to a joint labor management safety
committee or committees, that develops or projects annual workers'
compensation insurance premiums of two million dollars ($2,000,000)
or more.
   (3) Employers or groups of employers that are self-insured in
compliance with Section 3700 that would have projected annual workers'
compensation costs that meet the requirements of, and that meet the
other requirements of, paragraph (1) in the case of employers, or
paragraph (2) in the case of groups of employers.
   (4) Employers covered by an owner or general contractor provided
wrap-up insurance policy applicable to a single construction site
that develops workers' compensation insurance premiums of two million
dollars ($2,000,000) or more with respect to those employees covered
by that wrap-up insurance policy.
   (d) Employers and labor representatives who meet the eligibility
requirements of this section shall be issued a letter by the
administrative director advising each employer and labor
representative that, based upon the review of all documents and
materials submitted as required by the administrative director, each
has met the eligibility requirements of this section.
   (e) The premium rate for a policy of insurance issued pursuant to
this section shall not be subject to the requirements of Section
11732 or 11732.5 of the Insurance Code.
   (f) No employer may establish or continue a program established
under this section until it has provided the administrative director
with all of the following:
   (1) Upon its original application and whenever it is renegotiated
thereafter, a copy of the collective bargaining agreement and the
approximate number of employees who will be covered thereby.
   (2) Upon its original application and annually thereafter, a valid
and active license where that license is required by law as a
condition of doing business in the state within the industries set
forth in subdivision (a) of Section 3201.5.
   (3) Upon its original application and annually thereafter, a
statement signed under penalty of perjury, that no action has been
taken by any administrative agency or court of the United States to
invalidate the collective bargaining agreement.
   (4) The name, address, and telephone number of the contact person
of the employer.
   (5) Any other information that the administrative director deems
necessary to further the purposes of this section.
   (g) No collective bargaining representative may establish or
continue to participate in a program established under this section
unless all of the following requirements are met:
   (1) Upon its original application and annually thereafter, it has
provided to the administrative director a copy of its most recent
LM-2 or LM-3 filing with the United States Department of Labor, along
with a statement, signed under penalty of perjury, that the document
is a true and correct copy.
   (2) It has provided to the administrative director the name,
address, and telephone number of the contact person or persons of the
collective bargaining representative or representatives.
   (h) Commencing July 1, 1995, and annually thereafter, the Division
of Workers' Compensation shall report to the Director of the
Department of Industrial Relations the number of collective
bargaining agreements received and the number of employees covered by
these agreements.
   (i) The data obtained by the administrative director pursuant to
this section shall be confidential and not subject to public
disclosure under any law of this state. However, the Division of
Workers' Compensation shall create derivative works pursuant to
subdivision (h) based on the collective bargaining agreements and
data. Those derivative works shall not be confidential, but shall be
public. On a monthly basis the administrative director shall make
available an updated list of employers and unions entering into
collective bargaining agreements containing provisions authorized by
this section.
  SEC. 119.  Section 3201.7 of the Labor Code is amended to read:
   3201.7.  (a) Except as provided in subdivision (b), the Department
of Industrial Relations and the courts of this state shall recognize
as valid and binding any labor-management agreement that meets all
of the following requirements:
   (1) The labor-management agreement has been negotiated separate
and apart from any collective bargaining agreement covering affected
employees.
   (2) The labor-management agreement is restricted to the
establishment of the terms and conditions necessary to implement this
section.
   (3) The labor-management agreement has been negotiated in
accordance with the authorization of the administrative director
pursuant to subdivision (d), between an employer or groups of
employers and a union that is the recognized or certified exclusive
bargaining representative that establishes any of the following:
   (A) An alternative dispute resolution system governing disputes
between employees and employers or their insurers that supplements or
replaces all or part of those dispute resolution processes contained
in this division, including, but not limited to, mediation and
arbitration. Any system of arbitration shall provide that the
decision of the arbiter or board of arbitration is subject to review
by the appeals board in the same manner as provided for
reconsideration of a final order, decision, or award made and filed
by a workers' compensation administrative law judge pursuant to the
procedures set forth in Article 1 (commencing with Section 5900) of
Chapter 7 of Part 4 of Division 4, and
                   the court of appeals pursuant to the procedures
set forth in Article 2 (commencing with Section 5950) of Chapter 7 of
Part 4 of Division 4, governing orders, decisions, or awards of the
appeals board. The findings of fact, award, order, or decision of the
arbitrator shall have the same force and effect as an award, order,
or decision of a workers' compensation administrative law judge. Any
provision for arbitration established pursuant to this section shall
not be subject to Sections 5270, 5270.5, 5271, 5272, 5273, 5275, and
5277.
   (B) The use of an agreed list of providers of medical treatment
that may be the exclusive source of all medical treatment provided
under this division.
   (C) The use of an agreed, limited list of qualified medical
evaluators and agreed medical evaluators that may be the exclusive
source of qualified medical evaluators and agreed medical evaluators
under this division.
   (D) Joint labor management safety committees.
   (E) A light-duty, modified job, or return-to-work program.
   (F) A vocational rehabilitation or retraining program utilizing an
agreed list of providers of rehabilitation services that may be the
exclusive source of providers of rehabilitation services under this
division.
   (b) (1) Nothing in this section shall allow a labor-management
agreement that diminishes the entitlement of an employee to
compensation payments for total or partial disability, temporary
disability, vocational rehabilitation, or medical treatment fully
paid by the employer as otherwise provided in this division; nor
shall any agreement authorized by this section deny to any employee
the right to representation by counsel at all stages during the
alternative dispute resolution process. The portion of any agreement
that violates this paragraph shall be declared null and void.
   (2) The parties may negotiate any aspect of the delivery of
medical benefits and the delivery of disability compensation to
employees of the employer or group of employers that are eligible for
group health benefits and nonoccupational disability benefits
through their employer.
   (c) Subdivision (a) shall apply only to the following:
   (1) An employer developing or projecting an annual workers'
compensation insurance premium, in California, of fifty thousand
dollars ($50,000) or more, and employing at least 50 employees, or
any employer that paid an annual workers' compensation insurance
premium, in California, of fifty thousand dollars ($50,000), and
employing at least 50 employees in at least one of the previous three
years.
   (2) Groups of employers engaged in a workers' compensation safety
group complying with Sections 11656.6 and 11656.7 of the Insurance
Code, and established pursuant to a joint labor management safety
committee or committees, that develops or projects annual workers'
compensation insurance premiums of five hundred thousand dollars
($500,000) or more.
   (3) Employers or groups of employers, including cities and
counties, that are self-insured in compliance with Section 3700 that
would have projected annual workers' compensation costs that meet the
requirements of, and that meet the other requirements of, paragraph
(1) in the case of employers, or paragraph (2) in the case of groups
of employers.
   (d) Any recognized or certified exclusive bargaining
representative in an industry not covered by Section 3201.5, may file
a petition with the administrative director seeking permission to
negotiate with an employer or group of employers to enter into a
labor-management agreement pursuant to this section. The petition
shall specify the bargaining unit or units to be included, the names
of the employers or groups of employers, and shall be accompanied by
proof of the labor union's status as the exclusive bargaining
representative. The current collective bargaining agreement or
agreements shall be attached to the petition. The petition shall be
in the form designated by the administrative director. Upon receipt
of the petition, the administrative director shall promptly verify
the petitioner's status as the exclusive bargaining representative.
If the petition satisfies the requirements set forth in this
subdivision, the administrative director shall issue a letter
advising each employer and labor representative of their eligibility
to enter into negotiations, for a period not to exceed one year, for
the purpose of reaching agreement on a labor-management agreement
pursuant to this section. The parties may jointly request, and shall
be granted, by the administrative director, an additional one-year
period to negotiate an agreement.
   (e) No employer may establish or continue a program established
under this section until it has provided the administrative director
with all of the following:
   (1) Upon its original application and whenever it is renegotiated
thereafter, a copy of the labor-management agreement and the
approximate number of employees who will be covered thereby.
   (2) Upon its original application and annually thereafter, a
statement signed under penalty of perjury, that no action has been
taken by any administrative agency or court of the United States to
invalidate the labor-management agreement.
   (3) The name, address, and telephone number of the contact person
of the employer.
   (4) Any other information that the administrative director deems
necessary to further the purposes of this section.
   (f) No collective bargaining representative may establish or
continue to participate in a program established under this section
unless all of the following requirements are met:
   (1) Upon its original application and annually thereafter, it has
provided to the administrative director a copy of its most recent
LM-2 or LM-3 filing with the United States Department of Labor, where
such filing is required by law, along with a statement, signed under
penalty of perjury, that the document is a true and correct copy.
   (2) It has provided to the administrative director the name,
address, and telephone number of the contact person or persons of the
collective bargaining representative or representatives.
   (g) Commencing July 1, 2005, and annually thereafter, the Division
of Workers' Compensation shall report to the Director of Industrial
Relations the number of labor-management agreements received and the
number of employees covered by these agreements.
   (h) The data obtained by the administrative director pursuant to
this section shall be confidential and not subject to public
disclosure under any law of this state. However, the Division of
Workers' Compensation shall create derivative works pursuant to
subdivisions (f) and (g) based on the labor-management agreements and
data. Those derivative works shall not be confidential, but shall be
public. On a monthly basis, the administrative director shall make
available an updated list of employers and unions entering into
labor-management agreements authorized by this section.
  SEC. 120.  Section 3716.1 of the Labor Code is amended to read:
   3716.1.  (a) In any hearing, investigation, or proceeding, the
Attorney General, or attorneys of the Department of Industrial
Relations, shall represent the director and the state. Expenses
incident to representation of the director and the state, before the
appeals board and in civil court, by the Attorney General or
Department of Industrial Relations attorneys, shall be reimbursed
from the Workers' Compensation Administration Revolving Fund.
Expenses incident to representation by the Attorney General or
attorneys of the Department of Industrial Relations incurred in
attempts to recover moneys pursuant to Section 3717 of the Labor Code
shall not exceed the total amounts recovered by the director on
behalf of the Uninsured Employers Benefits Trust Fund pursuant to
this chapter.
   (b) The director shall assign investigative and claims' adjustment
services respecting matters concerning uninsured employers injury
cases. The director or his or her representative may make these
service assignments within the department, or he or she may contract
for these services with the State Compensation Insurance Fund, except
insofar as these matters might conflict with the interests of the
State Compensation Insurance Fund. The administrative costs
associated with these services shall be reimbursed from the Workers'
Compensation Administration Revolving Fund and the nonadministrative
costs from the Uninsured Employers Benefits Trust Fund, except when a
budget impasse requires advances as described in subdivision (c) of
Section 62.5. To the extent permitted by state law, the director may
contract for audits or reports of services under this section.
  SEC. 121.  Section 4755 of the Labor Code is amended to read:
   4755.  (a) The State Compensation Insurance Fund may draw from the
State Treasury out of the Subsequent Injuries Benefits Trust Fund
for the purposes specified in Section 4751, without at the time
presenting vouchers and itemized statements, a sum not to exceed in
the aggregate fifty thousand dollars ($50,000), to be used as a cash
revolving fund. The revolving fund shall be deposited in any banks
and under any conditions as the Department of Finance determines. The
Controller shall draw his or her warrants in favor of the State
Compensation Insurance Fund for the amounts so withdrawn and the
Treasurer shall pay these warrants.
   (b) Expenditures made from the revolving fund in payments on
claims for any additional compensation and for adjusting services are
exempted from the operation of Section 16003 of the Government Code.
Reimbursement of the revolving fund for these expenditures shall be
made upon presentation to the Controller of an abstract or statement
of the expenditures. The abstract or statement shall be in any form
as the Controller requires.
   (c) The director shall assign claims adjustment services and legal
representation services respecting matters concerning subsequent
injuries. The director or his or her representative may make these
service assignments within the department, or he or she may contract
for these services with the State Compensation Insurance Fund, for a
fee in addition to that authorized by Section 4754, except insofar as
these matters might conflict with the interests of the State
Compensation Insurance Fund. The administrative costs associated with
these services shall be reimbursed from the Workers' Compensation
Administration Revolving Fund, except when a budget impasse requires
advances as provided in subdivision (d) of Section 62.5. To the
extent permitted by state law, the director may contract for audits
or reports of services under this section.
  SEC. 122.  Section 5502 of the Labor Code is amended to read:
   5502.  (a) Except as provided in subdivision (b), the hearing
shall be held not less than 10 days, and not more than 60 days, after
the date a declaration of readiness to proceed, on a form prescribed
by the appeals board, is filed. If a claim form has been filed for
an injury occurring on or after January 1, 1990, and before January
1, 1994, an application for adjudication shall accompany the
declaration of readiness to proceed.
   (b) The administrative director shall establish a priority
calendar for issues requiring an expedited hearing and decision. A
hearing shall be held and a determination as to the rights of the
parties shall be made and filed within 30 days after the declaration
of readiness to proceed is filed if the issues in dispute are any of
the following:
   (1) The employee's entitlement to medical treatment pursuant to
Section 4600.
   (2) The employee's entitlement to, or the amount of, temporary
disability indemnity payments.
   (3) The employee's entitlement to compensation from one or more
responsible employers when two or more employers dispute liability as
among themselves.
   (4) Any other issues requiring an expedited hearing and
determination as prescribed in rules and regulations of the
administrative director.
   (c) The administrative director shall establish a priority
conference calendar for cases in which the employee is represented by
an attorney and the issues in dispute are employment or injury
arising out of employment or in the course of employment. The
conference shall be conducted by a workers' compensation
administrative law judge within 30 days after the declaration of
readiness to proceed. If the dispute cannot be resolved at the
conference, a trial shall be set as expeditiously as possible, unless
good cause is shown why discovery is not complete, in which case
status conferences shall be held at regular intervals. The case shall
be set for trial when discovery is complete, or when the workers'
compensation administrative law judge determines that the parties
have had sufficient time in which to complete reasonable discovery. A
determination as to the rights of the parties shall be made and
filed within 30 days after the trial.
   (d) (1) In all cases, a mandatory settlement conference shall be
conducted not less than 10 days, and not more than 30 days, after the
filing of a declaration of readiness to proceed. If the dispute is
not resolved, the regular hearing shall be held within 75 days after
the declaration of readiness to proceed is filed.
   (2) The settlement conference shall be conducted by a workers'
compensation administrative law judge or by a referee who is eligible
to be a workers' compensation administrative law judge or eligible
to be an arbitrator under Section 5270.5. At the mandatory settlement
conference, the referee or workers' compensation administrative law
judge shall have the authority to resolve the dispute, including the
authority to approve a compromise and release or issue a stipulated
finding and award, and if the dispute cannot be resolved, to frame
the issues and stipulations for trial. The appeals board shall adopt
any regulations needed to implement this subdivision. The presiding
workers' compensation administrative law judge shall supervise
settlement conference referees in the performance of their judicial
functions under this subdivision.
   (3) If the claim is not resolved at the mandatory settlement
conference, the parties shall file a pretrial conference statement
noting the specific issues in dispute, each party's proposed
permanent disability rating, and listing the exhibits, and disclosing
witnesses. Discovery shall close on the date of the mandatory
settlement conference. Evidence not disclosed or obtained thereafter
shall not be admissible unless the proponent of the evidence can
demonstrate that it was not available or could not have been
discovered by the exercise of due diligence prior to the settlement
conference.
   (e) In cases involving the Director of the Department of
Industrial Relations in his or her capacity as administrator of the
Uninsured Employers Fund, this section shall not apply unless proof
of service, as specified in paragraph (1) of subdivision (d) of
Section 3716, has been filed with the appeals board and provided to
the Director of Industrial Relations, valid jurisdiction has been
established over the employer, and the fund has been joined.
   (f) Except as provided in subdivision (a) and in Section 4065, the
provisions of this section shall apply irrespective of the date of
injury.
  SEC. 123.  Section 431 of the Military and Veterans Code is amended
to read:
   431.  (a) The Adjutant General may, either directly or through
armory boards, or through subordinate commanders, lease or otherwise
authorize the use of, by any person for any lawful purpose, manage,
supervise all activities in, perform all necessary military duties
with respect to and control all armories that are built or acquired
by the state, that come into possession or control of the state, or
that are erected, purchased, leased, or provided or contributed to,
in whole or in part, by any city, county, political subdivision, or
district, or by anyone, for armory purposes.
   (b) The Adjutant General may contract with the United States for
the operation of any armory for purposes of training of federal
military personnel, with provision that all state costs related to
that operation shall be reimbursed by the United States.
   (c) All revenues or income from any armory shall be paid to the
Adjutant General who shall account for the revenues or income to the
Controller at the close of each month in the form that the Controller
prescribes and shall deposit the revenues and income into the
Treasury to the credit of the Armory Discretionary Improvement
Account, which is hereby created, in the General Fund. The revenues
and income in the account shall be available, when appropriated, to
the Adjutant General, for allocation for the maintenance, repairs,
improvements, and operating expenses necessary or desirable for
increased or improved community utilization of the facilities of the
armory from which the revenues and income were derived.
  SEC. 124.  Section 1174.7 of the Penal Code is repealed.
  SEC. 125.  Section 3049.5 of the Penal Code is amended to read:
   3049.5.  Notwithstanding the provisions of Section 3049, any
prisoner selected for inclusion in a specific research program
approved by the Board of Corrections may be paroled upon completion
of the diagnostic study provided for in Section 5079. The number of
prisoners released in any year under this provision shall not exceed
5 percent of the total number of all prisoners released in the
preceding year.
   This section shall not apply to a prisoner who, while committing
the offense for which he has been imprisoned, physically attacked any
person by any means. A threat of attack is not a physical attack for
the purposes of this section unless such threat was accompanied by
an attempt to inflict physical harm upon some person.
  SEC. 126.  Section 3050 of the Penal Code is amended to read:
   3050.  (a) Notwithstanding any other provision of law, any inmate
under the custody of the Department of Corrections and Rehabilitation
who is not currently serving and has not served a prior
indeterminate sentence or a sentence for a violent felony, a serious
felony, or a crime that requires him or her to register as a sex
offender pursuant to Section 290, who has successfully completed an
in prison drug treatment program, upon release from state prison,
shall, whenever possible, be entered into a 150-day residential
aftercare drug treatment program sanctioned by the department.
   (b) As a condition of parole, if the inmate successfully completes
150 days of residential aftercare treatment, as determined by the
Department of Corrections and Rehabilitation and the aftercare
provider, the parolee shall be discharged from parole supervision at
that time.
  SEC. 127.  Section 4801 of the Penal Code is amended to read:
   4801.  (a) The Board of Parole Hearings may report to the
Governor, from time to time, the names of any and all persons
imprisoned in any state prison who, in its judgment, ought to have a
commutation of sentence or be pardoned and set at liberty on account
of good conduct, or unusual term of sentence, or any other cause,
including evidence of intimate partner battering and its effects. For
purposes of this section, "intimate partner battering and its
effects" may include evidence of the nature and effects of physical,
emotional, or mental abuse upon the beliefs, perceptions, or behavior
of victims of domestic violence where it appears the criminal
behavior was the result of that victimization.
   (b) The Board of Parole Hearings, in reviewing a prisoner's
suitability for parole pursuant to Section 3041.5, shall consider any
information or evidence that, at the time of the commission of the
crime, the prisoner had experienced intimate partner battering, but
was convicted of the offense prior to the enactment of Section 1107
of the Evidence Code by Chapter 812 of the Statutes of 1991. The
board shall state on the record the information or evidence that it
considered pursuant to this subdivision, and the reasons for the
parole decision.
  SEC. 128.  Section 6131 of the Penal Code is amended to read:
   6131.  (a) Upon the completion of any review conducted by the
Inspector General, he or she shall prepare a public written report.
The public written report shall differ from the complete written
report in the respect that the Inspector General shall have the
discretion to redact or otherwise protect the names of individuals,
specific locations, or other facts that, if not redacted, might
hinder prosecution related to the review, or where disclosure of the
information is otherwise prohibited by law, and to decline to produce
any of the underlying materials. Copies of public written reports
shall be posted on the Inspector General's Internet Web site within
10 days of being disclosed to the entities or persons listed in
subdivision (b).
   (b) Upon the completion of any review conducted by the Inspector
General, he or she shall prepare a complete written report, which
shall be held as confidential and disclosed in confidence, along with
all underlying materials the Inspector General deems appropriate, to
the Governor, the Secretary of the Department of Corrections and
Rehabilitation, and the appropriate law enforcement agency.
  SEC. 129.  Section 6242.6 of the Penal Code is amended to read:
   6242.6.  (a) The board shall provide evaluation of the progress,
activities, and performance of each center and participating county's
progress established pursuant to this chapter and shall report the
findings thereon to the Legislature two years after the operational
onset of each facility.
   (b) The board shall select an outside monitoring firm in
cooperation with the Auditor General's office, to critique and
evaluate the programs and their rates of success based on recidivism
rates, drug use, and other factors it deems appropriate. Two years
after the programs have begun operations, the report shall be
provided to the Joint Legislative Prisons Committee, participating
counties, the department, the Department of Alcohol and Drug
Programs, the State Department of Health Services, and other sources
the board deems of value. Notwithstanding subdivision (k) of Section
6242, one hundred fifty thousand dollars ($150,000) is hereby
appropriated from the funds disbursed under this chapter from the
1990 Prison Construction Fund to the Board of Corrections to be used
for program evaluation under this subdivision.
   (c) The department shall be responsible for the ongoing monitoring
of contract compliance for state offenders placed in each center.
  SEC. 130.  Section 8061 of the Penal Code is amended to read:
   8061.  The board, in collaboration with state, local, and
community-based departments, agencies, and organizations shall do the
following:
   (a) Describe the parameters of effective community-based
punishment programs and the relationship between the state and local
jurisdictions in meeting the purposes of this chapter.
   (b) Develop and implement a process by which local jurisdictions
are selected and can participate in pilot efforts initiated under
this chapter.
   (c) Develop and implement the process by which counties
participating in accordance with this chapter annually submit their
community-based punishment program proposals for approval,
modification, or both.
   (d) Design and implement a process for annually awarding funds to
counties participating pursuant to this chapter to implement their
community-based punishment program proposals, and administer and
monitor the receipt, expenditure, and reporting of those funds by
participating counties.
   (e) Provide technical assistance and support to counties and
community correctional administrators in determining whether to
participate in community-based punishment programs, and in either
developing or annually updating their punishment programs.
   (f) Facilitate the sharing of information among counties and
between county and state agencies relative to community-based
punishment approaches and programs being initiated or already in
existence, strengths and weaknesses of specific programs, specific
offender groups appropriate for different programs, results of
program evaluations and other data, and anecdotal material that may
assist in addressing the purposes of this chapter.
   (g) Adopt and periodically revise regulations necessary to
implement this chapter.
   (h) Design and provide for regular and rigorous evaluation of the
community-based punishment programming undertaken pursuant to
approved community-based punishment plans.
   (i) Design and provide for analysis and evaluation of the pilot
and any subsequent implementation of this chapter, with areas of
analysis to include, at a minimum, the following:
   (1) The relationship between the board and counties or
collaborations of counties submitting county community-based
punishment plans.
   (2) The effectiveness of this chapter in encouraging the use of
intermediate as well as traditional sanctions.
   (3) The categories of offenders most suitable for specific
intermediate sanctions, various aspects of community-based punishment
programming, or both.
   (4) The effectiveness of the programs implemented pursuant to this
chapter in maintaining public safety.
   (5) The cost-effectiveness of the programs implemented pursuant to
this chapter.
   (6) The effect of the programs implemented pursuant to this
chapter on prison, jail, and Department of the Youth Authority
populations.
  SEC. 131.  Section 11166 of the Penal Code is amended to read:
   11166.  (a) Except as provided in subdivision (d), and in Section
11166.05, a mandated reporter shall make a report to an agency
specified in Section 11165.9 whenever the mandated reporter, in his
or her professional capacity or within the scope of his or her
employment, has knowledge of or observes a child whom the mandated
reporter knows or reasonably suspects has been the victim of child
abuse or neglect. The mandated reporter shall make an initial report
to the agency immediately or as soon as is practicably possible by
telephone and the mandated reporter shall prepare and send, fax, or
electronically transmit a written followup report thereof within 36
hours of receiving the information concerning the incident. The
mandated reporter may include with the report any nonprivileged
documentary evidence the mandated reporter possesses relating to the
incident.
   (1) For purposes of this article, "reasonable suspicion" means
that it is objectively reasonable for a person to entertain a
suspicion, based upon facts that could cause a reasonable person in a
like position, drawing, when appropriate, on his or her training and
experience, to suspect child abuse or neglect. "Reasonable suspicion"
does not require certainty that child abuse or neglect has occurred
                                                 nor does it require
a specific medical indication of child abuse or neglect; any
"reasonable suspicion" is sufficient. For the purpose of this
article, the pregnancy of a minor does not, in and of itself,
constitute a basis for a reasonable suspicion of sexual abuse.
   (2) The agency shall be notified and a report shall be prepared
and sent, faxed, or electronically transmitted even if the child has
expired, regardless of whether or not the possible abuse was a factor
contributing to the death, and even if suspected child abuse was
discovered during an autopsy.
   (3) Any report made by a mandated reporter pursuant to this
section shall be known as a mandated report.
   (b) If after reasonable efforts a mandated reporter is unable to
submit an initial report by telephone, he or she shall immediately or
as soon as is practicably possible, by fax or electronic
transmission, make a one-time automated written report on the form
prescribed by the Department of Justice, and shall also be available
to respond to a telephone followup call by the agency with which he
or she filed the report. A mandated reporter who files a one-time
automated written report because he or she was unable to submit an
initial report by telephone is not required to submit a written
followup report.
   (1) The one-time automated written report form prescribed by the
Department of Justice shall be clearly identifiable so that it is not
mistaken for a standard written followup report. In addition, the
automated one-time report shall contain a section that allows the
mandated reporter to state the reason the initial telephone call was
not able to be completed. The reason for the submission of the
one-time automated written report in lieu of the procedure prescribed
in subdivision (a) shall be captured in the Child Welfare
Services/Case Management System (CWS/CMS). The department shall work
with stakeholders to modify reporting forms and the CWS/CMS as is
necessary to accommodate the changes enacted by these provisions.
   (2) This subdivision shall not become operative until the CWS/CMS
is updated to capture the information prescribed in this subdivision.

   (3) This subdivision shall become inoperative three years after
this subdivision becomes operative or on January 1, 2009, whichever
occurs first.
   (4) Nothing in this section shall supersede the requirement that a
mandated reporter first attempt to make a report via telephone, or
that agencies specified in Section 11165.9 accept reports from
mandated reporters and other persons as required.
   (c) Any mandated reporter who fails to report an incident of known
or reasonably suspected child abuse or neglect as required by this
section is guilty of a misdemeanor punishable by up to six months
confinement in a county jail or by a fine of one thousand dollars
($1,000) or by both that imprisonment and fine. If a mandated
reporter intentionally conceals his or her failure to report an
incident known by the mandated reporter to be abuse or severe neglect
under this section, the failure to report is a continuing offense
until an agency specified in Section 11165.9 discovers the offense.
   (d) (1) A clergy member who acquires knowledge or a reasonable
suspicion of child abuse or neglect during a penitential
communication is not subject to subdivision (a). For the purposes of
this subdivision, "penitential communication" means a communication,
intended to be in confidence, including, but not limited to, a
sacramental confession, made to a clergy member who, in the course of
the discipline or practice of his or her church, denomination, or
organization, is authorized or accustomed to hear those
communications, and under the discipline, tenets, customs, or
practices of his or her church, denomination, or organization, has a
duty to keep those communications secret.
   (2) Nothing in this subdivision shall be construed to modify or
limit a clergy member's duty to report known or suspected child abuse
or neglect when the clergy member is acting in some other capacity
that would otherwise make the clergy member a mandated reporter.
   (3) (A) On or before January 1, 2004, a clergy member or any
custodian of records for the clergy member may report to an agency
specified in Section 11165.9 that the clergy member or any custodian
of records for the clergy member, prior to January 1, 1997, in his or
her professional capacity or within the scope of his or her
employment, other than during a penitential communication, acquired
knowledge or had a reasonable suspicion that a child had been the
victim of sexual abuse that the clergy member or any custodian of
records for the clergy member did not previously report the abuse to
an agency specified in Section 11165.9. The provisions of Section
11172 shall apply to all reports made pursuant to this paragraph.
   (B) This paragraph shall apply even if the victim of the known or
suspected abuse has reached the age of majority by the time the
required report is made.
   (C) The local law enforcement agency shall have jurisdiction to
investigate any report of child abuse made pursuant to this paragraph
even if the report is made after the victim has reached the age of
majority.
   (e) Any commercial film and photographic print processor who has
knowledge of or observes, within the scope of his or her professional
capacity or employment, any film, photograph, videotape, negative,
or slide depicting a child under the age of 16 years engaged in an
act of sexual conduct, shall report the instance of suspected child
abuse to the law enforcement agency having jurisdiction over the case
immediately, or as soon as practicably possible, by telephone and
shall prepare and send, fax, or electronically transmit a written
report of it with a copy of the film, photograph, videotape,
negative, or slide attached within 36 hours of receiving the
information concerning the incident. As used in this subdivision,
"sexual conduct" means any of the following:
   (1) Sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite sex or between humans and animals.
   (2) Penetration of the vagina or rectum by any object.
   (3) Masturbation for the purpose of sexual stimulation of the
viewer.
   (4) Sadomasochistic abuse for the purpose of sexual stimulation of
the viewer.
   (5) Exhibition of the genitals, pubic, or rectal areas of any
person for the purpose of sexual stimulation of the viewer.
   (f) Any mandated reporter who knows or reasonably suspects that
the home or institution in which a child resides is unsuitable for
the child because of abuse or neglect of the child shall bring the
condition to the attention of the agency to which, and at the same
time as, he or she makes a report of the abuse or neglect pursuant to
subdivision (a).
   (g) Any other person who has knowledge of or observes a child whom
he or she knows or reasonably suspects has been a victim of child
abuse or neglect may report the known or suspected instance of child
abuse or neglect to an agency specified in Section 11165.9. For
purposes of this section, "any other person" includes a mandated
reporter who acts in his or her private capacity and not in his or
her professional capacity or within the scope of his or her
employment.
   (h) When two or more persons, who are required to report, jointly
have knowledge of a known or suspected instance of child abuse or
neglect, and when there is agreement among them, the telephone report
may be made by a member of the team selected by mutual agreement and
a single report may be made and signed by the selected member of the
reporting team. Any member who has knowledge that the member
designated to report has failed to do so shall thereafter make the
report.
   (i) (1) The reporting duties under this section are individual,
and no supervisor or administrator may impede or inhibit the
reporting duties, and no person making a report shall be subject to
any sanction for making the report. However, internal procedures to
facilitate reporting and apprise supervisors and administrators of
reports may be established provided that they are not inconsistent
with this article.
   (2) The internal procedures shall not require any employee
required to make reports pursuant to this article to disclose his or
her identity to the employer.
   (3) Reporting the information regarding a case of possible child
abuse or neglect to an employer, supervisor, school principal, school
counselor, coworker, or other person shall not be a substitute for
making a mandated report to an agency specified in Section 11165.9.
   (j) A county probation or welfare department shall immediately, or
as soon as practicably possible, report by telephone, fax, or
electronic transmission to the law enforcement agency having
jurisdiction over the case, to the agency given the responsibility
for investigation of cases under Section 300 of the Welfare and
Institutions Code, and to the district attorney's office every known
or suspected instance of child abuse or neglect, as defined in
Section 11165.6, except acts or omissions coming within subdivision
(b) of Section 11165.2, or reports made pursuant to Section 11165.13
based on risk to a child which relates solely to the inability of the
parent to provide the child with regular care due to the parent's
substance abuse, which shall be reported only to the county welfare
or probation department. A county probation or welfare department
also shall send, fax, or electronically transmit a written report
thereof within 36 hours of receiving the information concerning the
incident to any agency to which it makes a telephone report under
this subdivision.
   (k) A law enforcement agency shall immediately, or as soon as
practicably possible, report by telephone, fax, or electronic
transmission to the agency given responsibility for investigation of
cases under Section 300 of the Welfare and Institutions Code and to
the district attorney's office every known or suspected instance of
child abuse or neglect reported to it, except acts or omissions
coming within subdivision (b) of Section 11165.2, which shall be
reported only to the county welfare or probation department. A law
enforcement agency shall report to the county welfare or probation
department every known or suspected instance of child abuse or
neglect reported to it which is alleged to have occurred as a result
of the action of a person responsible for the child's welfare, or as
the result of the failure of a person responsible for the child's
welfare to adequately protect the minor from abuse when the person
responsible for the child's welfare knew or reasonably should have
known that the minor was in danger of abuse. A law enforcement agency
also shall send, fax, or electronically transmit a written report
thereof within 36 hours of receiving the information concerning the
incident to any agency to which it makes a telephone report under
this subdivision.
  SEC. 132.  Section 11501 of the Penal Code is amended to read:
   11501.  (a) There is hereby established in the California
Emergency Management Agency, a program of financial assistance to
provide for statewide programs of education, training, and research
for local public prosecutors and public defenders. All funds made
available to the agency for the purposes of this chapter shall be
administered and distributed by the secretary of the agency.
   (b) The Secretary of Emergency Management is authorized to
allocate and award funds to public agencies or private nonprofit
organizations for purposes of establishing statewide programs of
education, training, and research for public prosecutors and public
defenders, which programs meet criteria established pursuant to
Section 11502.
  SEC. 133.  Section 13777 of the Penal Code is amended to read:
   13777.  (a) Except as provided in subdivision (d), the Attorney
General shall do each of the following:
   (1) Collect information relating to anti-reproductive-rights
crimes, including, but not limited to, the threatened commission of
these crimes and persons suspected of committing these crimes or
making these threats.
   (2) Direct local law enforcement agencies to provide to the
Department of Justice, in a manner that the Attorney General
prescribes, any information that may be required relative to
anti-reproductive-rights crimes. The report of each crime that
violates Section 423.2 shall note the subdivision that prohibits the
crime. The report of each crime that violates any other law shall
note the code, section, and subdivision that prohibits the crime. The
report of any crime that violates both Section 423.2 and any other
law shall note both the subdivision of Section 423.2 and the other
code, section, and subdivision that prohibits the crime.
   (3) Develop a plan to prevent, apprehend, prosecute, and report
anti-reproductive-rights crimes, and to carry out the legislative
intent expressed in subdivisions (c), (d), (e), and (f) of Section 1
of the act that enacts this title in the 2001-02 Regular Session of
the Legislature.
   (b) In carrying out his or her responsibilities under this
section, the Attorney General shall consult the Governor, the
Commission on Peace Officer Standards and Training, and other subject
matter experts.
   (c) The Attorney General shall implement this section to the
extent the Legislature appropriates funds in the Budget Act or
another statute for this purpose.
  SEC. 134.  Section 13847 of the Penal Code is amended to read:
   13847.  (a) There is hereby established in the agency a program of
financial and technical assistance for local law enforcement, called
the Rural Indian Crime Prevention Program. The program shall target
the relationship between law enforcement and Native American
communities to encourage and to strengthen cooperative efforts and to
implement crime suppression and prevention programs.
   (b) The secretary may allocate and award funds to those local
units of government, or combinations thereof, in which a special
program is established in law enforcement agencies that meets the
criteria set forth in Sections 13847.1 and 13847.2.
   (c) The allocation and award of funds shall be made upon
application executed by the chief law enforcement officer of the
applicant unit of government and approved by the legislative body.
Funds disbursed under this chapter shall not supplant local funds
that would, in the absence of the Rural Indian Crime Prevention
Program, be made available to support the suppression and prevention
of crime on reservations and rancherias.
   (d) The secretary shall prepare and issue administrative
guidelines and procedures for the Rural Indian Crime Prevention
Program consistent with this chapter.
   (e) The guidelines shall set forth the terms and conditions upon
which the agency is prepared to offer grants of funds pursuant to
statutory authority. The guidelines do not constitute rules,
regulations, orders, or standards of general application.
  SEC. 135.  Section 4124 of the Public Resources Code is amended to
read:
   4124.  The department shall submit an annual report to the Joint
Legislative Budget Committee, in accordance with Section 9795 of the
Government Code, regarding emergency incidents funded entirely or in
part from Item 3540-006-0001 of Section 2.00 of the annual Budget
Act, commonly referred to as the "emergency fund," or from a similar
provision of any future Budget Act that provides funds for emergency
fire suppression and detection costs and related emergency
revegetation costs, and for which the department administratively
classifies these funds as being expended from the emergency fund. The
report shall include all of the following:
   (a) For each incident that is estimated to cost more than five
million dollars ($5,000,000), as adjusted annually by the department
to account for inflation using the California Consumer Price Index
published by the Department of Industrial Relations, the report shall
include all of the following information, to the extent the
information is known by the department:
   (1) The administrative district or districts and the county or
counties in which the incident occurred, and whether the incident
occurred in a state responsibility area, local responsibility area,
federal responsibility area, or some combination of those areas.
   (2) A general description of the incident and the department's
response to the incident.
   (3) The total estimated cost of the incident, listed by
appropriate category, including, but not limited to, overtime,
additional staffing, inmate costs, travel, accommodations, air
support, and nonstate vendor costs.
   (4) The estimated costs charged to the emergency fund, listed by
appropriate category, including, but not limited to, overtime,
additional staffing, inmate costs, travel, accommodations, air
support, and nonstate vendor costs.
   (5) The number of personnel and equipment assigned to the
incident, including state resources, federal resources, and local
resources.
   (6) Whether the state's costs to respond to the incident are
eligible for reimbursement from the federal government or a local
government.
   (7) Whether the department had performed any fuel reduction,
vegetation management, controlled burns, or other fuel treatment in
the area of the incident that impacted either the course of the
incident or the department's response to the incident.
   (b) For each incident that is estimated to cost less than five
million dollars ($5,000,000), as adjusted annually by the department
to account for inflation using the California Consumer Price Index
published by the Department of Industrial Relations, the report shall
include a list of those incidents, specifying each incident's total
estimated cost and total estimated costs charged to the emergency
fund.
   (c) Information on any other costs paid in whole or in part from
the emergency fund.
  SEC. 136.  Section 4137 of the Public Resources Code is amended to
read:
   4137.  (a) For purposes of this section, "fire prevention
activities" include, but are not limited to, all of the following:
   (1) Fire prevention education.
   (2) Hazardous fuel reduction and vegetation management.
   (3) Fire investigation.
   (4) Civil cost recovery.
   (5) Forest and fire law enforcement.
   (6) Fire prevention engineering.
   (7) Prefire planning.
   (8) Risk analysis.
   (9) Volunteer programs and partnerships.
   (b) It is the intent of the Legislature that the year-round
staffing and the extension of the workweek that has been provided to
the department pursuant to memorandums of understanding with the
state will result in significant increases in the department's
current level of fire prevention activities. It is also the intent of
the Legislature that the budgetary augmentations for year-round
staffing not reduce the reimbursements that the department receives
from contracts with local governments for the department to provide
local fire protection and emergency services pursuant to Section
4144, commonly referred to as "Amador agreements."
   (c) On or before January 10 of each year, the department shall
provide a report to the Legislature, including the budget and fiscal
committees of the Assembly and the Senate, in accordance with Section
9795 of the Government Code, detailing the department's fire
prevention activities, including the increased activities described
in subdivision (b). The report shall display the fire prevention
activities of the previous fiscal year, as well as the information
from previous reports for purposes of a comparison of data. The
report shall include all of the following:
   (1) Fire prevention activities performed by the department on
lands designated as state responsibility areas, and by counties,
where, pursuant to a contract with the department, a county has
agreed to provide fire protection services in state responsibility
areas within county boundaries on behalf of the department. The fire
prevention activities included in the report pursuant to this
paragraph shall include, but not be limited to, all of the following:

