BILL NUMBER: AB 80	AMENDED
	BILL TEXT

	AMENDED IN SENATE  FEBRUARY 24, 2014
	AMENDED IN SENATE  JUNE 12, 2013

INTRODUCED BY   Committee on Budget (  Blumenfield 
 Skinner  Committee on Budget(Chair), Bloom, 
Bonilla,  Campos, Chesbro,  Dababneh,  Daly,
Dickinson, Gordon, Jones-Sawyer, Mitchell,  Mullin,
Muratsuchi, Nazarian,  Skinner,   Rodriguez,
 Stone,  and Ting       Ting, and Weber
 ))

                        JANUARY 10, 2013

    An act to amend Section 116.232 of the Code of Civil
Procedure, to amend Sections 12419.10, 68086, 68502.5, 68511.7,
70628, and 77203 of, and to add Section 68502.6 to, the Government
Code, to amend Sections 1203.2, 1229, 1230, 1231, 1232, 1233, 1233.1,
1233.15, 1233.2, 1233.3, 1233.4, 1233.6, 1233.61, and 3000.08 of,
and to repeal Section 1233.8 of, the Penal Code, to amend, repeal,
and add Section 19210 of the Public Contract Code, and to amend
Section 903.45 of the Welfare and Institutions Code, relating to
courts, and making an appropriation therefor, to take effect
immediately, bill related to the budget.   An act to
amend Section 8683 of the Government Code, to amend Section 50661 of,
to add Section 50716 to, and to add Chapter 3 (commencing with
Section 34085) to   Part 1.6 of Division 24 of, the Health
and Safety Code, to amend Sections 10201.5, 10214.5, and 10214.6 of
the Unemployment Insurance Code, to amend Sections 1052, 1058.5,
1551, 1831, and 1845 of, and to add Sections 1846 and 13562.5 to, the
Water Code, relating to drought relief, making an appropriation
therefor, to take effect immediately, bill related to the budget.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 80, as amended, Committee on Budget.  Courts. 
 Drought relief.  
   (1) The California Constitution requires the reasonable and
beneficial use of water. Under the public trust doctrine, the State
Water Resources Control Board, among other state agencies, is
required to take the public trust into account in the planning and
allocation of water resources and to protect the public trust
whenever feasible. Existing law establishes the Water Rights Fund,
which consists of various fees and penalties. The moneys in the Water
Rights Fund are available, upon appropriation by the Legislature,
for the administration of the board's water rights program. 

   This bill would provide that a person or entity in violation of a
term or condition of a permit, license, certificate, or registration
issued or adopted by the board, as prescribed, or the public trust
doctrine, is liable in an amount not to exceed $500 for each day in
which the violation occurs. These funds would be deposited in the
Water Rights Fund.  
   (2) Existing law, the California Emergency Services Act sets forth
the emergency powers of the Governor under its provisions. 

   This bill would provide that the provisions of this bill described
in (1) apply only in a critically dry year immediately preceded by 2
or more consecutive below normal, dry, or critically dry years, or
during a period for which the Governor has issued a proclamation of a
state of emergency based on drought conditions.  
   (3) Under existing law, the Disaster Assistance Fund is
continuously appropriated, without regard to fiscal years, for
purposes of the California Disaster Assistance Act. Existing law
requires the Director of the Office of Emergency Services, whenever
funds are available for purpose of the act, to make allocations in
the amounts that the director determines to be necessary to state
agencies for making the investigations, estimates, and reports
required by the act.  
   This bill would authorize the director, when a proclamation of a
state of emergency has been issued, to make allocations of funds
available for the purposes of the act in the amounts that the
director determines necessary to state agencies for expenditures
incurred performing extraordinary emergency measures. This bill would
prohibit these allocations from being made to reimburse employee
costs related to emergency work activities or any permanent repairs
to the agency's own facilities.  
   (4) Existing law declares that the diversion or use of water other
than as authorized by specified provisions of law is a trespass.
Existing law authorizes the imposition of civil liability for a
trespass in an amount not to exceed $500 for each day in which the
trespass occurs.  
   This bill would authorize the imposition of civil liability by the
board or superior court in an amount not to exceed the sum of $1,000
for each day in which the trespass occurs and $2,500 for each
acre-foot of water diverted or used other than as authorized during a
critically dry year immediately preceded by 2 or more consecutive
below normal, dry, or critically dry years or during a period for
which the Governor has issued a proclamation of a state of emergency
based on drought conditions.  
   (5) Under existing law, a person who violates a cease and desist
order may be liable in an amount not to exceed $1,000 for each day in
which the violation occurs. Revenue generated from these penalties
is deposited in the Water Rights Fund.  
   This bill, for a violation occurring in a critically dry year
immediately preceded by 2 or more consecutive below normal, dry, or
critically dry years or during a period for which the Governor has
issued a proclamation of a state of emergency based on drought
conditions, would authorize a person violating a cease and desist
order to be liable in an amount not to exceed $10,000 for each day in
which the violation occurs.  
   (6) Under existing law, emergency regulations of the board are not
subject to review by the Office of Administrative Law if the board
adopts findings that the emergency regulation is adopted to prevent
the waste, unreasonable use, unreasonable method of use, or
unreasonable method of diversion, of water to promote wastewater
reclamation, or to promote water conservation, and that the emergency
regulation is adopted in response to conditions which exist, or are
threatened, in a critically dry year immediately preceded by 2 or
more consecutive dry or critically dry years.  
   This bill also would allow the adoption of emergency regulations
by the board if the board finds the emergency regulation is adopted
to require curtailment of diversions when water is not available
under the diverter's priority of right. This bill instead would
require the emergency regulation to be adopted in response to
conditions which exist, or are threatened, in a critically dry year
immediately preceded by 2 or more consecutive below normal, dry, or
critically dry years or during a period for which the Governor has
issued a proclamation of a state of emergency based on drought
conditions. This bill would make a violation of a regulation adopted
by the board under these provisions an infraction punishable by a
fine of up to $500 for each day in which the violation occurs. By
creating a new crime, this bill would impose a state-mandated local
program.  
   Existing law provides that these emergency regulations are
authorized to remain in effect for up to 270 days, as prescribed.
 
