Amended in Senate August 28, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1317

Introduced by Assembly Member Frazier

February 22, 2013

An act to amend Sections 30, 31, 101, 130, 149, 205, 1000, 8501, 8502, 8520, 8520.2, 8525, 8674, 8676, 10004, 10005, 10050, 10053, 10147, 10149, 10151.5, 10166.07, 10176.1, 10231.2, 10232.1, 10232.2, 10235.5, 10236.2, 10249.3, 10249.8, 10249.9, 10471, 10471.1, 10472, begin delete 11003.4, end delete 11010, 11010.8, 11011, 11012, 11225, 11232, 11301, 11302, 11310, 11313, 19826, begin delete 19861, 19864, end delete 19872, and 19881 of, and to repeal Sections 11313.2 and 19881.5 of, the Business and Professions Code, to amend Sections 912, 1675, 1798.3, 2985, 5240, and 5400 of the Civil Code, to amend Section 1218 of the Code of Civil Procedure, to amend Sections 14010, 14060.6, 25005, 28033, begin delete 29200 29503, 31004, end delete begin insert 29200, end insert and 31210 of, and to repeal Sections 25600, 25601, 25602, and 25603 of, the Corporations Code, to amend Sections 17444, 22001, 32282, 32282.5, 35296, 51264, 51266, 51266.5, begin delete 51269, end delete 66210, 71095, and 94600 of the Education Code, to amend Sections 298 and 17520 of the Family Code, to amend Sections 125, begin delete 320, end delete 2003, begin delete 4805.055, end delete 4970, begin delete 5104, end delete 5106, begin delete 12003, 14003, 14200.1, 14200.2, 17002, end delete 17312, 17423.1, begin delete 18002, end delete 18002.5, begin delete 22005, end delete 23001, begin delete 30002, end delete 30005, 31055, begin delete 50003, end delete and 50702 of, to amend the heading of Chapter 3 (commencing with Section 300) of Division 1 of, to amend the heading of Article 2 (commencing with Section 320) of Chapter 3 of Division 1 of, and to repeal and add begin delete Sections end delete begin insert Section end insert 321 begin delete , 351, and 371 end delete of, the Financial Code, to amend Sections 1389, 2301, 3862, and 3863 of the Fish and Game Code, to amend Sections 3806, 4101.4, and 58509 of, and to repeal Section 11451.5 of, the Food and Agricultural Code, to amend Sections 179.7, 955.1, 3101, 3102, begin delete 6253.4, end delete 6254, 6254.23, 6276.26, 6276.38, 7465, 8550, 8570.5, 8574.17, 8574.20, 8574.21, 8574.22, 8575, 8584.1, 8585, 8585.05, 8585.1, 8585.2, 8585.5, 8585.7, 8586, 8587.7, 8588, 8588.1, 8588.2, 8588.3, 8588.5, 8588.7, 8588.10, 8588.11, 8588.15, 8589, 8589.1, 8589.2, 8589.5, 8589.6, 8589.7, 8589.9, 8589.10, 8589.11, 8589.12, 8589.13, 8589.14, 8589.15, 8589.16, 8589.17, 8589.18, 8589.19, 8589.20, 8589.21, 8590.1, 8590.2, 8590.3, 8590.4, 8591, 8592.1, begin delete 8592.5, 8592.7, end delete 8593, 8593.1, 8593.2, 8593.6, 8596, 8599, 8600, 8607, 8607.2, 8608, 8610, 8610.3, 8610.5, 8612, 8613, 8614, 8639, 8649, 8651, 8657, 8657.5, 8670.20, 8670.25.5, 8670.26, 8670.64, 8680.7, 8682, 8682.2, 8682.6, 8682.8, 8682.9, 8685, 8685.2, 8685.4, 8685.6, 8685.8, 8686.2, 8686.3, 8686.4, 8686.8, 8687, 8687.2, 8687.4, 8687.7, 8692, 8696.5, 8697, 8697.5, 8711, 8840, 8841, 8844, 8870.4, 8870.7, 8870.71, 8871.3, 8871.4, 8876.7, 8878.52, 8878.90, 8878.100, 8878.125, 8879.7, 8879.23, 8879.27, 8879.50, 8879.53, 8879.57, 8879.58, 8879.59, 8879.60, 8879.61, 8886, 11018.5, 11126, 11340.2, begin delete 11534, 11541, 11542, 11546, end delete 11546.2, 11546.3, 11546.4, 11546.5, 11546.6, begin delete 11549, 11549.3, end delete 11549.4, 11552, 12012.90, 12463.1, 12804.7, 13901, 13903, 13975.1, 13976, 13978.2, 13978.4, 13984, begin delete 13995.20, end delete 13995.30, 13995.40, 13995.42, 13995.43, 13995.44, 13995.45, 13995.50, 13995.51, 13995.53, 13995.54, 13995.55, 13995.56, begin delete 13995.60, end delete 13995.63, 13995.64, 13995.65, 13995.68, 13995.69, 13995.71, 13995.72, 13995.73, 13995.74, 13995.75, 13995.77, 13995.82, 13995.83, 13995.84, 13995.102, 13995.110, 13995.116, 14001, 14002.5, 14031.8, 14070, 14087, 14500, 14520, 14601, 14669.21, 14998.2, begin delete 15251, 15253, 15254, 15275, 15277, end delete 15363.61, 15363.62, 15363.63, 15700, 15957, 16304.9, 18521, 19844.5, 20002, 26614, begin delete 51018, 53108.5, 53126.5, end delete 53630.5, 54238.3, 63021, begin delete 63021.5, end delete 65080.1, 65302, 65302.6, 66427.1, 66452.17, 66503, 66521, 66540.5, 66540.32, begin delete 91550, end delete and 99503 of, to add Sections 12803.2, 12813.5, and 19815.25 to, to repeal Section 65037.1 of, and to repeal and add Section 13975 of, the Government Code, to amend Sections 32, 33, 50, 50.1, 50.2, 81.8, 85.2, and 1150 of, to add Section 30.5 to, and to repeal Sections 31 and 65.4 of, the Harbors and Navigation Code, to amend Sections 1596.867, 1797.132, 1797.150, 1797.151, 1797.152, 1797.153, 11998.1, 13071, 13073, 13140.5, 13143.9, 18603, 18901, 18917.5, 18920, 18922, 25169.7, 25197.2, 25210.6, 25270.8, 25299.1, 25359.4, 25404.3, 25501, 25502, 25503, 25503.1, 25503.3, 25503.4, 25503.5, 25503.9, 25505.2, 25507, 25507.1, 25509, 25517.5, 25520, 25531.2, 25545, 35805, 50093, 50150, 50151, 50153, 50154, 50452, 50462, 50661.5, 50900, 51005, 51614, 51624, 53524, 101080.2, 105215, 114650, 114655, 114660, 114790, 114820, 115280, 115295, 115340, begin delete 124174.2, end delete and 130055 of, to amend the heading of Article 2 (commencing with Section 114660) of Chapter 4 of Part 9 of Division 104 of, the Health and Safety Code, to amend Sections 12406.5, 12414.31, 16020, and 16030 of the Insurance Code, to amend Sections 3211.91 and 4350 of the Labor Code, to amend Section 433.5 of the Military and Veterans Code, to amend Sections 273.82, begin delete 326.3, 326.5, end delete 830.3, 830.11, 999c, 999j, 999k, 999n, 999p, 999r, 999s, 999v, 999x, 999y, begin delete 1174.2, end delete 1191.21, 6241, 11160, 11160.1, 11161.2, 11171, 11174.34, 11501, 11502, 11504, 13100.1, 13800, 13820, 13821, 13823.2, 13823.3, 13823.4, 13823.5, 13823.6, 13823.9, 13823.12, 13823.13, 13823.15, 13823.16, 13823.17, 13825, 13826.62, 13830, 13833, 13835.2, 13835.6, 13835.7, 13835.10, 13836, 13836.1, 13843, 13844, 13846, 13847, 13847.2, 13851, 13854, 13861, 13864, 13881, 13897.2, 13897.3, 13901, 14111, 14112, 14113, 14117, 14118, 14119, 14120, 14121, and 14140 of the Penal Code, to amend begin delete Sections 12101, 12103, 12104, 12105, 12120, and 12121 end delete begin insert Section 12120 end insert of the Public Contract Code, to amend Sections 715, 2802, 2803, 2811, 2814, 2815, 3233, 5075.8, 5099.12, 10002, 25402.9, 25701, 25943, 29735, 30169, 30301, 36300, 40400, 42703, 43035, and 75121 of the Public Resources Code, to amend Sections 783, 883, 2774.5, begin delete 2872.5, 2892, 2892.1, end delete 7551.1, 7551.3, 7661, 7662, 7663, 7665.1, 7665.2, 7665.3, 7665.4, 7673, 7718, 99212, 99243, 131242, 161003, 185020, and 185035 of the Public Utilities Code, to amend Sections begin delete 97.2, end delete begin insert 97.2 and end insert 19528 begin delete , 41030, 41031, 41032, 41136.1, 41137, 41137.1, 41138, 41139, 41140, 41141, and 41142 end delete of the Revenue and Taxation Code, to add Section 22.5 to the Streets and Highways Code, to amend Sections 165, 1500, 1505, 1808.51, 2100, 2109, 2901, 2902, begin delete 5066, end delete 9706, 23112.5, and 34061 of the Vehicle Code, to amend Sections 128, 6025.6, 11910, 11910.1, 12994, 13271, 13272, and 79522 of the Water Code, and to amend Sections 1789, 9101, 9625, 14085.54, 18275.5, 18277, 18278, and 18278.5 of the Welfare and Institutions Code, relating to state government, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 1317, as amended, Frazier. State government operations.

Existing law and the Governor’s Reorganization Plan No. 2, effective July 3, 2012, and operative July 1, 2013, assigns and reorganizes the functions of state government among executive officers and agencies by creating the following general agency structure in the executive branch: Business, Consumer Services and Housing; Government Operations; Corrections and Rehabilitation; Labor and Workforce Development; California Health and Human Services; Environmental Protection; Natural Resources; and Transportation.

This bill would enact the statutory changes necessary to reflect the changes in law made by the Governor’s Reorganization Plan No. 2, and would also make additional conforming name changes to properly reflect the assignment and reorganization of the functions of state government among the newly established executive officers and agencies.

This bill would reallocate certain duties of begin insert reorganized and end insert abolished state entities and begin insert their end insert officers to established state entities and officers, including, but not limited to, reallocating specified duties of the abolished Business, Transportation and Housing Agency and its secretary to the begin insert newly end insert created Transportation Agency and its Secretary of Transportation, begin delete and the duties of the abolished Commissioner of Corporations to the Commissioner of Business Oversight, as specified. end delete begin insert and reallocating specified duties to the newly created Department of Business Oversight and its commissioner. end insert

This bill would become operative, like the Governor’s Reorganization Plan No. 2, on July 1, 2013, except as specifically provided.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 30 of the Business and Professions Code
is amended to read:

30.  

(a) Notwithstanding any other law, any board, as defined
in Section 22, and the State Bar and the Bureau of Real Estate shall
at the time of issuance of the license require that the licensee
provide its federal employer identification number, if the licensee
is a partnership, or his or her social security number for all others.

(b) Any licensee failing to provide the federal identification
number or social security number shall be reported by the licensing
board to the Franchise Tax Board and, if failing to provide after
notification pursuant to paragraph (1) of subdivision (b) of Section
19528 of the Revenue and Taxation Code, shall be subject to the
penalty provided in paragraph (2) of subdivision (b) of Section
19528 of the Revenue and Taxation Code.

(c) In addition to the penalty specified in subdivision (b), a
licensing board may not process any application for an original
license unless the applicant or licensee provides its federal
employer identification number or social security number where
requested on the application.

(d) A licensing board shall, upon request of the Franchise Tax
Board, furnish to the Franchise Tax Board the following
information with respect to every licensee:

(1) Name.

(2) Address or addresses of record.

(3) Federal employer identification number if the entity is a
partnership or social security number for all others.

(4) Type of license.

(5) Effective date of license or a renewal.

(6) Expiration date of license.

(7) Whether license is active or inactive, if known.

(8) Whether license is new or a renewal.

(e) For the purposes of this section:

(1) “Licensee” means any entity, other than a corporation,
authorized by a license, certificate, registration, or other means to
engage in a business or profession regulated by this code or referred
to in Section 1000 or 3600.

(2) “License” includes a certificate, registration, or any other
authorization needed to engage in a business or profession
regulated by this code or referred to in Section 1000 or 3600.

(3) “Licensing board” means any board, as defined in Section
22, the State Bar, and the Bureau of Real Estate.

(f) The reports required under this section shall be filed on
magnetic media or in other machine-readable form, according to
standards furnished by the Franchise Tax Board.

(g) Licensing boards shall provide to the Franchise Tax Board
the information required by this section at a time that the Franchise
Tax Board may require.

(h) Notwithstanding Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code, the social
security number and federal employer identification number
furnished pursuant to this section shall not be deemed to be a public
record and shall not be open to the public for inspection.

(i) Any deputy, agent, clerk, officer, or employee of any
licensing board described in subdivision (a), or any former officer
or employee or other individual who in the course of his or her
employment or duty has or has had access to the information
required to be furnished under this section, may not disclose or
make known in any manner that information, except as provided
in this section to the Franchise Tax Board or as provided in
subdivision (k).

(j) It is the intent of the Legislature in enacting this section to
utilize the social security account number or federal employer
identification number for the purpose of establishing the
identification of persons affected by state tax laws and for purposes
of compliance with Section 17520 of the Family Code and, to that
end, the information furnished pursuant to this section shall be
used exclusively for those purposes.

(k) If the board utilizes a national examination to issue a license,
and if a reciprocity agreement or comity exists between the State
of California and the state requesting release of the social security
number, any deputy, agent, clerk, officer, or employee of any
licensing board described in subdivision (a) may release a social
security number to an examination or licensing entity, only for the
purpose of verification of licensure or examination status.

(l) For the purposes of enforcement of Section 17520 of the
Family Code, and notwithstanding any other provision of law, any
board, as defined in Section 22, and the State Bar and the Bureau
of Real Estate shall at the time of issuance of the license require
that each licensee provide the social security number of each
individual listed on the license and any person who qualifies the
license. For the purposes of this subdivision, “licensee” means any
entity that is issued a license by any board, as defined in Section
22, the State Bar, the Bureau of Real Estate, and the Department
of Motor Vehicles.

SEC. 2.  

Section 31 of the Business and Professions Code is
amended to read:

31.  

(a) As used in this section, “board” means any entity listed
in Section 101, the entities referred to in Sections 1000 and 3600,
the State Bar, the Bureau of Real Estate, and any other state agency
that issues a license, certificate, or registration authorizing a person
to engage in a business or profession.

(b) Each applicant for the issuance or renewal of a license,
certificate, registration, or other means to engage in a business or
profession regulated by a board who is not in compliance with a
judgment or order for support shall be subject to Section 17520 of
the Family Code.

(c) “Compliance with a judgment or order for support” has the
meaning given in paragraph (4) of subdivision (a) of Section 17520
of the Family Code.

(d) Each licensee or applicant whose name appears on a list of
the 500 largest tax delinquencies pursuant to Section 7063 or 19195
of the Revenue and Taxation Code shall be subject to Section
494.5.

(e) Each application for a new license or renewal of a license
shall indicate on the application that the law allows the State Board
of Equalization and the Franchise Tax Board to share taxpayer
information with a board and requires the licensee to pay his or
her state tax obligation and that his or her license may be suspended
if the state tax obligation is not paid.

(f) For purposes of this section, “tax obligation” means the tax
imposed under, or in accordance with, Part 1 (commencing with
Section 6001), Part 1.5 (commencing with Section 7200), Part 1.6
(commencing with Section 7251), Part 1.7 (commencing with
Section 7280), Part 10 (commencing with Section 17001), or Part
11 (commencing with Section 23001) of Division 2 of the Revenue
and Taxation Code.

SEC. 3.  

Section 101 of the Business and Professions Code is
amended to read:

101.  

The department is comprised of the following:

(a) The Dental Board of California.

(b) The Medical Board of California.

(c) The State Board of Optometry.

(d) The California State Board of Pharmacy.

(e) The Veterinary Medical Board.

(f) The California Board of Accountancy.

(g) The California Architects Board.

(h) The Bureau of Barbering and Cosmetology.

(i) The Board for Professional Engineers and Land Surveyors.

(j) The Contractors’ State License Board.

(k) The Bureau for Private Postsecondary Education.

(l) The Bureau of Electronic and Appliance Repair, Home
Furnishings, and Thermal Insulation.

(m) The Board of Registered Nursing.

(n) The Board of Behavioral Sciences.

(o) The State Athletic Commission.

(p) The Cemetery and Funeral Bureau.

(q) The State Board of Guide Dogs for the Blind.

(r) The Bureau of Security and Investigative Services.

(s) The Court Reporters Board of California.

(t) The Board of Vocational Nursing and Psychiatric
Technicians.

(u) The Landscape Architects Technical Committee.

(v) The Division of Investigation.

(w) The Bureau of Automotive Repair.

(x) The Respiratory Care Board of California.

(y) The Acupuncture Board.

(z) The Board of Psychology.

(aa) The California Board of Podiatric Medicine.

(ab) The Physical Therapy Board of California.

(ac) The Arbitration Review Program.

(ad) The Physician Assistant Committee.

(ae) The Speech-Language Pathology and Audiology Board.

(af) The California Board of Occupational Therapy.

(ag) The Osteopathic Medical Board of California.

(ah) The Naturopathic Medicine Committee.

(ai) The Dental Hygiene Committee of California.

(aj) The Professional Fiduciaries Bureau.

(ak) The State Board of Chiropractic Examiners.

(al) The Bureau of Real Estate.

(am) The Bureau of Real Estate Appraisers.

(an) The Structural Pest Control Board.

(ao) Any other boards, offices, or officers subject to its
jurisdiction by law.

SEC. 4.  

Section 130 of the Business and Professions Code is
amended to read:

130.  

(a) Notwithstanding any other law, the term of office of
any member of an agency designated in subdivision (b) shall be
for a term of four years expiring on June 1.

(b) Subdivision (a) applies to the following boards or
committees:

(1) The Medical Board of California.

(2) The California Board of Podiatric Medicine.

(3) The Physical Therapy Board of California.

(4) The Board of Registered Nursing, except as provided in
subdivision (c) of Section 2703.

(5) The Board of Vocational Nursing and Psychiatric
Technicians.

(6) The State Board of Optometry.

(7) The California State Board of Pharmacy.

(8) The Veterinary Medical Board.

(9) The California Architects Board.

(10) The Landscape Architect Technical Committee.

(11) The Board for Professional Engineers and Land Surveyors.

(12) The Contractors’ State License Board.

(13) The State Board of Guide Dogs for the Blind.

(14) The Board of Behavioral Sciences.

(15) The Court Reporters Board of California.

(16) The State Athletic Commission.

(17) The Osteopathic Medical Board of California.

(18) The Respiratory Care Board of California.

(19) The Acupuncture Board.

(20) The Board of Psychology.

(21) The Structural Pest Control Board.

SEC. 5.  

Section 149 of the Business and Professions Code is
amended to read:

149.  

(a) If, upon investigation, an agency designated in
subdivision (e) has probable cause to believe that a person is
advertising in a telephone directory with respect to the offering or
performance of services, without being properly licensed by or
registered with the agency to offer or perform those services, the
agency may issue a citation under Section 148 containing an order
of correction that requires the violator to do both of the following:

(1) Cease the unlawful advertising.

(2) Notify the telephone company furnishing services to the
violator to disconnect the telephone service furnished to any
telephone number contained in the unlawful advertising.

(b) This action is stayed if the person to whom a citation is
issued under subdivision (a) notifies the agency in writing that he
or she intends to contest the citation. The agency shall afford an
opportunity for a hearing, as specified in Section 125.9.

(c) If the person to whom a citation and order of correction is
issued under subdivision (a) fails to comply with the order of
correction after that order is final, the agency shall inform the
Public Utilities Commission of the violation and the Public Utilities
Commission shall require the telephone corporation furnishing
services to that person to disconnect the telephone service furnished
to any telephone number contained in the unlawful advertising.

(d) The good faith compliance by a telephone corporation with
an order of the Public Utilities Commission to terminate service
issued pursuant to this section shall constitute a complete defense
to any civil or criminal action brought against the telephone
corporation arising from the termination of service.

(e) Subdivision (a) shall apply to the following boards, bureaus,
committees, commissions, or programs:

(1) The Bureau of Barbering and Cosmetology.

(2) The Cemetery and Funeral Bureau.

(3) The Veterinary Medical Board.

(4) The Landscape Architects Technical Committee.

(5) The California Board of Podiatric Medicine.

(6) The Respiratory Care Board of California.

(7) The Bureau of Electronic and Appliance Repair, Home
Furnishings, and Thermal Insulation.

(8) The Bureau of Security and Investigative Services.

(9) The Bureau of Automotive Repair.

(10) The California Architects Board.

(11) The Speech-Language Pathology and Audiology Board.

(12) The Board for Professional Engineers and Land Surveyors.

(13) The Board of Behavioral Sciences.

(14) The Structural Pest Control Board.

(15) The Acupuncture Board.

(16) The Board of Psychology.

(17) The California Board of Accountancy.

(18) The Naturopathic Medicine Committee.

(19) The Physical Therapy Board of California.

(20) The Bureau for Private Postsecondary Education.

SEC. 6.  

Section 205 of the Business and Professions Code is
amended to read:

205.  

(a) There is in the State Treasury the Professions and
Vocations Fund. The fund shall consist of the following special
funds:

(1) Accountancy Fund.

(2) California Architects Board Fund.

(3) Athletic Commission Fund.

(4) Barbering and Cosmetology Contingent Fund.

(5) Cemetery Fund.

(6) Contractors’ License Fund.

(7) State Dentistry Fund.

(8) State Funeral Directors and Embalmers Fund.

(9) Guide Dogs for the Blind Fund.

(10) Home Furnishings and Thermal Insulation Fund.

(11) California Architects Board-Landscape Architects Fund.

(12) Contingent Fund of the Medical Board of California.

(13) Optometry Fund.

(14) Pharmacy Board Contingent Fund.

(15) Physical Therapy Fund.

(16) Private Investigator Fund.

(17) Professional Engineer’s and Land Surveyor’s Fund.

(18) Consumer Affairs Fund.

(19) Behavioral Sciences Fund.

(20) Licensed Midwifery Fund.

(21) Court Reporters’ Fund.

(22) Veterinary Medical Board Contingent Fund.

(23) Vocational Nurses Account of the Vocational Nursing and
Psychiatric Technicians Fund.

(24) Electronic and Appliance Repair Fund.

(25) Geology and Geophysics Account of the Professional
Engineer’s and Land Surveyor’s Fund.

(26) Dispensing Opticians Fund.

(27) Acupuncture Fund.

(28) Physician Assistant Fund.

(29) Board of Podiatric Medicine Fund.

(30) Psychology Fund.

(31) Respiratory Care Fund.

(32) Speech-Language Pathology and Audiology and Hearing
Aid Dispensers Fund.

(33) Board of Registered Nursing Fund.

(34) Psychiatric Technician Examiners Account of the
Vocational Nursing and Psychiatric Technicians Fund.

(35) Animal Health Technician Examining Committee Fund.

(36) State Dental Hygiene Fund.

(37) State Dental Assistant Fund.

(38) Structural Pest Control Fund.

(39) Structural Pest Control Eradication and Enforcement Fund.

(40) Structural Pest Control Research Fund.

(b) For accounting and recordkeeping purposes, the Professions
and Vocations Fund shall be deemed to be a single special fund,
and each of the several special funds therein shall constitute and
be deemed to be a separate account in the Professions and
Vocations Fund. Each account or fund shall be available for
expenditure only for the purposes as are now or may hereafter be
provided by law.

SEC. 7.  

Section 1000 of the Business and Professions Code is
amended to read:

1000.  

(a) The law governing practitioners of chiropractic is
found in an initiative act entitled “An act prescribing the terms
upon which licenses may be issued to practitioners of chiropractic,
creating the State Board of Chiropractic Examiners and declaring
its powers and duties, prescribing penalties for violation hereof,
and repealing all acts and parts of acts inconsistent herewith,”
adopted by the electors November 7, 1922.

(b) The State Board of Chiropractic Examiners is within the
Department of Consumer Affairs.

SEC. 8.  

Section 8501 of the Business and Professions Code is
amended to read:

8501.  

“Director” refers to the Director of Consumer Affairs.

SEC. 9.  

Section 8502 of the Business and Professions Code is
amended to read:

8502.  

“Board” refers to the Structural Pest Control Board within
the Department of Consumers Affairs.

SEC. 10.  

Section 8520 of the Business and Professions Code
is amended to read:

8520.  

(a) There is in the Department of Consumer Affairs a
Structural Pest Control Board, which consists of seven members.

(b) Subject to the jurisdiction conferred upon the director by
Division 1 (commencing with Section 100), the board is vested
with the power to and shall administer the provisions of this
chapter.

(c) It is the intent of the Legislature that consumer protection
is the primary mission of the board.

(d) This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.The
repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).

SEC. 11.  

Section 8520.2 of the Business and Professions Code
is amended to read:

8520.2.  

(a) The Structural Pest Control Board is hereby
transferred from the jurisdiction of the Department of Pesticide
Regulation and placed under the jurisdiction of the Department of
Consumer Affairs.

(b) The registrar of the board under the jurisdiction of the
Department of Pesticide Regulation shall remain as the registrar
of the board under the jurisdiction of the Department of Consumer
Affairs.

(c) The members appointed to the board while under the
jurisdiction of the Department of Pesticide Regulation shall remain
as members of the board under the jurisdiction of the Department
of Consumer Affairs.

(d) All employees of the board under the jurisdiction of the
Department of Pesticide Regulation are hereby transferred to the
board under the jurisdiction of the Department of Consumer
Affairs.

(e) The duties, powers, purposes, responsibilities, and
jurisdictions of the board under the jurisdiction of the Department
of Pesticide Regulation shall remain with the board under the
jurisdiction of the Department of Consumer Affairs.

(f) For the performance of the duties and the exercise of the
powers vested in the board under this chapter, the board shall have
possession and control of all records, papers, offices, equipment,
supplies, or other property, real or personal, held for the benefit
or use by the board formerly within the jurisdiction of the
Department of Pesticide Regulation.

(g) Any reference to the board in this chapter or in any other
provision of law or regulation shall be construed as a reference to
the board under the jurisdiction of the Department of Consumer
Affairs.

SEC. 12.  

Section 8525 of the Business and Professions Code
is amended to read:

8525.  

(a) The board, subject to the approval of the director,
may, in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
adopt, amend, repeal, and enforce reasonably necessary rules and
regulations relating to the practice of pest control and its various
branches as established by Section 8560 and the administration of
this chapter.

(b) The board shall consult with the Department of Pesticide
Regulation when developing or adopting regulations that may
affect the Department of Pesticide Regulation or a county
agricultural commissioner’s responsibilities pursuant to Division
7 (commencing with Section 12500) of the Food and Agricultural
Code.

SEC. 13.  

Section 8674 of the Business and Professions Code
is amended to read:

8674.  

The fees prescribed by this chapter are the following:

(a) A duplicate license fee of not more than two dollars ($2).

(b) A fee for filing a change of name of a licensee of not more
than two dollars ($2).

(c) An operator’s examination fee of not more than twenty-five
dollars ($25).

(d) An operator’s license fee of not more than one hundred fifty
dollars ($150).

(e) An operator’s license renewal fee of not more than one
hundred fifty dollars ($150).

(f) A company registration fee of not more than one hundred
twenty dollars ($120).

(g) A branch office registration fee of not more than sixty dollars
($60).

(h) A field representative’s examination fee of not more than
fifteen dollars ($15).

(i) A field representative’s license fee of not more than forty-five
dollars ($45).

(j) A field representative’s license renewal fee of not more than
forty-five dollars ($45).

(k) An applicator’s examination fee of not more than fifteen
dollars ($15).

(l) An applicator’s license fee of not more than fifty dollars
($50).

(m) An applicator’s license renewal fee of not more than fifty
dollars ($50).

(n) An activity form fee, per property address, of not more than
three dollars ($3).

(o) A fee for certifying a copy of an activity form of not more
than three dollars ($3).

(p) A fee for filing a change of a registered company’s name,
principal office address, or branch office address, qualifying
manager, or the names of a registered company’s officers, or bond
or insurance of not more than twenty-five dollars ($25) for each
change.

(q) A fee for approval of continuing education providers of not
more than fifty dollars ($50).

(r) A pesticide use report filing fee of not more than five dollars
($5) for each pesticide use report or combination of use reports
representing a registered structural pest control company’s total
county pesticide use for the month.

(s) A fee for approval of continuing education courses of not
more than twenty-five dollars ($25).

(t) (1) Any person who pays a fee pursuant to subdivision (r)
shall, in addition, pay a fee of two dollars ($2) for each pesticide
use stamp purchased from the board. Notwithstanding any other
provision of law, the fee established pursuant to this subdivision
shall be deposited with a bank or other depository approved by
the Department of Finance and designated by the Research
Advisory Panel or into the Structural Pest Control Research Fund
that is hereby continued in existence and continuously appropriated
to be used only for structural pest control research. If the Research
Advisory Panel designates that the fees be deposited in an account
other than the Structural Pest Control Research Fund, any moneys
in the fund shall be transferred to the designated account.

(2) Prior to the deposit of any funds, the depository shall enter
into an agreement with the Department of Consumer Affairs that
includes, but is not limited to, all of the following requirements:

(A) The depository shall serve as custodian for the safekeeping
of the funds.

(B) Funds deposited in the designated account shall be
encumbered solely for the exclusive purpose of implementing and
continuing the program for which they were collected.

(C) Funds deposited in the designated account shall be subject
to an audit at least once every two years by an auditor selected by
the Director of Consumer Affairs. A copy of the audit shall be
provided to the director within 30 days of completion of the audit.

(D) The Department of Consumer Affairs shall be reimbursed
for all expenses it incurs that are reasonably related to
implementing and continuing the program for which the funds
were collected in accordance with the agreement.

(E) A reserve in an amount sufficient to pay for costs arising
from unanticipated occurrences associated with administration of
the program shall be maintained in the designated account.

(3) A charge for administrative expenses of the board in an
amount not to exceed 5 percent of the amount collected and
deposited in the Structural Pest Control Research Fund may be
assessed against the fund. The charge shall be limited to expenses
directly related to the administration of the fund.

(4) The board shall, by regulation, establish a five-member
research advisory panel begin insert , end insert including, but not limited to,
representatives from each of the following: (A) the Structural Pest
Control Board, (B) the structural pest control industry, (C) the
Department of Pesticide Regulation, and (D) the University of
California. The panel, or other entity designated by the board, shall
solicit on behalf of the board all requests for proposals and present
to the panel all proposals that meet the criteria established by the
panel. The panel shall review the proposals and recommend to the
board which proposals to accept. The recommendations shall be
accepted upon a two-thirds vote of the board. The board shall direct
the panel, or other entity designated by the board, to prepare and
issue the research contracts and authorize the transfer of funds
from the Structural Pest Control Research Fund to the applicants
whose proposals were accepted by the board.

(5) A charge for requests for proposals, contracts, and
monitoring of contracted research shall not exceed 5 percent of
the research funds available each year and shall be paid from the
Structural Pest Control Research Fund.

SEC. 14.  

Section 8676 of the Business and Professions Code
is amended to read:

8676.  

The Department of Consumer Affairs shall receive and
account for all moneys collected under this chapter at the end of
each month, and shall pay it into the Treasury to the credit of the
Structural Pest Control Fund, which is hereby continued in
existence.

The moneys in this fund shall be expended for the pro rata cost
of administration of the Department of Consumer Affairs and for
the purpose of carrying out the provisions of this chapter.

SEC. 15.  

Section 10004 of the Business and Professions Code
is amended to read:

10004.  

“Bureau” means the Bureau of Real Estate in the
Department of Consumer Affairs.

SEC. 16.  

Section 10005 of the Business and Professions Code
is amended to read:

10005.  

Whenever the terms “bureau,” “division,” “department,”
“Department of Real Estate,” “State Real Estate Division,” or
“Real Estate Division” are used in this division, they mean the
Bureau of Real Estate.

Whenever the terms “Department of Real Estate,” “ State Real
Estate Division,” or “ Real Estate Division” are used in any other
law, they mean the Bureau of Real Estate.

SEC. 17.  

Section 10050 of the Business and Professions Code
is amended to read:

10050.  

(a) There is in the Department of Consumer Affairs a
Bureau of Real Estate, the chief officer of which bureau is named
the Real Estate Commissioner.

(b) It shall be the principal responsibility of the commissioner
to enforce all laws in this part (commencing with Section 10000)
and Chapter 1 (commencing with Section 11000) of Part 2 of this
division in a manner that achieves the maximum protection for the
purchasers of real property and those persons dealing with real
estate licensees.

(c) Wherever the term “commissioner” is used in this division,
it means the Real Estate Commissioner.

SEC. 18.  

Section 10053 of the Business and Professions Code
is amended to read:

10053.  

The commissioner shall receive an annual salary as
provided in Chapter 6 (commencing with Section 11550) of Part
1 of Division 3 of Title 2 of the Government Code, to be paid
monthly out of the State Treasury upon a warrant of the Controller,
and shall be allowed his or her actual and necessary expenses in
the discharge of his or her duties.

SEC. 19.  

Section 10147 of the Business and Professions Code
is amended to read:

10147.  

(a) On or before January 1, 1993, the Seismic Safety
Commission shall develop, adopt, and publish a Commercial
Property Owner’s Guide to Earthquake Safety for distribution to
licensees for purposes of Section 2079.9 of the Civil Code and,
upon request, to any member of the general public.

(b) In developing the guide, the Seismic Safety Commission
shall consult with the Office of Emergency Services, the Division
of Mines and Geology of the Department of Conservation, the
Bureau of Real Estate, and other interested agencies and persons.

(c) The commission shall, to the extent possible, rely on
currently available data to develop the guide. To the extent
necessary, the commission may contract for the development and
production of the guide. The commission shall update the contents
of the guide whenever it determines that information within the
guide is sufficiently inaccurate or incomplete so as to reduce the
effectiveness of the guide. The commission shall charge a fee to
cover the costs of production, distribution, development, and
updating the guide.

(d) The guide shall include, but need not be limited to, all of
the following:

(1) Maps and information on geologic and seismic hazard
conditions in the state.

(2) Explanations of typical structural and nonstructural
earthquake hazards.

(3) Recommendations for mitigating the hazards of an
earthquake, including references and explanations of what
constitutes “adequate wall anchorage” as defined in Section 8893.1
of the Government Code.

(4) A statement that there are no guarantees of safety or damage
prevention that can be made with respect to a major earthquake
and that only precautions, such as retrofitting, can be taken to
reduce the risk of various types of earthquake damage. For purposes
of preparing the statement, the commission shall confer with
insurers and design professional associations.

(5) Notice of the obligation to post a sign as required by Section
8875.8 of the Government Code.

SEC. 20.  

Section 10149 of the Business and Professions Code
is amended to read:

10149.  

(a) On or before July 1, 1992, the Seismic Safety
Commission shall develop, adopt, and publish a Homeowner’s
Guide to Earthquake Safety for distribution to licensees for
purposes of Section 2079.8 of the Civil Code and, upon request,
to any member of the general public.

(b) In developing the guide, the Seismic Safety Commission
shall consult with the Office of Emergency Services, the Division
of Mines and Geology of the Department of Conservation, the
Bureau of Real Estate, and other interested agencies and persons.

(c) The commission shall, to the extent possible, rely on
currently available data to develop the guide. To the extent
necessary, the commission may contract for the development and
production of the guide. The commission shall update the contents
of the guide whenever it determines that information within the
guide is sufficiently inaccurate or incomplete so as to reduce the
effectiveness of the guide. The commission shall charge a fee to
cover the costs of production, distribution, development, and
updating the guide.

(d) The guide shall include, but need not be limited to, all of
the following:

(1) Maps and information on geologic and seismic hazard
conditions for all areas of the state.

(2) Explanations of the related structural and nonstructural
hazards.

(3) Recommendations for mitigating the hazards of an
earthquake.

(4) A statement that there are no guarantees of safety or damage
prevention that can be made with respect to a major earthquake
and that only precautions, such as retrofitting, can be taken to
reduce the risk of various types of earthquake damage. For purposes
of preparing the statement, the commission shall confer with
insurers and design professional associations.

SEC. 21.  

Section 10151.5 of the Business and Professions
Code is amended to read:

10151.5.  

(a) An applicant who is not a resident of this state
shall be eligible for a real estate license provided (1) the applicant
qualifies for licensure under this chapter, including Section 10162,
and (2) the state or other jurisdiction that is the place of residence
of the applicant permits a resident of California to qualify for and
obtain a real estate license in that jurisdiction.

(b) A foreign corporation shall be exempt from the eligibility
requirement set forth in clause (2) of subdivision (a) if, and for so
long as, at least one of the officers of the corporation who is
designated and licensed as a real estate broker pursuant to Section
10158 or 10211 is a resident of this state.

(c) Every nonresident applicant for a real estate license shall,
along with his or her application, file with the Real Estate
Commissioner an irrevocable consent that if in any action
commenced against him or her in this state, personal service of
process upon him or her cannot be made in this state after the
exercise of due diligence, a valid service may thereupon be made
upon the applicant by delivering the process to the Bureau of Real
Estate.

SEC. 22.  

Section 10166.07 of the Business and Professions
Code is amended to read:

10166.07.  

(a) A real estate broker who acts pursuant to Section
10131.1 or subdivision (d) or (e) of Section 10131, and who makes,
arranges, or services one or more loans in a calendar year that are
secured by real property containing one to four residential units,
shall annually file a business activities report, within 90 days after
the end of the broker’s fiscal year or within any additional time as
the commissioner may allow for filing for good cause. The report
shall contain within its scope all of the following information for
the fiscal year, relative to the business activities of the broker and
those of any other brokers and real estate salespersons acting under
that broker’s supervision:

(1) Name and license number of the supervising broker and
names and license numbers of the real estate brokers and
salespersons under that broker’s supervision. The report shall
include brokers and salespersons who were under the supervising
broker’s supervision for all or part of the year.

(2) A list of the real estate-related activities in which the
supervising broker and the brokers and salespersons under his or
her supervision engaged during the prior year. This listing shall
identify all of the following:

(A) Activities relating to mortgages, including arranging,
making, or servicing.

(B) Other activities performed under the real estate broker’s or
salesperson’s license.

(C) Activities performed under related licenses, including, but
not limited to, a license to engage as a finance lender or a finance
broker under the California Finance Lenders Law (Division 9
(commencing with Section 22000) of the Financial Code), or a
license to engage as a residential mortgage lender or residential
mortgage loan servicer under the California Residential Mortgage
Lending Act (Division 20 (commencing with Section 50000) of
the Financial Code).

(3) A list of the forms of media used by the broker and those
under his or her supervision to advertise to the public, including
print, radio, television, the Internet, or other means.

(4) For fixed rate loans made, brokered, or serviced, all of the
following:

(A) The total number, aggregate principal amount, lowest
interest rate, highest interest rate, and a list of the institutional
lenders of record. If the loan was funded by any lender other than
an institutional lender, the broker shall categorize the loan as
privately funded.

(B) The total number and aggregate principal amount of covered
loans, as defined in Section 4970 of the Financial Code.

(C) The total number and aggregate principal amount of loans
for which Bureau of Real Estate form RE Form 885 or an
equivalent is required.

(5) For adjustable rate loans made, brokered, or serviced, all of
the following:

(A) The total number, aggregate principal amount, lowest
beginning interest rate, highest beginning interest rate, highest
margin, and a list of the institutional lenders of record. If the loan
was funded by any lender other than an institutional lender, the
broker shall categorize the loan as privately funded.

(B) The total number and aggregate principal amount of covered
loans, as defined in Section 4970 of the Financial Code.

(C) The total number and aggregate principal amount of loans
for which Bureau of Real Estate form RE Form 885 or an
equivalent is required.

(6) For all loans made, brokered, or serviced, the total number
and aggregate principal amount of loans funded by institutional
lenders, and the total number and aggregate principal amount of
loans funded by private lenders.

(7) For all loans made, brokered, or serviced, the total number
and aggregate principal amount of loans that included a prepayment
penalty, the minimum prepayment penalty length, the maximum
prepayment penalty length, and the number of loans with
prepayment penalties whose length exceeded the length of time
before the borrower’s loan payment amount could increase.

(8) For all loans brokered, the total compensation received by
the broker, including yield spread premiums, commissions, and
rebates, but excluding compensation used to pay fees for third-party
services on behalf of the borrower.

(9) For all mortgage loans made or brokered, the total number
of loans for which a mortgage loan disclosure statement was
provided in a language other than English, and the number of forms
provided per language other than English.

(10) For all mortgage loans serviced, the total amount of funds
advanced to be applied toward a payment to protect the security
of the note being serviced.

(11) For purposes of this section, an institutional lender has the
meaning specified in paragraph (1) of subdivision (c) of Section
10232.

(b) A broker subject to this section and Section 10232.2 may
file consolidated reports that include all of the information required
under this section and Section 10232.2. Those consolidated reports
shall clearly indicate that they are intended to satisfy the
requirements of both sections.

(c) If a broker subject to this section fails to timely file the report
required under this section, the commissioner may cause an
examination and report to be made and may charge the broker one
and one-half times the cost of making the examination and report.
In determining the hourly cost incurred by the commissioner for
conducting an examination and preparing the report, the
commissioner may use the estimated average hourly cost for all
department audit staff performing audits of real estate brokers. If
a broker fails to pay the commissioner’s cost within 60 days of the
mailing of a notice of billing, the commissioner may suspend the
broker’s license or deny renewal of that license. The suspension
or denial shall remain in effect until the billed amount is paid or
the broker’s right to renew a license has expired. The commissioner
may maintain an action for the recovery of the billed amount in
any court of competent jurisdiction.

(d) The report described in this section is exempted from any
requirement of public disclosure by paragraph (2) of subdivision
(d) of Section 6254 of the Government Code.

(e) The commissioner may waive the requirement to submit
certain information described in paragraphs (1) to (10), inclusive,
of subdivision (a) if the commissioner determines that this
information is duplicative of information required by the
Nationwide Mortgage Licensing System and Registry, pursuant
to Section 10166.08.

SEC. 23.  

Section 10176.1 of the Business and Professions
Code is amended to read:

10176.1.  

(a) (1) Whenever the commissioner takes any
enforcement or disciplinary action against a licensee, and the
enforcement or disciplinary action is related to escrow services
provided pursuant to paragraph (4) of subdivision (a) of Section
17006 of the Financial Code, upon the action becoming final the
commissioner shall notify the Insurance Commissioner and the
Commissioner of Business Oversight of the action or actions taken.
The purpose of this notification is to alert the departments that
enforcement or disciplinary action has been taken, if the licensee
seeks or obtains employment with entities regulated by the
departments.

(2) The commissioner shall provide the Insurance Commissioner
and the Commissioner of Business Oversight, in addition to the
notification of the action taken, with a copy of the written
accusation, statement of issues, or order issued or filed in the matter
and, at the request of the Insurance Commissioner or the
Commissioner of Business Oversight, with any underlying factual
material relevant to the enforcement or disciplinary action. Any
confidential information provided by the commissioner to the
Insurance Commissioner or the Commissioner of Business
Oversight shall not be made public pursuant to this section.
Notwithstanding any other provision of law, the disclosure of any
underlying factual material to the Insurance Commissioner or the
Commissioner of Business Oversight shall not operate as a waiver
of confidentiality or any privilege that the commissioner may
assert.

(b) The commissioner shall establish and maintain, on the Web
site maintained by the Bureau of Real Estate, a database of its
licensees, including those who have been subject to any
enforcement or disciplinary action that triggers the notification
requirements of this section. The database shall also contain a
direct link to the databases, described in Section 17423.1 of the
Financial Code and Section 12414.31 of the Insurance Code and
required to be maintained on the Web sites of the Department of
Corporations and the Department of Insurance, respectively, of
persons who have been subject to enforcement or disciplinary
action for malfeasance or misconduct related to the escrow industry
by the Insurance Commissioner and the Commissioner of Business
Oversight.

(c) There shall be no liability on the part of, and no cause of
action of any nature shall arise against, the State of California, the
Bureau of Real Estate, the Real Estate Commissioner, any other
state agency, or any officer, agent, employee, consultant, or
contractor of the state, for the release of any false or unauthorized
information pursuant to this section, unless the release of that
information was done with knowledge and malice, or for the failure
to release any information pursuant to this section.

SEC. 24.  

Section 10231.2 of the Business and Professions
Code is amended to read:

10231.2.  

(a) A real estate broker who, through express or
implied representations that the broker or any salesperson acting
on the broker’s behalf is engaging in acts for which a real estate
license is required by subdivision (d) or (e) of Section 10131,
proposes to solicit and accept funds, or to cause the solicitation
and acceptance of funds, to be applied to a purchase or loan
transaction in which the broker will directly or indirectly obtain
the use or benefit of the funds other than for commissions, fees,
and costs and expenses as provided by law for the broker’s services
as an agent, shall, prior to the making of any representation,
solicitation, or presentation of the statement described in
subdivision (b), submit the following to the Bureau of Real Estate:

(1) A true copy of the statement described in subdivision (b)
complete except for the signature of the prospective lender or
purchaser.

(2) A statement that the submittal is being made to the bureau
pursuant to Section 10231.2.

(b) A broker making a solicitation pursuant to subdivision (a)
shall deliver, or cause to be delivered, to the person solicited, the
applicable completed statement described in Section 10232.5 not
less than 24 hours before the earlier of the acceptance of any funds
from that person by or on behalf of the broker or the execution of
any instrument obligating the person to make the loan or purchase.
The statement shall be signed by the prospective lender or
purchaser and by the real estate broker or, on the broker’s behalf,
by a real estate salesperson licensed to the broker. When so
executed, an exact copy of the executed statement shall be given
to the prospective lender or purchaser, and the broker shall retain
a true copy of the executed statement for a period of four years.

(c) None of the provisions of subdivision (a) or (b) shall apply
in the case of an offering of a security authorized pursuant to
applicable provisions of the Corporate Securities Law of 1968
(Division 1 (commencing with Section 25000) of Title 4 of the
Corporations Code).

(d) In the case of a solicitation by a corporate real estate broker,
the provisions of subdivisions (a) and (b) shall apply if the funds
solicited are intended for the direct or indirect use or benefit of an
officer or director of the corporation or of a person with a
10-percent or greater ownership interest in the corporation.

SEC. 25.  

Section 10232.1 of the Business and Professions
Code is amended to read:

10232.1.  

(a) A real estate broker, prior to the use of any
proposed advertisement in connection with the conduct of activities
described in subdivisions (d) and (e) of Section 10131 and Section
10131.1, may submit a true copy thereof to the Bureau of Real
Estate for approval. The submission shall be accompanied by a
fee of not more than forty dollars ($40). The commissioner shall
by regulation prescribe the amount of the fee. If disapproval of the
proposed advertisement is not communicated by the bureau to the
broker within 15 calendar days after receipt of the copy of the
proposed advertisement by the bureau, the proposed advertisement
shall be deemed approved, but the bureau shall not be precluded
from disapproving a later publication or other use of the same or
similar advertising.

The commissioner shall adopt regulations pertaining to the
submittal and clearance of that advertising and establishing criteria
for approval to ensure that the public will be protected against
false or misleading representations.

Except as provided in subdivision (b), “advertisement” includes
dissemination in any newspaper, circular, form letter, brochure or
similar publication, display, sign, radio broadcast or telecast, which
concerns (1) the use, terms, rates, conditions, or the amount of any
loan or sale referred to in subdivisions (d) and (e) of Section 10131
or Section 10131.1 or (2) the security, solvency, or stability of any
person carrying on the activities described in those sections.

(b) “Advertisement” does not include a letter or brochure that
meets both of the following criteria:

(1) It is restricted in distribution to other real estate brokers and
to persons for whom the broker has previously acted as an agent
in arranging a loan secured by real property or in the purchase,
sale, or exchange of a deed of trust or real property sales contract.

(2) It is restricted in content to the identification and a
description of the terms of loans, mortgages, deeds of trust, real
property sales contracts, or any combination thereof offered for
funding or purchase through the broker as agent.

(c) Subdivision (a) is not applicable to advertising that is used
exclusively in connection with an offering authorized by permit
issued pursuant to the applicable provisions of the Corporate
Securities Law of 1968 (Division 1 (commencing with Section
25000) of Title 4 of the Corporations Code).

(d) All advertising approvals shall be for a period of five years
after the date of approval. The approval period applies to all
advertising, including that which was previously submitted on a
mandatory basis.

SEC. 26.  

Section 10232.2 of the Business and Professions
Code is amended to read:

10232.2.  

A real estate broker who meets the criteria of
subdivision (a) of Section 10232 shall annually file the reports
referred to in subdivisions (a) and (c) with the Bureau of Real
Estate within 90 days after the end of the broker’s fiscal year or
within any additional time as the Real Estate Commissioner may
allow for filing for good cause:

(a) The report of a review by a licensed California independent
public accountant of trust fund financial statements, conducted in
accordance with generally accepted accounting practices, which
shall include within its scope the following information for the
fiscal year relative to the business activities of the broker described
in subdivisions (d) and (e) of Section 10131:

(1) The receipt and disposition of all funds of others to be
applied to the making of loans and the purchasing of promissory
notes or real property sales contracts.

(2) The receipt and disposition of all funds of others in
connection with the servicing by the broker of the accounts of
owners of promissory notes and real property sales contracts
including installment payments and loan or contract payoffs by
obligors.

(3) A statement as of the end of the fiscal year which shall
include an itemized trust fund accounting of the broker and
confirmation that the trust funds are on deposit in an account or
accounts maintained by the broker in a financial institution.

(b) A broker who meets the criteria of Section 10232, but who,
in carrying on the activities described in subdivisions (d) and (e)
of Section 10131, has not during a fiscal year, accepted for the
benefit of a person to whom the broker is a trustee, any payment
or remittance in a form convertible to cash by the broker, need not
comply with the provisions of subdivision (a). In lieu thereof, the
broker shall submit to the commissioner within 30 days after the
end of the broker’s fiscal year or, within any additional time as
the commissioner may allow for a filing for good cause, a notarized
statement under penalty of perjury on a form provided by the
bureau attesting to the fact that the broker did not receive any trust
funds in cash or convertible to cash during the fiscal year.

(c) A report of all of the following aspects of the business
conducted by the broker while engaging in activities described in
subdivisions (d) and (e) of Section 10131 and in Section 10131.1:

(1) Number and aggregate dollar amount of loan, trust deed
sales begin insert , end insert and real property sales contract transactions negotiated.

(2) Number and aggregate dollar amount of promissory notes
and contracts serviced by the broker or an affiliate of the broker.

(3) Number and aggregate dollar amount of late payment
charges, prepayment penalties begin insert , end insert and other fees or charges collected
and retained by the broker under servicing agreements with
beneficiaries and obligees.

(4) Default and foreclosure experience in connection with
promissory notes and contracts subject to servicing agreements
between the broker and beneficiaries or obligees.

(5) Commissions received by the broker for services performed
as agent in negotiating loans and sales of promissory notes and
real property sales contracts.

(6) Aggregate costs and expenses as referred to in Section 10241
paid by borrowers to the broker.

(d) The commissioner shall adopt regulations prescribing the
form and content of the report referred to in subdivision (c) with
appropriate categories to afford a better understanding of the
business conducted by the broker.

(e) If the broker fails to file either of the reports required under
subdivisions (a) and (c) within the time permitted herein, the
commissioner may cause an examination and report to be made
and may charge the broker one and one-half times the cost of
making the examination and report. In determining the hourly cost
incurred by the commissioner for conducting an examination and
preparing the report, the commissioner may use the estimated
average hourly cost for all department audit staff performing audits
of real estate brokers. If a broker fails to pay the above amount
within 60 days of the mailing of a notice of billing, the
commissioner may suspend the broker’s license or deny renewal
of the broker’s license. The suspension or denial shall remain in
effect until the above amount is paid or the broker’s right to renew
a license has expired. The commissioner may maintain an action
for the recovery of the above amount in any court of competent
jurisdiction.

(f) The reports referred to in subdivisions (a) and (c) are
exempted from any requirement of public disclosure by paragraph
(2) of subdivision (d) of Section 6254 of the Government Code.
The commissioner shall annually make and file as a public record,
a composite of the annual reports and any comments thereon which
are deemed to be in the public interest.

SEC. 27.  

Section 10235.5 of the Business and Professions
Code is amended to read:

10235.5.  

(a) No real estate licensee or mortgage loan originator
shall place an advertisement disseminated primarily in this state
for a loan unless there is disclosed within the printed text of that
advertisement, or the oral text in the case of a radio or television
advertisement, the Bureau of Real Estate number and the unique
identifier assigned to that licensee by the Nationwide Mortgage
Licensing System and Registry under which the loan would be
made or arranged.

(b) “Mortgage loan originator,” “unique identifier,” and
“Nationwide Mortgage Licensing System and Registry” have the
meanings set forth in Section 10166.01.

SEC. 28.  

Section 10236.2 of the Business and Professions
Code is amended to read:

10236.2.  

(a) A real estate broker who satisfies the criteria of
subdivision (a) or (b) of Section 10232 and who fails to notify the
Bureau of Real Estate, in writing, of that fact within 30 days
thereafter as required by subdivision (e) of Section 10232 shall be
assessed a penalty of fifty dollars ($50) per day for each additional
day written notification has not been received up to and including
the 30th day after the first day of the assessment penalty. On and
after the 31st day the penalty is one hundred dollars ($100) per
day, not to exceed a total penalty of ten thousand dollars ($10,000),
regardless of the number of days, until the bureau receives the
written notification.

(b) The commissioner may suspend or revoke the license of any
real estate broker who fails to pay a penalty imposed under this
section. In addition, the commissioner may bring an action in an
appropriate court of this state to collect payment of the penalty.

(c) All penalties paid or collected under this section shall be
deposited into the Consumer Recovery Account of the Real Estate
Fund.

SEC. 29.  

Section 10249.3 of the Business and Professions
Code is amended to read:

10249.3.  

(a) The commissioner may by regulation prescribe
filing fees in connection with registrations with the bureau pursuant
to the provisions of this article that are lower than the maximum
fees specified in subdivision (b) if the commissioner determines
that the lower fees are sufficient to offset the costs and expenses
incurred in the administration of this article. The commissioner
shall hold at least one hearing each calendar year to determine if
lower fees than those specified in subdivision (b) should be
prescribed.

(b) The filing fee for an application for a registration with the
bureau pursuant to the provisions of this article shall not exceed
the following for each subdivision or phase of the subdivision in
which interests are to be offered for sale or lease:

(1) An application for an original registration: One hundred
dollars ($100).

(2) An application for a renewal registration: One hundred
dollars ($100).

(3) An application for an amended registration: One hundred
dollars ($100).

(c) All fees collected by the Bureau of Real Estate under
authority of this article shall be deposited into the Real Estate Fund
under Chapter 6 (commencing with Section 10450) of Part 1. All
fees received by the bureau pursuant to the provisions of this article
shall be deemed earned upon receipt. No part of any fee is
refundable unless the commissioner determines that it was paid as
a result of mistake or inadvertence.

SEC. 30.  

Section 10249.8 of the Business and Professions
Code is amended to read:

10249.8.  

(a) Notwithstanding any provision to the contrary in
Section 10249 or 11000, it is unlawful for a person, in this state,
to sell or lease or offer for sale or lease lots, parcels, or interests
in a subdivision, as defined in Section 10249.1, entirely located
outside of this state but within the United States, unless any printed
material, literature, advertising, or invitation in this state relating
to that sale, lease, or offer clearly and conspicuously contains the
following disclaimer in at least 10-point type:

 

WARNING: THE CALIFORNIA BUREAU OF REAL ESTATE
HAS NOT INSPECTED, EXAMINED, OR QUALIFIED THIS
OFFERING.

 

(b) If an offer on property described in subdivision (a) is not
initially made in writing, the disclaimer set forth in subdivision
(c) shall be received by the offeree in writing prior to a visit to a
location, sales presentation, or contact with a person representing
the offeror, when the visit or contact was scheduled or arranged
by the offeror or its representative. The deposit of the disclaimer
in the United States mail, addressed to the offeree and with
first-class postage prepaid, at least five days prior to the scheduled
or arranged visit or contact, shall be deemed to constitute delivery
for purposes of this section.

(c) If a California resident is presented with an agreement or
contract to lease or purchase any property described in subdivision
(a), where an offer to lease or purchase that property was made to
that resident in California, a copy of the disclaimer set forth in this
subdivision shall be inserted in at least 10-point type at the top of
the first page of that agreement or contract and shall be initialed
by that California resident.

 

WARNING: THE CALIFORNIA BUREAU OF REAL ESTATE
HAS NOT QUALIFIED, INSPECTED, OR EXAMINED THIS
OFFERING, INCLUDING, BUT NOT LIMITED TO, THE
CONDITION OF TITLE, THE STATUS OF BLANKET LIENS
ON THE PROJECT (IF ANY), ARRANGEMENTS TO ASSURE
PROJECT COMPLETION, ESCROW PRACTICES, CONTROL
OVER PROJECT MANAGEMENT, RACIALLY
DISCRIMINATORY PRACTICES (IF ANY), TERMS,
CONDITIONS, AND PRICE OF THE OFFER, CONTROL OVER
ANNUAL ASSESSMENTS (IF ANY), OR THE AVAILABILITY
OF WATER, SERVICES, UTILITIES, OR IMPROVEMENTS.
IT MAY BE ADVISABLE FOR YOU TO CONSULT AN
ATTORNEY OR OTHER KNOWLEDGEABLE
PROFESSIONAL WHO IS FAMILIAR WITH REAL ESTATE
AND DEVELOPMENT LAW IN THE STATE WHERE THIS
SUBDIVISION IS SITUATED.

 

SEC. 31.  

Section 10249.9 of the Business and Professions
Code is amended to read:

10249.9.  

(a) Notwithstanding any provision to the contrary in
Section 10249 or 11000, it is unlawful for a person, in this state,
to sell or lease or offer for sale or lease a lot, parcel, or interest in
a subdivision, located outside the United States, unless the printed
material, literature, advertising, or invitation in this state relating
to that sale, lease, or offer clearly and conspicuously contains the
following disclaimer in at least 10-point capital type:

 

WARNING: THE CALIFORNIA BUREAU OF REAL ESTATE
HAS NOT EXAMINED THIS OFFERING, INCLUDING, BUT
NOT LIMITED TO, THE CONDITION OF TITLE, THE STATUS
OF BLANKET LIENS ON THE PROJECT (IF ANY),
ARRANGEMENTS TO ASSURE PROJECT COMPLETION,
ESCROW PRACTICES, CONTROL OVER PROJECT
MANAGEMENT, RACIALLY DISCRIMINATORY
PRACTICES (IF ANY), TERMS, CONDITIONS, AND PRICE
OF THE OFFER, CONTROL OVER ANNUAL ASSESSMENTS
(IF ANY), OR THE AVAILABILITY OF WATER, SERVICES,
UTILITIES, OR IMPROVEMENTS. IT MAY BE ADVISABLE
FOR YOU TO CONSULT AN ATTORNEY OR OTHER
KNOWLEDGEABLE PROFESSIONAL WHO IS FAMILIAR
WITH REAL ESTATE AND DEVELOPMENT LAW IN THE
COUNTRY WHERE THIS SUBDIVISION IS SITUATED.