   (A) The number of hours of fire prevention education performed.
   (B) The number of defensible space inspections conducted,
including statewide totals and totals for each region.
   (C) The number of citations issued for noncompliance with Section
4291.
   (D) The number of acres treated by mechanical fuel reduction.
   (E) The number of acres treated by prescribed burns.
   (F) Any other data or qualitative information deemed necessary by
the department in order to provide the Legislature with a clear and
accurate accounting of fire prevention activities, particularly with
regard to variations from one year to the next.
   (2) The fire prevention performance measures described in
subparagraphs (A) to (F), inclusive, of paragraph (1) shall be
reported for each region annually, including activities performed
from December 15 to April 15, inclusive.
   (3) Projected fire prevention activities for the following fiscal
year.
   (4) Information on each of the "Amador contracts" described in
subdivision (b), including an annual update on the number of those
contracts and reimbursements received from the contracts that are in
effect.
  SEC. 137.  Section 4214 of the Public Resources Code is amended to
read:
   4214.  (a) Fire prevention fees collected pursuant to this chapter
shall be expended, upon appropriation by the Legislature, as
follows:
   (1) The State Board of Equalization shall retain moneys necessary
for the payment of refunds pursuant to Section 4228 and reimbursement
of the State Board of Equalization for expenses incurred in the
collection of the fee.
   (2) The moneys collected, other than that retained by the State
Board of Equalization pursuant to paragraph (1), shall be deposited
into the State Responsibility Area Fire Prevention Fund, which is
hereby created in the State Treasury, and shall be available to the
board and the department to expend for fire prevention activities
specified in subdivision (d) that benefit the owners of structures
within a state responsibility area who are required to pay the fire
prevention fee. The amount expended to benefit the moneys of
structures within a state responsibility area shall be commensurate
with the amount collected from the owners within that state
responsibility area. All moneys in excess of the costs of
administration of the board and the department shall be expended only
for fire prevention activities in counties with state responsibility
areas.
   (b) (1) The fund may also be used to cover the costs of
administering this chapter.
   (2) The fund shall cover all startup costs incurred over a period
not to exceed two years.
   (c) It is the intent of the Legislature that the moneys in this
fund be fully appropriated to the board and the department each year
in order to effectuate the purposes of this chapter.
   (d) Moneys in the fund shall be used only for the following fire
prevention activities, which shall benefit owners of structures
within the state responsibility areas who are required to pay the
annual fire prevention fee pursuant to this chapter:
   (1) Local assistance grants pursuant to subdivision (e).
   (2) Grants to Fire Safe Councils, the California Conservation
Corps, or certified local conservation corps for fire prevention
projects and activities in the state responsibility areas.
   (3) Grants to a qualified nonprofit organization with a
demonstrated ability to satisfactorily plan, implement, and complete
a fire prevention project applicable to the state responsibility
areas. The department may establish other qualifying criteria.
   (4) Inspections by the department for compliance with defensible
space requirements around structures in state responsibility areas as
required by Section 4291.
   (5) Public education to reduce fire risk in the state
responsibility areas.
   (6) Fire severity and fire hazard mapping by the department in the
state responsibility areas.
   (7) Other fire prevention projects in the state responsibility
areas, authorized by the board.
   (e) (1) The board shall establish a local assistance grant program
for fire prevention activities designed to benefit structures within
state responsibility areas, including public education, that are
provided by counties and other local agencies, including special
districts, with state responsibility areas within their
jurisdictions.
   (2) In order to ensure an equitable distribution of funds, the
amount of each grant shall be based on the number of structures in
state responsibility areas for which the applicant is legally
responsible and the amount of moneys made available in the annual
Budget Act for this local assistance grant program.
   (f) By January 1, 2013, and annually thereafter, the board shall
submit to the Legislature a written report on the status and uses of
the fund pursuant to this chapter. The board shall work
collaboratively with the Department of Forestry and Fire Protection
in preparing the written report pursuant to this subdivision. The
written report shall also include an evaluation of the benefits
received by counties based on the number of structures in state
responsibility areas within their jurisdictions, the effectiveness of
the board's grant programs, the number of defensible space
inspections in the reporting period, the degree of compliance with
defensible space requirements, measures to increase compliance, if
any, and any recommendations to the Legislature.
   (g) (1) The requirement for submitting a report imposed under
subdivision (f) is inoperative on January 1, 2017, pursuant to
Section 10231.5 of the Government Code.
   (2) A report to be submitted pursuant to subdivision (f) shall be
submitted in compliance with Section 9795 of the Government Code.
   (h) It is essential that this article be implemented without
delay. To permit timely implementation, the department may contract
for services related to the establishment of the fire prevention fee
collection process. For this purpose only, and for a period not to
exceed 24 months, the provisions of the Public Contract Code or any
other provision of law related to public contracting shall not apply.

  SEC. 138.  Section 4612 of the Public Resources Code is repealed.
  SEC. 139.  Section 5004.5 of the Public Resources Code is amended
to read:
   5004.5.  (a) The California Youth Soccer and Recreation
Development Program is hereby created in the department. The
department shall administer the program, which is intended to provide
assistance to local agencies and community-based organizations with
regard to funding, and fostering the development of, new youth
soccer, baseball, softball, and basketball recreation opportunities
in                                                    the state.
   (b) The California Youth Soccer and Recreation Development Fund is
hereby created in the State Treasury, to be used as a repository of
funds derived from federal, state, and private sources to be used for
the program.
   (c) The department shall award grants, on a competitive basis, to
local agencies and community-based organizations for the purposes of
the program, subject to an appropriation therefor. The department
shall also develop eligibility guidelines for the award of grants
that give preference to those communities that provide matching funds
for grants, and that are heavily populated, low-income urban areas
with a high youth crime and unemployment rate. The guidelines shall
also require that preference be given to those inner city properties
that may be leased for periods of at least five years or more for
recreational purposes. The department shall conduct public hearings
throughout the state prior to final adoption of eligibility
guidelines.
   (d) Any regulation, guideline, or procedural guide adopted or
developed pursuant to this section is not subject to the review or
approval of the Office of Administrative Law or to any other
requirement of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
   (e) For purposes of this section, the following terms have the
following meanings:
   (1) "Community-based organization" means an organization that
enters into a cooperative agreement with the department pursuant to
Section 513, a nonprofit group or organization, or a friends of parks
group or organization of a city, county, city and county, and
regional park. All community-based organizations shall have a current
tax-exempt status as a nonprofit organization under Section 501(c)
(3) of the federal Internal Revenue Code.
   (2) "Local agency" means a city, county, city and county, park and
recreation district, open-space district, or school district.
   (f) This section shall be implemented only upon appropriation of
sufficient funds to the department for that purpose.
   (g) All funds received by the department pursuant to this section
shall be encumbered within three years of the date of the
appropriation and expended within eight years from the date of the
appropriation.
   (h) Nothing in this section is intended to prohibit
community-based organizations from acting in partnership with
organizations that do not have tax-exempt status as a nonprofit
organization under Section 501(c)(3) of the federal Internal Revenue
Code.
  SEC. 140.  Section 5095.53 of the Public Resources Code is amended
to read:
   5095.53.  The plan shall include a specific timeline for
implementation.
  SEC. 141.  Section 5096.162 of the Public Resources Code is amended
to read:
   5096.162.  (a) Any Member of the Legislature, the State Park and
Recreation Commission, the California Coastal Commission, or the
Secretary of the Resources Agency may nominate any project to be
funded under this article for study by the Department of Parks and
Recreation. Any of the commissions shall make nominations by vote of
its membership.
   (b) The Department of Parks and Recreation shall study any project
so nominated.
   (c) Projects proposed for appropriation for the state park system
pursuant to subdivision (b) of Section 5096.151 shall be subject to
the favorable recommendation of the State Park and Recreation
Commission. Projects recommended by the commission shall be forwarded
to the Director of Finance for inclusion in the Budget Bill.
  SEC. 142.  Section 5096.242 of the Public Resources Code is amended
to read:
   5096.242.  (a) Any Member of the Legislature, the State Park and
Recreation Commission, the California Coastal Commission, or the
Secretary of the Resources Agency may nominate any project to be
funded under this article for study by the Department of Parks and
Recreation. The State Park and Recreation Commission shall nominate
projects after holding at least one public hearing to seek project
proposals from individuals, citizen groups, the Department of Parks
and Recreation, and other public agencies. Any of the commissions
shall make nominations by vote of its membership.
   (b) The Department of Parks and Recreation shall study any project
so nominated.
   (c)  Nominated projects shall be approved by the Secretary of the
Resources Agency and forwarded by the secretary to the Director of
Finance for inclusion in the Budget Bill.
  SEC. 143.  Section 5096.320 of the Public Resources Code is amended
to read:
   5096.320.  The Legislature hereby recognizes that public financial
resources are inadequate to meet all capital outlay needs of the
state park system and that the need for the acquisition, development,
restoration, rehabilitation, improvement, and protection of state
park system lands and facilities has increased to the point that
their continued well-being and the realization of their full public
benefit is in jeopardy.
   Projects approved by the secretary shall be forwarded by the
secretary to the Director of Finance for inclusion in the Budget
Bill.
  SEC. 144.  Section 5096.340 of the Public Resources Code is amended
to read:
   5096.340.  (a) Not less than 11 percent of the funds authorized in
paragraph (1) of subdivision (  l  ) of Section 5096.310
shall be available as grants on a competitive basis to cities,
counties, and nonprofit organizations for the development or
rehabilitation of real property consisting of urban recreational and
cultural centers, museums, and facilities for wildlife education or
environmental education.
   (b) To be eligible for funding, a project shall initially be
nominated by a Member of the Legislature for study by the department.

   (c) In establishing priorities of projects, the department shall
consider any favorable project characteristics, including, but not
limited to, all of the following:
   (1) The project will interpret one or more important California
historical, cultural, economic, or resource themes or an important
historical, cultural, economic, technological, or resource theme in a
major region of California. Higher priority shall be assigned to
projects whose themes are not interpreted in any existing museum or
have demonstrable deficiencies in their presentation in an existing
museum.
   (2) The project is proposed to be operated on lands that are
already in public ownership or on lands that will be acquired and
used for the project in conjunction with adjoining public lands.
   (3) Projects that are closely related geographically to the
resources, activity, structure, place, or collection of objects to be
interpreted, and are close to population centers and access routes.
   (4) Projects that are in, or close to, population centers or are
adjacent to, or readily served by, a state highway or other mode of
public transportation.
   (5) Projects for which there are commitments, or the serious
likelihood of commitments, of funds or the donation of land or other
property suitable for the project.
   (d) The department shall annually forward a list of the highest
priority projects to the Department of Finance for inclusion in the
Budget Bill.
   (e) An application for a grant for a cooperative museum project
shall be submitted jointly by the city, county, or other public
agency, an institute of higher learning, or a nonprofit organization
that cooperatively is operating, or will operate, the project.
  SEC. 145.  Section 5631 of the Public Resources Code is amended to
read:
   5631.  The department, in cooperation with the federal government,
local public agencies, and appropriate representatives of industry,
shall, from time to time as needed but no less frequently than once
every five years, coordinate and conduct a statewide needs analysis
in relation to the purposes of this chapter. That analysis shall
include a full review of the grant program authorized pursuant to
this chapter.
  SEC. 146.  Section 5632 of the Public Resources Code is repealed.
  SEC. 147.  Section 6217.8 of the Public Resources Code is amended
to read:
   6217.8.  (a) For purposes of this section, "fund" means the Oil
Trust Fund established pursuant to subdivision (b).
   (b) The Oil Trust Fund is hereby established in the State
Treasury, and the moneys in the fund are hereby appropriated to the
commission in accordance with this section.
   (c) (1) On or before March 1, 2006, the City of Long Beach shall
pay to the State Lands Commission all money, including both principal
and interest, in the abandonment reserve fund that the city created
in 1999 and that was the subject of the litigation in State of
California ex rel. California State Lands Commission v. City of Long
Beach (2005) 125 Cal.App.4th 767.
   (2) The Controller shall deposit in the fund any funds paid to the
commission pursuant to paragraph (1).
   (3) Except as provided in paragraph (4), on the last day of each
month beginning July 31, 2006, the Controller shall transfer to the
fund the amount of two million dollars ($2,000,000) or 50 percent of
remaining oil revenue, as described in subdivision (d) of Section 4
of Chapter 138 of the Statutes of 1964, First Extraordinary Session
to the Oil Trust Fund, whichever is less.
   (4) Beginning July 1, 2005, and ending December 31, 2005, any
contributions to the fund shall be suspended, except those funds
described in paragraphs (1) and (2). During that period the
Controller shall transfer four million dollars ($4,000,000) monthly
to the General Fund from oil revenues, as described in subdivision
(d) of Section 4 of Chapter 138 of the Statutes of 1964, First
Extraordinary Session.
   (5) Beginning January 1, 2006, and ending June 30, 2006, the
amount contributed to the fund shall be the amount specified in
paragraph (3). During that period the Controller shall also transfer
two million dollars ($2,000,000) monthly to the General Fund from oil
revenues, as described in subdivision (d) of Section 4 of Chapter
138 of the Statutes of 1964, First Extraordinary Session.
   (d) (1) The total amount deposited in the fund shall not exceed
three hundred million dollars ($300,000,000). From the date the
balance in the fund totals three hundred million dollars
($300,000,000), all interest earned thereafter shall be transferred
to the General Fund.
   (2) All interest earned on the money in the abandonment reserve
fund specified in paragraph (1) of subdivision (c) shall be
transferred to the fund.
   (3) The commission shall expend the money from the fund solely to
finance the costs of well abandonment, pipeline removal, facility
removal, remediation, and other costs associated with removal of oil
and gas facilities from the Long Beach tidelands that are not the
responsibility of other parties.
   (4) All money remaining in the fund after completion of all
activities described in subdivision (3) shall be transferred to the
General Fund.
   (e) The moneys deposited in the fund are hereby appropriated to
the commission commencing when all of the following conditions are
met:
   (1) The City of Long Beach adopts a resolution declaring that the
oil revenue described in subdivision (d) of Section 4 of Chapter 138
of the Statutes of 1964, First Extraordinary Session, is insufficient
to fund the costs of activities described in paragraph (3) of
subdivision (d) of this section.
   (2) The City of Long Beach transmits to the commission a copy of
the resolution and all necessary accompanying documentation,
including a plan for expenditures for the activities described in
paragraph (3) of subdivision (d).
   (3) The commission reviews the material provided in paragraph (2)
and notifies the Controller within 60 calendar days of receiving the
material specified in paragraph (2), that expenditure from the fund
may be made so that activities described in paragraph (3) of
subdivision (d) can begin. The commission shall provide a schedule
for expenditures for disbursement of moneys from the fund to the City
of Long Beach. The commission shall submit a copy of the schedule to
the Department of Finance and to the fiscal and appropriate policy
committees of the Legislature.
  SEC. 148.  Section 6331.5 of the Public Resources Code is amended
to read:
   6331.5.  The commission shall make an inventory to ascertain and
describe by metes and bounds the location and extent of all ungranted
tidelands. The commission shall, in a local agency where the
ungranted tideland boundary is described by metes and bounds, acquire
and evaluate the existing boundary description to determine whether
or not additional surveys should be conducted. When available, the
local agency shall provide copies of the descriptions, together with
all materials supporting the descriptions, including field notes and
other basic data, to the commission at no cost, other than the
reproduction cost, to the state.
   No appropriation is made by the act adding this section, nor is an
obligation created thereby, for the reimbursement of a local agency
for costs, other than reproduction costs, that may be incurred by it
in carrying on a program or performing a service required to be
carried on or performed by it by this section. Reimbursements for
reproduction expenditures shall be made by the commission from
appropriations to the commission for the preparation of the
inventory.
   The commission shall evaluate each survey and shall adopt boundary
descriptions already in common use where these metes and bounds
descriptions approximate the existing line of ordinary high water
where it is in a state of nature, or where the descriptions
approximate the last position occupied in a state of nature by the
line of ordinary high water in areas where the existing shoreline has
ceased to be in a state of nature, and where sound engineering
practices were used to conduct the survey. If metes and bounds
descriptions of tideland boundaries are not available, or if the
surveys do not describe the tideland boundary in a state of nature as
hereinbefore defined, or if unsound engineering practices were used
to describe a tideland boundary, the commission may conduct its own
survey. Unless otherwise provided by law, prior to undertaking a
survey on ungranted tidelands, the commission shall prepare an
inventory of those ungranted tidelands that will require a commission
survey.
  SEC. 149.  Section 12290 of the Public Resources Code is repealed.
  SEC. 150.  Section 12291 of the Public Resources Code is repealed.
  SEC. 151.  Section 25401.9 of the Public Resources Code is amended
to read:
   25401.9.  (a) To the extent that funds are available, the
commission, in consultation with the Department of Water Resources,
shall adopt by regulation, after holding one or more public hearings,
performance standards and labeling requirements for landscape
irrigation equipment, including, but not limited to, irrigation
controllers, moisture sensors, emission devices, and valves, for the
purpose of reducing the wasteful, uneconomic, inefficient, or
unnecessary consumption of energy or water.
   (b) For the purposes of complying with subdivision (a), the
commission shall do both of the following:
   (1) Adopt performance standards and labeling requirements for
landscape irrigation controllers and moisture sensors on or before
January 1, 2010.
   (2) Consider the Irrigation Association's Smart Water Application
Technology Program testing protocols when adopting performance
standards for landscape irrigation equipment, including, but not
limited to, irrigation controllers, moisture sensors, emission
devices, and valves.
   (c) On and after January 1, 2012, an irrigation controller or
moisture sensor for landscape irrigation uses may not be sold or
installed in the state unless the controller or sensor meets the
performance standards and labeling requirements established pursuant
to this section.
  SEC. 152.  Section 25722.5 of the Public Resources Code is amended
to read:
   25722.5.  (a) In order to achieve the policy objectives set forth
in Sections 25000.5 and 25722, the Department of General Services, in
consultation with the commission and the State Air Resources Board,
shall develop and adopt specifications and standards for all
passenger cars and light-duty trucks that are purchased or leased on
behalf of, or by, state offices, agencies, and departments. An
authorized emergency vehicle, as defined in Section 165 of the
Vehicle Code, that is equipped with emergency lamps or lights
described in Section 25252 of the Vehicle Code is exempt from the
requirements of this section. The specifications and standards shall
include the following:
   (1) Minimum air pollution emission specifications that meet or
exceed California's Ultra-Low Emission Vehicle II (ULEV II) standards
for exhaust emissions (13 Cal. Code Regs. 1961). These
specifications shall apply on January 1, 2006, for passenger cars and
on January 1, 2010, for light-duty trucks.
   (2) Notwithstanding any other provision of law, the utilization of
procurement policies that enable the Department of General Services
to do all of the following:
   (A) Evaluate and score emissions, fuel costs, and fuel economy in
addition to capital cost to enable the Department of General Services
to choose the vehicle with the lowest life-cycle cost when awarding
a state vehicle procurement contract.
   (B) Maximize the purchase or lease of hybrid or "Best in Class"
vehicles that are substantially more fuel efficient than the class
average.
   (C) Maximize the purchase or lease of available vehicles that meet
or exceed California's Super Ultra-Low Emission Vehicle (SULEV)
passenger car standards for exhaust emissions.
   (D) Maximize the purchase or lease of alternative fuel vehicles.
   (3) In order to discourage the unnecessary purchase or leasing of
a sport utility vehicle and a four-wheel drive truck, a requirement
that each state office, agency, or department seeking to purchase or
lease that vehicle, demonstrate to the satisfaction of the Director
of General Services or to the entity that purchases or leases
vehicles for that office, agency, or department, that the vehicle is
required to perform an essential function of the office, agency, or
department. If it is so demonstrated, priority consideration shall be
given to the purchase or lease of an alternative fuel or hybrid
sports utility vehicle or four-wheel drive vehicle.
   (b) The specifications and standards developed and adopted
pursuant to subdivision (a) do not apply upon the development and
implementation of the method, criteria, and procedure described in
Section 25722.6.
   (c) Each state office, agency, and department shall review its
vehicle fleet and, upon finding that it is fiscally prudent, cost
effective, or otherwise in the public interest to do so, shall
dispose of nonessential sport utility vehicles and four-wheel drive
trucks in its fleet and replace these vehicles with more
fuel-efficient passenger cars and trucks.
   (d) To the maximum extent practicable, each state office, agency,
and department that has bifuel natural gas, bifuel propane, and flex
fuel vehicles in its vehicle fleet shall use the respective
alternative fuel in those vehicles.
   (e) The Director of General Services shall compile annually and
maintain information on the nature of vehicles that are owned or
leased by the state, including, but not limited to, all of the
following:
   (1) The number of passenger-type motor vehicles purchased or
leased during the year, and the number owned or leased as of December
31 of each year.
   (2) The number of sport utility vehicles and four-wheel drive
trucks purchased or leased by the state during the year, and the
number owned or leased as of December 31 of each year.
   (3) The number of alternatively fueled vehicles and hybrid
vehicles purchased or leased by the state during the year, and the
total number owned or leased as of December 31 of each year and their
location.
   (4) The locations of the alternative fuel pumps available for
those vehicles.
   (5) The justification provided for all sport utility vehicles and
four-wheel drive trucks purchased or leased by the state and the
specific office, department, or agency responsible for the purchase
or lease.
   (6) The number of sport utility vehicles and four-wheel drive
trucks purchased or leased by the state during the year, and the
number owned or leased as of December 31 of each year that are
alternative fuel or hybrid vehicles.
   (7) The number of light-duty trucks disposed of under subdivision
(c).
   (8) The total dollars spent by the state on passenger-type vehicle
purchases and leases, categorized by sport utility vehicle and
nonsport utility vehicle, and within each of those categories, by
alternative fuel, hybrid and other.
   (9) The total annual consumption of gasoline and diesel fuel used
by the state fleet.
   (10) The total annual consumption of alternative fuels.
   (11) On December 31, 2009, and annually thereafter, the Director
of General Services shall also compile the total annual vehicle miles
traveled by vehicles in the state fleet.
   (f) Each state office, agency, and department shall cooperate with
the Department of General Services' data requests in order that the
department may compile and maintain the information required in
subdivision (e).
   (g) As soon as practicable, but no later than 12 months after
receiving the data, the information compiled and maintained under
subdivision (e) and a list of those state offices, agencies, and
departments that are not in compliance with subdivision (f) shall be
made available to the public on the Department of General Services'
Internet Web site.
   (h) Beginning July 1, 2009, and every three years thereafter, the
Director of General Services shall prepare a report on the
information compiled and maintained pursuant to subdivision (e). The
Director of General Services shall post that report on its Internet
Web site.
   (i) Pursuant to Article IX of the California Constitution, this
section shall not apply to the University of California except to the
extent that the Regents of the University of California, by
appropriate resolution, make this section applicable.
  SEC. 153.  Section 25722.8 of the Public Resources Code is amended
to read:
   25722.8.  (a) On or before July 1, 2009, the Secretary of State
and Consumer Services, in consultation with the Department of General
Services and other appropriate state agencies that maintain or
purchase vehicles for the state fleet, including the campuses of the
California State University, shall develop and implement, and submit
to the Legislature and the Governor, a plan to improve the overall
state fleet's use of alternative fuels, synthetic lubricants, and
fuel-efficient vehicles by reducing or displacing the consumption of
petroleum products by the state fleet when compared to the 2003
consumption level based on the following schedule:
   (1) By January 1, 2012, a 10-percent reduction or displacement.
   (2) By January 1, 2020, a 20-percent reduction or displacement.
   (b)  Beginning April 1, 2010, and annually thereafter, the
Department of General Services shall prepare a progress report on
meeting the goals specified in subdivision (a). The Department of
General Services shall post the progress report available on its
Internet Web site.
  SEC. 154.  Section 29773.5 of the Public Resources Code is
repealed.
  SEC. 155.  Section 30404 of the Public Resources Code is amended to
read:
   30404.  (a) The Natural Resources Agency shall periodically, in
the case of the State Energy Resources Conservation and Development
Commission, the State Board of Forestry and Fire Protection, the
State Water Resources Control Board and the California regional water
quality control boards, the State Air Resources Board and air
pollution control districts and air quality management districts, the
Department of Fish and Game, the Department of Parks and Recreation,
the Department of Boating and Waterways, the California Geological
Survey and the Division of Oil, Gas, and Geothermal Resources in the
Department of Conservation, and the State Lands Commission, and may,
with respect to any other state agency, submit recommendations
designed to encourage the state agency to carry out its functions in
a manner consistent with this division. The recommendations may
include proposed changes in administrative regulations, rules, and
statutes.
   (b) This section shall remain in effect only until July 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2013, deletes or extends that date.
  SEC. 156.  Section 30404 is added to the Public Resources Code, to
read:
   30404.  (a) The Natural Resources Agency shall periodically, in
the case of the State Energy Resources Conservation and Development
Commission, the State Board of Forestry and Fire Protection, the
State Water Resources Control Board and the California regional water
quality control boards, the State Air Resources Board and air
pollution control districts and air quality management districts, the
Department of Fish and Game, the Department of Parks and Recreation,
the California Geological Survey and the Division of Oil, Gas, and
Geothermal Resources in the Department of Conservation, and the State
Lands Commission, and may, with respect to any other state agency,
submit recommendations designed to encourage the state agency to
carry out its functions in a manner consistent with this division.
The recommendations may include proposed changes in administrative
regulations, rules, and statutes.
   (b) This section shall become operative on July 1, 2013.
  SEC. 157.  Section 30533 of the Public Resources Code is repealed.
  SEC. 158.  Section 32556 of the Public Resources Code is amended to
read:
   32556.  (a) The board shall consist of 13 voting members and 7
nonvoting members.
   (b) The 13 voting members of the board shall consist of the
following:
   (1) The Secretary of the Resources Agency, or his or her designee.

   (2) The Director of Parks and Recreation, or his or her designee.
   (3) The Director of Finance, or his or her designee.
   (4) The Director of the Los Angeles County Department of Parks, or
his or her designee.
   (5) The member of the Los Angeles County Board of Supervisors
within whose district the majority of the Baldwin Hills area is
located.
   (6) Six members of the public appointed by the Governor who are
residents of Los Angeles County and who represent the diversity of
the community surrounding the Baldwin Hills area. Of those six
members, four members shall be selected as follows:
   (A) One member shall be a resident of Culver City selected from a
list of three persons nominated by the city council.
                                           (B) Three members shall be
residents of the adjacent communities of Blair Hills, Ladera
Heights, Baldwin Hills, Windsor Hills, Inglewood, View Park, or
Baldwin Vista.
   (7) A resident of Los Angeles County appointed by the Speaker of
the Assembly, and a resident of Los Angeles County appointed by the
Senate Committee on Rules.
   (c) The seven nonvoting members shall consist of the following:
   (1) The Secretary of the California Environmental Protection
Agency, or his or her designee.
   (2) The Executive Officer of the State Coastal Conservancy, or his
or her designee.
   (3) The Executive Officer of the State Lands Commission, or his or
her designee.
   (4) An appointee of the Governor with experience in developing
contaminated sites, commonly referred to as "brownfields."
   (5) The Executive Director of the Santa Monica Mountains
Conservancy, or his or her designee.
   (6) The Director of the Culver City Human Services Department, or
his or her designee.
   (7) The Director of the Department of Conservation, or his or her
designee.
   (d) A quorum shall consist of seven voting members of the board,
and any action of the board affecting any matter before the board
shall be decided by a majority vote of the voting members present, a
quorum being present. However, the affirmative vote of at least four
of the voting members of the board shall be required for the
transaction of any business of the board.
   (e) The board shall do both of the following:
   (1) Study the potential environmental and recreational uses of
Ballona Creek and the adjacent property described in subdivision (a)
of Section 32553.
   (2) Develop a proposed map for that area.
  SEC. 159.  Section 32556.2 of the Public Resources Code is
repealed.
  SEC. 160.  Section 41821.5 of the Public Resources Code is amended
to read:
   41821.5.  (a) Disposal facility operators shall submit to counties
information from periodic tracking surveys on the disposal tonnages
by jurisdiction or region of origin that are disposed of at each
disposal facility. To enable disposal facility operators to provide
that information, solid waste handlers and transfer station operators
shall provide information to disposal facility operators on the
origin of the solid waste that they deliver to the disposal facility.