   This bill would permit an emergency regulation adopted under these
provisions to be renewed if the board determines that the
above-described conditions are still in effect.  
   (7) Existing law authorizes the board to issue a cease and desist
order against a person who is violating, or threatening to violate,
certain requirements, including requirements set forth in a decision
or order relating to the unauthorized use of water.  
   This bill would authorize the board to issue a cease and desist
order in response to a violation or threatened violation of an
emergency regulation adopted pursuant to the provisions described in
(6).  
   (8) Existing law requires the State Department of Public Health to
adopt uniform water recycling criteria for indirect potable water
reuse for groundwater recharge, as defined, by December 31, 2013.
 
   This bill would require the State Department of Public Health, no
later than June 30, 2014, to adopt by emergency regulations
requirements for groundwater replenishment using recycled water.
 
   (9) Existing law creates the Housing Rehabilitation Loan Fund and
continuously appropriates moneys in the fund for, among other
purposes, making specified deferred payment housing rehabilitation
loans.  
   This bill, to the extent no other funding sources are available,
would make available $10,000,000 in the fund to the department for
the purpose of providing housing rental-related subsidies to persons
rendered homeless, or at risk of becoming homeless, due to
unemployment, underemployment, or other economic hardship resulting
from the state of emergency proclaimed by the Governor based on
drought conditions. This bill would authorize the department to
administer the housing rental-related subsidies or contract with
qualified local government agencies or nonprofit organizations to
administer the program.  
   (10) Existing law authorizes the Department of Housing and
Community Development to contract with local public and private
nonprofit agencies to provide housing services, including shelter,
education, sanitation, and day care services, for migrant
agricultural workers, through the development, construction,
reconstruction, rehabilitation, or operation of a migrant farm labor
center.  
   This bill would require the department to make the Office of
Migrant Services centers available for rent by persons or families
experiencing economic hardships as a result of the drought. 

   (11) Existing law authorizes the Employment Development Department
to collect and administer an employment training tax. Existing law
establishes the Employment Training Panel (ETP) in the Employment
Development Department, and prescribes the functions and duties of
the ETP with respect to the development, implementation, and
administration of various employment training programs in the state.
Existing law requires the ETP to establish the Partnership for
Workforce Recovery Training for the purpose of supporting and
implementing the workforce development goals set forth in the federal
American Recovery and Reinvestment Act of 2009.  
   This bill would eliminate the requirement that the ETP establish
the Partnership for Workforce Recovery Training, and would instead
require the ETP to develop and publish guidelines for the purpose of
supporting and implementing one or more alternative fund programs to
reimburse the cost of training using funds from a source other than
the employment training tax.  
   This bill would require the ETP, as needed in response to a
proclamation of a state of emergency issued by the Governor under the
California Emergency Services Act, to identify industries and
occupations that shall be priorities for training funds for the
purpose of funding special employment training projects that improve
the skills and employment security of frontline workers and to waive
specified wage and employment retention provisions.  
   Existing law, with respect to funds appropriated in the annual
Budget Act to the department for allocation by the ETP for the
training of workers in regions suffering from high unemployment and
low job creation, authorizes the ETP to waive the minimum wage
requirements for participation in the program in certain
circumstances.  
   This bill would provide that the ETP may waive the minimum wage
requirements with respect to funds appropriated to the department for
allocation by the ETP in the annual Budget Act for training of
workers in regions identified in a proclamation of a state of
emergency issued by the Governor under the California Emergency
Services Act.  
   (12) Existing law, the Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal Protection Bond Act of 2006,
an initiative bond act, authorizes the issuance of bonds in the
amount of $5,388,000,000 for the purposes of financing a safe
drinking water, water quality and supply, flood control, and resource
protection program.  
   This bill would appropriate $472,500,000 from these bond funds for
the purposes of integrated regional water management grants. 

   (13) The bill would require, to the extent feasible and
appropriate, water conservation and drought response projects funded
pursuant to these provisions and the provisions of the bill described
in paragraph (15) to use the services of the California Conservation
Corps or certified community conservation corps.  
   (14) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   (15) This bill would become operative only if AB 79 or SB 103 is
enacted, amending the Budget Act of 2013.  
   (16) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
 
   (1) Existing law requires the small claims court to charge and
collect a fee of $10 from the plaintiff for each defendant on whom
the court clerk serves a copy of the plaintiff's claim by mail.
 
   This bill would increase that fee to $15 for each defendant to
whom a copy of the claim is mailed by the small claims court clerk.
 
   (2) Existing law requires the Controller, to the extent feasible,
to offset any amount overdue and unpaid for a fine, penalty,
assessment, bail, vehicle parking penalty, or court-ordered
reimbursement for court-related services, from a person or entity,
against any amount owing the person or entity by a state agency on a
claim for a refund from the Franchise Tax Board under the Personal
Income Tax Law or the Bank and Corporation Tax Law, from winnings in
the California State Lottery, or from a cash payment of a claim for
unclaimed property held by the state, as specified. Existing law
requires the Controller to deduct and retain from any amount offset
in favor of a city or county an amount sufficient to reimburse the
administrative costs of processing the offset payment. 