 

(b) If an offer on property described in subdivision (a) is not
initially made in writing, the foregoing disclaimer shall be received
by the offeree in writing prior to a visit to a location, sales
presentation, or contact with a person representing the offeror,
when the visit or contact was scheduled or arranged by the offeror
or its representative. The deposit of the disclaimer in the United
States mail, addressed to the offeree and with first-class postage
prepaid, at least five days prior to the scheduled or arranged visit
or contact, shall be deemed to constitute delivery for purposes of
this section.

(c) If any California resident is presented with an agreement or
contract to lease or purchase a property described in subdivision
(a), where an offer to lease or purchase that property was made to
that resident in California, a copy of the disclaimer set forth in
subdivision (a) shall be inserted in at least 10-point type at the top
of the first page of that agreement or contract and shall be initialed
by that California resident.

SEC. 32.  

Section 10471 of the Business and Professions Code
is amended to read:

10471.  

(a) When an aggrieved person obtains (1) a final
judgment in a court of competent jurisdiction, including, but not
limited to, a criminal restitution order issued pursuant to
subdivision (f) of Section 1202.4 of the Penal Code or Section
3663 of Title 18 of the United States Code, or (2) an arbitration
award that includes findings of fact and conclusions of law
rendered in accordance with the rules established by the American
Arbitration Association or another recognized arbitration body,
and in accordance with Sections 1281 to 1294.2, inclusive, of the
Code of Civil Procedure where applicable, and where the
arbitration award has been confirmed and reduced to judgment
pursuant to Section 1287.4 of the Code of Civil Procedure, against
a defendant based upon the defendant’s fraud, misrepresentation,
or deceit, made with intent to defraud, or conversion of trust funds,
arising directly out of any transaction in which the defendant, while
licensed under this part, performed acts for which a real estate
license was required, the aggrieved person may, upon the judgment
becoming final, file an application with the Bureau of Real Estate
for payment from the Consumer Recovery Account, within the
limitations specified in Section 10474, of the amount unpaid on
the judgment that represents an actual and direct loss to the
claimant in the transaction. As used in this chapter, “court of
competent jurisdiction” includes the federal courts, but does not
include the courts of another state.

(b) The application shall be delivered in person or by certified
mail to an office of the bureau not later than one year after the
judgment has become final.

(c) The application shall be made on a form prescribed by the
bureau, verified by the claimant, and shall include the following:

(1) The name and address of the claimant.

(2) If the claimant is represented by an attorney, the name,
business address, and telephone number of the attorney.

(3) The identification of the judgment, the amount of the claim begin insert , end insert
and an explanation of its computation.

(4) A detailed narrative statement of the facts in explanation of
the allegations of the complaint upon which the underlying
judgment is based.

(5) (A) Except as provided in subparagraph (B), a statement
by the claimant, signed under penalty of perjury, that the complaint
upon which the underlying judgment is based was prosecuted
conscientiously and in good faith. As used in this section,
“conscientiously and in good faith” means that no party potentially
liable to the claimant in the underlying transaction was intentionally
and without good cause omitted from the complaint, that no party
named in the complaint who otherwise reasonably appeared capable
of responding in damages was dismissed from the complaint
intentionally and without good cause, and that the claimant
employed no other procedural means contrary to the diligent
prosecution of the complaint in order to seek to qualify for the
Consumer Recovery Account.

(B) For the purpose of an application based on a criminal
restitution order, all of the following statements by the claimant:

(i) The claimant has not intentionally and without good cause
failed to pursue any person potentially liable to the claimant in the
underlying transaction other than a defendant who is the subject
of a criminal restitution order.

(ii) The claimant has not intentionally and without good cause
failed to pursue in a civil action for damages all persons potentially
liable to the claimant in the underlying transaction who otherwise
reasonably appeared capable of responding in damages other than
a defendant who is the subject of a criminal restitution order.

(iii) The claimant employed no other procedural means contrary
to the diligent prosecution of the complaint in order to seek to
qualify for the Consumer Recovery Account.

(6) The name and address of the judgment debtor or, if not
known, the names and addresses of persons who may know the
judgment debtor’s present whereabouts.

(7) The following representations and information from the
claimant:

(A) That he or she is not a spouse of the judgment debtor nor a
personal representative of the spouse.

(B) That he or she has complied with all of the requirements of
this chapter.

(C) That the judgment underlying the claim meets the
requirements of subdivision (a).

(D) A description of searches and inquiries conducted by or on
behalf of the claimant with respect to the judgment debtor’s assets
liable to be sold or applied to satisfaction of the judgment, an
itemized valuation of the assets discovered, and the results of
actions by the claimant to have the assets applied to satisfaction
of the judgment.

(E) That he or she has diligently pursued collection efforts
against all judgment debtors and all other persons liable to the
claimant in the transaction that is the basis for the underlying
judgment.

(F) That the underlying judgment and debt have not been
discharged in bankruptcy, or, in the case of a bankruptcy
proceeding that is open at or after the time of the filing of the
application, that the judgment and debt have been declared to be
nondischargeable.

(G) That the application was mailed or delivered to the bureau
no later than one year after the underlying judgment became final.

(d) If the claimant is basing his or her application upon a
judgment against a salesperson, and the claimant has not obtained
a judgment against that salesperson’s employing broker, if any, or
has not diligently pursued the assets of that broker, the application
shall be denied for failure to diligently pursue the assets of all other
persons liable to the claimant in the transaction unless the claimant
can demonstrate, by clear and convincing evidence, either that the
salesperson was not employed by a broker at the time of the
transaction, or that the salesperson’s employing broker would not
have been liable to the claimant because the salesperson was acting
outside the scope of his or her employment by the broker in the
transaction.

(e) The application form shall include detailed instructions with
respect to documentary evidence, pleadings, court rulings, the
products of discovery in the underlying litigation, and a notice to
the applicant of his or her obligation to protect the underlying
judgment from discharge in bankruptcy, to be appended to the
application.

(f) An application for payment from the Consumer Recovery
Account that is based on a criminal restitution order shall comply
with all of the requirements of this chapter. For the purpose of an
application based on a criminal restitution order, the following
terms have the following meanings:

(1) “Judgment” means the criminal restitution order.

(2) “Complaint” means the facts of the underlying transaction
upon which the criminal restitution order is based.

(3) “Judgment debtor” means any defendant who is the subject
of the criminal restitution order.

The amendments to this section made at the July 1997-98
Regular Session shall become operative July 1, 2000.

SEC. 33.  

Section 10471.1 of the Business and Professions
Code is amended to read:

10471.1.  

(a) The claimant shall serve a copy of the notice
prescribed in subdivision (e) together with a copy of the application
upon the judgment debtor by personal service, by certified mail,
or by publication, as set forth in subdivision (b).

(b) If the judgment debtor holds an unexpired and unrevoked
license issued by the bureau, service of the notice and a copy of
the application may be made by certified mail addressed to the
judgment debtor at the latest business or residence address on file
with the bureau. If the judgment debtor does not hold an unexpired
and unrevoked license issued by the bureau and personal service
cannot be effected through the exercise of reasonable diligence,
the claimant shall serve the judgment debtor by one publication
of the notice in each of two successive weeks in a newspaper of
general circulation published in the county in which the judgment
debtor was last known to reside.

(c) If the application is served upon the judgment debtor by
certified mail, service is complete five days after mailing if the
place of address is within the State of California, 10 days after
mailing if the place of address is outside the State of California
but within the United States, and 20 days after mailing if the place
of address is outside the United States. Personal service is complete
on the date of service. Service by publication is complete upon
completion of the second week of publication.

(d) If a judgment debtor wishes to contest payment of an
application by the commissioner, he or she shall mail or deliver a
written response to the application addressed to the bureau at its
headquarters office within 30 days after service of the notice and
application, and shall mail or deliver a copy of the response to the
claimant. If a judgment debtor fails to mail or deliver a timely
response, he or she shall have waived his or her right to present
objections to payment.

(e) The notice served upon the judgment debtor shall include
the following statement:

 

“NOTICE: Based upon a judgment entered against you in favor of    (name of claimant)   , application for payment from the Consumer Recovery Account of the Real Estate Fund is being made to the Bureau of Real Estate.  “If payment is made from the Consumer Recovery Account, all licenses and license rights that you have under the Real Estate Law will be automatically suspended on the date of payment and cannot be reinstated until the Consumer Recovery Account has been reimbursed for the amount paid plus interest at the prevailing rate.  “If you wish to contest payment by the Real Estate Commissioner, you must file a written response to the application addressed to the Bureau of Real Estate at ___________ within 30 days after mailing, delivery, or publication of this notice and mail or deliver a copy of that response to the claimant. If you fail to do so, you will have waived your right to present your objections to payment.”

 

(f) If a judgment debtor fails to mail or deliver a written response
to the application with the bureau within 30 days after personal
service, mailing, or final publication of the notice, the judgment
debtor shall not thereafter be entitled to notice of any action taken
or proposed to be taken by the commissioner with respect to the
application.

SEC. 34.  

Section 10472 of the Business and Professions Code
is amended to read:

10472.  

(a) A claimant against whom the commissioner has
rendered a decision denying an application pursuant to Section
10471 may, within six months after the mailing of the notice of
the denial, file a verified application in superior court for an Order
Directing Payment Out of the Consumer Recovery Account based
upon the grounds set forth in the application to the commissioner.
If the underlying judgment is a California state court judgment,
the application shall be filed in the court in which the underlying
judgment was entered. If the underlying judgment is a federal court
judgment, the application shall be filed in the superior court of any
county within California that would have been a proper venue if
the underlying lawsuit had been filed in a California state court,
or in the Superior Court of the County of Sacramento.

(b) A copy of the verified application shall be served upon the
commissioner and upon the judgment debtor. A certificate or
affidavit of service shall be filed by the claimant with the court.
Service on the commissioner may be made by certified mail
addressed to the headquarters office of the bureau. Service upon
a judgment debtor may be made in accordance with Section
10471.1. The notice served upon the judgment debtor shall read
as follows:

“NOTICE: An application has been filed with the court for a
payment from the Consumer Recovery Account that was previously
denied by the Real Estate Commissioner.

“If the Bureau of Real Estate makes a payment from the
Consumer Recovery Account pursuant to court order, all of your
licenses and license rights under the Real Estate Law will be
automatically suspended until the Consumer Recovery Account
has been reimbursed for the amount paid plus interest at the
prevailing rate.

“If you wish to defend in court against this application, you must
file a written response with the court within 30 days after having
been served with a copy of the application. If you do not file a
written response, you will have waived your right to defend against
the application.”

begin delete

SEC. 35.  

Section 11003.4 of the Business and Professions
Code is amended to read:

11003.4.  

(a) A “limited-equity housing cooperative” or a
“workforce housing cooperative trust” is a corporation that meets
the criteria of Section 11003.2 and that also meets the criteria of
Sections 817 and 817.1 of the Civil Code, as applicable. Except
as provided in subdivision (b), a limited-equity housing or
workforce housing cooperative trust shall be subject to all the
requirements of this chapter pertaining to stock cooperatives.

(b) A limited-equity housing cooperative or a workforce housing
cooperative trust shall be exempt from the requirements of this
chapter if the limited-equity housing cooperative or workforce
housing cooperative trust complies with all the following
conditions:

(1) The United States Department of Housing and Urban
Development, the United States Department of Agriculture, the
National Consumers Cooperative Bank, the California Housing
Finance Agency, the Public Employees’ Retirement System
(PERS), the State Teachers’ Retirement System (STRS), the
Department of Housing and Community Development, or the
Federal Home Loan Bank System or any of its member institutions,
alone or in any combination with each other, or with the city,
county, school district, or redevelopment agency in which the
cooperative is located, directly finances or subsidizes at least 50
percent of the total construction or development cost or one
hundred thousand dollars ($100,000), whichever is less; or the real
property to be occupied by the cooperative was sold or leased by
the Transportation Agency, other state agency, a city, a county, or
a school district for the development of the cooperative and has a
regulatory agreement approved by the Department of Housing and
Community Development for the term of the permanent financing,
notwithstanding the source of the permanent subsidy or financing.

(2) No more than 20 percent of the total development cost of a
limited-equity mobilehome park, and no more than 10 percent of
the total development cost of other limited-equity housing
cooperatives, is provided by purchasers of membership shares.

(3) A regulatory agreement that covers the cooperative for a
term of at least as long as the duration of the permanent financing
or subsidy, notwithstanding the source of the permanent subsidy
or financing has been duly executed between the recipient of the
financing and either (A) one of the federal or state agencies
specified in paragraph (1) or (B) a local public agency that is
providing financing for the project under a regulatory agreement
meeting standards of the Department of Housing and Community
Development. The regulatory agreement shall make provision for
at least all of the following:

(A) Assurances for completion of the common areas and
facilities to be owned or leased by the limited-equity housing
cooperative, unless a construction agreement between the same
parties contains written assurances for completion.

(B) Governing instruments for the organization and operation
of the housing cooperative by the members.

(C) The ongoing fiscal management of the project by the
cooperative, including an adequate budget, reserves, and provisions
for maintenance and management.

(D) Distribution of a membership information report to any
prospective purchaser of a membership share, prior to purchase
of that share. The membership information report shall contain
full disclosure of the financial obligations and responsibilities of
cooperative membership, the resale of shares, the financing of the
cooperative including any arrangements made with any partners,
membership share accounts, occupancy restrictions, management
arrangements, and any other information pertinent to the benefits,
risks, and obligations of cooperative ownership.

(4) The federal, state, or local public agency that executes the
regulatory agreement shall satisfy itself that the bylaws, articles
of incorporation, occupancy agreement, subscription agreement,
any lease of the regulated premises, any arrangement with partners,
and arrangement for membership share accounts provide adequate
protection of the rights of cooperative members.

(5) The federal or state agency shall receive from the attorney
for the recipient of the financing or subsidy a legal opinion that
the cooperative meets the requirements of Section 817 of the Civil
Code and the exemption provided by this section.

(c) Any limited-equity cooperative, or workforce housing
cooperative trust that meets the requirements for exemption
pursuant to subdivision (b) may elect to be subject to all provisions
of this chapter.

(d) The developer of the cooperative shall notify the Bureau of
Real Estate, on a form provided by the bureau, that an exemption
is claimed under this section. The Bureau of Real Estate shall retain
this form for at least four years for statistical purposes.

end delete

begin delete SEC. 36. end delete
begin insert SEC. 35. end insert   

Section 11010 of the Business and Professions Code
is amended to read:

11010.  

(a) Except as otherwise provided pursuant to
subdivision (c) or elsewhere in this chapter, any person who intends
to offer subdivided lands within this state for sale or lease shall
file with the Bureau of Real Estate an application for a public
report consisting of a notice of intention and a completed
questionnaire on a form prepared by the bureau.

(b) The notice of intention shall contain the following
information about the subdivided lands and the proposed offering:

(1) The name and address of the owner.

(2) The name and address of the subdivider.

(3) The legal description and area of lands.

(4) A true statement of the condition of the title to the land,
particularly including all encumbrances thereon.

(5) A true statement of the terms and conditions on which it is
intended to dispose of the land, together with copies of any
contracts intended to be used.

(6) A true statement of the provisions, if any, that have been
made for public utilities in the proposed subdivision, including
water, electricity, gas, telephone, and sewerage facilities. For
subdivided lands that were subject to the imposition of a condition
pursuant to subdivision (b) of Section 66473.7 of the Government
Code, the true statement of the provisions made for water shall be
satisfied by submitting a copy of the written verification of the
available water supply obtained pursuant to Section 66473.7 of
the Government Code.

(7) A true statement of the use or uses for which the proposed
subdivision will be offered.

(8) A true statement of the provisions, if any, limiting the use
or occupancy of the parcels in the subdivision.

(9) A true statement of the amount of indebtedness that is a lien
upon the subdivision or any part thereof, and that was incurred to
pay for the construction of any onsite or offsite improvement, or
any community or recreational facility.

(10) A true statement or reasonable estimate, if applicable, of
the amount of any indebtedness which has been or is proposed to
be incurred by an existing or proposed special district, entity, taxing
area, assessment district, or community facilities district within
the boundaries of which, the subdivision, or any part thereof, is
located, and that is to pay for the construction or installation of
any improvement or to furnish community or recreational facilities
to that subdivision, and which amounts are to be obtained by ad
valorem tax or assessment, or by a special assessment or tax upon
the subdivision, or any part thereof.

(11) A notice pursuant to Section 1102.6c of the Civil Code.

(12) (A) As to each school district serving the subdivision, a
statement from the appropriate district that indicates the location
of each high school, junior high school, and elementary school
serving the subdivision, or documentation that a statement to that
effect has been requested from the appropriate school district.

(B) In the event that, as of the date the notice of intention and
application for issuance of a public report are otherwise deemed
to be qualitatively and substantially complete pursuant to Section
11010.2, the statement described in subparagraph (A) has not been
provided by any school district serving the subdivision, the person
who filed the notice of intention and application for issuance of a
public report shall immediately provide the bureau with the name,
address, and telephone number of that district.

(13) (A) The location of all existing airports, and of all proposed
airports shown on the general plan of any city or county, located
within two statute miles of the subdivision. If the property is
located within an airport influence area, the following statement
shall be included in the notice of intention:

 

NOTICE OF AIRPORT IN VICINITY

This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.

 

(B) For purposes of this section, an “airport influence area,”
also known as an “airport referral area,” is the area in which current
or future airport-related noise, overflight, safety, or airspace
protection factors may significantly affect land uses or necessitate
restrictions on those uses as determined by an airport land use
commission.

(14) A true statement, if applicable, referencing any soils or
geologic report or soils and geologic reports that have been
prepared specifically for the subdivision.

(15) A true statement of whether or not fill is used, or is
proposed to be used, in the subdivision and a statement giving the
name and the location of the public agency where information
concerning soil conditions in the subdivision is available.

(16) On or after July 1, 2005, as to property located within the
jurisdiction of the San Francisco Bay Conservation and
Development Commission, a statement that the property is so
located and the following notice:
NOTICE OF SAN FRANCISCO BAY CONSERVATION AND
DEVELOPMENT COMMISSION JURISDICTION

This property is located within the jurisdiction of the San
Francisco Bay Conservation and Development Commission. Use
and development of property within the commission’s jurisdiction
may be subject to special regulations, restrictions, and permit
requirements. You may wish to investigate and determine whether
they are acceptable to you and your intended use of the property
before you complete your transaction.

(17) If the property is presently located within one mile of a
parcel of real property designated as “Prime Farmland,” “Farmland
of Statewide Importance,” “Unique Farmland,” “Farmland of Local
Importance,” or “Grazing Land” on the most current “Important
Farmland Map” issued by the California Department of
Conservation, Division of Land Resource Protection, utilizing
solely the county-level GIS map data, if any, available on the
Farmland Mapping and Monitoring Program Website. If the
residential property is within one mile of a designated farmland
area, the report shall contain the following notice:

NOTICE OF RIGHT TO FARM

This property is located within one mile of a farm or ranch land
designated on the current county-level GIS “Important Farmland
Map,” issued by the California Department of Conservation,
Division of Land Resource Protection. Accordingly, the property
may be subject to inconveniences or discomforts resulting from
agricultural operations that are a normal and necessary aspect of
living in a community with a strong rural character and a healthy
agricultural sector. Customary agricultural practices in farm
operations may include, but are not limited to, noise, odors, dust,
light, insects, the operation of pumps and machinery, the storage
and disposal of manure, bee pollination, and the ground or aerial
application of fertilizers, pesticides, and herbicides. These
agricultural practices may occur at any time during the 24-hour
day. Individual sensitivities to those practices can vary from person
to person. You may wish to consider the impacts of such
agricultural practices before you complete your purchase. Please
be advised that you may be barred from obtaining legal remedies
against agricultural practices conducted in a manner consistent
with proper and accepted customs and standards pursuant to
Section 3482.5 of the Civil Code or any pertinent local ordinance.

(18) Any other information that the owner, his or her agent, or
the subdivider may desire to present.

(c) The commissioner may, by regulation, or on the basis of the
particular circumstances of a proposed offering, waive the
requirement of the submission of a completed questionnaire if the
commissioner determines that prospective purchasers or lessees
of the subdivision interests to be offered will be adequately
protected through the issuance of a public report based solely upon
information contained in the notice of intention.

begin delete SEC. 37. end delete
begin insert SEC. 36. end insert   

Section 11010.8 of the Business and Professions Code
is amended to read:

11010.8.  

(a) The requirement that a notice of intention be filed
pursuant to Section 11010 is not applicable to the purchase of a
mobilehome park by a nonprofit corporation if all of the following
occur:

(1) A majority of the shareholders or members of the nonprofit
corporation constitute a majority of the homeowners of the
mobilehome park, and a majority of the members of the board of
directors of the nonprofit corporation are homeowners of the
mobilehome park.

(2) All members of the corporation are residents of the
mobilehome park. Members of the nonprofit corporation may enter
into leases with the corporation that are greater than five years in
length. “Homeowners” or “residents” of the mobilehome park
shall include a bona fide secured party who has, pursuant to a
security interest in a membership, taken title to the membership
by means of foreclosure, repossession, or voluntary repossession,
and who is actively attempting to resell the membership to a
prospective resident or homeowner of the mobilehome park, in
accordance with subdivision (f) of Section 7312 of the Corporations
Code.

(3) A permit to issue securities under Section 25113 of the
Corporations Code is obtained from the Department of Business
Oversight, Division of Corporations. In the case of a nonissuer
transaction (as defined by Section 25011 of the Corporations Code)
involving the offer to resell or the resale of memberships by a bona
fide secured party as described in paragraph (2) of this section, a
permit is not required where the transaction is exempt from the
qualification requirements of Section 25130 of the Corporations
Code pursuant to subdivision (e) of Section 25104 of the
Corporations Code. The exemption from qualification pursuant to
subdivision (e) of Section 25104 of the Corporations Code
available to a bona fide secured party does not eliminate the
requirement of this section that the nonprofit corporation shall
either file a notice of intention pursuant to Section 11010 or obtain
a permit pursuant to Section 25113 of the Corporations Code.

(4) All funds of tenants for the purchase of the mobilehome
park are deposited in escrow until the document transferring title
of the mobilehome park to the nonprofit corporation is recorded.
The escrow also shall include funds of homeowners that shall be
available to the homeowners association nonprofit corporation for
payment of any and all costs reasonably associated with the
processing and conversion of the mobilehome park into
condominium interests. Payment of these costs may be made from
the funds deposited in escrow prior to the close of escrow upon
the direction of the homeowners association nonprofit corporation.

(b) The funds described by paragraph (4) of subdivision (a), or
any other funds subsequently received from tenants for purposes
other than the purchase of a separate subdivided interest in any
portion of the mobilehome park, are not subject to the requirements
of Section 11013.1, 11013.2, or 11013.4.

begin delete SEC. 38. end delete
begin insert SEC. 37. end insert   

Section 11011 of the Business and Professions Code
is amended to read:

11011.  

(a) The commissioner may by regulation prescribe
filing fees in connection with applications to the Bureau of Real
Estate pursuant to this chapter that are lower than the maximum
fees specified in subdivision (b) if the commissioner determines
that the lower fees are sufficient to offset the costs and expenses
incurred in the administration of this chapter. The commissioner
shall hold at least one hearing each calendar year to determine if
lower fees than those specified in subdivision (b) should be
prescribed.

(b) The filing fee for an application for a public report to be
issued under authority of this chapter shall not exceed the following
for each subdivision or phase of a subdivision in which interests
are to be offered for sale or lease:

(1) A notice of intention without a completed questionnaire:
One hundred fifty dollars ($150).

(2) An original public report for subdivision interests described
in Section 11004.5: One thousand seven hundred dollars ($1,700)
plus ten dollars ($10) for each subdivision interest to be offered.

(3) An original public report for subdivision interests other than
those described in Section 11004.5: Six hundred dollars ($600)
plus ten dollars ($10) for each subdivision interest to be offered.

(4) A conditional public report for subdivision interests
described in Section 11004.5: Five hundred dollars ($500).

(5) A conditional public report for subdivision interests other
than those described in Section 11004.5: Five hundred dollars
($500).

(6) A preliminary public report for subdivision interests
described in Section 11004.5: Five hundred dollars ($500).

(7) A preliminary public report for subdivision interests other
than those described in Section 11004.5: Five hundred dollars
($500).

(8) A renewal public report for subdivision interests described
in Section 11004.5: Six hundred dollars ($600).

(9) A renewal public report for subdivision interests other than
those described in Section 11004.5: Six hundred dollars ($600).

(10) An amended public report for subdivision interests
described in Section 11004.5: Five hundred dollars ($500) plus
ten dollars ($10) for each subdivision interest to be offered under
the amended public report for which a fee has not previously been
paid.

(11) An amended public report to offer subdivision interests
other than those described in Section 11004.5: Five hundred dollars
($500) plus ten dollars ($10) for each subdivision interest to be
offered under the amended public report for which a fee has not
previously been paid.

(c) The filing fee to review a declaration as described in Section
11010.10 shall not exceed two hundred dollars ($200).

(d) The actual subdivision fees established by regulation under
authority of this section and Section 10249.3 shall not exceed the
amount reasonably required by the bureau to administer this part
and Article 8 (commencing with Section 10249) of Chapter 3 of
Part 1.

(e) All fees collected by the bureau under authority of this
chapter shall be deposited into the Real Estate Fund under Chapter
6 (commencing with Section 10450) of Part 1. All fees received
by the bureau pursuant to this chapter shall be deemed earned upon
receipt. No part of any fee is refundable unless the commissioner
determines that it was paid as the result of a mistake or
inadvertence.

This section shall remain in effect unless it is superseded
pursuant to Section 10226 or subdivision (a) of Section 10226.5,
whichever is applicable.

begin delete SEC. 39. end delete
begin insert SEC. 38. end insert   

Section 11012 of the Business and Professions Code
is amended to read:

11012.  

It is unlawful for the owner, his begin insert or her end insert agent, or
subdivider, of the project, after it is submitted to the Bureau of
Real Estate, to materially change the setup of such offering without
first notifying the bureau in writing of such intended change. This
section only applies to those changes of which the owner, his begin insert or
her end insert agent, or subdivider has knowledge or constructive knowledge.

begin delete SEC. 40. end delete
begin insert SEC. 39. end insert   

Section 11225 of the Business and Professions Code
is amended to read:

11225.  

A person shall not be required to register a time-share
plan with the commissioner pursuant to this chapter if any of the
following applies:

(a) The person is an owner of a time-share interest who has
acquired the time-share interest for the person’s own use and
occupancy and who later offers it for resale.

(b) The person is a managing entity or an association that is not
otherwise a developer of a time-share plan in its own right, solely
while acting as an association or under a contract with an
association to offer or sell a time-share interest transferred to the
association through foreclosure, deed in lieu of foreclosure, or
gratuitous transfer, if these acts are performed in the regular course
of, or as an incident to, the management of the association for its
own account in the time-share plan. Notwithstanding the exemption
from registration, the association or managing entity shall provide
each purchaser of a time-share interest covered by this subdivision
a copy of the time-share instruments, a copy of the then-current
budget, a written statement of the then-current assessment amounts,
and shall provide the purchaser the opportunity to rescind the
purchase within seven days after receipt of these documents.
Immediately prior to the space reserved in the contract for the
signature of the purchaser, the association or managing entity shall
disclose, in conspicuous type, substantially the following notice
of cancellation:

YOU MAY CANCEL THIS CONTRACT WITHOUT ANY
PENALTY OR OBLIGATION WITHIN SEVEN CALENDAR
DAYS OF RECEIPT OF THE PUBLIC REPORT OR AFTER
THE DATE YOU SIGN THIS CONTRACT, WHICHEVER
DATE IS LATER. IF YOU DECIDE TO CANCEL THIS
CONTRACT, YOU MUST NOTIFY THE ASSOCIATION (OR
MANAGING ENTITY) IN WRITING OF YOUR INTENT TO
CANCEL. YOUR NOTICE OF CANCELLATION SHALL BE
EFFECTIVE UPON THE DATE SENT AND SHALL BE SENT
TO (NAME OF ASSOCIATION OR MANAGING ENTITY) AT
(ADDRESS OF ASSOCIATION OR MANAGING ENTITY).
YOUR NOTICE OF CANCELLATION MAY ALSO BE SENT
BY FACSIMILE TO (FACSIMILE NUMBER OF THE
ASSOCIATION OR MANAGING ENTITY) OR BY
HAND-DELIVERY. ANY ATTEMPT TO OBTAIN A WAIVER
OF YOUR CANCELLATION RIGHT IS VOID AND OF NO
EFFECT.

(c) The person is conveyed, assigned, or transferred more than
seven time-share interests from a developer in a single voluntary
or involuntary transaction and subsequently conveys, assigns, or
transfers all of the time-share interests received from the developer
to a single purchaser in a single transaction.

(d) (1) The developer is offering or disposing of a time-share
interest to a purchaser who has previously acquired a time-share
interest from the same developer if the developer has a time-share
plan registered under this chapter, which was originally approved
by the commissioner within the preceding seven years, and the
developer complies in all respects with the provisions of Section
11245, and, further, provides the purchaser with (A) a cancellation
period of at least seven days, (B) all the time-share disclosure
documents that are required to be provided to purchasers as if the
sale occurred in the state or jurisdiction where the time-share
property is located, and (C) the following disclaimer in conspicuous
type:

WARNING: THE CALIFORNIA BUREAU OF REAL ESTATE
HAS NOT EXAMINED THIS OFFERING, INCLUDING, BUT
NOT LIMITED TO, THE CONDITION OF TITLE, THE STATUS
OF BLANKET LIENS ON THE PROJECT (IF ANY),
ARRANGEMENTS TO ASSURE PROJECT COMPLETION,
ESCROW PRACTICES, CONTROL OVER PROJECT
MANAGEMENT, RACIALLY DISCRIMINATORY
PRACTICES (IF ANY), TERMS, CONDITIONS, AND PRICE
OF THE OFFER, CONTROL OVER ANNUAL ASSESSMENTS
(IF ANY), OR THE AVAILABILITY OF WATER, SERVICES,
UTILITIES, OR IMPROVEMENTS. IT MAY BE ADVISABLE
FOR YOU TO CONSULT AN ATTORNEY OR OTHER
KNOWLEDGEABLE PROFESSIONAL WHO IS FAMILIAR
WITH REAL ESTATE AND DEVELOPMENT LAW IN THE
STATE WHERE THIS TIME-SHARE PROPERTY IS
SITUATED.

(2) By making such an offering or disposition, the person is
deemed to consent to the jurisdiction of the commissioner in the
event of a dispute with the purchaser in connection with the
offering or disposition.

(e) It is a single site time-share plan located outside of the
boundaries of the United States or component site of a specific
time-share interest multisite time-share plan located wholly outside
of the boundaries of the United States, or a nonspecific time-share
interest multisite time-share plan in which all component sites are
located wholly outside of the boundaries of the United States.
However, it is unlawful and a violation of this chapter for a person,
in this state, to sell or lease or offer for sale or lease a time-share
interest in such a time-share plan, located outside the United States,
unless the printed material, literature, advertising, or invitation in
this state relating to that sale, lease, or offer clearly and
conspicuously contains the following disclaimer in capital letters
of at least 10-point type:

 
WARNING: THE CALIFORNIA BUREAU OF REAL
ESTATE HAS NOT EXAMINED THIS OFFERING,
INCLUDING, BUT NOT LIMITED TO, THE CONDITION
OF TITLE, THE STATUS OF BLANKET LIENS ON THE
PROJECT (IF ANY), ARRANGEMENTS TO ASSURE
PROJECT COMPLETION, ESCROW PRACTICES,
CONTROL OVER PROJECT MANAGEMENT, RACIALLY
DISCRIMINATORY PRACTICES (IF ANY), TERMS,
CONDITIONS, AND PRICE OF THE OFFER, CONTROL
OVER ANNUAL ASSESSMENTS (IF ANY), OR THE
AVAILABILITY OF WATER, SERVICES, UTILITIES, OR
IMPROVEMENTS. IT MAY BE ADVISABLE FOR YOU
TO CONSULT AN ATTORNEY OR OTHER
KNOWLEDGEABLE PROFESSIONAL WHO IS FAMILIAR
WITH REAL ESTATE AND DEVELOPMENT LAW IN
THE COUNTRY WHERE THIS TIME-SHARE PROPERTY
IS SITUATED.

(1) If an offer of time-share interest in a time-share plan
described in subdivision (e) is not initially made in writing, the
foregoing disclaimer shall be received by the offeree in writing
prior to a visit to a location, sales presentation, or contact with a
person representing the offeror, when the visit or contact was
scheduled or arranged by the offeror or its representative. The
deposit of the disclaimer in the United States mail, addressed to
the offeree and with first-class postage prepaid, at least five days
prior to the scheduled or arranged visit or contact, shall be deemed
to constitute delivery for purposes of this section.

(2) If any California resident is presented with an agreement or
purchase contract to lease or purchase a time-share interest as
described in subdivision (e), where an offer to lease or purchase
that time-share interest was made to that resident in California, a
copy of the disclaimer set forth in subdivision (e) shall be inserted
in at least 10-point type at the top of the first page of that agreement
or purchase contract and shall be initialed by that California
resident.

(3) This subdivision shall not be deemed to exempt from
registration in this state a nonspecific time-share interest multisite
time-share plan in which any component site in the time-share
plan is located in the United States.

begin delete SEC. 41. end delete
begin insert SEC. 40. end insert   

Section 11232 of the Business and Professions Code
is amended to read:

11232.  

(a) The commissioner may by regulation prescribe
filing fees in connection with applications to the Bureau of Real
Estate for a public report pursuant to the provisions of this chapter
that are lower than the maximum fees specified in subdivision (b)
if the commissioner determines that the lower fees are sufficient
to offset the costs and expenses incurred in the administration of
this chapter. The commissioner shall hold at least one hearing each
calendar year to determine if lower fees than those specified in
subdivision (b) should be prescribed.

(b) The filing fees for an application for a public report to be
issued under authority of this chapter shall not exceed the following
for each time-share plan, location, or phase of the time-share plan
in which interests are to be offered for sale or lease:

(1) One thousand seven hundred dollars ($1,700) plus ten dollars
($10) for each time-share interest to be offered for an original
public report application.

(2) Six hundred dollars ($600) plus ten dollars ($10) for each
time-share plan interest to be offered that was not permitted to be
offered under the public report to be renewed for a renewal public
report or permit application.

(3) Five hundred dollars ($500) plus ten dollars ($10) for each
time-share interest to be offered under the amended public report
for which a fee has not previously been paid for an amended public
report application.

(4) Five hundred dollars ($500) for a conditional public report
application.

(c) Fees collected by the commissioner under authority of this
chapter shall be deposited into the Real Estate Fund pursuant to
Chapter 6 (commencing with Section 10450) of Part 1. Fees
received by the commissioner pursuant to this article shall be
deemed earned upon receipt. A fee is not refundable unless the
commissioner determines that it was paid as a result of mistake or
inadvertency. This section shall remain in effect unless it is
superseded pursuant to Section 10266 or subdivision (a) of Section
10266.5, whichever is applicable.

begin delete SEC. 42. end delete
begin insert SEC. 41. end insert   

Section 11301 of the Business and Professions Code
is amended to read:

11301.  

(a) There is hereby created within the Department of
Consumer Affairs a Bureau of Real Estate Appraisers to administer
and enforce this part.

(b) Whenever the term “Office of Real Estate Appraisers”
appears in any other law, it means the “Bureau of Real Estate
Appraisers.”

begin delete SEC. 43. end delete
begin insert SEC. 42. end insert   

Section 11302 of the Business and Professions Code
is amended to read:

11302.  

For the purpose of applying this part, the following
terms, unless otherwise expressly indicated, shall mean and have
the following definitions:

(a) “Department” means the Department of Consumer Affairs.

(b) “Appraisal” means a written statement independently and
impartially prepared by a qualified appraiser setting forth an
opinion in a federally related transaction as to the market value of
an adequately described property as of a specific date, supported
by the presentation and analysis of relevant market information.

The term “appraisal” does not include an opinion given by a real
estate licensee or engineer or land surveyor in the ordinary course
of his or her business in connection with a function for which a
license is required under Chapter 7 (commencing with Section
6700) or Chapter 15 (commencing with Section 8700) of Division
3, or Chapter 3 (commencing with Section 10130) or Chapter 7
(commencing with Section 10500) and the opinion shall not be
referred to as an appraisal. This part does not apply to a probate
referee acting pursuant to Sections 400 to 408, inclusive, of the
Probate Code unless the appraised transaction is federally related.

(c) “Appraisal Foundation” means the Appraisal Foundation
that was incorporated as an Illinois not-for-profit corporation on
November 30, 1987.

(d) (1) “Appraisal management company” means any person
or entity that satisfies all of the following conditions:

(A) Maintains an approved list or lists, containing 11 or more
independent contractor appraisers licensed or certified pursuant
to this part, or employs 11 or more appraisers licensed or certified
pursuant to this part.

(B) Receives requests for appraisals from one or more clients.

(C) For a fee paid by one or more of its clients, delegates
appraisal assignments for completion by its independent contractor
or employee appraisers.

(2) “Appraisal management company” does not include any of
the following, when that person or entity directly contracts with
an independent appraiser:

(A) Any bank, credit union, trust company, savings and loan
association, or industrial loan company doing business under the
authority of, or in accordance with, a license, certificate, or charter
issued by the United States or any state, district, territory, or
commonwealth of the United States that is authorized to transact
business in this state.

(B) Any finance lender or finance broker licensed pursuant to
Division 9 (commencing with Section 22000) of the Financial
Code, when acting under the authority of that license.

(C) Any residential mortgage lender or residential mortgage
servicer licensed pursuant to Division 20 (commencing with
Section 50000) of the Financial Code, when acting under the
authority of that license.

(D) Any real estate broker licensed pursuant to Part 1
(commencing with Section 10000) of Division 4 of the Business
and Professions Code, when acting under the authority of that
license.

(3) “Appraisal management company” does not include any
person licensed to practice law in this state who is working with
or on behalf of a client of that person in connection with one or
more appraisals for that client.

(e) “Appraisal Subcommittee” means the Appraisal
Subcommittee of the Federal Financial Institutions Examination
Council.

(f) “Controlling person” means one or more of the following:

(1) An officer or director of an appraisal management company,
or an individual who holds a 10 percent or greater ownership
interest in an appraisal management company.

(2) An individual employed, appointed, or authorized by an
appraisal management company that has the authority to enter into
a contractual relationship with clients for the performance of
appraisal services and that has the authority to enter into
agreements with independent appraisers for the completion of
appraisals.

(3) An individual who possesses the power to direct or cause
the direction of the management or policies of an appraisal
management company.

(g) “Director” or “chief” means the Chief of the Bureau of Real
Estate Appraisers.

(h) “Federal financial institutions regulatory agency” means the
Federal Reserve Board, Federal Deposit Insurance Corporation,
Office of the Comptroller of the Currency, Office of Thrift
Supervision, Federal Home Loan Bank System, National Credit
Union Administration, and any other agency determined by the
director to have jurisdiction over transactions subject to this part.

(i) “Federally related real estate appraisal activity” means the
act or process of making or performing an appraisal on real estate
or real property in a federally related transaction and preparing an
appraisal as a result of that activity.

(j) “Federally related transaction” means any real estate-related
financial transaction which a federal financial institutions
regulatory agency engages in, contracts for or regulates and which
requires the services of a state licensed real estate appraiser
regulated by this part. This term also includes any transaction
identified as such by a federal financial institutions regulatory
agency.

(k) “License” means any license, certificate, permit, registration,
or other means issued by the bureau authorizing the person to
whom it is issued to act pursuant to this part within this state.

(l) “Licensure” means the procedures and requirements a person
shall comply with in order to qualify for issuance of a license and
includes the issuance of the license.

(m) “Office” or “bureau” means the Bureau of Real Estate
Appraisers.

(n) “Registration” means the procedures and requirements with
which a person or entity shall comply in order to qualify to conduct
business as an appraisal management company.

(o) “State licensed real estate appraiser” is a person who is
issued and holds a current valid license under this part.

(p) “Uniform Standards of Professional Appraisal Practice” are
the standards of professional appraisal practice established by the
Appraisal Foundation.

(q) “Course provider” means a person or entity that provides
educational courses related to professional appraisal practice.

begin delete SEC. 44. end delete
begin insert SEC. 43. end insert   

Section 11310 of the Business and Professions Code
is amended to read:

11310.  

The Governor shall appoint, subject to confirmation
by the Senate, the Chief of the Bureau of Real Estate Appraisers
who shall, in consultation with the Governor and the Director of
Consumer Affairs, administer the licensing and certification
program for real estate appraisers. In making the appointment,
consideration shall be given to the qualifications of an individual
that demonstrate knowledge of the real estate appraisal profession.

(a) The chief shall serve at the pleasure of the Governor. The
salary for the chief shall be fixed and determined by the Director
of Consumer Affairs with approval of the Department of Human
Resources.

(b) The chief shall not be actively engaged in the appraisal
business or any other affected industry for the term of appointment,
and thereafter the chief shall be subject to Section 87406 of the
Government Code.

(c) The chief, in consultation with the Director of Consumer
Affairs and in accordance with the State Civil Service Act, may
appoint and fix the compensation of legal, clerical, technical,
investigation, and auditing personnel as may be necessary to carry
out this part. All personnel shall perform their respective duties
under the supervision and direction of the chief.

(d) The chief may appoint not more than four deputies as he or
she deems appropriate. The deputies shall perform their respective
duties under the supervision and direction of the chief.

(e) Every power granted to or duty imposed upon the chief under
this part may be exercised or performed in the name of the chief
by the deputies, subject to conditions and limitations as the chief
may prescribe.

begin delete SEC. 45. end delete
begin insert SEC. 44. end insert   

Section 11313 of the Business and Professions Code
is amended to read:

11313.  

The bureau is under the supervision and control of the
Director of Consumer Affairs. The duty of enforcing and
administering this part is vested in the chief, and he or she is
responsible to the Director of Consumer Affairs therefor. The chief
shall adopt and enforce rules and regulations as are determined
reasonably necessary to carry out the purposes of this part. Those
rules and regulations shall be adopted pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code. Regulations adopted by the former
Director of the Office of Real Estate Appraisers shall continue to
apply to the bureau and its licensees.

begin delete SEC. 46. end delete
begin insert SEC. 45. end insert   

Section 11313.2 of the Business and Professions Code
is repealed.

begin delete SEC. 47. end delete
begin insert SEC. 46. end insert   

Section 19826 of the Business and Professions Code
is amended to read:

19826.  

The department shall perform all investigatory functions
required by this chapter, as well as auditing functions under tribal
gaming compacts, and shall have all of the following
responsibilities:

(a) To receive and process applications for any license, permit,
or other approval, and to collect all related fees. The department
shall investigate the qualifications of applicants before any license,
permit, or other approval is issued, and investigate any request to
the commission for any approval that may be required pursuant to
this chapter. The department may recommend the denial or the
limitation, conditioning, or restriction of any license, permit, or
other approval.

(b) To monitor the conduct of all licensees and other persons
having a material involvement, directly or indirectly, with a
gambling operation or its holding company, for the purpose of
ensuring that licenses are not issued or held by, and that there is
no direct or indirect material involvement with, a gambling
operation or holding company by ineligible, unqualified,
disqualified, or unsuitable persons, or persons whose operations
are conducted in a manner that is inimical to the public health,
safety, or welfare.

(c) To investigate suspected violations of this chapter or laws
of this state relating to gambling, including any activity prohibited
by Chapter 9 (commencing with Section 319) or Chapter 10
(commencing with Section 330) of Title 9 of Part 1 of the Penal
Code.

(d) To investigate complaints that are lodged against licensees,
or other persons associated with a gambling operation, by members
of the public.

(e) To initiate, where appropriate, disciplinary actions as
provided in this chapter. In connection with any disciplinary action,
the department may seek restriction, limitation, suspension, or
revocation of any license or approval, or the imposition of any fine
upon any person licensed or approved.

(f) To adopt regulations reasonably related to its functions and
duties as specified in this chapter.

(g) Approve the play of any controlled game, including placing
restrictions and limitations on how a controlled game may be
played. The department shall make available to the public the rules
of play and the collection rates of each gaming activity approved
for play at each gambling establishment on the Attorney General’s
Web site. Actual costs incurred by the department to review and
approve game rules shall be reimbursed to the department by the
licensee making the request.

begin delete

SEC. 48.  

Section 19861 of the Business and Professions Code is
amended to read:

19861.  

Notwithstanding subdivision (i) of Section 19801, the
commission shall not deny a license to a gambling establishment
solely because it is not open to the public, provided that all of the
following are true: (a) the gambling establishment is situated in a
local jurisdiction that has an ordinance allowing only private clubs,
and the gambling establishment was in operation as a private club
under that ordinance on December 31, 1997, and met all applicable
state and local gaming registration requirements; (b) the gambling
establishment consists of no more than five gaming tables; (c)
video recordings of the entrance to the gambling room or rooms
and all tables situated therein are made during all hours of operation
by means of closed-circuit television cameras, and these recordings
are retained for a period of 30 days and are made available for
review by the department upon request; and (d) the gambling
establishment is open to members of the private club and their
spouses in accordance with membership criteria in effect as of
December 31, 1997.

A gambling establishment meeting these criteria, in addition to
the other requirements of this chapter, may be licensed to operate
as a private club gambling establishment until November 30, 2003,
or until the ownership or operation of the gambling establishment
changes from the ownership or operation as of January 1, 1998,
whichever occurs first. Operation of the gambling establishments
after this date shall only be permitted if the local jurisdiction
approves an ordinance, pursuant to Sections 19961 and 19962,
authorizing the operation of gambling establishments that are open
to the public. The department shall adopt regulations implementing
this section. Prior to the department’s issuance of a license to a
private club, the department shall ensure that the ownership of the
gambling establishment has remained constant since January 1,
1998, and the operation of the gambling establishment has not
been leased to any third party.

SEC. 49.  

Section 19864 of the Business and Professions Code
is amended to read:

19864.  

(a) Application for a state license or other commission
action shall be submitted to the department on forms furnished by
the department.

(b) The application for a gambling license shall include all of
the following:

(1) The name of the proposed licensee.

(2) The name and location of the proposed gambling
establishment.

(3) The gambling games proposed to be conducted.

(4) The names of all persons directly or indirectly interested in
the business and the nature of the interest.

(5) A description of the proposed gambling establishment and
operation.

(6) Any other information and details the department may
require in order to discharge its duties properly.

end delete

begin delete SEC. 50. end delete
begin insert SEC. 47. end insert   

Section 19872 of the Business and Professions Code
is amended to read:

19872.  

(a) No member of the commission may communicate
ex parte, directly or indirectly, with any applicant, or any agent,
representative, or person acting on behalf of an applicant, upon
the merits of an application for a license, permit, registration, or
approval while the application is being investigated by the
department or pending disposition before the department or the
commission.

(b) No applicant, or any agent, representative, or person acting
on behalf of an applicant, and no person who has a direct or indirect
interest in the outcome of a proceeding to consider an application
for a license, permit, registration, or approval may communicate
ex parte, directly or indirectly, with any member of the
commission, upon the merits of the application while the
application is being investigated by the department or pending
disposition before the department.

(c) No employee or agent of the department, applicant, or any
agent, representative, or person acting on behalf of an applicant,
and no person who has a direct or indirect interest in the outcome
of a proceeding to consider an application for a license, permit,
registration, or approval may communicate ex parte, directly or
indirectly, with any member of the commission, upon the merits
of the application, while the application is pending disposition
before the commission.

(d) The receipt by a member of the commission of an ex parte
communication prohibited by this section may provide the basis
for disqualification of that member or the denial of the application.
The commission shall adopt regulations to implement this
subdivision.

(e) For the purposes of this subdivision, “ex parte” means a
communication without notice and opportunity for all parties to
participate in the communication.

(f) Nothing in this section precludes a communication made on
the record at a public hearing on a properly agendized matter.

begin delete SEC. 51. end delete
begin insert SEC. 48. end insert   

Section 19881 of the Business and Professions Code
is amended to read:

19881.  

(a) A corporation is not eligible to receive a license to
own a gambling enterprise unless the conduct of controlled
gambling is among the purposes stated in its articles of
incorporation and the articles of incorporation have been submitted
to and approved by the department.

(b) The Secretary of State shall not accept for filing any articles
of incorporation of any corporation that include as a stated purpose
the conduct of controlled gambling, or any amendment thereto, or
any amendment that adds this purpose to articles of incorporation
already filed, unless the articles have, or amendment has, been
approved by the department.

begin delete SEC. 52. end delete
begin insert SEC. 49. end insert   

Section 19881.5 of the Business and Professions Code
is repealed.

begin delete SEC. 53. end delete
begin insert SEC. 50. end insert   

Section 912 of the Civil Code is amended to read:

912.  

A builder shall do all of the following:

(a) Within 30 days of a written request by a homeowner or his
or her legal representative, the builder shall provide copies of all
relevant plans, specifications, mass or rough grading plans, final
soils reports, Bureau of Real Estate public reports, and available
engineering calculations, that pertain to a homeowner’s residence
specifically or as part of a larger development tract. The request
shall be honored if it states that it is made relative to structural,
fire safety, or soils provisions of this title. However, a builder is
not obligated to provide a copying service, and reasonable copying
costs shall be borne by the requesting party. A builder may require
that the documents be copied onsite by the requesting party, except
that the homeowner may, at his or her option, use his or her own
copying service, which may include an offsite copy facility that
is bonded and insured. If a builder can show that the builder
maintained the documents, but that they later became unavailable
due to loss or destruction that was not the fault of the builder, the
builder may be excused from the requirements of this subdivision,
in which case the builder shall act with reasonable diligence to
assist the homeowner in obtaining those documents from any
applicable government authority or from the source that generated
the document. However, in that case, the time limits specified by
this section do not apply.

(b) At the expense of the homeowner, who may opt to use an
offsite copy facility that is bonded and insured, the builder shall
provide to the homeowner or his or her legal representative copies
of all maintenance and preventative maintenance recommendations
that pertain to his or her residence within 30 days of service of a
written request for those documents. Those documents shall also
be provided to the homeowner in conjunction with the initial sale
of the residence.

(c) At the expense of the homeowner, who may opt to use an
offsite copy facility that is bonded and insured, a builder shall
provide to the homeowner or his or her legal representative copies
of all manufactured products maintenance, preventive maintenance,
and limited warranty information within 30 days of a written
request for those documents. These documents shall also be
provided to the homeowner in conjunction with the initial sale of
the residence.

(d) At the expense of the homeowner, who may opt to use an
offsite copy facility that is bonded and insured, a builder shall
provide to the homeowner or his or her legal representative copies
of all of the builder’s limited contractual warranties in accordance
with this part in effect at the time of the original sale of the
residence within 30 days of a written request for those documents.
Those documents shall also be provided to the homeowner in
conjunction with the initial sale of the residence.

(e) A builder shall maintain the name and address of an agent
for notice pursuant to this chapter with the Secretary of State or,
alternatively, elect to use a third party for that notice if the builder
has notified the homeowner in writing of the third party’s name
and address, to whom claims and requests for information under
this section may be mailed. The name and address of the agent for
notice or third party shall be included with the original sales
documentation and shall be initialed and acknowledged by the
purchaser and the builder’s sales representative.

This subdivision applies to instances in which a builder contracts
with a third party to accept claims and act on the builder’s behalf.
A builder shall give actual notice to the homeowner that the builder
has made such an election, and shall include the name and address
of the third party.

(f) A builder shall record on title a notice of the existence of
these procedures and a notice that these procedures impact the
legal rights of the homeowner. This information shall also be
included with the original sales documentation and shall be initialed
and acknowledged by the purchaser and the builder’s sales
representative.

(g) A builder shall provide, with the original sales
documentation, a written copy of this title, which shall be initialed
and acknowledged by the purchaser and the builder’s sales
representative.

(h) As to any documents provided in conjunction with the
original sale, the builder shall instruct the original purchaser to
provide those documents to any subsequent purchaser.

(i) Any builder who fails to comply with any of these
requirements within the time specified is not entitled to the
protection of this chapter, and the homeowner is released from the
requirements of this chapter and may proceed with the filing of an
action, in which case the remaining chapters of this part shall
continue to apply to the action.

begin delete SEC. 54. end delete
begin insert SEC. 51. end insert   

Section 1675 of the Civil Code, as amended by
Section 25 of Chapter 140 of the Statutes of 2009, is amended to
read:

1675.  

(a) As used in this section, “residential property” means
real property primarily consisting of a dwelling that meets both of
the following requirements:

(1) The dwelling contains not more than four residential units.

(2) At the time the contract to purchase and sell the property is
made, the buyer intends to occupy the dwelling or one of its units
as his or her residence.

(b) A provision in a contract to purchase and sell residential
property that provides that all or any part of a payment made by
the buyer shall constitute liquidated damages to the seller upon
the buyer’s failure to complete the purchase of the property is valid
to the extent that payment in the form of cash or check, including
a postdated check, is actually made if the provision satisfies the
requirements of Sections 1677 and 1678 and either subdivision
(c) or (d) of this section.

(c) If the amount actually paid pursuant to the liquidated
damages provision does not exceed 3 percent of the purchase price,
the provision is valid to the extent that payment is actually made
unless the buyer establishes that the amount is unreasonable as
liquidated damages.

(d) If the amount actually paid pursuant to the liquidated
damages provision exceeds 3 percent of the purchase price, the
provision is invalid unless the party seeking to uphold the provision
establishes that the amount actually paid is reasonable as liquidated
damages.

(e) For the purposes of subdivisions (c) and (d), the
reasonableness of an amount actually paid as liquidated damages
shall be determined by taking into account both of the following:

(1) The circumstances existing at the time the contract was
made.

(2) The price and other terms and circumstances of any
subsequent sale or contract to sell and purchase the same property
if the sale or contract is made within six months of the buyer’s
default.

(f) (1) Notwithstanding either subdivision (c) or (d), for the
initial sale of newly constructed attached condominium units, as
defined pursuant to Section 783, that involves the sale of an
attached residential condominium unit located within a structure
of 10 or more residential condominium units and the amount
actually paid to the seller pursuant to the liquidated damages
provision exceeds 3 percent of the purchase price of the residential
unit in the transaction, both of the following shall occur in the
event of a buyer’s default:

(A) The seller shall perform an accounting of its costs and
revenues related to and fairly allocable to the construction and sale
of the residential unit within 60 calendar days after the final close
of escrow of the sale of the unit within the structure.

(B) The accounting shall include any and all costs and revenues
related to the construction and sale of the residential property and
any delay caused by the buyer’s default. The seller shall make
reasonable efforts to mitigate any damages arising from the default.
The seller shall refund to the buyer any amounts previously retained
as liquidated damages in excess of the greater of either 3 percent
of the originally agreed-upon purchase price of the residential
property or the amount of the seller’s losses resulting from the
buyer’s default, as calculated by the accounting.

(2) The refund shall be sent to the buyer’s last known address
within 90 days after the final close of escrow of the sale or lease
of all the residential condominium units within the structure.

(3) If the amount retained by the seller after the accounting does
not exceed 3 percent of the purchase price, the amount is valid
unless the buyer establishes that the amount is unreasonable as
liquidated damages pursuant to subdivision (e).

(4) Subdivision (d) shall not apply to any dispute regarding the
reasonableness of any amount retained as liquidated damages
pursuant to this subdivision.

(5) Notwithstanding the time periods regarding the performance
of the accounting set forth in paragraph (1), if a new qualified
buyer has entered into a contract to purchase the residential
property in question, the seller shall perform the accounting within
60 calendar days after a new qualified buyer has entered into a
contract to purchase.

(6) As used in this subdivision, “structure” means either of the
following:

(A) Improvements constructed on a common foundation.

(B) Improvements constructed by the same owner that must be
constructed concurrently due to the design characteristics of the
improvements or physical characteristics of the property on which
the improvements are located.

(7) As used in this subdivision, “new qualified buyer” means a
buyer who either:

(A) Has been issued a loan commitment, which satisfies the
purchase agreement loan contingency requirement, by an
institutional lender to obtain a loan for an amount equal to the
purchase price less any downpayment possessed by the buyer.

(B) Has contracted to pay a purchase price that is greater than
or equal to the purchase price to be paid by the original buyer.

(g) (1) (A) Notwithstanding subdivision (c), (d), or (f), for the
initial sale of newly constructed attached condominium units, as
defined pursuant to Section 783, that involves the sale of an
attached residential condominium unit described in subparagraph
(B), and the amount actually paid to the seller pursuant to the
liquidated damages provision exceeds 6 percent of the purchase
price of the residential unit in the transaction, both of the following
shall occur in the event of a buyer’s default:

(i) The seller shall perform an accounting of its costs and
revenues related to and fairly allocable to the construction and sale
of the residential unit within 60 calendar days after the final close
of escrow of the sale of the unit within the structure.

(ii) The accounting shall include any and all costs and revenues
related to the construction and sale of the residential property and
any delay caused by the buyer’s default. The seller shall make
reasonable efforts to mitigate any damages arising from the default.
The seller shall refund to the buyer any amounts previously retained
as liquidated damages in excess of the greater of either 6 percent
of the originally agreed-upon purchase price of the residential
property or the amount of the seller’s losses resulting from the
buyer’s default, as calculated by the accounting.

(B) This subdivision applies to an attached residential
condominium unit for which both of the following are true:

(i) The unit is located within a structure of 20 or more residential
condominium units, standing over eight stories high, that is
high-density infill development, as defined in paragraph (10) of
subdivision (a) of Section 21159.24 of the Public Resources Code,
and that is located in a city, county, or city and county with a
population density of 1,900 residents per square mile or greater,
as evidenced by the 2000 United States census.

(ii) The purchase price of the unit was more than one million
dollars ($1,000,000).

(2) The refund shall be sent to the buyer’s last known address
within 90 days after the final close of escrow of the sale or lease
of all the residential condominium units within the structure.

(3) If the amount retained by the seller after the accounting does
not exceed 6 percent of the purchase price, the amount is valid
unless the buyer establishes that the amount is unreasonable as
liquidated damages pursuant to subdivision (e).

(4) Subdivision (d) shall not apply to any dispute regarding the
reasonableness of any amount retained as liquidated damages
pursuant to this subdivision.

(5) Notwithstanding the time periods regarding the performance
of the accounting set forth in paragraph (1), if a new qualified
buyer has entered into a contract to purchase the residential
property in question, the seller shall perform the accounting within
60 calendar days after a new qualified buyer has entered into a
contract to purchase.

(6) As used in this subdivision, “structure” means either of the
following:

(A) Improvements constructed on a common foundation.

(B) Improvements constructed by the same owner that must be
constructed concurrently due to the design characteristics of the
improvements or physical characteristics of the property on which
the improvements are located.

(7) As used in this subdivision, “new qualified buyer” means a
buyer who either:

(A) Has been issued a loan commitment, which satisfies the
purchase agreement loan contingency requirement, by an
institutional lender to obtain a loan for an amount equal to the
purchase price less any downpayment possessed by the buyer.