   (b) Recycling and composting facilities shall submit periodic
information to counties on the types and quantities of materials that
are disposed of, sold to end users, or that are sold to exporters or
transporters for sale outside of the state, by county of origin.
When materials are sold or transferred by one recycling or composting
facility to another, for other than an end use of the material or
for export, the seller or transferor of the material shall inform the
buyer or transferee of the county of origin of the materials. The
reporting requirements of this subdivision do not apply to entities
that sell the byproducts of a manufacturing process.
   (c) Each county shall submit periodic reports to the cities within
the county, to any regional agency of which it is a member agency,
and to the board, on the amounts of solid waste disposed by
jurisdiction or region of origin, as specified in subdivision (a),
and on the categories and amounts of solid waste diverted to
recycling and composting facilities within the county or region, as
specified in subdivision (b).
   (d) The board may adopt regulations pursuant to this section
requiring practices and procedures that are reasonable and necessary
to perform the periodic tracking surveys required by this section,
and that provide a representative accounting of solid wastes that are
handled, processed, or disposed. Those regulations or periodic
tracking surveys approved by the board shall not impose an
unreasonable burden on waste handling, processing, or disposal
operations or otherwise interfere with the safe handling, processing,
and disposal of solid waste.
  SEC. 161.  Section 42889.3 of the Public Resources Code is
repealed.
  SEC. 162.  Section 47123 of the Public Resources Code is repealed.
  SEC. 163.  Section 5096.829 of the Public Resources Code is
repealed.
  SEC. 164.  Section 71211 of the Public Resources Code is amended to
read:
   71211.  (a) (1) The Department of Fish and Game, in consultation
with the commission and the United States Coast Guard, shall collect
data necessary to establish and maintain an inventory of the location
and geographic range of nonindigenous species populations in the
coastal and estuarine waters of the state that includes open coastal
waters and bays and estuaries. In particular, data shall be collected
that does both of the following:
   (A) Supplements the existing baseline of nonindigenous species
previously developed pursuant to this section, by adding data from
investigations of intertidal and nearshore subtidal habitats along
the open coast.
   (B) Monitors the coastal and estuarine waters of the state,
including, but not limited to, habitats along the open coast, for new
introductions of nonindigenous species or spread of existing
nonindigenous species populations.
   (2) Whenever possible, the study shall utilize appropriate,
existing data, including data from previous studies made pursuant to
this section. The Department of Fish and Game shall make the
inventory and accompanying analysis available to the public through
the Internet on or before January 1, 2007, and annually shall provide
to the public an update of that inventory.
   (b) (1) The Department of Fish and Game, in consultation with the
commission and the United States Coast Guard, shall assess the
effectiveness of the ballast water controls implemented pursuant to
this division by comparing the status and establishment of
nonindigenous species populations, as determined from the data
collected pursuant to subdivision (a), with the baseline data
collected pursuant to this division and submitted in a report to the
Legislature in 2003.
   (2) Whenever possible, this research shall utilize appropriate,
existing data.
   (c) Information generated by the research conducted pursuant to
this section shall be of the type and in a format useful for
subsequent studies and reports undertaken for any of the following
purposes:
   (1) The determination of alternative discharge zones.
   (2) The identification of environmentally sensitive areas to be
avoided for uptake or discharge of ballast water.
   (3) The long-term effectiveness of discharge control measures.
   (4) The determination of potential risk zones where uptake or
discharge of ballast water shall be prohibited.
   (5) The rate and risk of establishment of nonindigenous species in
the coastal waters of the state, and resulting impacts.
  SEC. 165.  Section 9502 of the Public Utilities Code is repealed.
  SEC. 166.  Section 185032 of the Public Utilities Code is amended
to read:
   185032.  Upon an appropriation in the Budget Act for that purpose,
the authority shall prepare a plan for the construction and
operation of a high-speed train network for the state, consistent
with and continuing the work of the Intercity High-Speed Rail
Commission conducted prior to January 1, 1997. The plan shall include
an appropriate network of conventional intercity passenger rail
service and shall be coordinated with existing and planned commuter
and urban rail systems.
   (a) The authorization and responsibility for planning,
construction, and operation of high-speed passenger train service at
speeds exceeding 125 miles per hour in this state is exclusively
granted to the authority.
   (b) Except as provided in paragraph (2), nothing in this
subdivision precludes other local, regional, or state agencies from
exercising powers provided by law with regard to planning or
operating, or both, passenger rail service.
  SEC. 167.  Section 8352.4 of the Revenue and Taxation Code is
amended to read:
   8352.4.  (a) Subject to Sections 8352 and 8352.1, and except as
otherwise provided in subdivision (b), there shall be transferred
from the money deposited to the credit of the Motor Vehicle Fuel
Account to the Harbors and Watercraft Revolving Fund, for expenditure
in accordance with Division 1 (commencing with Section 30) of the
Harbors and Navigation Code, the sum of six million six hundred
thousand dollars ($6,600,000) per annum, representing the amount of
money in the Motor Vehicle Fuel Account attributable to taxes imposed
on distributions of motor vehicle fuel used or usable in propelling
vessels. The actual amount shall be calculated using the annual
reports of registered boats prepared by the Department of Motor
Vehicles for the United States Coast Guard and the formula and method
of the December 1972 report prepared for this purpose and submitted
to the Legislature on December 26, 1972, by the Director of
Transportation. If the amount transferred during each fiscal year is
in excess of the calculated amount, the excess shall be retransferred
from the Harbors and Watercraft Revolving Fund to the Motor Vehicle
Fuel Account. If the amount transferred is less than the amount
calculated, the difference shall be transferred from the Motor
Vehicle Fuel Account to the Harbors and Watercraft Revolving Fund. No
adjustment shall be made if the computed difference is less than
fifty thousand dollars ($50,000), and the amount shall be adjusted to
reflect any temporary or permanent increase or decrease that may be
made in the rate under the Motor Vehicle Fuel Tax Law. Payments
pursuant to this section shall be made prior to payments pursuant to
Section 8352.2.
   (b) Commencing July 1, 2012, the revenues attributable to the
taxes imposed pursuant to subdivision (b) of Section 7360 and Section
7361.1 and otherwise to be deposited in the Harbors and Watercraft
Revolving Fund pursuant to subdivision (a) shall instead be
transferred to the General Fund. The revenues attributable to the
taxes imposed pursuant to subdivision (b) of Section 7360 and Section
7361.1 that were deposited in the Harbors and Watercraft Revolving
Fund in the 2010-11 and 2011-12 fiscal years shall be transferred to
the General Fund.
  SEC. 168.  Section 10752.2 of the Revenue and Taxation Code is
amended to read:
   10752.2.  (a) For initial or renewal registrations due on and
after May 19, 2009, but before July 1, 2011, in addition to the
annual license fee for a vehicle, other than a commercial motor
vehicle described in Section 9400.1 of the Vehicle Code, imposed
pursuant to Sections 10752 and 10752.1, a sum equal to 0.15 percent
of the market value of the vehicle as determined by the department,
shall be added to that annual fee.
   (b) Notwithstanding Chapter 5 (commencing with Section 11001) or
any other law to the contrary, all revenues (including penalties),
less refunds, derived from fees collected pursuant to subdivision (a)
shall be deposited in the General Fund and transferred to the Local
Safety and Protection Account, which is hereby established in the
Transportation Tax Fund. Notwithstanding Section 13340 of the
Government Code, all moneys in the account are hereby continuously
appropriated, without regard to fiscal year, to the Controller for
allocation pursuant to Sections 29553, 30061, and 30070 of the
Government Code, Section 13821 of the Penal Code, and Sections 18220
and 18220.1 of the Welfare and Institutions Code. All revenue derived
from subdivision (a) that is received after June 30, 2011, shall be
deemed to have been received during the 2010-11 fiscal year for
purposes of allocation by the Controller.
  SEC. 169.  Section 97 of the Streets and Highways Code is amended
to read:
   97.  (a) A state highway segment shall be designated by the
department as a Safety Enhancement-Double Fine Zone if all of the
following conditions have been satisfied:
   (1)  The highway segment is eligible for designation pursuant to
subdivision (b).
   (2) The Director of Transportation, in consultation with the
Commissioner of the California Highway Patrol, certifies that the
segment identified in subdivision (b) meets all of the following
criteria:
   (A) The highway segment is a conventional highway or expressway
and is part of the state highway system.
   (B) The rate of total collisions per mile per year on the segment
under consideration has been at least 1.5 times the statewide average
for similar roadway types during the most recent three-year period
for which data are available.
   (C) The rate of head-on collisions per mile per year on the
segment under consideration has been at least 1.5 times the statewide
average for similar roadway types during the most recent three-year
period for which data are available.
   (3) The Department of the California Highway Patrol or local
agency having traffic enforcement jurisdiction, as the case may be,
has concurred with the designation.
   (4) The governing board of each city, or county with respect to an
unincorporated area, in which the segment is located has by
resolution indicated that it supports the designation.
   (5) An active public awareness effort to change driving behavior
is ongoing either by the local agency with jurisdiction over the
segment or by another state or local entity.
   (6) Other traffic safety enhancements, including, but not limited
to, increased enforcement and other roadway safety measures, are in
place or are being implemented concurrent with the designation of the
Safety Enhancement-Double Fine Zone.
   (b) The following segments are eligible for designation as a
Safety Enhancement-Double Fine Zone pursuant to subdivision (a):
   State Highway Route 12 between the State Highway Route 80 junction
in Solano County and the State Highway Route 5 junction in San
Joaquin County.
   (c) Designation of a segment as a Safety Enhancement-Double Fine
Zone by the department pursuant to subdivision (a) shall be done in
writing and a written notification shall be provided to the court
with jurisdiction over the area in which the highway segment is
located. The designation shall be valid for a minimum of two years
from the date of submission to the court.
   (d) After the two-year period, and at least every two years
thereafter, the department, in consultation with the Department of
the California Highway Patrol, shall evaluate whether the highway
segment continues to meet the conditions set forth in subdivision
(a). If the segment meets those conditions, the department shall
renew the designation in which case an updated notification shall be
sent to the court. If the department, in consultation with the
Department of the California Highway Patrol, determines that any of
those conditions no longer apply to a segment designated as a Safety
Enhancement-Double Fine Zone under this section, the department shall
revoke the designation and the segment shall cease to be a Safety
Enhancement-Double Fine Zone.
   (e) A Safety Enhancement-Double Fine Zone is subject to the rules
and regulations adopted by the department prescribing uniform
standards for warning signs to notify motorists that, pursuant to
Section 42010 of the Vehicle Code, increased penalties apply for
traffic violations that are committed within a Safety
Enhancement-Double Fine Zone.
   (f) (1) The department or the local authority having jurisdiction
over these highway and road segments shall place and maintain the
warning signs identifying these segments by stating that a "Special
Safety Zone Region Begins Here" and a "Special Safety Zone Ends Here."

   (2) Increased penalties shall apply to violations under Section
42010 of the Vehicle Code only if appropriate signage is in place
pursuant to this subdivision.
   (3) If designation as a Safety Enhancement-Double Fine Zone is
revoked pursuant to subdivision (d), the department shall be
responsible for removal of all signage placed pursuant to this
subdivision.
   (g) Safety Enhancement-Double Fine Zones do not increase the civil
liability of the state or local authority having jurisdiction over
the highway segment under Division 3.6 (commencing with Section 810)
of Title 1 of the Government Code or any other provision of law
relating to civil liability.
   (1) Only the base fine shall be enhanced pursuant to this section.

   (2) Notwithstanding any other provision of law, any additional
penalty, forfeiture, or assessment imposed by any other statute shall
be based on the amount of the base fine before enhancement or
doubling and shall not be based on the amount of the enhanced fine
imposed pursuant to this section.
   (h) The projects specified as a Safety Enhancement-Double Fine
Zone shall not be elevated in priority for state funding purposes.
   (i) The requirements of subdivision (a) shall not apply to the
Safety Enhancement-Double Fine Zone established prior to the
effective date of this subdivision pursuant to Section 97.4 or to the
Safety Enhancement-Double Fine Zones established pursuant to Section
97.5.
  SEC. 170.  Section 164.56 of the Streets and Highways Code is
amended to read:
   164.56.  (a) It is the intent of the Legislature to allocate ten
million dollars ($10,000,000) annually to the Environmental
Enhancement and Mitigation Program Fund, which is hereby created.
   (b) Local, state, and federal agencies and nonprofit entities may
apply for and may receive grants, not to exceed five million dollars
($5,000,000) for any single grant, to undertake environmental
enhancement and mitigation projects that are directly or indirectly
related to the environmental impact of modifying existing
transportation facilities or for the design, construction, or
expansion of new transportation facilities.
   (c) Projects eligible for funding include, but are not limited to,
all of the following:
   (1) Highway landscaping and urban forestry projects designed to
offset vehicular emissions of carbon dioxide.
   (2) Acquisition or enhancement of resource lands to mitigate the
loss of, or the detriment to, resource lands lying within the
right-of-way acquired for proposed transportation improvements.
   (3) Roadside recreational opportunities, including roadside rests,
trails, trailheads, and parks.
   (4) Projects to mitigate the impact of proposed transportation
facilities or to enhance the environment, where the ability to
effectuate the mitigation or enhancement measures is beyond the scope
of the lead agency responsible for assessing the environmental
impact of the proposed transportation improvement.
   (d) Grant proposals shall be submitted to the Resources Agency for
evaluation in accordance with procedures and criteria prescribed by
the Resources Agency. The Resources Agency shall evaluate proposals
submitted to it and prepare a list of proposals recommended for
funding. The list may be revised at any time. Prior to including a
proposal on the list, the Resources Agency shall make a finding that
the proposal is eligible for funding pursuant to subdivision (f).
   (e) Within the fiscal limitations of subdivisions (a) and (b), the
commission shall annually award grants to fund proposals that are
included on the list prepared by the Resources Agency pursuant to
subdivision (d).
   (f) Projects funded pursuant to this section shall be projects
that contribute to mitigation of the environmental effects of
transportation facilities, as provided for by Section 1 of Article
XIX of the California Constitution.
  SEC. 171.  Section 182.8 of the Streets and Highways Code is
amended to read:
   182.8.  (a) It is the intent of the Legislature that this program
help increase flexibility in the use of state and federal funding to
complete transportation improvements. The ability to exchange certain
federal funds for state funds may enhance that flexibility. However,
it is the intent of the Legislature that the commission make these
exchanges only if the exchanges do not compromise other state funded
projects or activities.
   (b) The commission shall propose guidelines and procedures to
implement this section, hold a public hearing on the guidelines, and
adopt the guidelines on or before February 1, 2001. The commission
shall begin the exchange program on or before February 1, 2001, if it
determines that funding is available for that purpose. The
commission may amend its guidelines after holding a public hearing,
but may not amend the guidelines between the time it notifies
regional transportation planning agencies of the amount of state
funds available for exchange and its approval of projects for
exchange in any given year.
   (c) On or before January 5 of each year, the department shall
report to the commission the amounts apportioned as federal local
assistance in the regional surface transportation and congestion
mitigation and air quality programs for the year, the Federal
Obligation Authority for the year, and the amount of federal funds it
expects to be able to obligate for work on projects in all programs
on or before September 30 of that year, and the commission, in
cooperation with the department, shall determine the amount of state
funds from the Traffic Congestion Relief Fund that can be made
available for exchange under this section. If the release of federal
apportionments and obligational authority is delayed beyond November
1 in any year, all the dates specified in this section shall be
extended by an equivalent time, however, all federal funds exchanged
shall be obligated on or before September 30 of the current federal
fiscal year.
   (d) The commission may exchange funds under this section if it
determines all of the following:
   (1) Adequate state funds are available to accomplish the exchange
without putting at risk other transportation activities or projects
needing state funds.
   (2) Any exchange will be consistent with full implementation of
the Traffic Congestion Relief Act of 2000.
   (3) Federal funds received in exchange can be readily and
effectively used on other projects or activities by the state during
the federal fiscal year.
   (e) After making the determinations set forth in subdivision (d)
the commission may offer to exchange state funds from the Traffic
Congestion Relief Fund for federal local assistance funds, subject to
the limits imposed under this section. For the purpose of this
section, "federal local assistance" funds means regional surface
transportation program or congestion mitigation and air quality
program apportionments received that federal fiscal year and
apportioned as local assistance pursuant to Sections 182.6 and 182.7.

   (f) Not later than February 1 of each year, the commission shall
notify the regional transportation planning agencies of the amount of
state funds available for exchange for federal local assistance
funds for that year. The maximum amount of state funds to be
exchanged may not exceed 50 percent of the total amount of federal
regional surface transportation program and congestion mitigation and
air quality program funds apportioned for the current fiscal year as
local assistance pursuant to subdivision (b) of Section 182.6 and
subdivision (b) of Section 182.7, exclusive of state funds that may
be exchanged pursuant to subdivision (g) of Section 182.6, paragraphs
(1) and (2) of subdivision (h) of Section 182.6, or Section 182.7.
Federal funds exchanged under this program shall be available for
projects identified by the commission as ready to obligate during
determination of the amount available for exchange. The amount of
exchange may not exceed the department's ability to obligate all
federal funds during the current federal fiscal year. The commission
may not exchange state funds for regional surface transportation
program funds required to be spent for transportation enhancements.
This section does not affect the amount of exchange under subdivision
(g) of Sections 182.6, or paragraphs (1) and (2) of subdivision (h)
of Section 182.6.
   (g) Regional transportation planning agencies may submit
applications for exchange of funds to the commission not later than
March 15 of each year. Applications shall identify the proposed use
for the exchange funds, including project descriptions, cost
estimates, scopes of work, schedules for construction, schedules for
expenditures, and any other information required by the commission.
The commission may require a region to identify priorities among
applications it submits.
   (h) If the commission receives applications for more exchange
funds than the amount of state funds available, the commission shall
select projects for exchange up to the amount of state funds
available. The commission shall explain the criteria it uses to
select projects, which shall include, but are not limited to, all of
the following:
   (1) Removal of all federal funds from projects.
   (2) Assessment of projects that would benefit most from removal of
federal funding because of size, type, location, agency capability,
features, or federal requirements.
   (3) Approximate relative equity within the program among regions
in receiving state exchange funds over a multiyear period.
   (i) The commission may exchange state funds for federal local
assistance funds with agencies requesting exchanges. Agencies wishing
to exchange their federal funds shall provide apportionments and
obligation authority at the same rate the Federal Highway
Administration distributes obligation authority. Agencies exchanging
federal funds shall receive funds equal to 90 percent of the
obligation authority exchanged. The commission shall approve
exchanges of funds not later than its second regularly scheduled
meeting following March 15 each year.
   (j) The commission shall determine an exchange payment schedule
based on expenditure plans. The commission may suspend exchange
payment schedules if it determines projects are not proceeding.
   (k) For financial display and reporting purposes, obligational
authority received pursuant to this section shall be reported as a
revenue accrual in the Traffic Congestion Relief Fund in the year in
which the exchange is approved under subdivision (i). Funds approved
for exchange shall be accrued as expenditures in the year in which
the exchange is approved. Notwithstanding Section 16362 of the
Government Code, the department shall repay from the State Highway
Account to the Traffic Congestion Relief Fund all funds received as
federal reimbursements for funds exchanged under this section as they
are received from the Federal Highway Administration, except that
those repayments are not required to be made more frequently than on
a quarterly basis.
   ( l  ) State funds provided through an exchange under
this section shall be encumbered within one year and expended within
three years.
   (m) Upon adoption of its implementing guidelines, the commission
may consider requests for exchanges under this section.
                                                               (n)
Regional and local agencies shall use state exchange funds only for
projects or purposes for which the federal local assistance funds
being exchanged were originally intended, and may not supplant local
funds on projects in order that those local funds can subsequently be
used for nontransportation purposes. The commission may require
agencies to certify that they are meeting this requirement. Agencies
not meeting this maintenance of effort requirement may not be allowed
to participate in the next exchange cycle.
   (o) Not later than the effective date of the reauthorization of
the federal surface transportation act, the commission shall submit a
report to the Governor and the Legislature recommending any changes
in the exchange program necessitated by that reauthorization.
  SEC. 172.  Section 2424 of the Streets and Highways Code is amended
to read:
   2424.  (a) The department, metropolitan planning organizations,
county transportation commissions, regional transportation planning
agencies, counties, cities, and a city and county shall comply with
all reporting requirements to the Federal Highway Administration
(FHWA) established in federal law regarding funds made available
under the American Recovery and Reinvestment Act of 2009.
   (b) In complying with the requirements of subdivision (a), the
department, metropolitan planning organizations, county
transportation commissions, regional transportation planning
agencies, counties, cities, and a city and county shall provide the
same data they provide to the FHWA to the department under the same
timelines required by the FHWA or federal law. Regional entities
shall include in the data provided to the department information on
the use of federal funds made available under the American Recovery
and Reinvestment Act of 2009 that were suballocated to cities and
counties within their jurisdiction.
   (c) All jurisdictions that received and obligated or expended
federal funds for transportation enhancement activities pursuant to
federal law and this chapter shall include in the data they provide
to the department pursuant to subdivision (b) a description of the
number, value, and type of project that involved the participation of
a community conservation corps or the California Conservation Corps.

  SEC. 173.  Section 30161.5 of the Streets and Highways Code is
amended to read:
   30161.5.  (a) For any bridge at which an automatic vehicle
identification system, as described in this section, has been
installed and is in operation, the department may waive the
requirement that the holder of a credit permit furnish and maintain a
surety bond. The automatic vehicle identification system shall have
the capability of identifying each vehicle operating under the permit
and of tabulating the number of bridge crossings by those vehicles.
This section does not affect the authority of the department under
Section 30796.8.
   (b) The department shall notify the Legislature of the date upon
which it commences operation of the system described in subdivision
(a) on any bridge other than the bridge described in Section 30796.
   (c) This section shall become inoperative five years from the date
specified by the department pursuant to subdivision (b), and as of
January 1 next following that date is repealed, unless a later
enacted statute, which becomes effective on or before that January 1,
deletes or extends that date.
  SEC. 174.  Section 9907 of the Unemployment Insurance Code is
repealed.
  SEC. 175.  Section 15002 of the Unemployment Insurance Code is
amended to read:
   15002.  (a) The California Workforce Investment Board (CWIB) shall
establish a special committee known as the Green Collar Jobs Council
(GCJC), comprised of the appropriate representatives from the CWIB
existing membership, including the K-12 representative, the
California Community Colleges representative, the Business,
Transportation and Housing Agency representative, the Employment
Development Department representative, and other appropriate members.
The GCJC may consult with other state agencies, other higher
education representatives, local workforce investment boards, and
industry representatives as well as philanthropic, nongovernmental,
and environmental groups, as appropriate, in the development of a
strategic initiative. To the extent private funds are available, is
the intent of the Legislature that the GCJC will develop an annual
award for outstanding achievement for workforce training programs
operated by local or state agencies, businesses, or nongovernment
organizations to be named after Parrish R. Collins.
   (b) As part of the strategic initiative, the GCJC shall focus on
developing the framework, funding, strategies, programs, policies,
partnerships, and opportunities necessary to address the growing need
for a highly skilled and well-trained workforce to meet the needs of
California's emerging green economy. The GCJC shall do all of the
following:
   (1) Assist in identifying and linking green collar job
opportunities with workforce development training opportunities in
local workforce investment areas (LWIAs), encouraging regional
collaboration among LWIAs to meet regional economic demands.
   (2) Align workforce development activities with regional economic
recovery and growth strategies.
   (3) Develop public, private, philanthropic, and nongovernmental
partnerships to build and expand the state's workforce development
programs, network, and infrastructure.
   (4) Provide policy guidance for job training programs for the
clean and green technology sectors to help them prepare specific
populations, such as at-risk youth, displaced workers, veterans,
formerly incarcerated individuals, and others facing barriers to
employment.
   (5) Develop, collect, analyze, and distribute statewide and
regional labor market data on California's new and emerging green
industries workforce needs, trends, and job growth.
   (6) Collaborate with community colleges and other educational
institutions, registered apprenticeship programs, business and labor
organizations, and community-based and philanthropic organizations to
align workforce development services with strategies for regional
economic growth.
   (7) Identify funding resources and make recommendations on how to
expand and leverage these funds.
   (8) Foster regional collaboratives in the green economic sector.
   (c) The CWIB may accept any revenues, moneys, grants, goods, or
services from federal and state entities, philanthropic
organizations, and other sources, to be used for purposes relating to
the administration and implementation of the strategic initiative,
as described in subdivision (b). The CWIB shall also ensure the
highest level of transparency and accountability and make information
available on the CWIB Internet Web site.
   (d) Upon appropriation by the Legislature, the department may
expend the moneys and revenues received pursuant to subdivision (c)
for purposes related to the administration and implementation of the
strategic initiative, and for the award of workforce training grants
implementing the strategic initiative.
  SEC. 176.  Section 9250.7 of the Vehicle Code is amended to read:
   9250.7.  (a) (1) A service authority established under Section
22710 may impose a service fee of one dollar ($1) on all vehicles,
except vehicles described in subdivision (a) of Section 5014.1,
registered to an owner with an address in the county that established
the service authority. The fee shall be paid to the department at
the time of registration, or renewal of registration, or when renewal
becomes delinquent, except on vehicles that are expressly exempted
under this code from the payment of registration fees.
   (2) In addition to the one-dollar ($1) service fee, and upon the
implementation of the permanent trailer identification plate program,
and as part of the Commercial Vehicle Registration Act of 2001, all
commercial motor vehicles subject to Section 9400.1 registered to an
owner with an address in the county that established a service
authority under this section shall pay an additional service fee of
two dollars ($2).
   (b) The department, after deducting its administrative costs,
shall transmit, at least quarterly, the net amount collected pursuant
to subdivision (a) to the Treasurer for deposit in the Abandoned
Vehicle Trust Fund, which is hereby created. All money in the fund is
continuously appropriated to the Controller for allocation to a
service authority that has an approved abandoned vehicle abatement
program pursuant to Section 22710, and for payment of the
administrative costs of the Controller. After deduction of its
administrative costs, the Controller shall allocate the money in the
Abandoned Vehicle Trust Fund to each service authority in proportion
to the revenues received from the fee imposed by that authority
pursuant to subdivision (a). If any funds received by a service
authority pursuant to this section are not expended to abate
abandoned vehicles pursuant to an approved abandoned vehicle
abatement program that has been in existence for at least two full
fiscal years within 90 days of the close of the fiscal year in which
the funds were received and the amount of those funds exceeds the
amount expended by the service authority for the abatement of
abandoned vehicles in the previous fiscal year, the fee imposed
pursuant to subdivision (a) shall be suspended for one year,
commencing on July 1 following the Controller's determination
pursuant to subdivision (e).
   (c) Every service authority that imposes a fee authorized by
subdivision (a) shall issue a fiscal yearend report to the Controller
on or before October 31 of each year summarizing all of the
following:
   (1) The total revenues received by the service authority during
the previous fiscal year.
   (2) The total expenditures by the service authority during the
previous fiscal year.
   (3) The total number of vehicles abated during the previous fiscal
year.
   (4) The average cost per abatement during the previous fiscal
year.
   (5) Any additional, unexpended fee revenues for the service
authority during the previous fiscal year.
   (6) The number of notices to abate issued to vehicles during the
previous fiscal year.
   (7) The number of vehicles disposed of pursuant to an ordinance
adopted pursuant to Section 22710 during the previous fiscal year.
   (8) The total expenditures by the service authority for towing and
storage of abandoned vehicles during the previous fiscal year.
   (d) Each service authority that fails to submit the report
required pursuant to subdivision (c) by October 31 of each year shall
have its fee pursuant to subdivision (a) suspended for one year
commencing on July 1 following the Controller's determination
pursuant to subdivision (e).
   (e) On or before January 1 annually, the Controller shall review
the fiscal yearend reports, submitted by each service authority
pursuant to subdivision (c) and due no later than October 31, to
determine if fee revenues are being utilized in a manner consistent
with the service authority's approved program. If the Controller
determines that the use of the fee revenues is not consistent with
the service authority's program as approved by the Department of the
California Highway Patrol, or that an excess of fee revenues exists,
as specified in subdivision (b), the authority to collect the fee
shall be suspended for one year pursuant to subdivision (b). If the
Controller determines that a service authority has not submitted a
fiscal yearend report as required in subdivision (c), the
authorization to collect the service fee shall be suspended for one
year pursuant to subdivisions (b) and (d). The Controller shall
inform the Department of Motor Vehicles on or before January 1
annually, that the authority to collect the fee is suspended. A
suspension shall only occur if the service authority has been in
existence for at least two full fiscal years and the revenue fee
surpluses are in excess of those allowed under this section, the use
of the fee revenue is not consistent with the service authority's
approved program, or the required fiscal yearend report has not been
submitted by October 31.
   (f) On or before January 1, 2010, and biennially thereafter, the
service authority shall have a financial audit of the service
authority conducted by a qualified independent third party.
   (g) The fee imposed by a service authority shall remain in effect
only for a period of 10 years from the date that the actual
collection of the fee commenced unless the fee is extended pursuant
to this subdivision. The fee may be extended in increments of up to
10 years each if the board of supervisors of the county, by a
two-thirds vote, and a majority of the cities having a majority of
the incorporated population within the county adopt resolutions
providing for the extension of the fee.
  SEC. 177.  Section 9250.14 of the Vehicle Code is amended to read:
   9250.14.  (a) (1) In addition to any other fees specified in this
code and the Revenue and Taxation Code, upon the adoption of a
resolution by any county board of supervisors, a fee of one dollar
($1) shall be paid at the time of registration or renewal of
registration of every vehicle, except vehicles described in
subdivision (a) of Section 5014.1, registered to an address within
that county except those expressly exempted from payment of
registration fees. The fees, after deduction of the administrative
costs incurred by the department in carrying out this section, shall
be paid quarterly to the Controller.
   (2) In addition to the one-dollar ($1) service fee, and upon the
implementation of the permanent trailer identification plate program,
and as part of the Commercial Vehicle Registration Act of 2001, all
commercial motor vehicles subject to Section 9400.1 registered to an
owner with an address in the county that established a service
authority under this section, shall pay an additional service fee of
two dollars ($2).
   (b) Notwithstanding Section 13340 of the Government Code, the
money paid to the Controller is continuously appropriated, without
regard to fiscal years, for the administrative costs of the
Controller, and for disbursement by the Controller to each county
that has adopted a resolution pursuant to subdivision (a), based upon
the number of vehicles registered, or whose registration is renewed,
to an address within that county.
   (c) Except as otherwise provided in this subdivision, money
allocated to a county pursuant to subdivision (b) shall be expended
exclusively to fund programs that enhance the capacity of local
police and prosecutors to deter, investigate, and prosecute vehicle
theft crimes. In any county with a population of 250,000 or less, the
money shall be expended exclusively for those vehicle theft crime
programs and for the prosecution of crimes involving driving while
under the influence of alcohol or drugs, or both, in violation of
Section 23152 or 23153, or vehicular manslaughter in violation of
Section 191.5 or subdivision (c) of Section 192 of the Penal Code, or
any combination of those crimes.
   (d) Money collected pursuant to this section shall not be expended
to offset a reduction in any other source of funds, nor for any
purpose not authorized under this section.
   (e) Any funds received by a county prior to January 1, 2000,
pursuant to this section, that are not expended to deter,
investigate, or prosecute crimes pursuant to subdivision (c) shall be
returned to the Controller, for deposit in the Motor Vehicle Account
in the State Transportation Fund. Those funds received by a county
shall be expended in accordance with this section.
   (f) Each county that adopts a resolution under subdivision (a)
shall submit, on or before the 13th day following the end of each
quarter, a quarterly expenditure and activity report to the
designated statewide Vehicle Theft Investigation and Apprehension
Coordinator in the Department of the California Highway Patrol.
   (g) A county that imposes a fee under subdivision (a) shall issue
a fiscal year-end report to the Controller on or before August 31 of
each year. The report shall include a detailed accounting of the
funds received and expended in the immediately preceding fiscal year,
including, at a minimum, all of the following:
   (1) The total revenues received by the county under subdivision
(b) for the immediately preceding fiscal year.
   (2) The total expenditures by the county under subdivision (c) for
the immediately preceding fiscal year.
   (3) Details of expenditures made by the county under subdivision
(c), including salaries and expenses, purchase of equipment and
supplies, and any other expenditures made listed by type with an
explanatory comment.
   (4) A summary of vehicle theft abatement activities and other
vehicle theft programs funded by the fees collected under this
section.
   (5) The total number of stolen vehicles recovered and the value of
those vehicles during the immediately preceding fiscal year.
   (6) The total number of vehicles stolen during the immediately
preceding fiscal year as compared to the fiscal year prior to the
immediately preceding fiscal year.
   (7) Any additional, unexpended fee revenues received under
subdivision (b) for the county for the immediately preceding fiscal
year.
   (h) Each county that fails to submit the report required pursuant
to subdivision (g) by November 30 of each year shall have the fee
suspended by the Controller for one year, commencing on July 1
following the Controller's determination that a county has failed to
submit the report.
   (i) (1) On or before January 1, 2006, and on or before January 1
annually thereafter, the Controller shall provide to the Department
of the California Highway Patrol copies of the yearend reports
submitted by the counties under subdivision (g), and, in consultation
with the Department of the California Highway Patrol, shall review
the fiscal yearend reports submitted by each county pursuant to
subdivision (g) to determine if fee revenues are being utilized in a
manner consistent with this section. If the Controller determines
that the use of the fee revenues is not consistent with this section,
the Controller shall consult with the participating counties'
designated regional coordinators. If the Controller determines that
the fee revenues are still not consistent with this section, the
authority to collect the fee by that county shall be suspended for
one year.
   (2) If the Controller determines that a county has not submitted a
fiscal yearend report as required in subdivision (g), the
authorization to collect the service fee shall be suspended for one
year pursuant to subdivision (h).
   (3) When the Controller determines that a fee shall be suspended
for a county, the Controller shall inform the Department of Motor
Vehicles on or before January 1, 2006, and on or before January 1
annually thereafter, that the authority to collect a fee for that
county is suspended.
   (j) The Department of the California Highway Patrol, in
consultation with all participating county designated regional
coordinators, shall review the effectiveness of reducing vehicle
theft crimes that were funded by the fees imposed by this section.
The Department of the California Highway Patrol shall provide a
report based on that review and, on or before January 1, 2009, shall
submit that report to the Legislature.
   (k) For the purposes of this section, a county designated regional
coordinator is that agency designated by the participating county's
board of supervisors as the agency in control of its countywide
vehicle theft apprehension program.
   (l) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted statute
that is enacted on or before January 1, 2018, deletes or extends
that date.
  SEC. 178.  Section 9250.19 of the Vehicle Code is amended to read:
   9250.19.  (a) (1) In addition to any other fees specified in this
code and the Revenue and Taxation Code, upon the adoption of a
resolution pursuant to this subdivision by any county board of
supervisors, a fee of one dollar ($1) shall be paid at the time of
registration, renewal, or supplemental application for apportioned
registration pursuant to Article 4 (commencing with Section 8050) of
Chapter 4 of every vehicle, except vehicles described in subdivision
(a) of Section 5014.1, registered to an address within that county
except those expressly exempted from payment of registration fees.
The fees, after deduction of the administrative costs incurred by the
department in carrying out this section, shall be paid quarterly to
the Controller.
   (2) In addition to the one-dollar ($1) service fee, and upon the
implementation of the permanent trailer identification plate program,
and as part of the Commercial Vehicle Registration Act of 2001, all
commercial motor vehicles subject to Section 9400.1 registered to an
owner with an address in the county that established a service
authority under this section, shall pay an additional service fee of
two dollars ($2).
   (3) A resolution adopted pursuant to paragraph (1) shall include
findings as to the purpose of, and the need for, imposing the
additional registration fee.
   (b) Notwithstanding Section 13340 of the Government Code, the
money paid to the Controller pursuant to subdivision (a) is
continuously appropriated, without regard to fiscal years, for
disbursement by the Controller to each county that has adopted a
resolution pursuant to subdivision (a), based upon the number of
vehicles registered, or whose registration is renewed, to an address
within that county, or supplemental application for apportioned
registration, and for the administrative costs of the Controller
incurred under this section.
   (c) Money allocated to a county pursuant to subdivision (b) shall
be expended exclusively to fund programs that enhance the capacity of
local law enforcement to provide automated mobile and fixed location
fingerprint identification of individuals who may be involved in
driving under the influence of alcohol or drugs in violation of
Section 23152 or 23153, or vehicular manslaughter in violation of
Section 191.5 of the Penal Code or subdivision (c) of Section 192 of
the Penal Code, or any combination of those and other vehicle-related
crimes, and other crimes committed while operating a motor vehicle.
   (d) The data from a program funded pursuant to subdivision (c)
shall be made available by the local law enforcement agency to a
local public agency that is required by law to obtain a criminal
history background of persons as a condition of employment with that
local public agency. A local law enforcement agency that provides the
data may charge a fee to cover its actual costs in providing that
data.
   (e) (1) Money collected pursuant to this section shall not be used
to offset a reduction in any other source of funds for the purposes
authorized under this section.
   (2) Funds collected pursuant to this section, upon recommendation
of local or regional Remote Access Network Boards to the board of
supervisors, shall be used exclusively for the purchase, by
competitive bidding procedures, and the operation of equipment that
is compatible with the Department of Justice's Cal-ID master plan, as
described in Section 11112.2 of the Penal Code, and the equipment
shall interface in a manner that is in compliance with the
requirement described in the Criminal Justice Information Services,
Electronic Fingerprint Transmission Specification, prepared by the
Federal Bureau of Investigation and dated August 24, 1995.
   (f) Every county that has authorized the collection of the fee
pursuant to subdivision (a) shall issue a fiscal yearend report to
the Controller on or before November 1 of each year, summarizing all
of the following with respect to those fees:
   (1) The total revenues received by the county for the fiscal year.