   This bill would prohibit the Controller and the Franchise Tax
Board from conditioning a request for offset on the submission of a
person's social security number. The bill would additionally require
the Controller to deduct and retain from any amount offset in favor
of a court an amount sufficient to reimburse the administrative costs
of processing the offset payment. The bill would authorize the
Franchise Tax Board, if necessary to confirm the identity of a person
before making an offset, and upon paying any necessary fees, to
obtain a social security number from the Department of Motor
Vehicles, as specified.  
   (3) Existing law requires the Legislature to make an annual
appropriation to the Judicial Council for the general operations of
the trial courts based on the request of the Judicial Council, which
is submitted to the Governor and the Legislature. Existing law
requires the Judicial Council to retain the ultimate responsibility
to adopt a budget and allocate funding for the trial courts. Existing
law requires the Judicial Council to set a preliminary allocation
for each trial court in July of each fiscal year and to finalize
those allocations in January, as specified. Existing law, until June
30, 2014, authorizes a trial court to carry unexpended funds over
from one fiscal year to the next. Existing law, commencing June 30,
2014, authorizes a trial court to carry over unexpended funds in an
amount not to exceed 1% of the court's operating budget from the
prior fiscal year.  
   This bill would require the Judicial Council to include an
estimate of the available trial court reserves as of June 30 of the
prior fiscal year when setting its July preliminary allocation and to
offset each court's allocation by the amount of reserves in excess
of the amount authorized to be carried over, as specified. The bill
would similarly require the Judicial Council to finalize its January
allocations after review of available trial court reserves as of June
30 of the prior fiscal year and to offset each court's allocation as
described above. The bill would exempt certain funds from the
calculation of the 1% authorized to be carried over from the prior
fiscal year.  
   (4) Existing law establishes the Trial Court Trust Fund to fund
trial court operations, as specified.  
   This bill would authorize the Administrative Office of the Courts
(AOC) to make loans to the Trial Court Trust Fund from specified
funds if the cash balance of the Trial Court Trust Fund is
insufficient to support trial court operations during the fiscal
year, but would prohibit the total amount of outstanding loans from
exceeding $150,000,000, as specified. The bill would prohibit AOC
from authorizing a loan pursuant to these provisions to provide cash
resources to any court that has not first provided a balanced budget
approved by the Judicial Council. The bill would also authorize the
AOC to transfer funds from the Trial Court Trust Fund for the
repayment of these loans and would prohibit the charge or payment of
interest, as specified. The bill would require that all loans made
pursuant to these provisions be repaid within 2 years, as provided.
 
   (5) Existing law requires, for each proceeding lasting less than
one hour, a fee of $30 to be charged for the reasonable cost of the
services of an official court reporter.  
   This bill would require the proceeds of the fee to be distributed
to the court in which the fee was collected.  
   (6) Existing law, until January 1, 2017, requires each trial
court, prior to adopting a baseline budget plan for the fiscal year,
to provide the public notice of, and an opportunity for input on,
through submission of written documents or a public hearing, the
trial court's proposed budget plan, and requires the baseline budget
plan to be made available to the public at the courthouse and on the
court's public Internet Web site no less than 3 court days prior to
the hearing or, if there is no hearing, prior to adoption of the
plan.  
   This bill would extend the operation of these provisions
indefinitely.  
   (7) Existing law provides the fee for an exemplification of a
record is $20, in addition to other charges allowed. 