(B) Has contracted to pay a purchase price that is greater than
or equal to the purchase price to be paid by the original buyer.

(8) Commencing on July 1, 2010, and annually on each July 1
thereafter, the dollar amount of the minimum purchase price
specified in paragraph (1) shall be adjusted. The Real Estate
Commissioner shall determine the amount of the adjustment based
on the change in the median price of a single family home in
California, as determined by the most recent data available from
the Federal Housing Finance Board. Upon determining the amount
of the adjustment, the Real Estate Commissioner shall publish the
current dollar amount of the minimum purchase price on the
Internet Web site of the Bureau of Real Estate.

(9) Prior to the execution of a contract for sale of a residential
condominium unit subject to this subdivision, the seller shall
provide to the buyer the following notice, in at least 12-point type:

“Important Notice Regarding Your Deposit: Under California
law, in a contract for the initial sale of a newly constructed attached
condominium unit in a building over eight stories tall, containing
20 or more residential units, and located in a high-density infill
development in a city, county, or city and county with 1,900
residents or more per square mile, where the price is more than
one million dollars ($1,000,000), as adjusted by the Bureau of Real
Estate, liquidated damages of 6 percent of the purchase price are
presumed valid if the buyer defaults, unless the buyer establishes
that the amount is unreasonable.”

If the seller fails to provide this notice to the buyer prior to the
execution of the contract, the amount of any liquidated damages
shall be subject to subdivisions (c) and (d).

(h) This section shall become inoperative on July 1, 2014, and,
as of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.

begin delete SEC. 55. end delete
begin insert SEC. 52. end insert   

Section 1798.3 of the Civil Code is amended to read:

1798.3.  

As used in this chapter:

(a) The term “personal information” means any information
that is maintained by an agency that identifies or describes an
individual, including, but not limited to, his or her name, social
security number, physical description, home address, home
telephone number, education, financial matters, and medical or
employment history. It includes statements made by, or attributed
to, the individual.

(b) The term “agency” means every state office, officer,
department, division, bureau, board, commission, or other state
agency, except that the term agency shall not include:

(1) The California Legislature.

(2) Any agency established under Article VI of the California
Constitution.

(3) The State Compensation Insurance Fund, except as to any
records which contain personal information about the employees
of the State Compensation Insurance Fund.

(4) A local agency, as defined in subdivision (a) of Section 6252
of the Government Code.

(c) The term “disclose” means to disclose, release, transfer,
disseminate, or otherwise communicate all or any part of any record
orally, in writing, or by electronic or any other means to any person
or entity.

(d) The term “individual” means a natural person.

(e) The term “maintain” includes maintain, acquire, use, or
disclose.

(f) The term “person” means any natural person, corporation,
partnership, limited liability company, firm, or association.

(g) The term “record” means any file or grouping of information
about an individual that is maintained by an agency by reference
to an identifying particular such as the individual’s name,
photograph, finger or voice print, or a number or symbol assigned
to the individual.

(h) The term “system of records” means one or more records,
which pertain to one or more individuals, which is maintained by
any agency, from which information is retrieved by the name of
an individual or by some identifying number, symbol or other
identifying particular assigned to the individual.

(i) The term “governmental entity,” except as used in Section
1798.26, means any branch of the federal government or of the
local government.

(j) The term “commercial purpose” means any purpose which
has financial gain as a major objective. It does not include the
gathering or dissemination of newsworthy facts by a publisher or
broadcaster.

(k) The term “regulatory agency” means the Department of
Business Oversight, the Department of Insurance, the Bureau of
Real Estate, and agencies of the United States or of any other state
responsible for regulating financial institutions.

begin delete SEC. 56. end delete
begin insert SEC. 53. end insert   

Section 2985 of the Civil Code is amended to read:

2985.  

(a) A real property sales contract is an agreement in
which one party agrees to convey title to real property to another
party upon the satisfaction of specified conditions set forth in the
contract and that does not require conveyance of title within one
year from the date of formation of the contract.

(b) For purposes of this chapter only, a real property sales
contract does not include a contract for purchase of an attached
residential condominium unit entered into pursuant to a conditional
public report issued by the Bureau of Real Estate pursuant to
Section 11018.12 of the Business and Professions Code.

begin delete SEC. 57. end delete
begin insert SEC. 54. end insert   

Section 5240 of the Civil Code, as added by Section
2 of Chapter 180 of the Statutes of 2012, is amended to read:

5240.  

(a) As applied to an association and its members, the
provisions of this article are intended to supersede the provisions
of Sections 8330 and 8333 of the Corporations Code to the extent
those sections are inconsistent.

(b) Except as provided in subdivision (a), members of the
association shall have access to association records, including
accounting books and records and membership lists, in accordance
with Article 3 (commencing with Section 8330) of Chapter 13 of
Part 3 of Division 2 of Title 1 of the Corporations Code.

(c) This article applies to any community service organization
or similar entity that is related to the association, and to any
nonprofit entity that provides services to a common interest
development under a declaration of trust. This article shall operate
to give a member of the organization or entity a right to inspect
and copy the records of that organization or entity equivalent to
that granted to association members by this article.

(d) This article shall not apply to any common interest
development in which separate interests are being offered for sale
by a subdivider under the authority of a public report issued by
the Bureau of Real Estate so long as the subdivider or all
subdividers offering those separate interests for sale, or any
employees of those subdividers or any other person who receives
direct or indirect compensation from any of those subdividers,
comprise a majority of the directors. Notwithstanding the
foregoing, this article shall apply to that common interest
development no later than 10 years after the close of escrow for
the first sale of a separate interest to a member of the general public
pursuant to the public report issued for the first phase of the
development.

begin delete SEC. 58. end delete
begin insert SEC. 55. end insert   

Section 5400 of the Civil Code, as added by Section
2 of Chapter 180 of the Statutes of 2012, is amended to read:

5400.  

To the extent existing funds are available, the Department
of Consumer Affairs and the Bureau of Real Estate shall develop
an online education course for the board regarding the role, duties,
laws, and responsibilities of directors and prospective directors,
and the nonjudicial foreclosure process.

begin delete SEC. 59. end delete
begin insert SEC. 56. end insert   

Section 1218 of the Code of Civil Procedure is
amended to read:

1218.  

(a) Upon the answer and evidence taken, the court or
judge shall determine whether the person proceeded against is
guilty of the contempt charged, and if it be adjudged that he or she
is guilty of the contempt, a fine may be imposed on him or her not
exceeding one thousand dollars ($1,000), payable to the court, or
he or she may be imprisoned not exceeding five days, or both. In
addition, a person who is subject to a court order as a party to the
action, or any agent of this person, who is adjudged guilty of
contempt for violating that court order may be ordered to pay to
the party initiating the contempt proceeding the reasonable
attorney’s fees and costs incurred by this party in connection with
the contempt proceeding.

(b) Any party, who is in contempt of a court order or judgment
in a dissolution of marriage, dissolution of domestic partnership,
or legal separation action, shall not be permitted to enforce such
an order or judgment, by way of execution or otherwise, either in
the same action or by way of a separate action, against the other
party. This restriction shall not affect nor apply to the enforcement
of child or spousal support orders.

(c) In any court action in which a party is found in contempt of
court for failure to comply with a court order pursuant to the Family
Code, the court shall order the following:

(1) Upon a first finding of contempt, the court shall order the
contemner to perform community service of up to 120 hours, or
to be imprisoned up to 120 hours, for each count of contempt.

(2) Upon the second finding of contempt, the court shall order
the contemner to perform community service of up to 120 hours,
in addition to ordering imprisonment of the contemner up to 120
hours, for each count of contempt.

(3) Upon the third or any subsequent finding of contempt, the
court shall order both of the following:

(A) The court shall order the contemner to serve a term of
imprisonment of up to 240 hours, and to perform community
service of up to 240 hours, for each count of contempt.

(B) The court shall order the contemner to pay an administrative
fee, not to exceed the actual cost of the contemner’s administration
and supervision, while assigned to a community service program
pursuant to this paragraph.

(4) The court shall take parties’ employment schedules into
consideration when ordering either community service or
imprisonment, or both.

(d) Pursuant to Section 1211 and this section, a district attorney
or city attorney may initiate and pursue a court action for contempt
against a party for failing to comply with a court order entered
pursuant to the Domestic Violence Protection Act (Division 10
(commencing with Section 6200) of the Family Code). Any
attorney’s fees and costs ordered by the court pursuant to
subdivision (a) against a party who is adjudged guilty of contempt
under this subdivision shall be paid to the Office of Emergency
Services’ account established for the purpose of funding domestic
violence shelter service providers pursuant to subdivision (f) of
Section 13823.15 of the Penal Code.

begin delete SEC. 60. end delete
begin insert SEC. 57. end insert   

Section 14010 of the Corporations Code is amended
to read:

14010.  

Unless the context otherwise requires, the definitions
in this section govern the construction of this part.

(a) “Corporation” or “the corporation” means any nonprofit
California small business financial development corporation created
pursuant to this part.

(b) “Director” means the Director of the Governor’s Office of
Business and Economic Development.

(c) “Financial institution” means banking organizations
including national banks and trust companies authorized to conduct
business in California and state-chartered commercial banks, trust
companies, and savings and loan associations.

(d) “Financial company” means banking organizations including
national banks and trust companies, savings and loan associations,
state insurance companies, mutual insurance companies, and other
banking, lending, retirement, and insurance organizations.

(e) “Expansion Fund” means the California Small Business
Expansion Fund.

(f) Unless otherwise defined by the director by regulation, “small
business loan” means a loan to a business defined as an eligible
small business as set forth in Section 121.3-10 of Part 121 of
Chapter 1 of Title 13 of the Code of Federal Regulations, including
those businesses organized for agricultural purposes that create or
retain employment as a result of the loan. From time to time, the
director shall provide guidelines as to the preferred ratio of jobs
created or retained to total funds borrowed for guidance to the
corporations.

(g) “Employment incentive loan” means a loan to a qualified
business, as defined in subdivision (h) of Section 7082 of the
Government Code, or to a business located within an enterprise
zone, as defined in subdivision (b) of Section 7072 of the
Government Code.

(h) “Loan committee” means a committee appointed by the
board of directors of a corporation to determine the course of action
on a loan application pursuant to Section 14060.

(i) “Board of directors” means the board of directors of the
corporation.

(j) “Board” means the California Small Business Board.

(k) “Manager” means the manager of the Small Business Loan
Guarantee Program as designated by the Director of the Governor’s
Office of Business and Economic Development.

(l) “Office” means the Governor’s Office of Business and
Economic Development.

(m) “Trust fund” means the money from the expansion fund
that is held in trust by a financial institution or a financial company.
A trust fund is not a deposit of state funds and is not subject to the
requirements of Section 16506 of the Government Code.

(n) “Trust fund account” means an account within the trust fund
that is allocated to a particular small business financial
development corporation for the purpose of paying loan defaults
and claims on bond guarantees for a specific small business
financial development corporation.

(o) “Trustee” is the lending institution or financial company
selected by the office to hold and invest the trust fund. The
agreement between the agency and the trustee shall not be
construed to be a deposit of state funds.

begin delete SEC. 61. end delete
begin insert SEC. 58. end insert   

Section 14060.6 of the Corporations Code is amended
to read:

14060.6.  

(a) The Small Business Loan Guarantee Program
exists in the Governor’s Office of Business and Economic
Development.

(b) The Legislature finds and declares that the Small Business
Loan Guarantee Program has enabled participating small businesses
that do not qualify for conventional business loans or Small
Business Administration loans to secure funds to expand their
businesses. These small businesses would not have been able to
expand their businesses in the absence of the program. The program
has also provided valuable technical assistance to small businesses
to ensure growth and stability. The study commissioned by Section
14069.6, as added by Chapter 919 of the Statutes of 1997,
documented the return on investment of the program and the need
for its services. The value of the program has also been recognized
by the Governor through proposals contained in the May Revision
to the Budget Act of 2000 for the 2000-01 fiscal year.

(c) Notwithstanding Section 14060.5, the Governor’s Office of
Business and Economic Development shall establish new small
business financial development corporations pursuant to the
procedures otherwise established by this chapter in the following
areas:

(1) San Jose.

(2) Santa Ana.

(3) San Fernando Valley.

(4) Ontario.

(d) Upon an appropriation in the annual Budget Act for this
purpose, the Governor’s Office of Business and Economic
Development shall establish a small business financial development
corporation in southeast Los Angeles.

(e) Each of the small business financial development
corporations, upon the recommendation of the board and at least
once each year, shall make a presentation and overview of the
corporation’s business operations to the board.

begin delete SEC. 62. end delete
begin insert SEC. 59. end insert   

Section 25005 of the Corporations Code is amended
to read:

25005.  

“Commissioner” means the Commissioner of Business
Oversight.

begin delete SEC. 63. end delete
begin insert SEC. 60. end insert   

Section 25600 of the Corporations Code is repealed.

begin delete SEC. 64. end delete
begin insert SEC. 61. end insert   

Section 25601 of the Corporations Code is repealed.

begin delete SEC. 65. end delete
begin insert SEC. 62. end insert   

Section 25602 of the Corporations Code is repealed.

begin delete SEC. 66. end delete
begin insert SEC. 63. end insert   

Section 25603 of the Corporations Code is repealed.

begin delete SEC. 67. end delete
begin insert SEC. 64. end insert   

Section 28033 of the Corporations Code is amended
to read:

28033.  

“Commissioner” means the Commissioner of Business
Oversight or his or her designee with respect to a particular matter.

begin delete SEC. 68. end delete
begin insert SEC. 65. end insert   

Section 29200 of the Corporations Code is amended
to read:

29200.  

Every person doing business as a broker or making
contracts as a broker or agent for the purchase or sale of any
securities or commodities on any board of trade or exchange shall
keep or cause to be kept at his begin insert or her end insert office or place of business
correct and permanent records or books of account showing each
of such transactions as a separate item. The failure so to keep or
cause to be kept such records or books of account is prima facie
evidence that any such contract was bucketing or bucketshopping.

Such records or books of account shall at all times be open to
inspection by the Commissioner of Business Oversight or by any
deputy, investigator, or auditor of the Department of Business
Oversight to whom he may delegate such authority in writing.

begin delete

SEC. 69.  

Section 29503 of the Corporations Code is amended
to read:

29503.  

“Commissioner” means the Deputy Commissioner of
Business Oversight for the Division of Corporations.

end delete

begin delete

SEC. 70.  

Section 31004 of the Corporations Code is amended
to read:

31004.  

“Commissioner” means the Deputy Commissioner of
Business Oversight for the Division of Corporations.

end delete

begin delete SEC. 71. end delete
begin insert SEC. 66. end insert   

Section 31210 of the Corporations Code is amended
to read:

31210.  

It is unlawful for any person to effect or attempt to
effect a sale of a franchise in this state, except in transactions
exempted under Chapter 1 (commencing with Section 31100) of
Part 2 of this division, unless such person is: (1) identified in an
application or amended application filed with the commissioner
pursuant to Part 2 (commencing with Section 31100) of this
division, (2) licensed by the Bureau of Real Estate as a real estate
broker or real estate salesman, or (3) licensed by the commissioner
as a broker-dealer or agent pursuant to the Corporate Securities
Law of 1968.

begin delete SEC. 72. end delete
begin insert SEC. 67. end insert   

Section 17444 of the Education Code is amended to
read:

17444.  

(a) Any installment of an owner’s development lien
created pursuant to this article shall become delinquent 30 days
following billing thereof if unpaid, or if the installment is being
collected by the county tax collector, at the time general taxes
become delinquent. An installment shall be in default 30 days after
written notice of the delinquency has been given by certified or
registered mail to the record owner of the property subject to the
lien and all lenders of record.

(b) The governing board, not later than four years after the date
of default of any payment, may order that the amount be collected
by an action brought in superior court to foreclose against the real
property subject to the owner’s development lien for the then
delinquent installment of the owner’s development lien. The action
shall affect only the delinquent amounts and shall not accelerate
or require payment of any remaining amount of the owner’s
development lien.

(c) The lease agreement between the governing board and the
nonprofit corporation may contain covenants for the benefit of
bondholders providing that the governing board shall commence
and diligently prosecute to completion any foreclosure action
regarding delinquent installments of an owner’s development lien.
The lease agreement may specify a deadline for commencement
of the foreclosure action and any other terms and conditions that
the governing board may determine to be reasonable.

(d) The governing board may assign its rights under this section
to the nonprofit corporation or to any trustee under the resolution
adopted pursuant to Section 17437.

(e) Costs in the action shall be fixed and allowed by the court
and shall include, but are not limited to, reasonable attorneys’ fees,
interest, penalties and other charges or advances authorized by this
article, and when so fixed and allowed by the court, the costs shall
be included in the judgment. The amount of penalties, costs, and
interest due shall be calculated up to the date of judgment.

(f) All matters pertaining to foreclosure, execution and sale shall
be governed by the then existing law of California. However,
notwithstanding any other law, the owner’s right of redemption
shall be limited to 60 days following the date of sale of the owner’s
interest. The owner’s development lien shall continue as security
for all future required installment payments. Any remaining funds
after foreclosure and payment of all obligations and costs of
foreclosure of the delinquent installment of the owner’s
development lien shall be paid pursuant to the priority of
encumbrances of record and to the owner or owner’s successor as
of the date of initiation of the foreclosure proceeding.

(g) Foreclosures of installments of the owner’s development
lien pursuant to this article shall not affect the priority of any
scheme of community development approved by the Bureau of
Real Estate, including, but not limited to, subdivision maps,
condominium plans, covenants, conditions, restrictions, and
easements whether recorded prior to or subsequent to the owner’s
development lien.

begin delete SEC. 73. end delete
begin insert SEC. 68. end insert   

Section 22001 of the Education Code is amended to
read:

22001.  

In order to provide a financially sound plan for the
retirement, with adequate retirement allowances, of teachers in the
public schools of this state, teachers in schools supported by this
state, and other persons employed in connection with the schools,
the State Teachers’ Retirement System is established. The system
is a unit of the Government Operations Agency.

begin delete SEC. 74. end delete
begin insert SEC. 69. end insert   

Section 32282 of the Education Code is amended to
read:

32282.  

(a) The comprehensive school safety plan shall include,
but not be limited to, both of the following:

(1) Assessing the current status of school crime committed on
school campuses and at school-related functions.

(2) Identifying appropriate strategies and programs that will
provide or maintain a high level of school safety and address the
school’s procedures for complying with existing laws related to
school safety, which shall include the development of all of the
following:

(A) Child abuse reporting procedures consistent with Article
2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of
Part 4 of the Penal Code.

(B) Disaster procedures, routine and emergency, including
adaptations for pupils with disabilities in accordance with the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.). The disaster procedures shall also include, but not
be limited to, both of the following:

(i) Establishing an earthquake emergency procedure system in
every public school building having an occupant capacity of 50
or more pupils or more than one classroom. A district or county
office may work with the Office of Emergency Services and the
Seismic Safety Commission to develop and establish the earthquake
emergency procedure system. The system shall include, but not
be limited to, all of the following:

(I) A school building disaster plan, ready for implementation
at any time, for maintaining the safety and care of pupils and staff.

(II) A drop procedure whereby each pupil and staff member
takes cover under a table or desk, dropping to his or her knees,
with the head protected by the arms, and the back to the windows.
A drop procedure practice shall be held at least once each school
quarter in elementary schools and at least once a semester in
secondary schools.

(III) Protective measures to be taken before, during, and
following an earthquake.

(IV) A program to ensure that pupils and both the certificated
and classified staff are aware of, and properly trained in, the
earthquake emergency procedure system.

(ii) Establishing a procedure to allow a public agency, including
the American Red Cross, to use school buildings, grounds, and
equipment for mass care and welfare shelters during disasters or
other emergencies affecting the public health and welfare. The
district or county office shall cooperate with the public agency in
furnishing and maintaining the services as the district or county
office may deem necessary to meet the needs of the community.

(C) Policies pursuant to subdivision (d) of Section 48915 for
pupils who committed an act listed in subdivision (c) of Section
48915 and other school-designated serious acts which would lead
to suspension, expulsion, or mandatory expulsion recommendations
pursuant to Article 1 (commencing with Section 48900) of Chapter
6 of Part 27 of Division 4 of Title 2.

(D) Procedures to notify teachers of dangerous pupils pursuant
to Section 49079.

(E) A discrimination and harassment policy consistent with the
prohibition against discrimination contained in Chapter 2
(commencing with Section 200) of Part 1.

(F) The provisions of any schoolwide dress code, pursuant to
Section 35183, that prohibits pupils from wearing “gang-related
apparel,” if the school has adopted that type of a dress code. For
those purposes, the comprehensive school safety plan shall define
“gang-related apparel.” The definition shall be limited to apparel
that, if worn or displayed on a school campus, reasonably could
be determined to threaten the health and safety of the school
environment. Any schoolwide dress code established pursuant to
this section and Section 35183 shall be enforced on the school
campus and at any school-sponsored activity by the principal of
the school or the person designated by the principal. For purposes
of this paragraph, “gang-related apparel” shall not be considered
a protected form of speech pursuant to Section 48950.

(G) Procedures for safe ingress and egress of pupils, parents,
and school employees to and from school.

(H) A safe and orderly environment conducive to learning at
the school.

(I) The rules and procedures on school discipline adopted
pursuant to Sections 35291 and 35291.5.

(b) It is the intent of the Legislature that schools develop
comprehensive school safety plans using existing resources,
including the materials and services of the partnership, pursuant
to this chapter. It is also the intent of the Legislature that schools
use the handbook developed and distributed by the School/Law
Enforcement Partnership Program entitled “Safe Schools: A
Planning Guide for Action” in conjunction with developing their
plan for school safety.

(c) Grants to assist schools in implementing their comprehensive
school safety plan shall be made available through the partnership
as authorized by Section 32285.

(d) Each schoolsite council or school safety planning committee
in developing and updating a comprehensive school safety plan
shall, where practical, consult, cooperate, and coordinate with
other schoolsite councils or school safety planning committees.

(e) The comprehensive school safety plan may be evaluated and
amended, as needed, by the school safety planning committee, but
shall be evaluated at least once a year, to ensure that the
comprehensive school safety plan is properly implemented. An
updated file of all safety-related plans and materials shall be readily
available for inspection by the public.

(f) As comprehensive school safety plans are reviewed and
updated, the Legislature encourages all plans, to the extent that
resources are available, to include policies and procedures aimed
at the prevention of bullying.

(g) The comprehensive school safety plan, as written and
updated by the schoolsite council or school safety planning
committee, shall be submitted for approval under subdivision (a)
of Section 32288.

begin delete SEC. 75. end delete
begin insert SEC. 70. end insert   

Section 32282.5 of the Education Code is amended
to read:

32282.5.  

(a) The department shall electronically distribute
disaster preparedness educational materials and lesson plans that
are currently available to school districts and county offices of
education.

(b) The department shall ensure that the disaster preparedness
materials are available in at least the three most dominant primary
languages spoken by English learners in California, according to
the language census.

(c) The department shall coordinate with the Office of
Emergency Services to make sure that all materials are reviewed
and updated annually.

begin delete SEC. 76. end delete
begin insert SEC. 71. end insert   

Section 35296 of the Education Code is amended to
read:

35296.  

The governing board of each private school shall
establish an earthquake emergency procedure system in every
private school building under its jurisdiction having an occupant
capacity of 50 or more pupils or more than one classroom. A
governing board may work with the Office of Emergency Services
and the Seismic Safety Commission to develop and establish the
earthquake emergency procedure systems.

begin delete SEC. 77. end delete
begin insert SEC. 72. end insert   

Section 51264 of the Education Code is amended to
read:

51264.  

(a) The State Department of Education shall prepare
and distribute to school districts and county offices of education
guidelines for incorporating in-service training in gang violence
and drug and alcohol abuse prevention for teachers, counselors,
athletic directors, school board members, and other educational
personnel into the staff development plans of all school districts
and county offices of education.

(b) The department shall, upon request, assist school districts
and county offices of education in developing comprehensive gang
violence and drug and alcohol abuse prevention in-service training
programs. The department’s information and guidelines, to the
maximum extent possible, shall encourage school districts and
county offices of education to avoid duplication of effort by sharing
resources, adapting or adopting model in-service training programs,
developing joint and collaborative programs, and coordinating
efforts with existing state staff development programs, county
gang violence and drug and alcohol staff development programs,
county health departments, county and city law enforcement
agencies, and other public and private agencies providing health,
drug, alcohol, gang violence prevention, or other related services
at the local level.

(c) The department shall assist school districts and county offices
of education in qualifying for the receipt of federal and state funds
to support their gang violence and drug and alcohol abuse
prevention in-service training programs.

(d) Each school that chooses to utilize the provisions of this
article related to in-service training in gang violence and drug and
alcohol abuse prevention, is encouraged to develop a single plan
to strengthen its gang violence and drug and alcohol abuse
prevention efforts. If a school develops or has developed a school
improvement plan pursuant to Article 2 (commencing with Section
52010) of Chapter 6 of Part 28, or a school safety plan pursuant
to Article 5 (commencing with Section 32280) of Chapter 2.5 of
Part 19, it is encouraged to incorporate into that plan, where
appropriate, the gang violence and drug and alcohol prevention
plan that it has developed.

(e) The department shall consult with the Office of Emergency
Services regarding gang violence.

begin delete SEC. 78. end delete
begin insert SEC. 73. end insert   

Section 51266 of the Education Code is amended to
read:

51266.  

(a) The Office of Emergency Services, in collaboration
with the State Department of Education, shall develop a model
gang violence suppression and substance abuse prevention
curriculum for grades 2, 4, and 6. The curriculum for grades 2, 4,
and 6 shall be modeled after a similar curriculum that has been
developed by the Orange County Office of Education for grades
3, 5, and 7. The Office of Emergency Services, in collaboration
with the State Department of Education, may contract with a county
office of education for the development of the model curriculum.
The model curriculum shall be made available to school districts
and county offices of education and shall, at a minimum, provide
for each of the following:

(1) Lessons for grades 2, 4, and 6 that are aligned with the state
curriculum frameworks for history, social science, and English
and language arts.

(2) Instructional resources that address issues of ethnic diversity
and at-risk pupils.

(3) The integration of the instructional resources of the Office
of Emergency Services and the School/Law Enforcement
Partnership in order to support the school curriculum and assist in
the alignment of the state curriculum framework.

(b) The Office of Emergency Services shall develop an
independent evaluation of the pupil outcomes of the model gang
violence suppression and substance abuse prevention curriculum
program.

begin delete SEC. 79. end delete
begin insert SEC. 74. end insert   

Section 51266.5 of the Education Code is amended
to read:

51266.5.  

The Rural Gang Task Force Subcommittee provided
for by subdivision (g) of Section 13826.1 of the Penal Code, in
collaboration with the Gang Violence Suppression Advisory
Committee provided for by subdivision (g) of Section 13826.1 of
the Penal Code and the Office of Emergency Services, shall review
the model gang violence suppression and substance abuse
prevention curriculum for grades 2, 4, and 6, developed pursuant
to Section 51266, and identify methods by which the curriculum
can best be utilized in rural school settings.

begin delete

SEC. 80.  

Section 51269 of the Education Code is amended to
read:

51269.  

(a) The State Department of Education shall
collaborate, to the extent possible, with other state agencies that
administer drug, alcohol, and tobacco abuse prevention education
programs to streamline and simplify the process whereby local
educational agencies apply for state and federal drug, alcohol, and
tobacco education funds.

(b) The State Department of Education, in consultation with the
Department of Justice, the Office of Emergency Services, and the
State Department of Alcohol and Drug Programs, shall develop,
to the extent possible, an ongoing statewide monitoring and
assessment system to provide current and reliable data on the
utilization of resources for programs for prevention of and early
intervention for drug, alcohol, and tobacco abuse. The purpose of
the system shall be to facilitate improved planning and program
delivery among state and local agencies, including law
enforcement, juvenile justice, county health, and county drug and
alcohol agencies and programs, and communities.

end delete

begin delete SEC. 81. end delete
begin insert SEC. 75. end insert   

Section 66210 of the Education Code is amended to
read:

66210.  

(a) The Office of Emergency Services shall develop
guidelines for campuses of the University of California and the
California State University to use in developing emergency
evacuation plans for all forms of student housing owned, operated,
and offered by the university, both on campus and off campus. In
developing the guidelines, the Office of Emergency Services shall
consider Sections 3.09 and 3.13 of Title 19 of the California Code
of Regulations. The guidelines shall address all of the following
issues:

(1) Plan content. The plans should include, but need not be
limited to, the following:

(A) Specific evacuation routes that recognize the needs of
persons with special needs, such as persons with disabilities.

(B) The designation of a meeting place or places upon
evacuation.

(C) The education of students and staff in emergency procedures.

(2) The implementation and maintenance of the evacuation plan
by the director of student housing, or other appropriate officer, at
the individual campuses. The director, or other appropriate officer,
is responsible for scheduling periodic tests of the plan and
implementing changes as needed.

(b) Each campus of the University of California and the
California State University shall establish an emergency evacuation
plan for its postsecondary student housing and may consult with
the Office of Emergency Services for guidance in developing and
establishing the plan.

begin delete SEC. 82. end delete
begin insert SEC. 76. end insert   

Section 71095 of the Education Code is amended to
read:

71095.  

(a) The chancellor’s office, in consultation with the
Office of Emergency Services and the Office of Homeland
Security, shall, by January 1, 2009, develop emergency
preparedness standards and guidelines to assist community college
districts and campuses in the event of a natural disaster, hazardous
condition, or terrorist activity on or around a community college
campus.

(b) The standards and guidelines shall be developed in
accordance with the Standardized Emergency Management System
and the National Incident Management System, and shall be
reviewed by the Office of Emergency Services in a manner that
is consistent with existing policy. In developing the standards and
guidelines, the chancellor’s office shall consider, but is not limited
to, all of the following components:

(1) Information on establishing a campus emergency
management team.

(2) Provisions regarding overview training for every employee
within one year of commencement of employment.

(3) Information on specialized training for employees who may
be designated as part of an emergency management team.

(4) Information on preparedness, prevention, response, recovery,
and mitigation policies and procedures.

(5) Information on coordinating with the appropriate local, state,
and federal government authorities, and nongovernmental entities
on comprehensive emergency management and preparedness
activities.

begin delete SEC. 83. end delete
begin insert SEC. 77. end insert   

Section 94600 of the Education Code is amended to
read:

94600.  

(a) The Office of Emergency Services shall develop
guidelines for private colleges and universities to use in developing
emergency evacuation plans for all forms of student housing
owned, operated, and offered by private colleges and universities,
both on campus and off campus. In developing the guidelines, the
Office of Emergency Services shall consider Sections 3.09 and
3.13 of Title 19 of the California Code of Regulations. The
guidelines shall address all of the following issues:

(1) Plan content. The plans should include, but need not be
limited to, the following:

(A) Specific evacuation routes that recognize the needs of
persons with special needs, such as persons with disabilities.

(B) The designation of a meeting place or places upon
evacuation.

(C) The education of students and staff in emergency procedures.

(2) The implementation and maintenance of the evacuation plan
by the director of student housing, or other appropriate officer, at
individual campuses. The director, or other appropriate officer, is
responsible for scheduling periodic tests of the plan and
implementing changes as needed.

(b) Each private college or university shall establish an
emergency evacuation plan for its postsecondary student housing
and may consult with the Office of Emergency Services for
guidance in developing and establishing the plan.

begin delete SEC. 84. end delete
begin insert SEC. 78. end insert   

Section 298 of the Family Code is amended to read:

298.  

(a) (1) The Secretary of State shall prepare forms entitled
“Declaration of Domestic Partnership” and “Notice of Termination
of Domestic Partnership” to meet the requirements of this division.
These forms shall require the signature and seal of an
acknowledgment by a notary public to be binding and valid.

(2) When funding allows, the Secretary of State shall include
on the form notice that a lesbian, gay, bisexual, and transgender
specific domestic abuse brochure is available upon request.

(b) (1) The Secretary of State shall distribute these forms to
each county clerk. These forms shall be available to the public at
the office of the Secretary of State and each county clerk.

(2) The Secretary of State shall, by regulation, establish fees
for the actual costs of processing each of these forms, and the cost
for preparing and sending the mailings and notices required
pursuant to Section 299.3, and shall charge these fees to persons
filing the forms.

(3) There is hereby established a fee of twenty-three dollars
($23) to be charged in addition to the existing fees established by
regulation to persons filing domestic partner registrations pursuant
to Section 297 for development and support of a lesbian, gay,
bisexual, and transgender curriculum for training workshops on
domestic violence, conducted pursuant to Section 13823.15 of the
Penal Code, and for the support of a grant program to promote
healthy nonviolent relationships in the lesbian, gay, bisexual, and
transgender community. This paragraph shall not apply to persons
of opposite sexes filing a domestic partnership registration and
who meet the qualifications described in subparagraph (B) of
paragraph (5) of subdivision (b) of Section 297.

(4) The fee established by paragraph (3) shall be deposited in
the Equality in Prevention and Services for Domestic Abuse Fund,
which is hereby established. The fund shall be administered by
the Office of Emergency Services, and expenditures from the fund
shall be used to support the purposes of paragraph (3).

(c) The Declaration of Domestic Partnership shall require each
person who wants to become a domestic partner to (1) state that
he or she meets the requirements of Section 297 at the time the
form is signed, (2) provide a mailing address, (3) state that he or
she consents to the jurisdiction of the Superior Courts of California
for the purpose of a proceeding to obtain a judgment of dissolution
or nullity of the domestic partnership or for legal separation of
partners in the domestic partnership, or for any other proceeding
related to the partners’ rights and obligations, even if one or both
partners ceases to be a resident of, or to maintain a domicile in,
this state, (4) sign the form with a declaration that representations
made therein are true, correct, and contain no material omissions
of fact to the best knowledge and belief of the applicant, and (5)
have a notary public acknowledge his or her signature. Both
partners’ signatures shall be affixed to one Declaration of Domestic
Partnership form, which form shall then be transmitted to the
Secretary of State according to the instructions provided on the
form. Filing an intentionally and materially false Declaration of
Domestic Partnership shall be punishable as a misdemeanor.

(d) The Declaration of Domestic Partnership form shall contain
an optional section for either party or both parties to indicate a
change in name pursuant to Section 298.6. The optional section
shall require a party indicating a change in name to provide his or
her date of birth.

begin delete SEC. 85. end delete
begin insert SEC. 79. end insert   

Section 17520 of the Family Code is amended to
read:

17520.  

(a) As used in this section:

(1) “Applicant” means any person applying for issuance or
renewal of a license.

(2) “Board” means any entity specified in Section 101 of the
Business and Professions Code, the entities referred to in Sections
1000 and 3600 of the Business and Professions Code, the State
Bar, the Bureau of Real Estate, the Department of Motor Vehicles,
the Secretary of State, the Department of Fish and Game, and any
other state commission, department, committee, examiner, or
agency that issues a license, certificate, credential, permit,
registration, or any other authorization to engage in a business,
occupation, or profession, or to the extent required by federal law
or regulations, for recreational purposes. This term includes all
boards, commissions, departments, committees, examiners, entities,
and agencies that issue a license, certificate, credential, permit,
registration, or any other authorization to engage in a business,
occupation, or profession. The failure to specifically name a
particular board, commission, department, committee, examiner,
entity, or agency that issues a license, certificate, credential, permit,
registration, or any other authorization to engage in a business,
occupation, or profession does not exclude that board, commission,
department, committee, examiner, entity, or agency from this term.

(3) “Certified list” means a list provided by the local child
support agency to the Department of Child Support Services in
which the local child support agency verifies, under penalty of
perjury, that the names contained therein are support obligors found
to be out of compliance with a judgment or order for support in a
case being enforced under Title IV-D of the Social Security Act.

(4) “Compliance with a judgment or order for support” means
that, as set forth in a judgment or order for child or family support,
the obligor is no more than 30 calendar days in arrears in making
payments in full for current support, in making periodic payments
in full, whether court ordered or by agreement with the local child
support agency, on a support arrearage, or in making periodic
payments in full, whether court ordered or by agreement with the
local child support agency, on a judgment for reimbursement for
public assistance, or has obtained a judicial finding that equitable
estoppel as provided in statute or case law precludes enforcement
of the order. The local child support agency is authorized to use
this section to enforce orders for spousal support only when the
local child support agency is also enforcing a related child support
obligation owed to the obligee parent by the same obligor, pursuant
to Sections 17400 and 17604.

(5) “License” includes membership in the State Bar, and a
certificate, credential, permit, registration, or any other
authorization issued by a board that allows a person to engage in
a business, occupation, or profession, or to operate a commercial
motor vehicle, including appointment and commission by the
Secretary of State as a notary public. “License” also includes any
driver’s license issued by the Department of Motor Vehicles, any
commercial fishing license issued by the Department of Fish and
Game, and to the extent required by federal law or regulations,
any license used for recreational purposes. This term includes all
licenses, certificates, credentials, permits, registrations, or any
other authorization issued by a board that allows a person to engage
in a business, occupation, or profession. The failure to specifically
name a particular type of license, certificate, credential, permit,
registration, or other authorization issued by a board that allows
a person to engage in a business, occupation, or profession, does
not exclude that license, certificate, credential, permit, registration,
or other authorization from this term.

(6) “Licensee” means any person holding a license, certificate,
credential, permit, registration, or other authorization issued by a
board, to engage in a business, occupation, or profession, or a
commercial driver’s license as defined in Section 15210 of the
Vehicle Code, including an appointment and commission by the
Secretary of State as a notary public. “Licensee” also means any
person holding a driver’s license issued by the Department of
Motor Vehicles, any person holding a commercial fishing license
issued by the Department of Fish and Game, and to the extent
required by federal law or regulations, any person holding a license
used for recreational purposes. This term includes all persons
holding a license, certificate, credential, permit, registration, or
any other authorization to engage in a business, occupation, or
profession, and the failure to specifically name a particular type
of license, certificate, credential, permit, registration, or other
authorization issued by a board does not exclude that person from
this term. For licenses issued to an entity that is not an individual
person, “licensee” includes any individual who is either listed on
the license or who qualifies for the license.

(b) The local child support agency shall maintain a list of those
persons included in a case being enforced under Title IV-D of the
Social Security Act against whom a support order or judgment has
been rendered by, or registered in, a court of this state, and who
are not in compliance with that order or judgment. The local child
support agency shall submit a certified list with the names, social
security numbers, and last known addresses of these persons and
the name, address, and telephone number of the local child support
agency who certified the list to the department. The local child
support agency shall verify, under penalty of perjury, that the
persons listed are subject to an order or judgment for the payment
of support and that these persons are not in compliance with the
order or judgment. The local child support agency shall submit to
the department an updated certified list on a monthly basis.

(c) The department shall consolidate the certified lists received
from the local child support agencies and, within 30 calendar days
of receipt, shall provide a copy of the consolidated list to each
board that is responsible for the regulation of licenses, as specified
in this section.

(d) On or before November 1, 1992, or as soon thereafter as
economically feasible, as determined by the department, all boards
subject to this section shall implement procedures to accept and
process the list provided by the department, in accordance with
this section. Notwithstanding any other law, all boards shall collect
social security numbers from all applicants for the purposes of
matching the names of the certified list provided by the department
to applicants and licensees and of responding to requests for this
information made by child support agencies.

(e) (1) Promptly after receiving the certified consolidated list
from the department, and prior to the issuance or renewal of a
license, each board shall determine whether the applicant is on the
most recent certified consolidated list provided by the department.
The board shall have the authority to withhold issuance or renewal
of the license of any applicant on the list.

(2) If an applicant is on the list, the board shall immediately
serve notice as specified in subdivision (f) on the applicant of the
board’s intent to withhold issuance or renewal of the license. The
notice shall be made personally or by mail to the applicant’s last
known mailing address on file with the board. Service by mail
shall be complete in accordance with Section 1013 of the Code of
Civil Procedure.

(A) The board shall issue a temporary license valid for a period
of 150 days to any applicant whose name is on the certified list if
the applicant is otherwise eligible for a license.

(B) Except as provided in subparagraph (D), the 150-day time
period for a temporary license shall not be extended. Except as
provided in subparagraph (D), only one temporary license shall
be issued during a regular license term and it shall coincide with
the first 150 days of that license term. As this paragraph applies
to commercial driver’s licenses, “license term” shall be deemed
to be 12 months from the date the application fee is received by
the Department of Motor Vehicles. A license for the full or
remainder of the license term shall be issued or renewed only upon
compliance with this section.

(C) In the event that a license or application for a license or the
renewal of a license is denied pursuant to this section, any funds
paid by the applicant or licensee shall not be refunded by the board.

(D) This paragraph shall apply only in the case of a driver’s
license, other than a commercial driver’s license. Upon the request
of the local child support agency or by order of the court upon a
showing of good cause, the board shall extend a 150-day temporary
license for a period not to exceed 150 extra days.

(3) (A) The department may, when it is economically feasible
for the department and the boards to do so as determined by the
department, in cases where the department is aware that certain
child support obligors listed on the certified lists have been out of
compliance with a judgment or order for support for more than
four months, provide a supplemental list of these obligors to each
board with which the department has an interagency agreement to
implement this paragraph. Upon request by the department, the
licenses of these obligors shall be subject to suspension, provided
that the licenses would not otherwise be eligible for renewal within
six months from the date of the request by the department. The
board shall have the authority to suspend the license of any licensee
on this supplemental list.

(B) If a licensee is on a supplemental list, the board shall
immediately serve notice as specified in subdivision (f) on the
licensee that his or her license will be automatically suspended
150 days after notice is served, unless compliance with this section
is achieved. The notice shall be made personally or by mail to the
licensee’s last known mailing address on file with the board.
Service by mail shall be complete in accordance with Section 1013
of the Code of Civil Procedure.

(C) The 150-day notice period shall not be extended.

(D) In the event that any license is suspended pursuant to this
section, any funds paid by the licensee shall not be refunded by
the board.

(E) This paragraph shall not apply to licenses subject to annual
renewal or annual fee.

(f) Notices shall be developed by each board in accordance with
guidelines provided by the department and subject to approval by
the department. The notice shall include the address and telephone
number of the local child support agency that submitted the name
on the certified list, and shall emphasize the necessity of obtaining
a release from that local child support agency as a condition for
the issuance, renewal, or continued valid status of a license or
licenses.

(1) In the case of applicants not subject to paragraph (3) of
subdivision (e), the notice shall inform the applicant that the board
shall issue a temporary license, as provided in subparagraph (A)
of paragraph (2) of subdivision (e), for 150 calendar days if the
applicant is otherwise eligible and that upon expiration of that time
period the license will be denied unless the board has received a
release from the local child support agency that submitted the name
on the certified list.

(2) In the case of licensees named on a supplemental list, the
notice shall inform the licensee that his or her license will continue
in its existing status for no more than 150 calendar days from the
date of mailing or service of the notice and thereafter will be
suspended indefinitely unless, during the 150-day notice period,
the board has received a release from the local child support agency
that submitted the name on the certified list. Additionally, the
notice shall inform the licensee that any license suspended under
this section will remain so until the expiration of the remaining
license term, unless the board receives a release along with
applications and fees, if applicable, to reinstate the license during
the license term.

(3) The notice shall also inform the applicant or licensee that if
an application is denied or a license is suspended pursuant to this
section, any funds paid by the applicant or licensee shall not be
refunded by the board. The Department of Child Support Services
shall also develop a form that the applicant shall use to request a
review by the local child support agency. A copy of this form shall
be included with every notice sent pursuant to this subdivision.

(g) (1) Each local child support agency shall maintain review
procedures consistent with this section to allow an applicant to
have the underlying arrearage and any relevant defenses
investigated, to provide an applicant information on the process
of obtaining a modification of a support order, or to provide an
applicant assistance in the establishment of a payment schedule
on arrearages if the circumstances so warrant.

(2) It is the intent of the Legislature that a court or local child
support agency, when determining an appropriate payment schedule
for arrearages, base its decision on the facts of the particular case
and the priority of payment of child support over other debts. The
payment schedule shall also recognize that certain expenses may
be essential to enable an obligor to be employed. Therefore, in
reaching its decision, the court or the local child support agency
shall consider both of these goals in setting a payment schedule
for arrearages.

(h) If the applicant wishes to challenge the submission of his
or her name on the certified list, the applicant shall make a timely
written request for review to the local child support agency who
certified the applicant’s name. A request for review pursuant to
this section shall be resolved in the same manner and timeframe
provided for resolution of a complaint pursuant to Section 17800.
The local child support agency shall immediately send a release
to the appropriate board and the applicant, if any of the following
conditions are met:

(1) The applicant is found to be in compliance or negotiates an
agreement with the local child support agency for a payment
schedule on arrearages or reimbursement.

(2) The applicant has submitted a request for review, but the
local child support agency will be unable to complete the review
and send notice of its findings to the applicant within the time
specified in Section 17800.

(3) The applicant has filed and served a request for judicial
review pursuant to this section, but a resolution of that review will
not be made within 150 days of the date of service of notice
pursuant to subdivision (f). This paragraph applies only if the delay
in completing the judicial review process is not the result of the
applicant’s failure to act in a reasonable, timely, and diligent
manner upon receiving the local child support agency’s notice of
findings.

(4) The applicant has obtained a judicial finding of compliance
as defined in this section.

(i) An applicant is required to act with diligence in responding
to notices from the board and the local child support agency with
the recognition that the temporary license will lapse or the license
suspension will go into effect after 150 days and that the local
child support agency and, where appropriate, the court must have
time to act within that period. An applicant’s delay in acting,
without good cause, which directly results in the inability of the
local child support agency to complete a review of the applicant’s
request or the court to hear the request for judicial review within
the 150-day period shall not constitute the diligence required under
this section which would justify the issuance of a release.

(j) Except as otherwise provided in this section, the local child
support agency shall not issue a release if the applicant is not in
compliance with the judgment or order for support. The local child
support agency shall notify the applicant in writing that the
applicant may, by filing an order to show cause or notice of motion,
request any or all of the following:

(1) Judicial review of the local child support agency’s decision
not to issue a release.

(2) A judicial determination of compliance.

(3) A modification of the support judgment or order.

The notice shall also contain the name and address of the court
in which the applicant shall file the order to show cause or notice
of motion and inform the applicant that his or her name shall
remain on the certified list if the applicant does not timely request
judicial review. The applicant shall comply with all statutes and
rules of court regarding orders to show cause and notices of motion.

This section shall not be deemed to limit an applicant from filing
an order to show cause or notice of motion to modify a support
judgment or order or to fix a payment schedule on arrearages
accruing under a support judgment or order or to obtain a court
finding of compliance with a judgment or order for support.

(k) The request for judicial review of the local child support
agency’s decision shall state the grounds for which review is
requested and judicial review shall be limited to those stated
grounds. The court shall hold an evidentiary hearing within 20
calendar days of the filing of the request for review. Judicial review
of the local child support agency’s decision shall be limited to a
determination of each of the following issues:

(1) Whether there is a support judgment, order, or payment
schedule on arrearages or reimbursement.

(2) Whether the petitioner is the obligor covered by the support
judgment or order.

(3) Whether the support obligor is or is not in compliance with
the judgment or order of support.

(4) (A) The extent to which the needs of the obligor, taking
into account the obligor’s payment history and the current
circumstances of both the obligor and the obligee, warrant a
conditional release as described in this subdivision.

(B) The request for judicial review shall be served by the
applicant upon the local child support agency that submitted the
applicant’s name on the certified list within seven calendar days
of the filing of the petition. The court has the authority to uphold
the action, unconditionally release the license, or conditionally
release the license.

(C) If the judicial review results in a finding by the court that
the obligor is in compliance with the judgment or order for support,
the local child support agency shall immediately send a release in
accordance with subdivision (l) to the appropriate board and the
applicant. If the judicial review results in a finding by the court
that the needs of the obligor warrant a conditional release, the court
shall make findings of fact stating the basis for the release and the
payment necessary to satisfy the unrestricted issuance or renewal
of the license without prejudice to a later judicial determination
of the amount of support arrearages, including interest, and shall
specify payment terms, compliance with which are necessary to
allow the release to remain in effect.

(l) The department shall prescribe release forms for use by local
child support agencies. When the obligor is in compliance, the
local child support agency shall mail to the applicant and the
appropriate board a release stating that the applicant is in
compliance. The receipt of a release shall serve to notify the
applicant and the board that, for the purposes of this section, the
applicant is in compliance with the judgment or order for support.
Any board that has received a release from the local child support
agency pursuant to this subdivision shall process the release within
five business days of its receipt.

If the local child support agency determines subsequent to the
issuance of a release that the applicant is once again not in
compliance with a judgment or order for support, or with the terms
of repayment as described in this subdivision, the local child
support agency may notify the board, the obligor, and the
department in a format prescribed by the department that the
obligor is not in compliance.

The department may, when it is economically feasible for the
department and the boards to develop an automated process for
complying with this subdivision, notify the boards in a manner
prescribed by the department, that the obligor is once again not in
compliance. Upon receipt of this notice, the board shall
immediately notify the obligor on a form prescribed by the
department that the obligor’s license will be suspended on a
specific date, and this date shall be no longer than 30 days from
the date the form is mailed. The obligor shall be further notified
that the license will remain suspended until a new release is issued
in accordance with subdivision (h). Nothing in this section shall
be deemed to limit the obligor from seeking judicial review of
suspension pursuant to the procedures described in subdivision
(k).

(m) The department may enter into interagency agreements with
the state agencies that have responsibility for the administration
of boards necessary to implement this section, to the extent that it
is cost effective to implement this section. These agreements shall
provide for the receipt by the other state agencies and boards of
federal funds to cover that portion of costs allowable in federal
law and regulation and incurred by the state agencies and boards
in implementing this section. Notwithstanding any other provision
of law, revenue generated by a board or state agency shall be used
to fund the nonfederal share of costs incurred pursuant to this
section. These agreements shall provide that boards shall reimburse
the department for the nonfederal share of costs incurred by the
department in implementing this section. The boards shall
reimburse the department for the nonfederal share of costs incurred
pursuant to this section from moneys collected from applicants
and licensees.

(n) Notwithstanding any other law, in order for the boards
subject to this section to be reimbursed for the costs incurred in
administering its provisions, the boards may, with the approval of
the appropriate department director, levy on all licensees and
applicants a surcharge on any fee or fees collected pursuant to law,
or, alternatively, with the approval of the appropriate department
director, levy on the applicants or licensees named on a certified
list or supplemental list, a special fee.

(o) The process described in subdivision (h) shall constitute the
sole administrative remedy for contesting the issuance of a
temporary license or the denial or suspension of a license under
this section. The procedures specified in the administrative
adjudication provisions of the Administrative Procedure Act
(Chapter 4.5 (commencing with Section 11400) and Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the Government Code) shall not apply to the denial,
suspension, or failure to issue or renew a license or the issuance
of a temporary license pursuant to this section.

(p) In furtherance of the public policy of increasing child support
enforcement and collections, on or before November 1, 1995, the
State Department of Social Services shall make a report to the
Legislature and the Governor based on data collected by the boards
and the district attorneys in a format prescribed by the State
Department of Social Services. The report shall contain all of the
following:

(1) The number of delinquent obligors certified by district
attorneys under this section.

(2) The number of support obligors who also were applicants
or licensees subject to this section.

(3) The number of new licenses and renewals that were delayed,
temporary licenses issued, and licenses suspended subject to this
section and the number of new licenses and renewals granted and
licenses reinstated following board receipt of releases as provided
by subdivision (h) by May 1, 1995.

(4) The costs incurred in the implementation and enforcement
of this section.

(q) Any board receiving an inquiry as to the licensed status of
an applicant or licensee who has had a license denied or suspended
under this section or has been granted a temporary license under
this section shall respond only that the license was denied or
suspended or the temporary license was issued pursuant to this
section. Information collected pursuant to this section by any state
agency, board, or department shall be subject to the Information
Practices Act of 1977 (Chapter 1 (commencing with Section 1798)
of Title 1.8 of Part 4 of Division 3 of the Civil Code).

(r) Any rules and regulations issued pursuant to this section by
any state agency, board, or department may be adopted as
emergency regulations in accordance with the rulemaking
provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code). The adoption of these regulations
shall be deemed an emergency and necessary for the immediate
preservation of the public peace, health, and safety, or general
welfare. The regulations shall become effective immediately upon
filing with the Secretary of State.

(s) The department and boards, as appropriate, shall adopt
regulations necessary to implement this section.

(t) The Judicial Council shall develop the forms necessary to
implement this section, except as provided in subdivisions (f) and
(l).

(u) The release or other use of information received by a board
pursuant to this section, except as authorized by this section, is
punishable as a misdemeanor.

(v) The State Board of Equalization shall enter into interagency
agreements with the department and the Franchise Tax Board that
will require the department and the Franchise Tax Board to
maximize the use of information collected by the State Board of
Equalization, for child support enforcement purposes, to the extent
it is cost effective and permitted by the Revenue and Taxation
Code.

(w) (1) The suspension or revocation of any driver’s license,
including a commercial driver’s license, under this section shall
not subject the licensee to vehicle impoundment pursuant to Section
14602.6 of the Vehicle Code.

(2) Notwithstanding any other law, the suspension or revocation
of any driver’s license, including a commercial driver’s license,
under this section shall not subject the licensee to increased costs
for vehicle liability insurance.

(x) If any provision of this section or the application thereof to
any person or circumstance is held invalid, that invalidity shall not
affect other provisions or applications of this section which can
be given effect without the invalid provision or application, and
to this end the provisions of this section are severable.

(y) All rights to administrative and judicial review afforded by
this section to an applicant shall also be afforded to a licensee.

begin delete SEC. 86. end delete
begin insert SEC. 80. end insert   

Section 125 of the Financial Code is amended to read:

125.  

“Commissioner” means the Commissioner of Business
Oversight and “department” means the Department of Business
Oversight.

begin delete SEC. 87. end delete
begin insert SEC. 81. end insert   

The heading of Chapter 3 (commencing with Section
300) of Division 1 of the Financial Code is amended to read:

 

Chapter  3. Department of Business Oversight

 

begin delete SEC. 88. end delete
begin insert SEC. 82. end insert   

The heading of Article 2 (commencing with Section
320) of Chapter 3 of Division 1 of the Financial Code is amended
to read:

 

Article 2.  Commissioner of Business Oversight

 

begin delete

SEC. 89.  

Section 320 of the Financial Code is amended to read:

320.  

The chief officer of the Department of Business Oversight
is the Commissioner of Business Oversight. The Commissioner
of Business Oversight is the head of the department with the
authority and responsibility over all officers, employees, and
activities in the department and, except as otherwise provided in
this code, is subject to the provisions of the Government Code
relating to department heads, but need not reside in Sacramento.

end delete

begin delete SEC. 90. end delete
begin insert SEC. 83. end insert   

Section 321 of the Financial Code is repealed.

begin delete SEC. 91. end delete
begin insert SEC. 84. end insert   

Section 321 is added to the Financial Code, to read:

321.  

(a) In this section, “order” means any approval, consent,
authorization, exemption, denial, prohibition, requirement, or other
administrative action, applicable to a specific case.

(b) The office of the Commissioner of Financial Institutions
and the Department of Financial Institutions are abolished. All
powers, duties, responsibilities, and functions of the Commissioner
of Financial Institutions and the Department of Financial
Institutions are transferred to the Commissioner of Business
Oversight and the Department of Business Oversight, respectively.
The Commissioner of Business Oversight and the Department of
Business Oversight succeed to all of the rights and property of the
Commissioner of Financial Institutions and Department of
Financial Institutions, respectively; the Commissioner of Business
Oversight and the Department of Business Oversight are subject
to all the debts and liabilities of the Commissioner of Financial
Institutions and the Department of Financial Institutions,
respectively, as if the Commissioner of Business Oversight and
the Department of Business Oversight had incurred them. Any
action or proceeding by or against the Commissioner of Financial
Institutions or the Department of Financial Institutions may be
prosecuted to judgment, which shall bind the Commissioner of
Business Oversight or the Department of Business Oversight,
respectively, or the Commissioner of Business Oversight or the
Department of Business Oversight may be proceeded against or
substituted in place of the Commissioner of Financial Institutions
or the Department of Financial Institutions, respectively.
References in the California Constitution or in any statute or
regulation to the Superintendent of Banks or the Commissioner of
Financial Institutions or to the State Banking Department or the
Department of Financial Institutions mean the Commissioner of
Business Oversight or the Department of Business Oversight,
respectively. All agreements entered into with, and orders and
regulations issued by, the Commissioner of Financial Institutions
or the Department of Financial Institutions shall continue in effect
as if the agreements were entered into with, and the orders and
regulations were issued by, the Commissioner of Business
Oversight or the Department of Business Oversight, respectively.

(c) The office of the Commissioner of Corporations and the
Department of Corporations are abolished. All powers, duties,
responsibilities, and functions of the Commissioner of Corporations
and the Department of Corporations are transferred to the
Commissioner of Business Oversight and the Department of
Business Oversight, respectively. The Commissioner of Business
Oversight and the Department of Business Oversight succeed to
all of the rights and property of the Commissioner of Corporations
and begin insert the end insert Department of Corporations, respectively; the
Commissioner of Business Oversight and the Department of
Business Oversight are subject to all the debts and liabilities of
the Commissioner of Corporations and the Department of
Corporations, respectively, as if the Commissioner of Business
Oversight and the Department of Business Oversight had incurred
them. Any action or proceeding by or against the Commissioner
of Corporations or the Department of Corporations may be
prosecuted to judgment, which shall bind the Commissioner of
Business Oversight or the Department of Business Oversight,
respectively, or the Commissioner of Business Oversight or the
Department of Business Oversight may be proceeded against or
substituted in place of the Commissioner of Corporations or the
Department of Corporations, respectively. References in the
California Constitution or in any statute or regulation to the
Commissioner of Corporations or the Department of Corporations
mean the Commissioner of Business Oversight or the Department
of Business Oversight, respectively. All agreements entered into
with, and orders and regulations issued by, the Commissioner of
Corporations or the Department of Corporations shall continue in
effect as if the agreements were entered into with, and the orders
and regulations were issued by, the Commissioner of Business
Oversight or the Department of Business Oversight, respectively.

begin delete

SEC. 92.  

Section 351 of the Financial Code is repealed.

end delete

begin delete

SEC. 93.  

Section 351 is added to the Financial Code, to read:

351.  

(a) The chief officer of the Division of Corporations is
the Deputy Commissioner of Business Oversight for the Division
of Corporations. The Deputy Commissioner of Business Oversight
for the Division of Corporations shall, under the direction of the
commissioner, administer the laws of this state that were, prior to
July 1, 2013, under the charge of the Department of Corporations.
The Deputy Commissioner of Business Oversight for the Division
of Corporations shall be appointed by the Governor and shall hold
office at the pleasure of the Governor. The Deputy Commissioner
of Business Oversight for the Division of Corporations shall receive
an annual salary as fixed by the Governor.

(b) The chief officer of the Division of Financial Institutions is
the Deputy Commissioner of Business Oversight for the Division
of Financial Institutions. The Deputy Commissioner of Business
Oversight for the Division of Financial Institutions shall, under
the direction of the commissioner, administer the laws of this state
that were, prior to July 1, 2013, under the charge of the Department
of Financial Institutions. The Deputy Commissioner of Business
Oversight for the Division of Financial Institutions shall be
appointed by the Governor and shall hold office at the pleasure of
the Governor. The Deputy Commissioner of Business Oversight
for the Division of Financial Institutions shall receive an annual
salary as fixed by the Governor.

end delete

begin delete

SEC. 94.  