   (2) The total expenditures and encumbered funds by the county for
the fiscal year. For purposes of this subdivision, "encumbered funds"
means funding that is scheduled to be spent pursuant to a determined
schedule and for an identified purchase consistent with this
section.
   (3) Any unexpended or unencumbered fee revenues for the county for
the fiscal year.
   (4) The estimated annual cost of the purchase, operation, and
maintenance of automated mobile and fixed location fingerprint
equipment, related infrastructure, law enforcement enhancement
programs, and personnel created or utilized in accordance with this
section for the fiscal year. The listing shall detail the make and
model number of the equipment, and include a succinct description of
the related infrastructure items, law enforcement enhancement
programs, and the classification or title of any personnel.
   (5) How the use of the funds benefits the motoring public.
   (g) For each county that fails to submit the report required
pursuant to subdivision (f) by November 1 of each year, the
Controller shall notify the Department of Motor Vehicles to suspend
the fee for that county imposed pursuant to subdivision (a) for one
year.
   (h) If any funds received by a county pursuant to subdivision (a)
are not expended or encumbered in accordance with this section by the
close of the fiscal year in which the funds were received, the
Controller shall notify the Department of Motor Vehicles to suspend
the fee for that county imposed pursuant to subdivision (a) for one
year. For purposes of this subdivision, "encumbered funds" means
funding that is scheduled to be spent pursuant to a determined
schedule and for an identified purchase consistent with this section.

  SEC. 179.  Section 138.9 of the Water Code is repealed.
  SEC. 180.  Section 162 of the Water Code is amended to read:
   162.  It is the intention of the Legislature that in the making of
all major departmental determinations, policies and procedures, such
as departmental recommendations to the Legislature, the director and
the California Water Commission shall be in agreement whenever
possible; but for the purpose of fixing responsibility to the
Governor and to the Legislature, in the event of disagreement between
the director and the commission upon such matters, the views of the
director shall prevail.
  SEC. 181.  Section 1228.2 of the Water Code is amended to read:
   1228.2.  (a) (1) Subject to subdivision (b), any person may obtain
a right to appropriate water for a small domestic, small irrigation,
or livestock stockpond use upon first registering the use with the
board and thereafter applying the water to reasonable and beneficial
use with due diligence.
             (2) With regard to an appropriation for small domestic
use, a registration shall not be filed for a facility served by or
used pursuant to a permit or license for domestic or municipal use,
and not more than one small domestic use registration shall be in
effect at any time for any facility.
   (3) With regard to an appropriation for small irrigation use, more
than one registration may be in effect at any time for a registrant
if the diversion or storage facilities subject to registration for a
registrant do not exceed the ratio of one per 20 irrigated acres, and
if the total water use on all acreage covered by the registrations,
including any water use based on other rights, does not exceed 100
acre-feet per annum.
   (4) A small domestic use registration and a small irrigation use
registration may be in effect for the same facility only if the total
combined water use covered by the registrations does not exceed 20
acre-feet per annum.
   (5) With regard to an appropriation for livestock stockpond use,
more than one registration may be in effect at any time for a
registrant if stockponds subject to registration for that registrant
do not exceed the ratio of one per 50 acres.
   (b) Initiation of rights to appropriate water pursuant to this
article shall be subject to Article 1.3 (commencing with Section
1205), relating to fully appropriated stream systems. The board shall
not accept any registration of water use which proposes as a source
of water supply any stream system which has been unconditionally
declared by the board to be fully appropriated pursuant to Section
1205, except that subdivision (b) of Section 1206, relating to
conditional declarations of fully appropriated stream systems, shall
apply to registration of water use pursuant to this article, and the
board shall accept those registrations where consistent with the
conditions specified in any such declaration.
   (c) On or before June 30, 1989, and annually thereafter, the
Division of Water Rights shall prepare and post on its Internet Web
site information summarizing the location, nature, and amount of
water appropriated pursuant to this article. The information shall
include a description of the availability of unappropriated water in
those stream systems which may become fully appropriated within the
next reporting period.
   (d) If a registration is filed with a source of supply on a stream
system that the most recent report submitted under subdivision (c)
identifies as a stream system that may become fully appropriated
within the next reporting period, the registration shall not take
effect unless the board finds that unappropriated water is available
for the appropriation proposed by the registration. If the board
finds that unappropriated water is not available to supply the
proposed appropriation, the board shall, following notice and
hearing, determine whether that stream system should be declared
fully appropriated pursuant to Article 1.3 (commencing with Section
1205).
  SEC. 182.  Section 13369 of the Water Code is amended to read:
   13369.  (a) The state board, in consultation with the regional
boards, the California Coastal Commission, and other appropriate
state agencies and advisory groups, as necessary, shall prepare a
detailed program for the purpose of implementing the state's nonpoint
source management plan. The board shall address all applicable
provisions of the Clean Water Act, including Section 319 (33 U.S.C.
Sec. 1329), as well as Section 6217 of the federal Coastal Zone Act
Reauthorization Amendments of 1990 (16 U.S.C. Sec. 1455b), and this
division in the preparation of this detailed implementation program.
   (b) (1) The program shall include all of the following components:

   (A) Nonregulatory implementation of best management practices.
   (B) Regulatory-based incentives for best management practices.
   (C) The adoption and enforcement of waste discharge requirements
that will require the implementation of best management practices.
   (2) In connection with its duties under this subdivision to
prepare and implement the state's nonpoint source management plan,
the state board shall develop, on or before February 1, 2001,
guidance to be used by the state board and the regional boards for
the purpose of describing the process by which the state board and
the regional boards will enforce the state's nonpoint source
management plan, pursuant to this division.
  SEC. 183.  Section 13396.9 of the Water Code is amended to read:
   13396.9.  (a) The California Coastal Commission and the Los
Angeles Regional Water Quality Control Board shall establish and
participate in the multiagency Los Angeles Basin Contaminated
Sediments Task Force, in cooperation with all interested parties,
including, but not limited to, the United States Environmental
Protection Agency, the United States Army Corps of Engineers, the
Port of Long Beach, and the Port of Los Angeles.
   (b) (1) On or before January 1, 2005, the California Coastal
Commission shall, based upon the recommendations of the task force,
develop a long-term management plan for the dredging and disposal of
contaminated sediments in the coastal waters adjacent to the County
of Los Angeles. The plan shall include identifiable goals for the
purpose of minimizing impacts to water quality, fish, and wildlife
through the management of sediments. The plan shall include measures
to identify environmentally preferable, practicable disposal
alternatives, promote multiuse disposal facilities and beneficial
reuse, and support efforts for watershed management to control
contaminants at their source.
   (2) The California Coastal Commission and the Los Angeles Regional
Water Quality Control Board shall seek to enter into an agreement
with the United States Environmental Protection Agency and the United
States Army Corps of Engineers for those federal agencies to
participate in the preparation of the long-term management plan.
   (c) The California Coastal Commission and the Los Angeles Regional
Water Quality Control Board, in cooperation with the task force,
shall conduct not less than one annual public workshop to review the
status of the plan and to promote public participation.
  SEC. 184.  Section 78684.13 of the Water Code is repealed.
  SEC. 185.  Section 79083 of the Water Code is amended to read:
   79083.  A grant recipient shall submit to the board a report upon
the completion of the project or activity funded under this article.
The report shall summarize the completed project and identify
additional steps necessary to achieve the purposes of the local
watershed management plan. The board shall make the report available
to interested federal, state, and local agencies and other interested
parties.
  SEC. 186.  Section 79555 of the Water Code is amended to read:
   79555.  For the 2004-05 fiscal year, and each fiscal year
thereafter, not less than 50 percent of the funds made available
pursuant to subdivision (d) of Section 79550 for acquisition of water
for the CALFED environmental water account shall be expended for
long-term water purchase contracts, permanent water rights, and
associated costs.
  SEC. 187.  Chapter 4 (commencing with Section 80250) of Division 27
of the Water Code is repealed.
  SEC. 188.  Section 1760.8 of the Welfare and Institutions Code is
amended to read:
   1760.8.  (a) The Department of the Youth Authority shall annually
develop a population management and facilities master plan presenting
projected population and strategies for treatment and housing of
wards for the succeeding five-year period. This plan shall set forth
the department's strategy for bridging the gap between available
bedspace and the projected ward population.
   (b) The Department of the Youth Authority may contract with the
Department of Corrections or the Office of Project Development and
Management within the Department of General Services for professional
and construction services related to the construction of facilities
or renovation projects included in the Department of the Youth
Authority's 1994-99 master plan for which funds are appropriated by
the Legislature. The Department of the Youth Authority shall be
responsible for program planning and all design decisions. The
Department of Corrections or the Department of General Services
shall, in consultation with the Department of the Youth Authority,
ensure that all facilities are designed and constructed specifically
for the needs of the youthful offender population. The Department of
the Youth Authority also shall ensure that the design and
construction of any facilities are consistent with the mission of the
Department of the Youth Authority, which emphasizes the protection
of the public from criminal activity and the rehabilitation of
youthful offenders by providing education, training, and treatment
services for those offenders committed by the courts. Any power,
function, or jurisdiction for planning, design, and construction of
facilities or renovation projects pursuant to the 1994-99 master plan
that is conferred upon the Department of General Services shall be
deemed to be conferred upon the Department of Corrections for
purposes of this section. The Director of the Department of General
Services may, upon the request of the Director of the Department of
Corrections, delegate to the Department of Corrections any power,
function, or jurisdiction for planning, design, and construction of
any additional projects included within subsequent Department of the
Youth Authority master plans.
  SEC. 189.  Section 4024 of the Welfare and Institutions Code is
amended to read:
   4024.  The State Department of State Hospitals proposed
allocations for level-of-care staffing in state hospitals that serve
persons with mental disabilities shall be submitted to the Department
of Finance for review and approval in July and again on a quarterly
basis. Each quarterly report shall include an analysis of client
characteristics of admissions and discharges in addition to
information on any changes in characteristics of current residents.
   The State Department of State Hospitals shall submit by January 1
and May 1 to the Department of Finance for its approval: (a) all
assumptions underlying estimates of state hospital mentally disabled
population; and (b) a comparison of the actual and estimated
population levels for the year to date. If the actual population
differs from the estimated population by 50 or more, the department
shall include in its reports an analysis of the causes of the change
and the fiscal impact. The Department of Finance shall approve or
modify the assumptions underlying all population estimates within 15
working days of their submission. If the Department of Finance does
not approve or modify the assumptions by that date, the assumptions,
as presented by the submitting department, shall be deemed to be
accepted by the Department of Finance as of that date.
  SEC. 190.  Section 6601 of the Welfare and Institutions Code, as
amended by Section 139 of Chapter 24 of the Statutes of 2012, is
amended to read:
   6601.  (a) (1) Whenever the Secretary of the Department of
Corrections and Rehabilitation determines that an individual who is
in custody under the jurisdiction of the Department of Corrections
and Rehabilitation, and who is either serving a determinate prison
sentence or whose parole has been revoked, may be a sexually violent
predator, the secretary shall, at least six months prior to that
individual's scheduled date for release from prison, refer the person
for evaluation in accordance with this section. However, if the
inmate was received by the department with less than nine months of
his or her sentence to serve, or if the inmate's release date is
modified by judicial or administrative action, the secretary may
refer the person for evaluation in accordance with this section at a
date that is less than six months prior to the inmate's scheduled
release date.
   (2) A petition may be filed under this section if the individual
was in custody pursuant to his or her determinate prison term, parole
revocation term, or a hold placed pursuant to Section 6601.3, at the
time the petition is filed. A petition shall not be dismissed on the
basis of a later judicial or administrative determination that the
individual's custody was unlawful, if the unlawful custody was the
result of a good faith mistake of fact or law. This paragraph shall
apply to any petition filed on or after January 1, 1996.
   (b) The person shall be screened by the Department of Corrections
and Rehabilitation and the Board of Parole Hearings based on whether
the person has committed a sexually violent predatory offense and on
a review of the person's social, criminal, and institutional history.
This screening shall be conducted in accordance with a structured
screening instrument developed and updated by the State Department of
State Hospitals in consultation with the Department of Corrections
and Rehabilitation. If as a result of this screening it is determined
that the person is likely to be a sexually violent predator, the
Department of Corrections and Rehabilitation shall refer the person
to the State Department of State Hospitals for a full evaluation of
whether the person meets the criteria in Section 6600.
   (c) The State Department of State Hospitals shall evaluate the
person in accordance with a standardized assessment protocol,
developed and updated by the State Department of State Hospitals, to
determine whether the person is a sexually violent predator as
defined in this article. The standardized assessment protocol shall
require assessment of diagnosable mental disorders, as well as
various factors known to be associated with the risk of reoffense
among sex offenders. Risk factors to be considered shall include
criminal and psychosexual history, type, degree, and duration of
sexual deviance, and severity of mental disorder.
   (d) Pursuant to subdivision (c), the person shall be evaluated by
two practicing psychiatrists or psychologists, or one practicing
psychiatrist and one practicing psychologist, designated by the
Director of State Hospitals, one or both of whom may be independent
professionals as defined in subdivision (g). If both evaluators
concur that the person has a diagnosed mental disorder so that he or
she is likely to engage in acts of sexual violence without
appropriate treatment and custody, the Director of State Hospitals
shall forward a request for a petition for commitment under Section
6602 to the county designated in subdivision (i). Copies of the
evaluation reports and any other supporting documents shall be made
available to the attorney designated by the county pursuant to
subdivision (i) who may file a petition for commitment.
   (e) If one of the professionals performing the evaluation pursuant
to subdivision (d) does not concur that the person meets the
criteria specified in subdivision (d), but the other professional
concludes that the person meets those criteria, the Director of State
Hospitals shall arrange for further examination of the person by two
independent professionals selected in accordance with subdivision
(g).
   (f) If an examination by independent professionals pursuant to
subdivision (e) is conducted, a petition to request commitment under
this article shall only be filed if both independent professionals
who evaluate the person pursuant to subdivision (e) concur that the
person meets the criteria for commitment specified in subdivision
(d). The professionals selected to evaluate the person pursuant to
subdivision (g) shall inform the person that the purpose of their
examination is not treatment but to determine if the person meets
certain criteria to be involuntarily committed pursuant to this
article. It is not required that the person appreciate or understand
that information.
   (g) Any independent professional who is designated by the
Secretary of the Department of Corrections and Rehabilitation or the
Director of State Hospitals for purposes of this section shall not be
a state government employee, shall have at least five years of
experience in the diagnosis and treatment of mental disorders, and
shall include psychiatrists and licensed psychologists who have a
doctoral degree in psychology. The requirements set forth in this
section also shall apply to any professionals appointed by the court
to evaluate the person for purposes of any other proceedings under
this article.
   (h) If the State Department of State Hospitals determines that the
person is a sexually violent predator as defined in this article,
the Director of State Hospitals shall forward a request for a
petition to be filed for commitment under this article to the county
designated in subdivision (i). Copies of the evaluation reports and
any other supporting documents shall be made available to the
attorney designated by the county pursuant to subdivision (i) who may
file a petition for commitment in the superior court.
   (i) If the county's designated counsel concurs with the
recommendation, a petition for commitment shall be filed in the
superior court of the county in which the person was convicted of the
offense for which he or she was committed to the jurisdiction of the
Department of Corrections and Rehabilitation. The petition shall be
filed, and the proceedings shall be handled, by either the district
attorney or the county counsel of that county. The county board of
supervisors shall designate either the district attorney or the
county counsel to assume responsibility for proceedings under this
article.
   (j) The time limits set forth in this section shall not apply
during the first year that this article is operative.
   (k) An order issued by a judge pursuant to Section 6601.5, finding
that the petition, on its face, supports a finding of probable cause
to believe that the individual named in the petition is likely to
engage in sexually violent predatory criminal behavior upon his or
her release, shall toll that person's parole pursuant to paragraph
(4) of subdivision (a) of Section 3000 of the Penal Code, if that
individual is determined to be a sexually violent predator.
   (l) Pursuant to subdivision (d), the attorney designated by the
county pursuant to subdivision (i) shall notify the State Department
of State Hospitals of its decision regarding the filing of a petition
for commitment within 15 days of making that decision.
   (m) (1) On or before January 2, 2010, the department shall report
to the Legislature on all of the following:
   (A) The costs to the department for the sexual offender commitment
program attributable to the provisions in Proposition 83 of the
November 2006 general election, otherwise known as Jessica's Law.
   (B) The number and proportion of inmates evaluated by the
department for commitment to the program as a result of the expanded
evaluation and commitment criteria in Jessica's Law.
   (C) The number and proportion of those inmates who have actually
been committed for treatment in the program.
   (2) This section shall remain in effect and be repealed on the
date that the director executes a declaration, which shall be
provided to the fiscal and policy committees of the Legislature,
including the Chairperson of the Joint Legislative Budget Committee,
and the Department of Finance, specifying that sufficient qualified
state employees have been hired to conduct the evaluations required
pursuant to subdivision (d), or January 1, 2013, whichever occurs
first.
  SEC. 191.  Section 10605.2 of the Welfare and Institutions Code is
amended to read:
   10605.2.  If the director believes that a county probation
department is substantially failing to comply with any provision of
this code or any regulation pertaining to the placement activities
required to be performed by the probation department to ensure that
the needs of wards in placements whose board and care is funded
through the Aid to Families with Dependent Children-Foster Care
program are met, and the director determines that formal action may
be necessary to secure compliance, he or she shall inform the chief
probation officer, the presiding judge of the juvenile court, and the
board of supervisors of that failure. The notice to the chief
probation officer, the presiding judge of the juvenile court, and
board of supervisors shall be in writing and shall allow the county
probation department a specified period of time, not less than 30
days, to correct its failure to comply with the law or regulations.
If within the specified period the county probation department does
not comply or provide reasonable assurances in writing that it will
comply within the additional time as the director may allow, the
director may take one or both of the following actions:
   (a) Bring an action for injunctive relief to secure immediate
compliance.
   Any county probation department that is found to be failing in a
substantial manner to comply with the law or regulations pertaining
to placement activities required to be performed by the probation
department to ensure that the needs of wards in placement whose board
and care is funded through the Aid to Families with Dependent
Children-Foster Care program are met, may be enjoined by any court of
competent jurisdiction. The court may make orders or judgments as
may be necessary to secure county probation department compliance.
   (b) Order the county probation department to appear at a hearing
before the director to show cause why the director should not take
administrative action to secure compliance. The hearing shall be
conducted pursuant to the rules and regulations of the department.
   If the director determines, based on the record established at the
hearing, that the county probation department is failing to comply
with the provisions of this code or the regulations pertaining to the
placement activities required to be performed by the probation
department to ensure that the needs of wards in placement funded
through the Aid to Families with Dependent Children-Foster Care
program are met, or if the State Personnel Board certifies to the
director that a county probation department is not in conformity with
established merit system standards under Part 2.5 (commencing with
Section 19800) of Division 5 of Title 2 of the Government Code, and
that administrative sanctions are necessary to secure compliance, the
director may invoke either of the following sanctions:
   (1) Withhold all or part of state and federal funds from the
county probation department until the county probation department
demonstrates to the director that it has complied.
   (2) Assume, temporarily, direct responsibility for fulfilling the
placement activities required by law and regulations to ensure that
the needs of the wards in placement funded through the Aid to
Families with Dependent Children-Foster Care program are met, until
the time as the county probation department provides reasonable
assurances to the director of its intention and ability to comply.
During the period of direct state administrative responsibility, the
director or his or her authorized representative shall have all of
the powers and responsibilities of the chief probation officer with
regard to placement requirements for wards whose board and care is
funded through the Aid to Families with Dependent Children-Foster
Care program, except that he or she shall not be subject to the
authority of the board of supervisors.
   In the event that the director invokes sanctions pursuant to this
section, the county probation department shall be responsible for
providing any funds as may be necessary for the continued fulfillment
of placement activities as required by law and regulation for the
placement of wards whose board and care is funded through the Aid to
Families with Dependent Children-Foster Care program administered on
behalf of the department in the county probation department. If a
county probation department fails or refuses to provide these funds,
including a sufficient amount to reimburse any and all costs incurred
by the department in performing the activities required for the
placement of wards whose board and care is funded through the Aid to
Families with Dependent Children-Foster Care program in the county
probation department, the Controller may deduct an amount certified
by the director as necessary for the continued operation of these
programs by the department from any state or federal funds payable to
the county probation department for any purpose.
   Nothing in this section shall be construed as preventing a county
probation department from seeking judicial review under Section
1094.5 of the Code of Civil Procedure of any final decision of the
director made after a hearing conducted under this section. This
review shall be the exclusive remedy available to the county
probation department for review of the director's decision.
   Nothing in this section shall be construed as preventing the
director from bringing an action for writ of mandamus or any other
action in court as may be appropriate to ensure that there is no
interruption in the provision of benefits to any person eligible
therefor under the provisions of this code or the regulations of the
department.
  SEC. 192.  Section 10614.5 of the Welfare and Institutions Code is
amended to read:
   10614.5.  Upon the request of the Joint Legislative Budget
Committee, the Department of Finance shall post on its Internet Web
site data on monthly caseloads and expenditures for public social
services programs supervised by the State Department of Social
Services. In addition, this data shall be incorporated into and made
an integral part of the budget data system.
  SEC. 193.  Section 10791 of the Welfare and Institutions Code is
amended to read:
   10791.  The demonstration program provided for in Section 10790
shall, at a minimum, include the following elements:
   (a) Uniform 30 percent disregard from gross earned income and
waiver of the 100-hour limit on employment for AFDC-Unemployed
recipient eligibility.
   (b) Uniform definition of allowable child care disregards for
full- or part-time care.
   (c) It shall not be presumed that any transfer of property made
within three months prior to the time the application was made for
purposes of becoming eligible for CalFresh.
   (d) Exemption of personal loans as property where a reasonable
repayment plan is in place. A reasonable repayment plan shall be
defined as a statement from the lender specifying that the money
shall be paid back at a future point in time when the individual is
able to do so.
   (e) Use of standard shelter allowances based on local housing
prices without verification in lieu of verified shelter costs.

      (f) Exclusion from income financial aid and work study payments
that are computed based on need consistent with Section 11008.10.
   (g) Application of good cause determinations related to late
submission of monthly income reports for CalFresh recipients who also
receive AFDC benefits.
   (h) Qualification as categorically eligible for CalFresh any
individual who is apparently eligible for or has been granted AFDC
benefits.
   (i) Disregarding as income, for CalFresh, the first fifty dollars
($50) of child support received, as currently provided for under the
AFDC program, to the extent federal funding is available.
   (j) Uniform treatment of room and board income, consistent with
AFDC program regulations.
   (k) Requirement for signatures on monthly income reports,
consistent with AFDC program regulations.
   (  l  ) Standard deduction for expenses related to
self-employment income.
   (m) Both programs shall exempt one motor vehicle from property to
be considered in determining eligibility.
   (n) Both programs shall compute the value of any motor vehicle not
exempt from consideration in determining eligibility by subtracting
the amount of encumbrances from the fair market value. If an
applicant, a recipient, or a county does not agree with the value of
a vehicle arrived at through this methodology, the applicant or
recipient shall be entitled to the use of either of the following
methods for evaluating the motor vehicle:
   (1) Submit three appraisals. An appraisal may be made under this
paragraph by a car dealer, insurance adjuster, or a personal property
appraiser. The average of the three independent appraisals shall be
used by the county in evaluating the motor vehicle.
   (2) Obtain an appraisal from a county-appointed appraiser.
   (o) Adoption of an exclusion from income for both the AFDC and
CalFresh programs of one hundred dollars ($100) per quarter, in lieu
of the AFDC nonrecurring gift exclusion and the federal Supplemental
Nutrition Assistance Program irregular or infrequent income
exclusion.
   (p) Standardization of county retention percentages for collection
of erroneous payments.
   (q) Upon receipt of federal approval of this demonstration project
the department, in consultation with the Department of Finance, may
delay implementation of any elements determined to be not cost
effective until funds are appropriated by the Legislature.
  SEC. 194.  Section 11265.5 of the Welfare and Institutions Code is
amended to read:
   11265.5.  (a) (1) The department may, subject to the requirements
of federal regulations and Section 18204, conduct three pilot
projects, to be located in the Counties of Los Angeles, Merced, and
Santa Clara, upon approval of the department and the participating
counties. The pilot projects shall test the reporting systems
described in subparagraphs (A), (B), and (C) of paragraph (4).
   (2) (A) The pilot project conducted in Los Angeles County shall
test one or both reporting systems described in subparagraphs (A) and
(B) of paragraph (4). The pilot project population for each test
shall be limited to 10,000 cases.
   (B) The pilot projects in the other counties shall test one of the
reporting systems described in subparagraph (A) or (C) of paragraph
(4) and shall be limited to 2,000 cases per project.
   (3) (A) The pilot projects shall be designed and conducted
according to standard scientific principles, and shall be in effect
for a period of 24 months.
   (B) The projects may be extended an additional year upon the
approval of the department.
   (C) The projects shall be designed to compare the monthly
reporting system with alternatives described in paragraph (4) as to
all of the following phenomena:
   (i) Administrative savings resulting from reduced worker time
spent in reviewing monthly reports.
   (ii) The amount of cash assistance paid to families.
   (iii) The rate of administrative errors in cases and payments.
   (iv) The incidence of underpayments and overpayments and the costs
to recipients and the administering agencies of making corrective
payments and collecting overpayments.
   (v) Rates at which recipients lose eligibility for brief periods
due to failure to submit a monthly report but file new applications
for aid and thereafter are returned to eligible status.
   (vi) Cumulative benefits and costs to each level of government and
to aid recipients resulting from each reporting system.
   (vii) The incidence of, and ability to, prosecute fraud.
   (viii) Ease of use by clients.
   (ix) Case errors and potential sanction costs associated with
those errors.
   (4) The pilot projects shall adopt reporting systems providing for
one or more of the following:
   (A) A reporting system that requires families with no income or
whose only income is comprised of old age, survivors, or disability
insurance benefits administered pursuant to Subchapter 2 (commencing
with Section 401) of Chapter 7 of Title 42 of the United States Code,
and with no recent work history to report changes in circumstances
that affect eligibility and grant amount as changes occur. These
changes shall be reported directly to the county welfare department
in person, in writing, or by telephone. In all cases in which monthly
reporting is not required, a form advising recipients of what
changes must be reported, and how they may be reported shall be
provided to recipients of aid along with benefit payments each month.

   (B) A reporting system that permits families with no income or
whose only income is comprised of old age, survivors, or disability
insurance benefits administered pursuant to Subchapter 2 (commencing
with Section 401) of Chapter 7 of Title 42 of the United States Code,
and with no changes in eligibility criteria, to report
electronically monthly, using either an audio response or the
CalFresh online issuance and recording system, or a combination of
both. Adequate instruction and training shall be provided to county
welfare department staff and to recipients who choose to use this
system prior to its implementation.
   (C) A reporting system that requires all families to report
changes in circumstances that affect eligibility and grant amount as
changes occur. The changes shall be reported directly to the county
welfare department in person, in writing, or by telephone. In all
cases in which monthly reporting is not required, a form advising
recipients of what changes must be reported, and how they may be
reported, shall be provided to recipients of aid along with benefit
payments each month.
   (b) (1) The participating counties shall be responsible for
preparing federal demonstration project proposals, to be submitted by
the department, upon the department's review and approval of the
proposals, to the federal agency on the counties' behalf. The
development, operation, and evaluation of the pilot projects shall
not result in an increase in the state allocation of county
administrative funds.
   (1.5) Each pilot county shall prepare and submit quarterly
reports, annual reports, and a final report to the department.
   (2) Each quarterly report shall be submitted no later than 30
calendar days after the end of the quarter.
   (3) Each annual report shall be submitted no later than 45 days
after the end of the year.
   (4) (A) Each pilot county shall submit a final report not later
than 90 days following completion of the pilot projects required by
this section.
   (B) (i) As part of the final report, the pilot counties shall
prepare and submit evaluations of the pilot projects to the
department.
   (ii) Each evaluation shall include, but not be limited to, an
analysis of the factors set forth in paragraph (3) of subdivision (a)
compared to each other and the current reporting systems in both the
AFDC program and CalFresh. The final evaluations shall be prepared
by an independent consultant or consultants contracted with for that
purpose prior to the commencement of the projects.
   (c) The department may terminate any or all of the pilot projects
implemented pursuant to this section after a period of six months of
operation if one or more of the pilot counties submits data to the
department, or information is otherwise received, indicating that the
pilot project or projects are not costeffective or adversely impact
recipients or county or state operations based on the factors set
forth in subparagraph (C) of paragraph (3) of subdivision (a).
   (d) The pilot projects shall be implemented only upon receipt of
the appropriate federal waivers.
  SEC. 195.  Section 11462 of the Welfare and Institutions Code is
amended to read:
   11462.  (a) (1) Effective July 1, 1990, foster care providers
licensed as group homes, as defined in departmental regulations,
including public child care institutions, as defined in Section
11402.5, shall have rates established by classifying each group home
program and applying the standardized schedule of rates. The
department shall collect information from group providers beginning
January 1, 1990, in order to classify each group home program.
   (2) Notwithstanding paragraph (1), foster care providers licensed
as group homes shall have rates established only if the group home is
organized and operated on a nonprofit basis as required under
subdivision (h) of Section 11400. The department shall terminate the
rate effective January 1, 1993, of any group home not organized and
operated on a nonprofit basis as required under subdivision (h) of
Section 11400.
   (3) (A) The department shall determine, consistent with the
requirements of this chapter and other relevant requirements under
law, the rate classification level (RCL) for each group home program
on a biennial basis. Submission of the biennial rate application
shall be made according to a schedule determined by the department.
   (B) The department shall adopt regulations to implement this
paragraph. The adoption, amendment, repeal, or readoption of a
regulation authorized by this paragraph is deemed to be necessary for
the immediate preservation of the public peace, health and safety,
or general welfare, for purposes of Sections 11346.1 and 11349.6 of
the Government Code, and the department is hereby exempted from the
requirement to describe specific facts showing the need for immediate
action.
   (b) A group home program shall be initially classified, for
purposes of emergency regulations, according to the level of care and
services to be provided using a point system developed by the
department and described in the report, "The Classification of Group
Home Programs under the Standardized Schedule of Rates System,"
prepared by the State Department of Social Services, August 30, 1989.