   This bill would increase the fee to $50 for an exemplification, in
addition to other charges allowed.  
   (8) Existing law provides that a person released from prison after
serving a term for certain crimes is subject to parole supervision,
as specified, and the jurisdiction of the court where the person is
released or resides for the purpose of hearing petitions to revoke
parole and impose a term of custody.  
   This bill would expand those provisions to provide that
jurisdiction for that purpose also includes the jurisdiction of the
court in any county where the supervised person is arrested. The bill
would make additional conforming changes relating to persons subject
to mandatory supervision and postrelease community supervision, as
specified.  
   (9) Existing law, the California Community Corrections Performance
Incentives Act of 2009, authorizes each county to establish a
Community Corrections Performance Incentives Fund, and authorizes the
state to annually allocate moneys into a State Community Corrections
Performance Incentives Fund to be used for specified purposes
relating to improving local probation supervision practices and
capacities, as specified. The act defines "community corrections" for
these purposes to mean the placement of persons convicted of a
felony offense under probation supervision, with conditions imposed
by a court for a specified period.  
   This bill would expand those provisions to additionally include
within "community corrections" the placement of persons convicted of
a felony offense under mandatory supervision or postrelease community
supervision, as specified. The bill would make additional conforming
changes.  
   (10) Existing law, until January 1, 2015, requires the
Administrative Office of the Courts, in consultation with the Chief
Probation Officers of California, to specify and define minimum
required outcome-based measures, which shall include, among other
things, the percentage of persons on felony probation who are being
supervised in accordance with evidence-based practices. Existing law
requires the Administrative Office of the Courts, in consultation
with the Chief Probation Officer of each county and the Department of
Corrections and Rehabilitation, to provide a quarterly statistical
report to the Department of Finance, including statistical
information pertaining to felons and persons on felony probation for
each county.  
   This bill would expand these provisions to include persons who
were placed on mandatory supervision and postrelease community
supervision on and after January 1, 2012, as specified. The bill
would extend the operation of the provisions described in this
paragraph indefinitely.  
   (11) Existing law requires the AOC, in consultation with the Chief
Probation Officers of California, the Department of Corrections and
Rehabilitation, and the Department of Finance, to submit a report to
the Governor and the Legislature pertaining to community corrections
programs for felony probationers, as specified.  
   This bill would expand these provisions to include data regarding
persons who were placed on mandatory supervision and postrelease
community supervision.  
   (12) Existing law provides for a probation failure reduction
incentive payment for each eligible county, and establishes 2 tiers
for evaluating counties for purposes of calculating that payment.
Existing law also provides high performance grants to county
probation departments for purposes of bolstering practices to reduce
recidivism.  
   This bill would establish a 3rd tier for the purposes of
calculating a probation failure reduction incentive payment. The bill
would provide that a county that fails to submit specified required
information to the AOC would not be eligible for the incentive
payment or the grant, as specified. The bill would modify the funding
and calculation of the incentive payments and grants. The bill would
appropriate $1,000,000 from the State Community Corrections
Performance Incentive Fund to the judicial branch for the costs of
implementing and administering the probation failure reduction
incentive payment, as specified.  
   (13) Existing law, until January 1, 2015, requires after the
conclusion of each calendar year, the Director of Finance, in
consultation with the Department of Corrections and Rehabilitation,
the Joint Legislative Budget Committee, the Chief Probation Officers
of California, and the AOC, to calculate the probation failure rate
for counties and for the state, as specified.  
   This bill would additionally require calculation of mandatory
supervision failure to prison rates and postrelease community
supervision to failure to prison rates, for counties and for the
state, as specified. The bill would extend the operation of these
provisions indefinitely.  
   (14) Existing law, commencing not earlier than July 1, 2011, and
not later than December 15, 2012, requires the California State
Auditor to establish a pilot program to audit 6 trial courts, as
provided, and to commence an audit of the trial courts on or before
December 15, 2013. It also requires, not later than December 15,
2013, and biennially thereafter, an audit of the AOC, the Habeas
Corpus Resource Center, and the appellate courts.  
   This bill would instead require the audit of the AOC, the Habeas
Corpus Resource Center, the California Supreme Court, and the
appellate courts to commence on or before July 1, 2013, and a copy of
the final audit report of the AOC to be provided to specified
entities on or before December 31, 2013. The bill would, on January
1, 2014, repeal these provisions, and would instead require the
California State Auditor to biennially audit 5 judicial branch
entities and the AOC, as specified, subject to an appropriation for
this purpose, and to provide a final audit report to the judicial
branch entity, the Legislature, the Judicial Council, and the
Department of Finance, as provided.  
   (15) Existing law authorizes the board of supervisors to designate
a county financial evaluation officer to make financial evaluations
of liability for reimbursement of the costs of support of a minor, as
specified, and authorizes that officer to petition the court for an
order requiring the person who is determined to be financially
responsible to pay those costs. Under existing law, if the parent or
guardian is currently receiving reunification services, and the court
finds that repayment by the parent or guardian will pose a barrier
                                           to reunification with the
child, as specified, the court shall not order repayment of those
costs by the parent or guardian.  
   This bill would prohibit the county financial officer from
petitioning the court for an order of repayment of those costs, and
the court from ordering that repayment, based upon either the finding
of the court or the determination of the county financial officer,
that repayment by the parent or guardian will pose a barrier to
reunification with the child, as specified.  
   (16) This bill would also require the Judicial Council to report
to the appropriate budget and policy committees of the Legislature,
the Joint Legislative Budget Committee, the Legislative Analyst's
Office, and the Department of Finance, on or before June 30, 2014, on
an evaluation of the Long Beach court building performance-based
infrastructure project, as specified.  
   (17) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.

   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program:  no   yes  .



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

   SECTION 1.    The Legislature finds and declares that
California is experiencing an unprecedented dry period and shortage
of water for its citizens, local governments, agriculture,
environment, and other uses. The purpose of this act is to enact
urgent legislation to appropriate funds and expedite administrative
actions to increase water supply reliability consistent with the
state's economic, health and safety, and resource protection laws.

   SEC. 2.    Section 8683 of the   Government
Code   is amended to read: 
   8683.   (a)    Whenever funds are available for
purposes of this chapter, the director shall make allocations
 therefrom   from the funds available  in
the amounts that he or she determines to be necessary to state
agencies for expenditure for making the investigations, estimates,
and reports required by this chapter. Those allocations may also be
made to provide for preliminary investigations, estimates, reports,
training of state agency personnel, or to reimburse the state
agencies for expenditures made in anticipation of actual applications
by local agencies. Allocations may also be made for the purpose of
making any investigations, estimates, and reports that may be
necessary to enable local agencies to obtain federal aid for disaster
relief purposes, regardless of whether or not that aid is available
for projects that are eligible for state allocations pursuant to this
chapter. The director may make allocations to any state agency or
office from those funds, or other funds available therefor, in the
amounts that are necessary to administer this chapter. 
   (b) When a proclamation of a state of emergency has been issued by
the Governor under the California Emergency Services Act (Chapter 7
(commencing with Section 8550)) and funds are available for purposes
of this chapter, the director may make allocations from the funds
available in the amounts that the director determines necessary to
state agencies for expenditures incurred performing extraordinary
emergency measures. An allocation pursuant to this subdivision is at
the discretion of the director, but an allocation shall not reimburse
either of the following:  
   (1) Employee costs related to emergency work activities. 