Section 371 of the Financial Code is repealed.

end delete

begin delete

SEC. 95.  

Section 371 is added to the Financial Code, to read:

371.  

(a) There is in the Department of Business Oversight, the
Division of Corporations. The Division of Corporations has charge
of the execution of the laws of the state that were, prior to July 1,
2013, under the charge of the Department of Corporations.

(b) There is in the Department of Business Oversight, the
Division of Financial Institutions. The Division of Financial
Institutions has charge of the execution of the laws of the state that
were, prior to July 1, 2013, under the charge of the Department of
Financial Institutions.

end delete

begin delete SEC. 96. end delete
begin insert SEC. 85. end insert   

Section 2003 of the Financial Code is amended to
read:

2003.  

For purposes of this division, the following definitions
shall apply:

(a) “Affiliate,” when used with respect to a specified person,
means any person controlling, controlled by, or under common
control with, that specified person, directly or indirectly through
one or more intermediaries. For purposes of subdivisions (q) and
(v), a specified person is affiliated with another person if that
person controls, is controlled by, or under common control through
the ownership directly or indirectly of shares or equity securities
possessing more than 50 percent of the voting power of that
specified person.

(b) “Agent” means a person that provides money transmission
in California on behalf of the licensee, provided that the licensee
becomes liable for the money transmission from the time money
or monetary value is received by that person. However, “agent”
does not include any officer or employee of the licensee when
acting as such at an office of a licensee.

(c) “Applicant” means a person that files an application for a
license or for acquisition of control of a licensee under this division.

(d) “Average daily outstanding” means the amount of
outstanding money transmission obligations in California at the
end of each day in a given period of time, added together, and
divided by the total number of days in that period of time.

(e)  “Branch office” means any office in this state of a licensee
or agent at which the licensee receives money or monetary value
to provide money transmission, either directly or through an agent.

(f) “Business day” means one of the following:

(1) When used with respect to any act to be performed in this
state, any day other than Saturday, Sunday, or any other day that
is provided for as a holiday in the Government Code.

(2) When used with respect to any act to be performed in any
jurisdiction other than this state, any day other than a day that is
a legal holiday under the laws of that jurisdiction.

(g) “Commissioner” means the Commissioner of Business
Oversight.

(h) “Control” has the meaning set forth in Section 1250.

(i) “Day” means calendar day.

(j) “In California” or “in this state” means physically located
in California, or with, to, or from persons located in California.

(k) “Issue” and “issuer” mean, with regard to a payment
instrument, the entity that is the maker or drawer of the instrument
in accordance with the California Commercial Code and is liable
for payment. With regard to stored value, “issue” and “issuer”
mean the entity that is liable to the holder of stored value and has
undertaken or is obligated to pay the stored value. Only a licensee
may issue stored value or payment instruments.

(l) “Licensee” means a corporation or limited liability company
licensed under this division.

(m) “Monetary value” means a medium of exchange, whether
or not redeemable in money.

(n) “Money” means a medium of exchange that is authorized
or adopted by the United States or a foreign government. The term
includes a monetary unit of account established by an
intergovernmental organization or by agreement between two or
more governments.

(o) “Money transmission” means any of the following:

(1) Selling or issuing payment instruments.

(2) Selling or issuing stored value.

(3) Receiving money for transmission.

(p) “Outstanding,” with respect to payment instruments and
stored value, means issued or sold by the licensee in the United
States and not yet paid or refunded by the licensee, or issued or
sold on behalf of the licensee in the United States by its agent and
reported as sold, but not yet paid or refunded by the licensee.
“Outstanding,” with respect to receiving money for transmission
means all money or monetary value received in the United States
for transmission by the licensee or its agents but not yet paid to
the beneficiaries or refunded to the person from whom the money
or monetary value was received. All outstanding money
transmission of a licensee is and shall remain a liability of the
licensee until it is no longer outstanding.

(q) “Payment instrument” means a check, draft, money order,
traveler’s check, or other instrument for the transmission or
payment of money or monetary value, whether or not negotiable.
The term does not include a credit card voucher, letter of credit,
or any instrument that is redeemable by the issuer for goods or
services provided by the issuer or its affiliate.

(r) “Person” means an individual, corporation, business trust,
estate, trust, partnership, proprietorship, syndicate, limited liability
company, association, joint venture, government, governmental
subdivision, agency or instrumentality, public corporation or joint
stock company, or any other organization or legal or commercial
entity, provided, however, that “person,” when used with respect
to acquiring control of or controlling a specified person, includes
any combination of two or more persons acting in concert.

(s) “Receiving money for transmission” or “money received for
transmission” means receiving money or monetary value in the
United States for transmission within or outside the United States
by electronic or other means. The term does not include sale or
issuance of payment instruments and stored value.

(t) “Record” means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.

(u) “State” means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States.

(v) “Stored value” means monetary value representing a claim
against the issuer that is stored on an electronic or digital medium
and evidenced by an electronic or digital record, and that is
intended and accepted for use as a means of redemption for money
or monetary value or payment for goods or services. The term does
not include a credit card voucher, letter of credit, or any stored
value that is only redeemable by the issuer for goods or services
provided by the issuer or its affiliate, except to the extent required
by applicable law to be redeemable in cash for its cash value.

(w) “Traveler’s check” means an instrument that meets all of
the following:

(1) Is designated on its face by the term “traveler’s check” or
by any substantially similar term or is commonly known and
marketed as a traveler’s check.

(2) Contains a provision for a specimen signature of the
purchaser to be completed at the time of purchase.

(3) Contains a provision for a countersignature of the purchaser
to be completed at the time of negotiation.

begin delete

SEC. 97.  

Section 4805.055 of the Financial Code is amended
to read:

4805.055.  

“Commissioner” means the Deputy Commissioner
of Business Oversight for the Division of Financial Institutions.

end delete

begin delete SEC. 98. end delete
begin insert SEC. 86. end insert   

Section 4970 of the Financial Code is amended to
read:

4970.  

For purposes of this division:

(a) “Annual percentage rate” means the annual percentage rate
for the loan calculated according to the provisions of the federal
Truth in Lending Act and the regulations adopted thereunder by
the Federal Reserve Board.

(b) “Covered loan” means a consumer loan in which the original
principal balance of the loan does not exceed the most current
conforming loan limit for a single-family first mortgage loan
established by the Federal National Mortgage Association in the
case of a mortgage or deed of trust, and where one of the following
conditions are met:

(1) For a mortgage or deed of trust, the annual percentage rate
at consummation of the transaction will exceed by more than eight
percentage points the yield on Treasury securities having
comparable periods of maturity on the 15th day of the month
immediately preceding the month in which the application for the
extension of credit is received by the creditor.

(2) The total points and fees payable by the consumer at or
before closing for a mortgage or deed of trust will exceed 6 percent
of the total loan amount.

(c) “Points and fees” shall include the following:

(1) All items required to be disclosed as finance charges under
Sections 226.4(a) and 226.4(b) of Title 12 of the Code of Federal
Regulations, including the Official Staff Commentary, as amended
from time to time, except interest.

(2) All compensation and fees paid to mortgage brokers in
connection with the loan transaction.

(3) All items listed in Section 226.4(c)(7) of Title 12 of the Code
of Federal Regulations, only if the person originating the covered
loan receives direct compensation in connection with the charge.

(d) “Consumer loan” means a consumer credit transaction that
is secured by real property located in this state used, or intended
to be used or occupied, as the principal dwelling of the consumer
that is improved by a one-to-four residential unit. “Consumer loan”
does not include a reverse mortgage, an open line of credit as
defined in Part 226 of Title 12 of the Code of Federal Regulations
(Regulation Z), or a consumer credit transaction that is secured by
rental property or second homes. “Consumer loan” does not include
a bridge loan. For purposes of this division, a bridge loan is any
temporary loan, having a maturity of one year or less, for the
purpose of acquisition or construction of a dwelling intended to
become the consumer’s principal dwelling.

(e) “Original principal balance” means the total initial amount
the consumer is obligated to repay on the loan.

(f) “Licensing agency” shall mean the Bureau of Real Estate
for licensed real estate brokers, the Department of Business
Oversight for licensed residential mortgage lenders, licensed
finance lenders and brokers, and the commercial and industrial
banks and savings associations and credit unions organized in this
state.

(g) “Licensed person” means a real estate broker licensed under
the Real Estate Law (Part 1 (commencing with Section 10000) of
Division 4 of the Business and Professions Code), a finance lender
or broker licensed under the California Finance Lenders Law
(Division 9 (commencing with Section 22000)), a residential
mortgage lender licensed under the California Residential Mortgage
Lending Act (Division 20 (commencing with Section 50000)), a
commercial or industrial bank organized under the Banking Law
(Division 1 (commencing with Section 99)), a savings association
organized under the Savings Association Law (Division 2
(commencing with Section 5000)), and a credit union organized
under the California Credit Union Law (Division 5 (commencing
with Section 14000)). This division shall not be construed to
prevent any enforcement by a governmental entity against any
person who originates a loan and who is exempt or excluded from
licensure by all of the licensing agencies, based on a violation of
any provision of this division. This division shall not be construed
to prevent the Bureau of Real Estate from enforcing this division
against a licensed salesperson employed by a licensed real estate
broker as if that salesperson were a licensed person under this
division. A licensed person includes any person engaged in the
practice of consumer lending, as defined in this division, for which
a license is required under any other provision of law, but whose
license is invalid, suspended or revoked, or where no license has
been obtained.

(h) “Originate” means to arrange, negotiate, or make a consumer
loan.

(i) “Servicer” has the same meaning provided in Section 6 (i)(2)
of the Real Estate Settlement Procedures Act of 1974.

begin delete

SEC. 99.  

Section 5104 of the Financial Code is amended to
read:

5104.  

“Commissioner” means the Deputy Commissioner of
Business Oversight for the Division of Financial Institutions.

end delete

begin delete SEC. 100. end delete
begin insert SEC. 87. end insert   

Section 5106 of the Financial Code is amended to
read:

5106.  

“Department” means the Division of Financial
Institutions in the Department of Business Oversight.

begin delete

SEC. 101.  

Section 12003 of the Financial Code is amended to
read:

12003.  

“Commissioner” means the Deputy Commissioner of
Business Oversight for the Division of Corporations, or any deputy,
investigator, auditor, or any other person employed by him or her.

SEC. 102.  

Section 14003 of the Financial Code is amended to
read:

14003.  

“Commissioner” means the Deputy Commissioner of
Business Oversight for the Division of Financial Institutions.

SEC. 103.  

Section 14200.1 of the Financial Code is amended
to read:

14200.1.  

There is in the Division of Financial Institutions, the
Office of Credit Unions. The Office of Credit Unions has charge
of the execution of the laws of this state relating to credit unions
or to the credit union business.

SEC. 104.  

Section 14200.2 of the Financial Code is amended
to read:

14200.2.  

The chief officer of the Office of Credit Unions is
the Chief of the Office of Credit Unions. The Chief of the Office
of Credit Unions shall, under the direction and on behalf of the
Deputy Commissioner of Business Oversight for the Division of
Financial Institutions, administer the laws of this state relating to
credit unions or the credit union business. The Chief of the Office
of Credit Unions shall be appointed by the Governor and shall
hold office at the pleasure of the Governor. The Chief of the Office
of Credit Unions shall receive an annual salary as fixed by the
Governor.

SEC. 105.  

Section 17002 of the Financial Code is amended to
read:

17002.  

“Commissioner” means the Deputy Commissioner of
Business Oversight for the Division of Corporations.

end delete

begin delete SEC. 106. end delete
begin insert SEC. 88. end insert   

Section 17312 of the Financial Code is amended to
read:

17312.  

(a) Each person licensed pursuant to this division who
is engaged in the business of receiving escrows specified in
subdivision (c) and whose escrow business location is located
within the State of California shall participate as a member in
Fidelity Corporation in accordance with this chapter and rules
established by the Board of Directors of Fidelity Corporation.
Fidelity Corporation shall not deny membership to any escrow
agent holding a valid unrevoked license under the Escrow Law
who is required to be a member under this subdivision.

(b) Upon filing a new application for licensure as required by
Section 17201, persons required to be a member of Fidelity
Corporation shall file a copy thereof concurrently with Fidelity
Corporation. If an application for licensure submitted to Fidelity
Corporation contains personal or confidential information, Fidelity
Corporation and its board shall maintain this information in
confidence to protect the privacy of the information. The copy of
the application shall include the three-thousand-dollar ($3,000)
fee specified in subdivision (a) of Section 17320 and all required
Fidelity Corporation Certificates set forth in Sections 17331 and
17331.1. Fidelity Corporation shall promptly furnish to the
commissioner a compliance letter confirming that the applicant
has satisfied the requirements to be a member of Fidelity
Corporation.

(c) The required membership in Fidelity Corporation shall be
limited to those licensees whose escrow business location is located
within the State of California and who engage, in whole or in part,
in the business of receiving escrows for deposit or delivery in the
following types of transactions:

(1) Real property escrows, including, but not limited to, the
sale, encumbrance, lease, transfer of title, loans or other obligations
to be secured by a lien upon real property, and exchanges,
excluding money or property held or deposited pursuant to
paragraph (3) of subdivision (a) of Section 51003.

(2) Bulk sale escrows, including, but not limited to, the sale or
transfer of title to a business entity and the transfer of liquor
licenses or other types of business licenses or permits.

(3) Fund or joint control escrows, including, but not limited to,
transactions specified in Section 17005.1, and contracts specified
in Section 10263 of the Public Contract Code.

(4) The sale, transfer of title, or refinance escrows for
manufactured homes or mobilehomes.

(5) Reservation deposits required under Article 2 (commencing
with Section 11010) of Chapter 1 of Part 2 of Division 4 of the
Business and Professions Code or by regulation of the Bureau of
Real Estate to be held in an escrow account.

(6) Escrows for sale, transfer, modification, assignment, or
hypothecation of promissory notes secured by deeds of trust.

(d) Coverage required to be provided by Fidelity Corporation
under this chapter shall be provided to members only for loss of
trust obligations with respect to those types of transactions
specified in subdivision (c). If a loss covered by Fidelity
Corporation is also covered by a member’s general liability,
dishonesty, or indemnity policy, or other private insurance policy,
then the member’s private policy shall first be applied as the
primary indemnity to cover the loss. However, the failure of the
member’s private primary policy to indemnify the member’s loss
within the time specified for Fidelity Corporation indemnity in
subdivision (a) of Section 17314 shall not limit the indemnity
obligations of Fidelity Corporation as defined in this chapter.
Indemnity coverage for those types of transactions not specified
in subdivision (c) shall be provided by escrow agents in accordance
with Section 17203.1.

begin delete SEC. 107. end delete
begin insert SEC. 89. end insert   

Section 17423.1 of the Financial Code is amended
to read:

17423.1.  

(a) (1) Whenever the commissioner takes any
enforcement or disciplinary action pursuant to Section 17423, upon
the action becoming final the commissioner shall notify the Real
Estate Commissioner and the Insurance Commissioner of the action
or actions taken. The purpose of this notification is to alert the
departments that enforcement or disciplinary action has been taken,
if the person seeks or obtains employment with entities regulated
by the departments.

(2) The commissioner shall provide the Real Estate
Commissioner and the Insurance Commissioner, in addition to the
notification of the action taken, with a copy of the written
accusation, statement of issues, or order issued or filed in the matter
and, at the request of the Real Estate Commissioner or Insurance
Commissioner, with any underlying factual material relevant to
the enforcement or disciplinary action. Any confidential
information provided by the commissioner to the Insurance
Commissioner or the Real Estate Commissioner shall not be made
public pursuant to this section. Notwithstanding any other provision
of law, the disclosure of any underlying factual material to the
Insurance Commissioner or the Real Estate Commissioner shall
not operate as a waiver of confidentiality or any privilege that the
commissioner may assert.

(b) The commissioner shall establish and maintain, on the Web
site maintained by the Department of Business Oversight, a
separate and readily identifiable database of all persons who have
been subject to any enforcement or disciplinary action that triggers
the notification requirements of this section. The database shall
also contain a direct link to the databases, described in Section
10176.1 of the Business and Professions Code and Section
12414.31 of the Insurance Code and required to be maintained on
the Web sites of the Bureau of Real Estate and the Department of
Insurance, respectively, of persons who have been subject to
enforcement or disciplinary action for malfeasance or misconduct
related to the escrow industry by the Insurance Commissioner and
the Real Estate Commissioner.

(c) There shall be no liability on the part of, and no cause of
action of any nature shall arise against, the State of California, the
Department of Business Oversight, the Commissioner of Business
Oversight, any other state agency, or any officer, agent, employee,
consultant, or contractor of the state, for the release of any false
or unauthorized information pursuant to this section, unless the
release of that information was done with knowledge and malice,
or for the failure to release any information pursuant to this section.

begin delete

SEC. 108.  

Section 18002 of the Financial Code is amended to
read:

18002.  

“Commissioner” means the Deputy Commissioner of
Business Oversight for the Division of Financial Institutions.

end delete

begin delete SEC. 109. end delete
begin insert SEC. 90. end insert   

Section 18002.5 of the Financial Code is amended
to read:

18002.5.  

“Department” means the Division of Financial
Institutions in the Department of Business Oversight.

begin delete

SEC. 110.  

Section 22005 of the Financial Code is amended to
read:

22005.  

“Commissioner” means the Deputy Commissioner of
Business Oversight for the Division of Corporations.

end delete

begin delete SEC. 111. end delete
begin insert SEC. 91. end insert   

Section 23001 of the Financial Code is amended to
read:

23001.  

As used in this division, the following terms have the
following meanings:

(a) “Deferred deposit transaction” means a transaction whereby
a person defers depositing a customer’s personal check until a
specific date, pursuant to a written agreement for a fee or other
charge, as provided in Section 23035.

(b) “Commissioner” means the Commissioner of Business
Oversight.

(c) “Department” means the Division of Corporations within
the Department of Business Oversight.

(d) “Licensee” means any person who offers, originates, or
makes a deferred deposit transaction, who arranges a deferred
deposit transaction for a deferred deposit originator, who acts as
an agent for a deferred deposit originator, or who assists a deferred
deposit originator in the origination of a deferred deposit
transaction. However, “licensee” does not include a state or
federally chartered bank, thrift, savings association, industrial loan
company, or credit union. “Licensee” also does not include a retail
seller engaged primarily in the business of selling consumer goods,
including consumables, to retail buyers that cashes checks or issues
money orders for a minimum fee not exceeding two dollars ($2)
as a service to its customers that is incidental to its main purpose
or business. “Licensee” also does not include an employee regularly
employed by a licensee at the licensee’s place of business. An
employee, when acting under the scope of the employee’s
employment, shall be exempt from any other law from which the
employee’s employer is exempt.

(e) “Person” means an individual, a corporation, a partnership,
a limited liability company, a joint venture, an association, a joint
stock company, a trust, an unincorporated organization, a
government entity, or a political subdivision of a government
entity.

(f) “Deferred deposit originator” means a person who offers,
originates, or makes a deferred deposit transaction.

begin delete

SEC. 112.  

Section 30002 of the Financial Code is amended to
read:

30002.  

“Commissioner” means the Deputy Commissioner of
Business Oversight for the Division of Corporations.

end delete

begin delete SEC. 113. end delete
begin insert SEC. 92. end insert   

Section 30005 of the Financial Code is amended to
read:

30005.  

This division does not apply to:

(a) A securities depository which is operated by a corporation,
all of the capital stock (other than directors’ qualifying shares, if
any) of which is held by or for a national securities exchange or
association registered under a statute of the United States such as
the Securities Exchange Act of 1934, or by a corporation all of the
capital stock (other than directors’ qualifying shares, if any) of
which is held by or for such a wholly owned subsidiary of a
registered national securities exchange.

(b) A securities depository which is registered with the Securities
and Exchange Commission pursuant to any provision of federal
law or which is regulated by the Comptroller of the Currency, the
Federal Reserve Board, or the Federal Deposit Insurance
Corporation pursuant to any provision of federal law, or which is
regulated by the Commissioner of Business Oversight under
Division 1 (commencing with Section 1000) of the Financial Code.

begin delete SEC. 114. end delete
begin insert SEC. 93. end insert   

Section 31055 of the Financial Code is amended to
read:

31055.  

“Commissioner” means the Deputy Commissioner of
Business Oversight for the Division of Financial Institutions or
any person to whom the deputy commissioner delegates the
authority to act for him or her in the particular matter.

begin delete

SEC. 115.  

Section 50003 of the Financial Code, as amended
by Section 9 of Chapter 264 of the Statutes of 2012, is amended
to read:

50003.  

(a) “Annual audit” means a certified audit of the
licensee’s books, records, and systems of internal control performed
by an independent certified public accountant in accordance with
generally accepted accounting principles and generally accepted
auditing standards.

(b) “Borrower” means the loan applicant.

(c) “Buy” includes exchange, offer to buy, or solicitation to
buy.

(d) “Commissioner” means the Deputy Commissioner of
Business Oversight for the Division of Corporations.

(e) “Control” means the possession, directly or indirectly, of
the power to direct, or cause the direction of, the management and
policies of a licensee under this division, whether through voting
or through the ownership of voting power of an entity that
possesses voting power of the licensee, or otherwise. Control is
presumed to exist if a person, directly or indirectly, owns, controls,
or holds 10 percent or more of the voting power of a licensee or
of an entity that owns, controls, or holds, with power to vote, 10
percent or more of the voting power of a licensee. No person shall
be deemed to control a licensee solely by reason of his or her status
as an officer or director of the licensee.

(f) “Depository institution” has the same meaning as in Section
3 of the Federal Deposit Insurance Act, and includes any credit
union.

(g) “Engage in the business” means the dissemination to the
public, or any part of the public, by means of written, printed, or
electronic communication or any communication by means of
recorded telephone messages or spoken on radio, television, or
similar communications media, of any information relating to the
making of residential mortgage loans, the servicing of residential
mortgage loans, or both. “Engage in the business” also means,
without limitation, making residential mortgage loans or servicing
residential mortgage loans, or both.

(h) “Federal banking agencies” means the Board of Governors
of the Federal Reserve System, the Comptroller of the Currency,
the Director of the Office of Thrift Supervision, the National Credit
Union Administration, and the Federal Deposit Insurance
Corporation.

(i) “In this state” includes any activity of a person relating to
making or servicing a residential mortgage loan that originates
from this state and is directed to persons outside this state, or that
originates from outside this state and is directed to persons inside
this state, or that originates inside this state and is directed to
persons inside this state, or that leads to the formation of a contract
and the offer or acceptance thereof is directed to a person in this
state (whether from inside or outside this state and whether the
offer was made inside or outside the state).

(j) “Institutional investor” means the following:

(1) The United States or any state, district, territory, or
commonwealth thereof, or any city, county, city and county, public
district, public authority, public corporation, public entity, or
political subdivision of a state, district, territory, or commonwealth
of the United States, or any agency or other instrumentality of any
one or more of the foregoing, including, by way of example, the
Federal National Mortgage Association and the Federal Home
Loan Mortgage Corporation.

(2) Any bank, trust company, savings bank or savings and loan
association, credit union, industrial bank or industrial loan
company, personal property broker, consumer finance lender,
commercial finance lender, or insurance company, or subsidiary
or affiliate of one of the preceding entities, doing business under
the authority of or in accordance with a license, certificate, or
charter issued by the United States or any state, district, territory,
or commonwealth of the United States.

(3) Trustees of pension, profit-sharing, or welfare funds, if the
pension, profit-sharing, or welfare fund has a net worth of not less
than fifteen million dollars ($15,000,000), except pension,
profit-sharing, or welfare funds of a licensee or its affiliate,
self-employed individual retirement plans, or individual retirement
accounts.

(4) A corporation or other entity with outstanding securities
registered under Section 12 of the federal Securities Exchange Act
of 1934 or a wholly owned subsidiary of that corporation or entity,
provided that the purchaser represents either of the following:

(A) That it is purchasing for its own account for investment and
not with a view to, or for sale in connection with, any distribution
of a promissory note.

(B) That it is purchasing for resale pursuant to an exemption
under Rule 144A (17 C.F.R. 230.144A) of the Securities and
Exchange Commission.

(5) An investment company registered under the Investment
Company Act of 1940; or a wholly owned and controlled subsidiary
of that company, provided that the purchaser makes either of the
representations provided in paragraph (4).

(6) A residential mortgage lender or servicer licensed to make
residential mortgage loans under this law or an affiliate or
subsidiary of that person.

(7) Any person who is licensed as a securities broker or
securities dealer under any law of this state, or of the United States,
or any employee, officer, or agent of that person, if that person is
acting within the scope of authority granted by that license or an
affiliate or subsidiary controlled by that broker or dealer, in
connection with a transaction involving the offer, sale, purchase,
or exchange of one or more promissory notes secured directly or
indirectly by liens on real property or a security representing an
ownership interest in a pool of promissory notes secured directly
or indirectly by liens on real property, and the offer and sale of
those securities is qualified under the California Corporate
Securities Law of 1968 or registered under federal securities laws,
or exempt from qualification or registration.

(8) A licensed real estate broker selling the loan to an
institutional investor specified in paragraphs (1) to (7), inclusive,
or paragraph (9) or (10).

(9) A business development company as defined in Section
2(a)(48) of the Investment Company Act of 1940 or a Small
Business Investment Company licensed by the United States Small
Business Administration under Section 301(c) or (d) of the Small
Business Investment Act of 1958.

(10) A syndication or other combination of any of the foregoing
entities that is organized to purchase a promissory note.

(11) A trust or other business entity established by an
institutional investor for the purpose of issuing or facilitating the
issuance of securities representing undivided interests in, or rights
to receive payments from or to receive payments primarily from,
a pool of financial assets held by the trust or business entity,
provided that all of the following apply:

(A) The business entity is not a sole proprietorship.

(B) The pool of assets consists of one or more of the following:

(i) Interest-bearing obligations.

(ii) Other contractual obligations representing the right to receive
payments from the assets.

(iii) Surety bonds, insurance policies, letters of credit, or other
instruments providing credit enhancement for the assets.

(C) The securities will be either one of the following:

(i) Rated as “investment grade” by Standard and Poor’s
Corporation or Moody’s Investors Service, Inc. “Investment grade”
means that the securities will be rated by Standard and Poor’s
Corporation as AAA, AA, A, or BBB or by Moody’s Investors
Service, Inc. as Aaa, Aa, A, or Baa, including any of those ratings
with “+” or “--” designation or other variations that occur within
those ratings.

(ii) Sold to an institutional investor.

(D) The offer and sale of the securities is qualified under the
California Corporate Securities Law of 1968 or registered under
federal securities laws, or exempt from qualification or registration.

(k) “Institutional lender” means the following:

(1) The United States or any state, district, territory, or
commonwealth thereof, or any city, county, city and county, public
district, public authority, public corporation, public entity, or
political subdivision of a state, district, territory, or commonwealth
of the United States, or any agency or other instrumentality of any
one or more of the foregoing, including, by way of example, the
Federal National Mortgage Association and the Federal Home
Loan Mortgage Corporation.

(2) Any bank, trust company, savings bank or savings and loan
association, credit union, industrial loan company, or insurance
company, or service or investment company that is wholly owned
and controlled by one of the preceding entities, doing business
under the authority of and in accordance with a license, certificate,
or charter issued by the United States or any state, district, territory,
or commonwealth of the United States.

(3) Any corporation with outstanding securities registered under
Section 12 of the Securities Exchange Act of 1934 or any wholly
owned subsidiary of that corporation.

(4) A residential mortgage lender or servicer licensed to make
residential mortgage loans under this law.

(l) “Law” means the California Residential Mortgage Lending
Act.

(m) “Lender” means a person that (1) is an approved lender for
the Federal Housing Administration, Veterans Administration,
Farmers Home Administration, Government National Mortgage
Association, Federal National Mortgage Association, or Federal
Home Loan Mortgage Corporation, (2) directly makes residential
mortgage loans, and (3) makes the credit decision in the loan
transactions.

(n) “Licensee” means, depending on the context, a person
licensed under Chapter 2 (commencing with Section 50120),
Chapter 3 (commencing with Section 50130), or Chapter 3.5
(commencing with Section 50140).

(o) “Makes or making residential mortgage loans” or “mortgage
lending” means processing, underwriting, or as a lender using or
advancing one’s own funds, or making a commitment to advance
one’s own funds, to a loan applicant for a residential mortgage
loan.

(p) “Mortgage loan,” “residential mortgage loan,” or “home
mortgage loan” means a federally related mortgage loan as defined
in Section 3500.2 of Title 24 of the Code of Federal Regulations,
or a loan made to finance construction of a one-to-four family
dwelling.

(q) “Mortgage servicer” or “residential mortgage loan servicer”
means a person that (1) is an approved servicer for the Federal
Housing Administration, Veterans Administration, Farmers Home
Administration, Government National Mortgage Association,
Federal National Mortgage Association, or Federal Home Loan
Mortgage Corporation, and (2) directly services or offers to service
mortgage loans.

(r) “Nationwide Mortgage Licensing System and Registry”
means a mortgage licensing system developed and maintained by
the Conference of State Bank Supervisors and the American
Association of Residential Mortgage Regulators for the licensing
and registration of licensed mortgage loan originators.

(s) “Net worth” has the meaning set forth in Section 50201.

(t) “Own funds” means (1) cash, corporate capital, or warehouse
credit lines at commercial banks, savings banks, savings and loan
associations, industrial loan companies, or other sources that are
liability items on a lender’s financial statements, whether secured
or unsecured, or (2) a lender’s affiliate’s cash, corporate capital,
or warehouse credit lines at commercial banks or other sources
that are liability items on the affiliate’s financial statements,
whether secured or unsecured. “Own funds” does not include funds
provided by a third party to fund a loan on condition that the third
party will subsequently purchase or accept an assignment of that
loan.

(u) “Person” means a natural person, a sole proprietorship, a
corporation, a partnership, a limited liability company, an
association, a trust, a joint venture, an unincorporated organization,
a joint stock company, a government or a political subdivision of
a government, and any other entity.

(v) “Residential real property” or “residential real estate” means
real property located in this state that is improved by a one-to-four
family dwelling.

(w) “SAFE Act” means the federal Secure and Fair Enforcement
for Mortgage Licensing Act of 2008 (Public Law 110-289).

(x) “Service” or “servicing” means receiving more than three
installment payments of principal, interest, or other amounts placed
in escrow, pursuant to the terms of a mortgage loan and performing
services by a licensee relating to that receipt or the enforcement
of its receipt, on behalf of the holder of the note evidencing that
loan.

(y) “Sell” includes exchange, offer to sell, or solicitation to sell.

(z) “Unique identifier” means a number or other identifier
assigned by protocols established by the Nationwide Mortgage
Licensing System and Registry.

(aa) For purposes of Sections 50142, 50143, and 50145,
“nontraditional mortgage product” means any mortgage product
other than a 30-year fixed rate mortgage.

(ab) For purposes of Section 50141, “expungement” means the
subsequent order under the provisions of Section 1203.4 of the
Penal Code allowing such individual to withdraw his or her plea
of guilty and to enter a plea of not guilty, or setting aside the verdict
of guilty or dismissing the accusation, information, or indictment.
With respect to criminal convictions in another state, that state’s
definition of expungement will apply.

end delete

begin delete SEC. 116. end delete
begin insert SEC. 94. end insert   

Section 50702 of the Financial Code is amended to
read:

50702.  

(a) The annual report required by Section 50401(a)
shall include both of the following:

(1) The number and the aggregate principal amount of closed
residential mortgage loans secured by residential real estate in
which the licensee provides brokerage services, as defined in this
chapter.

(2) The number and aggregate principal amount of residential
mortgage loans made by the licensee under this division.

(b) The sum total of the aggregate principal loan amounts
reported in paragraphs (1) and (2) of subdivision (a) shall be
deemed the aggregate principal amount of mortgage loans secured
by residential real property originated by the licensee, for purposes
of determining a licensee’s annual assessment under subdivision
(a) of Section 50401.

(c) The commissioner shall provide copies of the annual reports
required by subdivision (a) of Section 50401 to the Bureau of Real
Estate upon request of the Real Estate Commissioner.

begin delete SEC. 117. end delete
begin insert SEC. 95. end insert   

Section 1389 of the Fish and Game Code is amended
to read:

1389.  

The preservation and enhancement of riparian habitat
shall be a primary concern of the Wildlife Conservation Board and
the department, and of all state agencies whose activities impact
riparian habitat, including the Department of Conservation, the
Department of Parks and Recreation, the Department of Water
Resources, the Department of Forestry and Fire Protection, the
State Coastal Conservancy, the California Conservation Corps,
the California Tahoe Conservancy, the Santa Monica Mountains
Conservancy, the California Coastal Commission, the San
Francisco Bay Conservation and Development Commission, and
the State Lands Commission.

begin delete SEC. 118. end delete
begin insert SEC. 96. end insert   

Section 2301 of the Fish and Game Code is amended
to read:

2301.  

(a) (1) Except as authorized by the department, a person
shall not possess, import, ship, or transport in the state, or place,
plant, or cause to be placed or planted in any water within the state,
dreissenid mussels.

(2) The director or his or her designee may do all of the
following:

(A) Conduct inspections of conveyances, which include vehicles,
boats and other watercraft, containers, and trailers, that may carry
or contain adult or larval dreissenid mussels. Included as part of
this authority to conduct inspections is the authority to temporarily
stop conveyances that may carry or contain adult or larval
dreissenid mussels on any roadway or waterway in order to conduct
inspections.

(B) Order that areas in a conveyance that contain water be
drained, dried, or decontaminated pursuant to procedures approved
by the department.

(C) Impound or quarantine conveyances in locations designated
by the department for up to five days or the period of time
necessary to ensure that dreissenid mussels can no longer live on
or in the conveyance.

(D) (i) Conduct inspections of waters of the state and facilities
located within waters of the state that may contain dreissenid
mussels. If dreissenid mussels are detected or may be present, the
director or his or her designee may order the affected waters or
facilities closed to conveyances or otherwise restrict access to the
affected waters or facilities, and shall order that conveyances
removed from, or introduced to, the affected waters or facilities
be inspected, quarantined, or disinfected in a manner and for a
duration necessary to detect and prevent the spread of dreissenid
mussels within the state.

(ii) For the purpose of implementing clause (i), the director or
his or her designee shall order the closure or quarantine of, or
restrict access to, these waters, areas, or facilities in a manner and
duration necessary to detect and prevent the spread of dreissenid
mussels within the state. No closure, quarantine, or restriction shall
be authorized by the director or his or her designee without the
concurrence of the Secretary of the Natural Resources Agency. If
a closure lasts longer than seven days, the department shall update
the operator of the affected facility every 10 days on efforts to
address the dreissenid infestation. The department shall provide
these updates in writing and also post these updates on the
department’s Internet Web site in an easily accessible manner.

(iii) The department shall develop procedures to ensure proper
notification of affected local and federal agencies, and, as
appropriate, the Department of Water Resources, the Department
of Parks and Recreation, and the State Lands Commission in the
event of a decision to close, quarantine, or restrict a facility
pursuant to this paragraph. These procedures shall include the
reasons for the closure, quarantine, or restriction, and methods for
providing updated information to those affected. These procedures
shall also include protocols for the posting of the notifications on
the department’s Internet Web site required by clause (ii).

(iv) When deciding the scope, duration, level, and type of
restrictions, and specific location of a closure or quarantine, the
director shall consult with the agency, entity, owner, or operator
with jurisdiction, control, or management responsibility over the
marina, boat launch facility, or other facility, in order to focus the
closure or quarantine to specific areas and facilities so as to avoid
or minimize disruption of economic or recreational activity in the
vicinity.

(b) (1) Upon a determination by the director that it would further
the purposes of this section, other state agencies, including, but
not limited to, the Department of Parks and Recreation, the
Department of Water Resources, the Department of Food and
Agriculture, and the State Lands Commission, may exercise the
authority granted to the department in subdivision (a).

(2) A determination made pursuant to paragraph (1) shall be in
writing and shall remain in effect until withdrawn, in writing, by
the director.

(c) (1) Except as provided in paragraph (2), Division 13
(commencing with Section 21000) of the Public Resources Code
does not apply to the implementation of this section.

(2) An action undertaken pursuant to subparagraph (B) of
paragraph (2) of subdivision (a) involving the use of chemicals
other than salt or hot water to decontaminate a conveyance or a
facility is subject to Division 13 (commencing with Section 21000)
of the Public Resources Code.

(d) (1) A public or private agency that operates a water supply
system shall cooperate with the department to implement measures
to avoid infestation by dreissenid mussels and to control or
eradicate any infestation that may occur in a water supply system.
If dreissenid mussels are detected, the operator of the water supply
system, in cooperation with the department, shall prepare and
implement a plan to control or eradicate dreissenid mussels within
the system. The approved plan shall contain the following
minimum elements:

(A) Methods for delineation of infestation, including both adult
mussels and veligers.

(B) Methods for control or eradication of adult mussels and
decontamination of water containing larval mussels.

(C) A systematic monitoring program to determine any changes
in conditions.

(D) The requirement that the operator of the water supply system
permit inspections by the department as well as cooperate with the
department to update or revise control or eradication measures in
the approved plan to address scientific advances in the methods
of controlling or eradicating mussels and veligers.

(2) If the operator of water delivery and storage facilities for
public water supply purposes has prepared, initiated, and is in
compliance with all the elements of an approved plan to control
or eradicate dreissenid mussels in accordance with paragraph (1),
the requirements of subdivision (a) do not apply to the operation
of those water delivery and storage facilities, and the operator is
not subject to any civil or criminal liability for the introduction of
dreissenid mussel species as a result of those operations. The
department may require the operator of a facility to update its plan,
and if the plan is not updated or revised as described in
subparagraph (D) of paragraph (1), subdivision (a) shall apply to
the operation of the water delivery and storage facilities covered
by the plan until the operator updates or revises the plan and
initiates and complies with all of the elements of the updated or
revised plan.

(e) Any entity that discovers dreissenid mussels within this state
shall immediately report the discovery to the department.

(f) (1) In addition to any other penalty provided by law, any
person who violates this section, violates any verbal or written
order or regulation adopted pursuant to this section, or who resists,
delays, obstructs, or interferes with the implementation of this
section, is subject to a penalty, in an amount not to exceed one
thousand dollars ($1,000), that is imposed administratively by the
department.

(2) A penalty shall not be imposed pursuant to paragraph (1)
unless the department has adopted regulations specifying the
amount of the penalty and the procedure for imposing and
appealing the penalty.

(g) The department may adopt regulations to carry out this
section.

(h) Pursuant to Section 818.4 of the Government Code, the
department and any other state agency exercising authority under
this section shall not be liable with regard to any determination or
authorization made pursuant to this section.

(i) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

begin delete SEC. 119. end delete
begin insert SEC. 97. end insert   

Section 3862 of the Fish and Game Code is amended
to read:

3862.  

The Natural Resources Agency, in consultation with the
department, the Department of Food and Agriculture, the State
Department of Public Health, the Office of Emergency Services,
and the University of California, shall develop and implement a
plan for the surveillance, monitoring, sampling, diagnostic testing,
and reporting of avian influenza in wild birds and animals in the
state. The Natural Resources Agency shall consult with the United
States Fish and Wildlife Service and the United States Department
of Food and Agriculture in developing the plan.

begin delete SEC. 120. end delete
begin insert SEC. 98. end insert   

Section 3863 of the Fish and Game Code is amended
to read:

3863.  

(a) The Secretary of the Natural Resources Agency shall
formally establish the Avian Influenza Working Group to assist
in the development of the plan described in Section 3862. The
Avian Influenza Working Group shall utilize, as guidance for early
detection, the national protocol that has been developed to guide
states in developing state-specific plans, known as the Early
Detection System for Asian H5N1 Highly Pathogenic Avian
Influenza in Wild Migratory Birds. The Avian Influenza Working
Group shall also continue, enhance, and facilitate the work already
begun by the department, other state departments, and the
University of California, to coordinate communication of
information and response plans for highly pathogenic avian
influenza in wild birds.

(b) The Avian Influenza Working Group shall be composed of
all of the following members:

(1) The Secretary of the Natural Resources Agency, or a
designee.

(2) The director, or a designee.

(3) The Secretary of Food and Agriculture, or a designee.

(4) The State Public Health Officer, or a designee.

(5) The Director of Emergency Services, or a designee.

(6) One representative appointed by the Regents of the
University of California.

(7) Two representatives from a qualified research organization
or other qualified nongovernmental organization appointed by the
Secretary of the Natural Resources Agency.

(c) The director shall chair the Avian Influenza Working Group.

(d) A majority of the Avian Influenza Working Group shall
constitute a quorum for the transaction of business.

(e) The duties of the Avian Influenza Working Group shall
include all of the following:

(1) Developing strategies for the detection of, and response to,
the avian influenza virus in wild birds in California.

(2) Fostering communication among state and federal agencies
regarding the avian influenza surveillance program.

(3) Developing strategies for public outreach and education.

(f) The Avian Influenza Working Group may consult with other
public and nonprofit groups potentially affected by avian influenza
in wild birds.

begin delete SEC. 121. end delete
begin insert SEC. 99. end insert   

Section 3806 of the Food and Agricultural Code is
amended to read:

3806.  

For the purposes of Article 1 (commencing with Section
4101) of Chapter 6 of this part, “agency” means the Natural
Resources Agency.

begin delete SEC. 122. end delete
begin insert SEC. 100. end insert   

Section 4101.4 of the Food and Agricultural Code
is amended to read:

4101.4.  

(a) The Legislature finds and declares that the
operation of the California Science Center may require individual
skills not generally available in state civil service to support
specialized functions, such as exhibit maintenance, and educational
and guest services programs, including animal care and
horticulture.

(b) Notwithstanding any other provision of law, the California
Science Center may enter into a personal services contract or
contracts with the California Science Center Foundation without
a competitive bidding process. These contracts shall be subject to
approval by the Natural Resources Agency and the Department of
General Services and be subject to all state audit requirements.

begin delete SEC. 123. end delete
begin insert SEC. 101. end insert   

Section 11451.5 of the Food and Agricultural Code
is repealed.

begin delete SEC. 124. end delete
begin insert SEC. 102. end insert   

Section 58509 of the Food and Agricultural Code
is amended to read:

58509.  

(a) The Secretary of Food and Agriculture shall consult
with four food bank representatives, two from the northern portion
of the state, all of whom have been active members of a nationwide
network of food banks for a minimum of two years immediately
prior to appointment, and two from the southern portion of the
state, all of whom have been active members of a nationwide
network of food banks for a minimum of two years immediately
prior to appointment, and two food industry representatives, one
wholesaler and one manufacturer, all of whom shall be selected
by the Governor and referred to as the Food Bank Advisory
Committee.

(b) Members of the committee who are not state employees
shall be paid per diem for their actual expenses in attending
committee meetings.

(c) The committee shall do all of the following:

(1) Advise the Department of Food and Agriculture in the
establishment of new food banks.

(2) Advise in the adequate and efficient distribution of surplus
food commodities to all areas of the state.

begin delete SEC. 125. end delete
begin insert SEC. 103. end insert   

Section 179.7 of the Government Code is amended
to read:

179.7.  

(a) Notwithstanding Article 6 of the Emergency
Management Assistance Compact, as set forth in Section 179.5,
the state shall indemnify and make whole any officer or employee
who is a resident of California, or his or her heirs, if the officer or
employee is injured or killed in another state when rendering aid
pursuant to the compact, as if the act or acts occurred in California,
less any recovery obtained under the provisions of Article 6 of the
Emergency Management Assistance Compact.

(b) Local government or special district personnel who are
officially deployed under the provisions of the Emergency
Management Assistance Compact pursuant to an assignment of
the Office of Emergency Services shall be defended by the
Attorney General or other legal counsel provided by the state, and
shall be indemnified subject to the same conditions and limitations
applicable to state employees.

begin delete SEC. 126. end delete
begin insert SEC. 104. end insert   

Section 955.1 of the Government Code is amended
to read:

955.1.  

(a) The science of earthquake prediction is developing
rapidly and, although still largely in a research stage, these
predictions are now being initiated and are certain to continue into
the future. Administrative procedures exist within the Office of
Emergency Services to advise the Governor on the validity of
earthquake predictions. Numerous important actions can be taken
by state and local governments and special districts to protect life
and property in response to earthquake predictions and associated
warnings. It is the intent of this legislation to ensure that those
actions are taken in the public interest by government agencies
acting in a responsible manner without fear of consequent financial
liabilities.

(b) The Governor may, at his or her discretion, issue a warning
as to the existence of an earthquake or volcanic prediction
determined to have scientific validity. The state and its agencies
and employees shall not be liable for any injury resulting from the
issuance or nonissuance of a warning pursuant to this subdivision
or for any acts or omissions in fact gathering, evaluation, or other
activities leading up to the issuance or nonissuance of a warning.

(c) Public entities and public employees may, on the basis of a
warning issued pursuant to subdivision (b), take, or fail or refuse
to take, any action or execute or fail or refuse to execute any
earthquake or volcanic prediction response plan with relation to
the warning which is otherwise authorized by law. In taking, or
failing or refusing to take, such action, neither public entities nor
public employees shall be liable for any injuries caused thereby
or for any injuries resulting from the preparation of, or failure or
refusal to prepare, any earthquake hazard or damage prediction
maps, plans for evacuation of endangered areas, and other plan
elements.

(d) An earthquake or volcanic warning issued by the Governor
pursuant to subdivision (b) is a sufficient basis for a declaration
of a state of emergency or local emergency as defined by Section
8558. Public entities and public employees shall be immune from
liability in accordance with all immunity provisions applicable
during such state of emergency or local emergency.

begin delete SEC. 127. end delete
begin insert SEC. 105. end insert   

Section 3101 of the Government Code is amended
to read:

3101.  

For the purpose of this chapter the term “disaster service
worker” includes all public employees and all volunteers in any
disaster council or emergency organization accredited by the Office
of Emergency Services. The term “public employees” includes all
persons employed by the state or any county, city, city and county,
state agency or public district, excluding aliens legally employed.

begin delete SEC. 128. end delete
begin insert SEC. 106. end insert   

Section 3102 of the Government Code is amended
to read:

3102.  

(a) All disaster service workers shall, before they enter
upon the duties of their employment, take and subscribe to the
oath or affirmation required by this chapter.

(b) In the case of intermittent, temporary, emergency or
successive employments, then in the discretion of the employing
agency, an oath taken and subscribed as required by this chapter
shall be effective for the purposes of this chapter for all successive
periods of employment which commence within one calendar year
from the date of that subscription.

(c) Notwithstanding subdivision (b), the oath taken and
subscribed by a person who is a member of an emergency
organization sanctioned by a state agency or an accredited disaster
council, whose members are duly enrolled or registered with the
Office of Emergency Services, or any accredited disaster council
of any political subdivision, shall be effective for the period the
person remains a member with that organization.

begin delete

SEC. 129.  

Section 6253.4 of the Government Code is amended
to read:

6253.4.  

(a) Every agency may adopt regulations stating the
procedures to be followed when making its records available in
accordance with this section.

The following state and local bodies shall establish written
guidelines for accessibility of records. A copy of these guidelines
shall be posted in a conspicuous public place at the offices of these
bodies, and a copy of the guidelines shall be available upon request
free of charge to any person requesting that body’s records:

Bureau of Real Estate

Department of Motor Vehicles

Department of Consumer Affairs

Department of Corrections and Rehabilitation

Department of Corrections and Rehabilitation, Division of Youth
Authority

Department of Justice

Department of Insurance

Department of Business Oversight

Department of Managed Health Care

Secretary of State

State Air Resources Board

Department of Water Resources

Department of Parks and Recreation

San Francisco Bay Conservation and Development Commission

State Board of Equalization

State Department of Health Care Services

Employment Development Department

State Department of Public Health

State Department of Social Services

State Department of State Hospitals

State Department of Developmental Services

State Department of Alcohol and Drug Abuse

Office of Statewide Health Planning and Development

Public Employees’ Retirement System

Teachers’ Retirement Board

Transportation Agency

Department of Industrial Relations

Department of General Services

Department of Veterans Affairs

Public Utilities Commission

California Coastal Commission

State Water Resources Control Board

San Francisco Bay Area Rapid Transit District

All regional water quality control boards

Los Angeles County Air Pollution Control District

Bay Area Air Pollution Control District

Golden Gate Bridge, Highway and Transportation District

Department of Toxic Substances Control

Office of Environmental Health Hazard Assessment

(b) Guidelines and regulations adopted pursuant to this section
shall be consistent with all other sections of this chapter and shall
reflect the intention of the Legislature to make the records
accessible to the public. The guidelines and regulations adopted
pursuant to this section shall not operate to limit the hours public
records are open for inspection as prescribed in Section 6253.

SEC. 130.  

Section 6254 of the Government Code is amended
to read:

6254.  

Except as provided in Sections 6254.7 and 6254.13,
nothing in this chapter shall be construed to require disclosure of
records that are any of the following:

(a) Preliminary drafts, notes, or interagency or intra-agency
memoranda that are not retained by the public agency in the
ordinary course of business, if the public interest in withholding
those records clearly outweighs the public interest in disclosure.

(b) Records pertaining to pending litigation to which the public
agency is a party, or to claims made pursuant to Division 3.6
(commencing with Section 810), until the pending litigation or
claim has been finally adjudicated or otherwise settled.

(c) Personnel, medical, or similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy.

(d) Contained in or related to any of the following:

(1) Applications filed with any state agency responsible for the
regulation or supervision of the issuance of securities or of financial
institutions, including, but not limited to, banks, savings and loan
associations, industrial loan companies, credit unions, and
insurance companies.

(2) Examination, operating, or condition reports prepared by,
on behalf of, or for the use of, any state agency referred to in
paragraph (1).

(3) Preliminary drafts, notes, or interagency or intra-agency
communications prepared by, on behalf of, or for the use of, any
state agency referred to in paragraph (1).

(4) Information received in confidence by any state agency
referred to in paragraph (1).

(e) Geological and geophysical data, plant production data, and
similar information relating to utility systems development, or
market or crop reports, that are obtained in confidence from any
person.

(f) Records of complaints to, or investigations conducted by,
or records of intelligence information or security procedures of,
the office of the Attorney General and the Department of Justice,
the Office of Emergency Services, and any state or local police
agency, or any investigatory or security files compiled by any other
state or local police agency, or any investigatory or security files
compiled by any other state or local agency for correctional, law
enforcement, or licensing purposes. However, state and local law
enforcement agencies shall disclose the names and addresses of
persons involved in, or witnesses other than confidential informants
to, the incident, the description of any property involved, the date,
time, and location of the incident, all diagrams, statements of the
parties involved in the incident, the statements of all witnesses,
other than confidential informants, to the victims of an incident,
or an authorized representative thereof, an insurance carrier against
which a claim has been or might be made, and any person suffering
bodily injury or property damage or loss, as the result of the
incident caused by arson, burglary, fire, explosion, larceny,
robbery, carjacking, vandalism, vehicle theft, or a crime as defined
by subdivision (b) of Section 13951, unless the disclosure would
endanger the safety of a witness or other person involved in the
investigation, or unless disclosure would endanger the successful
completion of the investigation or a related investigation. However,
nothing in this division shall require the disclosure of that portion
of those investigative files that reflects the analysis or conclusions
of the investigating officer.

Customer lists provided to a state or local police agency by an
alarm or security company at the request of the agency shall be
construed to be records subject to this subdivision.

Notwithstanding any other provision of this subdivision, state
and local law enforcement agencies shall make public the following
information, except to the extent that disclosure of a particular
item of information would endanger the safety of a person involved
in an investigation or would endanger the successful completion
of the investigation or a related investigation:

(1) The full name and occupation of every individual arrested
by the agency, the individual’s physical description including date
of birth, color of eyes and hair, sex, height and weight, the time
and date of arrest, the time and date of booking, the location of
the arrest, the factual circumstances surrounding the arrest, the
amount of bail set, the time and manner of release or the location
where the individual is currently being held, and all charges the
individual is being held upon, including any outstanding warrants
from other jurisdictions and parole or probation holds.

(2) Subject to the restrictions imposed by Section 841.5 of the
Penal Code, the time, substance, and location of all complaints or
requests for assistance received by the agency and the time and
nature of the response thereto, including, to the extent the
information regarding crimes alleged or committed or any other
incident investigated is recorded, the time, date, and location of
occurrence, the time and date of the report, the name and age of
the victim, the factual circumstances surrounding the crime or
incident, and a general description of any injuries, property, or
weapons involved. The name of a victim of any crime defined by
Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a,
266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285,
286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83
of the November 7, 2006, statewide general election), 288.5, 288.7,
289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code may
be withheld at the victim’s request, or at the request of the victim’s
parent or guardian if the victim is a minor. When a person is the
victim of more than one crime, information disclosing that the
person is a victim of a crime defined in any of the sections of the
Penal Code set forth in this subdivision may be deleted at the
request of the victim, or the victim’s parent or guardian if the
victim is a minor, in making the report of the crime, or of any
crime or incident accompanying the crime, available to the public
in compliance with the requirements of this paragraph.

(3) Subject to the restrictions of Section 841.5 of the Penal Code
and this subdivision, the current address of every individual
arrested by the agency and the current address of the victim of a
crime, where the requester declares under penalty of perjury that
the request is made for a scholarly, journalistic, political, or
governmental purpose, or that the request is made for investigation
purposes by a licensed private investigator as described in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business
and Professions Code. However, the address of the victim of any
crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1,
265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a,
273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3 (as added by
Chapter 337 of the Statutes of 2006), 288.3 (as added by Section
6 of Proposition 83 of the November 7, 2006, statewide general
election), 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6
of the Penal Code shall remain confidential. Address information
obtained pursuant to this paragraph may not be used directly or
indirectly, or furnished to another, to sell a product or service to
any individual or group of individuals, and the requester shall
execute a declaration to that effect under penalty of perjury.
Nothing in this paragraph shall be construed to prohibit or limit a
scholarly, journalistic, political, or government use of address
information obtained pursuant to this paragraph.

(g) Test questions, scoring keys, and other examination data
used to administer a licensing examination, examination for
employment, or academic examination, except as provided for in
Chapter 3 (commencing with Section 99150) of Part 65 of Division
14 of Title 3 of the Education Code.

(h) The contents of real estate appraisals or engineering or
feasibility estimates and evaluations made for or by the state or
local agency relative to the acquisition of property, or to
prospective public supply and construction contracts, until all of
the property has been acquired or all of the contract agreement
obtained. However, the law of eminent domain shall not be affected
by this provision.

(i) Information required from any taxpayer in connection with
the collection of local taxes that is received in confidence and the
disclosure of the information to other persons would result in unfair
competitive disadvantage to the person supplying the information.

(j) Library circulation records kept for the purpose of identifying
the borrower of items available in libraries, and library and museum
materials made or acquired and presented solely for reference or
exhibition purposes. The exemption in this subdivision shall not
apply to records of fines imposed on the borrowers.

(k) Records, the disclosure of which is exempted or prohibited
pursuant to federal or state law, including, but not limited to,
provisions of the Evidence Code relating to privilege.

(l) Correspondence of and to the Governor or employees of the
Governor’s office or in the custody of or maintained by the
Governor’s Legal Affairs Secretary. However, public records shall
not be transferred to the custody of the Governor’s Legal Affairs
Secretary to evade the disclosure provisions of this chapter.

(m) In the custody of or maintained by the Legislative Counsel,
except those records in the public database maintained by the
Legislative Counsel that are described in Section 10248.

(n) Statements of personal worth or personal financial data
required by a licensing agency and filed by an applicant with the
licensing agency to establish his or her personal qualification for
the license, certificate, or permit applied for.

(o) Financial data contained in applications for financing under
Division 27 (commencing with Section 44500) of the Health and
Safety Code, where an authorized officer of the California Pollution
Control Financing Authority determines that disclosure of the
financial data would be competitively injurious to the applicant
and the data is required in order to obtain guarantees from the
United States Small Business Administration. The California
Pollution Control Financing Authority shall adopt rules for review
of individual requests for confidentiality under this section and for
making available to the public those portions of an application that
are subject to disclosure under this chapter.

(p) Records of state agencies related to activities governed by
Chapter 10.3 (commencing with Section 3512), Chapter 10.5
(commencing with Section 3525), and Chapter 12 (commencing
with Section 3560) of Division 4, that reveal a state agency’s
deliberative processes, impressions, evaluations, opinions,
recommendations, meeting minutes, research, work products,
theories, or strategy, or that provide instruction, advice, or training
to employees who do not have full collective bargaining and
representation rights under these chapters. Nothing in this
subdivision shall be construed to limit the disclosure duties of a
state agency with respect to any other records relating to the
activities governed by the employee relations acts referred to in
this subdivision.

(q) (1) Records of state agencies related to activities governed
by Article 2.6 (commencing with Section 14081), Article 2.8
(commencing with Section 14087.5), and Article 2.91
(commencing with Section 14089) of Chapter 7 of Part 3 of
Division 9 of the Welfare and Institutions Code, that reveal the
special negotiator’s deliberative processes, discussions,
communications, or any other portion of the negotiations with
providers of health care services, impressions, opinions,
recommendations, meeting minutes, research, work product,
theories, or strategy, or that provide instruction, advice, or training
to employees.

(2) Except for the portion of a contract containing the rates of
payment, contracts for inpatient services entered into pursuant to
these articles, on or after April 1, 1984, shall be open to inspection
one year after they are fully executed. If a contract for inpatient
services that is entered into prior to April 1, 1984, is amended on
or after April 1, 1984, the amendment, except for any portion
containing the rates of payment, shall be open to inspection one
year after it is fully executed. If the California Medical Assistance
Commission enters into contracts with health care providers for
other than inpatient hospital services, those contracts shall be open
to inspection one year after they are fully executed.

(3) Three years after a contract or amendment is open to
inspection under this subdivision, the portion of the contract or
amendment containing the rates of payment shall be open to
inspection.

(4) Notwithstanding any other law, the entire contract or
amendment shall be open to inspection by the Joint Legislative
Audit Committee and the Legislative Analyst’s Office. The
committee and that office shall maintain the confidentiality of the
contracts and amendments until the time a contract or amendment
is fully open to inspection by the public.

(r) Records of Native American graves, cemeteries, and sacred
places and records of Native American places, features, and objects
described in Sections 5097.9 and 5097.993 of the Public Resources
Code maintained by, or in the possession of, the Native American
Heritage Commission, another state agency, or a local agency.

(s) A final accreditation report of the Joint Commission on
Accreditation of Hospitals that has been transmitted to the State
Department of Health Care Services pursuant to subdivision (b)
of Section 1282 of the Health and Safety Code.

(t) Records of a local hospital district, formed pursuant to
Division 23 (commencing with Section 32000) of the Health and
Safety Code, or the records of a municipal hospital, formed
pursuant to Article 7 (commencing with Section 37600) or Article
8 (commencing with Section 37650) of Chapter 5 of Part 2 of
Division 3 of Title 4 of this code, that relate to any contract with
an insurer or nonprofit hospital service plan for inpatient or
outpatient services for alternative rates pursuant to Section 10133
of the Insurance Code. However, the record shall be open to
inspection within one year after the contract is fully executed.