   (c) The rate for each RCL has been determined by the department
with data from the AFDC-FC Group Home Rate Classification Pilot
Study. The rates effective July 1, 1990, were developed using 1985
calendar year costs and reflect adjustments to the costs for each
fiscal year, starting with the 1986-87 fiscal year, by the amount of
the California Necessities Index computed pursuant to the methodology
described in Section 11453. The data obtained by the department
using 1985 calendar year costs shall be updated and revised by
January 1, 1993.
   (d) As used in this section, "standardized schedule of rates"
means a listing of the 14 rate classification levels, and the single
rate established for each RCL.
   (e) Except as specified in paragraph (1), the department shall
determine the RCL for each group home program on a prospective basis,
according to the level of care and services that the group home
operator projects will be provided during the period of time for
which the rate is being established.
   (1) (A) For new and existing providers requesting the
establishment of an RCL, and for existing group home programs
requesting an RCL increase, the department shall determine the RCL no
later than 13 months after the effective date of the provisional
rate. The determination of the RCL shall be based on a program audit
of documentation and other information that verifies the level of
care and supervision provided by the group home program during a
period of the two full calendar months or 60 consecutive days,
whichever is longer, preceding the date of the program audit, unless
the group home program requests a lower RCL. The program audit shall
not cover the first six months of operation under the provisional
rate. Pending the department's issuance of the program audit report
that determines the RCL for the group home program, the group home
program shall be eligible to receive a provisional rate that shall be
based on the level of care and service that the group home program
proposes it will provide. The group home program shall be eligible to
receive only the RCL determined by the department during the
pendency of any appeal of the department's RCL determination.
   (B) A group home program may apply for an increase in its RCL no
earlier than two years from the date the department has determined
the group home program's rate, unless the host county, the primary
placing county, or a regional consortium of counties submits to the
department in writing that the program is needed in that county, that
the provider is capable of effectively and efficiently operating the
proposed program, and that the provider is willing and able to
accept AFDC-FC children for placement who are determined by the
placing agency to need the level of care and services that will be
provided by the program.
   (C) To ensure efficient administration of the department's audit
responsibilities, and to avoid the fraudulent creation of records,
group home programs shall make records that are relevant to the RCL
determination available to the department in a timely manner. Except
as provided in this section, the department may refuse to consider,
for purposes of determining the rate, any documents that are relevant
to the determination of the RCL that are not made available by the
group home provider by the date the group home provider requests a
hearing on the department's RCL determination. The department may
refuse to consider, for purposes of determining the rate, the
following records, unless the group home provider makes the records
available to the department during the fieldwork portion of the
department's program audit:
   (i) Records of each employee's full name, home address,
occupation, and social security number.
   (ii) Time records showing when the employee begins and ends each
work period, meal periods, split shift intervals, and total daily
hours worked.
   (iii) Total wages paid each payroll period.
   (iv) Records required to be maintained by licensed group home
providers under Title 22 of the California Code of Regulations that
are relevant to the RCL determination.
   (D) To minimize financial abuse in the startup of group home
programs, when the department's RCL determination is more than three
levels lower than the RCL level proposed by the group home provider,
and the group home provider does not appeal the department's RCL
determination, the department shall terminate the rate of a group
home program 45 days after issuance of its program audit report. When
the group home provider requests a hearing on the department's RCL
determination, and the RCL determined by the director under
subparagraph (E) is more than three levels lower than the RCL level
proposed by the group home provider, the department shall terminate
the rate of a group home program within 30 days of issuance of the
director's decision. Notwithstanding the reapplication provisions in
subparagraph (B), the department shall deny any request for a new or
increased RCL from a group home provider whose RCL is terminated
pursuant to this subparagraph, for a period of no greater than two
years from the effective date of the RCL termination.
   (E) A group home provider may request a hearing of the department'
s RCL determination under subparagraph (A) no later than 30 days
after the date the department issues its RCL determination. The
department's RCL determination shall be final if the group home
provider does not request a hearing within the prescribed time.
Within 60 days of receipt of the request for hearing, the department
shall conduct a hearing on the RCL determination. The standard of
proof shall be the preponderance of the evidence and the burden of
proof shall be on the department. The hearing officer shall issue the
proposed decision within 45 days of the close of the evidentiary
record. The director shall adopt, reject, or modify the proposed
decision, or refer the matter back to the hearing officer for
additional evidence or findings within 100 days of issuance of the
proposed decision. If the director takes no action on the proposed
decision within the prescribed time, the proposed decision shall take
effect by operation of law.
   (2) Group home programs that fail to maintain at least the level
of care and services associated with the RCL upon which their rate
was established shall inform the department. The department shall
develop regulations specifying procedures to be applied when a group
home fails to maintain the level of services projected, including,
but not limited to, rate reduction and recovery of overpayments.
   (3) The department shall not reduce the rate, establish an
overpayment, or take other actions pursuant to paragraph (2) for any
period that a group home program maintains the level of care and
services associated with the RCL for children actually residing in
the facility. Determinations of levels of care and services shall be
made in the same way as modifications of overpayments are made
pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
   (4) A group home program that substantially changes its staffing
pattern from that reported in the group home program statement shall
provide notification of this change to all counties that have placed
children currently in care. This notification shall be provided
whether or not the RCL for the program may change as a result of the
change in staffing pattern.
   (f) (1) The standardized schedule of rates for the 2002-03,
2003-04, 2004-05, 2005-06, 2006-07, and 2007-08 fiscal years is:
                               FY 2002-03, 2003-
      Rate       Point Ranges         04,
                                 2004-05, 2005-
                                06, 2006-07, and
Classification                     2007-08
      Level                      Standard Rate
        1            Under 60        $1,454
        2              60- 89         1,835
        3              90-119         2,210
        4             120-149         2,589
        5             150-179         2,966
        6             180-209         3,344
        7             210-239         3,723
        8             240-269         4,102
        9             270-299         4,479
       10             300-329         4,858
       11             330-359         5,234
       12             360-389         5,613
       13             390-419         5,994
       14            420 & Up         6,371


   (2) (A) For group home programs that receive AFDC-FC payments for
services performed during the 2002-03, 2003-04, 2004-05, 2005-06,
2006-07, 2007-08, 2008-09, and 2009-10 fiscal years, the adjusted RCL
point ranges below shall be used for establishing the biennial rates
for existing programs, pursuant to paragraph (3) of subdivision (a)
and in performing program audits and in determining any resulting
rate reduction, overpayment assessment, or other actions pursuant to
paragraph (2) of subdivision (e):






        Rate             Adjusted Point Ranges
   Classification      for the 2002-03, 2003-04,
                       2004-05, 2005-06, 2006-07,
                     2007-08, 2008-09, and 2009-10
        Level                 Fiscal Years
          1                     Under 54
          2                      54- 81
          3                      82-110
          4                     111-138
          5                     139-167
          6                     168-195
          7                     196-224
          8                     225-253
          9                     254-281
         10                     282-310
         11                     311-338
         12                     339-367
         13                     368-395
         14                     396 & Up


   (B) Notwithstanding subparagraph (A), foster care providers
operating group homes during the 2002-03, 2003-04, 2004-05, 2005-06,
2006-07, 2007-08, 2008-09, and 2009-10 fiscal years shall remain
responsible for ensuring the health and safety of the children placed
in their programs in accordance with existing applicable provisions
of the Health and Safety Code and community care licensing
regulations, as contained in Title 22 of the Code of California
Regulations.
   (C) Subparagraph (A) shall not apply to program audits of group
home programs with provisional rates established pursuant to
paragraph (1) of subdivision (e). For those program audits, the RCL
point ranges in paragraph (1) shall be used.
   (D) Rates applicable for the 2009-10 fiscal year pursuant to the
act that adds this subparagraph shall be effective October 1, 2009.
   (3) (A) For group home programs that receive AFDC-FC payments for
services performed during the 2009-10 fiscal year the adjusted RCL
point ranges below shall be used for establishing the biennial rates
for existing programs, pursuant to paragraph (3) of subdivision (a)
and in performing program audits and in determining any resulting
rate reduction, overpayment assessment, or other actions pursuant to
paragraph (2) of subdivision (e):
         Rate             Adjusted Point Ranges
    Classification           for the 2009-10
         Level                Fiscal Years
           1                    Under 39
           2                      39-64
           3                      65-90
           4                      91-115
           5                     116-141
           6                     142-167
           7                     168-192
           8                     193-218
           9                     219-244
          10                     245-270
          11                     271-295
          12                     296-321
          13                     322-347
          14                  348 &       Up


   (B) Notwithstanding subparagraph (A), foster care providers
operating group homes during the 2009-10 fiscal year shall remain
responsible for ensuring the health and safety of the children placed
in their programs in accordance with existing applicable provisions
of the Health and Safety Code and community care licensing
regulations as contained in Title 22 of the California Code of
Regulations.
   (C) Subparagraph (A) shall not apply to program audits of group
home programs with provisional rates established pursuant to
paragraph (1) of subdivision (e). For those program audits, the RCL
point ranges in paragraph (1) shall be used.
   (g) (1) (A) For the 1999-2000 fiscal year, the standardized rate
for each RCL shall be adjusted by an amount equal to the California
Necessities Index computed pursuant to the methodology described in
Section 11453. The resultant amounts shall constitute the new
standardized schedule of rates, subject to further adjustment
pursuant to subparagraph (B).
   (B) In addition to the adjustment in subparagraph (A), commencing
January 1, 2000, the standardized rate for each RCL shall be
increased by 2.36 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new standardized schedule of
rates.
   (2) Beginning with the 2000-01 fiscal year, the standardized
schedule of rates shall be adjusted annually by an amount equal to
the CNI computed pursuant to Section 11453, subject to the
availability of funds. The resultant amounts shall constitute the new
standardized schedule of rates.
   (3) Effective January 1, 2001, the amount included in the standard
rate for each Rate Classification Level (RCL) for the salaries,
wages, and benefits for staff providing child care and supervision or
performing social work activities, or both, shall be increased by 10
percent. This additional funding shall be used by group home
programs solely to supplement staffing, salaries, wages, and benefit
levels of staff specified in this paragraph. The standard rate for
each RCL shall be recomputed using this adjusted amount and the
resultant rates shall constitute the new standardized schedule of
rates. The department may require a group home receiving this
additional funding to certify that the funding was utilized in
accordance with the provisions of this section.
   (4) Effective January 1, 2008, the amount included in the standard
rate for each RCL for the wages for staff providing child care and
supervision or performing social work activities, or both, shall be
increased by 5 percent, and the amount included for the payroll taxes
and other employer-paid benefits for these staff shall be increased
from 20.325 percent to 24 percent. The standard rate for each RCL
shall be recomputed using these adjusted amounts, and the resulting
rates shall constitute the new standardized schedule of rates.
   (5) The new standardized schedule of rates as provided for in
paragraph (4) shall be reduced by 10 percent, effective October 1,
2009, and the resulting rates shall constitute the new standardized
schedule of rates.
   (6) The rates of licensed group home providers, whose rates are
not established under the standardized schedule of rates, shall be
reduced by 10 percent, effective October 1, 2009.
   (h) The standardized schedule of rates pursuant to subdivisions
(f) and (g) shall be implemented as follows:
   (1) Any group home program that received an AFDC-FC rate in the
prior fiscal year at or above the standard rate for the RCL in the
current fiscal year shall continue to receive that rate.
   (2) Any group home program that received an AFDC-FC rate in the
prior fiscal year below the standard rate for the RCL in the current
fiscal year shall receive the RCL rate for the current year.
   (i) (1) The department shall not establish a rate for a new
program of a new or existing provider, or for an existing program at
a new location of an existing provider, unless the provider submits a
letter of recommendation from the host county, the primary placing
county, or a regional consortium of counties that includes all of the
following:
   (A) That the program is needed by that county.
   (B) That the provider is capable of effectively and efficiently
operating the program.
   (C) That the provider is willing and able to accept AFDC-FC
children for placement who are determined by the placing agency to
need the level of care                                            and
services that will be provided by the program.
   (D) That, if the letter of recommendation is not being issued by
the host county, the primary placing county has notified the host
county of its intention to issue the letter and the host county was
given the opportunity of 30 days to respond to this notification and
to discuss options with the primary placing county.
   (2) The department shall encourage the establishment of consortia
of county placing agencies on a regional basis for the purpose of
making decisions and recommendations about the need for, and use of,
group home programs and other foster care providers within the
regions.
   (3) The department shall annually conduct a county-by-county
survey to determine the unmet placement needs of children placed
pursuant to Section 300 and Section 601 or 602, and shall publish its
findings by November 1 of each year.
   (j) The department shall develop regulations specifying
ratesetting procedures for program expansions, reductions, or
modifications, including increases or decreases in licensed capacity,
or increases or decreases in level of care or services.
   (k) For the purpose of this subdivision, "program change" means
any alteration to an existing group home program planned by a
provider that will increase the RCL or AFDC-FC rate. An increase in
the licensed capacity or other alteration to an existing group home
program that does not increase the RCL or AFDC-FC rate shall not
constitute a program change.
   (l) General unrestricted or undesignated private charitable
donations and contributions made to charitable or nonprofit
organizations shall not be deducted from the cost of providing
services pursuant to this section. The donations and contributions
shall not be considered in any determination of maximum expenditures
made by the department.
  SEC. 196.  Section 14005.30 of the Welfare and Institutions Code is
amended to read:
   14005.30.  (a) (1) To the extent that federal financial
participation is available, Medi-Cal benefits under this chapter
shall be provided to individuals eligible for services under Section
1396u-1 of Title 42 of the United States Code, including any options
under Section 1396u-1(b)(2)(C) made available to and exercised by the
state.
   (2) The department shall exercise its option under Section 1396u-1
(b)(2)(C) of Title 42 of the United States Code to adopt less
restrictive income and resource eligibility standards and
methodologies to the extent necessary to allow all recipients of
benefits under Chapter 2 (commencing with Section 11200) to be
eligible for Medi-Cal under paragraph (1).
   (3) To the extent federal financial participation is available,
the department shall exercise its option under Section 1396u-1(b)(2)
(C) of Title 42 of the United States Code authorizing the state to
disregard all changes in income or assets of a beneficiary until the
next annual redetermination under Section 14012. The department shall
implement this paragraph only if, and to the extent that the State
Child Health Insurance Program waiver described in Section 12693.755
of the Insurance Code extending Healthy Families Program eligibility
to parents and certain other adults is approved and implemented.
   (b) To the extent that federal financial participation is
available, the department shall exercise its option under Section
1396u-1(b)(2)(C) of Title 42 of the United States Code as necessary
to expand eligibility for Medi-Cal under subdivision (a) by
establishing the amount of countable resources individuals or
families are allowed to retain at the same amount medically needy
individuals and families are allowed to retain, except that a family
of one shall be allowed to retain countable resources in the amount
of three thousand dollars ($3,000).
   (c) To the extent federal financial participation is available,
the department shall, commencing March 1, 2000, adopt an income
disregard for applicants equal to the difference between the income
standard under the program adopted pursuant to Section 1931(b) of the
federal Social Security Act (42 U.S.C. Sec. 1396u-1) and the amount
equal to 100 percent of the federal poverty level applicable to the
size of the family. A recipient shall be entitled to the same
disregard, but only to the extent it is more beneficial than, and is
substituted for, the earned income disregard available to recipients.

   (d) For purposes of calculating income under this section during
any calendar year, increases in social security benefit payments
under Title II of the federal Social Security Act (42 U.S.C. Sec. 401
and following) arising from cost-of-living adjustments shall be
disregarded commencing in the month that these social security
benefit payments are increased by the cost-of-living adjustment
through the month before the month in which a change in the federal
poverty level requires the department to modify the income disregard
pursuant to subdivision (c) and in which new income limits for the
program established by this section are adopted by the department.
   (e) Subdivision (b) shall be applied retroactively to January 1,
1998.
   (f) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department shall implement, without taking regulatory action,
subdivisions (a) and (b) of this section by means of an all county
letter or similar instruction. Thereafter, the department shall adopt
regulations in accordance with the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
  SEC. 197.  Section 14021.31 of the Welfare and Institutions Code is
amended to read:
   14021.31.   The department, in collaboration with the State
Department of Alcohol and Drug Programs, shall develop an
administrative and programmatic transition plan to guide the transfer
of the Drug Medi-Cal program to the department effective July 1,
2012.
    (a) Commencing no later than July 15, 2011, the department,
together with the State Department of Alcohol and Drug Programs,
shall convene stakeholders to receive input from consumers, family
members, providers, counties, and representatives of the Legislature
concerning the transfer of the administration of Drug Medi-Cal
functions currently performed by the State Department of Alcohol and
Drug Programs to the department. This consultation shall inform the
creation of an administrative and programmatic transition plan that
shall include, but is not limited to, the following components:
    (1) Plans for how to review monthly billing from counties to
monitor and prevent any disruptions of service to Drug Medi-Cal
beneficiaries during and immediately after the transition, and a
description of how the department intends to approach the longer-term
development of measures for access and quality of service.
    (2) A detailed description of the Drug Medi-Cal administrative
functions currently performed by the State Department of Alcohol and
Drug Programs.
    (3) Explanations of the operational steps, timelines, and key
milestones for determining when and how each of these functions will
be transferred. These explanations shall also be developed for the
transition of position and staff serving the Drug Medi-Cal program
and how these will relate to and align with positions for the
Medi-Cal program at the department. The department shall consult with
the Department of Personnel Administration in developing this aspect
of the transition plan.
    (4) A list of any planned or proposed changes or efficiencies in
how the functions will be performed, including the anticipated fiscal
and programmatic impacts of the changes.
    (5) A detailed organization chart that reflects the planned
staffing at the department, taking into account the requirements of
subparagraphs (A) to (C), inclusive, and includes focused, high-level
leadership for behavioral health issues.
    (6) A description of how stakeholders were included in the
initial planning process to formulate the transition plan, and a
description of how their feedback will be taken into consideration
after transition activities are underway.
    (b) The department, together with the State Department of Alcohol
and Drug Programs, shall convene and consult with stakeholders at
least once following production of a draft of the transition plan and
before submission of that plan to the Legislature. Continued
consultation with stakeholders shall occur in accordance with the
requirement in subparagraph (F) of paragraph (1).
  SEC. 198.  Section 14022.4 of the Welfare and Institutions Code is
amended to read:
   14022.4.  (a) Any nursing facility or any category of intermediate
care facility for the developmentally disabled currently certified
to participate in the Medi-Cal program may not voluntarily withdraw
from the program unless all of the following conditions are met:
   (1) The facility shall file with the department a notice of intent
to withdraw from the Medi-Cal program.
   (2) Except for patients to be transferred or discharged only for
medical reasons, or for patients' welfare or that of other patients,
or for nonpayment for his or her stay, the facility shall not
subsequently evict any Medi-Cal recipient or private pay patient
residing in the facility at the time the notice of intent to withdraw
from the Medi-Cal program is filed.
   (3) Patients admitted to the facility on or after the date of the
notice of intent to withdraw from the Medi-Cal program shall be
advised orally and in writing of both the following:
   (A) That the facility intends to withdraw from the Medi-Cal
program.
   (B) That notwithstanding Section 14124.7, the facility is not
required to keep a new resident who converts from private pay to
Medi-Cal.
   (b) Subdivision (a) shall not apply to facilities that have filed,
prior to May 1, 1987, a notice of intent to withdraw from the
Medi-Cal program.
   (c) The department shall notify the appropriate substate ombudsmen
monthly as to which facilities have filed a notice of intent to
withdraw from the Medi-Cal program. This information shall also be
made available to the public and noted in facility files available in
each district office.
   (d) The facility may formally withdraw from the Medi-Cal program
when all patients residing in the facility at the time the facility
filed the notice of intent to withdraw from the Medi-Cal program no
longer reside in the facility.
   (e) If a facility that has withdrawn as a Medi-Cal provider
pursuant to this section subsequently reapplies to the department to
become a Medi-Cal provider, the department shall require as a
condition of becoming a Medi-Cal provider that the facility enter
into a five-year Medi-Cal provider contract with the department.
   (f)  This section shall be inoperative in the event federal law or
federal or state appellate judicial decisions prohibit
implementation or invalidate any part of this section.
   (g) (1) This section does not apply to any facility which ceases
operations entirely.
   (2) For purposes of this subdivision, "ceases operations entirely"
means not being in operation for a period of not less than 12
months.
  SEC. 199.  Section 14067 of the Welfare and Institutions Code is
amended to read:
   14067.  (a) The department, in conjunction with the Managed Risk
Medical Insurance Board, may develop and conduct a community outreach
and education campaign to help families learn about, and apply for,
Medi-Cal and the Healthy Families Program of the Managed Risk Medical
Insurance Board, subject to the requirements of federal law. In
conducting this campaign, the department may seek input from, and
contract with, various entities and programs that serve children,
including, but not limited to, the State Department of Education,
counties, Women, Infants, and Children program agencies, Head Start
and Healthy Start programs, and community-based organizations that
deal with potentially eligible families and children to assist in the
outreach, education, and application completion process. The
department shall implement the campaign if funding is provided for
this purpose by an appropriation in the annual Budget Act or other
statute.
    (b) In implementing this section, the department may amend any
existing or future media outreach campaign contract that it has
entered into pursuant to Section 14148.5. Notwithstanding any other
provision of law, any such contract entered into, or amended, as
required to implement this section, shall be exempt from the approval
of the Director of General Services and from the provisions of the
Public Contract Code.
    (c) (1) The department, in conjunction with the Managed Risk
Medical Insurance Board, may award contracts to community-based
organizations to help families learn about, and enroll in, the
Medi-Cal program and Healthy Families Program, and other health care
programs for low-income children. The department shall implement this
subdivision if funding is provided for this purpose by an
appropriation in the annual Budget Act or other statute.
   (2) Contracts for these outreach and enrollment projects shall be
awarded based on, but not limited to, all of the following criteria:
   (A) Capacity to reach populations or geographic areas with
disproportionately low enrollment rates. If it is not possible to
estimate the number of uninsured children in a geographic area who
are eligible for the Medi-Cal program or the Healthy Families
Program, proxy measures for rates of eligible children may be used.
These measures may include, but are not limited to, the number of
children in families with gross annual household incomes at or below
the federal poverty levels pertinent to the programs.
   (B) Organizational capacity and experience, including, but not
limited to, any of the following:
   (i) Organizational experience in serving low-income families.
   (ii) Ability to work effectively with populations that have
disproportionately low enrollment rates.
   (iii) Organizational experiences in helping families learn about,
and enroll in, the Medi-Cal program and Healthy Families Program.
Organizations that do not have experience helping families learn
about, and enroll in, the Medi-Cal program and Healthy Families
Program shall be eligible only to the extent that they support and
collaborate with the outreach and enrollment activities of entities
with that experience.
   (C) Effectiveness of the outreach and education plan, including,
but not limited to, all of the following:
   (i) Culturally and linguistically appropriate outreach and
education strategies.
   (ii) Strategies to identify and address barriers to enrollment,
such as transportation limitations and community perceptions
regarding the Medi-Cal program and Healthy Families Program.
   (iii) Coordination with other outreach efforts in the community,
including the statewide Healthy Families Program and Medi-Cal program
outreach campaign, the state and federally funded county Medi-Cal
outreach program, and any other Medi-Cal program and Healthy Families
Program outreach projects in the target community.
   (iv) Collaboration with other local organizations that serve
families of eligible children.
   (v) Strategies to ensure that children and families retain
coverage and are informed of options for health coverage and services
when they lose eligibility for a particular program.
   (vi) Plans to inform families about all available health care
programs and services.
  SEC. 200.  Section 14087.305 of the Welfare and Institutions Code
is amended to read:
   14087.305.  (a) In areas specified by the director for expansion
of the Medi-Cal managed care program under Section 14087.3 and where
the department is contracting with a prepaid health plan that is
contracting with, governed, owned or operated by a county board of
supervisors, a county special commission or county health authority
authorized by Sections 14018.7, 14087.31, 14087.35, 14087.36,
14087.38, and 14087.96, a Medi-Cal or California Work Opportunity and
Responsibility for Kids (CalWORKs) applicant or beneficiary shall be
informed of the health care options available regarding methods of
receiving Medi-Cal benefits. The county shall ensure that each
beneficiary is informed of these options and informed that a health
care options presentation is available.
   (b) The managed care options information described in subdivision
(a) shall include the following elements:
   (1) Each beneficiary or eligible applicant shall be provided, at a
minimum, with the name, address, telephone number, and specialty, if
any, of each primary care provider, by specialty, or clinic,
participating in each managed care health plan option through a
personalized provider directory for that beneficiary or applicant.
This information shall be presented under the geographic area
designations, by the name of the primary care provider and clinic and
shall be updated based on information electronically provided
monthly by the health care plans to the department, setting forth any
changes in the health care plan's provider network. The geographic
areas shall be based on the applicant's residence address, the minor
applicant's school address, the applicant's work address, or any
other factor deemed appropriate by the department, in consultation
with health plan representatives, legislative staff, and consumer
stakeholders. In addition, directories of the entire service area of
the local initiative and commercial plan provider networks,
including, but not limited to, the name, address, and telephone
number of each primary care provider and hospital, shall be made
available to beneficiaries or applicants who request them from the
health care options contractor. Each personalized provider directory
shall include information regarding the availability of a directory
of the entire service area, provide telephone numbers for the
beneficiary to request a directory of the entire service area, and
include a postage-paid mail card to send for a directory of the
entire service area. The personalized provider directory shall be
implemented as a pilot project in Los Angeles County pursuant to this
article, and in Sacramento County (Geographic Managed Care Model)
pursuant to Article 2.91 (commencing with Section 14089). The
content, form, and the geographic areas used in the personalized
provider directories shall be determined by the department, in
consultation with a workgroup to include health plan representatives,
legislative staff, and consumer stakeholders, with an emphasis on
the inclusion of stakeholders from Los Angeles and Sacramento
Counties. The personalized provider directories may include a section
for each health plan. Prior to implementation of the pilot project,
the department, in consultation with consumer stakeholders,
legislative staff, and health plans, shall determine the parameters,
methodology, and evaluation process of the pilot project. The pilot
project shall thereafter be in effect for a minimum of two years.
Following two years of operation as a pilot project in two counties,
the department, in consultation with consumer stakeholders,
legislative staff, and health plans, shall determine whether to
implement personalized provider directories as a permanent program
statewide. If necessary, the pilot project shall continue beyond the
initial two-year period until this determination is made. This pilot
project shall only be implemented to the extent that it is budget
neutral to the department.
   (2) Each beneficiary or eligible applicant shall be informed that
he or she may choose to continue an established patient-provider
relationship in a managed care option, if his or her treating
provider is a primary care provider or clinic contracting with any of
the prepaid health plan options available and has available capacity
and agrees to continue to treat that beneficiary or applicant.
   (3) Each beneficiary or eligible applicant shall be informed that
if he or she fails to make a choice, he or she shall be assigned to,
and enrolled in, a prepaid health plan.
   (c) No later than 30 days following the date a Medi-Cal or
CalWORKs beneficiary or applicant is determined eligible for
Medi-Cal, the beneficiary shall indicate his or her choice, in
writing, from among the available prepaid health plans in the region
and his or her choice of primary care provider or clinic contracting
with the selected prepaid health plan. Notwithstanding the 30-day
deadline set forth in this subdivision, if a beneficiary requests a
directory for the entire service area within 30 days of receiving an
enrollment form, the deadline for choosing a plan shall be extended
an additional 30 days from the date of the request.
   (d) At the time the beneficiary or eligible applicant selects a
prepaid health plan, the department shall, when applicable, encourage
the beneficiary or eligible applicant to also indicate, in writing,
his or her choice of primary care provider or clinic contracting with
the selected prepaid health plan.
   (e) In areas specified by the director for expansion of the
Medi-Cal managed care program under Section 14087.3, and where the
department is contracting with a prepaid health plan that is
contracting with, governed, owned or operated by a county board of
supervisors, a county special commission or county health authority
authorized by Sections 14018.7, 14087.31, 14087.35, 14087.36,
14087.38, and 14087.96, a Medi-Cal or CalWORKs beneficiary who does
not make a choice of managed care plans, shall be assigned to and
enrolled in an appropriate Medi-Cal prepaid health plan providing
service within the area in which the beneficiary resides.
   (f) If a beneficiary or eligible applicant does not choose a
primary care provider or clinic, or does not select any primary care
provider who is available, the prepaid health plan that was selected
by or assigned to the beneficiary shall ensure that the beneficiary
selects a primary care provider or clinic within 30 days after
enrollment or is assigned to a primary care provider within 40 days
after enrollment.
   (g) Any Medi-Cal or CalWORKs beneficiary dissatisfied with the
primary care provider or prepaid health plan shall be allowed to
select or be assigned to another primary care provider within the
same prepaid health plan. In addition, the beneficiary shall be
allowed to select or be assigned to another prepaid health plan
contracted for pursuant to this article that is in effect for the
geographic area in which he or she resides, in accordance with
Section 1903(m)(2)(F)(ii) of the Social Security Act.
   (h) The department or its contractor shall notify a prepaid health
plan when it has been selected by or assigned to a beneficiary. The
prepaid health plan that has been selected by or assigned to a
beneficiary shall notify the primary care provider that has been
selected or assigned. The prepaid health plan shall also notify the
beneficiary of the prepaid health plan and primary care provider or
clinic selected or assigned.
   (i) (1) The managed health care plan shall have a valid Medi-Cal
contract, adequate capacity, and appropriate staffing to provide
health care services to the beneficiary.
   (2) The department shall establish standards for all of the
following:
   (A) The maximum distances a beneficiary is required to travel to
obtain primary care services from the managed care plan, in which the
beneficiary is enrolled.
   (B) The conditions under which a primary care service site shall
be accessible by public transportation.
   (C) The conditions under which a managed care plan shall provide
nonmedical transportation to a primary care service site.
   (3) In developing the standards required by paragraph (2) the
department shall take into account, on a geographic basis, the means
of transportation used and distances typically traveled by Medi-Cal
beneficiaries to obtain fee-for-service primary care services and the
experience of managed care plans in delivering services to Medi-Cal
enrollees. The department shall also consider the provider's ability
to render culturally and linguistically appropriate services.
   (j) To the extent possible, the arrangements for carrying out
subdivision (e) shall provide for the equitable distribution of
Medi-Cal beneficiaries among participating prepaid health plans, or
managed care plans.
   (k) This section shall be implemented in a manner consistent with
any federal waiver required to be obtained by the department in order
to implement this section.
  SEC. 201.  Section 14089 of the Welfare and Institutions Code is
amended to read:
   14089.  (a) The purpose of this article is to provide a
comprehensive program of managed health care plan services to
Medi-Cal recipients residing in clearly defined geographical areas.
It is, further, the purpose of this article to create maximum
accessibility to health care services by permitting Medi-Cal
recipients the option of choosing from among two or more managed
health care plans or fee-for-service managed case arrangements,
including, but not limited to, health maintenance organizations,
prepaid health plans, and primary care case management plans.
Independent practice associations, health insurance carriers, private
foundations, and university medical centers systems, not-for-profit
clinics, and other primary care providers, may be offered as choices
to Medi-Cal recipients under this article if they are organized and
operated as managed care plans, for the provision of preventive
managed health care plan services.
   (b) The department may seek proposals and then shall enter into
contracts based on relative costs, extent of coverage offered,
quality of health services to be provided, financial stability of the
health care plan or carrier, recipient access to services,
cost-containment strategies, peer and community participation in
quality control, emphasis on preventive and managed health care
services and the ability of the health plan to meet all requirements
for both of the following:
   (1) Certification, where legally required, by the Director of the
Department of Managed Health Care and the Insurance Commissioner.
   (2) Compliance with all of the following:
   (A) The health plan shall satisfy all applicable state and federal
legal requirements for participation as a Medi-Cal managed care
contractor.
   (B) The health plan shall meet any standards established by the
department for the implementation of this article.
   (C) The health plan receives the approval of the department to
participate in the pilot project under this article.
   (c) (1) (A) The proposals shall be for the provision of preventive
and managed health care services to specified eligible populations
on a capitated, prepaid, or postpayment basis.
    (B) Enrollment in a Medi-Cal managed health care plan under this
article shall be voluntary for beneficiaries eligible for the federal
Supplemental Security Income for the Aged, Blind, and Disabled
Program (Subchapter 16 (commencing with Section 1381) of Chapter 7 of
Title 42 of the United States Code).
   (2) The cost of each program established under this section shall
not exceed the total amount that the department estimates it would
pay for all services and requirements within the same geographic area
under the fee-for-service Medi-Cal program.
   (d) (1) An eligible beneficiary shall be entitled to enroll in any
health care plan contracted for pursuant to this article that is in
effect for the geographic area in which he or she resides. The
department shall make available to recipients information summarizing
the benefits and limitations of each health care plan available
pursuant to this section in the geographic area in which the
recipient resides. A Medi-Cal or CalWORKs applicant or beneficiary
shall be informed of the health care options available regarding
methods of receiving Medi-Cal benefits. The county shall ensure that
each beneficiary is informed of these options and informed that a
health care options presentation is available.
   (2) No later than 30 days following the date a Medi-Cal or
CalWORKs recipient is informed of the health care options described
in paragraph (1), the recipient shall indicate his or her choice, in
writing, of one of the available health care plans and his or her
choice of primary care provider or clinic contracting with the
selected health care plan. Notwithstanding the 30-day deadline set
forth in this paragraph, if a beneficiary requests a directory for
the entire service area within 30 days of the date of receiving an
enrollment form, the deadline for choosing a plan shall be extended
an additional 30 days from the date of that request.
   (3) The health care options information described in this
subdivision shall include the following elements:
   (A) Each beneficiary or eligible applicant shall be provided, at a
minimum, with the name, address, telephone number, and specialty, if
any, of each primary care provider, by specialty or clinic
participating in each managed health care plan option through a
personalized provider directory for that beneficiary or applicant.
This information shall be presented under the geographic area
designations by the name of the primary care provider and clinic, and
shall be updated based on information electronically provided
monthly by the health care plans to the department, setting forth
changes in the health care plan provider network. The geographic
areas shall be based on the applicant's residence address, the minor
applicant's school address, the applicant's work address, or any
other factor deemed appropriate by the department, in consultation
with health plan representatives, legislative staff, and consumer
stakeholders. In addition, directories of the entire service area,
including, but not limited to, the name, address, and telephone
number of each primary care provider and hospital, of all Geographic
Managed Care health plan provider networks shall be made available to
beneficiaries or applicants who request them from the health care
options contractor. Each personalized provider directory shall
include information regarding the availability of a directory of the
entire service area, provide telephone numbers for the beneficiary to
request a directory of the entire service area, and include a
postage-paid mail card to send for a directory of the entire service
area. The personalized provider directory shall be implemented as a
pilot project in Sacramento County pursuant to this article, and in
Los Angeles County (Two-Plan Model) pursuant to Article 2.7
(commencing with Section 14087.305). The content, form, and
geographic areas used shall be determined by the department in
consultation with a workgroup to include health plan representatives,
legislative staff, and consumer stakeholders, with an emphasis on
the inclusion of stakeholders from Los Angeles and Sacramento
Counties. The personalized provider directories may include a section
for each health plan. Prior to implementation of the pilot project,
the department, in consultation with consumer stakeholders,
legislative staff, and health plans, shall determine the parameters,
methodology, and evaluation process of the pilot project. The pilot
project shall thereafter be in effect for a minimum of two years.
Following two years of operation as a pilot project in two counties,
the department, in consultation with consumer stakeholders,
legislative staff, and health plans, shall determine whether to
implement personalized provider directories as a permanent program
statewide. If necessary, the pilot project shall continue beyond the
initial two-year period until this determination is made. This pilot
project shall only be implemented to the extent that it is budget
neutral to the department.
   (B) Each beneficiary or eligible applicant shall be informed that
he or she may choose to continue an established patient-provider
relationship in a managed care option, if his or her treating
provider is a primary care provider or clinic contracting with any of
the health plans available and has the available capacity and agrees
to continue to treat that beneficiary or eligible applicant.
   (C) Each beneficiary or eligible applicant shall be informed that
if he or she fails to make a choice, he or she shall be assigned to,
and enrolled in, a health care plan.
   (4) At the time the beneficiary or eligible applicant selects a
health care plan, the department shall, when applicable, encourage
the beneficiary or eligible applicant to also indicate, in writing,
his or her choice of primary care provider or clinic contracting with
the selected health care plan.
   (5) Commencing with the implementation of a geographic managed
care project in a designated county, a Medi-Cal or CalWORKs
beneficiary who does not make a choice of health care plans in
accordance with paragraph (2), shall be assigned to and enrolled in
an appropriate health care plan providing service within the area in
which the beneficiary resides.
   (6) If a beneficiary or eligible applicant does not choose a
primary care provider or clinic, or does not select a primary care
provider who is available, the health care plan selected by or
assigned to the beneficiary shall ensure that the beneficiary selects
a primary care provider or clinic within 30 days after enrollment or
is assigned to a primary care provider within 40 days after
enrollment.
   (7) A Medi-Cal or CalWORKs beneficiary dissatisfied with the
primary care provider or health care plan shall be allowed to select
or be assigned to another primary care provider within the same
health care plan. In addition, the beneficiary shall be allowed to
select or be assigned to another health care plan contracted for
pursuant to this article that is in effect for the geographic area in
which he or she resides in accordance with Section 1903(m)(2)(F)(ii)
of the Social Security Act.
   (8) The department or its contractor shall notify a health care
plan when it has been selected by or assigned to a beneficiary. The
health care plan that has been selected or assigned by a beneficiary
shall notify the primary care provider that has been selected or
assigned. The health care plan shall also notify the beneficiary of
the health care plan and primary care provider selected or assigned.
   (9) This section shall be implemented in a manner consistent with
any federal waiver that is required to be obtained by the department
to implement this section.
   (e) A participating county may include within the plan or plans
providing coverage pursuant to this section, employees of county
government, and others who reside in the geographic area and who
depend upon county funds for all or part of their health care costs.
   (f) Funds may be provided to prospective contractors to assist in
the design, development, and installation of appropriate programs.
The award of these funds shall be based on criteria established by
the department.
   (g) In implementing this article, the department may enter into
contracts for the provision of essential administrative and other
services. Contracts entered into under this subdivision may be on a
noncompetitive bid basis and shall be exempt from Chapter 2
(commencing with Section 10290) of Part 2 of Division 2 of the Public
Contract Code.
   (h) Notwithstanding any other provision of law, on and after the
effective date of the act adding this subdivision, the department
shall have exclusive authority to set the rates, terms, and
conditions of geographic managed care contracts and contract
amendments under this article. As of that date, all references to
this article to the negotiator or to the California Medical
Assistance Commission shall be deemed to mean the department.
   (i) Notwithstanding subdivision (q) of Section 6254 of the
Government Code, a contract or contract amendments executed by both
parties after the effective date of the act adding this subdivision
shall be considered a public record for purposes of the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code) and shall be disclosed
upon request. This subdivision includes contracts that reveal the
department's rates of payment for health care services, the rates
themselves, and rate manuals.
  SEC. 202.  Section 14089.05 of the Welfare and Institutions Code is
amended to read:
   14089.05.  (a) (1) The department may implement a multiplan
project in the County of San Diego, upon approval of the Board of
Supervisors of the County of San Diego, for the provision of benefits
under this chapter to eligible Medi-Cal recipients. The multiplan
project implemented in San Diego County pursuant to this section
shall provide diagnostic, therapeutic, and preventive services
provided under the Medi-Cal program, and additional benefits
including, but not limited to, medical-related transportation,
comprehensive patient management, and referral to other support
services.
   (2) The County of San Diego shall be eligible to receive funds
transferred pursuant to paragraph (1) of subdivision (p) of Section
14163 for the development and implementation of this section. These
funds in the amount allocated by the department for the County of San
Diego shall be paid by the department upon the enactment of this
section to the County of San Diego to reimburse a portion of the
costs of the development of the project. To the full extent permitted
by state and federal law, these funds shall be distributed by the
department for expenditure by the County of San Diego in a manner
that qualifies for federal financial participation under the Medicaid
Program and the department shall expedite the payment of the federal
funds to the County of San Diego. The department shall seek
additional state, federal, and other funds to pay for costs that are
incurred by the County of San Diego to develop the multiplan project
in excess of the payment required by this section, and the department
shall assist the county in obtaining the additional funds.
   (b) (1) The County of San Diego may establish two advisory boards,
one of which shall be composed of consumer representatives and the
other of which shall be composed of health care professional's
representatives. Each board shall advise the Department of Health
Services of the County of San Diego and review and comment on all
aspects of the implementation of the multiplan project. At least one
of the members of each advisory board shall be appointed by the board
of supervisors. The board of supervisors shall establish a number of
members to serve on each advisory board, with each supervisor to
appoint an equal number of members from his or her district. Each
advisory board shall vote on all pilot project policies and issues
that are submitted to the board of supervisors.
   (2) Notwithstanding any other provision of law, a member of an
advisory board established pursuant to this section shall not be
deemed to be interested in a contract entered into by the department
within the meaning of Article 4 (commencing with Section 1090) of
Chapter 1 of Division 4 of Title 1 of the Government Code if the
member is a Medi-Cal recipient or if all of the following apply:
   (A) The member was appointed to represent the interests of
physicians, health care practitioners, hospitals, pharmacies, or
other health care organizations.
   (B) The contract authorizes the member or the organization the
member represents to provide Medi-Cal services under the multiplan
project.
   (C) The contract contains substantially the same terms and
conditions as contracts entered into with other individuals or
organizations the member was appointed to represent.
   (D) The member does not influence or attempt to influence the
joint advisory board or another member of the joint advisory board to
recommend that the department enter into the contract in which the
member is interested.
   (E) The member discloses the interest to the joint advisory board
and abstains from voting on any recommendation on the contract.
   (F) The advisory board notes the member's disclosure and
abstention in its official records.
   (3) Members of the advisory boards shall not be paid compensation
for activities relating to their duties as members, but members who
are Medi-Cal recipients shall be reimbursed an appropriate amount by
the County of San Diego for travel and child care expenses incurred
in performing their duties under this section.
   (c) At the discretion of the department, the County of San Diego,
the department, or other appropriate entities may perform any of the
following in a manner that accomplishes the integration of the intake
of eligible beneficiaries to the project, the assessment of
beneficiary individual and family needs and circumstances, and the
timely referral of beneficiaries to health care and other services to
respond to their individual and family needs:
   (1) Determine the eligibility of Medi-Cal applicants and
recipients in a manner and environment that is accessible to the
recipients and applicants.
   (2) Perform enrollment activities in a manner that ensures that
recipients be given the opportunity to select the provider of their
choice in a manner and environment that is accessible to the
recipients.
   (3) The department may negotiate and amend its contract with the
county to provide for specified quality improvement activities, and
may require each of the health plans to participate in those
activities. The department shall also participate in the county's
quality improvement activities.
   (d) Notwithstanding Section 14089 or any other provision of law,
the County of San Diego, when contracting with the department
pursuant to this section or subdivision (d), (i), or (j) of Section
14089, shall not be liable for damages for injury to persons or
property arising out of the actions or inactions of the department,
the department's other contractors, or providers of health care or
other services, or Medi-Cal recipients. This section shall not
relieve the County of San Diego from liability arising out of its
actions or inactions.
   (e) The County of San Diego, when contracting with the department
pursuant to Section 14089 or this section, shall have no legal duty
to provide health care or other services to Medi-Cal recipients, and
shall have no financial responsibility for the department's other
contractors or providers of health care or other services, except to
the extent specifically set forth in contracts between the department
and the county.
   (f) Notwithstanding Section 14089.6, the department may terminate
any existing managed care contract with either a prepaid health plan
or a primary care case management plan for services in the County of
San Diego in accordance with the terms and conditions set forth in
the existing contract, at any time that the department determines
that termination is in the best interest of the state. The department
shall notify an existing prepaid health plan at least 90 days prior
to termination. The department shall notify a primary care case
management plan at least 30 days prior to termination.
   (g) All contracts entered into by the department and the County of
San Diego pursuant to Section 14089 or this section shall not be for
the benefit of any third party, and no third-party beneficiary
relationship shall be established between the county and any other
party, except as may be specifically set forth in contracts between
the department and the County of San Diego.
    (h) (1) For purposes of this section, "multiplan project" means a
program authorized by this section in which a number of Knox-Keene
licensed health plans designated by the county and approved by the
department shall be the only Medi-Cal managed care health plans
authorized to operate within San Diego County, with the exception of
special projects approved by the department.
   (2) Designated health plans shall include, but not be limited to,
health plans sponsored by traditional Medi-Cal physicians,
neighborhood health centers, community clinics, health systems,
including hospitals and other providers, or a combination thereof.
   (3) Participating health plans shall first be designated by the
county for approval by the department. Health plans approved by the
department shall be eligible to contract with the department.
Designation by the county and approval by the department provides the
health plan only with the opportunity to compete for a contract and
does not guarantee a contract with the state.
   (4) Designation requirements imposed by the county shall not
conflict with the requirements imposed by the department, the federal
Medicaid Program, and the Medi-Cal program, and may not impose
stricter requirements, without the department's approval, than those
imposed by the department, the federal Medicaid Program, and the
Medi-Cal program.
   (5) Designation of health plans by the county will continue for
the term of the Medi-Cal contract.
    (i) Nothing in this section relieves the county of duties or
liabilities imposed by Part 5 (commencing with Section 17000) or
which it has assumed through contract with entities other than the
department.
    (j) Indian health facilities in San Diego County may contract
directly with the department as Medi-Cal fee-for-service case
management providers apart from the geographic managed care program
or may participate in the network of one or more of the geographic
managed care plans. Indian health service facilities that contract
with the department as fee-for-service case management providers may
enroll Medi-Cal recipients, including, but not limited to, recipients
who are in any of the geographic managed care mandatory enrollment
aid codes.
  SEC. 203.  Section 14091.3 of the Welfare and Institutions Code is
amended to read:
   14091.3.  (a) For purposes of this section, the following
definitions shall apply:
   (1) "Medi-Cal managed care plan contracts" means those contracts
entered into with the department by any individual, organization, or
entity pursuant to Article 2.7 (commencing with Section 14087.3),
Article 2.8 (commencing with Section 14087.5), or Article 2.91
(commencing with Section 14089) of this chapter, or Article 1
(commencing with Section 14200) or Article 7 (commencing with Section
14490) of Chapter 8, or Chapter 8.75 (commencing with Section
14591).
   (2) "Medi-Cal managed care health plan" means an individual,
organization, or entity operating under a Medi-Cal managed care plan
contract with the department under this chapter, Chapter 8
(commencing with Section 14200), or Chapter 8.75 (commencing with
Section 14591).
   (b) The department shall take all appropriate steps to amend the
Medicaid State Plan, if necessary, to carry out this section. This
section shall be implemented only to the extent that federal
financial participation is available.
   (c) (1) Any hospital that does not have in effect a contract with
a Medi-Cal managed care health plan, as defined in paragraph (2) of
subdivision (a), that establishes payment amounts for services
furnished to a beneficiary enrolled in that plan shall accept as
payment in full, from all these plans, the following amounts:
   (A) For outpatient services, the Medi-Cal fee-for-service (FFS)
payment amounts.
   (B) For emergency inpatient services, the average per diem
contract rate specified in paragraph (2) of subdivision (b) of
Section 14166.245, except that the payment amount shall not be
reduced by 5 percent, until July 1, 2013, and thereafter, the average
contract rate specified in Section 1396u-2(b)(2) of Title 42 of the
United States Code. For the purposes of this subparagraph, this
payment amount shall apply to all hospitals, including hospitals that
contract with the department under the Medi-Cal Selective Provider
Contracting Program described in Article 2.6 (commencing with Section
14081), and small and rural hospitals specified in Section 124840 of
the Health and Safety Code.
   (C) For poststabilization services following an emergency
admission, payment amounts shall be consistent with Section 438.114
(e) of Title 42 of the Code of Federal Regulations. This paragraph
shall only be implemented to the extent that contract amendment
language providing for these payments is approved by CMS. For
purposes of this subparagraph, this payment amount shall apply to all
hospitals, including hospitals that contract with the department
under the Medi-Cal Selective Provider Contracting Program pursuant to
Article 2.6 (commencing with Section 14081).
   (2) The rates established in paragraph (1) for emergency inpatient
services and poststabilization services shall remain in effect only
until the department implements the payment methodology based on
diagnosis-related groups pursuant to Section 14105.28.
   (3) Upon implementation of the payment methodology based on
diagnosis-related groups pursuant to Section 14105.28, any hospital
described in paragraph (1) shall accept as payment in full for
inpatient hospital services, including both emergency inpatient
services and poststabilization services related to an emergency
medical condition, the payment amount established pursuant to the
methodology developed under Section 14105.28.
   (d) Medi-Cal managed care health plans that, pursuant to the
department's encouragement in All Plan Letter 07003, have been paying
out-of-network hospitals the most recent California Medical
Assistance Commission regional average per diem rate as a temporary
rate for purposes of Section 1932(b)(2)(D) of the federal Social
Security Act (SSA), which became effective January 1, 2007, shall
make reconciliations and adjustments for all hospital payments made
since January 1, 2007, based upon rates published by the department
pursuant to Section 1932(b)(2)(D) of the SSA and effective January 1,
2007, to June 30, 2008, inclusive, and, if applicable, provide
supplemental payments to hospitals as necessary to make payments that
conform with Section 1932(b)(2)(D) of the SSA. In order to provide
managed care health plans with 60 working days to make any necessary
supplemental payments to hospitals prior to these payments becoming
subject to the payment of interest, Section 1300.71 of Title 28 of
the California Code of Regulations shall not apply to these
supplemental payments until 30 working days following the publication
by the department of the rates.
    (e) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department may implement, interpret, or make specific this
section and applicable federal waivers and state plan amendments by
means of all-county letters, plan letters, plan or provider
bulletins, or similar instructions, without taking regulatory action.
Prior to issuing any letter or similar instrument authorized
pursuant to this section, the department shall notify and consult
with stakeholders, including advocates, providers, and beneficiaries.