   (2) Any permanent repairs to the agency's own facilities. 
   SEC. 3.    Chapter 3 (commencing with Section 34085)
is added to Part 1.6 of Division 24 of the   Health and
Safety Code   , to read:  
      CHAPTER 3.  DROUGHT HOUSING RENTAL SUBSIDIES


   34085.  (a) The department shall provide housing rental-related
subsidies for the purposes of disaster relief to persons rendered
homeless or at risk of becoming homeless due to unemployment,
underemployment, or other economic hardship resulting from the state
of emergency proclaimed by the Governor on January 17, 2014. The
housing rental-related subsidies shall provide rental assistance to
individuals who are unemployed or underemployed because agricultural
or other businesses are affected by the drought conditions and to
other persons that have suffered economic losses due to the drought
conditions.
   (b) The department may administer the housing rental-related
subsidies or contract with qualified local government agencies or
nonprofit organizations to administer the subsidies.
   (c) The department shall adopt guidelines establishing criteria
for the subsidies, including, but not limited to, eligibility, income
limits, and subsidy amounts.
   34086.  Any rule, policy, or standard of general application
employed by the department in implementing the provisions of this
chapter shall not be subject to the requirements 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).

   SEC. 4.    Section 50661 of the   Health and
Safety Code   is amended to read: 
   50661.  (a) There is hereby created in the State Treasury the
Housing Rehabilitation Loan Fund. All interest or other increments
resulting from the investment of moneys in the Housing Rehabilitation
Loan Fund shall be deposited in the fund, notwithstanding Section
16305.7 of the Government Code. Notwithstanding Section 13340 of the
Government Code, all money in the fund is continuously appropriated
to the department for the following purposes:
   (1) For making deferred-payment rehabilitation loans for financing
all or a portion of the cost of rehabilitating existing housing to
meet rehabilitation standards as provided in this chapter.
   (2) For making deferred payment loans as provided in Sections
50668.5, 50669, and 50670.
   (3) For making deferred payment loans pursuant to Sections 50662.5
and 50671.
   (4) Subject to the restrictions of Section 53131, if applicable,
for administrative expenses of the department made pursuant to this
chapter, Article 3 (commencing with Section 50693) of Chapter 7.5,
and Chapter 10 (commencing with Section 50775).
   (5) For related administrative costs of nonprofit corporations and
local public entities contracting with the department pursuant to
Section 50663 in an amount, if any, as determined by the department,
to enable the entities and corporations to implement a program
pursuant to this chapter. The department shall ensure that not less
than 20 percent of the funds loaned pursuant to this chapter shall be
allocated to rural areas. For purposes of this chapter "rural area"
shall have the same meaning as in Section 50199.21. 
   (6) To the extent no other funding sources are available, ten
million dollars ($10,000,000) shall be available for the purposes of
Section 34085. 
   (b) There shall be paid into the fund the following:
   (1) Any moneys appropriated and made available by the Legislature
for purposes of the fund.
   (2) Any moneys that the department receives in repayment of loans
made from the fund, including any interest thereon.
   (3) Any other moneys that may be made available to the department
for the purposes of this chapter from any other source or sources.
   (4) Moneys transferred or deposited to the fund pursuant to
Sections 50661.5 and 50778.
   (c) Notwithstanding any other provision of law, any interest or
other increment earned by the investment or deposit of moneys
appropriated by subdivision (b) of Section 3 of Chapter 2 of the
Statutes of the 1987-88 First Extraordinary Session, or Section 7 of
Chapter 4 of the Statutes of the 1987-88 First Extraordinary Session,
shall be deposited in a special account in the Housing
Rehabilitation Loan Fund and shall be used exclusively for purposes
of Sections 50662.5 and 50671.
   (d) Notwithstanding any other provision of law, effective with the
date of the act adding this subdivision, appropriations authorized
by the Budget Act of 1996 for support of the Department of Housing
and Community Development from the California Disaster Housing Repair
Fund and the California Homeownership Assistance Fund shall instead
be authorized for expenditure from the Housing Rehabilitation Loan
Fund.
   SEC. 5.    Section 50716 is added to the  
Health and Safety Code   , to read:  
   50716.  (a) Notwithstanding any other law, to respond to the state
of emergency proclaimed by the Governor on January 17, 2014, the
department shall, directly or through contracts, make the Office of
Migrant Services centers available for rent by persons or families
experiencing economic hardships as a result of the drought. This may
include, but is not limited to, extending the period of occupancy
prior to or beyond the standard 180-day period and redefining persons
and families eligible to occupy the centers. To the extent feasible,
the department shall give preference to persons and families that
meet existing program criteria.
   (b) The department may adopt program guidelines to implement this
section. Any rule, policy, or standard of general application
employed by the department in implementing the provisions of this
section shall not be subject to the requirements 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).