(u) (1) Information contained in applications for licenses to
carry firearms issued pursuant to Section 26150, 26155, 26170,
or 26215 of the Penal Code by the sheriff of a county or the chief
or other head of a municipal police department that indicates when
or where the applicant is vulnerable to attack or that concerns the
applicant’s medical or psychological history or that of members
of his or her family.

(2) The home address and telephone number of prosecutors,
public defenders, peace officers, judges, court commissioners, and
magistrates that are set forth in applications for licenses to carry
firearms issued pursuant to Section 26150, 26155, 26170, or 26215
of the Penal Code by the sheriff of a county or the chief or other
head of a municipal police department.

(3) The home address and telephone number of prosecutors,
public defenders, peace officers, judges, court commissioners, and
magistrates that are set forth in licenses to carry firearms issued
pursuant to Section 26150, 26155, 26170, or 26215 of the Penal
Code by the sheriff of a county or the chief or other head of a
municipal police department.

(v) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Part 6.3 (commencing with Section
12695), Part 6.5 (commencing with Section 12700), Part 6.6
(commencing with Section 12739.5), and Part 6.7 (commencing
with Section 12739.70) of Division 2 of the Insurance Code, and
that reveal any of the following:

(A) The deliberative processes, discussions, communications,
or any other portion of the negotiations with entities contracting
or seeking to contract with the board, entities with which the board
is considering a contract, or entities with which the board is
considering or enters into any other arrangement under which the
board provides, receives, or arranges services or reimbursement.

(B) The impressions, opinions, recommendations, meeting
minutes, research, work product, theories, or strategy of the board
or its staff, or records that provide instructions, advice, or training
to employees.

(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.3
(commencing with Section 12695), Part 6.5 (commencing with
Section 12700), Part 6.6 (commencing with Section 12739.5), or
Part 6.7 (commencing with Section 12739.70) of Division 2 of the
Insurance Code, on or after July 1, 1991, shall be open to inspection
one year after their effective dates.

(B) If a contract that is entered into prior to July 1, 1991, is
amended on or after July 1, 1991, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after the effective date of the amendment.

(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.

(4) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (3).

(w) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Chapter 8 (commencing with
Section 10700) of Part 2 of Division 2 of the Insurance Code, and
that reveal the deliberative processes, discussions, communications,
or any other portion of the negotiations with health plans, or the
impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or records that provide instructions, advice, or training to
employees.

(2) Except for the portion of a contract that contains the rates
of payment, contracts for health coverage entered into pursuant to
Chapter 8 (commencing with Section 10700) of Part 2 of Division
2 of the Insurance Code, on or after January 1, 1993, shall be open
to inspection one year after they have been fully executed.

(3) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (2).

(x) Financial data contained in applications for registration, or
registration renewal, as a service contractor filed with the Director
of Consumer Affairs pursuant to Chapter 20 (commencing with
Section 9800) of Division 3 of the Business and Professions Code,
for the purpose of establishing the service contractor’s net worth,
or financial data regarding the funded accounts held in escrow for
service contracts held in force in this state by a service contractor.

(y) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Part 6.2 (commencing with Section
12693) or Part 6.4 (commencing with Section 12699.50) of
Division 2 of the Insurance Code, and that reveal any of the
following:

(A) The deliberative processes, discussions, communications,
or any other portion of the negotiations with entities contracting
or seeking to contract with the board, entities with which the board
is considering a contract, or entities with which the board is
considering or enters into any other arrangement under which the
board provides, receives, or arranges services or reimbursement.

(B) The impressions, opinions, recommendations, meeting
minutes, research, work product, theories, or strategy of the board
or its staff, or records that provide instructions, advice, or training
to employees.

(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.2
(commencing with Section 12693) or Part 6.4 (commencing with
Section 12699.50) of Division 2 of the Insurance Code, on or after
January 1, 1998, shall be open to inspection one year after their
effective dates.

(B) If a contract entered into pursuant to Part 6.2 (commencing
with Section 12693) or Part 6.4 (commencing with Section
12699.50) of Division 2 of the Insurance Code is amended, the
amendment shall be open to inspection one year after the effective
date of the amendment.

(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.

(4) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection
pursuant to paragraph (2) or (3).

(5) The exemption from disclosure provided pursuant to this
subdivision for the contracts, deliberative processes, discussions,
communications, negotiations, impressions, opinions,
recommendations, meeting minutes, research, work product,
theories, or strategy of the board or its staff shall also apply to the
contracts, deliberative processes, discussions, communications,
negotiations, impressions, opinions, recommendations, meeting
minutes, research, work product, theories, or strategy of applicants
pursuant to Part 6.4 (commencing with Section 12699.50) of
Division 2 of the Insurance Code.

(z) Records obtained pursuant to paragraph (2) of subdivision
(f) of Section 2891.1 of the Public Utilities Code.

(aa) A document prepared by or for a state or local agency that
assesses its vulnerability to terrorist attack or other criminal acts
intended to disrupt the public agency’s operations and that is for
distribution or consideration in a closed session.

(ab) Critical infrastructure information, as defined in Section
131(3) of Title 6 of the United States Code, that is voluntarily
submitted to the Office of Emergency Services for use by that
office, including the identity of the person who or entity that
voluntarily submitted the information. As used in this subdivision,
“voluntarily submitted” means submitted in the absence of the
office exercising any legal authority to compel access to or
submission of critical infrastructure information. This subdivision
shall not affect the status of information in the possession of any
other state or local governmental agency.

(ac) All information provided to the Secretary of State by a
person for the purpose of registration in the Advance Health Care
Directive Registry, except that those records shall be released at
the request of a health care provider, a public guardian, or the
registrant’s legal representative.

(ad) The following records of the State Compensation Insurance
Fund:

(1) Records related to claims pursuant to Chapter 1
(commencing with Section 3200) of Division 4 of the Labor Code,
to the extent that confidential medical information or other
individually identifiable information would be disclosed.

(2) Records related to the discussions, communications, or any
other portion of the negotiations with entities contracting or seeking
to contract with the fund, and any related deliberations.

(3) Records related to the impressions, opinions,
recommendations, meeting minutes of meetings or sessions that
are lawfully closed to the public, research, work product, theories,
or strategy of the fund or its staff, on the development of rates,
contracting strategy, underwriting, or competitive strategy pursuant
to the powers granted to the fund in Chapter 4 (commencing with
Section 11770) of Part 3 of Division 2 of the Insurance Code.

(4) Records obtained to provide workers’ compensation
insurance under Chapter 4 (commencing with Section 11770) of
Part 3 of Division 2 of the Insurance Code, including, but not
limited to, any medical claims information, policyholder
information provided that nothing in this paragraph shall be
interpreted to prevent an insurance agent or broker from obtaining
proprietary information or other information authorized by law to
be obtained by the agent or broker, and information on rates,
pricing, and claims handling received from brokers.

(5) (A) Records that are trade secrets pursuant to Section
6276.44, or Article 11 (commencing with Section 1060) of Chapter
4 of Division 8 of the Evidence Code, including without limitation,
instructions, advice, or training provided by the State Compensation
Insurance Fund to its board members, officers, and employees
regarding the fund’s special investigation unit, internal audit unit,
and informational security, marketing, rating, pricing, underwriting,
claims handling, audits, and collections.

(B) Notwithstanding subparagraph (A), the portions of records
containing trade secrets shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division
of Workers’ Compensation, and the Department of Insurance to
ensure compliance with applicable law.

(6) (A) Internal audits containing proprietary information and
the following records that are related to an internal audit:

(i) Personal papers and correspondence of any person providing
assistance to the fund when that person has requested in writing
that his or her papers and correspondence be kept private and
confidential. Those papers and correspondence shall become public
records if the written request is withdrawn, or upon order of the
fund.

(ii) Papers, correspondence, memoranda, or any substantive
information pertaining to any audit not completed or an internal
audit that contains proprietary information.

(B) Notwithstanding subparagraph (A), the portions of records
containing proprietary information, or any information specified
in subparagraph (A) shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division
of Workers’ Compensation, and the Department of Insurance to
ensure compliance with applicable law.

(7) (A) Except as provided in subparagraph (C), contracts
entered into pursuant to Chapter 4 (commencing with Section
11770) of Part 3 of Division 2 of the Insurance Code shall be open
to inspection one year after the contract has been fully executed.

(B) If a contract entered into pursuant to Chapter 4 (commencing
with Section 11770) of Part 3 of Division 2 of the Insurance Code
is amended, the amendment shall be open to inspection one year
after the amendment has been fully executed.

(C) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.

(D) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection
pursuant to this paragraph.

(E) This paragraph is not intended to apply to documents related
to contracts with public entities that are not otherwise expressly
confidential as to that public entity.

(F) For purposes of this paragraph, “fully executed” means the
point in time when all of the necessary parties to the contract have
signed the contract.

This section shall not prevent any agency from opening its
records concerning the administration of the agency to public
inspection, unless disclosure is otherwise prohibited by law.

This section shall not prevent any health facility from disclosing
to a certified bargaining agent relevant financing information
pursuant to Section 8 of the National Labor Relations Act (29
U.S.C. Sec. 158).

end delete

begin insert

begin insert SEC. 107. end insert   

end insert

begin insert Section 6254 of the end insert begin insert Government Code end insert begin insert , as amended
by Assembly Bill 82 of the 2013 end insert begin insert -14 Regular Session, is amended
to read: end insert

6254.  

Except as provided in Sections 6254.7 and 6254.13,
nothing in this chapter shall be construed to require disclosure of
records that are any of the following:

(a) Preliminary drafts, notes, or interagency or intra-agency
memoranda that are not retained by the public agency in the
ordinary course of business, if the public interest in withholding
those records clearly outweighs the public interest in disclosure.

(b) Records pertaining to pending litigation to which the public
agency is a party, or to claims made pursuant to Division 3.6
(commencing with Section 810), until the pending litigation or
claim has been finally adjudicated or otherwise settled.

(c) Personnel, medical, or similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy.

(d) Contained in or related to any of the following:

(1) Applications filed with any state agency responsible for the
regulation or supervision of the issuance of securities or of financial
institutions, including, but not limited to, banks, savings and loan
associations, industrial loan companies, credit unions, and
insurance companies.

(2) Examination, operating, or condition reports prepared by,
on behalf of, or for the use of, any state agency referred to in
paragraph (1).

(3) Preliminary drafts, notes, or interagency or intra-agency
communications prepared by, on behalf of, or for the use of, any
state agency referred to in paragraph (1).

(4) Information received in confidence by any state agency
referred to in paragraph (1).

(e) Geological and geophysical data, plant production data, and
similar information relating to utility systems development, or
market or crop reports, that are obtained in confidence from any
person.

(f) Records of complaints to, or investigations conducted by,
or records of intelligence information or security procedures of,
the office of the Attorney General and the Department of Justice,
the begin delete California Emergency Management Agency, end delete begin insert Office of
Emergency Services end insert and any state or local police agency, or any
investigatory or security files compiled by any other state or local
police agency, or any investigatory or security files compiled by
any other state or local agency for correctional, law enforcement,
or licensing purposes. However, state and local law enforcement
agencies shall disclose the names and addresses of persons involved
in, or witnesses other than confidential informants to, the incident,
the description of any property involved, the date, time, and
location of the incident, all diagrams, statements of the parties
involved in the incident, the statements of all witnesses, other than
confidential informants, to the victims of an incident, or an
authorized representative thereof, an insurance carrier against
which a claim has been or might be made, and any person suffering
bodily injury or property damage or loss, as the result of the
incident caused by arson, burglary, fire, explosion, larceny,
robbery, carjacking, vandalism, vehicle theft, or a crime as defined
by subdivision (b) of Section 13951, unless the disclosure would
endanger the safety of a witness or other person involved in the
investigation, or unless disclosure would endanger the successful
completion of the investigation or a related investigation. However,
nothing in this division shall require the disclosure of that portion
of those investigative files that reflects the analysis or conclusions
of the investigating officer.

Customer lists provided to a state or local police agency by an
alarm or security company at the request of the agency shall be
construed to be records subject to this subdivision.

Notwithstanding any other provision of this subdivision, state
and local law enforcement agencies shall make public the following
information, except to the extent that disclosure of a particular
item of information would endanger the safety of a person involved
in an investigation or would endanger the successful completion
of the investigation or a related investigation:

(1) The full name and occupation of every individual arrested
by the agency, the individual’s physical description including date
of birth, color of eyes and hair, sex, height and weight, the time
and date of arrest, the time and date of booking, the location of
the arrest, the factual circumstances surrounding the arrest, the
amount of bail set, the time and manner of release or the location
where the individual is currently being held, and all charges the
individual is being held upon, including any outstanding warrants
from other jurisdictions and parole or probation holds.

(2) Subject to the restrictions imposed by Section 841.5 of the
Penal Code, the time, substance, and location of all complaints or
requests for assistance received by the agency and the time and
nature of the response thereto, including, to the extent the
information regarding crimes alleged or committed or any other
incident investigated is recorded, the time, date, and location of
occurrence, the time and date of the report, the name and age of
the victim, the factual circumstances surrounding the crime or
incident, and a general description of any injuries, property, or
weapons involved. The name of a victim of any crime defined by
Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a,
266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285,
286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83
of the November 7, 2006, statewide general election), 288.5, 288.7,
289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code may
be withheld at the victim’s request, or at the request of the victim’s
parent or guardian if the victim is a minor. When a person is the
victim of more than one crime, information disclosing that the
person is a victim of a crime defined in any of the sections of the
Penal Code set forth in this subdivision may be deleted at the
request of the victim, or the victim’s parent or guardian if the
victim is a minor, in making the report of the crime, or of any
crime or incident accompanying the crime, available to the public
in compliance with the requirements of this paragraph.

(3) Subject to the restrictions of Section 841.5 of the Penal Code
and this subdivision, the current address of every individual
arrested by the agency and the current address of the victim of a
crime, where the requester declares under penalty of perjury that
the request is made for a scholarly, journalistic, political, or
governmental purpose, or that the request is made for investigation
purposes by a licensed private investigator as described in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business
and Professions Code. However, the address of the victim of any
crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1,
265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a,
273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3 (as added by
Chapter 337 of the Statutes of 2006), 288.3 (as added by Section
6 of Proposition 83 of the November 7, 2006, statewide general
election), 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6
of the Penal Code shall remain confidential. Address information
obtained pursuant to this paragraph may not be used directly or
indirectly, or furnished to another, to sell a product or service to
any individual or group of individuals, and the requester shall
execute a declaration to that effect under penalty of perjury.
Nothing in this paragraph shall be construed to prohibit or limit a
scholarly, journalistic, political, or government use of address
information obtained pursuant to this paragraph.

(g) Test questions, scoring keys, and other examination data
used to administer a licensing examination, examination for
employment, or academic examination, except as provided for in
Chapter 3 (commencing with Section 99150) of Part 65 of Division
14 of Title 3 of the Education Code.

(h) The contents of real estate appraisals or engineering or
feasibility estimates and evaluations made for or by the state or
local agency relative to the acquisition of property, or to
prospective public supply and construction contracts, until all of
the property has been acquired or all of the contract agreement
obtained. However, the law of eminent domain shall not be affected
by this provision.

(i) Information required from any taxpayer in connection with
the collection of local taxes that is received in confidence and the
disclosure of the information to other persons would result in unfair
competitive disadvantage to the person supplying the information.

(j) Library circulation records kept for the purpose of identifying
the borrower of items available in libraries, and library and museum
materials made or acquired and presented solely for reference or
exhibition purposes. The exemption in this subdivision shall not
apply to records of fines imposed on the borrowers.

(k) Records, the disclosure of which is exempted or prohibited
pursuant to federal or state law, including, but not limited to,
provisions of the Evidence Code relating to privilege.

(l) Correspondence of and to the Governor or employees of the
Governor’s office or in the custody of or maintained by the
Governor’s Legal Affairs Secretary. However, public records shall
not be transferred to the custody of the Governor’s Legal Affairs
Secretary to evade the disclosure provisions of this chapter.

(m) In the custody of or maintained by the Legislative Counsel,
except those records in the public database maintained by the
Legislative Counsel that are described in Section 10248.

(n) Statements of personal worth or personal financial data
required by a licensing agency and filed by an applicant with the
licensing agency to establish his or her personal qualification for
the license, certificate, or permit applied for.

(o) Financial data contained in applications for financing under
Division 27 (commencing with Section 44500) of the Health and
Safety Code, where an authorized officer of the California Pollution
Control Financing Authority determines that disclosure of the
financial data would be competitively injurious to the applicant
and the data is required in order to obtain guarantees from the
United States Small Business Administration. The California
Pollution Control Financing Authority shall adopt rules for review
of individual requests for confidentiality under this section and for
making available to the public those portions of an application that
are subject to disclosure under this chapter.

(p) Records of state agencies related to activities governed by
Chapter 10.3 (commencing with Section 3512), Chapter 10.5
(commencing with Section 3525), and Chapter 12 (commencing
with Section 3560) of Division 4, that reveal a state agency’s
deliberative processes, impressions, evaluations, opinions,
recommendations, meeting minutes, research, work products,
theories, or strategy, or that provide instruction, advice, or training
to employees who do not have full collective bargaining and
representation rights under these chapters. Nothing in this
subdivision shall be construed to limit the disclosure duties of a
state agency with respect to any other records relating to the
activities governed by the employee relations acts referred to in
this subdivision.

(q) (1) Records of state agencies related to activities governed
by Article 2.6 (commencing with Section 14081), Article 2.8
(commencing with Section 14087.5), and Article 2.91
(commencing with Section 14089) of Chapter 7 of Part 3 of
Division 9 of the Welfare and Institutions Code, that reveal the
special negotiator’s deliberative processes, discussions,
communications, or any other portion of the negotiations with
providers of health care services, impressions, opinions,
recommendations, meeting minutes, research, work product,
theories, or strategy, or that provide instruction, advice, or training
to employees.

(2) Except for the portion of a contract containing the rates of
payment, contracts for inpatient services entered into pursuant to
these articles, on or after April 1, 1984, shall be open to inspection
one year after they are fully executed. If a contract for inpatient
services that is entered into prior to April 1, 1984, is amended on
or after April 1, 1984, the amendment, except for any portion
containing the rates of payment, shall be open to inspection one
year after it is fully executed. If the California Medical Assistance
Commission enters into contracts with health care providers for
other than inpatient hospital services, those contracts shall be open
to inspection one year after they are fully executed.

(3) Three years after a contract or amendment is open to
inspection under this subdivision, the portion of the contract or
amendment containing the rates of payment shall be open to
inspection.

(4) Notwithstanding any other provision of law, the entire
contract or amendment shall be open to inspection by the Joint
Legislative Audit Committee and the Legislative Analyst’s Office.
The committee and that office shall maintain the confidentiality
of the contracts and amendments until the time a contract or
amendment is fully open to inspection by the public.

(r) Records of Native American graves, cemeteries, and sacred
places and records of Native American places, features, and objects
described in Sections 5097.9 and 5097.993 of the Public Resources
Code maintained by, or in the possession of, the Native American
Heritage Commission, another state agency, or a local agency.

(s) A final accreditation report of the Joint Commission on
Accreditation of Hospitals that has been transmitted to the State
Department of Health Care Services pursuant to subdivision (b)
of Section 1282 of the Health and Safety Code.

(t) Records of a local hospital district, formed pursuant to
Division 23 (commencing with Section 32000) of the Health and
Safety Code, or the records of a municipal hospital, formed
pursuant to Article 7 (commencing with Section 37600) or Article
8 (commencing with Section 37650) of Chapter 5 of Part 2 of
Division 3 of Title 4 of this code, that relate to any contract with
an insurer or nonprofit hospital service plan for inpatient or
outpatient services for alternative rates pursuant to Section 10133
of the Insurance Code. However, the record shall be open to
inspection within one year after the contract is fully executed.

(u) (1) Information contained in applications for licenses to
carry firearms issued pursuant to Section 26150, 26155, 26170,
or 26215 of the Penal Code by the sheriff of a county or the chief
or other head of a municipal police department that indicates when
or where the applicant is vulnerable to attack or that concerns the
applicant’s medical or psychological history or that of members
of his or her family.

(2) The home address and telephone number of prosecutors,
public defenders, peace officers, judges, court commissioners, and
magistrates that are set forth in applications for licenses to carry
firearms issued pursuant to Section 26150, 26155, 26170, or 26215
of the Penal Code by the sheriff of a county or the chief or other
head of a municipal police department.

(3) The home address and telephone number of prosecutors,
public defenders, peace officers, judges, court commissioners, and
magistrates that are set forth in licenses to carry firearms issued
pursuant to Section 26150, 26155, 26170, or 26215 of the Penal
Code by the sheriff of a county or the chief or other head of a
municipal police department.

(v) (1) Records of the Managed Risk Medical Insurance Board
and the State Department of Health Care Services related to
activities governed by Part 6.3 (commencing with Section 12695),
Part 6.5 (commencing with Section 12700), Part 6.6 (commencing
with Section 12739.5), and Part 6.7 (commencing with Section
12739.70) of Division 2 of the Insurance Code, and Chapter 2
(commencing with Section 15850) of Part 3.3 of Division 9 of the
Welfare and Institutions Code, and that reveal any of the following:

(A) The deliberative processes, discussions, communications,
or any other portion of the negotiations with entities contracting
or seeking to contract with the board or the department, entities
with which the board or the department is considering a contract,
or entities with which the board is considering or enters into any
other arrangement under which the board or the department
provides, receives, or arranges services or reimbursement.

(B) The impressions, opinions, recommendations, meeting
minutes, research, work product, theories, or strategy of the board
or its staff or the department or its staff, or records that provide
instructions, advice, or training to their employees.

(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.3
(commencing with Section 12695), Part 6.5 (commencing with
Section 12700), Part 6.6 (commencing with Section 12739.5), or
Part 6.7 (commencing with Section 12739.70) of Division 2 of the
Insurance Code, or Chapter 2.2 (commencing with Section 15850)
of Part 3.3 of Division 9 of the Welfare and Institutions Code, on
or after July 1, 1991, shall be open to inspection one year after
their effective dates.

(B) If a contract that is entered into prior to July 1, 1991, is
amended on or after July 1, 1991, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after the effective date of the amendment.

(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.

(4) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (3).

(w) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Chapter 8 (commencing with
Section 10700) of Part 2 of Division 2 of the Insurance Code, and
that reveal the deliberative processes, discussions, communications,
or any other portion of the negotiations with health plans, or the
impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or records that provide instructions, advice, or training to
employees.

(2) Except for the portion of a contract that contains the rates
of payment, contracts for health coverage entered into pursuant to
Chapter 8 (commencing with Section 10700) of Part 2 of Division
2 of the Insurance Code, on or after January 1, 1993, shall be open
to inspection one year after they have been fully executed.

(3) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (2).

(x) Financial data contained in applications for registration, or
registration renewal, as a service contractor filed with the Director
of Consumer Affairs pursuant to Chapter 20 (commencing with
Section 9800) of Division 3 of the Business and Professions Code,
for the purpose of establishing the service contractor’s net worth,
or financial data regarding the funded accounts held in escrow for
service contracts held in force in this state by a service contractor.

(y) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Part 6.2 (commencing with Section
12693) or Part 6.4 (commencing with Section 12699.50) of
Division 2 of the Insurance Code, and that reveal any of the
following:

(A) The deliberative processes, discussions, communications,
or any other portion of the negotiations with entities contracting
or seeking to contract with the board, entities with which the board
is considering a contract, or entities with which the board is
considering or enters into any other arrangement under which the
board provides, receives, or arranges services or reimbursement.

(B) The impressions, opinions, recommendations, meeting
minutes, research, work product, theories, or strategy of the board
or its staff, or records that provide instructions, advice, or training
to employees.

(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.2
(commencing with Section 12693) or Part 6.4 (commencing with
Section 12699.50) of Division 2 of the Insurance Code, on or after
January 1, 1998, shall be open to inspection one year after their
effective dates.

(B) If a contract entered into pursuant to Part 6.2 (commencing
with Section 12693) or Part 6.4 (commencing with Section
12699.50) of Division 2 of the Insurance Code is amended, the
amendment shall be open to inspection one year after the effective
date of the amendment.

(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.

(4) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection
pursuant to paragraph (2) or (3).

(5) The exemption from disclosure provided pursuant to this
subdivision for the contracts, deliberative processes, discussions,
communications, negotiations, impressions, opinions,
recommendations, meeting minutes, research, work product,
theories, or strategy of the board or its staff shall also apply to the
contracts, deliberative processes, discussions, communications,
negotiations, impressions, opinions, recommendations, meeting
minutes, research, work product, theories, or strategy of applicants
pursuant to Part 6.4 (commencing with Section 12699.50) of
Division 2 of the Insurance Code.

(z) Records obtained pursuant to paragraph (2) of subdivision
(f) of Section 2891.1 of the Public Utilities Code.

(aa) A document prepared by or for a state or local agency that
assesses its vulnerability to terrorist attack or other criminal acts
intended to disrupt the public agency’s operations and that is for
distribution or consideration in a closed session.

(ab) Critical infrastructure information, as defined in Section
131(3) of Title 6 of the United States Code, that is voluntarily
submitted to the California Emergency Management Agency for
use by that office, including the identity of the person who or entity
that voluntarily submitted the information. As used in this
subdivision, “voluntarily submitted” means submitted in the
absence of the office exercising any legal authority to compel
access to or submission of critical infrastructure information. This
subdivision shall not affect the status of information in the
possession of any other state or local governmental agency.

(ac) All information provided to the Secretary of State by a
person for the purpose of registration in the Advance Health Care
Directive Registry, except that those records shall be released at
the request of a health care provider, a public guardian, or the
registrant’s legal representative.

(ad) The following records of the State Compensation Insurance
Fund:

(1) Records related to claims pursuant to Chapter 1
(commencing with Section 3200) of Division 4 of the Labor Code,
to the extent that confidential medical information or other
individually identifiable information would be disclosed.

(2) Records related to the discussions, communications, or any
other portion of the negotiations with entities contracting or seeking
to contract with the fund, and any related deliberations.

(3) Records related to the impressions, opinions,
recommendations, meeting minutes of meetings or sessions that
are lawfully closed to the public, research, work product, theories,
or strategy of the fund or its staff, on the development of rates,
contracting strategy, underwriting, or competitive strategy pursuant
to the powers granted to the fund in Chapter 4 (commencing with
Section 11770) of Part 3 of Division 2 of the Insurance Code.

(4) Records obtained to provide workers’ compensation
insurance under Chapter 4 (commencing with Section 11770) of
Part 3 of Division 2 of the Insurance Code, including, but not
limited to, any medical claims information, policyholder
information provided that nothing in this paragraph shall be
interpreted to prevent an insurance agent or broker from obtaining
proprietary information or other information authorized by law to
be obtained by the agent or broker, and information on rates,
pricing, and claims handling received from brokers.

(5) (A) Records that are trade secrets pursuant to Section
6276.44, or Article 11 (commencing with Section 1060) of Chapter
4 of Division 8 of the Evidence Code, including without limitation,
instructions, advice, or training provided by the State Compensation
Insurance Fund to its board members, officers, and employees
regarding the fund’s special investigation unit, internal audit unit,
and informational security, marketing, rating, pricing, underwriting,
claims handling, audits, and collections.

(B) Notwithstanding subparagraph (A), the portions of records
containing trade secrets shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division
of Workers’ Compensation, and the Department of Insurance to
ensure compliance with applicable law.

(6) (A) Internal audits containing proprietary information and
the following records that are related to an internal audit:

(i) Personal papers and correspondence of any person providing
assistance to the fund when that person has requested in writing
that his or her papers and correspondence be kept private and
confidential. Those papers and correspondence shall become public
records if the written request is withdrawn, or upon order of the
fund.

(ii) Papers, correspondence, memoranda, or any substantive
information pertaining to any audit not completed or an internal
audit that contains proprietary information.

(B) Notwithstanding subparagraph (A), the portions of records
containing proprietary information, or any information specified
in subparagraph (A) shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division
of Workers’ Compensation, and the Department of Insurance to
ensure compliance with applicable law.

(7) (A) Except as provided in subparagraph (C), contracts
entered into pursuant to Chapter 4 (commencing with Section
11770) of Part 3 of Division 2 of the Insurance Code shall be open
to inspection one year after the contract has been fully executed.

(B) If a contract entered into pursuant to Chapter 4 (commencing
with Section 11770) of Part 3 of Division 2 of the Insurance Code
is amended, the amendment shall be open to inspection one year
after the amendment has been fully executed.

(C) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.

(D) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection
pursuant to this paragraph.

(E) This paragraph is not intended to apply to documents related
to contracts with public entities that are not otherwise expressly
confidential as to that public entity.

(F) For purposes of this paragraph, “fully executed” means the
point in time when all of the necessary parties to the contract have
signed the contract.

This section shall not prevent any agency from opening its
records concerning the administration of the agency to public
inspection, unless disclosure is otherwise prohibited by law.

This section shall not prevent any health facility from disclosing
to a certified bargaining agent relevant financing information
pursuant to Section 8 of the National Labor Relations Act (29
U.S.C. Sec. 158).

begin delete SEC. 131. end delete
begin insert SEC. 108. end insert   

Section 6254.23 of the Government Code is amended
to read:

6254.23.  

Nothing in this chapter or any other provision of law
shall require the disclosure of a risk assessment or railroad
infrastructure protection program filed with the Public Utilities
Commission, the Director of Homeland Security, and the Office
of Emergency Services pursuant to Article 7.3 (commencing with
Section 7665) of Chapter 1 of Division 4 of the Public Utilities
Code.

begin delete SEC. 132. end delete
begin insert SEC. 109. end insert   

Section 6276.26 of the Government Code is amended
to read:

6276.26.  

Improper governmental activities reporting,
confidentiality of identity of person providing information, Section
8547.5.

Improper governmental activities reporting, disclosure of
information, Section 8547.6.

Industrial loan companies, confidentiality of financial
information, Section 18496, Financial Code.

Industrial loan companies, confidentiality of investigation and
examination reports, Section 18394, Financial Code.

Influenza vaccine, trade secret information and information
relating to recipient of vaccine, Section 120155, Health and Safety
Code.

In forma pauperis litigant, rules governing confidentiality of
financial information, Section 68511.3.

Infrastructure information, exemption from disclosure for
information voluntarily submitted to the Office of Emergency
Services, subdivision (ab), Section 6254.

In-Home Supportive Services Program, exemption from
disclosure for information regarding persons paid by the state to
provide in-home supportive services, Section 6253.2.

Initiative, referendum, recall, and other petitions, confidentiality
of names of signers, Section 6253.5.

Insurance claims analysis, confidentiality of information, Section
1875.16, Insurance Code.

Insurance Commissioner, confidential information, Sections
735.5, 1067.11, 1077.3, and 12919, Insurance Code.

Insurance Commissioner, informal conciliation of complaints,
confidential communications, Section 1858.02, Insurance Code.

Insurance Commissioner, information from examination or
investigation, confidentiality of, Sections 1215.7, 1433, and 1759.3,
Insurance Code.

Insurance Commissioner, writings filed with nondisclosure,
Section 855, Insurance Code.

Insurance fraud reporting, information acquired not part of public
record, Section 1873.1, Insurance Code.

Insurance licensee, confidential information, Section 1666.5,
Insurance Code.

Insurer application information, confidentiality of, Section 925.3,
Insurance Code.

Insurer financial analysis ratios and examination synopses,
confidentiality of, Section 933, Insurance Code.

Department of Resources Recycling and Recovery information,
prohibition against disclosure, Section 45982, Revenue and
Taxation Code.

International wills, confidentiality of registration information
filed with the Secretary of State, Section 6389, Probate Code.

Intervention in regulatory and ratemaking proceedings, audit of
customer seeking and award, Section 1804, Public Utilities Code.

Investigation and security records, exemption from disclosure
for records of the Attorney General, the Department of Justice, the
Office of Emergency Services, and state and local police agencies,
subdivision (f), Section 6254.

Investigative consumer reporting agency, limitations on
furnishing an investigative consumer report, Section 1786.12, Civil
Code.

begin delete SEC. 133. end delete
begin insert SEC. 110. end insert   

Section 6276.38 of the Government Code is amended
to read:

6276.38.  

Radioactive materials, dissemination of information
about transportation of, Section 33002, Vehicle Code.

Railroad infrastructure protection program, disclosure not
required for risk assessments filed with the Public Utilities
Commission, the Director of Emergency Services, or the Office
of Emergency Services, Section 6254.23.

Real estate broker, annual report to Bureau of Real Estate of
financial information, confidentiality of, Section 10232.2, Business
and Professions Code.

Real property, acquisition by state or local government,
information relating to feasibility, subdivision (h), Section 6254.

Real property, change in ownership statement, confidentiality
of, Section 27280.

Records of contract purchasers, inspection by public prohibited,
Section 85, Military and Veterans Code.

Registered public obligations, inspection of records of security
interests in, Section 5060.

Registration of exempt vehicles, nondisclosure of name of person
involved in alleged violation, Section 5003, Vehicle Code.

Rehabilitation, Department of, confidential information, Section
19016, Welfare and Institutions Code.

Reinsurance intermediary-broker license information,
confidentiality of, Section 1781.3, Insurance Code.

Relocation assistance, confidential records submitted to a public
entity by a business or farm operation, Section 7262.

Rent control ordinance, confidentiality of information concerning
accommodations sought to be withdrawn from, Section 7060.4.

Report of probation officer, inspection, copies, Section 1203.05,
Penal Code.

Repossession agency licensee application, confidentiality of
information, Sections 7503, 7504, and 7506.5, Business and
Professions Code.

Reproductive health facilities, disclosure not required for
personal information regarding employees, volunteers, board
members, owners, partners, officers, and contractors of a
reproductive health services facility who have provided requisite
notification, Section 6254.18.

Residence address in any record of Department of Housing and
Community Development, confidentiality of, Section 6254.1.

Residence address in any record of Department of Motor
Vehicles, confidentiality of, Section 6254.1, Government Code,
and Section 1808.21, Vehicle Code.

Residence and mailing addresses in records of Department of
Motor Vehicles, confidentiality of, Section 1810.7, Vehicle Code.

Residential care facilities, confidentiality of resident information,
Section 1568.08, Health and Safety Code.

Residential care facilities for the elderly, confidentiality of client
information, Section 1569.315, Health and Safety Code.

Respiratory care practitioner, professional competency
examination reports, confidentiality of, Section 3756, Business
and Professions Code.

Restraint of trade, civil action by district attorney, confidential
memorandum, Section 16750, Business and Professions Code.

Reward by governor for information leading to arrest and
conviction, confidentiality of person supplying information, Section
1547, Penal Code.

Safe surrender site, confidentiality of information pertaining to
a parent or individual surrendering a child, Section 1255.7, Health
and Safety Code.

begin delete SEC. 134. end delete
begin insert SEC. 111. end insert   

Section 7465 of the Government Code is amended
to read:

7465.  

For the purposes of this chapter:

(a) The term “financial institution” includes state and national
banks, state and federal savings associations, trust companies,
industrial loan companies, and state and federal credit unions. Such
term shall not include a title insurer while engaging in the conduct
of the “business of title insurance” as defined by Section 12340.3
of the Insurance Code, an underwritten title company, or an escrow
company.

(b) The term “financial records” means any original or any copy
of any record or document held by a financial institution pertaining
to a customer of the financial institution.

(c) The term “person” means an individual, partnership,
corporation, limited liability company, association, trust or any
other legal entity.

(d) The term “customer” means any person who has transacted
business with or has used the services of a financial institution or
for whom a financial institution has acted as a fiduciary.

(e) The term “state agency” means every state office, officer,
department, division, bureau, board, and commission or other state
agency, including the Legislature.

(f) The term “local agency” includes a county; city, whether
general law or chartered; city and county; school district; municipal
corporation; district; political subdivision; or any board,
commission or agency thereof; or other local public agency.

(g) The term “supervisory agency” means any of the following:

(1) The Department of Financial Institutions.

(2) The Controller.

(3) The Administrator of Local Agency Security.

(4) The Bureau of Real Estate.

(5) The Department of Insurance.

(h) The term “investigation” includes, but is not limited to, any
inquiry by a peace officer, sheriff, or district attorney, or any
inquiry made for the purpose of determining whether there has
been a violation of any law enforceable by imprisonment, fine, or
monetary liability.

(i) The term “subpoena” includes subpoena duces tecum.

begin delete SEC. 135. end delete
begin insert SEC. 112. end insert   

Section 8550 of the Government Code is amended
to read:

8550.  

The state has long recognized its responsibility to
mitigate the effects of natural, manmade, or war-caused
emergencies that result in conditions of disaster or in extreme peril
to life, property, and the resources of the state, and generally to
protect the health and safety and preserve the lives and property
of the people of the state. To ensure that preparations within the
state will be adequate to deal with such emergencies, it is hereby
found and declared to be necessary:

(a) To confer upon the Governor and upon the chief executives
and governing bodies of political subdivisions of this state the
emergency powers provided herein; and to provide for state
assistance in the organization and maintenance of the emergency
programs of such political subdivisions.

(b) To provide for a state office to be known and referred to as
the Office of Emergency Services, within the office of the
Governor, and to prescribe the powers and duties of the director
of that office.

(c) To provide for the assignment of functions to state entities
to be performed during an emergency and for the coordination and
direction of the emergency actions of those entities.

(d) To provide for the rendering of mutual aid by the state
government and all its departments and agencies and by the
political subdivisions of this state in carrying out the purposes of
this chapter.

(e) To authorize the establishment of such organizations and
the taking of such actions as are necessary and proper to carry out
the provisions of this chapter.

It is further declared to be the purpose of this chapter and the
policy of this state that all emergency services functions of this
state be coordinated as far as possible with the comparable
functions of its political subdivisions, of the federal government
including its various departments and agencies, of other states,
and of private agencies of every type, to the end that the most
effective use may be made of all manpower, resources, and
facilities for dealing with any emergency that may occur.

begin delete SEC. 136. end delete
begin insert SEC. 113. end insert   

Section 8570.5 of the Government Code is amended
to read:

8570.5.  

The Office of Emergency Services shall develop a
guidance document to the state emergency plan to specify the
response of the state and its political subdivisions to
agriculture-related disasters. This document shall be completed
by January 2002, and updated by January 2009, and shall include,
but not be limited to, all of the following:

(a) The roles and responsibilities of the county agricultural
commissioners.

(b) The roles and responsibilities of the Department of
Agriculture and other relevant state agencies that are involved in
the response to agriculture-related disasters.

(c) Coordination of initial and ongoing crop damage
assessments.

(d) Disaster assistance between the time of the request for a
federal disaster declaration and issuance of a federal declaration.

(e) State assistance available if a requested federal declaration
is not issued.

(f) State assistance under a United States Department of
Agriculture designation rather than a federal declaration.

(g) State assistance for long-term unemployment in areas with
high unemployment rates prior to an emergency.

(h) Provision for the removal and elimination of extraordinary
numbers of dead livestock for purposes of protecting public health
and safety.

(i) Strategies to assist in the development of an integrated and
coordinated response by community-based organizations to the
victims of agriculture-related disasters.

(j) Procedures for the decontamination of individuals who have
been or may have been exposed to hazardous materials, which
may vary depending on the hazards posed by a particular hazardous
material. The report shall specify that individuals shall be assisted
in a humanitarian manner.

(k) Integration of various local and state emergency response
plans, including, but not limited to, plans that relate to hazardous
materials, oil spills, public health emergencies, and general
disasters.

begin delete SEC. 137. end delete
begin insert SEC. 114. end insert   

Section 8574.17 of the Government Code is amended
to read:

8574.17.  

(a) (1) A state toxic disaster contingency plan
established pursuant to this article shall provide for an integrated
and effective state procedure to respond to the occurrence of toxic
disasters within the state. The plan shall provide for the designation
of a lead agency to direct strategy to ameliorate the effects of a
toxic disaster, for specified state agencies to implement the plan,
for interagency coordination of the training conducted by state
agencies pursuant to the plan, and for on-scene coordination of
response actions.

(2) Notwithstanding any provision of the plan, the authority for
the management of the scene of an on-highway toxic spill or
disaster shall be vested in the appropriate law enforcement agency
having primary traffic investigative authority on the highway where
the incident occurs or in a local fire protection agency as provided
by Section 2454 of the Vehicle Code. During the preparation of
the toxic disaster contingency plan, the Office of Emergency
Services shall adopt the recommendations of the Department of
the California Highway Patrol in developing response and on-scene
procedures for toxic disasters which occur upon the highways,
based upon previous studies for such procedures, insofar as the
procedures are not inconsistent with the overall plan for initial
notification of toxic disasters by public agencies and for
after-incident evaluation and reporting.

(b) The Office of Emergency Services shall establish a central
notification and reporting system to facilitate operation of the state
toxic disaster response procedures designated by the toxic disaster
contingency plan.

begin delete SEC. 138. end delete
begin insert SEC. 115. end insert   

Section 8574.20 of the Government Code is amended
to read:

8574.20.  

The Office of Emergency Services shall manage the
California Hazardous Substances Incident Response Training and
Education Program to provide approved classes in hazardous
substance response, taught by trained instructors, and to certify
students who have completed these classes. To carry out this
program, the Office of Emergency Services shall do all of the
following:

(a) Adopt regulations necessary to implement the program.

(b) Establish a training and education program by developing
the curriculum to be used in the program in colleges, academies,
the California Specialized Training Institute, and other educational
institutions, as specified in Section 8574.21.

(c) Establish recommended minimum standards for training
emergency response personnel and instructors, including, but not
limited to, fire, police, and environmental health personnel.

(d) Make available a training and education program in the use
of hazardous substances emergency rescue, safety, and monitoring
equipment, on a voluntary basis, at the California Specialized
Training Institute.

(e) Train and certify instructors at the California Specialized
Training Institute according to standards and procedures developed
by the curriculum development advisory committee, as specified
in Section 8588.10.

(f) Approve classes, as meeting the requirements of the program,
if the classes meet the curriculum developed by the Office of
Emergency Services pursuant to Section 8574.21 and the instructor
received training and certification at the California Specialized
Training Institute, as specified in subdivision (e).

(g) Certify students who have successfully completed a class
approved as meeting the requirements of the program.

(h) Review and revise, as necessary, the program.

(i) Establish and collect admission fees and other fees that may
be necessary to be charged for advanced or specialized training
given at the California Specialized Training Institute. These fees
shall be used to offset costs incurred pursuant to this article.

begin delete SEC. 139. end delete
begin insert SEC. 116. end insert   

Section 8574.21 of the Government Code is amended
to read:

8574.21.  

(a) The Office of Emergency Services shall develop
the curriculum to be used in classes that meet the program
requirements and shall adopt standards and procedures for training
instructors at the California Specialized Training Institute.

(b) The curriculum for the training and education program
established pursuant to this article shall include all of the following
aspects of hazardous substance incident response actions:

(1) First responder training.

(2) On-scene manager training.

(3) Hazardous substance incident response training for
management personnel.

(4) Hazardous materials specialist training that equals or exceeds
the standards of the National Fire Protection Association.

(5) Environmental monitoring.

(6) Hazardous substance release investigations.

(7) Hazardous substance incident response activities at ports.

(c) The curriculum development advisory committee described
in Section 8588.10 shall advise the Office of Emergency Services
on the development of course curricula and the standards and
procedures specified in subdivision (a). In advising the Office of
Emergency Services, the committee shall do the following:

(1) Assist, and cooperate with, representatives of the Board of
Governors of the California Community Colleges in developing
the course curricula.

(2) Ensure that the curriculum developed pursuant to this section
is accredited by the State Board of Fire Services.

(3) Define equivalent training and experience considered as
meeting the initial training requirements as specified in subdivision
(a) that existing employees might have already received from actual
experience or formal education undertaken, and which would
qualify as meeting the requirements established pursuant to this
article.

(d) This article does not affect the authority of the State Fire
Marshal granted pursuant to Section 13142.4 or 13159 of the
Health and Safety Code.

(e) Upon completion of instructor training and certification
pursuant to subdivision (e) of Section 8574.20 by any employee
of the Department of the California Highway Patrol, the
Commissioner of the California Highway Patrol may deem any
training programs taught by that employee to be equivalent to any
training program meeting the requirements established pursuant
to this article.

begin delete SEC. 140. end delete
begin insert SEC. 117. end insert   

Section 8574.22 of the Government Code is amended
to read:

8574.22.  

The Office of Emergency Services may hire
professional and clerical staff pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5 of
Title 2). However, any person employed pursuant to this section
shall be employed only at the California Specialized Training
Institute.

begin delete SEC. 141. end delete
begin insert SEC. 118. end insert   

Section 8575 of the Government Code is amended
to read:

8575.  

For the purposes of the California Disaster and Civil
Defense Master Mutual Aid Agreement, the Office of Emergency
Services will serve as the State Disaster Council.

begin delete SEC. 142. end delete
begin insert SEC. 119. end insert   

Section 8584.1 of the Government Code is amended
to read:

8584.1.  

(a) It is the intent of the Legislature that the state have
an urban heavy rescue capability in the event of a major earthquake.
It is also the intent of the Legislature that the Office of Emergency
Services and the State Fire Marshal’s Office pursue the necessary
funding to carry out this article through the normal budget process.

(b) The Fire and Rescue Division of the Office of Emergency
Services shall acquire and maintain urban heavy rescue units and
transportable caches of search and rescue gear, including hand
tools and protective gear. The division shall position the units and
caches to ensure a rapid response of personnel and equipment
anywhere in the state, and ensure that a unit will be available on
the scene within one hour of a major earthquake.

(c) The State Fire Marshal’s Office shall coordinate the training
of personnel in the use of the units and equipment in cooperation
with the Office of Emergency Services.

begin delete SEC. 143. end delete
begin insert SEC. 120. end insert   

Section 8585 of the Government Code is amended
to read:

8585.  

(a) (1) There is in state government, within the office
of the Governor, the Office of Emergency Services. The Office of
Emergency Services shall be under the supervision of the Director
of Emergency Services, who shall have all rights and powers of a
head of an office as provided by this code, and shall be referred
to as the Director of Emergency Services.

(2) Unless the context clearly requires otherwise, whenever the
term “California Emergency Management Agency” appears in any
statute, regulation, or contract, or in any other code, it shall be
construed to refer to the Office of Emergency Services, and
whenever the term “Secretary of Emergency Management” or the
“Secretary of the Emergency Management Agency” appears in
statute, regulation, or contract, or in any other code, it shall be
construed to refer to the Director of Emergency Services.

(3) Unless the context clearly requires otherwise, whenever the
term “Director of Homeland Security” or “Office of Homeland
Security” appears in any statute, regulation, or contract, or in any
other code, it shall be construed to refer to the Office of Emergency
Services, and whenever the term “Director of Homeland Security”
or “Director of the Office of Homeland Security” appears in any
statute, regulation, or contract, or in any other code, it shall be
construed to refer to the Director of Emergency Services.

(b) (1) The Office of Emergency Services and the Director of
Emergency Services shall succeed to and are vested with all the
duties, powers, purposes, responsibilities, and jurisdiction vested
in the California Emergency Management Agency and the
Secretary of Emergency Management, respectively.

(2) The Office of Emergency Services and the Director of
Emergency Services shall succeed to and are vested with all the
duties, powers, purposes, responsibilities, and jurisdiction vested
in the Office of Homeland Security and the Director of Homeland
Security, respectively.

(c) The Office of Emergency Services shall be considered a law
enforcement organization as required for receipt of criminal
intelligence information pursuant to subdivision (f) of Section
6254 by persons employed within the office whose duties and
responsibilities require the authority to access criminal intelligence
information.

(d) Persons employed by the Office of Emergency Services
whose duties and responsibilities require the authority to access
criminal intelligence information shall be furnished state summary
criminal history information as described in Section 11105 of the
Penal Code, if needed in the course of their duties.

(e) The Office of Emergency Services shall be responsible for
the state’s emergency and disaster response services for natural,
technological, or manmade disasters and emergencies, including
responsibility for activities necessary to prevent, respond to,
recover from, and mitigate the effects of emergencies and disasters
to people and property.

(f) Notwithstanding any other law, nothing in this section shall
authorize an employee of the Office of Emergency Services to
access criminal intelligence information under subdivision (c) or
(d) for the purpose of determining eligibility for, or providing
access to, disaster-related assistance and services.

begin delete SEC. 144. end delete
begin insert SEC. 121. end insert   

Section 8585.05 of the Government Code is amended
to read:

8585.05.  

Unless the context otherwise requires, for purpose of
this article, the following definitions apply:

(a) “Agency” or “office” means the Office of Emergency
Services.

(b) “California Emergency Management Agency” means the
Office of Emergency Services.

(c) “Director” or “secretary” means the Director of Emergency
Services.

begin delete SEC. 145. end delete
begin insert SEC. 122. end insert   

Section 8585.1 of the Government Code is amended
to read:

8585.1.  

(a) The director shall be appointed by, and hold office
at the pleasure of, the Governor. The appointment of the director
is subject to confirmation by the Senate. The director shall
coordinate all state disaster response, emergency planning,
emergency preparedness, disaster recovery, disaster mitigation,
and homeland security activities.

(b) The director shall receive an annual salary as set forth in
Section 11552.

(c) The Governor may appoint a deputy director of the office.
The deputy director shall hold office at the pleasure of the
Governor.

(d) All positions exempt from civil service that existed in the
predecessor agencies shall be transferred to the office.

(e) Neither state nor federal funds may be expended to pay the
salary or benefits of any deputy or employee who may be appointed
by the director or deputy director pursuant to Section 4 of Article
VII of the California Constitution.

begin delete SEC. 146. end delete
begin insert SEC. 123. end insert   

Section 8585.2 of the Government Code is amended
to read:

8585.2.  

(a) All employees serving in state civil service, other
than temporary employees, who are engaged in the performance
of functions transferred to the office or engaged in the
administration of law, the administration of which was vested in
the former California Emergency Management Agency, are
transferred to the office. The status, positions, and rights of those
persons shall not be affected by their transfer and shall continue
to be retained by them pursuant to the State Civil Service Act (Part
2 (commencing with Section 18500) of Division 5), except as to
positions the duties of which are vested in a position exempt from
civil service. The personnel records of all transferred employees
shall be transferred to the office.

(b) The property of any agency or department related to
functions formerly transferred to, or vested in the California
Emergency Management Agency, is transferred to the office. If
any doubt arises as to where that property is transferred, the
Department of General Services shall determine where the property
is transferred.

(c) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law formerly transferred to the California
Emergency Management Agency shall be transferred to the office
for use for the purpose for which the appropriation was originally
made or the funds were originally available. If there is any doubt
as to where those balances and funds are transferred, the
Department of Finance shall determine where the balances and
funds are transferred.

begin delete SEC. 147. end delete
begin insert SEC. 124. end insert   

Section 8585.5 of the Government Code is amended
to read:

8585.5.  

The office shall establish by rule and regulation various
classes of disaster service workers and the scope of the duties of
each class. The office shall also adopt rules and regulations
prescribing the manner in which disaster service workers of each
class are to be registered. All of the rules and regulations shall be
designed to facilitate the payment of workers’ compensation.

begin delete SEC. 148. end delete
begin insert SEC. 125. end insert   

Section 8585.7 of the Government Code is amended
to read:

8585.7.  

The office may certify the accredited status of local
disaster councils, subject to the requirements of Section 8612.

begin delete SEC. 149. end delete
begin insert SEC. 126. end insert   

Section 8586 of the Government Code is amended
to read:

8586.  

The Governor shall assign all or part of his or her powers
and duties under this chapter to the Office of Emergency Services.

begin delete SEC. 150. end delete
begin insert SEC. 127. end insert   

Section 8587.7 of the Government Code is amended
to read:

8587.7.  

(a) The Office of Emergency Services, in cooperation
with the State Department of Education, the Department of General
Services, and the Seismic Safety Commission, shall develop an
educational pamphlet for use by grades kindergarten to 14
personnel to identify and mitigate the risks posed by nonstructural
earthquake hazards.

(b) The office shall print and distribute the pamphlet to the
governing board of each school district and community college
district in the state, along with a copy of the current edition of the
office’s school emergency response publication. The office shall
also make the pamphlet or the current edition of the office’s school
emergency response publication available to a private elementary
or secondary school upon request.

(c) The office, as soon as feasible, shall make the pamphlet and
the current edition of the office’s school emergency response
publication available by electronic means, including, but not limited
to, the Internet.

begin delete SEC. 151. end delete
begin insert SEC. 128. end insert   

Section 8588 of the Government Code is amended
to read:

8588.  

Whenever conditions exist within any region or regions
of the state that warrant the proclamation by the Governor of a
state of emergency and the Governor has not acted under the
provisions of Section 8625, by reason of the fact that the Governor
has been inaccessible, the director may proclaim the existence of
a state of emergency in the name of the Governor as to any region
or regions of the state. Whenever the director has so proclaimed
a state of emergency, that action shall be ratified by the Governor
as soon as the Governor becomes accessible, and in the event the
Governor does not ratify the action, the Governor shall immediately
terminate the state of emergency as proclaimed by the director.

begin delete SEC. 152. end delete
begin insert SEC. 129. end insert   

Section 8588.1 of the Government Code is amended
to read:

8588.1.  

(a) The Legislature finds and declares that this state
can only truly be prepared for the next disaster if the public and
private sector collaborate.

(b) The office may, as appropriate, include private businesses
and nonprofit organizations within its responsibilities to prepare
the state for disasters under this chapter. All participation by
businesses and nonprofit associations in this program shall be
voluntary.

(c) The office may do any of the following:

(1) Provide guidance to business and nonprofit organizations
representing business interests on how to integrate private sector
emergency preparedness measures into governmental disaster
planning programs.

(2) Conduct outreach programs to encourage business to work
with governments and community associations to better prepare
the community and their employees to survive and recover from
disasters.

(3) Develop systems so that government, businesses, and
employees can exchange information during disasters to protect
themselves and their families.

(4) Develop programs so that businesses and government can
work cooperatively to advance technology that will protect the
public during disasters.

(d) The office may share facilities and systems for the purposes
of subdivision (b) with the private sector to the extent the costs
for their use are reimbursed by the private sector.

(e) Proprietary information or information protected by state or
federal privacy laws shall not be disclosed under this program.

(f) Notwithstanding Section 11005, donations and private grants
may be accepted by the office and shall not be subject to Section
11005.

(g) The Disaster Resistant Communities Fund is hereby created
in the State Treasury. Upon appropriation by the Legislature, the
office may expend the money in the account for the costs associated
within this section.

(h) This section shall be implemented only to the extent that
in-kind contributions or donations are received from the private
sector, or grant funds are received from the federal government,
for these purposes.

begin delete SEC. 153. end delete
begin insert SEC. 130. end insert   

Section 8588.2 of the Government Code is amended
to read:

8588.2.  

(a) The office may establish a statewide registry of
private businesses and nonprofit organizations that are interested
in donating services, goods, labor, equipment, resources, or
dispensaries or other facilities to further the purposes of Section
8588.1.

(b) If the office establishes a statewide registry pursuant to
subdivision (a), the agency shall create and implement protocols
and procedures for inclusion onto the statewide registry that do,
but are not limited to, all of the following:

(1) Establish eligibility requirements for a private business or
nonprofit organization to be included on the statewide registry.

(2) Require the services, goods, labor, equipment, resources, or
dispensaries or other facilities donated by a private business or
nonprofit organization included on the statewide registry to be
provided at no cost to state governmental entities or the victims
of emergencies and disasters.

(3) Require the services, goods, labor, equipment, resources, or
dispensaries or other facilities donated by a private business or
nonprofit organization included on the statewide registry to be
safely collected, maintained, and managed.

(4) Require that federal, state, and local governmental entities
and nonprofit organizations that are engaged in assisting
communities prepare for, respond to, or recover from emergencies
and disasters have access to the statewide registry.

(c) A private business or nonprofit organization included on the
statewide registry shall reasonably determine all of the following:

(1) Donated services, goods, labor, equipment, resources, or
dispensaries or other facilities comply with all applicable federal
and state safety laws and licensing requirements.

(2) Donated services, goods, labor, equipment, resources, or
dispensaries or other facilities have not been altered, misbranded,
or stored under conditions contrary to the standards set forth under
federal or state laws or by the product manufacturer.

(3) Donated medicine shall be unopened, in tamper-resistant
packaging or modified unit dose containers that meet United States
Pharmacopeia standards, and show lot numbers and expiration
dates. Medicine that does not meet these standards shall not be
donated.

begin delete SEC. 154. end delete
begin insert SEC. 131. end insert   

Section 8588.3 of the Government Code is amended
to read:

8588.3.  

(a) The Legislature finds and declares that it is the
responsibility of the State of California to protect and preserve the
right of its citizens to a safe and peaceful existence. To accomplish
this goal and to minimize the destructive impact of disasters and
other massive emergencies, the actions of numerous public
agencies must be coordinated to effectively manage all four phases
of emergency activity: preparedness, mitigation, response, and
recovery. In order to ensure that the state’s response to disasters
or massive emergencies is effective, specialized training is
necessary.

(b) The California Specialized Training Institute of the office
of the Adjutant General is hereby transferred to the Office of
Emergency Services. The institute shall assist the Governor in
providing, pursuant to subdivision (f) of Section 8570, training to
state agencies, cities, and counties in their planning and preparation
for disasters.

(c) The director may solicit, receive, and administer funds or
property from federal, state, or other public agency sources for the
support and operation of the institute.

(d) The director may solicit and receive firearms, other
weaponry, explosive materials, chemical agents, and other items
confiscated by or otherwise in the possession of law enforcement
officers as donations to the institute if he or she deems them to be
appropriate for the institute’s training purposes.

(e) Any moneys received by the director from charges or fees
imposed in connection with the operation of the institute shall be
deposited in the General Fund.

begin delete SEC. 155. end delete
begin insert SEC. 132. end insert   

Section 8588.5 of the Government Code is amended
to read:

8588.5.  

To promote an increase in the number of trained
disaster search dog teams, the office shall do all of the following:

(a) Provide instruction to California disaster dog trainers in
Swiss techniques.

(b) Work to secure authorization to conduct training for disaster
search dog teams at existing facilities operated by the California
National Guard and the Department of Transportation on the
grounds of Camp San Luis Obispo.

(c) Engage in recruiting activities for the purpose of increasing
the number of disaster search dog teams in southern California.

(d) Reimburse disaster search dog handlers and instructors for
the costs of their travel and that of their dogs to training facilities
within California.

begin delete SEC. 156. end delete
begin insert SEC. 133. end insert   

Section 8588.7 of the Government Code is amended
to read:

8588.7.  

(a) The Office of Emergency Services shall procure
mobile communication translators to enable mutual-aid emergency
response agencies to communicate effectively while operating on
incompatible frequencies.

(b) Translators shall be located in the San Francisco Bay Area
and the Los Angeles metropolitan area, made ready for use by
local public safety officials by the Office of Emergency Services,
and provided to the appropriate state-established mutual-aid region
pursuant to Section 8600.

(c) The Office of Emergency Services shall implement this
section only to the extent that funds are appropriated to the office
for this purpose in the Budget Act or in other legislation.

begin delete SEC. 157. end delete
begin insert SEC. 134. end insert   

Section 8588.10 of the Government Code is amended
to read:

8588.10.  

(a) The director shall establish a Curriculum
Development Advisory Committee to advise the office on the
development of course curricula, as specified by the director.

(b) The committee shall be chaired by the director, who will
appoint members as appropriate. In appointing members to the
committee, the director shall include representatives from the
following:

(1) State public safety, health, first responder, and emergency
services departments or agencies, as deemed appropriate by the
director.