    (f)  This section shall become inoperative on July 1, 2013, and,
as of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 204.  Section 14094.3 of the Welfare and Institutions Code is
amended to read:
   14094.3.  (a) Notwithstanding this article or Section 14093.05 or
14094.1, CCS covered services shall not be incorporated into any
Medi-Cal managed care contract entered into after August 1, 1994,
pursuant to Article 2.7 (commencing with Section 14087.3), Article
2.8 (commencing with Section 14087.5), Article 2.9 (commencing with
Section 14088), Article 2.91 (commencing with Section 14089), Article
2.95 (commencing with Section 14092); or either Article 2
(commencing with Section 14200), or Article 7 (commencing with
Section 14490) of Chapter 8, until January 1, 2016, except for
contracts entered into for county organized health systems or
Regional Health Authority in the Counties of San Mateo, Santa
Barbara, Solano, Yolo, Marin, and Napa.
   (b) Notwithstanding any other provision of this chapter, providers
serving children under the CCS program who are enrolled with a
Medi-Cal managed care contractor but who are not enrolled in a pilot
project pursuant to subdivision (c) shall continue to submit billing
for CCS covered services on a fee-for-service basis until CCS covered
services are incorporated into the Medi-Cal managed care contracts
described in subdivision (a).
   (c) (1) The department may authorize a pilot project in Solano
County in which reimbursement for conditions eligible under the CCS
program may be reimbursed on a capitated basis pursuant to Section
14093.05, and provided all CCS program's guidelines, standards, and
regulations are adhered to, and CCS program's case management is
utilized.
   (2) During the time period described in subdivision (a), the
department may approve, implement, and evaluate limited pilot
projects under the CCS program to test alternative managed care
models tailored to the special health care needs of children under
the CCS program. The pilot projects may include, but need not be
limited to, coverage of different geographic areas, focusing on
certain subpopulations, and the employment of different payment and
incentive models. Pilot project proposals from CCS program-approved
providers shall be given preference. All pilot projects shall utilize
CCS program-approved standards and providers pursuant to Section
14094.1.
                                                       (d) For
purposes of this section, CCS covered services include all program
benefits administered by the program specified in Section 123840 of
the Health and Safety Code regardless of the funding source.
    (e) Nothing in this section shall be construed to exclude or
restrict CCS eligible children from enrollment with a managed care
contractor, or from receiving from the managed care contractor with
which they are enrolled primary and other health care unrelated to
the treatment of the CCS eligible condition.
  SEC. 205.  Section 14132 of the Welfare and Institutions Code is
amended to read:
   14132.  The following is the schedule of benefits under this
chapter:
   (a) Outpatient services are covered as follows:
   Physician, hospital or clinic outpatient, surgical center,
respiratory care, optometric, chiropractic, psychology, podiatric,
occupational therapy, physical therapy, speech therapy, audiology,
acupuncture to the extent federal matching funds are provided for
acupuncture, and services of persons rendering treatment by prayer or
healing by spiritual means in the practice of any church or
religious denomination insofar as these can be encompassed by federal
participation under an approved plan, subject to utilization
controls.
   (b) Inpatient hospital services, including, but not limited to,
physician and podiatric services, physical therapy and occupational
therapy, are covered subject to utilization controls.
   (c) Nursing facility services, subacute care services, and
services provided by any category of intermediate care facility for
the developmentally disabled, including podiatry, physician, nurse
practitioner services, and prescribed drugs, as described in
subdivision (d), are covered subject to utilization controls.
Respiratory care, physical therapy, occupational therapy, speech
therapy, and audiology services for patients in nursing facilities
and any category of intermediate care facility for the
developmentally disabled are covered subject to utilization controls.

   (d) (1) Purchase of prescribed drugs is covered subject to the
Medi-Cal List of Contract Drugs and utilization controls.
   (2) Purchase of drugs used to treat erectile dysfunction or any
off-label uses of those drugs are covered only to the extent that
federal financial participation is available.
   (3) (A) To the extent required by federal law, the purchase of
outpatient prescribed drugs, for which the prescription is executed
by a prescriber in written, nonelectronic form on or after April 1,
2008, is covered only when executed on a tamper resistant
prescription form. The implementation of this paragraph shall conform
to the guidance issued by the federal Centers of Medicare and
Medicaid Services but shall not conflict with state statutes on the
characteristics of tamper resistant prescriptions for controlled
substances, including Section 11162.1 of the Health and Safety Code.
The department shall provide providers and beneficiaries with as much
flexibility in implementing these rules as allowed by the federal
government. The department shall notify and consult with appropriate
stakeholders in implementing, interpreting, or making specific this
paragraph.
   (B) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may take the actions specified in subparagraph (A) by
means of a provider bulletin or notice, policy letter, or other
similar instructions without taking regulatory action.
   (4) (A) (i) For the purposes of this paragraph, nonlegend has the
same meaning as defined in subdivision (a) of Section 14105.45.
   (ii) Nonlegend acetaminophen-containing products, with the
exception of children's acetaminophen-containing products, selected
by the department are not covered benefits.
   (iii) Nonlegend cough and cold products selected by the department
are not covered benefits. This clause shall be implemented on the
first day of the first calendar month following 90 days after the
effective date of the act that added this clause, or on the first day
of the first calendar month following 60 days after the date the
department secures all necessary federal approvals to implement this
section, whichever is later.
   (iv) Beneficiaries under the Early and Periodic Screening,
Diagnosis, and Treatment Program shall be exempt from clauses (ii)
and (iii).
   (B) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may take the actions specified in subparagraph (A) by
means of a provider bulletin or notice, policy letter, or other
similar instruction without taking regulatory action.
   (e) Outpatient dialysis services and home hemodialysis services,
including physician services, medical supplies, drugs and equipment
required for dialysis, are covered, subject to utilization controls.
   (f) Anesthesiologist services when provided as part of an
outpatient medical procedure, nurse anesthetist services when
rendered in an inpatient or outpatient setting under conditions set
forth by the director, outpatient laboratory services, and X-ray
services are covered, subject to utilization controls. Nothing in
this subdivision shall be construed to require prior authorization
for anesthesiologist services provided as part of an outpatient
medical procedure or for portable X-ray services in a nursing
facility or any category of intermediate care facility for the
developmentally disabled.
   (g) Blood and blood derivatives are covered.
   (h) (1) Emergency and essential diagnostic and restorative dental
services, except for orthodontic, fixed bridgework, and partial
dentures that are not necessary for balance of a complete artificial
denture, are covered, subject to utilization controls. The
utilization controls shall allow emergency and essential diagnostic
and restorative dental services and prostheses that are necessary to
prevent a significant disability or to replace previously furnished
prostheses which are lost or destroyed due to circumstances beyond
the beneficiary's control. Notwithstanding the foregoing, the
director may by regulation provide for certain fixed artificial
dentures necessary for obtaining employment or for medical conditions
that preclude the use of removable dental prostheses, and for
orthodontic services in cleft palate deformities administered by the
department's California Children Services Program.
   (2) For persons 21 years of age or older, the services specified
in paragraph (1) shall be provided subject to the following
conditions:
   (A) Periodontal treatment is not a benefit.
   (B) Endodontic therapy is not a benefit except for vital
pulpotomy.
   (C) Laboratory processed crowns are not a benefit.
   (D) Removable prosthetics shall be a benefit only for patients as
a requirement for employment.
   (E) The director may, by regulation, provide for the provision of
fixed artificial dentures that are necessary for medical conditions
that preclude the use of removable dental prostheses.
   (F) Notwithstanding the conditions specified in subparagraphs (A)
to (E), inclusive, the department may approve services for persons
with special medical disorders subject to utilization review.
   (3) Paragraph (2) shall become inoperative July 1, 1995.
   (i) Medical transportation is covered, subject to utilization
controls.
   (j) Home health care services are covered, subject to utilization
controls.
   (k) Prosthetic and orthotic devices and eyeglasses are covered,
subject to utilization controls. Utilization controls shall allow
replacement of prosthetic and orthotic devices and eyeglasses
necessary because of loss or destruction due to circumstances beyond
the beneficiary's control. Frame styles for eyeglasses replaced
pursuant to this subdivision shall not change more than once every
two years, unless the department so directs.
   Orthopedic and conventional shoes are covered when provided by a
prosthetic and orthotic supplier on the prescription of a physician
and when at least one of the shoes will be attached to a prosthesis
or brace, subject to utilization controls. Modification of stock
conventional or orthopedic shoes when medically indicated, is covered
subject to utilization controls. When there is a clearly established
medical need that cannot be satisfied by the modification of stock
conventional or orthopedic shoes, custom-made orthopedic shoes are
covered, subject to utilization controls.
   Therapeutic shoes and inserts are covered when provided to
beneficiaries with a diagnosis of diabetes, subject to utilization
controls, to the extent that federal financial participation is
available.
   (  l  ) Hearing aids are covered, subject to utilization
controls. Utilization controls shall allow replacement of hearing
aids necessary because of loss or destruction due to circumstances
beyond the beneficiary's control.
   (m) Durable medical equipment and medical supplies are covered,
subject to utilization controls. The utilization controls shall allow
the replacement of durable medical equipment and medical supplies
when necessary because of loss or destruction due to circumstances
beyond the beneficiary's control. The utilization controls shall
allow authorization of durable medical equipment needed to assist a
disabled beneficiary in caring for a child for whom the disabled
beneficiary is a parent, stepparent, foster parent, or legal
guardian, subject to the availability of federal financial
participation. The department shall adopt emergency regulations to
define and establish criteria for assistive durable medical equipment
in accordance with the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code).
   (n) Family planning services are covered, subject to utilization
controls.
   (o) Inpatient intensive rehabilitation hospital services,
including respiratory rehabilitation services, in a general acute
care hospital are covered, subject to utilization controls, when
either of the following criteria are met:
   (1) A patient with a permanent disability or severe impairment
requires an inpatient intensive rehabilitation hospital program as
described in Section 14064 to develop function beyond the limited
amount that would occur in the normal course of recovery.
   (2) A patient with a chronic or progressive disease requires an
inpatient intensive rehabilitation hospital program as described in
Section 14064 to maintain the patient's present functional level as
long as possible.
   (p) (1) Adult day health care is covered in accordance with
Chapter 8.7 (commencing with Section 14520).
   (2) Commencing 30 days after the effective date of the act that
added this paragraph, and notwithstanding the number of days
previously approved through a treatment authorization request, adult
day health care is covered for a maximum of three days per week.
   (3) As provided in accordance with paragraph (4), adult day health
care is covered for a maximum of five days per week.
   (4) As of the date that the director makes the declaration
described in subdivision (g) of Section 14525.1, paragraph (2) shall
become inoperative and paragraph (3) shall become operative.
   (q) (1) Application of fluoride, or other appropriate fluoride
treatment as defined by the department, other prophylaxis treatment
for children 17 years of age and under, are covered.
   (2) All dental hygiene services provided by a registered dental
hygienist in alternative practice pursuant to Sections 1768 and 1770
of the Business and Professions Code may be covered as long as they
are within the scope of Denti-Cal benefits and they are necessary
services provided by a registered dental hygienist in alternative
practice.
   (r) (1) Paramedic services performed by a city, county, or special
district, or pursuant to a contract with a city, county, or special
district, and pursuant to a program established under Article 3
(commencing with Section 1480) of Chapter 2.5 of Division 2 of the
Health and Safety Code by a paramedic certified pursuant to that
article, and consisting of defibrillation and those services
specified in subdivision (3) of Section 1482 of the article.
   (2) All providers enrolled under this subdivision shall satisfy
all applicable statutory and regulatory requirements for becoming a
Medi-Cal provider.
   (3) This subdivision shall be implemented only to the extent
funding is available under Section 14106.6.
   (s) In-home medical care services are covered when medically
appropriate and subject to utilization controls, for beneficiaries
who would otherwise require care for an extended period of time in an
acute care hospital at a cost higher than in-home medical care
services. The director shall have the authority under this section to
contract with organizations qualified to provide in-home medical
care services to those persons. These services may be provided to
patients placed in shared or congregate living arrangements, if a
home setting is not medically appropriate or available to the
beneficiary. As used in this section, "in-home medical care service"
includes utility bills directly attributable to continuous, 24-hour
operation of life-sustaining medical equipment, to the extent that
federal financial participation is available.
   As used in this subdivision, in-home medical care services,
include, but are not limited to:
   (1) Level of care and cost of care evaluations.
   (2) Expenses, directly attributable to home care activities, for
materials.
   (3) Physician fees for home visits.
   (4) Expenses directly attributable to home care activities for
shelter and modification to shelter.
   (5) Expenses directly attributable to additional costs of special
diets, including tube feeding.
   (6) Medically related personal services.
   (7) Home nursing education.
   (8) Emergency maintenance repair.
   (9) Home health agency personnel benefits which permit coverage of
care during periods when regular personnel are on vacation or using
sick leave.
   (10) All services needed to maintain antiseptic conditions at
stoma or shunt sites on the body.
   (11) Emergency and nonemergency medical transportation.
   (12) Medical supplies.
   (13) Medical equipment, including, but not limited to, scales,
gurneys, and equipment racks suitable for paralyzed patients.
   (14) Utility use directly attributable to the requirements of home
care activities which are in addition to normal utility use.
   (15) Special drugs and medications.
   (16) Home health agency supervision of visiting staff which is
medically necessary, but not included in the home health agency rate.