   SEC. 6.    Section 10201.5 of the  
Unemployment Insurance Code   is amended to read: 
   10201.5.  With respect to funding appropriated in the annual
Budget Act to the Employment Development Department for allocation by
the Employment Training Panel and identified for training of workers
in regions suffering from high unemployment and low job 
creation, including   creation or regions identified in
a proclamation of a state of emergency issued by  the 
working poor,   Governor under  the  California
Emergency Services Act (Chapter 7 (commencing with Section 8550) of
Division 1 of Title 2 of the Government Code), the  panel,
notwithstanding subdivision  (g)   (f)  of
Section 10201, may waive the minimum wage requirements included in
that subdivision provided that the post-retention wage of each
trainee who has completed training and the required training period
exceeds his or her wage before and during training. This
determination shall be made on a case-by-case basis to ensure that
post-training improvements in earnings are sufficient to warrant the
investment of public funds.
   SEC. 7.    Section 10214.5 of the  
Unemployment Insurance Code   is amended to read: 
   10214.5.  (a) The panel may allocate up to 15 percent of the
annually available training funds for the purpose of funding special
employment training projects that improve the skills and employment
security of frontline workers, as defined in subdivision (a) of
Section 10200. Notwithstanding any other provision of this chapter,
participants in these projects are not required to meet the
eligibility criteria set forth in paragraph (1) of subdivision (a) of
Section 10200 or subdivision (c) of Section 10201.
   (b) The panel shall, on an annual  basis,  
basis or as needed in response to a proclamation of a state of
emergency issued by the Governor under the California Emergency
Services Act (Chapter 7 (commencing with Section 8550) of Division 1
of Title 2 of the Government Code),  identify industries and
occupations that shall be priorities for funding under this section.
Training shall be  targeted   targeted, but not
limited,  to frontline workers who earn at least the state
average hourly wage.
   (c) The panel may waive the minimum wage provisions pursuant to
subdivision (f) of Section 10201 for projects in regions of the state
where the unemployment rate is significantly higher than the state
 average,   average or regions identified 
 in a proclamation of a state of emergency issued by the Governor
under the California Emergency Services Act (Chapter 7 (commencing
with Section 8550) of Division 1 of Title 2 of the Government Code),
 and  also  may waive the employment retentions
provisions specified in subdivision (f) of Section 10209 and instead
require that the trainee has been retained in employment for a
minimum of 90 days out of 120 consecutive days after the end of
training with no more than three employers.
   (d) (1) The panel may allocate funds pursuant to subdivision (a)
to increase the productivity and extended employment retention of
workers in the state's major seasonal industries.
   (2) In funding special employment training projects for this
purpose, the panel may do all of the following:
   (A) When the amount of the postretention wages of each trainee who
has completed training exceeds the amount of wages that the trainee
earned before and during training, waive the minimum wage
requirements set forth in subdivision (f) of Section 10201.
   (B) Waive the employment retention requirements set forth in
subdivision (f) of Section 10209 and instead require that the trainee
be retained in employment for not less than 500 hours within the
12-month period following the completion of the training.
   (C) When the panel finds that the training is necessary to achieve
the objectives of vocational training, waive the limitation on
job-related basic and literacy skills training set forth in
subdivision (a) of Section 10209.
   (3) For purposes of this section, "major seasonal industries"
means eligible employers who satisfy all of the following
requirements:
   (A) Have a workforce comprised of at least 50 percent of workers
whose employment period is necessarily cyclical, including, but not
limited to, businesses directly involved in the harvesting, packing,
or processing of goods or products.
   (B) Have retained at least 50 percent of the same seasonal
employees for at least one season of not less than 500 hours for the
preceding 12-month period.
   (C) Pay wages and provide benefits that exceed industry averages.
   (e) The panel shall adopt minimum standards for consideration of
proposals to be funded pursuant to this section.
   (f) The panel may select contracts funded under this section based
on competitive bidding.
   (g) It is the intent of the Legislature in providing the authority
for these projects that the panel allocate these funds in a manner
consistent with the objectives of this chapter as provided in Section
10200.
   SEC. 8.    Section 10214.6 of the  
Unemployment Insurance Code   is amended to read: 
   10214.6.  (a) The panel shall  establish the Partnership
for Workforce Recovery Training (PWRT) for the purposes of supporting
and implementing the workforce development goals set forth in the
federal American Recovery and Reinvestment Act of 2009 (ARRA) (P.L.
111-5). The panel shall develop and publish guidelines for
implementation of the PWRT, consistent with, and including 
 develop and publish guidelines for the purpose of supporting and
implementing one or more alternative fund programs to reimburse the
cost of training consistent with the purposes of this part, using
funds from a source other than the employment training tax. The
alternative funds may be from any federal, state, or local
governmental entity, as appropriated in statute or other means. The
guidelines shall include  adequate fiscal and accounting
controls, as prescribed in subdivision  (g)  
(f)  of Section 10205. 
   (b) The panel may allocate any funds it receives pursuant to the
federal Workforce Investment Act of 1998 (29 U.S.C. Sec. 2801 et
seq.) and the ARRA to support the activities of the PWRT. Any funds
received by the panel pursuant to this section shall be deposited
into a separate account established by the department in the State
Treasury, and used for the purposes of this section. 

   (c) 
    (b)  The panel may adopt any regulations necessary to
implement this section, but any regulations so adopted are exempt
from the requirements of Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code. 
   (d) 
    (c)  The panel may solicit proposals and enter into
contracts or other agreements to secure funding for the purposes of
this section, but those proposals, contracts, and agreements shall be
exempt from any competitive bidding requirements otherwise
prescribed in statute.
   SEC. 9.    Section 1052 of the   Water Code
  is amended to read: 
   1052.  (a) The diversion or use of water subject to this division
other than as authorized in this division is a trespass. 
   (b) Civil liability may be administratively imposed by the board
pursuant to Section 1055 for a trespass as defined in this section in
an amount not to exceed five hundred dollars ($500) for each day in
which the trespass occurs.  
   (c) 
    (b)  The Attorney General, upon request of the board,
shall institute in the superior court in and for any county 
wherein   where  the diversion or use is
threatened, is occurring, or has occurred  appropriate
  an  action for the issuance of injunctive relief
as may be warranted by way of temporary restraining order,
preliminary injunction, or permanent injunction. 
   (c) Any person or entity committing a trespass as defined in this
section may be liable in an amount not to exceed the following: 

   (1) If the unauthorized diversion or use occurs in a critically
dry year immediately preceded by two or more consecutive below
normal, dry, or critically dry years or during a period for which the
Governor has issued a proclamation of a state of emergency under the
California Emergency Services Act (Chapter 7 (commencing with
Section 8550) of Division 1 of Title 2 of the Government Code) based
on drought conditions, the sum of the following:  
   (A) One thousand dollars ($1,000) for each day in which the
trespass occurs.  
   (B) Two thousand five hundred dollars ($2,500) for each acre-foot
of water diverted or used other than as authorized in this division.
 