(2) Local first responder agencies.

(3) Local public safety agencies.

(4) Nonprofit organizations, as deemed appropriate by the
director.

(5) Any other state, local, tribal, or nongovernmental
organization determined by the director to be appropriate.

begin delete SEC. 158. end delete
begin insert SEC. 135. end insert   

Section 8588.11 of the Government Code is amended
to read:

8588.11.  

(a) The office shall contract with the California Fire
Fighter Joint Apprenticeship Program to develop a fire service
specific course of instruction on the responsibilities of first
responders to terrorism incidents. The course shall include the
criteria for the curriculum content recommended by the Curriculum
Development Advisory Committee established pursuant to Section
8588.10 to address the training needs of both of the following:

(1) Firefighters in conformance with the standards established
by the State Fire Marshal.

(2) Paramedics and other emergency medical services fire
personnel in conformance with the standards established by the
Emergency Medical Services Authority.

(b) The course of instruction shall be developed in consultation
with individuals knowledgeable about consequence management
that addresses the topics of containing and mitigating the impact
of a terrorist incident, including, but not limited to, a terrorist act
using hazardous materials, as well as weapons of mass destruction,
including any chemical warfare agent, weaponized biological
agent, or nuclear or radiological agent, as those terms are defined
in Section 11417 of the Penal Code, by techniques including, but
not limited to, rescue, firefighting, casualty treatment, and
hazardous materials response and recovery.

(c) The contract shall provide for the delivery of training by the
California Fire Fighter Joint Apprenticeship Program through
reimbursement contracts with the state, local, and regional fire
agencies who may, in turn, contract with educational institutions.

(d) To maximize the availability and delivery of training, the
California Fire Fighter Joint Apprenticeship Program shall develop
a course of instruction to train the trainers in the presentation of
the first responder training of consequence management for fire
service personnel.

begin delete SEC. 159. end delete
begin insert SEC. 136. end insert   

Section 8588.15 of the Government Code is amended
to read:

8588.15.  

(a) The director shall appoint representatives of the
disabled community to serve on the evacuation, sheltering,
communication, recovery, and other pertinent Standardized
Emergency Management System committees, including one
representative to the Technical Working Group. Representatives
of the disabled community shall, to the extent practicable, be from
the following groups:

(1) Persons who are blind or visually impaired.

(2) Persons with sensory or cognitive disabilities.

(3) Persons with physical disabilities.

(b) Within the Standardized Emergency Management System
structure, the director shall ensure, to the extent practicable, that
the needs of the disabled community are met by ensuring all
committee recommendations regarding preparedness, planning,
and procedures relating to emergencies include the needs of people
with disabilities.

(c) The director shall prepare and disseminate sample brochures
and other relevant materials on preparedness, planning, and
procedures relating to emergency evacuations that include the
needs of the disabled community, and shall work with
nongovernmental associations and entities to make them available
in accessible formats, including, but not limited to, Braille, large
print, and electronic media.

(d) The director and the State Fire Marshal’s office shall seek
research funding to assist in the development of new technologies
and information systems that will assist in the evacuation of the
groups designated in subdivision (a) during emergency and disaster
situations.

(e) It is the intent of the Legislature for the purpose of
implementing this section and to the extent permitted by federal
law, that funds may be used from the Federal Trust Fund from
funds received from the federal Department of Homeland Security
for implementation of homeland security programs.

begin delete SEC. 160. end delete
begin insert SEC. 137. end insert   

Section 8589 of the Government Code is amended
to read:

8589.  

The Office of Emergency Services shall be permitted
the use of all state and local fair properties as conditions require.

begin delete SEC. 161. end delete
begin insert SEC. 138. end insert   

Section 8589.1 of the Government Code is amended
to read:

8589.1.  

(a) The Office of Emergency Services shall plan to
establish the State Computer Emergency Data Exchange Program
(SCEDEP), which shall be responsible for collection and
dissemination of essential data for emergency management.

(b) Participating agencies in SCEDEP shall include the
Department of Water Resources, Department of Forestry and Fire
Protection, Department of the California Highway Patrol,
Department of Transportation, Emergency Medical Services
Authority, the State Fire Marshal, State Department of Public
Health, and any other state agency that collects critical data and
information that affects emergency response.

(c) It is the intent of the Legislature that the State Computer
Emergency Data Exchange Program facilitate communication
between state agencies and that emergency information be readily
accessible to city and county emergency services offices. The
Office of Emergency Services shall develop policies and
procedures governing the collection and dissemination of
emergency information and shall recommend or design the
appropriate software and programs necessary for emergency
communications with city and county emergency services offices.

begin delete SEC. 162. end delete
begin insert SEC. 139. end insert   

Section 8589.2 of the Government Code is amended
to read:

8589.2.  

(a) The Office of Emergency Services, in consultation
with the California Highway Patrol and other state and local
agencies, shall establish a statewide plan for the delivery of
hazardous material mutual aid.

(b) Within 180 days of the adoption of a plan by the Office of
Emergency Services, an entity shall only be considered a candidate
for training or equipment funds provided by the state for hazardous
material emergency response when that entity is a signatory to the
plan established under this section.

(1) For the purpose of this chapter “hazardous material
emergency response” includes, but is not limited to, assessment,
isolation, stabilization, containment, removal, evacuation,
neutralization, transportation, rescue procedures, or other activities
necessary to ensure the public safety during a hazardous materials
emergency.

(2) For the purpose of this chapter, “hazardous material” is
defined as in Section 25501 of the Health and Safety Code.

(c) Entities providing hazardous material emergency response
services under this chapter shall be exempt from the fee restriction
of Section 6103.

begin delete SEC. 163. end delete
begin insert SEC. 140. end insert   

Section 8589.5 of the Government Code is amended
to read:

8589.5.  

(a) Inundation maps showing the areas of potential
flooding in the event of sudden or total failure of any dam, the
partial or total failure of which the Office of Emergency Services
determines, after consultation with the Department of Water
Resources, would result in death or personal injury, shall be
prepared and submitted as provided in this subdivision within six
months after the effective date of this section, unless previously
submitted or unless the time for submission of those maps is
extended for reasonable cause by the Office of Emergency
Services. The local governmental organization, utility, or other
public or private owner of any dam so designated shall submit to
the Office of Emergency Services one map that shall delineate
potential flood zones that could result in the event of dam failure
when the reservoir is at full capacity, or if the local governmental
organization, utility, or other public or private owner of any dam
shall determine it to be desirable, he or she shall submit three maps
that shall delineate potential flood zones that could result in the
event of dam failure when the reservoir is at full capacity, at
median-storage level, and at normally low-storage level. After
submission of copies of the map or maps, the Office of Emergency
Services shall review the map or maps, and shall return any map
or maps that do not meet the requirements of this subdivision,
together with recommendations relative to conforming to the
requirements. Maps rejected by the Office of Emergency Services
shall be revised to conform to those recommendations and
resubmitted. The Office of Emergency Services shall keep on file
those maps that conform to the provisions of this subdivision.
Maps approved pursuant to this subdivision shall also be kept on
file with the Department of Water Resources. The owner of a dam
shall submit final copies of those maps to the Office of Emergency
Services that shall immediately submit identical copies to the
appropriate public safety agency of any city, county, or city and
county likely to be affected.

(b) (1) Based upon a review of inundation maps submitted
pursuant to subdivision (a) or based upon information gained by
an onsite inspection and consultation with the affected local
jurisdiction when the requirement for an inundation map is waived
pursuant to subdivision (d), the Office of Emergency Services shall
designate areas within which death or personal injury would, in
its determination, result from the partial or total failure of a dam.
The appropriate public safety agencies of any city, county, or city
and county, the territory of which includes any of those areas, may
adopt emergency procedures for the evacuation and control of
populated areas below those dams. The Office of Emergency
Services shall review the procedures to determine whether adequate
public safety measures exist for the evacuation and control of
populated areas below the dams, and shall make recommendations
with regard to the adequacy of those procedures to the concerned
public safety agency. In conducting the review, the Office of
Emergency Services shall consult with appropriate state and local
agencies.

(2) Emergency procedures specified in this subdivision shall
conform to local needs, and may be required to include any of the
following elements or any other appropriate element, in the
discretion of the Office of Emergency Services:

(A) Delineation of the area to be evacuated.

(B) Routes to be used.

(C) Traffic control measures.

(D) Shelters to be activated for the care of the evacuees.

(E) Methods for the movement of people without their own
transportation.

(F) Identification of particular areas or facilities in the flood
zones that will not require evacuation because of their location on
high ground or similar circumstances.

(G) Identification and development of special procedures for
the evacuation and care of people from unique institutions.

(H) Procedures for the perimeter and interior security of the
area, including such things as passes, identification requirements,
and antilooting patrols.

(I) Procedures for the lifting of the evacuation and reentry of
the area.

(J) Details as to which organizations are responsible for the
functions described in this paragraph and the material and
personnel resources required.

(3) It is the intent of the Legislature to encourage each agency
that prepares emergency procedures to establish a procedure for
their review every two years.

(c) “Dam,” as used in this section, has the same meaning as
specified in Sections 6002, 6003, and 6004 of the Water Code.

(d) Where both of the following conditions exist, the Office of
Emergency Services may waive the requirement for an inundation
map:

(1) Where the effects of potential inundation in terms of death
or personal injury, as determined through onsite inspection by the
Office of Emergency Services in consultation with the affected
local jurisdictions, can be ascertained without an inundation map.

(2) Where adequate evacuation procedures can be developed
without benefit of an inundation map.

(e) If development should occur in any exempted area after a
waiver has been granted, the local jurisdiction shall notify the
Office of Emergency Services of that development. All waivers
shall be reevaluated every two years by the Office of Emergency
Services.

(f) A notice may be posted at the offices of the county recorder,
county assessor, and county planning agency that identifies the
location of the map, and of any information received by the county
subsequent to the receipt of the map regarding changes to
inundation areas within the county.

begin delete SEC. 164. end delete
begin insert SEC. 141. end insert   

Section 8589.6 of the Government Code is amended
to read:

8589.6.  

(a) The Office of Emergency Services shall develop
model guidelines for local government agencies and
community-based organizations planning to develop a disaster
registry program. Adoption of the model guidelines shall be
voluntary. Local governmental agencies or community-based
organizations wishing to establish a disaster registry program may
consult with the Office of Emergency Services for further guidance.

(b) The guidelines required by subdivision (a) shall address, at
a minimum, all of the following issues:

(1) A purpose statement specifying that the intent of the registry
is not to provide immediate assistance during a local, state, or
national disaster, to those who are registered, but to encourage that
those registered will receive a telephone call or visit from
neighborhood disaster volunteers or other organizations specified
in the final local plan as soon as possible after the disaster in order
to check on their well-being and ask if they need assistance. This
statement shall also specify that persons registered should be
prepared to be self-sufficient for at least 72 hours.

(2) A list of persons eligible for the registry. This list shall
include, but not be limited to, disabled persons, including those
with developmental disabilities, the elderly, those for whom
English is not a first language, persons who are unskilled or
deficient in the English language, long-term health care facilities,
residential community care facilities, and residential care facilities
for the elderly.

(3) A statement specifying that the party responsible for
responding to those registered will not be held liable for not
responding.

(4) A plan for ensuring that hard data is available if computers
shut down.

(5) A recommendation for those persons or organizations that
would be appropriate to respond to persons on the disaster registry,
and a plan for training the responsible party.

(6) A plan for community outreach to encourage those eligible
to participate.

(7) A plan for distribution of preparedness materials to those
eligible to participate in the disaster registry.

(8) Recommendations and assistance for obtaining federal and
state moneys to establish a disaster registry.

(9) A recommendation that organizations currently providing
services to persons who are eligible for the disaster registry
program be encouraged to alter their information form to include
a space on the form where the person has the option of registering
for the program. By checking the box and giving approval to be
registered for the program the person waives confidentiality rights.
Despite this waiver of confidentiality rights, local government
agencies and community-based organizations planning to develop
a disaster registry are encouraged to do everything possible to
maintain the confidentiality of their registries. Organizations that
currently have lists of people who would be eligible to register for
the program should be encouraged to share this information with
persons establishing a disaster registry.

begin delete SEC. 165. end delete
begin insert SEC. 142. end insert   

Section 8589.7 of the Government Code is amended
to read:

8589.7.  

(a) In carrying out its responsibilities pursuant to
subdivision (b) of Section 8574.17, the Office of Emergency
Services shall serve as the central point in state government for
the emergency reporting of spills, unauthorized releases, or other
accidental releases of hazardous materials and shall coordinate the
notification of the appropriate state and local administering
agencies that may be required to respond to those spills,
unauthorized releases, or other accidental releases. The Office of
Emergency Services is the only state entity required to make the
notification required by subdivision (b).

(b) Upon receipt of a report concerning a spill, unauthorized
release, or other accidental release involving hazardous materials,
as defined in Section 25501 of the Health and Safety Code, or
concerning a rupture of, or an explosion or fire involving, a pipeline
reportable pursuant to Section 51018, the Office of Emergency
Services shall immediately inform the following agencies of the
incident:

(1) For an oil spill reportable pursuant to Section 8670.25.5, the
Office of Emergency Services shall inform the administrator for
oil spill response, the State Lands Commission, the California
Coastal Commission, and the California regional water quality
control board having jurisdiction over the location of the discharged
oil.

(2) For a rupture, explosion, or fire involving a pipeline
reportable pursuant to Section 51018, the Office of Emergency
Services shall inform the State Fire Marshal.

(3) For a discharge in or on any waters of the state of a
hazardous substance or sewage reportable pursuant to Section
13271 of the Water Code, the Office of Emergency Services shall
inform the appropriate California regional water quality control
board.

(4) For a spill or other release of petroleum reportable pursuant
to Section 25270.8 of the Health and Safety Code, the Office of
Emergency Services shall inform the local administering agency
that has jurisdiction over the spill or release.

(5) For a crude oil spill reportable pursuant to Section 3233 of
the Public Resources Code, the Office of Emergency Services shall
inform the Division of Oil, Gas, and Geothermal Resources and
the appropriate California regional water quality control board.

(c) This section does not relieve a person who is responsible
for an incident specified in subdivision (b) from the duty to make
an emergency notification to a local agency, or the 911 emergency
system, under any other law.

(d) A person who is subject to Section 25507 of the Health and
Safety Code shall immediately report all releases or threatened
releases pursuant to that section to the appropriate local
administering agency and each local administering agency shall
notify the Office of Emergency Services and businesses in their
jurisdiction of the appropriate emergency telephone number that
can be used for emergency notification to the administering agency
on a 24-hour basis. The administering agency shall notify other
local agencies of releases or threatened releases within their
jurisdiction, as appropriate.

(e) No facility, owner, operator, or other person required to
report an incident specified in subdivision (b) to the Office of
Emergency Services shall be liable for any failure of the Office of
Emergency Services to make a notification required by this section
or to accurately transmit the information reported.

begin delete SEC. 166. end delete
begin insert SEC. 143. end insert   

Section 8589.9 of the Government Code is amended
to read:

8589.9.  

(a) The Legislature finds and declares that there is a
growing need to find new ways to acquire firefighting apparatus
and equipment for use by local agencies. Local agencies,
particularly those that serve rural areas, have had, and are likely
to continue to have, difficulty acquiring firefighting apparatus and
equipment. The Legislature further finds and declares that this
situation presents a statewide problem for the protection of the
public safety.

(b) In enacting this article, the Legislature intends to create new
ways for the Office of Emergency Services to help local agencies
acquire firefighting apparatus and equipment. Through the
identification of available apparatus and equipment, the acquisition
of new and used apparatus and equipment, the refurbishing and
resale of used apparatus and equipment, and assisting the financing
of resales, the Office of Emergency Services will help local
agencies meet public safety needs.

begin delete SEC. 167. end delete
begin insert SEC. 144. end insert   

Section 8589.10 of the Government Code is amended
to read:

8589.10.  

As used in this article:

(a) “Acquire” means acquisition by purchase, grant, gift, or any
other lawful means.

(b) “Office” means the Office of Emergency Services.

(c) “Firefighting apparatus and equipment” means any vehicle
and its associated equipment that is designed and intended for use
primarily for firefighting. “Firefighting apparatus and equipment”
does not include vehicles that are designed and intended for use
primarily for emergency medical services, rescue services,
communications and command operations, or hazardous materials
operations.

(d) “Indirect expenses” means those items that are identified as
indirect costs in the federal Office of Management and Budget,
Circular A-87 on January 1, 1985.

(e) “Local agency” means any city, county, special district, or
any joint powers agency composed exclusively of those agencies,
that provides fire suppression services. “Local agency” also
includes a fire company organized pursuant to Part 4 (commencing
with Section 14825) of Division 12 of the Health and Safety Code.

(f) “Rural area” means territory that is outside of any urbanized
area designated by the United States Census Bureau from the 1980
federal census.

(g) “Director” means the Director of Emergency Services.

begin delete SEC. 168. end delete
begin insert SEC. 145. end insert   

Section 8589.11 of the Government Code is amended
to read:

8589.11.  

The office may acquire new or used firefighting
apparatus and equipment for resale to local agencies. If the
apparatus or equipment is in a used condition, the office may
contract with the Prison Industry Authority to repair or refurbish
the apparatus or equipment to acceptable fire service standards
before resale. The resale price shall recover the office’s cost of
acquisition, repairing, refurbishing, and associated indirect
expenses.

begin delete SEC. 169. end delete
begin insert SEC. 146. end insert   

Section 8589.12 of the Government Code is amended
to read:

8589.12.  

If a state agency, including the office, proposes to
make firefighting apparatus or equipment which is currently owned
and operated by the state available to the office for use under this
article, the Department of General Services shall determine whether
there is any immediate need by any state agency for the apparatus
or equipment. If there is no immediate need, the Department of
General Services shall release the apparatus or equipment to the
office. If the office acquires firefighting apparatus or equipment
from another state agency, the office shall pay the fair market value
of the apparatus or equipment, as determined by the Department
of General Services, unless the state agency agrees to a lesser
payment.

begin delete SEC. 170. end delete
begin insert SEC. 147. end insert   

Section 8589.13 of the Government Code is amended
to read:

8589.13.  

(a) The office shall give first priority for the sale of
new or used firefighting apparatus and equipment to a local agency
that serves a rural area, and is authorized to contract with a local
agency that serves a rural area for this purpose. The office shall
give second priority for the sale of new or used firefighting
apparatus and equipment to any local agency. If after reasonable
efforts by the office to sell new or used firefighting apparatus and
equipment to any local agency, and not less than 90 days after
providing notice to these local agencies, the office may sell any
remaining firefighting apparatus and equipment to public agencies
outside of California, the federal government, and Indian tribes,
subject to any applicable federal requirements.

(b) If a contract for the sale of new or used firefighting apparatus
and equipment under subdivision (a) provides for the local agency
to pay the sale price in more than one installment, the local agency
shall pay interest at a rate specified in the contract, which shall not
exceed 1 percent less than the rate earned by the Pooled Money
Investment Board, and the term of a contract shall not exceed five
years.

(c) If a contract for the sale of new or used firefighting apparatus
and equipment under subdivision (a) provides for a local agency
to obtain a loan from another source, the office may insure the
other loan.

begin delete SEC. 171. end delete
begin insert SEC. 148. end insert   

Section 8589.14 of the Government Code is amended
to read:

8589.14.  

The office shall operate an information system which
is capable of identifying firefighting apparatus and equipment
which is available for acquisition, and local agencies which are
interested in acquiring apparatus and equipment.

begin delete SEC. 172. end delete
begin insert SEC. 149. end insert   

Section 8589.15 of the Government Code is amended
to read:

8589.15.  

The office may contract with the Prison Industry
Authority to perform any of the responsibilities or services required
or authorized by this article.

begin delete SEC. 173. end delete
begin insert SEC. 150. end insert   

Section 8589.16 of the Government Code is amended
to read:

8589.16.  

There is hereby created in the General Fund the State
Assistance for Fire Equipment Account, which, notwithstanding
Section 13340, is continuously appropriated to the office for the
purposes of Sections 8589.11 and 8589.13. All proceeds from the
resale of firefighting apparatus and equipment shall be paid to the
account.

begin delete SEC. 174. end delete
begin insert SEC. 151. end insert   

Section 8589.17 of the Government Code is amended
to read:

8589.17.  

Every contract with a local agency for the resale of
firefighting apparatus and equipment shall specify that the local
agency shall make the apparatus or equipment available to other
local agencies in the same county as part of a mutual aid agreement.
The apparatus or equipment shall be available for mutual aid
responses for the length of the term of the contract with the office.

begin delete SEC. 175. end delete
begin insert SEC. 152. end insert   

Section 8589.18 of the Government Code is amended
to read:

8589.18.  

If a local agency defaults on a contract for the resale
of firefighting apparatus and equipment, the office may either
renegotiate the contract or take possession of the apparatus or
equipment for subsequent resale to another local agency.

begin delete SEC. 176. end delete
begin insert SEC. 153. end insert   

Section 8589.19 of the Government Code is amended
to read:

8589.19.  

(a) After consultation with the California Emergency
Management Agency Fire Advisory Committee, hereafter to be
referred begin insert to end insert as the Office of Emergency Services Fire Advisory
Committee, the director shall adopt rules and regulations governing
the operation of the programs created by this article pursuant to
the Administrative Procedure Act, Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3.

(b) The rules and regulations adopted pursuant to subdivision
(a) shall include, but not be limited to, all of the following:

(1) The specific types of firefighting apparatus and equipment
which may be acquired, rehabilitated, and resold.

(2) The amount and terms of resale contracts.

(3) The time, format, and manner in which local agencies may
apply for resale contracts.

(4) Priorities for assisting local agencies, which shall give
preference to local agencies which meet all of the following:

(A)  Demonstrated need for primary response firefighting
apparatus and equipment.

(B) Will be adequately able to operate and maintain the
firefighting apparatus and equipment.

(C) Have already used other means of financing the firefighting
apparatus and equipment.

begin delete SEC. 177. end delete
begin insert SEC. 154. end insert   

Section 8589.20 of the Government Code is amended
to read:

8589.20.  

All state agencies, boards, and commissions shall
cooperate with the office in implementing the programs created
by this article.

begin delete SEC. 178. end delete
begin insert SEC. 155. end insert   

Section 8589.21 of the Government Code is amended
to read:

8589.21.  

The director shall be responsible for the programs
created by this article which, except as provided by Sections
8589.12 and 8589.15, shall not be subject to the requirements of
the State Equipment Council or the Office of Fleet Administration
of the Department of General Services.

begin delete SEC. 179. end delete
begin insert SEC. 156. end insert   

Section 8590.1 of the Government Code is amended
to read:

8590.1.  

As used in this article, the following terms have the
following meanings:

(a) “Agency” or “office” means the Office of Emergency
Services.

(b) “Local agency” means any city, county, city and county,
fire district, special district, or joint powers agency that provides
fire suppression services. “Local agency” also includes a fire
company organized pursuant to Part 4 (commencing with Section
14825) of Division 12 of the Health and Safety Code.

(c) “Secretary” or “director” means the Director of Emergency
Services.

(d) “State agency” means any state agency providing residential
or institutional fire protection, including, but not limited to, the
Department of Forestry and Fire Protection.

begin delete SEC. 180. end delete
begin insert SEC. 157. end insert   

Section 8590.2 of the Government Code is amended
to read:

8590.2.  

There is established in the office a thermal imaging
equipment purchasing program under which the office shall acquire
firefighting thermal imaging equipment on behalf of local and state
agencies that are interested in obtaining this equipment.

begin delete SEC. 181. end delete
begin insert SEC. 158. end insert   

Section 8590.3 of the Government Code is amended
to read:

8590.3.  

In administering the purchasing program, the director
shall do all of the following:

(a) No later than 45 days after the effective date of this article,
establish an advisory committee, which shall be comprised of
representatives of organizations including, but not limited to, the
California Fire Chiefs Association, the Fire Districts Association
of California, the California Professional Firefighters, the CDF
Firefighters, and the California State Firefighters Association, Inc.
The committee shall meet no later than 30 days after all members
are appointed.

(b) Consult with the advisory committee regarding equipment
specifications and other matters relating to the acquisition of
thermal imaging equipment, and require the advisory committee
to formulate specifications no later than 120 days after its initial
meeting.

(c) Notify all local and state agencies about the purchasing
program, including the opportunity to purchase additional units at
the contract price, and determine whether those agencies are
interested in obtaining thermal imaging equipment.

(d) Purchase thermal imaging equipment at the lowest possible
price from a reliable vendor that meets specified requirements. It
is the intent of the Legislature that the director enter into a
multiyear contract for this purpose no later than 180 days after the
committee formulates specifications pursuant to subdivision (b).

(e) Include a provision in the vendor contract allowing any local
or state agency to purchase additional units directly from the vendor
at the contract price.

(f) Any local agency that elects to participate in the thermal
imaging equipment purchasing program shall pay one-half of the
contract price for each piece of equipment purchased on its behalf
by the state.

begin delete SEC. 182. end delete
begin insert SEC. 159. end insert   

Section 8590.4 of the Government Code is amended
to read:

8590.4.  

(a) The director shall seek funding for the program
from the private sector, grant programs, and other appropriate
sources.

(b) The director, after consultation with the advisory
commission, shall distribute equipment purchased under the
program in order to maximize its utilization by firefighters based
on consideration of the following factors:

(1) Ability to share or move the equipment to fire locations.

(2) Availability of existing thermal imaging equipment.

(3) Geography.

(4) Need based on frequency of fires.

begin delete SEC. 183. end delete
begin insert SEC. 160. end insert   

Section 8591 of the Government Code is amended
to read:

8591.  

Nothing in this chapter shall operate to prevent the
Governor or the Office of Emergency Services from formally
recognizing committees or boards established by or with segments
of the private sector, public agencies, or both the private sector
and public agencies, that control facilities, resources, or the
provision of services essential to the mitigation of the effects of
an emergency or recovery therefrom, or from assigning
administrative authority or responsibility to those committees or
boards or to members thereof with respect to the provision and
effective utilization of those resources to meet needs resulting from
an emergency.

begin delete

SEC. 184.  

Section 8592.1 of the Government Code is amended
to read:

8592.1.  

For purposes of this article, the following terms have
the following meanings:

(a) “Backward compatibility” means that the equipment is able
to function with older, existing equipment.

(b) “Committee” means the Public Safety Radio Strategic
Planning Committee, that was established in December 1994 in
recognition of the need to improve existing public radio systems
and to develop interoperability among public safety departments
and between state public safety departments and local or federal
entities, and that consists of representatives of the following state
entities:

(1) The Office of Emergency Services, whose director or his or
her representative shall serve as chairperson.

(2) The Department of the California Highway Patrol.

(3) The Department of Transportation.

(4) The Department of Corrections and Rehabilitation.

(5) The Department of Parks and Recreation.

(6) The Department of Fish and Game.

(7) The Department of Forestry and Fire Protection.

(8) The Department of Justice.

(9) The Department of Water Resources.

(10) The State Department of Public Health.

(11) The Emergency Medical Services Authority.

(12) The Department of Technology.

(13) The Military Department.

(14) The Department of Finance.

(c) “First response agencies” means public agencies that, in the
early stages of an incident, are responsible for, among other things,
the protection and preservation of life, property, evidence, and the
environment, including, but not limited to, state fire agencies, state
and local emergency medical services agencies, local sheriffs’
departments, municipal police departments, county and city fire
departments, and police and fire protection districts.

(d) “Nonproprietary equipment or systems” means equipment
or systems that are able to function with another manufacturer’s
equipment or system regardless of type or design.

(e) “Open architecture” means a system that can accommodate
equipment from various vendors because it is not a proprietary
system.

(f) “Public safety radio subscriber” means the ultimate end user.
Subscribers include individuals or organizations, including, for
example, local police departments, fire departments, and other
operators of a public safety radio system. Typical subscriber
equipment includes end instruments, including mobile radios,
hand-held radios, mobile repeaters, fixed repeaters, transmitters,
or receivers that are interconnected to utilize assigned public safety
communications frequencies.

(g) “Public safety spectrum” means the spectrum allocated by
the Federal Communications Commission for operation of
interoperable and general use radio communication systems for
public safety purposes within the state.

end delete

begin insert

begin insert SEC. 161. end insert   

end insert

begin insert Section 8592.1 of the end insert begin insert Government Code end insert begin insert , as amended
by Assembly Bill 76 of the 2013- end insert begin insert 14 Regular Session, is amended
to read: end insert

8592.1.  

For purposes of this article, the following terms have
the following meanings:

(a) “Backward compatibility” means that the equipment is able
to function with older, existing equipment.

(b) “Committee” means the Public Safety Radio Strategic
Planning Committee, that was established in December 1994 in
recognition of the need to improve existing public radio systems
and to develop interoperability among public safety departments
and between state public safety departments and local or federal
entities, and that consists of representatives of the following state
entities:

(1) The Office of Emergency Services, begin delete who end delete begin insert whose director, or
his or her representative, end insert shall serve as chairperson.

(2) The Department of the California Highway Patrol.

(3) The Department of Transportation.

(4) The Department of Corrections and Rehabilitation.

(5) The Department of Parks and Recreation.

(6) The Department of Fish and Wildlife.

(7) The Department of Forestry and Fire Protection.

(8) The Department of Justice.

(9) The Department of Water Resources.

(10) The State Department of Public Health.

(11) The Emergency Medical Services Authority.

(12) The Department of Technology.

(13) The Military Department.

(14) The Department of Finance.

(c) “First response agencies” means public agencies that, in the
early stages of an incident, are responsible for, among other things,
the protection and preservation of life, property, evidence, and the
environment, including, but not limited to, state fire agencies, state
and local emergency medical services agencies, local sheriffs’
departments, municipal police departments, county and city fire
departments, and police and fire protection districts.

(d) “Nonproprietary equipment or systems” means equipment
or systems that are able to function with another manufacturer’s
equipment or system regardless of type or design.

(e) “Open architecture” means a system that can accommodate
equipment from various vendors because it is not a proprietary
system.

(f) “Public safety radio subscriber” means the ultimate end user.
Subscribers include individuals or organizations, including, for
example, local police departments, fire departments, and other
operators of a public safety radio system. Typical subscriber
equipment includes end instruments, including mobile radios,
hand-held radios, mobile repeaters, fixed repeaters, transmitters,
or receivers that are interconnected to utilize assigned public safety
communications frequencies.

(g) “Public safety spectrum” means the spectrum allocated by
the Federal Communications Commission for operation of
interoperable and general use radio communication systems for
public safety purposes within the state.

begin delete

SEC. 185.  

Section 8592.5 of the Government Code is amended
to read:

8592.5.  

(a) Except as provided in subdivision (c), a state
department that purchases public safety radio communication
equipment shall ensure that the equipment purchased complies
with applicable provisions of the following:

(1) The common system standards for digital public safety radio
communications commonly referred to as the “Project 25
Standard,” as that standard may be amended, revised, or added to
in the future jointly by the Association of Public-Safety
Communications Officials, Inc., National Association of State
Telecommunications Directors, and agencies of the federal
government, commonly referred to as “APCO/NASTD/FED.”

(2) The operational and functional requirements delineated in
the Statement of Requirements for Public Safety Wireless
Communications and Interoperability developed by the SAFECOM
Program under the United States Department of Homeland
Security.

(b) Except as provided in subdivision (c), a local first response
agency that purchases public safety radio communication
equipment, in whole or in part, with state funds or federal funds
administered by the state, shall ensure that the equipment purchased
complies with paragraphs (1) and (2) of subdivision (a).

(c) Subdivision (a) or (b) shall not apply to either of the
following:

(1) Purchases of equipment to operate with existing state or
local communications systems where the latest applicable standard
will not be compatible, as verified by the Department of
Technology.

(2) Purchases of equipment for existing statewide low-band
public safety communications systems.

(d) This section may not be construed to require an affected
state or local governmental agency to compromise its immediate
mission or ability to function and carry out its existing
responsibilities.

SEC. 186.  

Section 8592.7 of the Government Code is amended
to read:

8592.7.  

(a) A budget proposal submitted by a state agency for
support of a new or modified radio system shall be accompanied
by a technical project plan that includes all of the following:

(1) The scope of the project.

(2) Alternatives considered.

(3) Justification for the proposed solution.

(4) A project implementation plan.

(5) A proposed timeline.

(6) Estimated costs by fiscal year.

(b) The committee shall review the plans submitted pursuant to
subdivision (a) for consistency with the statewide integrated public
safety communication strategic plan included in the annual report
required pursuant to Section 8592.6.

(c) The Department of Technology shall review the plans
submitted pursuant to subdivision (a) for consistency with the
technical requirements of the statewide integrated public safety
communication strategic plan included in the annual report required
pursuant to Section 8592.6.

end delete

begin delete SEC. 187. end delete
begin insert SEC. 162. end insert   

Section 8593 of the Government Code is amended
to read:

8593.  

The Office of Emergency Services shall work with
advocacy groups representing the deaf and hearing impaired,
including, but not limited to, the California Association of the Deaf
and the Coalition of Deaf Access Providers, California television
broadcasters, city and county emergency services coordinators,
and, as appropriate, the Federal Emergency Management Agency
and the Federal Communications Commission, to improve
communication with deaf and hearing-impaired persons during
emergencies, including the use of open captioning by California
television broadcasters when transmitting emergency information.

begin delete SEC. 188. end delete
begin insert SEC. 163. end insert   

Section 8593.1 of the Government Code is amended
to read:

8593.1.  

The Office of Emergency Services shall investigate
the feasibility of, and the funding requirements for, establishing a
“Digital Emergency Broadcast System” network, to be used by
local and state government agencies for the provision of warnings
and instructions in digital or printed form to California broadcast
outlets for relay to the public both orally and visually, through
television, and orally, through radio, during emergencies.

begin delete SEC. 189. end delete
begin insert SEC. 164. end insert   

Section 8593.2 of the Government Code is amended
to read:

8593.2.  

The Office of Emergency Services shall investigate
the feasibility of establishing a toll-free 800 telephone hotline,
including TDD (telecommunications device for the deaf)
accessibility, which would be accessible to the public, including
deaf, hearing-impaired, and non-English speaking persons, for use
during nonemergency and emergency periods to respond to
inquiries about emergency preparedness and disaster status.

begin delete SEC. 190. end delete
begin insert SEC. 165. end insert   

Section 8593.6 of the Government Code is amended
to read:

8593.6.  

(a) No later than six months after securing funding
for the purposes of this section, the Director of Emergency Services
shall convene a working group for the purpose of assessing existing
and future technologies available in the public and private sectors
for the expansion of transmission of emergency alerts to the public
through a public-private partnership. The working group shall
advise the secretary and assist in the development of policies,
procedures, and protocols that will lay the framework for an
improved warning system for the public.

(b) (1) The working group shall consist of the following
membership, to be appointed by the director:

(A) A representative of the Office of Emergency Services.

(B) A representative of the Attorney General’s office.

(C) A representative of the State Department of Public Health.

(D) A representative of the State Emergency Communications
Committee.

(E) A representative of the Los Angeles County Office of
Emergency Management, at the option of that agency.

(F) A representative or representatives of local government, at
the option of the local government or governments.

(G) Representatives of the private sector who possess
technology, experience, or insight that will aid in the development
of a public-private partnership to expand an alert system to the
public, including, but not limited to, representatives of providers
of mass communication systems, first responders, and broadcasters.

(H) Additional representatives of any public or private entity
as deemed appropriate by the director.

(2) In performing its duties, the working group shall consult
with the Federal Communications Commission, and with respect
to grants and fiscal matters, the Office of Emergency Services.

(c) The working group shall consider and make
recommendations with respect to all of the following:

(1) Private and public programs, including pilot projects that
attempt to integrate a public-private partnership to expand an alert
system.

(2) Protocols, including formats, source or originator
identification, threat severity, hazard description, and response
requirements or recommendations, for alerts to be transmitted via
an alert system that ensures that alerts are capable of being utilized
across the broadest variety of communication technologies, at state
and local levels.

(3) Protocols and guidelines to prioritize assurance of the
greatest level of interoperability for first responders and families
of first responders.

(4) Procedures for verifying, initiating, modifying, and canceling
alerts transmitted via an alert system.

(5) Guidelines for the technical capabilities of an alert system.

(6) Guidelines for technical capability that provides for the
priority transmission of alerts.

(7) Guidelines for other capabilities of an alert system.

(8) Standards for equipment and technologies used by an alert
system.

(9) Cost estimates.

(10) Standards and protocols in accordance with, or in
anticipation of, Federal Communications Commission requirements
and federal statutes or regulations.

(11) Liability issues.

(d) The director may accept private monetary or in-kind
donations for the purposes of this section.

begin delete SEC. 191. end delete
begin insert SEC. 166. end insert   

Section 8596 of the Government Code is amended
to read:

8596.  

(a) Each department, division, bureau, board,
commission, officer, and employee of this state shall render all
possible assistance to the Governor and to the Director of
Emergency Services in carrying out this chapter.

(b) In providing that assistance, state agencies shall cooperate
to the fullest possible extent with each other and with political
subdivisions, relief agencies, and the American National Red Cross,
but nothing contained in this chapter shall be construed to limit or
in any way affect the responsibilities of the American National
Red Cross under the federal act approved January 5, 1905 (33 Stat.
599), as amended.

(c) Entities providing disaster-related services and assistance
shall strive to ensure that all victims receive the assistance that
they need and for which they are eligible. Public employees shall
assist evacuees and other individuals in securing disaster-related
assistance and services without eliciting any information or
document that is not strictly necessary to determine eligibility
under state and federal laws. Nothing in this subdivision shall
prevent public employees from taking reasonable steps to protect
the health or safety of evacuees and other individuals during an
emergency.

(d) State personnel, equipment, and facilities may be used to
clear and dispose of debris on private property only after the
Governor finds: (1) that the use is for a state purpose; (2) that the
use is in the public interest, serving the general welfare of the state;
and (3) that the personnel, equipment, and facilities are already in
the emergency area.

begin delete SEC. 192. end delete
begin insert SEC. 167. end insert   

Section 8599 of the Government Code is amended
to read:

8599.  

The Office of Emergency Services shall develop a plan
for state and local governmental agencies to utilize volunteer
resources during a state of emergency proclaimed by the Governor.
The office shall consult with appropriate state and local
governmental agencies and volunteer organizations in the
development of this plan.

begin delete SEC. 193. end delete
begin insert SEC. 168. end insert   

Section 8600 of the Government Code is amended
to read:

8600.  

The Governor with the advice of the Office of Emergency
Services is hereby authorized and empowered to divide the state
into mutual aid regions for the more effective application,
administration, and coordination of mutual aid and other
emergency-related activities.

begin delete SEC. 194. end delete
begin insert SEC. 169. end insert   

Section 8607 of the Government Code is amended
to read:

8607.  

(a) The Office of Emergency Services, in coordination
with all interested state agencies with designated response roles
in the state emergency plan and interested local emergency
management agencies shall jointly establish by regulation a
standardized emergency management system for use by all
emergency response agencies. The public water systems identified
in Section 8607.2 may review and comment on these regulations
prior to adoption. This system shall be applicable, but not limited
to, those emergencies or disasters referenced in the state emergency
plan. The standardized emergency management system shall
include all of the following systems as a framework for responding
to and managing emergencies and disasters involving multiple
jurisdictions or multiple agency responses:

(1) The Incident Command Systems adapted from the systems
originally developed by the FIRESCOPE Program, including those
currently in use by state agencies.

(2) The multiagency coordination system as developed by the
FIRESCOPE Program.

(3) The mutual aid agreement, as defined in Section 8561, and
related mutual aid systems such as those used in law enforcement,
fire service, and coroners operations.

(4) The operational area concept, as defined in Section 8559.

(b) Individual agencies’ roles and responsibilities agreed upon
and contained in existing laws or the state emergency plan are not
superseded by this article.

(c) The Office of Emergency Services, in coordination with the
State Fire Marshal’s office, the Department of the California
Highway Patrol, the Commission on Peace Officer Standards and
Training, the Emergency Medical Services Authority, and all other
interested state agencies with designated response roles in the state
emergency plan, shall jointly develop an approved course of
instruction for use in training all emergency response personnel,
consisting of the concepts and procedures associated with the
standardized emergency management system described in
subdivision (a).

(d) All state agencies shall use the standardized emergency
management system as adopted pursuant to subdivision (a), to
coordinate multiple jurisdiction or multiple agency emergency and
disaster operations.

(e) (1) Each local agency, in order to be eligible for any funding
of response-related costs under disaster assistance programs, shall
use the standardized emergency management system as adopted
pursuant to subdivision (a) to coordinate multiple jurisdiction or
multiple agency operations.

(2) Notwithstanding paragraph (1), local agencies shall be
eligible for repair, renovation, or any other nonpersonnel costs
resulting from an emergency.

(f) The Office of Emergency Services shall, in cooperation with
involved state and local agencies, complete an after-action report
within 120 days after each declared disaster. This report shall
review public safety response and disaster recovery activities and
shall be made available to all interested public safety and
emergency management organizations.

begin delete SEC. 195. end delete
begin insert SEC. 170. end insert   

Section 8607.2 of the Government Code is amended
to read:

8607.2.  

(a) All public water systems, as defined in subdivision
(f) of Section 116275 of the Health and Safety Code, with 10,000
or more service connections shall review and revise their disaster
preparedness plans in conjunction with related agencies, including,
but not limited to, local fire departments and the Office of
Emergency Services to ensure that the plans are sufficient to
address possible disaster scenarios. These plans should examine
and review pumping station and distribution facility operations
during an emergency, water pressure at both pumping stations and
hydrants, and whether there is sufficient water reserve levels and
alternative emergency power, including, but not limited to, onsite
backup generators and portable generators.

(b) All public water systems, as defined in subdivision (f) of
Section 116275 of the Health and Safety Code, with 10,000 or
more service connections following a declared state of emergency
shall furnish an assessment of their emergency response and
recommendations to the Legislature within six months after each
disaster, as well as implementing the recommendations in a timely
manner.

(c) The Office of Emergency Services shall establish appropriate
and insofar as practical, emergency response and recovery plans,
including mutual aid plans, in coordination with public water
systems, as defined in subdivision (f) of Section 116275 of the
Health and Safety Code, with 10,000 or more service connections.

begin delete SEC. 196. end delete
begin insert SEC. 171. end insert   

Section 8608 of the Government Code is amended
to read:

8608.  

The Office of Emergency Services shall approve and
adopt, and incorporate the California Animal Response Emergency
System (CARES) program developed under the oversight of the
Department of Food and Agriculture into the standardized
emergency management system established pursuant to subdivision
(a) of Section 8607.

begin delete SEC. 197. end delete
begin insert SEC. 172. end insert   

Section 8610 of the Government Code is amended
to read:

8610.  

Counties, cities and counties, and cities may create
disaster councils by ordinance. A disaster council shall develop
plans for meeting any condition constituting a local emergency or
state of emergency, including, but not limited to, earthquakes,
natural or manmade disasters specific to that jurisdiction, or state
of war emergency; those plans shall provide for the effective
mobilization of all of the resources within the political subdivision,
both public and private. The disaster council shall supply a copy
of any plans developed pursuant to this section to the Office of
Emergency Services. The governing body of a county, city and
county, or city may, in the ordinance or by resolution adopted
pursuant to the ordinance, provide for the organization, powers
and duties, divisions, services, and staff of the emergency
organization. The governing body of a county, city and county, or
city may, by ordinance or resolution, authorize public officers,
employees, and registered volunteers to command the aid of
citizens when necessary in the execution of their duties during a
state of war emergency, a state of emergency, or a local emergency.

Counties, cities and counties, and cities may enact ordinances
and resolutions and either establish rules and regulations or
authorize disaster councils to recommend to the director of the
local emergency organization rules and regulations for dealing
with local emergencies that can be adequately dealt with locally;
and further may act to carry out mutual aid on a voluntary basis
and, to this end, may enter into agreements.

begin delete SEC. 198. end delete
begin insert SEC. 173. end insert   

Section 8610.3 of the Government Code is amended
to read:

8610.3.  

The Legislature hereby finds and declares as follows:

(a) The Office of Emergency Services, in consultation with the
State Department of Health begin insert Care end insert Services and affected counties,
investigated the consequences of a serious nuclear powerplant
accident for each of the nuclear powerplants in California with a
generating capacity of 50 megawatts or more.

(b) This study culminated in the establishment of emergency
planning zones for nuclear powerplant emergency preparedness.

(c) All state and local government nuclear powerplant
emergency response plans have been revised to reflect the
information provided in the study.

begin delete SEC. 199. end delete
begin insert SEC. 174. end insert   

Section 8610.5 of the Government Code is amended
to read:

8610.5.  

(a) For purposes of this section, the following
definitions shall apply:

(1) “Agency” or “office” means the Office of Emergency
Services.

(2) “Previous fiscal year” means the fiscal year immediately
prior to the current fiscal year.

(3) “Utility” means an “electrical corporation” as defined in
Section 218 of the Public Utilities Code, and “utilities” means
more than one electrical corporation.

(b) (1) State and local costs to carry out activities pursuant to
this section and Chapter 4 (commencing with Section 114650) of
Part 9 of Division 104 of the Health and Safety Code that are not
reimbursed by federal funds shall be borne by utilities operating
nuclear powerplants with a generating capacity of 50 megawatts
or more.

(2) The Public Utilities Commission shall develop and transmit
to the office an equitable method of assessing the utilities operating
the powerplants for their reasonable pro rata share of state agency
costs specified in paragraph (1).

(3) Each local government involved shall submit a statement
of its costs specified in paragraph (1), as required, to the office.

(4) Upon each utility’s notification by the office, from time to
time, of the amount of its share of the actual or anticipated state
and local agency costs, the utility shall pay this amount to the
Controller for deposit in the Nuclear Planning Assessment Special
Account, which is continued in existence, for allocation by the
Controller, upon appropriation by the Legislature, to carry out
activities pursuant to this section and Chapter 4 (commencing with
Section 114650) of Part 9 of Division 104 of the Health and Safety
Code. The Controller shall pay from this account the state and
local costs relative to carrying out this section and Chapter 4
(commencing with Section 114650) of Part 9 of Division 104 of
the Health and Safety Code, upon certification thereof by the office.

(5) Upon appropriation by the Legislature, the Controller may
disburse up to 80 percent of a fiscal year allocation from the
Nuclear Planning Assessment Special Account, in advance, for
anticipated local expenses, as certified by the agency pursuant to
paragraph (4). The office shall review program expenditures related
to the balance of funds in the account and the Controller shall pay
the portion, or the entire balance, of the account, based upon those
approved expenditures.

(c) (1) The total annual disbursement of state costs from the
utilities operating the nuclear powerplants within the state for
activities pursuant to this section and Chapter 4 (commencing with
Section 114650) of Part 9 of Division 104 of the Health and Safety
Code, shall not exceed the lesser of the actual costs or the
maximum funding levels established in this section, subject to
subdivisions (e) and (f), to be shared equally among the utilities.

(2) Of the annual amount of two million forty-seven thousand
dollars ($2,047,000) for the 2009-10 fiscal year, the sum of one
million ninety-four thousand dollars ($1,094,000) shall be for
support of the office for activities pursuant to this section and
Chapter 4 (commencing with Section 114650) of Part 9 of Division
104 of the Health and Safety Code, and the sum of nine hundred
fifty-three thousand dollars ($953,000) shall be for support of the
State Department of Public Health for activities pursuant to this
section and Chapter 4 (commencing with Section 114650) of Part
9 of Division 104 of the Health and Safety Code.

(d) (1) The total annual disbursement for each fiscal year,
commencing July 1, 2009, of local costs from the utilities shall
not exceed the lesser of the actual costs or the maximum funding
levels established in this section, in support of activities pursuant
to this section and Chapter 4 (commencing with Section 114650)
of Part 9 of Division 104 of the Health and Safety Code. The
maximum annual amount available for disbursement for local
costs, subject to subdivisions (e) and (f), shall, for the fiscal year
beginning July 1, 2009, be one million seven hundred thirty-two
thousand dollars ($1,732,000) for the Diablo Canyon site and one
million six hundred thousand dollars ($1,600,000) for the San
Onofre site.

(2) The amounts paid by the utilities under this section shall be
allowed for ratemaking purposes by the Public Utilities
Commission.

(e) (1) Except as provided in paragraph (2), the amounts
available for disbursement for state and local costs as specified in
this section shall be adjusted and compounded each fiscal year by
the percentage increase in the California Consumer Price Index of
the previous fiscal year.

(2) For the Diablo Canyon site, the amounts available for
disbursement for state and local costs as specified in this section
shall be adjusted and compounded each fiscal year by the larger
of the percentage change in the prevailing wage for San Luis
Obispo County employees, not to exceed 5 percent, or the
percentage increase in the California Consumer Price Index from
the previous fiscal year.

(f) Through the inoperative date specified in subdivision (g),
the amounts available for disbursement for state and local costs
as specified in this section shall be cumulative biennially. Any
unexpended funds from a year shall be carried over for one year.
The funds carried over from the previous year may be expended
when the current year’s funding cap is exceeded.

(g) This section shall become inoperative on July 1, 2019, and,
as of January 1, 2020, is repealed, unless a later enacted statute,
which becomes effective on or before July 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.

(h) Upon inoperation of this section, any amounts remaining in
the special account shall be refunded pro rata to the utilities
contributing thereto, to be credited to the utility’s ratepayers.

begin delete SEC. 200. end delete
begin insert SEC. 175. end insert   

Section 8612 of the Government Code is amended
to read:

8612.  

Any disaster council that both agrees to follow the rules
and regulations established by the Office of Emergency Services
pursuant to Section 8585.5 and substantially complies with those
rules and regulations shall be certified by the office. Upon that
certification, and not before, the disaster council becomes an
accredited disaster council.

begin delete SEC. 201. end delete
begin insert SEC. 176. end insert   

Section 8613 of the Government Code is amended
to read:

8613.  

Should an accredited disaster council fail to comply with
the rules and regulations of the Office of Emergency Services in
any material degree, the office may revoke its certification and,
upon the act of revocation, the disaster council shall lose its
accredited status. It may again become an accredited disaster
council in the same manner as is provided for a disaster council
that has not previously been accredited.

begin delete SEC. 202. end delete
begin insert SEC. 177. end insert   

Section 8614 of the Government Code is amended
to read:

8614.  

(a) Each department, division, bureau, board,
commission, officer, and employee of each political subdivision
of the state shall render all possible assistance to the Governor and
to the Director of Emergency Services in carrying out this chapter.

(b) The emergency power that may be vested in a local public
official during a state of war emergency or a state of emergency
shall be subject or subordinate to the powers vested in the Governor
under this chapter when exercised by the Governor.

(c) Ordinances, orders, and regulations of a political subdivision
shall continue in effect during a state of war emergency or a state
of emergency, except as to any provision suspended or superseded
by an order or regulation issued by the Governor.

begin delete SEC. 203. end delete
begin insert SEC. 178. end insert   

Section 8639 of the Government Code is amended
to read:

8639.  

The qualifications of each standby officer should be
carefully investigated, and the governing body may request the
Director of Emergency Services to aid in the investigation of any
prospective appointee. No examination or investigation shall be
made without the consent of the prospective appointee.

Consideration shall be given to places of residence and work,
so that for each office for which standby officers are appointed
there shall be the greatest probability of survivorship. Standby
officers may be residents or officers of a political subdivision other
than that to which they are appointed as standby officers.

begin delete SEC. 204. end delete
begin insert SEC. 179. end insert   

Section 8649 of the Government Code is amended
to read:

8649.  

Subject to the approval of the Department of Finance,
any state agency may use its personnel, property, equipment, and
appropriations for carrying out the purposes of this chapter, and
in that connection may loan personnel to the Office of Emergency
Services. The Department of Finance shall determine whether
reimbursement shall be made to any state agency for expenditures
heretofore or hereafter made or incurred for those purposes from
any appropriation available for the Office of Emergency Services,
except that as to any expenditure made or incurred by any state
agency the funds of which are subject to constitutional restriction
that would prohibit their use for those purposes, that reimbursement
shall be provided and the original expenditure shall be considered
a temporary loan to the General Fund.

begin delete SEC. 205. end delete
begin insert SEC. 180. end insert   

Section 8651 of the Government Code is amended
to read:

8651.  

The Director of Emergency Services may procure from
the federal government or any of its agencies such surplus
equipment, apparatus, supplies, and storage facilities therefor as
may be necessary to accomplish the purposes of this chapter.

begin delete SEC. 206. end delete
begin insert SEC. 181. end insert   

Section 8657 of the Government Code is amended
to read:

8657.  

(a) Volunteers duly enrolled or registered with the Office
of Emergency Services or any disaster council of any political
subdivision, or unregistered persons duly impressed into service
during a state of war emergency, a state of emergency, or a local
emergency, in carrying out, complying with, or attempting to
comply with, any order or regulation issued or promulgated
pursuant to the provisions of this chapter or any local ordinance,
or performing any of their authorized functions or duties or training
for the performance of their authorized functions or duties, shall
have the same degree of responsibility for their actions and enjoy
the same immunities as officers and employees of the state and its
political subdivisions performing similar work for their respective
entities.

(b) No political subdivision or other public agency under any
circumstances, nor the officers, employees, agents, or duly enrolled
or registered volunteers thereof, or unregistered persons duly
impressed into service during a state of war emergency, a state of
emergency, or a local emergency, acting within the scope of their
official duties under this chapter or any local ordinance shall be
liable for personal injury or property damage sustained by any
duly enrolled or registered volunteer engaged in or training for
emergency preparedness or relief activity, or by any unregistered
person duly impressed into service during a state of war emergency,
a state of emergency, or a local emergency and engaged in such
service. The foregoing shall not affect the right of any such person
to receive benefits or compensation which may be specifically
provided by the provisions of any federal or state statute nor shall
it affect the right of any person to recover under the terms of any
policy of insurance.

(c) The California Earthquake Prediction Evaluation Council,
an advisory committee established pursuant to Section 8590 of
this chapter, may advise the Governor of the existence of an
earthquake or volcanic prediction having scientific validity. In its
review, hearings, deliberations, or other validation procedures,
members of the council, jointly and severally, shall have the same
degree of responsibility for their actions and enjoy the same
immunities as officers and employees of the state and its political
subdivisions engaged in similar work in their respective entities.
Any person making a presentation to the council as part of the
council’s validation process, including presentation of a prediction
for validation, shall be deemed a member of the council until the
council has found the prediction to have or not have scientific
validity.

begin delete SEC. 207. end delete
begin insert SEC. 182. end insert   

Section 8657.5 of the Government Code is amended
to read:

8657.5.  

(a) (1) A private business included on the statewide
registry pursuant to Section 8588.2 that voluntarily and without
expectation and receipt of compensation donates services, goods,
labor, equipment, resources, or dispensaries or other facilities, in
compliance with Section 8588.2, during a declared state of war,
state of emergency, or state of local emergency shall not be civilly
liable for a death, injury, illness, or other damage to a person or
property caused by the private business’s donation of services,
goods, labor, equipment, resources, or dispensaries or other
facilities.

(2) A private business included on the statewide registry that
voluntarily and without expectation and receipt of compensation
donates services, goods, labor, equipment, resources, or
dispensaries or other facilities, in compliance with Section 8588.2,
during an emergency medical services training program conducted
by the Office of Emergency Services and a city, a county, or a city
and county shall not be civilly liable for damages alleged to have
resulted from those training programs, as described in Section
1799.100 of the Health and Safety Code.

(b) (1) A nonprofit organization included on the statewide
registry pursuant to Section 8588.2 that voluntarily and without
expectation and receipt of compensation from victims of
emergencies and disasters donates services, goods, labor,
equipment, resources, or dispensaries or other facilities, in
compliance with Section 8588.2, during a declared state of war,
state of emergency, or state of local emergency shall not be civilly
liable for a death, injury, illness, or other damage to a person or
property caused by the nonprofit organization’s donation of
services, goods, labor, equipment, resources, or dispensaries or
other facilities.

(2) A nonprofit organization included on the statewide registry
that voluntarily and without expectation and receipt of
compensation donates services, goods, labor, equipment, resources,
or dispensaries or other facilities, in compliance with Section
8588.2, during an emergency medical services training program
conducted by the Office of Emergency Services and a city, a
county, or a city and county, shall not be civilly liable for damages
alleged to have resulted from those training programs, as described
in Section 1799.100 of the Health and Safety Code.

(c) A private business or nonprofit organization that
discriminates against a victim of an emergency or disaster based
on a protected classification under federal or state law shall not be
entitled to the protections in subdivision (a) or (b).

(d) This section shall not relieve a private business or nonprofit
organization from liability caused by its grossly negligent act or
omission, or willful or wanton misconduct.

begin delete SEC. 208. end delete
begin insert SEC. 183. end insert   

Section 8670.20 of the Government Code is amended
to read:

8670.20.  

(a) For the purposes of this section, “vessel” means
a vessel, as defined in Section 21 of the Harbors and Navigation
Code, of 300 gross registered tons or more.

(b) Any party responsible for a vessel shall notify the Coast
Guard within one hour of a disability if the disabled vessel is within
12 miles of the shore of this state. The administrator and the Office
of Emergency Services shall request the Coast Guard to notify the
Office of Emergency Services as soon as possible after the Coast
Guard receives notice of a disabled vessel within 12 miles of the
shore of this state. The administrator shall attempt to negotiate an
agreement with the Coast Guard governing procedures for Coast
Guard notification to the state regarding disabled vessels.

(c) Whenever the Office of Emergency Services receives notice
of a disabled vessel, the office shall immediately notify the
administrator. If the administrator receives notice from any other
source regarding the presence of a disabled vessel within 12 miles
of the shore of this state, the administrator shall immediately notify
the Office of Emergency Services.

(d) For the purposes of this section, a vessel shall be considered
disabled if any of the following occurs:

(1) Any accidental or intentional grounding that creates a hazard
to the environment or the safety of the vessel.

(2) Loss of main propulsion or primary steering or any
component or control system that causes a reduction in the
maneuvering capabilities of the vessel. For the purposes of this
paragraph, “loss” means that any system, component, part,
subsystem, or control system does not perform the specified or
required function.

(3) An occurrence materially and adversely affecting the vessel’s
seaworthiness or fitness for service, including, but not limited to,
fire, flooding, or collision with another vessel.

(4) Any occurrence not meeting the above criteria, but that
creates the serious possibility of an oil spill or an occurrence that
may result in an oil spill.

(e) For the purposes of this section, a tank barge shall be
considered disabled if any of the following occur:

(1) The towing mechanism becomes disabled.

(2) The tugboat towing the tank barge becomes disabled through
occurrences specified in subdivision (d).

begin delete SEC. 209. end delete
begin insert SEC. 184. end insert   

Section 8670.25.5 of the Government Code is
amended to read:

8670.25.5.  

(a) (1) Without regard to intent or negligence, any
party responsible for the discharge or threatened discharge of oil
in marine waters shall report the discharge immediately to the
Office of Emergency Services pursuant to Section 25507 of the
Health and Safety Code.

(2) If the information initially reported pursuant to paragraph
(1) was inaccurate or incomplete, or if the quantity of oil discharged
has changed, any party responsible for the discharge or threatened
discharge of oil in marine waters shall report the updated
information immediately to the Office of Emergency Services
pursuant to paragraph (1). The report shall contain the accurate or
complete information, or the revised quantity of oil discharged.