   (17) Therapy services.
   (18) Household appliances and household utensil costs directly
attributable to home care activities.
   (19) Modification of medical equipment for home use.
   (20) Training and orientation for use of life-support systems,
including, but not limited to, support of respiratory functions.
   (21) Respiratory care practitioner services as defined in Sections
3702 and 3703 of the Business and Professions Code, subject to
prescription by a physician and surgeon.
   Beneficiaries receiving in-home medical care services are entitled
to the full range of services within the Medi-Cal scope of benefits
as defined by this section, subject to medical necessity and
applicable utilization control. Services provided pursuant to this
subdivision, which are not otherwise included in the Medi-Cal
schedule of benefits, shall be available only to the extent that
federal financial participation for these services is available in
accordance with a home- and community-based services waiver.
   (t) Home- and community-based services approved by the United
States Department of Health and Human Services may be covered to the
extent that federal financial participation is available for those
services under waivers granted in accordance with Section 1396n of
Title 42 of the United States Code. The director may seek waivers for
any or all home- and community-based services approvable under
Section 1396n of Title 42 of the United States Code. Coverage for
those services shall be limited by the terms, conditions, and
duration of the federal waivers.
   (u) Comprehensive perinatal services, as provided through an
agreement with a health care provider designated in Section 14134.5
and meeting the standards developed by the department pursuant to
Section 14134.5, subject to utilization controls.
   The department shall seek any federal waivers necessary to
implement the provisions of this subdivision. The provisions for
which appropriate federal waivers cannot be obtained shall not be
implemented. Provisions for which waivers are obtained or for which
waivers are not required shall be implemented notwithstanding any
inability to obtain federal waivers for the other provisions. No
provision of this subdivision shall be implemented unless matching
funds from Subchapter XIX (commencing with Section 1396) of Chapter 7
of Title 42 of the United States Code are available.
   (v) Early and periodic screening, diagnosis, and treatment for any
individual under 21 years of age is covered, consistent with the
requirements of Subchapter XIX (commencing with Section 1396) of
Chapter 7 of Title 42 of the United States Code.
   (w) Hospice service which is Medicare-certified hospice service is
covered, subject to utilization controls. Coverage shall be
available only to the extent that no additional net program costs are
incurred.
   (x) When a claim for treatment provided to a beneficiary includes
both services which are authorized and reimbursable under this
chapter, and services which are not reimbursable under this chapter,
that portion of the claim for the treatment and services authorized
and reimbursable under this chapter shall be payable.
   (y) Home- and community-based services approved by the United
States Department of Health and Human Services for beneficiaries with
a diagnosis of AIDS or ARC, who require intermediate care or a
higher level of care.
   Services provided pursuant to a waiver obtained from the Secretary
of the United States Department of Health and Human Services
pursuant to this subdivision, and which are not otherwise included in
the Medi-Cal schedule of benefits, shall be available only to the
extent that federal financial participation for these services is
available in accordance with the waiver, and subject to the terms,
conditions, and duration of the waiver. These services shall be
provided to individual beneficiaries in accordance with the client's
needs as identified in the plan of care, and subject to medical
necessity and applicable utilization control.
   The director may under this section contract with organizations
qualified to provide, directly or by subcontract, services provided
for in this subdivision to eligible beneficiaries. Contracts or
agreements entered into pursuant to this division shall not be
subject to the Public Contract Code.
   (z) Respiratory care when provided in organized health care
systems as defined in Section 3701 of the Business and Professions
Code, and as an in-home medical service as outlined in subdivision
(s).
   (aa) (1) There is hereby established in the department, a program
to provide comprehensive clinical family planning services to any
person who has a family income at or below 200 percent of the federal
poverty level, as revised annually, and who is eligible to receive
these services pursuant to the waiver identified in paragraph (2).
This program shall be known as the Family Planning, Access, Care, and
Treatment (Family PACT) Program.
   (2) The department shall seek a waiver in accordance with Section
1315 of Title 42 of the United States Code, or a state plan amendment
adopted in accordance with Section 1396a(a)(10)(A)(ii)(XXI)(ii)(2)
of Title 42 of the United States Code, which was added to Section
1396a of Title 42 of the United States Code by Section 2303(a)(2) of
the federal Patient Protection and Affordable Care Act (PPACA)
(Public Law 111-148), for a program to provide comprehensive clinical
family planning services as described in paragraph (8). Under the
waiver, the program shall be operated only in accordance with the
waiver and the statutes and regulations in paragraph (4) and subject
to the terms, conditions, and duration of the waiver. Under the state
plan amendment, which shall replace the waiver and shall be known as
the Family PACT successor state plan amendment, the program shall be
operated only in accordance with this subdivision and the statutes
and regulations in paragraph (4). The state shall use the standards
and processes imposed by the state on January 1, 2007, including the
application of an eligibility discount factor to the extent required
by the federal Centers for Medicare and Medicaid Services, for
purposes of determining eligibility as permitted under Section 1396a
(a)(10)(A)(ii)(XXI)(ii)(2) of Title 42 of the United States Code. To
the extent that federal financial participation is available, the
program shall continue to conduct education, outreach, enrollment,
service delivery, and evaluation services as specified under the
waiver. The services shall be provided under the program only if the
waiver and, when applicable, the successor state plan amendment are
approved by the federal Centers for Medicare and Medicaid Services
and only to the extent that federal financial participation is
available for the services. Nothing in this section shall prohibit
the department from seeking the Family PACT successor state plan
amendment during the operation of the waiver.
   (3) Solely for the purposes of the waiver or Family PACT successor
state plan amendment and notwithstanding any other provision of law,
the collection and use of an individual's social security number
shall be necessary only to the extent required by federal law.
   (4) Sections 14105.3 to 14105.39, inclusive, 14107.11, 24005, and
24013, and any regulations adopted under these statutes shall apply
to the program provided for under this subdivision. No other
provision of law under the Medi-Cal program or the State-Only Family
Planning Program shall apply to the program provided for under this
subdivision.
   (5) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement, without taking regulatory action, the
provisions of the waiver after its approval by the federal Health
Care Financing Administration and the provisions of this section by
means of an all-county letter or similar instruction to providers.
Thereafter, the department shall adopt regulations to implement this
section and the approved waiver in accordance with the requirements
of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code.
   (6) In the event that the Department of Finance determines that
the program operated under the authority of the waiver described in
paragraph (2) or the Family PACT successor state plan amendment is no
longer cost effective, this subdivision shall become inoperative on
the first day of the first month following the issuance of a 30-day
notification of that determination in writing by the Department of
Finance to the chairperson in each house that considers
appropriations, the chairpersons of the committees, and the
appropriate subcommittees in each house that considers the State
Budget, and the Chairperson of the Joint Legislative Budget
Committee.
   (7) If this subdivision ceases to be operative, all persons who
have received or are eligible to receive comprehensive clinical
family planning services pursuant to the waiver described in
paragraph (2) shall receive family planning services under the
Medi-Cal program pursuant to subdivision (n) if they are otherwise
eligible for Medi-Cal with no share of cost, or shall receive
comprehensive clinical family planning services under the program
established in Division 24 (commencing with Section 24000) either if
they are eligible for Medi-Cal with a share of cost or if they are
otherwise eligible under Section 24003.
   (8) For purposes of this subdivision, "comprehensive clinical
family planning services" means the process of establishing
objectives for the number and spacing of children, and selecting the
means by which those objectives may be achieved. These means include
a broad range of acceptable and effective methods and services to
limit or enhance fertility, including contraceptive methods, federal
Food and Drug Administration approved contraceptive drugs, devices,
and supplies, natural family planning, abstinence methods, and basic,
limited fertility management. Comprehensive clinical family planning
services include, but are not limited to, preconception counseling,
maternal and fetal health counseling, general reproductive health
care, including diagnosis and treatment of infections and conditions,
including cancer, that threaten reproductive capability, medical
family planning treatment and procedures, including supplies and
followup, and informational, counseling, and educational services.
Comprehensive clinical family planning services shall not include
abortion, pregnancy testing solely for the purposes of referral for
abortion or services ancillary to abortions, or pregnancy care that
is not incident to the diagnosis of pregnancy. Comprehensive clinical
family planning services shall be subject to utilization control and
include all of the following:
   (A) Family planning related services and male and female
sterilization. Family planning services for men and women shall
include emergency services and services for complications directly
related to the contraceptive method, federal Food and Drug
Administration approved contraceptive drugs, devices, and supplies,
and followup, consultation, and referral services, as indicated,
which may require treatment authorization requests.
   (B) All United States Department of Agriculture, federal Food and
Drug Administration approved contraceptive drugs, devices, and
supplies that are in keeping with current standards of practice and
from which the individual may choose.
   (C) Culturally and linguistically appropriate health education and
counseling services, including informed consent, that include all of
the following:
   (i) Psychosocial and medical aspects of contraception.
   (ii) Sexuality.
   (iii) Fertility.
   (iv) Pregnancy.
   (v) Parenthood.
   (vi) Infertility.
   (vii) Reproductive health care.
   (viii) Preconception and nutrition counseling.
   (ix) Prevention and treatment of sexually transmitted infection.
                                     (x) Use of contraceptive
methods, federal Food and Drug Administration approved contraceptive
drugs, devices, and supplies.
   (xi) Possible contraceptive consequences and followup.
   (xii) Interpersonal communication and negotiation of relationships
to assist individuals and couples in effective contraceptive method
use and planning families.
   (D) A comprehensive health history, updated at the next periodic
visit (between 11 and 24 months after initial examination) that
includes a complete obstetrical history, gynecological history,
contraceptive history, personal medical history, health risk factors,
and family health history, including genetic or hereditary
conditions.
   (E) A complete physical examination on initial and subsequent
periodic visits.
   (F) Services, drugs, devices, and supplies deemed by the federal
Centers for Medicare and Medicaid Services to be appropriate for
inclusion in the program.
   (9) In order to maximize the availability of federal financial
participation under this subdivision, the director shall have the
discretion to implement the Family PACT successor state plan
amendment retroactively to July 1, 2010.
   (ab) (1) Purchase of prescribed enteral nutrition products is
covered, subject to the Medi-Cal list of enteral nutrition products
and utilization controls.
   (2) Purchase of enteral nutrition products is limited to those
products to be administered through a feeding tube, including, but
not limited to, a gastric, nasogastric, or jejunostomy tube.
Beneficiaries under the Early and Periodic Screening, Diagnosis, and
Treatment Program shall be exempt from this paragraph.
   (3) Notwithstanding paragraph (2), the department may deem an
enteral nutrition product, not administered through a feeding tube,
including, but not limited to, a gastric, nasogastric, or jejunostomy
tube, a benefit for patients with diagnoses, including, but not
limited to, malabsorption and inborn errors of metabolism, if the
product has been shown to be neither investigational nor experimental
when used as part of a therapeutic regimen to prevent serious
disability or death.
   (4) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement the amendments to this subdivision made by
the act that added this paragraph by means of all-county letters,
provider bulletins, or similar instructions, without taking
regulatory action.
   (5) The amendments made to this subdivision by the act that added
this paragraph shall be implemented June 1, 2011, or on the first day
of the first calendar month following 60 days after the date the
department secures all necessary federal approvals to implement this
section, whichever is later.
   (ac) Diabetic testing supplies are covered when provided by a
pharmacy, subject to utilization controls.
  SEC. 206.  Section 14133.9 of the Welfare and Institutions Code is
amended to read:
   14133.9.  The implementation of prior authorization permitted by
subdivision (a) of Section 14133 shall be subject to all of the
following provisions:
   (a) The department shall secure a toll free phone number for the
use of providers of Medi-Cal services listed in Section 14132. For
providers, the department shall provide access to an individual
knowledgeable in the program to provide Medi-Cal providers with
information regarding available services. Access shall include a
toll-free phone number that provides reasonable access to that
person. The number shall be operated 24 hours a day, seven days a
week.
   (b) For major categories of treatment subject to prior
authorization, the department shall publicize and continue to develop
its list of objective medical criteria that indicate when
authorization should be granted. Any request meeting these criteria,
as determined by the department, shall be approved, or deferred as
authorized in subdivision (e) by specific medical information.
   (c) The objective medical criteria required by subdivision (d)
shall be adopted and published in accordance with the Administrative
Procedure Act, and shall be made available at appropriate cost.
   (d) When a proposed treatment meets objective medical criteria,
and is not contraindicated, authorization for the treatment shall be
provided within an average of five working days. When a treatment
authorization request is not subject to objective medical criteria, a
decision on medical necessity shall be made by a professional
medical employee or contractor of the department within an average of
five working days.
   (e) Notwithstanding the provisions of subdivisions (c) and (d),
the department shall adopt, by emergency regulations as provided by
this subdivision, a list of elective services that the director
determines may be nonurgent. In determining these services, the
department shall be guided by commonly accepted medical practice
parameters. Authorization for these services may be deferred for a
period of up to 90 days. In making determinations regarding these
referrals, the department may use criteria separate from, or in
addition to, those specified in subdivision (c). These deferrals
shall be determined through the treatment authorization request
process. When a proposed service is on the list of elective services
that the director determines may be considered nonurgent,
authorization for the service shall be granted or deferred within an
average of 10 working days. The State Department of Health Services
may adopt emergency regulations to implement this subdivision in
accordance with the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code). The initial adoption of emergency regulations
and one readoption of the initial regulations shall be deemed to be
an emergency and necessary for the immediate preservation of the
public peace, health and safety or general welfare. Initial emergency
regulations and the first readoption of those regulations shall be
exempt from review by the Office of Administrative Law. The emergency
regulations authorized by this subdivision shall be submitted to the
Office of Administrative Law for filing with the Secretary of State
and publication in the California Code of Regulations and shall
remain in effect for no more than 120 days.
    (f) Final decisions of the department on denial of requests for
prior authorization for inpatient acute hospital care shall be
reviewable upon request of a provider by a Professional Standards
Review Organization established pursuant to Public Law 92-603, or a
successor organization if either of the following applies:
   (1) The original decision on the request was not performed by a
Professional Standards Review Organization, or its successor
organization.
   (2) The original decision on the request was performed by a
Professional Standards Review Organization, or its successor
organization, and the original decision was reversed by the
department. The department shall contract with one or more of these
organizations to, among other things, perform the review function
required by this subdivision. The review performed by the contracting
organization shall result in a finding that the department's
decision is either appropriate or unjustified, in accordance with
existing law, regulation, and medical criteria. The cost of each
review shall be borne by the party that does not prevail.
   The decision of this body shall be reviewable by civil action.
    (g) This section, and any amendments made to Section 14103.6 by
Assembly Bill 2254 of the 1985-86 Regular Legislative Session, shall
not apply to treatment or services provided under contracts awarded
by the department under which the contractor agrees to assume the
risk of utilization or costs of services.
  SEC. 207.  Section 14161 of the Welfare and Institutions Code is
amended to read:
   14161.  Carriers and providers of Medi-Cal benefits shall be
required to utilize uniform accounting and cost-reporting systems as
shall be developed and adopted by the department. If any other
provision of law provides for uniform accounting and cost-reporting
systems for hospitals, the department shall adopt these systems.
   Carriers and providers of Medi-Cal benefits shall provide cost
information to the department as is necessary in order to conduct
studies to determine payment for services provided under this
chapter, including but not limited to copies of any Medicare cost
reports and settlements, and any Medicare audit reports.
   Failure to comply with the provisions of this section shall be
cause for suspension from participation under this chapter.
   The department shall conduct such studies as necessary to
determine payments for services provided under this chapter.
  SEC. 208.  Section 14521.1 of the Welfare and Institutions Code is
amended to read:
   14521.1.   If a conflict exists between existing regulations and
adult day health care laws in effect on and after January 1, 2007,
the department shall, until new regulations are adopted, issue
guidance to adult day health care providers through provider
bulletins to clarify the adult day health care laws and regulations
that are in effect.
  SEC. 209.  Section 14701 of the Welfare and Institutions Code is
amended to read:
   14701.  (a) The State Department of Health Care Services, in
collaboration with the State Department of Mental Health and the
California Health and Human Services Agency, shall create a state
administrative and programmatic transition plan, either as one
comprehensive transition plan or separately, to guide the transfer of
the Medi-Cal specialty mental health managed care and the EPSDT
Program to the State Department of Health Care Services effective
July 1, 2012.
   (1) Commencing no later than July 15, 2011, the State Department
of Health Care Services, together with the State Department of Mental
Health, shall convene a series of stakeholder meetings and forums to
receive input from clients, family members, providers, counties, and
representatives of the Legislature concerning the transition and
transfer of Medi-Cal specialty mental health managed care and the
EPSDT Program. This consultation shall inform the creation of a state
administrative transition plan and a programmatic transition plan
that shall include, but is not limited to, the following components:
   (A) Plan shall ensure it is developed in a way that continues
access and quality of service during and immediately after the
transition, preventing any disruption of services to clients and
family members, providers and counties and others affected by this
transition.
   (B) A detailed description of the state administrative functions
currently performed by the State Department of Mental Health
regarding Medi-Cal specialty mental health managed care and the EPSDT
Program.
   (C) Explanations of the operational steps, timelines, and key
milestones for determining when and how each function or program will
be transferred. These explanations shall also be developed for the
transition of positions and staff serving Medi-Cal specialty mental
health managed care and the EPSDT Program, and how these will relate
to, and align with, positions at the State Department of Health Care
Services. The State Department of Health Care Services and the
California Health and Human Services Agency shall consult with the
Department of Personnel Administration in developing this aspect of
the transition plan.
   (D) A list of any planned or proposed changes or efficiencies in
how the functions will be performed, including the anticipated fiscal
and programmatic impacts of the changes.
   (E) A detailed organization chart that reflects the planned
staffing at the State Department of Health Care Services in light of
the requirements of subparagraphs (A) through (C) and includes
focused, high-level leadership for behavioral health issues.
   (F) A description of how stakeholders were included in the various
phases of the planning process to formulate the transition plans and
a description of how their feedback will be taken into consideration
after transition activities are underway.
   (2) The State Department of Health Care Services, together with
the State Department of Mental Health and the California Health and
Human Services Agency, shall convene and consult with stakeholders at
least twice following production of a draft of the transition plans
and before submission of transition plans to the Legislature.
Continued consultation with stakeholders shall occur in accordance
with the requirement in subparagraph (F) of paragraph (1).
  SEC. 210.  Section 18901.2 of the Welfare and Institutions Code is
amended to read:
   18901.2.  (a) It is the intent of the Legislature to create a
program in California that provides a nominal Low-Income Home Energy
Assistance Program (LIHEAP) service benefit, through the LIHEAP block
grant, to all recipient households of CalFresh so that they are made
aware of services available under LIHEAP and so that some households
may experience an increase in federal Supplemental Nutrition
Assistance Program benefits, as well as benefit from paperwork
reduction.
   (b) To the extent permitted by federal law, the State Department
of Social Services (DSS) shall, in conjunction with the Department of
Community Services and Development (CSD), design, implement, and
maintain a utility assistance initiative: the "Heat and Eat" program.

   (1) The nominal LIHEAP service benefit shall be funded through the
LIHEAP block grant provided by the CSD to the DSS upon receipt by
the CSD of the LIHEAP block grant funds from the federal funding
authorities.
   (2) The total amount transferred shall be the product of the
nominal LIHEAP service benefit established by the CSD in the LIHEAP
state plan multiplied by the number of CalFresh recipient households
as agreed upon annually by the CSD and the DSS.
    (3) The total amount transferred shall be reduced by any
unexpended or reinvested amounts remaining from prior transfers for
the nominal LIHEAP service benefits as provided in subparagraph (C)
of paragraph (1) of subdivision (c).
   (c) In implementing and maintaining the utility assistance
initiative, the State Department of Social Services shall do all of
the following:
   (1) (A) Grant all recipient households of CalFresh benefits
pursuant to this chapter a nominal LIHEAP service benefit out of the
federal LIHEAP block grant (42 U.S.C. Sec. 8261 et seq.).
   (B) In establishing the nominal LIHEAP service benefit amount, the
department shall take into consideration that the benefit level need
not provide significant utility assistance.
   (C) Any funds allocated for this purpose not expended by CalFresh
recipient households shall be recouped through the "Heat and Eat"
program and reinvested into the program on an annual basis as
determined by both departments.
   (2) Provide the nominal LIHEAP service benefit without requiring
the applicant or recipient to provide additional paperwork or
verification.
   (3) To the extent permitted by federal law and to the extent
federal funds are available, provide the nominal LIHEAP service
benefit annually to each recipient of CalFresh benefits.
   (4) Deliver the nominal LIHEAP service benefit using the
Electronic Benefit Transfer (EBT) system or other nonpaper delivery
system.
   (5) Ensure that receipt of the nominal LIHEAP service benefit
pursuant to this section shall not disqualify the applicant or
recipient of CalFresh benefits from receiving other nominal LIHEAP
service benefits or other utility benefits for which they qualify.
   (d) Recipients of the nominal LIHEAP service benefit pursuant to
this section shall remain subject to the additional eligibility
requirements for LIHEAP assistance as outlined in the California
LIHEAP state plan, developed by the CSD.
   (e) To the extent permitted by federal law, a CalFresh household
receiving or anticipating receipt of nominal LIHEAP service benefits
pursuant to the utility assistance initiative or any other law shall
be entitled to use the full standard utility allowance (SUA) for the
purposes of calculating CalFresh benefits. A CalFresh household shall
be entitled to use the full SUA regardless of whether the nominal
LIHEAP service benefit is actually redeemed.
   (f) The department shall implement the initiative by January 1,
2013.
  SEC. 211.  Section 18993.8 of the Welfare and Institutions Code is
amended to read:
   18993.8.  The department shall conduct a statewide independent
evaluation of the program, assessing the program's effectiveness in
achieving stated outcomes as established by the department. The
evaluation shall be performed only when for this purpose funds are
appropriated in the annual Budget Act.
  SEC. 212.  Section 19106 of the Welfare and Institutions Code is
repealed.
  SEC. 213.  Section 2 of Chapter 1133 of the Statutes of 1984, as,
which amended Section 3 of the Statutes of 1984, is amended to read:
  Sec. 2.  Pursuant to its authority to examine factors for the
distribution of proceeds of bonds authorized by the County Jail
Capital Expenditure Bond Act of 1981 (Title 4.5 (commencing with
Section 4400) of Part 3 of the Penal Code) as set forth in Section
4415 of the Penal Code, and pursuant to its authority to establish
criteria for the availability of funds pursuant to the County Jail
Capital Expenditure Bond Act of 1984 (Title 4.6 (commencing with
Section 4450) of Part 3, Penal Code) as set forth in Section 4465 of
the Penal Code, the Legislature establishes the following plan for
the allocation of funds in the County Jail Capital Expenditure Fund
established by Section 4412 of the Penal Code and the County Jail
Capital Expenditure Fund established by Section 4462 of the Penal
Code:
   (a) Each county shall be required to pay 25 percent of the
eligible project costs of its projects. However, the Director of
Finance, after conferring with the Board of Corrections, has the
authority to waive all or a portion of a county's match if the
director concludes that a savings will result to the state from a
county's not taking all of its maximum augmented allocation as set
forth in subdivision (d), and as long as this does not result in the
board being unable to fund any county's allocations under subdivision
(c). The director may approve a match reduction on terms that he or
she deems appropriate.
   For the purposes of this section, "eligible project costs" shall
mean those reasonable and necessary costs attendant to the
construction of local jails, as may be defined by regulation by the
Board of Corrections, as set forth in Sections 512 and 514 of Title
15 of the California Administrative Code, as it may be amended from
time to time.
   (b) The Board of Corrections shall enter into contracts for
funding of projects approved by the board when the county is ready to
proceed with construction. The county shall be deemed ready to
proceed when it has done all of the following:
   (1) Filed a final notice of determination on its environmental
impact report.
   (2) Certified that the county owns or has assured long-term
possession of the site for the construction project.
   (3) Received approval for compliance with minimum jail standards
by the Board of Corrections and for compliance with fire safety
regulations by the State Fire Marshal of the plans, specifications,
and working drawings for the facility to be constructed or renovated.

   (4) Received written approval from the board for any substantial
revision of its statement of jail needs or planned construction.
   (5) Received construction bids from contractors.
   Construction shall be initiated within a reasonable time after the
receipt of bids and shall proceed expeditiously, or the contract
between the State of California and the county shall become void. The
Board of Corrections shall by regulation, define what shall be a
reasonable time for this purpose.
   If the board concludes that a county's proposed construction or
renovation contains serious design deficiencies which, while they
would not require a refusal to enter into the contract, would
seriously impair the facility's functions, it shall notify the
sheriff and the board of supervisors of that county of the
deficiencies at least one month prior to entering into a contract
with that county. This letter shall be a public record.
   The Board of Corrections shall not enter into contracts for
amounts which would, if encumbered, exceed the balance remaining in
both County Jail Capital Expenditure Funds established by Sections
4412 and 4462 of the Penal Code. The Board of Corrections shall
administer and disburse funds under this act pursuant to its existing
rules and regulations, as they may be amended from time to time,
which are not inconsistent with this act.
   Nothing in this act shall be deemed to forbid fast track
construction procedures. At the county's request, the Board of
Corrections shall enter into contractual commitments for the amount
authorized in subdivision (c) when a county employing fast track
procedures begins the initial construction phase. However, the Board
of Corrections may make these full contractual commitments contingent
upon necessary subsequent approvals of plans and specifications, as
identified in this subdivision, and upon timely completion of phased
construction. The Board of Corrections shall require environmental
impact and site ownership or long term occupancy certifications, as
identified in this subdivision, prior to entering into contractual
commitments.
   (c) The following projects shall be funded, subject to the
provisions of this act, up to the maximum for each county as set
forth in this subdivision.
   Each county is assured the amount necessary to complete its
project or projects as approved by the board as outlined in this
subdivision, up to the maximum amount listed in this subdivision.
Unexpended funds, due to lower construction costs, revisions or
reduction in plans, or other changes mutually agreed upon by the
county and the board, shall revert to the County Jail Capital
Expenditure Fund for use in funding other projects of other counties
provided for in this subdivision until all counties are provided for.

   (1) The 27 county projects listed below for which the Board of
Corrections in its allocation of February 16, 1984, pursuant to the
County Jail Capital Expenditure Bond Act of 1981, approved an
allocation of one million dollars ($1,000,000) or less for each
county shall be authorized to be funded up to the following approved
allocation:
Butte .......... $ 1,000,000
Calaveras ......   283,383
Del Norte ......   125,000
Glenn ..........  1,000,000
Humboldt .......   471,067
Inyo ...........  1,000,000
Marin ..........   857,886
Mariposa .......   250,670
Mendocino ......  1,000,000
Mono ...........  1,000,000
Monterey .......   959,475
Napa ...........  1,000,000
Nevada .........   900,200
Placer .........   736,275
Plumas .........   900,000
San Benito .....   100,000
San Francisco ..  1,000,000
San Joaquin ....  1,000,000
San Luis Obispo    487,707
................
Santa Barbara ..  1,000,000
Santa Cruz .....   340,500
Sierra .........   125,000
Siskiyou .......  1,000,000
Sonoma .........  1,000,000
Stanislaus .....   933,000
Tuolumne .......   922,100
Yuba ...........   355,233


   (2) For the counties specified in this paragraph, the Board of
Corrections shall determine for each county which project is the
first priority project for the county based upon projects submitted
by those counties to the board in 1983. Each of the following
counties shall be funded up to the following allocation for its first
priority project:
El Dorado .... $ 11,194,500
Fresno .......  26,532,476
Kern .........  23,913,886
Kings ........   1,697,200
Merced .......   3,805,296
Riverside ....  29,500,000
San Diego       19,227,226
.....


   (3) Each of the following counties shall be funded up to the
following allocation for the first priority project or first-priority
projects submitted by it to the Board of Corrections in 1983:
Alameda ..... $ 84,100,000
Contra Costa   36,570,521
.............
Los Angeles .  96,000,000
Madera ......   8,512,500
Orange ......  50,193,087
Sacramento ..  62,025,000
San Mateo ...   8,178,100
Santa Clara .  46,014,000
Solano ......  19,677,000
Tulare ......  17,079,300
Ventura .....   5,480,795
Yolo ........   9,892,500


   Because two projects submitted by Los Angeles County are
considered first-priority projects in meeting that county's critical
jail needs, both shall be deemed first-priority projects under this
definition. The same shall apply to the three projects submitted by
San Mateo County.
   (4) Funding for San Bernardino County shall be determined after
that county submits its application for its first-priority project
and after that county's application has been examined using the same
guidelines applied to the applications of counties listed in
paragraphs (1), (2), and (3) which were submitted to the Board of
Corrections in November of 1983. San Bernardino County shall have a
maximum authorization of fifteen million dollars ($15,000,000).
   (5) Lake County and Lassen County shall follow the same procedure
set forth in paragraph (4) and shall be permitted to apply for
funding not to exceed one million dollars ($1,000,000) each.
   (6) Funding of up to three million four hundred eighty-nine
thousand three hundred thirty-eight dollars ($3,489,338) is
authorized, subject to annual Budget Act appropriations, for any
costs associated with the sale of bonds and any administrative costs
incurred by the Board of Corrections.
   (d) In addition to the allocations required by subdivision (c),
the Board of Corrections is authorized to make additional allocations
to projects included in the 1983 application or new application of
counties specified in paragraphs (4) and (5) of subdivision (c) and
to counties specified in this subdivision if the allocations would
not result in any counties not receiving their allocations required
under subdivision (c), subject to the requirements of subdivision
(f), but in no case shall the total allocation exceed the following
amounts:
      Large County Projects: Maximum
(1)  Augmented Allocation If Extra
      Funds Become Available
      Alameda ...........$     84,100,000
      Contra Costa ............36,600,000
      El Dorado ...............17,500,000
      Fresno ..................28,200,000
      Kern ....................26,500,000
      Kings ....................2,400,000
      Los Angeles ............148,800,000
      Madera ...................8,513,000
      Merced ...................4,200,000

           Orange ..................50,200,000
      Riverside ...............31,542,000
      Sacramento ..............62,025,000
      San Bernardino ..........30,000,000
      San Diego ...............22,500,000
      San Mateo ................8,200,000
      Santa Clara .............46,027,000
      Solano ..................19,700,000
      Tulare ..................17,100,000
      Ventura ..................5,500,000
      Yolo .....................9,893,000
      Small County Projects: Maximum
(2)  Augmented Allocation if Extra
      Funds Become Available
      Butte ...................$1,085,300
      Calaveras ..................283,383
      Del Norte ..................125,000
      Glenn ....................1,670,011
      Humboldt ...................655,683
      Inyo .....................1,003,500
      Marin ......................857,886
      Mariposa ...................250,708
      Mendocino ................1,875,000
      Mono .....................1,209,241
      Monterey ...................959,475
      Napa .....................1,003,500
      Nevada .....................900,150
      Sierra .....................125,587
      Placer .....................736,275
      Plumas .....................900,000
      San Benito .................100,500
      San Francisco ............1,590,075
      San Joaquin ..............2,187,545
      San     Luis Obispo ........696,973
      Santa Barbara ............1,500,000
      Santa Cruz .................488,250
      Siskiyou .................2,181,750
      Sonoma ...................4,500,000
      Stanislaus .................933,000
      Tuolumne ...................922,125
      Yuba .......................355,233
      Other county projects to be
      disbursed pursuant to rules and
      regulations established by the
(3)  Board of Corrections to counties
      which made small project
      applications under the County Jail
      Capital Expenditure Bond Act of
      1981....................$19,200,000


   (e) At the request of a county, the board shall have authority to
revise projects approved for a county, as provided in the board's
February 1984, listing and as provided for in subdivision (c), if one
or more of the following situations exist:
   (1) Natural or manmade disasters, such as fire, flood, or
earthquake, have seriously damaged or destroyed the county's jail
facilities.
   (2) Court orders seriously affecting jail population needs or
housing have been issued after February 1984.
   (3) The request of a county to revise its plans and priorities
will result in an improved ability to meet jail needs or lower costs.

   (4) Undue hardships or operational difficulties would result if
original plans, as approved by the board in February 1984, are
adhered to.
   The funding for such a change may not exceed that listed in
subdivision (c), unless there is legislative approval and a special
appropriation.
   Extra funding requests shall be submitted by the board in bill
form once yearly in January, except in cases of emergency.
   (f) Forty million dollars ($40,000,000) in earned interest on
proceeds from the sale of bonds, plus unexpended funds from approved
projects, shall be also allocated for the funding of projects
specified in subdivision (c) or authorized by the Board of
Corrections pursuant to subdivision (e), but not to exceed a county's
maximum allocation under subdivision (c).
   Following full funding for commitments in subdivision (c), any
additional interest in excess of this amount, any unexpended funds,
and any future bond issues for jail construction, or other fund
sources that shall become available, shall be allocated first to Los
Angeles County to a maximum of twenty-nine million dollars
($29,000,000), and then a maximum of nine million dollars
($9,000,000) to augment small county projects described in paragraph
(1) of subdivision (c) for those counties that were not funded for 75
percent of project cost in the allocations of the Board of
Corrections in February of 1984.
   Available funds in excess of that described above in this
subdivision shall be allocated by the board to the following counties
specified in paragraph (2) of subdivision (c) which have had to
postpone secondary or lesser projects originally approved by the
board in its February, 1984, listing: El Dorado, Fresno, Merced,
Riverside, San Diego, Kings, and Kern. The board shall review these
postponed projects at the time funding becomes available to ascertain
that they still fit in with the needs of these counties and may make
revisions commensurate with funding available at that time.
   Any remaining funds available after funding of projects described
in this subdivision shall be allocated to other county projects to be
disbursed pursuant to rules and regulations established by the Board
of Corrections to counties which made small project applications
under the County Jail Capital Expenditure Bond Act of 1981, to a
total maximum amount not to exceed that provided in paragraph (3) of
subdivision (d) and for counties' projects, up to the maximums
specified in subdivision (d) under a system approved by the Board of
Corrections.
   (g) Within 60 days after this act becomes effective, the
Department of Finance shall review the adequacy and appropriateness
of the board's fiscal and contract regulations governing disbursement
of funds and monitoring of projects once the projects are funded.
These regulations address eligible cost issues, matching fund
requirements, and contract management provisions. Following these
consultations, the board shall determine whether changes in
regulations or administrative policies may be necessary or desirable.