   (2) If the unauthorized diversion or use is not described by
paragraph (1), five hundred dollars ($500) for each day in which the
unauthorized diversion or use occurs.  
   (d) Civil liability for a violation of this section may be imposed
by the superior court or the board as follows:  
   (d) Any person or entity committing a trespass as defined in this
section 
    (1)     The superior court  may
 be liable for a sum not to exceed five hundred dollars
($500) for each day   impose civil liability  in
 which the trespass occurs. The   an action
brought by the  Attorney General, upon request of the board,
 shall petition the superior court  to impose,
assess, and recover any sums pursuant to  this subdivision.
  subdivision (c).  In determining the appropriate
amount, the court shall take into consideration all relevant
circumstances, including, but not limited to, the extent of harm
caused by the violation, the nature and persistence of the violation,
the length of time over which the violation occurs, and the
corrective action, if any, taken by the violator. 
   (2) The board may impose civil liability in accordance with
Section 1055. 
   (e) All funds recovered pursuant to this section shall be
deposited in the Water Rights Fund established pursuant to Section
1550.
   (f) The remedies prescribed in this section are cumulative and not
alternative.
   SEC. 10.    Section 1058.5 of the   Water
Code   is amended to read: 
   1058.5.  (a) This section applies to any emergency regulation
adopted by the board for which the board makes both of the following
findings:
   (1) The emergency regulation is adopted to prevent the waste,
unreasonable use, unreasonable method of use, or unreasonable method
of diversion, of water, to promote  wastewater reclamation,
  water recycling  or  water conservation,
 to  promote   require curtailment of
diversions when  water  conservation.   is
not available under the diverter's priority of right, or in
furtherance of any of the foregoing, to require reporting of
diversion or use or the preparation of monitoring or technical
reports. 
   (2) The emergency regulation is adopted in response to conditions
which exist, or are threatened, in a critically dry year immediately
preceded by two or more consecutive  dry   below
normal, dry,  or critically dry  years.  
years or during a period for which the Governor has issued a
proclamation of a state of emergency under the California Emergency
Services Act (Chapter 7 (commencing with Section 8550) of Division 1
of Title 2 of the Government Code) based on drought conditions. 

   (b) Notwithstanding Sections 11346.1 and 11349.6 of the Government
Code, any findings of emergency adopted by the board, in connection
with the adoption of an emergency regulation  to which
  under  this  section applies, 
 section,  are not subject to review by the Office of
Administrative Law.
   (c)  Any   An  emergency regulation
adopted by the board  to which   under 
this section  applies  may remain in effect for up
to 270 days, as determined by the board, and is deemed repealed
immediately upon a finding by the board that due to changed
conditions it is no longer necessary for the regulation to remain in
effect.  An emergency regulation adopted by the board under this
section may be renewed if the board determines that the conditions
specified in paragraph (2) of subdivision (a) are still in effect.
 
   (d) In addition to any other applicable civil or criminal
penalties, any person or entity who violates a regulation adopted by
the board pursuant to this section is guilty of an infraction
punishable by a fine of up to five hundred dollars ($500) for each
day in which the violation occurs. 
   SEC. 11.    Section 1551 of the   Water Code
  is amended to read: 
   1551.  All of the following shall be deposited in the Water Rights
Fund:
   (a) All fees, expenses, and penalties collected by the board or
the State Board of Equalization under this chapter and Part 3
(commencing with Section 2000).
   (b) All funds collected under Section 1052,  1845,
  Article 4 (commencing with Section 1845) of Chapter
12,  or  Section  5107.
   (c) All fees collected under Section 13160.1 in connection with
certificates for activities involving hydroelectric power projects
subject to licensing by the Federal Energy Regulatory Commission.
   SEC. 12.    Section 1831 of the   Water Code
  is amended to read: 
   1831.  (a) When the board determines that any person is violating,
or threatening to violate, any requirement described in subdivision
(d), the board may issue an order to that person to cease and desist
from that violation.
   (b) The cease and desist order shall require that person to comply
forthwith or in accordance with a time schedule set by the board.
   (c) The board may issue a cease and desist order only after notice
and an opportunity for hearing pursuant to Section 1834.
   (d) The board may issue a cease and desist order in response to a
violation or threatened violation of any of the following:
   (1) The prohibition set forth in Section 1052 against the
unauthorized diversion or use of water subject to this division.
   (2) Any term or condition of a permit, license, certification, or
registration issued under this division.
   (3) Any decision or order of the board issued under this part,
Section 275, or Article 7 (commencing with Section 13550) of Chapter
7 of Division 7, in which decision or order the person to whom the
cease and desist order will be issued, or a predecessor in interest
to that person, was named as a party directly affected by the
decision or order. 
   (4) A regulation adopted under Section 1058.5. 
   (e) This article  shall   does  not
authorize the board to regulate in any manner, the diversion or use
of water not otherwise subject to regulation of the board under this
 part.   division or Section 275. 
   SEC. 13.    Section 1845 of the   Water Code
  is amended to read: 
   1845.  (a) Upon the failure of any person to comply with a cease
and desist order issued by the board pursuant to this chapter, the
Attorney General, upon the request of the board, shall petition the
superior court for the issuance of prohibitory or mandatory
injunctive relief as appropriate, including a temporary restraining
order, preliminary injunction, or permanent injunction.
   (b) (1)  Any   A person or entity who
violates a cease and desist order issued pursuant to this chapter may
be liable  for a sum   in an amount  not
to exceed  one thousand dollars ($1,000) for each day in
which  the  violation occurs.  
following:  
   (A) If the violation occurs in a critically dry year immediately
preceded by two or more consecutive below normal, dry, or critically
dry years or during a period for which the Governor has issued a
proclamation of a state of emergency under the California Emergency
Services Act (Chapter 7 (commencing with Section 8550) of Division 1
of Title 2 of the Government Code) based on drought conditions, ten
thousand dollars ($10,000) for each day in which the violation
occurs.  
   (B) If the violation is not described by subparagraph (A), one
thousand dollars ($1,000) for each day in which the violation occurs.