(b) Immediately upon receiving notification pursuant to
subdivision (a), the Office of Emergency Services shall notify the
administrator, the State Lands Commission, the California Coastal
Commission, the California regional water quality control board
having jurisdiction over the location of the discharged oil, and the
appropriate local governmental agencies in the area surrounding
the discharged oil, and take the actions required by subdivision
(d) of Section 8589.7. If the spill has occurred within the
jurisdiction of the San Francisco Bay Conservation and
Development Commission, the Office of Emergency Services shall
notify that commission. Each public agency specified in this
subdivision shall adopt an internal protocol over communications
regarding the discharge of oil and file the internal protocol with
the Office of Emergency Services.

(c) The 24-hour emergency telephone number of the Office of
Emergency Services shall be posted at every terminal, at the area
of control of every marine facility, and on the bridge of every
tankship in marine waters.

(d) This section does not apply to discharges, or potential
discharges, of less than one barrel (42 gallons) of oil unless a more
restrictive reporting standard is adopted in the California oil spill
contingency plan prepared pursuant to Section 8574.1.

(e) Except as otherwise provided in this section and Section
8589.7, a notification made pursuant to this section shall satisfy
any immediate notification requirement contained in any permit
issued by a permitting agency.

begin delete SEC. 210. end delete
begin insert SEC. 185. end insert   

Section 8670.26 of the Government Code is amended
to read:

8670.26.  

Any local or state agency responding to a spill of oil
shall notify the Office of Emergency Services, if notification as
required under Section 8670.25.5, Section 13272 of the Water
Code, or any other notification procedure adopted in the California
oil spill contingency plan has not occurred.

begin delete SEC. 211. end delete
begin insert SEC. 186. end insert   

Section 8670.64 of the Government Code is amended
to read:

8670.64.  

(a) A person who commits any of the following acts,
shall, upon conviction, be punished by imprisonment in a county
jail for not more than one year or by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code:

(1) Except as provided in Section 8670.27, knowingly fails to
follow the direction or orders of the administrator in connection
with an oil spill.

(2) Knowingly fails to notify the Coast Guard that a vessel is
disabled within one hour of the disability and the vessel, while
disabled, causes a discharge of oil which enters marine waters.
For the purposes of this paragraph, “vessel” means a vessel, as
defined in Section 21 of the Harbors and Navigation Code, of 300
gross registered tons or more.

(3) Knowingly engages in or causes the discharge or spill of oil
into marine waters, or a person who reasonably should have known
that he or she was engaging in or causing the discharge or spill of
oil into marine waters, unless the discharge is authorized by the
United States, the state, or another agency with appropriate
jurisdiction.

(4) Knowingly fails to begin cleanup, abatement, or removal of
spilled oil as required in Section 8670.25.

(b) The court shall also impose upon a person convicted of
violating subdivision (a), a fine of not less than five thousand
dollars ($5,000) or more than five hundred thousand dollars
($500,000) for each violation. For purposes of this subdivision,
each day or partial day that a violation occurs is a separate
violation.

(c) (1) A person who knowingly does any of the acts specified
in paragraph (2) shall, upon conviction, be punished by a fine of
not less than two thousand five hundred dollars ($2,500) or more
than two hundred fifty thousand dollars ($250,000), or by
imprisonment in a county jail for not more than one year, or by
both the fine and imprisonment. Each day or partial day that a
violation occurs is a separate violation. If the conviction is for a
second or subsequent violation of this subdivision, the person shall
be punished by imprisonment pursuant to subdivision (h) of Section
1170 of the Penal Code, or in a county jail for not more than one
year, or by a fine of not less than five thousand dollars ($5,000)
or more than five hundred thousand dollars ($500,000), or by both
that fine and imprisonment:

(2) The acts subject to this subdivision are all of the following:

(A) Failing to notify the Office of Emergency Services in
violation of Section 8670.25.5.

(B) Knowingly making a false or misleading marine oil spill
report to the Office of Emergency Services.

(C) Continuing operations for which an oil spill contingency
plan is required without an oil spill contingency plan approved
pursuant to Article 5 (commencing with Section 8670.28).

(D) Except as provided in Section 8670.27, knowingly failing
to follow the material provisions of an applicable oil spill
contingency plan.

begin delete SEC. 212. end delete
begin insert SEC. 187. end insert   

Section 8680.7 of the Government Code is amended
to read:

8680.7.  

“Director” means the Director of Emergency Services.

begin delete SEC. 213. end delete
begin insert SEC. 188. end insert   

Section 8682 of the Government Code is amended
to read:

8682.  

The director shall administer this chapter. The director
may delegate any power or duty vested in him or her under this
chapter to a state agency or to any other officer or employee of
the Office of Emergency Services.

begin delete SEC. 214. end delete
begin insert SEC. 189. end insert   

Section 8682.2 of the Government Code is amended
to read:

8682.2.  

To the extent that funds are allocated therefor, a state
agency, when requested by the director, shall render services and
perform duties within its area of responsibility when considered
necessary to carry out the purposes of this chapter.

begin delete SEC. 215. end delete
begin insert SEC. 190. end insert   

Section 8682.6 of the Government Code is amended
to read:

8682.6.  

The project proposal executed between a local agency
and the director pursuant to Section 8685.6 shall contain a
provision under which the local agency agrees to hold the state
harmless from damages due to the work for which funds are
allocated.

begin delete SEC. 216. end delete
begin insert SEC. 191. end insert   

Section 8682.8 of the Government Code is amended
to read:

8682.8.  

When certified by the director, claims of local agencies
for payment shall be presented to the Controller for payment out
of funds made available therefor. The director may request the
Controller to audit any claim to ensure that funds were expended
in accordance with the requirements and purposes of this chapter.

begin delete SEC. 217. end delete
begin insert SEC. 192. end insert   

Section 8682.9 of the Government Code is amended
to read:

8682.9.  

The director shall adopt regulations, as necessary, to
govern the administration of the disaster assistance program
authorized by this chapter in accordance with the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3). These regulations shall include specific
project eligibility requirements, a procedure for local governments
to request the implementation of programs under this chapter, and
a method for evaluating these requests by the Office of Emergency
Services.

begin delete SEC. 218. end delete
begin insert SEC. 193. end insert   

Section 8685 of the Government Code is amended
to read:

8685.  

From any moneys appropriated for that purpose, and
subject to the conditions specified in this article, the director shall
allocate funds to meet the cost of any one or more projects as
defined in Section 8680.4. Applications by school districts shall
be submitted to the Superintendent of Public Instruction for review
and approval, in accordance with instructions or regulations
developed by the Office of Emergency Services, prior to the
allocation of funds by the director.

Moneys appropriated for the purposes of this chapter may be
used to provide financial assistance for the following local agency
and state costs:

(a) Local agency personnel costs, equipment costs, and the cost
of supplies and materials used during disaster response activities,
incurred as a result of a state of emergency proclaimed by the
Governor, excluding the normal hourly wage costs of employees
engaged in emergency work activities.

(b) To repair, restore, reconstruct, or replace facilities belonging
to local agencies damaged as a result of disasters as defined in
Section 8680.3. Mitigation measures performed pursuant to
subdivision (b) of Section 8686.4 shall qualify for funding pursuant
to this chapter.

(c) Matching fund assistance for cost sharing required under
federal disaster assistance programs, as otherwise eligible under
this act.

(d) Indirect administrative costs and any other assistance deemed
necessary by the director.

(e) Necessary and required site preparation costs for
mobilehomes, travel trailers, and other manufactured housing units
provided and operated by the Federal Emergency Management
Agency.

begin delete SEC. 219. end delete
begin insert SEC. 194. end insert   

Section 8685.2 of the Government Code is amended
to read:

8685.2.  

An allocation may be made to a local agency for a
project when, within 10 days after the actual occurrence of a
disaster, the local agency has proclaimed a local emergency and
that proclamation is acceptable to the director or upon the order
of the Governor when a state of emergency proclamation has been
issued, and if the Legislature has appropriated money for allocation
for purposes of this chapter.

begin delete SEC. 220. end delete
begin insert SEC. 195. end insert   

Section 8685.4 of the Government Code is amended
to read:

8685.4.  

A local agency shall make application to the director
for state financial assistance within 60 days after the date of the
proclamation of a local emergency. The director may extend the
time for this filing only under unusual circumstances. No financial
aid shall be provided until a state agency, upon the request of the
director, has first investigated and reported upon the proposed
work, has estimated the cost of the work, and has filed its report
with the director within 60 days from the date the local agency
made application, unless the director extends the time because of
unusual circumstances. The estimate of cost of the work may
include expenditures made by the local agency for the work prior
to the making of the estimate. If the reporting state agency fails to
report its findings within the 60-day period, and time is not
extended by the director, the director may complete the
investigation and recover a proportionate amount allocated to the
state agency for the balance of the investigation. “Unusual
circumstances,” as used above, are unavoidable delays that result
from recurrence of a disaster, prolonged severe weather within a
one-year period, or other conditions beyond the control of the
applicant. Delays resulting from administrative procedures are not
unusual circumstances which warrant extensions of time.

begin delete SEC. 221. end delete
begin insert SEC. 196. end insert   

Section 8685.6 of the Government Code is amended
to read:

8685.6.  

No money shall be allocated for a project until the
local agency has indicated in writing its acceptance of the project
proposal and the cost-sharing related thereto in such form as the
director prescribes. The project proposal shall provide for the
performance of the work by the local agency, or by the state agency
in whose area of responsibility such work falls, if the local agency
and such state agency determine that the work should be performed
by the state agency. The project proposal shall also provide for the
methods of handling the funds allocated and the matching funds
provided by the local agency. It shall also contain such other
provisions as are deemed necessary to assure completion of the
work included in the project and the proper expenditure of funds
as provided herein.

begin delete SEC. 222. end delete
begin insert SEC. 197. end insert   

Section 8685.8 of the Government Code is amended
to read:

8685.8.  

Under procedures to be prescribed by the director, a
local agency may receive an advance of funds to initiate a project.
Such advances shall be limited to not more than 90 percent of the
estimated state’s share of the project, as determined pursuant to
Section 8686.

begin delete SEC. 223. end delete
begin insert SEC. 198. end insert   

Section 8686.2 of the Government Code is amended
to read:

8686.2.  

When the United States or any agency thereof is to
provide disaster relief funds for any portion of the cost of a project,
the amount so provided shall be deducted from the cost of the
project in determining the amount to be allocated by the state and
the amount to be contributed by the local agency under Section
8686. It shall not be required that the disaster relief funds to be
provided from federal sources shall be paid into the State Treasury,
but the secretary shall, if state funds are available, authorize the
work to be commenced when the director has received assurance,
adequate in his or her opinion, that the federal disaster relief
matching funds will be made available for expenditure for the
work, or for payment to the state for performance thereof.

begin delete SEC. 224. end delete
begin insert SEC. 199. end insert   

Section 8686.3 of the Government Code is amended
to read:

8686.3.  

Local agencies shall undertake to recover maximum
federal participation in funding projects. No funds allocated under
this chapter shall be used to supplant federal funds otherwise
available in the absence of state financial relief. State contributions
for such projects as determined by Section 8686 will be reduced
by an amount equal to the amount local agencies would have
recovered from federal disaster relief sources if they had applied
for that funding and had executed the eligible projects in
conformity with federal requirements. When a local agency applies
for federal disaster relief funds, the director shall inform the agency
of available state funds.

begin delete SEC. 225. end delete
begin insert SEC. 200. end insert   

Section 8686.4 of the Government Code is amended
to read:

8686.4.  

(a) Whenever the local agency and the director
determine for projects that the general public and state interest will
be better served by replacing a damaged or destroyed facility with
a facility that will more adequately serve the present and future
public needs than would be accomplished merely by repairing or
restoring the damaged or destroyed facility, the director shall
authorize the replacement, including, in the case of a public
building, an increase in the square footage of the building replaced,
but the cost of the betterment of the facility, to the extent that it
exceeds the cost of repairing or restoring the damaged or destroyed
facility, shall be borne and contributed by the local agency, and
the excess cost shall be excluded in determining the amount to be
allocated by the state. The state contribution shall not exceed the
net cost of restoring each facility on the basis of the design of the
facility as it existed immediately prior to the disaster in conformity
with current codes, specifications, and standards.

(b) Notwithstanding subdivision (a), when the director
determines there are mitigation measures that are cost effective
and that substantially reduce the risk of future damage, hardship,
loss, or suffering in any area where a state of emergency has been
proclaimed by the Governor, the director may authorize the
implementation of those measures.

begin delete SEC. 226. end delete
begin insert SEC. 201. end insert   

Section 8686.8 of the Government Code is amended
to read:

8686.8.  

If the director determines that a local agency is
financially unable to meet the matching requirements set forth in
Section 8686, or unable to provide funds for replacement of a
facility pursuant to Section 8686.4, the director may, if that loan
would not result in a violation of Section 18 of Article XVI of the
California Constitution and out of any state money made available
for purposes of this chapter, lend funds, for the completion of a
project or projects. The local agency shall be required by the
director to make its contribution by means of deferred payments.
The deferred payments shall be made in the amounts and at the
times provided by the agreement executed in connection with the
application, but in any event providing full repayment within 10
years, and shall include a charge to be fixed by the director in an
amount estimated by him or her to equal the revenue that the state
would have derived by investing the total amounts loaned at the
interest rate prevailing for legal state investments as of the date of
the loan.

begin delete SEC. 227. end delete
begin insert SEC. 202. end insert   

Section 8687 of the Government Code is amended
to read:

8687.  

Deferred payments made by a local agency pursuant to
Section 8686.8 shall be made by the agency:

(a) Out of the current revenues of the local agency.

(b) If the current revenues of a city, county, or city and county,
prove insufficient to enable the agency to meet the payments, the
director may order the State Controller to withhold from the local
agency funds that the local agency would be entitled from the state,
including, as to street and highway projects as defined by Sections
590 and 592 of the Vehicle Code, from the Motor Vehicle License
Fee Fund to the extent necessary to meet the deficiency.

Those sums shall be credited to the funds in the State Treasury
from which the loans were made.

begin delete SEC. 228. end delete
begin insert SEC. 203. end insert   

Section 8687.2 of the Government Code is amended
to read:

8687.2.  

Notwithstanding Section 8686, whenever the director
determines that a local agency to which funds are proposed to be
allocated for a public facilities project is financially unable to meet
the matching requirements set forth in Section 8686 due to
exhaustion of its financial resources because of disaster
expenditures, the provisions of Section 8686 may be suspended,
and the director may allocate funds to pay all of the cost of the
project or that portion of the cost which the director determines is
necessary to accomplish the project, taking into consideration the
financial ability of the local agency to meet the matching
requirements of Section 8686 and the public benefit of the proposed
work, less any money provided by the United States or any agency
thereof for any portion of the cost of the project.

begin delete SEC. 229. end delete
begin insert SEC. 204. end insert   

Section 8687.4 of the Government Code is amended
to read:

8687.4.  

Whenever the director determines that a local agency
which would otherwise be eligible for funds under the formula of
Section 8686 is unable to finance a project due to exhaustion of
its financial resources because of disaster expenditures, the director
may allocate funds to pay such portion of the cost of the project
as the director determines is necessary to accomplish the projects.

begin delete SEC. 230. end delete
begin insert SEC. 205. end insert   

Section 8687.7 of the Government Code is amended
to read:

8687.7.  

(a) As used in this section, the following terms have
the following meanings:

(1) “Agency” or “office” means the Office of Emergency
Services.

(2) “Community” means a geographic area impacted by an
emergency proclaimed by the Governor that includes the
jurisdiction of one or more local agencies.

(3) “Community recovery partners” means local, state, and
federal agencies, private nonprofit organizations, nongovernmental
agencies, faith-based organizations, and other private entities.

(b) The office may establish a model process that would be
made available to assist a community in recovering from an
emergency proclaimed by the Governor. The model process may
include the following:

(1) The role of the office in the community recovery process.

(2) Procedures for the office to have representation onsite as
soon as practicable after the Governor proclaims a state of
emergency.

(3) The role of the office to facilitate the use of temporary
services, including, but not limited to, direct assistance to
individuals, families, and businesses, crisis counseling, disaster
unemployment assistance, food and clothing vouchers,
communications systems, replacement of personal identification
documents, provision of potable water, housing, farm service
assistance, tax relief, insurance, and legal services.

(4) The role of the office to facilitate the establishment of
temporary structures, including local assistance centers, showers
and bathroom facilities, and temporary administrative offices.

(5) Measures to encourage the participation of nongovernmental
organizations in the community recovery process to supplement
recovery activities undertaken by federal or local agencies.

(6) The office may refer the model process to the standardized
Emergency Management System (SEMS) Advisory Board, or any
other advisory board it deems appropriate, for review and
modifications.

(7) It is the intent of the Legislature that the model process
assists and complements local procedures. The model process
should allow the office to offer additional assistance when that
assistance is needed but not available through local agencies.

begin delete SEC. 231. end delete
begin insert SEC. 206. end insert   

Section 8692 of the Government Code is amended
to read:

8692.  

(a) If a state of emergency is proclaimed, an eligible
private nonprofit organization may receive state assistance for
distribution of supplies and other disaster or emergency assistance
activities resulting in extraordinary cost.

(b) A private nonprofit organization is eligible for assistance
under this section if it is eligible for disaster assistance under the
federal Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. Sec. 5121).

(c) An organization is not eligible for assistance under this
section if it employs religious content in the provision of
emergency assistance.

(d)  Any grant of assistance under this section shall comply with
Section 4 of Article I and Section 5 of Article XVI of the California
Constitution, state and federal civil rights laws, and the First
Amendment to the United States Constitution in regard to the
funding of religious organizations and activities. These legal
constraints include prohibitions on the discrimination against
beneficiaries and staff based on protected categories, on the use
of public funds for proselytizing of religious doctrine, religious
instruction, or worship, and on the use of other religious means to
accomplish programmatic goals.

(e) The Office of Emergency Services shall adopt regulations
to implement this section.

begin delete SEC. 232. end delete
begin insert SEC. 207. end insert   

Section 8696.5 of the Government Code is amended
to read:

8696.5.  

As used in this chapter, the term “disaster” means those
conditions specified in subdivisions (b) and (c) of Section 8558 if
the estimated damage exceeds three billion dollars
($3,000,000,000) or the Governor orders the Director of Emergency
Services to carry out the provisions of this chapter.

begin delete SEC. 233. end delete
begin insert SEC. 208. end insert   

Section 8697 of the Government Code is amended
to read:

8697.  

(a) Upon the completion of the emergency phase and
the immediate recovery phase of a disaster, appropriate state
agencies shall take actions to provide continuity of effort conducive
to long-range economic recovery.

(b) The Director of Emergency Services shall invoke the
assignments made pursuant to Section 8595, specifying the
emergency functions of each agency or department.

(c) The Director of Emergency Services may make assignments
to assist local agencies in implementing Chapter 12.4 (commencing
with Section 8877.1).

begin delete SEC. 234. end delete
begin insert SEC. 209. end insert   

Section 8697.5 of the Government Code is amended
to read:

8697.5.  

The Director of Emergency Services, in executing the
purposes of this chapter, shall establish appropriate task forces or
emergency teams to include concerned elements of federal, state,
and local governments and the private sector.

begin delete SEC. 235. end delete
begin insert SEC. 210. end insert   

Section 8711 of the Government Code is amended
to read:

8711.  

(a) The California-Mexico Border Relations Council is
hereby established in state government. The council shall consist
of the Secretary of the Natural Resources Agency, the Secretary
for Environmental Protection, the Secretary of Health and Human
Services, the Secretary of Transportation, the Secretary of Food
and Agriculture, and the Director of Emergency Services.

(b) The Secretary for Environmental Protection shall chair the
council.

begin delete SEC. 236. end delete
begin insert SEC. 211. end insert   

Section 8840 of the Government Code is amended
to read:

8840.  

For purposes of this article, “eligible radio station” means
a radio station that, at the time of applying for a grant under this
article, meets both of the following requirements:

(a) It has met all of the following requirements for a period of
two years unless another time is specified:

(1) It is licensed by the Federal Communications Commission
as a noncommercial educational station, or is operating under
program test authority pending the grant of a license.

(2) It has its community of license and principal administrative
offices in this state and is not owned, controlled, managed, or
primarily financed by any corporation or entity outside of this
state.

(3) It provides a program service that meets the requirements
for a Community Service Grant from the Corporation for Public
Broadcasting.

(4) It provides significant locally originated programming in its
community of license.

(5) It broadcasts not less than 15 hours per day, 365 days per
year.

(6) It participates in statewide public broadcasting projects.

(7) It has provided, prior to its application for a grant under this
article, an audited financial statement for the years on which the
grant is based.

(8) It does either of the following:

(A) Meets the criteria for receipt of a Community Service Grant
from the Corporation for Public Broadcasting that were in effect
on June 30, 1995.

(B) Two months prior to applying for a grant, the station has a
full-time staff of at least one professional paid not less than the
California minimum wage, and is certified by the council as
providing a needed service to its community of license.

(b) It enters into a permanent agreement with the Office of
Emergency Services to dedicate, as necessary, a broadcast channel
for the provision of emergency information, to broadcast that
information, and to ensure that it is presented in a format that
makes it accessible to the deaf, hearing-impaired, and
non-English-speaking populations throughout its broadcast area,
including rural and isolated populations.

begin delete SEC. 237. end delete
begin insert SEC. 212. end insert   

Section 8841 of the Government Code is amended
to read:

8841.  

For purposes of this article, “eligible television station”
means a television station that, at the time of applying for a grant
under this article, unless another time is specified, meets all of the
following requirements:

(a) It has met all of the following requirements for a period of
two years:

(1) It is licensed by the Federal Communications Commission
as a noncommercial educational television station, or is operating
under program test authority pending the grant of a license.

(2) It has its community of license and principal administrative
offices in this state, and is not owned, controlled, managed, or
primarily financed by any corporation or entity outside of this
state.

(3) It provides a program service that meets the requirements
for a Community Service Grant from the Corporation for Public
Broadcasting.

(4) It provides substantial and significant locally originated
programming in its community of license.

(5) It broadcasts not less than 2,500 hours per year.

(6) It participates in statewide public broadcasting projects.

(7) It meets the criteria for receipt of a Community Service
Grant or base grant from the Corporation for Public Broadcasting
that were in effect on June 30, 1994.

(8) It has provided, prior to its application for a grant under this
article, an audited financial statement for the years on which the
grant is based.

(b) It enters into a permanent agreement with the Office of
Emergency Services to dedicate, as necessary, a broadcast channel
for the provision of emergency information, to broadcast that
information, and to ensure that it is presented in a format that
makes it accessible to the deaf, hearing-impaired, and
non-English-speaking populations throughout its broadcast area,
including rural and isolated populations.

(c) At the time of disbursement of the funds, it certifies in
writing by the station manager or an officer of the licensee that it
has in its public file a plan to address the needs of significant
linguistic minorities in its service area.

begin delete SEC. 238. end delete
begin insert SEC. 213. end insert   

Section 8844 of the Government Code is amended
to read:

8844.  

(a) Recognizing the necessity of converting California
stations to the technologies of digital broadcasting, the Legislature
intends that funds may be appropriated to the Office of Emergency
Services for the purchase of equipment by eligible stations, the
installation of that equipment, or purchase of other materials related
to that equipment, pursuant to this article.

(b) The office shall solicit applications for grant funds from
eligible stations throughout the state, and shall allocate funds
appropriated pursuant to subdivision (a) as follows:

(1) Seventy-five percent of any equipment purchase funds
appropriated pursuant to subdivision (a) shall be placed in an
equipment grant pool for eligible television stations, and 25 percent
shall be placed in an equipment grant pool for eligible radio
stations.

(2) Fifty percent of the funds in each grant pool shall be divided
equally among the stations in that grant pool.

(3) The remaining 50 percent of the funds in each grant pool
shall be divided among stations in that grant pool in proportion to
their nonfederal financial support.

(c) (1) Funds provided under this section shall be granted on a
matching basis, with each station required to raise from other
sources an amount equal to the funds provided to it under this
section.

(2) If any funds remain in either grant pool because of the
limitations set forth in paragraph (1), the remaining funds shall be
returned to the same pool for distribution to other stations that
have raised the required matching funds, in amounts proportionate
to the nonfederal financial support of those stations.

begin delete SEC. 239. end delete
begin insert SEC. 214. end insert   

Section 8870.4 of the Government Code is amended
to read:

8870.4.  

(a) Except as provided in subdivision (d), the members
of the Alfred E. Alquist Seismic Safety Commission shall serve
without compensation but shall be paid per diem expenses of one
hundred dollars ($100) for each day’s attendance at a meeting of
the commission, plus actual necessary travel expenses as
determined by Department of Human Resources rules.

(b) The members of the commission who represent the Office
of Emergency Services, the California Building Standards
Commission, and the Division of the State Architect shall be
employees in good standing of those respective entities. Any per
diem and travel expenses of those members of the commission
shall be paid by the agencies that they represent on the commission,
in compliance with applicable conditions or regulations set by the
Department of Human Resources.

begin delete SEC. 240. end delete
begin insert SEC. 215. end insert   

Section 8870.7 of the Government Code is amended
to read:

8870.7.  

The commission is responsible for all of the following
in connection with earthquake hazard mitigation:

(a) Setting goals and priorities in the public and private sectors.

(b) Requesting appropriate state agencies to devise criteria to
promote earthquake and disaster safety.

(c) Scheduling a report on disaster mitigation issues from the
Office of Emergency Services, on the commission agenda as
required. For the purposes of this subdivision, the term disaster
refers to all natural hazards which could have an impact on public
safety.

(d) Recommending program changes to state agencies, local
agencies, and the private sector where such changes would improve
earthquake hazards and reduction.

(e) Reviewing the recovery and reconstruction efforts after
damaging earthquakes.

(f) Gathering, analyzing, and disseminating information.

(g) Encouraging research.

(h) Sponsoring training to help improve the competence of
specialized enforcement and other technical personnel.

(i) Helping to coordinate the earthquake safety activities of
government at all levels.

(j) Establishing and maintaining necessary working relationships
with any boards, commissions, departments, and agencies, or other
public or private organizations.

begin delete SEC. 241. end delete
begin insert SEC. 216. end insert   

Section 8870.71 of the Government Code is amended
to read:

8870.71.  

To implement the foregoing responsibilities, the
commission may do any of the following:

(a) Review state budgets and review grant proposals, other than
those grant proposals submitted by institutions of postsecondary
education to the federal government, for earthquake-related
activities and to advise the Governor and Legislature thereon.

(b) Review legislative proposals related to earthquake safety to
advise the Governor and the Legislature concerning the proposals
and to propose needed legislation.

(c) Recommend the addition, deletion, or changing of state
agency standards when, in the commission’s view, the existing
situation creates undue hazards or when new developments would
promote earthquake hazard mitigation, and conduct public hearings
as deemed necessary on the subjects.

(d) In the conduct of any hearing, investigation, inquiry, or study
that is ordered or undertaken in any part of the state, administer
oaths and issue subpoenas for the attendance of witnesses and the
production of papers, records, reports, books, maps, accounts,
documents, and testimony.

(e) In addition, the commission may perform any of the
functions contained in subdivisions (a) to (d), inclusive, in relation
to disasters, as defined in subdivision (c) of Section 8870.7, in
connection with issues or items reported or discussed with the
Office of Emergency Services at any commission meeting.

begin delete SEC. 242. end delete
begin insert SEC. 217. end insert   

Section 8871.3 of the Government Code is amended
to read:

8871.3.  

(a) The office shall establish an interim state operations
center in southern California to coordinate response to a major
earthquake. The office shall also develop an operational
communications plan for the center based upon an inventory of
current communications capabilities and an assessment of structural
vulnerabilities.

(b) The office shall undertake a design analysis regarding
construction of a permanent state operations center in southern
California, including an evaluation of telecommunications and
information technology systems for emergency management
functions.

(c) All appropriations for the purposes of subdivision (a) or (b)
shall be reviewed by the Department of Finance prior to obligation
of funds.

begin delete SEC. 243. end delete
begin insert SEC. 218. end insert   

Section 8871.4 of the Government Code is amended
to read:

8871.4.  

The commission shall prepare the California
Earthquake Hazard Reduction Program, in consultation with the
Office of Emergency Services, the Division of Mines and Geology
in the Department of Conservation, the Office of the State
Architect, the Emergency Medical Services Authority, the
University of California and other appropriate institutions of higher
learning, the California National Guard, the Department of Finance,
other appropriate state and local agencies, the private sector,
volunteer groups, and the Legislature.

The commission may hold public hearings or joint hearings with
other groups and conduct other activities as necessary for the
development of the program.

begin delete SEC. 244. end delete
begin insert SEC. 219. end insert   

Section 8876.7 of the Government Code is amended
to read:

8876.7.  

In carrying out its responsibilities under this chapter,
the Seismic Safety Commission, in close consultation with the
Transportation Agency, the Office of Emergency Services, and
the Business, Consumer Services and Housing Agency, may do
the following:

(a) Monitor the work of the center on behalf of the state.

(b) Produce and deliver for each year that the center is in
operation, an independent evaluation of the work conducted at the
center as it pertains to the objectives of the center and reducing
earthquake losses and earthquake risk in the state recognizing that
as a national center it will undertake basic research of national and
international consequence as well. The report shall include the
following tasks:

(1) Interpret the results of research to indicate how the research
may affect state law and policy.

(2) Recommend ways to promote the application of research.

(3) Recommend priorities that would contribute to achieving
the center’s objectives, provide direct benefits to California
residents and businesses, and lead to the completion of specific
recommendations in the state’s earthquake risk reduction program.

begin delete SEC. 245. end delete
begin insert SEC. 220. end insert   

Section 8878.52 of the Government Code is amended
to read:

8878.52.  

As used in this chapter, the following terms have the
following meanings:

(a) “Agency” or “office” means the Office of Emergency
Services.

(b) “Committee” means the Earthquake Safety and Public
Buildings Rehabilitation Finance Committee created pursuant to
subdivision (a) of Section 8878.111.

(c) “Commission” means the Seismic Safety Commission.

(d) “Fund” means the Earthquake Safety and Public Buildings
Rehabilitation Fund of 1990 created pursuant to Section 8878.55.

(e) “Local government” means any city, county, city and county,
or special district.

(f) “Project” means a program of work to retrofit, reconstruct,
repair, replace, or relocate, for local government-owned facilities
only, a building, facility, or both, which is owned by any city,
county, city and county, or special district and which is included
in an application for a grant of funds.

(g) “State Architect” means the Office of the State Architect.

(h) “State building or facility” means any building or structure
owned by a state agency, which is identified pursuant to Section
8878.60, except for vehicular bridges, roadways, highways, or any
facilities or buildings owned by the University of California or the
California State University.

(i) “Local government building or facility” means an existing
essential services building, as defined in Section 16007 of the
Health and Safety Code, or an emergency or public safety local
building as identified in Section 8878.99, which is owned by a
city, county, city and county, or special district.

(j) State or local government buildings shall not include those
owned by private for-profit or private nonprofit corporations, or
those owned by any combination, consortium, or joint powers
agreement that includes a private nonprofit corporation.

(k) “Retrofit” means to either strengthen the structure of a
building or facility, or to provide the means necessary to reduce
the seismic force level experienced by a building or facility during
an earthquake, so as to significantly reduce hazards to life and
safety while concomitantly providing for the substantially safe
egress of occupants during and immediately after such an
earthquake.

begin delete SEC. 246. end delete
begin insert SEC. 221. end insert   

Section 8878.90 of the Government Code is amended
to read:

8878.90.  

(a) The State Architect, with the consultation of the
Seismic Safety Commission and the office, shall establish criteria
for projects potentially eligible for an appropriation from the
Legislature, pursuant to subdivision (b) of Section 8878.55 based
on factors including the populations at risk of injury and the
cost-effectiveness of remedial actions.

(b) The State Architect shall establish the criteria for potential
funding pursuant to subdivision (b) of Section 8878.55 based upon
the following order of seismic hazard reduction priorities:

(1) Abatement of falling hazards, as defined by the State
Architect with the consultation of the Seismic Safety Commission,
that are structural or nonstructural components of buildings or
facilities and that pose serious threats to life, including, but not
limited to, parapets, appendages, cornices, hanging objects, and
building cladding.

(2) The seismic retrofitting of those buildings or facilities for
which partial, localized, or phased seismic retrofits will
significantly reduce collapse hazards with minimal disruption to
either the operation of the buildings or facilities or disruption of
the occupants of the buildings or facilities.

(3) All other buildings or facilities requiring seismic retrofitting.

begin delete SEC. 247. end delete
begin insert SEC. 222. end insert   

Section 8878.100 of the Government Code is
amended to read:

8878.100.  

Funds shall be distributed by the State Architect in
the following manner:

(a) Upon receipt of an application by a local government for a
grant pursuant to this article, the office or the State Architect may
propose improvements to the project which will meet regional
needs in a cost-effective manner. These improvements may include,
but need not be limited to, structural strengthening, hardening of
communication equipment, providing emergency power equipment,
and other capital improvements which can be demonstrated as part
of an emergency response plan which has a description of the
critical facilities needed to support emergency response. The office,
the State Architect, and the applicant may agree to include these
capital improvements in the grant.

(b) In coordination with the Seismic Safety Commission and
the office, and with the input of the potentially eligible local
governments, the State Architect, consistent with Section 8878.90,
shall establish a priority list of the types of potentially eligible
local government buildings and facilities which are eligible to
receive a state grant pursuant to this article.

(c) After completion of the priority list, the State Architect shall
present this list of potentially eligible local government buildings
and facilities to the Department of Finance for its review and
consideration of whether to recommend to the Governor to include
this list in the Budget Bill or other legislative proposal. The
Legislature may review and appropriate funds available under this
bond act for specific projects on the list which it deems appropriate.

(d) The State Architect shall allocate funds to local governments
for the seismic retrofit of buildings or facilities based upon projects
and appropriations approved in the Budget Bill or some other bill
by the Legislature as provided in this section. Payments shall be
made on a progress basis.

begin delete SEC. 248. end delete
begin insert SEC. 223. end insert   

Section 8878.125 of the Government Code is
amended to read:

8878.125.  

(a) The proceeds from the sale of the bonds pursuant
to this chapter shall not replace or supplant funds available from
the Federal Emergency Management Agency (FEMA). If funds
are received from FEMA for costs applied for under this chapter,
then proceeds from the fund shall not be allocated, or if already
allocated, then the fund shall be reimbursed for any ineligible
amount.

(b) No allocations shall be made from the fund for local
buildings or facilities that qualified for state or federal assistance
under the Disaster Assistance Act (Chapter 7.5 (commencing with
Section 8680)) for retrofitting, reconstruction, repair, replacement,
or relocation of structures damaged by a disaster until the office
determines either: (1) that reasonable efforts have been made to
secure other state and federal funds, or (2) that the other sources
of funding are insufficient to make the necessary seismic
improvements. Similarly, no allocations from the fund shall be
made for state buildings or facilities unless the Department of
Finance determines either: (1) the responsible agency has made
reasonable efforts to secure other state and federal funds, or (2)
that the other sources of funding are insufficient to correct state
buildings or facilities that are seismically unsafe or suffer from
other safety deficiencies.

begin delete SEC. 249. end delete
begin insert SEC. 224. end insert   

Section 8879.7 of the Government Code is amended
to read:

8879.7.  

(a) Solely for the purpose of authorizing the issuance
and sale, pursuant to the State General Obligation Bond Law, of
the bonds authorized by this chapter, the Seismic Retrofit Finance
Committee is hereby created. For the purposes of this chapter, the
Seismic Retrofit Finance Committee is “the committee” as that
term is used in the State General Obligation Bond Law. The
committee consists of the Treasurer, the Controller, the Director
of Finance, and the Secretary of Transportation, or a designated
representative of each of those officials. The Treasurer shall serve
as the chairperson of the committee. A majority of the committee
may act for the committee.

(b) The committee may adopt guidelines establishing
requirements for administration of its financing programs to the
extent necessary to protect the validity of, and tax exemption for,
interest on the bonds. The guidelines shall not constitute rules,
regulations, orders, or standards of general application.

(c) For the purposes of the State General Obligation Bond Law,
any department receiving an allocation from the Department of
Finance is designated to be the “board.”

begin delete SEC. 250. end delete
begin insert SEC. 225. end insert   

Section 8879.23 of the Government Code is amended
to read:

8879.23.  

The Highway Safety, Traffic Reduction, Air Quality,
and Port Security Fund of 2006 is hereby created in the State
Treasury. The Legislature intends that the proceeds of bonds
deposited in the fund shall be used to fund the mobility, safety,
and air quality improvements described in this article over the
course of the next decade. The proceeds of bonds issued and sold
pursuant to this chapter for the purposes specified in this chapter
shall be allocated in the following manner:

(a) (1) Four billion five hundred million dollars
($4,500,000,000) shall be deposited in the Corridor Mobility
Improvement Account, which is hereby created in the fund. Funds
in the account shall be available to the California Transportation
Commission, upon appropriation in the annual Budget Bill by the
Legislature, for allocation for performance improvements on highly
congested travel corridors in California. Funds in the account shall
be used for performance improvements on the state highway
system, or major access routes to the state highway system on the
local road system that relieve congestion by expanding capacity,
enhancing operations, or otherwise improving travel times within
these high-congestion travel corridors, as identified by the
department and regional or local transportation agencies, pursuant
to the process in paragraph (3) or (4), as applicable.

(2) The commission shall develop and adopt guidelines, by
December 1, 2006, including regional programming targets, for
the program funded by this subdivision, and shall allocate funds
from the account to projects after reviewing project nominations
submitted by the Department of Transportation and by regional
transportation planning agencies or county transportation
commissions or authorities pursuant to paragraph (4).

(3) Subject to the guidelines adopted pursuant to paragraph (2),
the department shall nominate, by no later than January 15, 2007,
projects for the allocation of funds from the account on a statewide
basis. The department’s nominations shall be geographically
balanced and shall reflect the department’s assessment of a program
that best meets the policy objectives described in paragraph (1).

(4) Subject to the guidelines adopted pursuant to paragraph (2),
a regional transportation planning agency or county transportation
commission or authority responsible for preparing a regional
transportation improvement plan under Section 14527 may
nominate projects identified pursuant to paragraph (1) that best
meet the policy objectives described in that paragraph for funding
from the account. Projects nominated pursuant to this paragraph
shall be submitted to the commission for consideration for funding
by no later than January 15, 2007.

(5) All nominations to the California Transportation Commission
shall be accompanied by documentation regarding the quantitative
and qualitative measures validating each project’s consistency
with the policy objectives described in paragraph (1). All projects
nominated to the commission for funds from this account shall be
included in a regional transportation plan.

(6) After review of the project nominations, and supporting
documentation, the commission, by no later than March 1, 2007,
shall adopt an initial program of projects to be funded from the
account. This program may be updated every two years in
conjunction with the biennial process for adoption of the state
transportation improvement program pursuant to guidelines adopted
by the commission. The inclusion of a project in the program shall
be based on a demonstration that the project meets all of the
following criteria:

(A) Is a high-priority project in the corridor as demonstrated by
either of the following: (i) its inclusion in the list of nominated
projects by both the department pursuant to paragraph (3) and the
regional transportation planning agency or county transportation
commission or authority, pursuant to paragraph (4); or (ii) if needed
to fully fund the project, the identification and commitment of
supplemental funding to the project from other state, local, or
federal funds.

(B) Can commence construction or implementation no later
than December 31, 2012.

(C) Improves mobility in a high-congestion corridor by
improving travel times or reducing the number of daily vehicle
hours of delay, improves the connectivity of the state highway
system between rural, suburban, and urban areas, or improves the
operation or safety of a highway or road segment.

(D) Improves access to jobs, housing, markets, and commerce.

(7) Where competing projects offer similar mobility
improvements to a specific corridor, the commission shall consider
additional benefits when determining which project shall be
included in the program for funding. These benefits shall include,
but are not limited to, the following:

(A) A finding that the project provides quantifiable air quality
benefits.

(B) A finding that the project substantially increases the safety
for travelers in the corridor.

(8) In adopting a program for funding pursuant to this
subdivision, the commission shall make a finding that the program
is geographically balanced, consistent with the geographic split
for funding described in Section 188 of the Streets and Highways
Code; provides mobility improvements in highly traveled or highly
congested corridors in all regions of California; and targets bond
proceeds in a manner that provides the increment of funding
necessary, when combined with other state, local, or federal funds,
to provide the mobility benefit in the earliest possible timeframe.

(9) The commission shall include in its annual report to the
Legislature, required by Section 14535, a summary of its activities
related to the administration of this program. The summary should,
at a minimum, include a description and the location of the projects
contained in the program, the amount of funds allocated to each
project, the status of each project, and a description of the mobility
improvements the program is achieving.

(b) One billion dollars ($1,000,000,000) shall be made available,
upon appropriation in the annual Budget Bill by the Legislature,
to the department for improvements to State Route 99. Funds may
be used for safety, operational enhancements, rehabilitation, or
capacity improvements necessary to improve the State Route 99
corridor traversing approximately 400 miles of the central valley
of this state.

(c) Three billion one hundred million dollars ($3,100,000,000)
shall be deposited in the California Ports Infrastructure, Security,
and Air Quality Improvement Account, which is hereby created
in the fund. The money in the account shall be available, upon
appropriation by the Legislature and subject to such conditions
and criteria as the Legislature may provide by statute, as follows:

(1) (A) Two billion dollars ($2,000,000,000) shall be transferred
to the Trade Corridors Improvement Fund, which is hereby created.
The money in this fund shall be available, upon appropriation in
the annual Budget Bill by the Legislature and subject to such
conditions and criteria as the Legislature may provide by statute,
for allocation by the California Transportation Commission for
infrastructure improvements along federally designated “Trade
Corridors of National Significance” in this state or along other
corridors within this state that have a high volume of freight
movement, as determined by the commission. In determining
projects eligible for funding, the commission shall consult the trade
infrastructure and goods movement plan submitted to the
commission by the Secretary of Transportation and the Secretary
for Environmental Protection. No moneys shall be allocated from
this fund until the report is submitted to the commission for its
consideration, provided the report is submitted no later than January
1, 2007. The commission shall also consult trade infrastructure
and goods movement plans adopted by regional transportation
planning agencies, adopted regional transportation plans required
by state and federal law, and the statewide port master plan
prepared by the California Marine and Intermodal Transportation
System Advisory Council (Cal-MITSAC) pursuant to Section 1760
of the Harbors and Navigation Code, when determining eligible
projects for funding. Eligible projects for these funds include, but
are not limited to, all of the following:

(i) Highway capacity improvements and operational
improvements to more efficiently accommodate the movement of
freight, particularly for ingress and egress to and from the state’s
seaports, including navigable inland waterways used to transport
freight between seaports, land ports of entry, and airports, and to
relieve traffic congestion along major trade or goods movement
corridors.

(ii) Freight rail system improvements to enhance the ability to
move goods from seaports, land ports of entry, and airports to
warehousing and distribution centers throughout California,
including projects that separate rail lines from highway or local
road traffic, improve freight rail mobility through mountainous
regions, relocate rail switching yards, and other projects that
improve the efficiency and capacity of the rail freight system.

(iii) Projects to enhance the capacity and efficiency of ports.

(iv) Truck corridor improvements, including dedicated truck
facilities or truck toll facilities.

(v) Border access improvements that enhance goods movement
between California and Mexico and that maximize the state’s
ability to access coordinated border infrastructure funds made
available to the state by federal law.

(vi) Surface transportation improvements to facilitate the
movement of goods to and from the state’s airports.

(B) The commission shall allocate funds for trade infrastructure
improvements from the account in a manner that (i) addresses the
state’s most urgent needs, (ii) balances the demands of various
ports (between large and small ports, as well as between seaports,
airports, and land ports of entry), (iii) provides reasonable
geographic balance between the state’s regions, and (iv) places
emphasis on projects that improve trade corridor mobility while
reducing emissions of diesel particulate and other pollutant
emissions. In addition, the commission shall also consider the
following factors when allocating these funds:

(i) “Velocity,” which means the speed by which large cargo
would travel from the port through the distribution system.

(ii) “Throughput,” which means the volume of cargo that would
move from the port through the distribution system.

(iii) “Reliability,” which means a reasonably consistent and
predictable amount of time for cargo to travel from one point to
another on any given day or at any given time in California.

(iv) “Congestion reduction,” which means the reduction in
recurrent daily hours of delay to be achieved.

(C) The commission shall allocate funds made available by this
paragraph to projects that have identified and committed
supplemental funding from appropriate local, federal, or private
sources. The commission shall determine the appropriate amount
of supplemental funding each project should have to be eligible
for moneys from this fund based on a project-by-project review
and an assessment of the project’s benefit to the state and the
program. Except for border access improvements described in
clause (v) of subparagraph (A), improvements funded with moneys
from this fund shall have supplemental funding that is at least equal
to the amount of the contribution from the fund. The commission
may give priority for funding to projects with higher levels of
committed supplemental funding.

(D) The commission shall include in its annual report to the
Legislature, required by Section 14535, a summary of its activities
related to the administration of this program. The summary should,
at a minimum, include a description and the location of the projects
contained in the program, the amount of funds allocated to each
project, the status of each project, and a description of the mobility
and air quality improvements the program is achieving.

(2) One billion dollars ($1,000,000,000) shall be made available,
upon appropriation by the Legislature and subject to such
conditions and criteria contained in a statute enacted by the
Legislature, to the State Air Resources Board for emission
reductions, not otherwise required by law or regulation, from
activities related to the movement of freight along California’s
trade corridors. Funds made available by this paragraph are
intended to supplement existing funds used to finance strategies
and public benefit projects that reduce emissions and improve air
quality in trade corridors commencing at the state’s airports,
seaports, and land ports of entry.

(3) One hundred million dollars ($100,000,000) shall be
available, upon appropriation by the Legislature, to the Office of
Emergency Services to be allocated, as grants, for port, harbor,
and ferry terminal security improvements. Eligible applicants shall
be publicly owned ports, harbors, and ferryboat and ferry terminal
operators, which may submit applications for projects that include,
but are not limited to, the following:

(A) Video surveillance equipment.

(B) Explosives detection technology, including, but not limited
to, X-ray devices.

(C) Cargo scanners.

(D) Radiation monitors.

(E) Thermal protective equipment.

(F) Site identification instruments capable of providing a
fingerprint for a broad inventory of chemical agents.

(G) Other devices capable of detecting weapons of mass
destruction using chemical, biological, or other similar substances.

(H) Other security equipment to assist in any of the following:

(i) Screening of incoming vessels, trucks, and incoming or
outbound cargo.

(ii) Monitoring the physical perimeters of harbors, ports, and
ferry terminals.

(iii) Providing or augmenting onsite emergency response
capability.

(I) Overweight cargo detection equipment, including, but not
limited to, intermodal crane scales and truck weight scales.

(J) Developing disaster preparedness or emergency response
plans.

(d) Two hundred million dollars ($200,000,000) shall be
available, upon appropriation by the Legislature, for schoolbus
retrofit and replacement to reduce air pollution and to reduce
children’s exposure to diesel exhaust.

(e) Two billion dollars ($2,000,000,000) shall be available for
projects in the state transportation improvement program, to
augment funds otherwise available for this purpose from other
sources. The funds provided by this subdivision shall be deposited
in the Transportation Facilities Account which is hereby created
in the fund, and shall be available, upon appropriation by the
Legislature, to the Department of Transportation, as allocated by
the California Transportation Commission in the same manner as
funds allocated for those projects under existing law.

(f) (1) Four billion dollars ($4,000,000,000) shall be deposited
in the Public Transportation Modernization, Improvement, and
Service Enhancement Account, which is hereby created in the
fund. Funds in the account shall be made available, upon
appropriation by the Legislature, to the Department of
Transportation for intercity rail projects and to commuter or urban
rail operators, bus operators, waterborne transit operators, and
other transit operators in California for rehabilitation, safety or
modernization improvements, capital service enhancements or
expansions, new capital projects, bus or rapid transit improvements,
or for rolling stock procurement, rehabilitation, or replacement.

(2) Of the funds made available in paragraph (1), four hundred
million dollars ($400,000,000) shall be available, upon
appropriation by the Legislature, to the department for intercity
rail improvements, of which one hundred twenty-five million
dollars ($125,000,000) shall be used for the procurement of
additional intercity railcars and locomotives.

(3) Of the funds remaining after the allocations in paragraph
(2), 50 percent shall be distributed to the Controller, for allocation
to eligible agencies using the formula in Section 99314 of the
Public Utilities Code, and 50 percent shall be distributed to the
Controller, for allocation to eligible agencies using the formula in
Section 99313 of the Public Utilities Code, subject to the provisions
governing funds allocated under those sections.

(g) One billion dollars ($1,000,000,000) shall be deposited in
the State-Local Partnership Program Account, which is hereby
created in the fund. The funds shall be available, upon
appropriation by the Legislature and subject to such conditions
and criteria as the Legislature may provide by statute, for allocation
by the California Transportation Commission over a five-year
period to eligible transportation projects nominated by an applicant
transportation agency. A dollar-for-dollar match of local funds
shall be required for an applicant transportation agency to receive
state funds under this program.

(h) One billion dollars ($1,000,000,000) shall be deposited in
the Transit System Safety, Security, and Disaster Response
Account, which is hereby created in the fund. Funds in the account
shall be made available, upon appropriation by the Legislature and
subject to such conditions and criteria as the Legislature may
provide by statute, for capital projects that provide increased
protection against a security and safety threat, and for capital
expenditures to increase the capacity of transit operators, including
waterborne transit operators, to develop disaster response
transportation systems that can move people, goods, and emergency
personnel and equipment in the aftermath of a disaster impairing
the mobility of goods, people, and equipment.

(i) One hundred twenty-five million dollars ($125,000,000)
shall be deposited in the Local Bridge Seismic Retrofit Account,
which is hereby created in the fund. The funds in the account shall
be used, upon appropriation by the Legislature, to provide the 11.5
percent required match for federal Highway Bridge Replacement
and Repair funds available to the state for seismic work on local
bridges, ramps, and overpasses, as identified by the Department
of Transportation.

(j) (1) Two hundred fifty million dollars ($250,000,000) shall
be deposited in the Highway-Railroad Crossing Safety Account,
which is hereby created in the fund. Funds in the account shall be
available, upon appropriation by the Legislature, to the Department
of Transportation for the completion of high-priority grade
separation and railroad crossing safety improvements. Funds in
the account shall be made available for allocation pursuant to the
process established in Chapter 10 (commencing with Section 2450)
of Division 3 of the Streets and Highways Code, except that a
dollar-for-dollar match of nonstate funds shall be provided for
each project, and the limitation on maximum project cost in
subdivision (g) of Section 2454 of the Streets and Highways Code
shall not be applicable to projects funded with these funds.

(2) Notwithstanding the funding allocation process described
in paragraph (1), in consultation with the department and the Public
Utilities Commission, the California Transportation Commission
shall allocate one hundred million dollars ($100,000,000) of the
funds in the account to high-priority railroad crossing
improvements, including grade separation projects, that are not
part of the process established in Chapter 10 (commencing with
Section 2450) of Division 3 of the Streets and Highways Code.
The allocation of funds under this paragraph shall be made in
consultation and coordination with the High-Speed Rail Authority
created pursuant to Division 19.5 (commencing with Section
185000) of the Public Utilities Code.

(k) (1) Seven hundred fifty million dollars ($750,000,000) shall
be deposited in the Highway Safety, Rehabilitation, and
Preservation Account, which is hereby created in the fund. Funds
in the account shall be available, upon appropriation by the
Legislature, to the Department of Transportation, as allocated by
the California Transportation Commission, for the purposes of the
state highway operation and protection program as described in
Section 14526.5.

(2) The department shall develop a program for distribution of
two hundred fifty million dollars ($250,000,000) from the funds
identified in paragraph (1) to fund traffic light synchronization
projects or other technology-based improvements to improve
safety, operations, and the effective capacity of local streets and
roads.

(l) (1) Two billion dollars ($2,000,000,000) shall be deposited
in the Local Streets and Road Improvement, Congestion Relief,
and Traffic Safety Account of 2006, which is hereby created in
the fund. The proceeds of bonds deposited into that account shall
be available, upon appropriation by the Legislature, for the
purposes specified in this subdivision to the Controller for
administration and allocation in the fiscal year in which the bonds
are issued and sold, including any interest or other return earned
on the investment of those moneys, in the following manner:

(A) Fifty percent to the counties, including a city and county,
in accordance with the following formulas:

(i) Seventy-five percent of the funds payable under this
subparagraph shall be apportioned among the counties in the
proportion that the number of fee-paid and exempt vehicles that
are registered in the county bears to the number of fee-paid and
exempt vehicles registered in the state.

(ii) Twenty-five percent of the funds payable under this
subparagraph shall be apportioned among the counties in the
proportion that the number of miles of maintained county roads
in each county bears to the total number of miles of maintained
county roads in the state. For the purposes of apportioning funds
under this clause, any roads within the boundaries of a city and
county that are not state highways shall be deemed to be county
roads.

(B) Fifty percent to the cities, including a city and county,
apportioned among the cities in the proportion that the total
population of the city bears to the total population of all the cities
in the state, provided, however, that the Controller shall allocate
a minimum of four hundred thousand dollars ($400,000) to each
city, pursuant to this subparagraph.

(2) Funds received under this subdivision shall be deposited as
follows in order to avoid the commingling of those funds with
other local funds:

(A) In the case of a city, into the city account that is designated
for the receipt of state funds allocated for local streets and roads.

(B) In the case of an eligible county, into the county road fund.

(C) In the case of a city and county, into a local account that is
designated for the receipt of state funds allocated for local streets
and roads.

(3) For the purpose of allocating funds under this subdivision
to cities and a city and county, the Controller shall use the most
recent population estimates prepared by the Demographic Research
Unit of the Department of Finance. For a city that incorporated
after January 1, 1998, that does not appear on the most recent
population estimates prepared by the Demographic Research Unit,
the Controller shall use the population determined for that city
under Section 11005.3 of the Revenue and Taxation Code.

(4) Funds apportioned to a city, county, or city and county under
this subdivision, including any interest or other return earned on
the investment of those funds, shall be used for improvements to
transportation facilities that will assist in reducing local traffic
congestion and further deterioration, improving traffic flows, or
increasing traffic safety that may include, but not be limited to,
street and highway pavement maintenance, rehabilitation,
installation, construction, and reconstruction of necessary
associated facilities such as drainage and traffic control devices,
or the maintenance, rehabilitation, installation, construction, and
reconstruction of facilities that expand ridership on transit systems,
safety projects to reduce fatalities, or as a local match to obtain
state or federal transportation funds for similar purposes.

(5) At the conclusion of each fiscal year during which a city or
county expends the funds it has received under this subdivision,
including any interest or other return earned on the investment of
these funds, the Controller may verify the city’s or county’s
compliance with paragraph (4). Any city or county that has not
complied with paragraph (4) shall reimburse the state for the funds
it received during that fiscal year, including any interest or other
return earned on the investment of these funds. Any funds withheld
or returned as a result of a failure to comply with paragraph (4)
shall be reallocated to the other counties and cities whose
expenditures are in compliance.

begin delete SEC. 251. end delete
begin insert SEC. 226. end insert   

Section 8879.27 of the Government Code is amended
to read:

8879.27.  

(a) Solely for the purpose of authorizing the issuance
and sale, pursuant to the State General Obligation Bond Law, of
the bonds authorized by this chapter, the Highway Safety, Traffic
Reduction, Air Quality, and Port Security Committee is hereby
created. For the purposes of this chapter, the Highway Safety,
Traffic Reduction, Air Quality, and Port Security Committee is
“the committee” as that term is used in the State General Obligation
Bond Law. The committee consists of the Treasurer, the Controller,
the Director of Finance, and the Secretary of Transportation, or a
designated representative of each of those officials. The Treasurer
shall serve as the chairperson of the committee. A majority of the
committee may act for the committee.

(b) The committee may adopt guidelines establishing
requirements for administration of its financing programs to the
extent necessary to protect the validity of, and tax exemption for,
interest on the bonds. The guidelines shall not constitute rules,
regulations, orders, or standards of general application.

(c) For the purposes of the State General Obligation Bond Law,
any department receiving an allocation pursuant to this chapter is
designated to be the “board.”

begin delete SEC. 252. end delete
begin insert SEC. 227. end insert   

Section 8879.50 of the Government Code is amended
to read:

8879.50.  

(a) As used in this chapter and in Chapter 12.49
(commencing with Section 8879.20), the following terms have the
following meanings:

(1) “Commission” means the California Transportation
Commission.

(2) “Department” means the Department of Transportation.

(3) “Administrative agency” means the state agency responsible
for programming bond funds made available by Chapter 12.49
(commencing with Section 8879.20), as specified in subdivision
(c).

(4) Unless otherwise specified in this chapter, “project” includes
equipment purchase, construction, right-of-way acquisition, and
project delivery costs.

(5) “Recipient agency” means the recipient of bond funds made
available by Chapter 12.49 (commencing with Section 8879.20)
that is responsible for implementation of an approved project.

(6) “Fund” shall have the same meaning as in subdivision (c)
of Section 8879.20.

(b) Administrative costs, including audit and program oversight
costs for agencies, commissions, or departments administering
programs funded pursuant to this chapter, recoverable by bond
funds shall not exceed 3 percent of the program’s cost.

(c) The administrative agency for each bond account is as
follows:

(1) The commission is the administrative agency for the Corridor
Mobility Improvement Account; the Trade Corridors Improvement
Fund; the Transportation Facilities Account; the State Route 99
Account; the State-Local Partnership Program Account; the Local
Bridge Seismic Retrofit Account; the Highway-Railroad Crossing
Safety Account; and the Highway Safety, Rehabilitation, and
Preservation Account.

(2) The Office of Emergency Services is the administrative
agency for the Port and Maritime Security Account and the Transit
System Safety, Security, and Disaster Response Account.

(3) The department is the administrative agency for the Public
Transportation Modernization, Improvement, and Service
Enhancement Account.

(d) The administrative agency shall not approve project fund
allocations for a project until the recipient agency provides a project
funding plan that demonstrates that the funds are expected to be
reasonably available and sufficient to complete the project. The
administrative agency may approve funding for usable project
segments only if the benefits associated with each individual
segment are sufficient to meet the objectives of the program from
which the individual segment is funded.

(e) Guidelines adopted by the administrative agency pursuant
to this chapter and Chapter 12.49 (commencing with Section
8879.20) are intended to provide internal guidance for the agency
and shall be exempt from the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3), and shall do all of the following:

(1) Provide for the audit of project expenditures and outcomes.

(2) Require that the useful life of the project be identified as
part of the project nomination process.

(3) Require that project nominations have project delivery
milestones, including, but not limited to, start and completion dates
for environmental clearance, land acquisition, design, construction
bid award, construction completion, and project closeout, as
applicable.

(f) (1) As a condition for allocation of funds to a specific project
under Chapter 12.49 (commencing with Section 8879.20), the
administrative agency shall require the recipient agency to report,
on a semiannual basis, on the activities and progress made toward
implementation of the project. If it is anticipated that project costs
will exceed the approved project budget, the recipient agency shall
provide a plan to the administrative agency for achieving the
benefits of the project by either downscoping the project to remain
within budget or by identifying an alternative funding source to
meet the cost increase. The administrative agency may either
approve the corrective plan or direct the recipient agency to modify
its plan.