   Counties shall have the right of appeal to the Department of
Finance regarding the regulations promulgated pursuant to this
subdivision or interpretations thereof. The department's authority in
these appeals shall be limited to advisory recommendations, which
shall be provided to the board and the county within 45 days after an
appeal is submitted by the county to the department.
   (h) The Board of Corrections shall provide funding at the earliest
opportunity to Sacramento and other counties that are ready to
proceed with construction.
  SEC. 214.  Section 3 of Chapter 1397 of the Statutes of 1988 is
repealed.
  SEC. 215.  Section 1 of Chapter 1436 of the Statutes of 1988 is
amended to read:
  Section 1.  Notwithstanding Sections 13340 and 16361 of the
Government Code, and to the extent permitted by federal law, the sum
of twenty-five million two hundred eighty-five thousand dollars
($25,285,000) of the money in the Federal Trust Fund, created
pursuant to Section 16360 of the Government Code, received by the
state either from federal oil overcharge funds in the petroleum
violations escrow account, as defined by Section 155 of the Further
Continuing Appropriations Act of 1983 (Public Law 97-377) or by any
other federal law, or from federal oil overcharge funds available
pursuant to court judgments or federal agency orders, is hereby
appropriated for allocation as follows:
   (a) Twenty million dollars ($20,000,000) to the Department of
Economic Opportunity to be used over a three-year period as follows:
   (1) Ten million dollars ($10,000,000) for the Energy Crisis
Intervention Program provided under subdivision (d) of Section
16367.5 of the Government Code, to be allocated for pilot projects
which are designed to provide program services aimed at increasing
the self-sufficiency of low-income persons. The department shall, as
soon as practicable, enter into contracts with nonprofit community
action agencies and community-based organizations eligible to
administer energy crisis intervention program funds, and shall
require contractors receiving funds under this paragraph to conduct
pilot projects, as determined to be appropriate by the department,
involving one or more of the following:
   (A) Establishment of a mandatory referral system of energy crisis
intervention program recipients to the department's weatherization
program.
   (B) Development of a copayment plan to require energy crisis
intervention program applicants to pay for a portion of the
delinquent energy bill, or assisting clients with arranging for an
affordable payment plan.
   (C) Development of a process to assist energy crisis intervention
applicants to enter into agreements with energy utility companies to
pay their utility bills in levelized payments throughout the year.
   (D) Development of a program to maximize the number of clients
served during the year by employing methods including limiting
assistance to one time per year per client.
   (E) Establishment of an education program to provide information
to energy crisis intervention program clients which would promote
long-term reductions in utility bills.
   (F) Establishment of procedures to eliminate any person from
receiving energy crisis intervention program assistance for a
current, as opposed to a delinquent, utility bill. Department
contracts for implementing the pilot projects set forth in
subparagraphs (A) to (F), inclusive, shall include provisions for
providing special consideration or exemptions for senior citizens,
for persons with life-threatening medical conditions, and for other
severely handicapped individuals who would suffer substantial
hardship if compelled to comply with this paragraph.
   (2) Ten million dollars ($10,000,000) for the home energy
assistance program provided under subdivision (e) of Section 16367.5
of the Government Code.
   (b) Five million two hundred eighty-five thousand dollars
($5,285,000) to the State Energy Resources Conservation and
Development Commission to be used as follows:
   (1) Four million dollars ($4,000,000) to be used for the
Institutional Conservation Program, Schools and Hospitals Grants
Program, to furnish up to 50 percent matching grant funds for
technical assistance studies and the installation of energy
efficiency measures in public and nonprofit private schools and
hospitals.
   (2) One million dollars ($1,000,000) to be deposited in the Energy
Technologies Research, Development, and Demonstration Account in the
General Fund to be used to carry out new energy technology
demonstration contract research projects pursuant to Chapter 7.8
(commencing with Section 25680) of Division 15 of the Public
Resources Code.
   (3) Two hundred eighty-five thousand dollars ($285,000) to
establish an intervenor award program, administered by the commission'
s Public Advisor, to provide intervenors facing financial hardship
with reasonable awards to pay for the costs of participating in
commission proceedings other than those conducted under Chapter 6
(commencing with Section 25500) of Division 15 of the Public
Resources Code. The commission and the Public Advisor shall implement
the intervenor award program within eight months after receipt of
these funds, and shall report to the Legislature on the program's
status within two years after receipt of the funds.
  SEC. 216.  Resolution Chapter 173 of the Statutes of 1989 is
repealed.
  SEC. 217.  Resolution Chapter 12 of the Statutes of 1990 is
repealed.
  SEC. 218.  Section 5 of Chapter 585 of the Statutes of 1993 is
amended to read:
  Sec. 5.  (a) The Department of Corrections is hereby authorized to
construct and establish a secure substance abuse treatment facility
for minimum and medium security inmates at a location to be
determined by the department.
   (b) Only inmates who have a history of substance abuse shall be
housed in the secure substance abuse treatment facility. The
department shall give priority to housing inmates in the facility who
the department determines meet all of the following criteria:
   (1) The inmate desires to participate in substance abuse
treatment.
   (2) The inmate is incarcerated for crimes in which substance abuse
was a contributing factor.
   (3) The inmate has sufficient time remaining on his or her
commitment to complete a full substance abuse treatment program while
incarcerated.
   (c) The secure substance abuse treatment facility shall be a
minimum and medium security facility and shall house only inmates
determined to be either Level I or Level II security levels as
determined by the department's inmate classification system. The
facility shall be designed specifically to provide intensive
substance abuse treatment to all inmates housed in the facility.
   (d) All inmates housed in the secure substance abuse treatment
facility shall receive comprehensive substance abuse treatment.
Treatment shall be multifaceted and highly structured with clearly
defined rules and explicit expectation with regard to inmate
behavior. Programs shall reinforce positive behavior and encourage
inmates to develop social skills through limited self-government
within treatment groups. Treatments shall include, but not be limited
to, individual and group substance abuse counseling and workshops,
victim awareness, academic and vocational education, physical
fitness, drug testing, and planning for successful and sober reentry
upon parole. The existing institutional treatment components of the
Right-Turn Program at the R.J. Donovan Correctional Facility and the
Female Offender Substance Abuse Program at the California Institute
for Women and their aftercare components shall serve as models for
these treatment programs.
   (e) The same range and intensity of treatment services shall be
available to inmates whenever the facility is operated at a level
that is greater than its designed bed capacity.
   (f) The department shall monitor the progress of parolees released
from the secure substance abuse treatment facility.
  SEC. 219.  Section 3 of Chapter 1030 of the Statutes of 1993 is
amended to read:
  Sec. 3.  (a) The State Department of Health Services shall convene
a workgroup to address the policy issues related to the development
of a pediatric service continuum. The workgroup shall seek input from
clinicians and other interested and knowledgeable parties, and shall
develop emergency regulations and a reimbursement structure for
services to technology dependent children with special needs no later
than April 1, 1994.
   (b) The department shall continue the efforts of the workgroup
beyond April 1, 1994, to address the policy issues related to the
development of other services necessary to define and provide a
pediatric service continuum that addresses the needs of other
children with special health care needs. Those services, subject to
the availability of federal financial participation, may include, but
are not limited to, the provision of pediatric day health and
respite care facility services, as defined in Section 1760.2 of the
Health and Safety Code, and congregate living health facility
services, as defined in subdivision (i) of Section 1250 of the Health
and Safety Code.
  SEC. 220.  Section 1 of Chapter 452 of the Statutes of 1996 is
repealed.
  SEC. 221.  Section 1 of Chapter 561 of the Statutes of 1997 is
amended to read:
  Section 1.  (a) It is the intent of the Legislature in enacting
this act to establish a pilot project relative to group homes, for
the purpose of reducing complaints to the State Department of Social
Services, by encouraging residents to work with group home operators
to resolve concerns. The pilot project shall be limited to San
Bernardino County.
   (b) It is further the intent of the Legislature that the pilot
project be designed to measure the increase or decrease in complaints
to the Inland Empire Office-Residential of the State Department of
Social Services about group homes located in San Bernardino County,
as a result of the pilot project.
   (c) The pilot project shall be deemed successful if, at the
conclusion of the pilot project, monthly complaints to the Inland
Empire Office-Residential of the State Department of Social Services
about group homes located in San Bernardino County have been reduced
by at least 10 percent, compared to the number of complaints that
were received prior to the initiation of the pilot project.
   (d) For purposes of this act, "group home" means any facility of
any capacity that provides 24-hour nonmedical care and supervision to
children in a structured environment with the services provided at
least in part by staff employed by the licensee.
   (e) This act shall not apply to family homes certified by foster
family agencies, foster family homes, and small family homes. It is
not the intent of the Legislature that this act be applied in a
discriminatory manner.
   (f) The pilot project established by this act shall terminate on
January 1, 2001.
  SEC. 222.  Section 4 of Chapter 1299 of the Statutes of 1992, as
amended by Sections 3 of Chapter 751 of the Statutes of 1997, is
repealed.
  SEC. 223.  Section 8 of Chapter 329 of the Statutes of 2000 is
amended to read:
  Sec. 8.  The sum of fifty-seven million five hundred thousand
dollars ($57,500,000) is hereby appropriated from the General Fund to
the State Controller for the following purposes:
   (a) Five million two hundred thousand dollars ($5,200,000) to fund
temporary staff resources, including, but not limited to, limited
term positions, not to exceed four years, at the Energy Resources
Conservation and Development Commission, the agencies, boards, and
departments within the California Environmental Protection Agency,
and the Resources Agency, with jurisdiction over electrical
powerplant siting and conservation and demand side management
programs, for the exclusive purpose of implementing programs pursuant
to this act.
   (b) It is the intent of the Legislature that these funds for staff
resources be expended exclusively to implement programs that achieve
the maximum feasible cost-effective energy conservation and
efficiency while providing the necessary staff resources to expedite
siting of electrical powerplants that meet the criteria established
pursuant to the act adding this section.
   (c) Two million three hundred thousand dollars ($2,300,000) to the
Public Utilities Commission, to fund temporary staff resources,
including limited term positions not to exceed four years, and to
implement the programs established pursuant to this act.
   (d) Fifty million dollars ($50,000,000) to the Energy Resources
Conservation and Development Commission, to implement cost-effective
energy conservation and demand-side management programs established
pursuant to Section 25555 of the Public Resources Code, as enacted by
this act. The commission shall prioritize conservation and
demand-side management programs funded pursuant to this subdivision
to ensure that those programs that achieve the most immediate and
cost-effective energy savings are undertaken as a first priority.
  SEC. 224.  Section 2 of Chapter 790 of the Statutes of 2000 is
amended to read:
  Sec. 2.  Notwithstanding the repeal of Division 10.5 (commencing
with Section 12200) of the Public Resources Code on January 1, 2007,
by Section 12291 of the Public Resources Code, the Department of
Forestry and Fire Protection shall provide for monitoring of
conservation easements purchased pursuant to former Division 10.5
(commencing with Section 12200) of the Public Resources Code in order
to assess the condition of resources being protected, and to ensure
that the terms of the easement are being met pursuant to a given
conservation easement.
  SEC. 225.  Section 51 of Chapter 171 of the Statutes of 2001 is
repealed.
  SEC. 226.  Section 5 of Chapter 7 of the Statutes of 2001, First
Extraordinary Session, is amended to read:
  Sec. 5.  In order to achieve a total reduction in peak electricity
demand of not less than 2,585 megawatts, the sum of seven hundred
eight million nine hundred thousand dollars ($708,900,000) is hereby
appropriated from the General Fund to the Controller for allocation
according to the following schedule:
   (a) In order to achieve a reduction in peak electricity demand and
meet urgent needs of low-income households, two hundred forty-six
million three hundred thousand dollars ($246,300,000) for allocation
by the Public Utilities Commission for the customers of electric and
gas corporations subject to commission jurisdiction, to be expended
in the following amounts:
   (1) Fifty million dollars ($50,000,000) to encourage the purchase
of energy efficient equipment, and retirement of inefficient
appliances and improvements in the efficiency of high-efficiency
heating, ventilating, and air-conditioning (HVAC) equipment
insulation or other efficiency measures. Any funds expended pursuant
to this paragraph for the purchase of refrigerators, air-conditioning
equipment, and other similar residential appliances shall be
expended pursuant to the following criteria:
   (A) Priority for the expenditure of funds shall be given for the
purchase or retirement of those appliances in low- and
moderate-income households, and for the replacement of the oldest and
least efficient appliances.
   (B) Any retirement of residential equipment and appliances
undertaken pursuant to this paragraph shall be undertaken in a manner
that protects public health and the environment. Nothing in this
paragraph affects the requirements of Article 10.1 (commencing with
Section 25211) of Chapter 6.5 of Division 20 of the Health and Safety
Code and Chapter 3.5 (commencing with Section 42160) of Part 3 of
Division 30 of the Public Resources Code.
   (2) One hundred million dollars ($100,000,000) to provide
immediate assistance to electric or gas utility customers enrolled
in, or eligible to be enrolled in, the California Alternative Rates
for Energy (CARE) Program established pursuant to Section 739.1 of
the Public Utilities Code. Funds appropriated pursuant to this
paragraph shall be expended to increase and supplement CARE discounts
and to increase enrollment in the CARE program. These funds shall be
available to assist those customers enrolled or eligible for CARE
who are on payment arrangements or have current or pending overdue
notices due to increases in energy rates. Not more than 10 percent of
the funds appropriated in this subdivision shall be allocated for
mass marketing to increase enrollment. The funding provided in this
subdivision is intended to supplement, but not replace,
surcharge-generated revenues utilized to fund the CARE program.
   (3) Twenty million dollars ($20,000,000) to augment funding for
low-income weatherization services provided pursuant to Section 2790
of the Public Utilities Code, and to fund other energy efficient
measures to assist low-income energy users.
   (4) Sixteen million three hundred thousand dollars ($16,300,000)
for high-efficiency and ultra-low-polluting pump and motor retrofits
for oil or gas, or both, producers and pipelines. For the purposes of
this paragraph, "ultra low polluting" means retrofit equipment which
exceeds the requirements for best available control technology
within the air district in which the pump or motor is located.
   (5) Sixty million dollars ($60,000,000) to provide incentives to
encourage replacement of low-efficiency lighting with high-efficiency
lighting systems.
   (b) In order to achieve a reduction in peak electricity demand,
two hundred eighty-two million six hundred thousand dollars
($282,600,000) to the State Energy Resources Conservation and
Development Commission (hereafter the Energy Commission), to be
expended in the following amounts for the following purposes:
   (1) Sixty million dollars ($60,000,000) for allocation by the
Energy Commission to locally owned public utilities for energy
efficiency, peak demand reduction, and low income assistance measures
in the service areas of the locally owned public utilities analagous
to those measures and programs funded in the service areas of the
electric and gas corporations subject to the jurisdiction of the
Public Utilities Commission pursuant to subdivision (a).
   To the extent that any of the funds allocated to the locally owned
public utilities are used to encourage the purchase of energy
efficiency equipment and retirement of inefficient appliances and
improvements in the efficiency of high-efficiency heating,
ventilating, and air-conditioning (HVAC) equipment insulation, and
other efficiency measures, funds expended pursuant to this paragraph
for the purchase of refrigerators, air-conditioning equipment, and
other similar residential appliances shall be expended pursuant to
the following criteria:
   (i) Priority for expenditure of funds shall be given for the
purchase of those appliances in low- and moderate-income households,
and for the replacement of the oldest and least efficient appliances.

   (ii) Any retirement of residential equipment and appliances
undertaken pursuant to this paragraph shall be undertaken in a manner
that protects public health and the environment. Nothing in this
paragraph affects the requirements of Article 10.1 (commencing with
Section 25211) of Chapter 6.5 of Division 20 of the Health and Safety
Code and Chapter 3.5 (commencing with Section 42160) of Part 3 of
Division 30 of the Public Resources Code.
   (2) Thirty-five million dollars ($35,000,000) to implement
programs to improve demand-responsiveness in heating, ventilation,
air-conditioning, lighting, advanced metering of energy usage, and
other systems in buildings. Of the amount appropriated pursuant to
this paragraph, ten million dollars ($10,000,000) shall be used to
encourage the purchase and installation of advanced metering and
telemetry equipment for agricultural and water pumping customers in
order to improve load management and demand responsiveness techniques
particularly applicable to this sector.
   (3) Thirty-five million dollars ($35,000,000) to implement a
low-energy usage building materials program, and other measures to
lower air-conditioning usage in schools, colleges, universities,
hospitals, and other nonresidential buildings. These funds shall not
be available for community college facilities if Assembly Bill 29 of
the First Extraordinary Session is enacted, becomes effective, and
provides funding for energy efficiency measures to the community
college from the Proposition 98 Reversion Account.
   (4) Fifty million dollars ($50,000,000) to implement a program to
encourage third parties to implement innovative peak demand reduction
measures.
   (A) Of the amount appropriated pursuant to this paragraph, ten
million dollars ($10,000,000) shall be used for the California
Agricultural Pump Energy Program to facilitate the efficiency testing
of existing agricultural water pumps and to provide incentives for
the retrofitting of pumps to increase efficiency as necessary. Up to
one million dollars ($1,000,000) of those funds shall be used for
grants to local public agencies to enhance and expedite the testing
of agricultural water pumps.
                   (B) Of the amount appropriated pursuant to this
paragraph, not more than one million dollars ($1,000,000) shall be
expended by the commission to fund one-time startup costs for
innovative voluntary programs to reduce air emissions through energy
conservation and related actions pursuant to programs authorized by
law in effect on the effective date of this act.
   (5) Seventy-five million dollars ($75,000,000) to implement
programs to reduce peak load electricity usage, encourage bio-gas
digestion power production technologies, enhance conservation and
encourage the use of alternative fuels, including, but not limited to
instate natural gas resources for the agricultural and water pumping
sector. These funds shall be allocated by the Energy Commission, in
the form of rebates or grants, in the following amounts for the
following purposes:
   (A) Forty-five million dollars ($45,000,000) to encourage the
purchase of high efficiency electrical agricultural equipment,
installed, on or after January 1, 2001, and incentives for overall
electricity conservation efforts. Eligible equipment shall include,
but not be limited to, lighting, refrigeration, or cold storage
equipment. Any agricultural energy conservation incentive program
shall recognize the increased demand due to currently reduced water
supply conditions.
   (B) Fifteen million dollars ($15,000,000) to offset the costs of
retrofitting existing natural gas powered equipment to burn
alternative fuels, including, but not limited to, instate produced
"non-spec" or "off-spec" natural gas.
   (C) Fifteen million dollars ($15,000,000) in grants to be used for
pilot projects designed to encourage the development of bio-gas
digestion power production technologies.
   (i) Ten million dollars ($10,000,000) of these funds shall be used
to provide grants for the purpose of encouraging the development of
manure methane power production projects on California dairies.
   (ii) Five million dollars ($5,000,000) of these funds shall be
used to provide grants to reduce peak usage in southern California by
revision of system operations to produce replacement energy as a
byproduct of the anaerobic digestion of bio-solids and animal wastes.

   (6) Ten million dollars ($10,000,000) to provide incentives for
installation of light-emitting diode (LED) traffic signals.
   (7) Seven million dollars ($7,000,000) to implement a program to
teach school children about energy efficiency in the home and at
school.
   (8) Ten million dollars ($10,000,000) for incentives for the
retrofit of existing distributed generation owned and operated by
municipal water districts to replace diesel and natural gas
generation with cleaner technology that reduces oxides of nitrogen
emissions. Funds expended pursuant to this paragraph shall be
expended exclusively for retrofit equipment that meets or exceeds the
requirements for best available control technology within the air
district in which the distributed generation owned and operated by a
municipal water district is located, or with standards adopted by the
State Air Resources Board pursuant to Section 41514.9 of the Health
and Safety Code upon the effective date of those standards.
Technologies eligible pursuant to this paragraph include natural gas
reciprocating engines, microturbines, fuel cells, and wind and solar
energy renewable technologies.
   (9) Six hundred thousand dollars ($600,000) for four
personnel-years to improve the ability of the Energy Commission to
provide timely and accurate assessments of electricity and natural
gas markets.
   (c) Except for funds expended to implement programs established
pursuant to Section 25555 of the Public Resources Code, for which the
Public Utilities Commission or the Energy Commission has adopted and
published guidelines pursuant to that section, funds appropriated
pursuant to subdivisions (a) and (b) shall be expended pursuant to
guidelines adopted by each commission. The guidelines shall be exempt
from the requirements of Chapter 3.5 (commencing with Section 11340)
of Part 1 of the Division 3 of Title 2 of the Government Code and
shall do all of the following:
   (1) Establish cost-effectiveness criteria for programs funded.
Within 10 days from the date of the adoption of criteria pursuant to
this paragraph, each commission shall provide a copy of the criteria
to the Chairperson of the Legislative Budget Committee, to the
chairpersons of the appropriate policy and fiscal committees of both
houses of the Legislature, and to the Governor.
   (2) Limit administrative costs to not more than 21/2 percent of
the amount of the funds expended. For the purposes of this paragraph,
"administrative costs" means commission personnel and overhead costs
associated with the implementation of each measure or program.
However, "administrative costs" does not include costs associated
with marketing or evaluation of a measure of a program, including any
two-year limited positions, as approved by the Department of
Finance, necessary to implement the programs.
   (3) Allow reasonable flexibility to shift funds among program
categories in order to achieve the maximum feasible amount of energy
conservation, peak load reduction, and energy efficiency by the
earliest feasible date.
   (4) Establish matching fund criteria that, except for funds
appropriated pursuant to paragraphs (2) and (3) of subdivision (a),
ensure that entities eligible to receive funds appropriated pursuant
to subdivisions (a) and (b) pay an appropriate share of the cost of
acquiring or installing measures to achieve the maximum feasible
amount of energy conservation, peak load reduction, and energy
efficiency by the earliest feasible date.
   (5) Establish mechanisms and criteria that ensure that funds
expended pursuant to this section through electric and gas
corporations are not seized by the creditors of those corporations in
the event of a bankruptcy. In implementing this paragraph, the
commissions shall adopt mechanisms such as the segregation of funds
by the electric or gas corporation, the holding of those funds in
trust until they are expended, and the reversion of funds to the
General Fund in the event of bankruptcy.
   (6) Establish tracking and auditing procedures to ensure that
funds are expended in a manner consistent with this act.
   (d) Within six months of the effective date of this section, each
commission shall contract for an independent audit of the
expenditures made pursuant to subdivisions (a) and (b) for the
purpose of determining whether the funds achieved demonstrable energy
peak demand reduction while limiting administrative costs associated
with expenditures made pursuant to those subdivisions. Within one
year of the effective date of this section, each commission shall
submit the audit prepared pursuant to this paragraph to the
Chairperson of the Joint Legislative Budget Committee, to the
chairpersons of the appropriate policy and fiscal committees of both
houses of the Legislature, and to the Governor.
   (e) Ten million dollars ($10,000,000) to the Department of
Consumer Affairs to implement a public awareness program to reduce
peak electricity usage. Any public awareness program to reduce peak
electricity usage conducted by the Department of Consumer Affairs
after November 30, 2001, shall be conducted pursuant to a contract in
accordance with Article 4 (commencing with Section 10335) of Chapter
2 of the Public Contract Code. The department shall ensure that the
program includes the use of nontraditional mass media, including, but
not limited to, the use of community based organizations, mass media
in different languages, and media targeted to low-income and
ethnically diverse communities.
   (f) Fifty million dollars ($50,000,000) to the Department of
General Services to be expended for the purposes of implementing
Chapter 3.5 (commencing with Section 4240) of Division 5 of Title 1
of the Government Code. The department shall limit its administrative
costs to not more than 21/2 percent of the funds expended. For the
purposes of this paragraph, "administrative costs" means personnel
and overhead costs associated with implementation of each measure or
program. However, "administrative costs" does not include costs
associated with marketing or evaluation of a measure or program.
   (g) One hundred twenty million dollars ($120,000,000) to the
Department of Community Services and Development for the purpose of
supplementing the Low-Income Home Energy Assistance Program (LIHEAP).
The department may also use these funds for the purposes of
increasing participation in the LIHEAP program. The department shall
use funds appropriated pursuant to this paragraph in the following
manner:
   (1) The department shall implement a California Low-Income Home
Energy Assistance Program (LIHEAP). Services provided by California's
LIHEAP shall be designed to do both of the following:
   (A) Increase energy conservation and reduce demand for energy
services in low-income households.
   (B) Assure that the most vulnerable households cope with high
energy costs.
   (2) The program shall include weatherization and conservation
services, energy crisis intervention services, and cash assistance
payments.
   (3) (A) Eligibility for California LIHEAP shall include households
with incomes that do not exceed the greater of either of the
following:
   (i) An amount equal to 60 percent of the state median income.
   (ii) An amount equal to 80 percent of the county median income.
   (B) In no area shall eligibility be provided to households whose
income is greater than 250 percent of the federal poverty level for
this state.
   (4) The department shall examine the penetration of other energy
programs, including, but not limited to, those provided through
federal LIHEAP, utility companies, and other parties, to identify the
adequacy of services to elderly persons, disabled persons,
limited-English-speaking persons, migrant and seasonal farmworkers
and households with very young children. California LIHEAP funds
shall be distributed so as to ensure that vulnerable populations have
comparable access to energy programs.
   (5) The department shall ensure that services under California
LIHEAP are delivered using all of the following requirements:
   (A) The department shall establish reasonable limits for
expenditures, including up to 15 percent for outreach and training
for consumers.
   (B) Grantee agencies shall do special outreach to vulnerable
households, including outreach to senior centers, independent living
centers, welfare departments, regional centers, and migrant and
seasonable farmworkers.
   (C) Grantee agencies shall be required to coordinate with other
low-income energy programs, and to demonstrate plans for using all
energy resources efficiently for maximum outreach to low-income
households.
   (D) Grantee agencies shall spend the maximum feasible amount of
California LIHEAP funds for weatherization assistance, but in no
event less than 50 percent of the funds available by grantee. The
balance shall be used for cash assistance and energy crisis
intervention. The department shall provide grantees with maximum
flexibility to use energy crisis and cash assistance funds to resolve
energy crisis for households and to serve the maximum number of
households. Cash assistance payments may be used as a supplement to
federal LIHEAP cash assistance payments.
   (6) The department shall, in addition to administering the
program, explore, with grantee agencies, standards for determining
effective, efficient intake, and procedures to combine outreach for
federal, state, and utility low-income energy programs into a single
intake process.
   (7) For any funds distributed in 2001, the department shall
distribute funds as follows:
   (A) Funds shall be distributed to have maximum possible impact on
reducing energy demand immediately.
   (B) First priority shall be to distribute funds through
community-based programs with whom it has existing contracts.
   (C) If additional capacity is needed beyond the existing network,
or if vulnerable populations cannot be served within the existing
contracts, the department may develop and RFP process to solicit
additional grantees.
   (8) The department shall limit administrative costs to not more
than 21/2 percent of the funds expended. For the purposes of this
paragraph, "administrative costs" means personnel and overhead costs
associated with the implementation of each measure or program.
However, "administrative costs" does not include costs associated
with the marketing or evaluation of a measure or program.
   (h) Each state agency receiving funds appropriated pursuant to
this section shall ensure, where appropriate, not less than 85
percent of the funds shall be expended for direct rebates, purchases,
direct installations, buy-downs, loans, or other incentives that
will achieve reductions in peak electricity demand and improvements
in energy efficiency.
   (i) On or before January 1, 2002, each state agency receiving
funds appropriated pursuant to this section shall provide quarterly
reports to the Chairperson of the Joint Legislative Budget Committee,
to the chairpersons of the appropriate policy and fiscal committees
of both houses of the Legislature, and to the Governor, which include
all of the following information:
   (1) The amount of funding expended.
   (2) The measures, programs, or activities that were funded.
   (3) A description of the effectiveness of the measures, programs,
or activities funded in reducing peak electricity demand and
improving energy efficiency, as measured in kilowatthours of
electricity reduced per dollar expended.
   (j) To the extent that local government entities may apply for,
and receive funds pursuant to this section, and to the extend they
otherwise qualify for the funds, federally recognized California
Indian tribes may apply for funds appropriated pursuant to this
section on behalf of their tribal members, and the applications shall
be considered on their merits. Each commission shall ensure that its
efforts to provide public information on programs funded pursuant to
this section shall include outreach to California Indian tribes.
  SEC. 227.  Section 24 of Chapter 1127 of the Statutes of 2002 is
amended to read:
  Sec. 24.  (a) Funds that are appropriated in subdivision (b) of
Section 2 of Assembly Bill 716 shall be available to the Department
of Parks and Recreation for opportunity grants pursuant to that
subdivision, and for state capital outlay projects. To the extent the
funds are used for a state capital outlay project, the project shall
be subject to the State Public Works Board review and approval,
pursuant to Section 13332.11 of the Government Code.
   (b) Subdivision (a) shall become operative only if Assembly Bill
716 is enacted and becomes effective on or before January 1, 2003.
  SEC. 228.  Section 2 of Chapter 87 of the Statutes of 2003 is
repealed.
  SEC. 229.  Section 37 of Chapter 80 of the Statutes of 2005 is
amended to read:
  Sec. 37.  On an annual basis, the State Department of Health
Services shall provide fiscal information to the Joint Legislative
Audit Committee and the Joint Legislative Budget Committee on the
funds provided to the contract hospitals participating in the
Medi-Cal program, and the health plans participating in the Medi-Cal
Managed Care Program, for implementation of nurse-to-patient ratios.
  SEC. 230.  Item 0690-102-0001 of Section 2.00 of the Budget Act of
2006 is amended to read:
0690-102-0001--For local assistance,
Office of Emergency Services.............. 48,199,000
    Schedule:
    (1.5)  50.20-Victim
           Services............   9,317,000
    (2.5)  50.30-Public Safety.  44,453,000
    (18)   Reimbursements......  -5,571,000
    Provisions:
    1.     Notwithstanding any other
           provision of law, the Office of
           Emergency Services may provide
           advance payment of up to 25
           percent of grant funds awarded
           to community-based nonprofit
           organizations, cities, school
           districts, counties, and other
           units of local government that
           have demonstrated cashflow
           problems according to the
           criteria set forth by the
           Office of Emergency Services.
    2.     To maximize the use of program
           funds and demonstrate the
           commitment of the grantees to
           program objectives, the Office
           of Emergency Services shall
           require all grantees of funds
           from the Gang Violence
           Suppression-Curfew Enforcement
           Strategy Program to provide
           local matching funds of at
           least 10 percent for the first
           and each subsequent year of
           operation. This match
           requirement applies to each
           agency that is to receive grant
           funds. An agency     may meet
           its match requirements with an
           in-kind match, if approved by
           the Office of Emergency
           Services.
    3.     Of the amount appropriated in
           Schedule (2.5), $300,000 shall
           be provided to Monterey County
           for a planning grant consistent
           with the Central Coast Rural
           Crime Prevention Program as
           established in Chapter 18 of
           the Statutes of 2003.
    4.     The Department of Finance shall
           include a special display table
           in the Governor's Budget under
           the Office of Emergency
           Services that displays, by fund
           source, component level detail
           for Program 50, Criminal
           Justice Projects. In addition,
           the Office of Emergency
           Services, in consultation with
           the Department of Finance,
           shall provide a report to the
           Joint Legislative Budget
           Committee by January 10 of each
           year that provides a list of
           grantees, total funds awarded
           to each grantee, and
           performance statistics to
           document program outputs and
           outcomes in order to assess the
           state's return on investment
           for each component of Program
           50 for each of the three years
           displayed in the Governor's
           Budget.
    6.     Of the amount appropriated in
           this item, the Department of
           Finance may authorize the
           transfer of up to 5 percent (up
           to $995,000) of the
           augmentation for the California
           Multijurisdictional
           Methamphetamine Enforcement
           Teams Program to Item 0690-001-
           0001 for the purpose of
           conducting an independent
           evaluation of the program.
    7.     Of the funding     appropriated
           in this item, $29,400,000 is
           for local assistance to support
           the California
           Multijurisdictional
           Methamphetamine Enforcement
           Teams Program. $19,900,000 of
           this funding is provided on a
           two-year, limited-term basis.
    8.     Of the amount appropriated in
           this item, $400,000 shall be
           available for grants to any
           private nonprofit organizations
           that have previously received
           funding from the California
           Innocence Protection Program.
           Any entity receiving funding
           under this program shall
           provide detailed expenditure
           reports semiannually and
           annually on the use of funds
           provided under this program.
           The Office of Emergency
           Services shall prepare and
           submit a report to the Joint
           Legislative Budget Committee on
           or before June 30, 2007, on the
           foregoing information for each
           entity receiving funding under
           this program.


  SEC. 231.  Item 0690-102-0001 of Section 2.00 of the Budget Act of
2007 is amended to read:
0690-102-0001--For local assistance, Office
of Emergency Services......................... 61,949,000
     Schedule:
     (1)   50.20-Victim Services..    4,352,000
     (2)   50.30-Public Safety....   57,597,000
     Provisions:
     1.    Notwithstanding any other provision
           of law, the Office of Emergency
           Services may provide advance
           payment of up to 25 percent of
           grant funds awarded to community-
           based nonprofit organizations,
           cities, school districts, counties,
           and other units of local government
           that have demonstrated cashflow
           problems according to the criteria
           set forth by the Office of
           Emergency Services.
     2.    To maximize the use of program
           funds and demonstrate the
           commitment of the grantees to
           program objectives, the Office of
           Emergency Services shall require
           all grantees of funds from the Gang
           Violence Suppression-Curfew
           Enforcement Strategy Program to
           provide local matching funds of at
           least 10 percent for the first and
           each subsequent year of operation.
           This match requirement applies to
           each agency that is to receive
           grant funds. An agency may meet its
           match requirements with an in-kind
           match, if approved by the Office of
           Emergency Services.
     3.    Of the amount appropriated in
           Schedule (2), $800,000 shall be
           provided for grants to counties,
           consistent with the Central Coast
           Rural Crime Prevention Program as
           established in Chapter 18 of the
           Statutes of 2003. The funds shall
           be distributed only to counties for
           planning, or for implementation of
           the program in those counties that
           have completed the planning
           process, consistent with Chapter 18
           of the Statutes of 2003. In no case
           shall a grant exceed $300,000.
     4.    The Department of Finance shall
           include a special display table in
           the Governor's Budget under the
           Office of Emergency Services that
           displays, by fund source, component
           level detail for Program 50,
           Criminal Justice Projects. In
           addition, the Office of Emergency
           Services, in consultation with the
           Department of Finance, shall
           provide a report to the Joint
           Legislative Budget Committee by
           January 10 of each     year that
           provides a list of grantees, total
           funds awarded to each grantee, and
           performance statistics to document
           program outputs and outcomes in
           order to assess the state's return
           on investment for each component of
           Program 50 for each of the three
           years displayed in the Governor's
           Budget.
     5.    Of the funding appropriated in
           Schedule (2) of this item,
           $29,400,000 is for local assistance
           to support the California
           Multijurisdictional Methamphetamine
           Enforcement Teams Program.
           $19,900,000 of this funding is
           provided on a one-year, limited-
           term basis.
     6.    Of the amount appropriated in
           Schedule (2), $8,000,000 is in
           augmentation of the Vertical
           Prosecution Block     Grants for a
           total program of $16,176,000.


  SEC. 232.  Section 41 of Chapter 177 of the Statutes of 2007 is
amended to read:
  Sec. 41.  The amendments made by this act contained in clause (ii)
of subparagraph (B) of paragraph (1) of subdivision (a) of Section
1534, paragraph (2) of subdivision (c) of Section 1569.33, paragraph
(2) of subdivision (c) of Section 1597.09, and paragraph (2) of
subdivision (c) of Section 1597.55a of the Health and Safety Code
shall be suspended for the 2007-08 fiscal year. The State Department
of Social Services shall provide information that reflects
appropriate indicators to trigger an annual increase in the number of
facilities for which the department conducts unannounced visits in
future budget proposals. The department shall work with legislative
staff, the Legislative Analyst's Office, and interested stakeholders
to develop the indicators.
  SEC. 233.  The Second Section 2 of Chapter 642 of the Statutes of
2007 is repealed.
  SEC. 234.  Section 72 of Chapter 758 of the Statutes of 2008 is
repealed.
  SEC. 235.  Section 38 of Chapter 759 of the Statutes of 2008 is
amended to read:
  Sec. 38.  On or before February 1, 2009, the Department of Child
Support Services shall provide the appropriate committees of the
Legislature with trailer bill language to codify the new state
hearing process.
  SEC. 236.  Section 173 of Chapter 717 of the Statutes of 2010 is
repealed.
  SEC. 237.  Section 37 of Chapter 6 of the Statutes of 2011 is
repealed.
  SEC. 238.  Section 38 of Chapter 6 of the Statutes of 2011 is
repealed.
  SEC. 239.  Any section of any act enacted by the Legislature during
the 2012 calendar year that takes effect on or before January 1,
2013, and that amends, amends and renumbers, adds, repeals and adds,
or repeals a section that is amended, amended and renumbered, added,
repealed and added, or repealed by this act, shall prevail over this
act, whether that act is enacted prior to, or subsequent to, the
enactment of this act. The repeal, or repeal and addition, of any
article, chapter, part, title, or division of any code by this act
shall not become operative if any section of any other act that is
enacted by the Legislature during the 2012 calendar year and takes
effect on or before January 1, 2013, amends, amends and renumbers,
adds, repeals and adds, or repeals any section contained in that
article, chapter, part, title, or division.