   (2) Civil liability may be imposed by the superior court. The
Attorney General, upon the request of the board, shall petition the
superior court to impose, assess, and recover those sums.
   (3) Civil liability may be imposed administratively by the board
pursuant to Section 1055.
   (c) In determining the appropriate amount, the court, or the
board, as the case may be, shall take into consideration all relevant
circumstances, including, but not limited to, the extent of harm
caused by the violation, the nature and persistence of the violation,
the length of time over which the violation occurs, and the
corrective action, if any, taken by the violator.
   (d) All funds recovered pursuant to this section shall be
deposited in the Water Rights Fund established pursuant to Section
1550.
   SEC. 14.    Section 1846 is added to the  
Water Code   , to read:  
   1846.  (a) A person or entity may be liable for a violation of any
of the following in an amount not to exceed five hundred dollars
($500) for each day in which the violation occurs:
   (1) A term or condition of a permit, license, certificate, or
registration issued under this division.
   (2) An order or regulation adopted by the board under Section 275,
Section 1058.5, or the public trust doctrine.
                                                                (b)
Civil liability may be imposed by the superior court. The Attorney
General, upon the request of the board, shall petition the superior
court to impose, assess, and recover those sums.
   (c) Civil liability may be imposed administratively by the board
pursuant to Section 1055.
   (d) In determining the appropriate amount of civil liability, the
court, pursuant to subdivision (b), or the board, pursuant to
subdivision (c), may take into consideration all relevant
circumstances, including, but not limited to, the extent of harm
caused by the violation, the nature and persistence of the violation,
the length of time over which the violation occurs, and the
corrective action, if any, taken by the violator.
   (e) No liability shall be recoverable under this section for any
violation for which liability is recovered under Section 1052.
   (f) All funds recovered pursuant to this section shall be
deposited in the Water Rights Fund established pursuant to Section
1550.
   (g) This section applies only in a critically dry year immediately
preceded by two or more consecutive below normal, dry, or critically
dry years or during a period for which the Governor has issued a
proclamation of a state of emergency under the California Emergency
Services Act (Chapter 7 (commencing with Section 8550) of Division 1
of Title 2 of the Government Code) based on drought conditions. 

   SEC. 15.    Section 13562.5 is added to the 
 Water Code   , to read:  
   13562.5.  Notwithstanding any other law, no later than June 30,
2014, the department shall adopt, by emergency regulations in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, requirements for
groundwater replenishment using recycled water. The adoption of these
regulations is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of
the public peace, health, safety, and general welfare.
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, emergency
regulations adopted by the department pursuant to this section shall
not be subject to review by the Office of Administrative Law and
shall remain in effect until revised by the department. 
   SEC. 16.    Water conservation and drought response
projects funded by the provisions of this act, or the act described
in Section 19, shall, to the extent feasible and appropriate, use the
services of the California Conservation Corps or certified community
conservation corps, as defined in Section 14507.5 of the Public
Resources Code. 
   SEC. 17.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution. 
   SEC. 18.    Of the funds made available pursuant to
Division 43 (commencing with Section 75001) of the Public Resources
Code, the sum of four hundred seventy-two million five hundred
thousand dollars ($472,500,000) is hereby appropriated pursuant to
Section 75026 of the Public Resources Code as follows:  
   (a) Two hundred million dollars ($200,000,000) shall be available
to the Department of Water Resources for integrated regional water
management grants through an expedited solicitation round for
projects that provide immediate regional drought preparedness,
increase local water supply reliability and the delivery of safe
drinking water, assist water suppliers and regions to implement
conservation programs and measures that are not locally
cost-effective, or reduce water quality conflicts or ecosystem
conflicts created by the drought. The Department of Water Resources
shall consult with the State Department of Public Health on what
emergency drinking water projects may be further expedited through
these funds.  
   (b) Two hundred seventy-two million five hundred thousand dollars
($272,500,000), shall be available to the Department of Water
Resources for integrated regional water management grants.
Notwithstanding Section 75100 of the Public Resources Code, the
Department of Water Resources may expend up to twenty-one million
eight hundred thousand dollars ($21,800,000) of the funds
appropriated pursuant to this paragraph for projects submitted prior
to the enactment of this section. 
   SEC. 19.    This act shall become operative only if
Assembly Bill 79 or Senate Bill 103 of the 2013-14 Regular Session is
enacted as amending the Budget Act of 2013. 
   SEC. 20.    This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.  All matter
omitted in this version of the bill appears in the bill as amended in
the Senate, June 12, 2013. (JR11)