(2) Within six months of the project becoming operable, the
recipient agency shall provide a report to the administrative agency
on the final costs of the project as compared to the approved project
budget, the project duration as compared to the original project
schedule as of the date of allocation, and performance outcomes
derived from the project compared to those described in the original
application for funding. The administrative agency shall forward
the report to the Department of Finance by means approved by the
Department of Finance.

begin delete SEC. 253. end delete
begin insert SEC. 228. end insert   

Section 8879.53 of the Government Code is amended
to read:

8879.53.  

(a) Funds for the program contained in paragraph
(3) of subdivision (c) of Section 8879.23 shall be deposited in the
Port and Maritime Security Account, which is hereby created in
the fund. For purposes of this section, “agency” or “office” means
the Office of Emergency Services.

(b) Funds in the account shall be available to the office, upon
appropriation by the Legislature. Funds shall be made available
as grants to eligible applicants, as defined in paragraph (3) of
subdivision (c) of Section 8879.23, for capital projects that include,
but are not limited to, those projects described in paragraph (3) of
subdivision (c) of Section 8879.23.

(c) Prior to allocating funds to projects from the account, the
office shall adopt guidelines to establish the criteria and process
for the distribution of funds. At least 30 days prior to adopting the
guidelines, the office shall hold a public hearing on the proposed
guidelines and shall provide opportunity for public review and
comment.

(d) In allocating funds from the account, the office shall do the
following:

(1) Address the state’s most urgent maritime security needs.

(2) Balance the demands of the various large and small ports.

(3) Provide reasonable geographic balance in the distribution
of funds.

(e) The unencumbered balance of any funds appropriated to the
office prior to June 30, 2009, for purposes of this section, shall
remain available to the office for encumbrance pursuant to this
section until June 30, 2012.

(f) The office’s activities to implement this section shall be
incorporated into the report to the Legislature required in paragraph
(3) of subdivision (c) of Section 8879.23.

begin delete SEC. 254. end delete
begin insert SEC. 229. end insert   

Section 8879.57 of the Government Code is amended
to read:

8879.57.  

Funds made available, upon appropriation of the
Legislature, from the Transit System Safety, Security, and Disaster
Response Account, created in subdivision (h) of Section 8879.23,
shall be allocated as follows:

(a) (1) Sixty percent of available funds shall be allocated for
capital expenditures to agencies and transit operators eligible to
receive State Transit Assistance funds using the formula in Sections
99313 and 99314 of the Public Utilities Code, including commuter
rail operators eligible to receive State Transit Assistance funds.
Of these funds, 50 percent shall be allocated to eligible agencies
using the formula in Section 99314 of the Public Utilities Code,
and 50 percent shall be allocated to eligible agencies using the
formula in Section 99313 of the Public Utilities Code, subject to
the provisions governing funds allocated under those sections.
Funds allocated to the Metropolitan Transportation Commission
using the formula in Section 99313 of the Public Utilities Code
shall be suballocated to transit operators within its jurisdiction
using the formula in Section 99314 of the Public Utilities Code.
In the region served by the multicounty transportation planning
agency described in Section 130004 of the Public Utilities Code,
funds that are to be allocated using the formula in Section 99314
of the Public Utilities Code for the Southern California Regional
Rail Authority shall be allocated to the applicable county
transportation commission in each county served by the authority
within that region. The county transportation commission, subject
to the applicable provisions governing funds allocated under that
section that are consistent with this section, shall use or allocate
the funds for eligible capital expenditures as described in paragraph
(2), including, but not limited to, eligible expenditures on the
system of the Southern California Regional Rail Authority. The
county transportation commission may suballocate these funds to
the Southern California Regional Rail Authority for those purposes.

(2) Eligible capital expenditures shall include either of the
following:

(A) A capital project that provides increased protection against
a security or safety threat, including, but not limited to, the
following:

(i) Construction or renovation projects that are designed to
enhance the security of public transit stations, tunnels, guideways,
elevated structures, or other transit facilities and equipment.

(ii) Explosive device mitigation and remediation equipment.

(iii) Chemical, biological, radiological, and nuclear explosives
search, rescue, or response equipment.

(iv) Interoperable communications equipment.

(v) Physical security enhancement equipment.

(vi) The installation of fencing, barriers, gates, or related security
enhancements that are designed to improve the physical security
of transit stations, tunnels, guideways, elevated structures, or other
transit facilities and equipment.

(vii) Other safety- or security-related projects approved by the
Office of Emergency Services.

(B) Capital expenditures to increase the capacity of transit
operators to develop disaster response transportation systems that
can move people, goods, and emergency personnel and equipment
in the aftermath of a disaster impairing the mobility of goods,
people, and equipment.

(b) (1) Twenty-five percent of available funds shall be allocated
for capital expenditures to regional public waterborne transit
agencies authorized to operate a regional public water transit
system, including the operation of water transit vessels, terminals,
and feeder buses, and not otherwise eligible to receive State Transit
Assistance funds as of the effective date of this article. Funds shall
be allocated for eligible capital expenditures that enhance the
capacity of regional public waterborne transit agencies to provide
disaster response transportation systems that can move people,
goods, and emergency personnel and equipment in the aftermath
of a disaster or emergency.

(2) Eligible capital expenditures include, but are not limited to,
the construction or acquisition of new vessels, the capital
improvement or construction of docks, terminals, or other
waterborne transit facilities, the purchase of related equipment,
and the construction of fueling facilities. A project shall (A)
provide capital facilities and equipment to a regional public
waterborne transit system that enhances the ability of the system
to respond to a regional emergency, (B) be included in a regional
plan, including, but not limited to, a regional plan for waterborne
transit expansion or disaster response preparedness, and (C) provide
maximum flexibility in responding to disasters or emergencies.

(c) (1) Fifteen percent of available funds shall be made available
for capital expenditures to the intercity passenger rail system
described in Section 14035 and to the commuter rail systems
operated by the entities specified in Section 14072 and in Section
99314.1 of the Public Utilities Code.

(2) Eligible capital expenditures shall include either of the
following:

(A) A capital project that provides increased protection against
a security or safety threat, including, but not limited to, the
following:

(i) Construction or renovation projects that are designed to
enhance the security of public transit stations, tunnels, guideways,
elevated structures, or other transit facilities and equipment.

(ii) Explosive device mitigation and remediation equipment.

(iii) Chemical, biological, radiological, and nuclear explosives
search, rescue, or response equipment.

(iv) Interoperable communications equipment.

(v) Physical security enhancement equipment.

(vi) The installation of fencing, barriers, gates, or related security
enhancements that are designed to improve the physical security
of transit stations, tunnels, guideways, elevated structures, or other
transit facilities and equipment.

(vii) Other safety- or security-related projects approved by the
Office of Emergency Services.

(B) Capital expenditures to increase the capacity of transit
operators to develop disaster response transportation systems that
can move people, goods, and emergency personnel and equipment
in the aftermath of a disaster impairing the mobility of goods,
people, and equipment.

(d) (1) An entity that is eligible to receive funds pursuant to
subdivision (a) or (c) shall, within 45 days of the date the Controller
makes public the list of eligible recipients pursuant to Section
8879.58, provide a document, in a form as designated by the Office
of Emergency Services, to the Office of Emergency Services that
indicates the intent to use those funds, the project or projects for
which the funds will be used, and a schedule of funds to be drawn
down. If the entity does not submit the document required under
this paragraph, the funds allocated to the entity pursuant to
subdivision (a) or (c) shall be reallocated by the Office of
Emergency Services in accordance with paragraph (2). This
paragraph also applies to transit operators receiving a suballocation
from a transportation planning agency, in which case the operator
rather than the transportation planning agency is required to provide
the document.

(2) The Office of Emergency Services shall notify the
transportation planning agency if funds allocated to an entity within
the region of the transportation planning agency are being
reallocated pursuant to paragraph (1). The transportation planning
agency shall have 30 days to provide a document, in a form as
designated by the Office of Emergency Services, to the Office of
Emergency Services indicating its intent to distribute those funds
to transit operators or rail operators for purposes authorized under
subdivision (a) or (c). An agency providing that document shall
receive an allocation of the funds. If the transportation planning
agency does not provide the document within 30 days, the Office
of Emergency Services may allocate the funds on a competitive
basis, pursuant to guidelines established by the Office of
Emergency Services, to an entity in a different region of the state
that is an eligible entity under subdivision (a) or (c). An eligible
entity that is notified that it will be awarded these funds shall, as
a condition of receiving the funds, satisfy the requirements of
paragraph (1) within 45 days of being advised of the reallocation.
As used in this subdivision, “transportation planning agency”
includes the county transportation commission in counties that
have such a commission.

(3) The formula that applies to State Transit Assistance funds
shall not apply to a reallocation of funds under this subdivision.

begin delete SEC. 255. end delete
begin insert SEC. 230. end insert   

Section 8879.58 of the Government Code, as
amended by Section 8 of Chapter 32 of the Statutes of 2012, is
amended to read:

8879.58.  

(a) (1) No later than September 1 of the first fiscal
year in which the Legislature appropriates funds from the Transit
System Safety, Security, and Disaster Response Account, and no
later than September 1 of each fiscal year thereafter in which funds
are appropriated from that account, the Controller shall develop
and make public a list of eligible agencies and transit operators
and the amount of funds each is eligible to receive from the account
pursuant to subdivision (a) of Section 8879.57. It is the intent of
the Legislature that funds allocated to specified recipients pursuant
to this section provide each recipient with the same proportional
share of funds as the proportional share each received from the
allocation of State Transit Assistance funds, pursuant to Sections
99313 and 99314 of the Public Utilities Code, over fiscal years
2004-05, 2005-06, and 2006-07.

(2) In establishing the amount of funding each eligible recipient
is to receive under subdivision (a) of Section 8879.57 from
appropriated funds to be allocated based on Section 99313 of the
Public Utilities Code, the Controller shall make the following
computations:

(A) For each eligible recipient, compute the amounts of State
Transit Assistance funds allocated to that recipient pursuant to
Section 99313 of the Public Utilities Code during the 2004-05,
2005-06, and 2006-07 fiscal years.

(B) Compute the total statewide allocation of State Transit
Assistance funds pursuant to Section 99313 of the Public Utilities
Code during the 2004-05, 2005-06, and 2006-07 fiscal years.

(C) Divide subparagraph (A) by subparagraph (B).

(D) For each eligible recipient, multiply the allocation factor
computed pursuant to subparagraph (C) by 50 percent of the
amount available for allocation pursuant to subdivision (a) of
Section 8879.57.

(3) In establishing the amount of funding each eligible recipient
is eligible to receive under subdivision (a) of Section 8879.57 from
funds to be allocated based on Section 99314 of the Public Utilities
Code, the Controller shall make the following computations:

(A) For each eligible recipient, compute the amounts of State
Transit Assistance funds allocated to that recipient pursuant to
Section 99314 of the Public Utilities Code during the 2004-05,
2005-06, and 2006-07 fiscal years.

(B) Compute the total statewide allocation of State Transit
Assistance funds pursuant to Section 99314 of the Public Utilities
Code during the 2004-05, 2005-06, and 2006-07 fiscal years.

(C) Divide subparagraph (A) by subparagraph (B).

(D) For each eligible recipient, multiply the allocation factor
computed pursuant to subparagraph (C) by 50 percent of the
amount available for allocation pursuant to subdivision (a) of
Section 8879.57.

(4) The Controller shall notify eligible recipients of the amount
of funding each is eligible to receive pursuant to subdivision (a)
of Section 8879.57 for the duration of time that these funds are
made available for these purposes based on the computations
pursuant to subparagraph (D) of paragraph (2) and subparagraph
(D) of paragraph (3).

(b) Prior to seeking a disbursement of funds for an eligible
project, an agency or transit operator on the public list described
in paragraph (1) of subdivision (a) shall submit to the Office of
Emergency Services a description of the project it proposes to fund
with its share of funds from the account. The description shall
include all of the following:

(1) A summary of the proposed project that describes the safety,
security, or emergency response benefit that the project intends to
achieve.

(2) That the useful life of the project shall not be less than the
required useful life for capital assets specified in subdivision (a)
of Section 16727.

(3) The estimated schedule for the completion of the project.

(4) The total cost of the proposed project, including
identification of all funding sources necessary for the project to
be completed.

(c) After receiving the information required to be submitted
under subdivision (b), the agency shall review the information to
determine all of the following:

(1) The project is consistent with the purposes described in
subdivision (h) of Section 8879.23.

(2) The project is an eligible capital expenditure, as described
in subdivision (a) of Section 8879.57.

(3) The project is a capital improvement that meets the
requirements of paragraph (2) of subdivision (b).

(4) The project, or a useful component thereof, is, or will
become, fully funded with an allocation of funds from the Transit
System Safety, Security, and Disaster Response Account.

(d) (1) Upon conducting the review required in subdivision (c)
and determining that a proposed project meets the requirements
of that subdivision, the agency shall, on a quarterly basis, provide
the Controller with a list of projects and the sponsoring agencies
or transit operators eligible to receive an allocation from the
account.

(2) The list of projects submitted to the Controller for allocation
for any one fiscal year shall be constrained by the total amount of
funds appropriated by the Legislature for the purposes of this
section for that fiscal year.

(3) For a fiscal year in which the number of projects submitted
for funding under this section exceeds available funds, the agency
shall prioritize projects contained on the lists submitted pursuant
to paragraph (1) so that (A) projects addressing the greatest risks
to the public and that demonstrate the ability and intent to expend
a significant percentage of project funds within six months have
the highest priority and (B) to the maximum extent possible, the
list reflects a distribution of funding that is geographically
balanced.

(e) Upon receipt of the information from the agency required
by subdivision (d), the Controller’s office shall commence any
necessary actions to allocate funds to eligible agencies and transit
operators sponsoring projects on the list of projects, including, but
not limited to, seeking the issuance of bonds for that purpose. The
total allocations to any one eligible agency or transit operator shall
not exceed that agency’s or transit operator’s share of funds from
the account pursuant to the formula contained in subdivision (a)
of Section 8879.57.

(f) During each fiscal year that an agency or transit operator
receives funds pursuant to this section, the Office of Emergency
Services may monitor the project expenditures to ensure
compliance with this section.

(g) The Controller’s office may, pursuant to Section 12410, use
its authority to audit the use of state bond funds on projects
receiving an allocation under this section. Each eligible agency or
transit operator sponsoring a project subject to an audit shall
provide any and all data requested by the Controller’s office in
order to complete the audit. The Controller’s office shall transmit
copies of all completed audits to the agency and to the policy
committees of the Legislature with jurisdiction over transportation
and budget issues.

begin delete SEC. 256. end delete
begin insert SEC. 231. end insert   

Section 8879.59 of the Government Code, as
amended by Section 9 of Chapter 32 of the Statutes of 2012, is
amended to read:

8879.59.  

(a) For funds appropriated from the Transit System
Safety, Security, and Disaster Response Account for allocation to
transit agencies eligible to receive funds pursuant to subdivision
(b) of Section 8879.57, the Office of Emergency Services shall
administer a grant application and award program for those transit
agencies.

(b) Funds awarded to transit agencies pursuant to this section
shall be for eligible capital expenditures as described in subdivision
(b) of Section 8879.57.

(c) Prior to allocating funds to projects pursuant to this section,
the office shall adopt guidelines to establish the criteria and process
for the distribution of funds described in this section. Prior to
adopting the guidelines, the office shall hold a public hearing on
the proposed guidelines.

(d) For each fiscal year in which funds are appropriated for the
purposes of this section, the office shall issue a notice of funding
availability no later than October 1.

(e) No later than December 1 of each fiscal year in which the
notice in subdivision (d) is issued, eligible transit agencies may
submit project nominations for funding to the office for its review
and consideration. Project nominations shall include all of the
following:

(1) A description of the project, which shall illustrate the
physical components of the project and the security or emergency
response benefit to be achieved by the completion of the project.

(2) Identification of all nonbond sources of funding committed
to the project.

(3) An estimate of the project’s full cost and the proposed
schedule for the project’s completion.

(f) For a fiscal year in which the number of projects submitted
for funding under this section exceeds available funds, the office
shall prioritize projects so that projects addressing the greatest
risks to the public and that demonstrate the ability and intent to
expend a significant percentage of project funds within six months
have the highest priority.

(g) No later than February 1, the office shall select eligible
projects to receive grants under this section and shall provide the
Controller with a list of the projects and the sponsoring agencies
eligible to receive an allocation from the account. Upon receipt of
this information, the Controller’s office shall commence any
necessary actions to allocate funds to those agencies, including,
but not limited to, seeking the issuance of bonds for that purpose.
Grants awarded to eligible transit agencies pursuant to subdivision
(b) of Section 8879.57 shall be for eligible capital expenditures,
as described in paragraph (2) of subdivision (b) of that section.

(h) During each fiscal year that a transit agency receives funds
pursuant to this section, the office may monitor the project
expenditures to ensure project funds are expended in compliance
with the submitted project nomination.

begin delete SEC. 257. end delete
begin insert SEC. 232. end insert   

Section 8879.60 of the Government Code is amended
to read:

8879.60.  

(a) For funds appropriated from the Transit System
Safety, Security, and Disaster Response Account for allocation to
intercity and commuter rail operators eligible to receive funds
pursuant to subdivision (c) of Section 8879.57, the Office of
Emergency Services shall administer a grant application and award
program for those intercity and commuter rail operators.

(b) Funds awarded to intercity and commuter rail operators
pursuant to this section shall be for eligible capital expenditures
as described in subdivision (c) of Section 8879.57.

(c) Prior to allocating funds to projects pursuant to this section,
the office shall adopt guidelines to establish the criteria and process
for the distribution of funds described in this section. Prior to
adopting the guidelines, the office shall hold a public hearing on
the proposed guidelines.

(d) For each fiscal year in which funds are appropriated for the
purposes of this section, the office shall issue a notice of funding
availability no later than October 1.

(e) No later than December 1 of each fiscal year in which the
notice in subdivision (d) is issued, eligible intercity and commuter
rail operators may submit project nominations for funding to the
agency for its review and consideration. Project nominations shall
include all of the following:

(1) A description of the project, which shall illustrate the
physical components of the project and the security or emergency
response benefit to be achieved by the completion of the project.

(2) Identification of all nonbond sources of funding committed
to the project.

(3) An estimate of the project’s full cost and the proposed
schedule for the project’s completion.

(f) No later than February 1, the office shall select eligible
projects to receive grants under this section. Grants awarded to
intercity and commuter rail operators pursuant to subdivision (c)
of Section 8879.57 shall be for eligible capital expenditures, as
described in subparagraphs (A) and (B) of paragraph (2) of
subdivision (c) of that section.

begin delete SEC. 258. end delete
begin insert SEC. 233. end insert   

Section 8879.61 of the Government Code is amended
to read:

8879.61.  

(a) (1) Entities described in subdivisions (a), (b),
and (c) of Section 8879.57 receiving an allocation of funds pursuant
to this article shall expend those funds within three fiscal years of
the fiscal year in which the funds were allocated. Funds remaining
unexpended thereafter shall revert to the Office of Emergency
Services for reallocation under this article in subsequent fiscal
years.

(2) Notwithstanding paragraph (1), for an allocation of funds
made prior to June 30, 2011, to an entity described in subdivision
(b) of Section 8879.57, that entity shall have four fiscal years from
the last day of the fiscal year in which the funds were received by
that entity to expend those funds.

(b) Entities that receive grant awards from funds allocated
pursuant to subdivision (b) of Section 8879.57 are not eligible to
receive awards from the funds allocated pursuant to subdivision
(a) of Section 8879.57.

(c) Funds appropriated for the program established by this article
in the Budget Act of 2007 shall be allocated consistent with the
allocation schedule established in Section 8879.57.

(d) On or before May 1 of each year, the Office of Emergency
Services shall report to the Senate Committee on Budget and Fiscal
Review, the Assembly Committee on Budget, the Senate
Committee on Transportation and Housing, the Assembly
Committee on Transportation, and the Legislative Analyst’s Office
on its activities under this article. The report shall include a
summary of the projects selected for funding during the fiscal year
in which awards were made, the status of projects selected for
funding in prior fiscal years, and a list of all transit entities that
have not used funds allocated to the transit entities pursuant to
Section 8879.57.

begin delete SEC. 259. end delete
begin insert SEC. 234. end insert   

Section 8886 of the Government Code is amended
to read:

8886.  

(a) The membership of the California Broadband Council
shall include all of the following:

(1) The Director of Technology, or his or her designee.

(2) The President of the Public Utilities Commission, or his or
her designee.

(3) The Director of Emergency Services, or his or her designee.

(4) The Superintendent of Public Instruction, or his or her
designee.

(5) The Director of General Services, or his or her designee.

(6) The Secretary of Transportation, or his or her designee.

(7) The President of the California Emerging Technology Fund,
or his or her designee.

(8) A member of the Senate, appointed by the Senate Committee
on Rules.

(9) A member of the Assembly, appointed by the Speaker of
the Assembly.

(b) Members of the Legislature appointed to the council shall
participate in the activities of the council to the extent that their
participation is not incompatible with their positions as Members
of the Legislature.

begin delete SEC. 260. end delete
begin insert SEC. 235. end insert   

Section 11018.5 of the Government Code is amended
to read:

11018.5.  

(a) The Bureau of Real Estate, on or after July 1,
2001, unless otherwise authorized by the Department of
Information Technology pursuant to Executive Order D-3-99, shall
provide on the Internet information regarding the status of every
license issued by that entity in accordance with the California
Public Records Act (Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code) and the
Information Practices Act of 1977 (Chapter 1 (commencing with
Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code),
including information relative to suspensions and revocations of
licenses issued by that state agency and other related enforcement
action taken against persons, businesses, or facilities subject to
licensure or regulation by a state agency.

(b) The Bureau of Real Estate shall disclose information on its
licensees, including real estate brokers and agents, on the Internet
that is in compliance with the bureau’s public record access
guidelines. In instances where licensees use their home address as
a mailing address, the bureau shall allow licensees to provide a
post office box number or other alternate address where
correspondence may be received. Notwithstanding the foregoing,
real estate brokers shall provide the bureau with the actual address
of their place or places of business as required by Section 10162
of the Business and Professions Code.

(c) “Internet” for the purposes of this section has the meaning
set forth in paragraph (6) of subdivision (e) of Section 17538 of
the Business and Professions Code.

begin delete SEC. 261. end delete
begin insert SEC. 236. end insert   

Section 11126 of the Government Code is amended
to read:

11126.  

(a) (1) Nothing in this article shall be construed to
prevent a state body from holding closed sessions during a regular
or special meeting to consider the appointment, employment,
evaluation of performance, or dismissal of a public employee or
to hear complaints or charges brought against that employee by
another person or employee unless the employee requests a public
hearing.

(2) As a condition to holding a closed session on the complaints
or charges to consider disciplinary action or to consider dismissal,
the employee shall be given written notice of his or her right to
have a public hearing, rather than a closed session, and that notice
shall be delivered to the employee personally or by mail at least
24 hours before the time for holding a regular or special meeting.
If notice is not given, any disciplinary or other action taken against
any employee at the closed session shall be null and void.

(3) The state body also may exclude from any public or closed
session, during the examination of a witness, any or all other
witnesses in the matter being investigated by the state body.

(4) Following the public hearing or closed session, the body
may deliberate on the decision to be reached in a closed session.

(b) For the purposes of this section, “employee” does not include
any person who is elected to, or appointed to a public office by,
any state body. However, officers of the California State University
who receive compensation for their services, other than per diem
and ordinary and necessary expenses, shall, when engaged in that
capacity, be considered employees. Furthermore, for purposes of
this section, the term employee includes a person exempt from
civil service pursuant to subdivision (e) of Section 4 of Article VII
of the California Constitution.

(c) Nothing in this article shall be construed to do any of the
following:

(1) Prevent state bodies that administer the licensing of persons
engaging in businesses or professions from holding closed sessions
to prepare, approve, grade, or administer examinations.

(2) Prevent an advisory body of a state body that administers
the licensing of persons engaged in businesses or professions from
conducting a closed session to discuss matters that the advisory
body has found would constitute an unwarranted invasion of the
privacy of an individual licensee or applicant if discussed in an
open meeting, provided the advisory body does not include a
quorum of the members of the state body it advises. Those matters
may include review of an applicant’s qualifications for licensure
and an inquiry specifically related to the state body’s enforcement
program concerning an individual licensee or applicant where the
inquiry occurs prior to the filing of a civil, criminal, or
administrative disciplinary action against the licensee or applicant
by the state body.

(3) Prohibit a state body from holding a closed session to
deliberate on a decision to be reached in a proceeding required to
be conducted pursuant to Chapter 5 (commencing with Section
11500) or similar provisions of law.

(4) Grant a right to enter any correctional institution or the
grounds of a correctional institution where that right is not
otherwise granted by law, nor shall anything in this article be
construed to prevent a state body from holding a closed session
when considering and acting upon the determination of a term,
parole, or release of any individual or other disposition of an
individual case, or if public disclosure of the subjects under
discussion or consideration is expressly prohibited by statute.

(5) Prevent any closed session to consider the conferring of
honorary degrees, or gifts, donations, and bequests that the donor
or proposed donor has requested in writing to be kept confidential.

(6) Prevent the Alcoholic Beverage Control Appeals Board from
holding a closed session for the purpose of holding a deliberative
conference as provided in Section 11125.

(7) (A) Prevent a state body from holding closed sessions with
its negotiator prior to the purchase, sale, exchange, or lease of real
property by or for the state body to give instructions to its
negotiator regarding the price and terms of payment for the
purchase, sale, exchange, or lease.

(B) However, prior to the closed session, the state body shall
hold an open and public session in which it identifies the real
property or real properties that the negotiations may concern and
the person or persons with whom its negotiator may negotiate.

(C) For purposes of this paragraph, the negotiator may be a
member of the state body.

(D) For purposes of this paragraph, “lease” includes renewal or
renegotiation of a lease.

(E) Nothing in this paragraph shall preclude a state body from
holding a closed session for discussions regarding eminent domain
proceedings pursuant to subdivision (e).

(8) Prevent the California Postsecondary Education Commission
from holding closed sessions to consider matters pertaining to the
appointment or termination of the Director of the California
Postsecondary Education Commission.

(9) Prevent the Council for Private Postsecondary and
Vocational Education from holding closed sessions to consider
matters pertaining to the appointment or termination of the
Executive Director of the Council for Private Postsecondary and
Vocational Education.

(10) Prevent the Franchise Tax Board from holding closed
sessions for the purpose of discussion of confidential tax returns
or information the public disclosure of which is prohibited by law,
or from considering matters pertaining to the appointment or
removal of the Executive Officer of the Franchise Tax Board.

(11) Require the Franchise Tax Board to notice or disclose any
confidential tax information considered in closed sessions, or
documents executed in connection therewith, the public disclosure
of which is prohibited pursuant to Article 2 (commencing with
Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the
Revenue and Taxation Code.

(12) Prevent the Corrections Standards Authority from holding
closed sessions when considering reports of crime conditions under
Section 6027 of the Penal Code.

(13) Prevent the State Air Resources Board from holding closed
sessions when considering the proprietary specifications and
performance data of manufacturers.

(14) Prevent the State Board of Education or the Superintendent
of Public Instruction, or any committee advising the board or the
Superintendent, from holding closed sessions on those portions of
its review of assessment instruments pursuant to Chapter 5
(commencing with Section 60600) of, or pursuant to Chapter 9
(commencing with Section 60850) of, Part 33 of Division 4 of
Title 2 of the Education Code during which actual test content is
reviewed and discussed. The purpose of this provision is to
maintain the confidentiality of the assessments under review.

(15) Prevent the Department of Resources Recycling and
Recovery or its auxiliary committees from holding closed sessions
for the purpose of discussing confidential tax returns, discussing
trade secrets or confidential or proprietary information in its
possession, or discussing other data, the public disclosure of which
is prohibited by law.

(16) Prevent a state body that invests retirement, pension, or
endowment funds from holding closed sessions when considering
investment decisions. For purposes of consideration of shareholder
voting on corporate stocks held by the state body, closed sessions
for the purposes of voting may be held only with respect to election
of corporate directors, election of independent auditors, and other
financial issues that could have a material effect on the net income
of the corporation. For the purpose of real property investment
decisions that may be considered in a closed session pursuant to
this paragraph, a state body shall also be exempt from the
provisions of paragraph (7) relating to the identification of real
properties prior to the closed session.

(17) Prevent a state body, or boards, commissions,
administrative officers, or other representatives that may properly
be designated by law or by a state body, from holding closed
sessions with its representatives in discharging its responsibilities
under Chapter 10 (commencing with Section 3500), Chapter 10.3
(commencing with Section 3512), Chapter 10.5 (commencing with
Section 3525), or Chapter 10.7 (commencing with Section 3540)
of Division 4 of Title 1 as the sessions relate to salaries, salary
schedules, or compensation paid in the form of fringe benefits.
For the purposes enumerated in the preceding sentence, a state
body may also meet with a state conciliator who has intervened
in the proceedings.

(18) (A) Prevent a state body from holding closed sessions to
consider matters posing a threat or potential threat of criminal or
terrorist activity against the personnel, property, buildings,
facilities, or equipment, including electronic data, owned, leased,
or controlled by the state body, where disclosure of these
considerations could compromise or impede the safety or security
of the personnel, property, buildings, facilities, or equipment,
including electronic data, owned, leased, or controlled by the state
body.

(B) Notwithstanding any other provision of law, a state body,
at any regular or special meeting, may meet in a closed session
pursuant to subparagraph (A) upon a two-thirds vote of the
members present at the meeting.

(C) After meeting in closed session pursuant to subparagraph
(A), the state body shall reconvene in open session prior to
adjournment and report that a closed session was held pursuant to
subparagraph (A), the general nature of the matters considered,
and whether any action was taken in closed session.

(D) After meeting in closed session pursuant to subparagraph
(A), the state body shall submit to the Legislative Analyst written
notification stating that it held this closed session, the general
reason or reasons for the closed session, the general nature of the
matters considered, and whether any action was taken in closed
session. The Legislative Analyst shall retain for no less than four
years any written notification received from a state body pursuant
to this subparagraph.

(19) Prevent the California Sex Offender Management Board
from holding a closed session for the purpose of discussing matters
pertaining to the application of a sex offender treatment provider
for certification pursuant to Sections 290.09 and 9003 of the Penal
Code. Those matters may include review of an applicant’s
qualifications for certification.

(d) (1) Notwithstanding any other provision of law, any meeting
of the Public Utilities Commission at which the rates of entities
under the commission’s jurisdiction are changed shall be open and
public.

(2) Nothing in this article shall be construed to prevent the
Public Utilities Commission from holding closed sessions to
deliberate on the institution of proceedings, or disciplinary actions
against any person or entity under the jurisdiction of the
commission.

(e) (1) Nothing in this article shall be construed to prevent a
state body, based on the advice of its legal counsel, from holding
a closed session to confer with, or receive advice from, its legal
counsel regarding pending litigation when discussion in open
session concerning those matters would prejudice the position of
the state body in the litigation.

(2) For purposes of this article, all expressions of the
lawyer-client privilege other than those provided in this subdivision
are hereby abrogated. This subdivision is the exclusive expression
of the lawyer-client privilege for purposes of conducting closed
session meetings pursuant to this article. For purposes of this
subdivision, litigation shall be considered pending when any of
the following circumstances exist:

(A) An adjudicatory proceeding before a court, an administrative
body exercising its adjudicatory authority, a hearing officer, or an
arbitrator, to which the state body is a party, has been initiated
formally.

(B) (i) A point has been reached where, in the opinion of the
state body on the advice of its legal counsel, based on existing
facts and circumstances, there is a significant exposure to litigation
against the state body.

(ii) Based on existing facts and circumstances, the state body
is meeting only to decide whether a closed session is authorized
pursuant to clause (i).

(C) (i) Based on existing facts and circumstances, the state
body has decided to initiate or is deciding whether to initiate
litigation.

(ii) The legal counsel of the state body shall prepare and submit
to it a memorandum stating the specific reasons and legal authority
for the closed session. If the closed session is pursuant to paragraph
(1), the memorandum shall include the title of the litigation. If the
closed session is pursuant to subparagraph (A) or (B), the
memorandum shall include the existing facts and circumstances
on which it is based. The legal counsel shall submit the
memorandum to the state body prior to the closed session, if
feasible, and in any case no later than one week after the closed
session. The memorandum shall be exempt from disclosure
pursuant to Section 6254.25.

(iii) For purposes of this subdivision, “litigation” includes any
adjudicatory proceeding, including eminent domain, before a court,
administrative body exercising its adjudicatory authority, hearing
officer, or arbitrator.

(iv) Disclosure of a memorandum required under this
subdivision shall not be deemed as a waiver of the lawyer-client
privilege, as provided for under Article 3 (commencing with
Section 950) of Chapter 4 of Division 8 of the Evidence Code.

(f) In addition to subdivisions (a), (b), and (c), nothing in this
article shall be construed to do any of the following:

(1) Prevent a state body operating under a joint powers
agreement for insurance pooling from holding a closed session to
discuss a claim for the payment of tort liability or public liability
losses incurred by the state body or any member agency under the
joint powers agreement.

(2) Prevent the examining committee established by the State
Board of Forestry and Fire Protection, pursuant to Section 763 of
the Public Resources Code, from conducting a closed session to
consider disciplinary action against an individual professional
forester prior to the filing of an accusation against the forester
pursuant to Section 11503.

(3) Prevent the enforcement advisory committee established by
the California Board of Accountancy pursuant to Section 5020 of
the Business and Professions Code from conducting a closed
session to consider disciplinary action against an individual
accountant prior to the filing of an accusation against the
accountant pursuant to Section 11503. Nothing in this article shall
be construed to prevent the qualifications examining committee
established by the California Board of Accountancy pursuant to
Section 5023 of the Business and Professions Code from
conducting a closed hearing to interview an individual applicant
or accountant regarding the applicant’s qualifications.

(4) Prevent a state body, as defined in subdivision (b) of Section
11121, from conducting a closed session to consider any matter
that properly could be considered in closed session by the state
body whose authority it exercises.

(5) Prevent a state body, as defined in subdivision (d) of Section
11121, from conducting a closed session to consider any matter
that properly could be considered in a closed session by the body
defined as a state body pursuant to subdivision (a) or (b) of Section
11121.

(6) Prevent a state body, as defined in subdivision (c) of Section
11121, from conducting a closed session to consider any matter
that properly could be considered in a closed session by the state
body it advises.

(7) Prevent the State Board of Equalization from holding closed
sessions for either of the following:

(A) When considering matters pertaining to the appointment or
removal of the Executive Secretary of the State Board of
Equalization.

(B) For the purpose of hearing confidential taxpayer appeals or
data, the public disclosure of which is prohibited by law.

(8) Require the State Board of Equalization to disclose any
action taken in closed session or documents executed in connection
with that action, the public disclosure of which is prohibited by
law pursuant to Sections 15619 and 15641 of this code and Sections
833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651,
45982, 46751, 50159, 55381, and 60609 of the Revenue and
Taxation Code.

(9) Prevent the California Earthquake Prediction Evaluation
Council, or other body appointed to advise the Director of
Emergency Services or the Governor concerning matters relating
to volcanic or earthquake predictions, from holding closed sessions
when considering the evaluation of possible predictions.

(g) This article does not prevent either of the following:

(1) The Teachers’ Retirement Board or the Board of
Administration of the Public Employees’ Retirement System from
holding closed sessions when considering matters pertaining to
the recruitment, appointment, employment, or removal of the chief
executive officer or when considering matters pertaining to the
recruitment or removal of the Chief Investment Officer of the State
Teachers’ Retirement System or the Public Employees’ Retirement
System.

(2) The Commission on Teacher Credentialing from holding
closed sessions when considering matters relating to the
recruitment, appointment, or removal of its executive director.

(h) This article does not prevent the Board of Administration
of the Public Employees’ Retirement System from holding closed
sessions when considering matters relating to the development of
rates and competitive strategy for plans offered pursuant to Chapter
15 (commencing with Section 21660) of Part 3 of Division 5 of
Title 2.

(i) This article does not prevent the Managed Risk Medical
Insurance Board from holding closed sessions when considering
matters related to the development of rates and contracting strategy
for entities contracting or seeking to contract with the board,
entities with which the board is considering a contract, or entities
with which the board is considering or enters into any other
arrangement under which the board provides, receives, or arranges
services or reimbursement, pursuant to Part 6.2 (commencing with
Section 12693), Part 6.3 (commencing with Section 12695), Part
6.4 (commencing with Section 12699.50), Part 6.5 (commencing
with Section 12700), Part 6.6 (commencing with Section 12739.5),
or Part 6.7 (commencing with Section 12739.70) of Division 2 of
the Insurance Code.

(j) Nothing in this article shall be construed to prevent the board
of the State Compensation Insurance Fund from holding closed
sessions in the following:

(1) When considering matters related to claims pursuant to
Chapter 1 (commencing with Section 3200) of Division 4 of the
Labor Code, to the extent that confidential medical information
or other individually identifiable information would be disclosed.

(2) To the extent that matters related to audits and investigations
that have not been completed would be disclosed.

(3) To the extent that an internal audit containing proprietary
information would be disclosed.

(4) To the extent that the session would address the development
of rates, contracting strategy, underwriting, or competitive strategy,
pursuant to the powers granted to the board in Chapter 4
(commencing with Section 11770) of Part 3 of Division 2 of the
Insurance Code, when discussion in open session concerning those
matters would prejudice the position of the State Compensation
Insurance Fund.

(k) The State Compensation Insurance Fund shall comply with
the procedures specified in Section 11125.4 of the Government
Code with respect to any closed session or meeting authorized by
subdivision (j), and in addition shall provide an opportunity for a
member of the public to be heard on the issue of the
appropriateness of closing the meeting or session.

begin delete SEC. 262. end delete
begin insert SEC. 237. end insert   

Section 11340.2 of the Government Code is amended
to read:

11340.2.  

(a) The Office of Administrative Law is hereby
established in state government in the Government Operations
Agency. The office shall be under the direction and control of an
executive officer who shall be known as the director. There shall
also be a deputy director. The director’s term and the deputy
director’s term of office shall be coterminous with that of the
appointing power, except that they shall be subject to
reappointment.

(b) The director and deputy director shall have the same
qualifications as a hearing officer and shall be appointed by the
Governor subject to the confirmation of the Senate.

begin delete

SEC. 263.  

Section 11534 of the Government Code is amended
to read:

11534.  

(a) There is in state government, in the Government
Operations Agency, the Department of Technology, which shall
include an Office of Technology Services.

(b) The purpose of this article is to establish a general purpose
technology services provider to serve the common technology
needs of executive branch entities with accountability to customers
for providing secure services that are responsive to client needs at
a cost representing best value to the state.

(c) The purpose of this chapter is to improve and coordinate the
use of technology and to coordinate and cooperate with all public
agencies in the state in order to eliminate duplications and to bring
about economies that could not otherwise be obtained.

(d) Unless the context clearly requires otherwise, whenever the
term “Department of Technology Services” appears in any statute,
regulation, or contract, it shall be deemed to refer to the Department
of Technology, and whenever the term “Director of Technology
Services” or “Secretary of California Technology” appears in
statute, regulation, or contract, or any other law, it shall be deemed
to refer to the Director of Technology.

(e) Unless the context clearly requires otherwise, the Department
of Technology and the Director of Technology succeed to and are
vested with all the duties, powers, purposes, responsibilities, and
jurisdiction vested in the former Office of Technology Services,
Department of Technology Services, Director of Technology
Services, and Secretary of California Technology, respectively.

(f) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of
functions transferred to the Department of Technology, are
transferred to the Department of Technology. The status, positions,
and rights of those persons shall not be affected by their transfer
and shall continue to be retained by them pursuant to the State
Civil Service Act (Part 2 (commencing with Section 18500) of
Division 5), except as to positions the duties of which are vested
in a position exempt from civil service. The personnel records of
all transferred employees shall be transferred to the Department
of Technology.

(g) The property of any office, agency, or department related
to functions transferred to the Department of Technology is
transferred to the Department of Technology. If any doubt arises
as to where that property is transferred, the Department of General
Services shall determine where the property is transferred.

(h) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the Department of
Technology shall be transferred to the Department of Technology
for the use and for the purpose for which the appropriation was
originally made or the funds were originally available. If there is
any doubt as to where those balances and funds are transferred,
the Department of Finance shall determine where the balances and
funds are transferred.

SEC. 264.  

Section 11541 of the Government Code is amended
to read:

11541.  

(a) The Department of Technology may acquire, install,
equip, maintain, and operate new or existing business
telecommunications systems and services. Acquisitions for
information technology goods and services shall be made pursuant
to Chapter 3 (commencing with Section 12100) of Part 2 of
Division 2 of the Public Contract Code. To accomplish that
purpose, the department may enter into contracts, obtain licenses,
acquire personal property, install necessary equipment and
facilities, and do other acts that will provide adequate and efficient
business telecommunications systems and services. Any system
established shall be made available to all public agencies in the
state on terms that may be agreed upon by the agency and the
department.

(b) With respect to business telecommunications systems and
services, the department may do all of the following:

(1) Provide representation of public agencies before the Federal
Communications Commission in matters affecting the state and
other public agencies regarding business telecommunications
systems and services issues.

(2) Provide, upon request, advice to public agencies concerning
existing or proposed business telecommunications systems and
services between any and all public agencies.

(3) Recommend to public agencies rules, regulations,
procedures, and methods of operation that it deems necessary to
effectuate the most efficient and economical use of business
telecommunications systems and services within the state.

(4) Carry out the policies of this chapter.

(c) The department has responsibilities with respect to business
telecommunications systems, services, policy, and planning, which
include, but are not limited to, all of the following:

(1) Assessing the overall long-range business
telecommunications needs and requirements of the state
considering both routine and emergency operations for business
telecommunications systems and services, performance, cost,
state-of-the-art technology, multiuser availability, security,
reliability, and other factors deemed to be important to state needs
and requirements.

(2) Developing strategic and tactical policies and plans for
business telecommunications with consideration for the systems
and requirements of public agencies.

(3) Recommending industry standards, service level agreements,
and solutions regarding business telecommunications systems and
services to ensure multiuser availability and compatibility.

(4) Providing advice and assistance in the selection of business
telecommunications equipment to ensure all of the following:

(A) Ensuring that the business telecommunications needs of
state agencies are met.

(B) Ensuring that procurement is compatible throughout state
agencies and is consistent with the state’s strategic and tactical
plans for telecommunications.

(C) Ensuring that procurement is designed to leverage the buying
power of the state and encourage economies of scale.

(5) Providing management oversight of statewide business
telecommunications systems and services developments.

(6) Providing for coordination of, and comment on, plans and
policies and operational requirements from departments that utilize
business telecommunications systems and services as determined
by the department.

(7) Monitoring and participating, on behalf of the state, in the
proceedings of federal and state regulatory agencies and in
congressional and state legislative deliberations that have an impact
on state governmental business telecommunications activities.

(d) The department shall develop and describe statewide policy
on the use of business telecommunications systems and services
by state agencies. In the development of that policy, the department
shall ensure that access to state business information and services
is improved, and that the policy is cost effective for the state and
its residents. The department shall develop guidelines that do all
of the following:

(1) Describe what types of state business information and
services may be accessed using business telecommunications
systems and services.

(2) Characterize the conditions under which a state agency may
utilize business telecommunications systems and services.

(3) Characterize the conditions under which a state agency may
charge for information and services.

(4) Specify pricing policies.

(5) Provide other guidance as may be appropriate at the
discretion of the Office of Technology Services.

SEC. 265.  

Section 11542 of the Government Code is amended
to read:

11542.  

(a) (1) The Stephen P. Teale Data Center and the
California Health and Human Services Agency Data Center are
consolidated within, and their functions are transferred to, the
Department of Technology.

(2) Except as expressly provided otherwise in this chapter, the
Department of Technology is the successor to, and is vested with,
all of the duties, powers, purposes, responsibilities, and jurisdiction
of the Stephen P. Teale Data Center, and the California Health and
Human Services Agency Data Center. Any reference in statutes,
regulations, or contracts to those entities with respect to the
transferred functions shall be construed to refer to the Department
of Technology unless the context clearly requires otherwise.

(3) No contract, lease, license, or any other agreement to which
either the Stephen P. Teale Data Center or the California Health
and Human Services Agency Data Center is a party shall be void
or voidable by reason of this chapter, but shall continue in full
force and effect, with the Department of Technology assuming all
of the rights, obligations, and duties of the Stephen P. Teale Data
Center or the California Health and Human Services Agency Data
Center, respectively.

(4) Notwithstanding subdivision (e) of Section 11793 and
subdivision (e) of Section 11797, on and after the effective date
of this chapter, the balance of any funds available for expenditure
by the Stephen P. Teale Data Center and the California Health and
Human Services Agency Data Center, with respect to business
telecommunications systems and services functions in carrying
out any functions transferred to the Office of Technology Services
by this chapter, shall be transferred to the Technology Services
Revolving Fund created by Section 11544, and shall be made
available for the support and maintenance of the Department of
Technology.

(5) All references in statutes, regulations, or contracts to the
former Stephen P. Teale Data Center Fund or the California Health
and Human Services Data Center Revolving Fund shall be
construed to refer to the Technology Services Revolving Fund
unless the context clearly requires otherwise.

(6) All books, documents, records, and property of the Stephen
P. Teale Data Center and the California Health and Human Services
Agency Data Center, excluding the Systems Integration Division,
shall be transferred to the Department of Technology.

(7) (A) All officers and employees of the former Stephen P.
Teale Data Center and the California Health and Human Services
Agency Data Center, are transferred to the Department of
Technology.

(B) The status, position, and rights of any officer or employee
of the Stephen P. Teale Data Center and the California Health and
Human Services Agency Data Center, shall not be affected by the
transfer and consolidation of the functions of that officer or
employee to the Department of Technology.

(b) (1) All duties and functions of the Telecommunications
Division of the Department of General Services are transferred to
the Department of Technology.

(2) Unless the context clearly requires otherwise, whenever the
term “Telecommunications Division of the Department of General
Services” or “California Technology Agency” appears in any
statute, regulation, or contract, or any other law, it shall be deemed
to refer to the Department of Technology.

(3) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of
functions transferred to the California Technology Agency, are
transferred to the Department of Technology. The status, positions,
and rights of those persons shall not be affected by their transfer
and shall continue to be retained by them pursuant to the State
Civil Service Act (Part 2 (commencing with Section 18500) of
Division 5), except as to positions the duties of which are vested
in a position exempt from civil service. The personnel records of
all transferred employees shall be transferred to the Department
of Technology.

(4) The property of any office, agency, or department related
to functions transferred to the California Technology Agency, are
transferred to the Department of Technology. If any doubt arises
as to where that property is transferred, the Department of General
Services shall determine where the property is transferred.

(5) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the Department of
Technology shall be transferred to the Department of Technology
for the use and for the purpose for which the appropriation was
originally made or the funds were originally available. If there is
any doubt as to where those balances and funds are transferred,
the Department of Finance shall determine where the balances and
funds are transferred.

SEC. 266.  

Section 11546 of the Government Code, as amended
by Section 11 of Chapter 32 of the Statutes of 2012, is amended
to read:

11546.  

(a) The Department of Technology shall be responsible
for the approval and oversight of information technology projects,
which shall include, but are not limited to, all of the following:

(1) Establishing and maintaining a framework of policies,
procedures, and requirements for the initiation, approval,
implementation, management, oversight, and continuation of
information technology projects. Unless otherwise required by
law, a state department shall not procure oversight services of
information technology projects without the approval of the
Department of Technology.

(2) Evaluating information technology projects based on the
business case justification, resources requirements, proposed
technical solution, project management, oversight and risk
mitigation approach, and compliance with statewide strategies,
policies, and procedures. Projects shall continue to be funded
through the established Budget Act process.

(3) Consulting with agencies during initial project planning to
ensure that project proposals are based on well-defined
programmatic needs, clearly identify programmatic benefits, and
consider feasible alternatives to address the identified needs and
benefits consistent with statewide strategies, policies, and
procedures.

(4) Consulting with agencies prior to project initiation to review
the project governance and management framework to ensure that
it is best designed for success and will serve as a resource for
agencies throughout the project implementation.

(5) Requiring agencies to provide information on information
technology projects including, but not limited to, all of the
following:

(A) The degree to which the project is within approved scope,
cost, and schedule.

(B) Project issues, risks, and corresponding mitigation efforts.

(C) The current estimated schedule and costs for project
completion.

(6) Requiring agencies to perform remedial measures to achieve
compliance with approved project objectives. These remedial
measures may include, but are not limited to, any of the following:

(A) Independent assessments of project activities, the cost of
which shall be funded by the agency administering the project.

(B) Establishing remediation plans.

(C) Securing appropriate expertise, the cost of which shall be
funded by the agency administering the project.

(D) Requiring additional project reporting.

(E) Requiring approval to initiate any action identified in the
approved project schedule.

(7) Suspending, reinstating, or terminating information
technology projects. The department shall notify the Joint
Legislative Budget Committee of any project suspension,
reinstatement, and termination within 30 days of that suspension,
reinstatement, or termination.

(8) Establishing restrictions or other controls to mitigate
nonperformance by agencies, including, but not limited to, any of
the following:

(A) The restriction of future project approvals pending
demonstration of successful correction of the identified
performance failure.

(B) The revocation or reduction of authority for state agencies
to initiate information technology projects or acquire information
technology or telecommunications goods or services.

(b) The Department of Technology shall have the authority to
delegate to another agency any authority granted under this section
based on its assessment of the agency’s project management,
project oversight, and project performance.

end delete

begin delete SEC. 267. end delete
begin insert SEC. 238. end insert   

Section 11546.2 of the Government Code is amended
to read:

11546.2.  

On or before February 1, 2011, and annually
thereafter, each state agency and state entity subject to Section
11546.1, shall submit, as instructed by the Department of
Technology, a summary of its actual and projected information
technology and telecommunications costs, including personnel,
for the immediately preceding fiscal year and current fiscal year,
showing current expenses and projected expenses for the current
fiscal year, in a format prescribed by the Department of Technology
in order to capture statewide information technology expenditures.

begin delete SEC. 268. end delete
begin insert SEC. 239. end insert   

Section 11546.3 of the Government Code is amended
to read:

11546.3.  

(a) (1) A chief information officer appointed under
Section 11546.1 shall develop a plan to leverage cost-effective
strategies to reduce the total amount of energy utilized by
information technology and telecommunications equipment of the
officer’s agency or entity, as the case may be, in support of the
statewide effort to reduce energy consumption by 20 percent below
the 2009 baseline by July 1, 2011, and by 30 percent below the
2009 baseline by July 1, 2012.

(2) A chief information officer appointed under Section 11546.1
shall report the progress toward the energy reduction targets in
paragraph (1) to the Department of Technology on a quarterly
basis beginning in January 2011. The Department of Technology
shall include the quarterly reports on its Internet Web site.

(b) (1) A state agency or entity subject to Section 11546.1 shall
do all of the following:

(A) Comply with the policies of the Department of Technology
to reduce the total amount of office square footage currently
utilized for data centers by the agency or entity, as the case may
be, in support of the statewide effort to reduce energy consumption
by 50 percent below the 2009 baseline by July 2011.

(B) Host all mission critical and public-facing applications and
server refreshes in a Tier III or equivalent data center, as designated
by the Department of Technology.

(C) Close any existing data centers or server rooms that house
nonnetwork equipment by June 2013. On or before July 2011,
transition plans, in accordance with guidance provided by the
Department of Technology, shall be submitted to the Department
of Technology.

(D) Be in migration from its existing network services to the
California Government Network by no later than July 2011.

(E) Report to the Department of Technology on the progress
toward the targets listed in this subdivision on a quarterly basis,
beginning in January 2011.

(2) The Department of Technology shall include the quarterly
reports required by subparagraph (E) of paragraph (1) on its
Internet Web site.

(c) (1) A state agency or entity subject to Section 11546.1 shall
do both of the following:

(A) Be in migration to the state shared email solution by no
later than June 2011.

(B) Report to the Department of Technology on the progress
toward the target listed in subparagraph (A) on a quarterly basis,
beginning in April 2011.

(2) The Department of Technology shall include the quarterly
reports required by subparagraph (B) of paragraph (1) on its
Internet Web site.

begin delete SEC. 269. end delete
begin insert SEC. 240. end insert   

Section 11546.4 of the Government Code is amended
to read:

11546.4.  

Notwithstanding any other law, any service contract
proposed to be entered into by an agency that would not otherwise
be subject to review, approval, or oversight by the Department of
Technology but that contains an information technology component
that would be subject to oversight by the Department of
Technology if it was a separate information technology project,
shall be subject to review, approval, and oversight by the
Department of Technology as set forth in Section 11546.

begin delete SEC. 270. end delete
begin insert SEC. 241. end insert   

Section 11546.5 of the Government Code is amended
to read:

11546.5.  

Notwithstanding any other law, all employees of the
Department of Technology shall be designated as excluded from
collective bargaining pursuant to subdivision (b) of Section 3527,
except for employees of the Office of Technology Services and
employees of the Public Safety Communications Division who
are not otherwise excluded from collective bargaining.

begin delete SEC. 271. end delete
begin insert SEC. 242. end insert   

Section 11546.6 of the Government Code is amended
to read:

11546.6.  

(a) The Director of Technology shall require
fingerprint images and associated information from an employee,
prospective employee, contractor, subcontractor, volunteer, or
vendor whose duties include, or would include, working on data
center, telecommunications, or network operations, engineering,
or security with access to confidential or sensitive information and
data on the network or computing infrastructure.

(b) The fingerprint images and associated information described
in subdivision (a) shall be furnished to the Department of Justice
for the purpose of obtaining information as to the existence and
nature of any of the following:

(1) A record of state or federal convictions and the existence
and nature of state or federal arrests for which the person is free
on bail or on his or her own recognizance pending trial or appeal.

(2) Being convicted of, or pleading nolo contendere to, a crime,
or having committed an act involving dishonesty, fraud, or deceit,
if the crime or act is substantially related to the qualifications,
functions, or duties of a person employed by the state in accordance
with this provision.

(3) Any conviction or arrest, for which the person is free on bail
or on his or her own recognizance pending trial or appeal, with a
reasonable nexus to the information or data to which the employee
shall have access.

(c) Requests for federal criminal offender record information
received by the Department of Justice pursuant to this section shall
be forwarded to the Federal Bureau of Investigation by the
Department of Justice.

(d) The Department of Justice shall respond to the Director of
Technology with information as provided under subdivision (p)
of Section 11105 of the Penal Code.

(e) The Director of Technology shall request subsequent arrest
notifications from the Department of Justice as provided under
Section 11105.2 of the Penal Code.

(f) The Department of Justice may assess a fee sufficient to
cover the processing costs required under this section, as authorized
pursuant to subdivision (e) of Section 11105 of the Penal Code.

(g) If an individual described in subdivision (a) is rejected as a
result of information contained in the Department of Justice or
Federal Bureau of Investigation criminal offender record
information response, the individual shall receive a copy of the
response record from the Director of Technology.

(h) The Director of Technology shall develop a written appeal
process for an individual described in subdivision (a) who is
determined ineligible for employment because of his or her
Department of Justice or Federal Bureau of Investigation criminal
offender record. Individuals shall not be found to be ineligible for
employment pursuant to this section until the appeal process is in
place.

(i) When considering the background information received
pursuant to this section, the Director of Technology shall take
under consideration any evidence of rehabilitation, including
participation in treatment programs, as well as the age and specifics
of the offense.

begin delete

SEC. 272.  

Section 11549 of the Government Code is amended
to read:

11549.  

(a) There is in state government, in the Department of
Technology, the Office of Information Security. The purpose of
the Office of Information Security is to ensure the confidentiality,
integrity, and availability of state systems and applications, and
to promote and protect privacy as part of the development and
operations of state systems and applications to ensure the trust of
the residents of this state.

(b) The office shall be under the direction of a director, who
shall be appointed by, and serve at the pleasure of, the Governor.
The director shall report to the Director of Technology, and shall
lead the Office of Information Security in carrying out its mission.

(c) The duties of the Office of Information Security, under the
direction of the director, shall be to provide direction for
information security and privacy to state government agencies,
departments, and offices, pursuant to Section 11549.3.

(d) (1) Unless the context clearly requires otherwise, whenever
the term “Office of Information Security and Privacy Protection”
appears in any statute, regulation, or contract, it shall be deemed
to refer to the Office of Information Security, and whenever the
term “executive director of the Office of Information Security and
Privacy Protection” appears in statute, regulation, or contract, it
shall be deemed to refer to the Director of the Office of Information
Security.

(2) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of
functions transferred from the Office of Information Security and
Privacy Protection to the Office of Information Security, are
transferred to the Office of Information Security. The status,
positions, and rights of those persons shall not be affected by their
transfer and shall continue to be retained by them pursuant to the
State Civil Service Act (Part 2 (commencing with Section 18500)
of Division 5), except as to positions the duties of which are vested
in a position exempt from civil service. The personnel records of
all transferred employees shall be transferred to the Office of
Information Security.

(3) The property of any office, agency, or department related
to functions transferred to the Office of Information Security is
transferred to the Office of Information Security. If any doubt
arises as to where that property is transferred, the Department of
General Services shall determine where the property is transferred.

(4) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the Office of Information
Security shall be transferred to the Office of Information Security
for the use and for the purpose for which the appropriation was
originally made or the funds were originally available. If there is
any doubt as to where those balances and funds are transferred,
the Department of Finance shall determine where the balances and
funds are transferred.

SEC. 273.  

Section 11549.3 of the Government Code is amended
to read:

11549.3.  

(a) The director shall establish an information security
program. The program responsibilities include, but are not limited
to, all of the following:

(1) The creation, updating, and publishing of information
security and privacy policies, standards, and procedures for state
agencies in the State Administrative Manual.

(2) The creation, issuance, and maintenance of policies,
standards, and procedures directing state agencies to effectively
manage security and risk for all of the following:

(A) Information technology, which includes, but is not limited
to, all electronic technology systems and services, automated
information handling, system design and analysis, conversion of
data, computer programming, information storage and retrieval,
telecommunications, requisite system controls, simulation,
electronic commerce, and all related interactions between people
and machines.

(B) Information that is identified as mission critical, confidential,
sensitive, or personal, as defined and published by the Office of
Information Security.

(3) The creation, issuance, and maintenance of policies,
standards, and procedures directing state agencies for the collection,
tracking, and reporting of information regarding security and
privacy incidents.

(4) The creation, issuance, and maintenance of policies,
standards, and procedures directing state agencies in the
development, maintenance, testing, and filing of each agency’s
disaster recovery plan.

(5) Coordination of the activities of agency information security
officers, for purposes of integrating statewide security initiatives
and ensuring compliance with information security and privacy
policies and standards.

(6) Promotion and enhancement of the state agencies’ risk
management and privacy programs through education, awareness,
collaboration, and consultation.

(7) Representing the state before the federal government, other
state agencies, local government entities, and private industry on
issues that have statewide impact on information security and
privacy.

(b) An information security officer appointed pursuant to Section
11546.1 shall implement the policies and procedures issued by the
Office of Information Security, including, but not limited to,
performing all of the following duties:

(1) Comply with the information security and privacy policies,
standards, and procedures issued pursuant to this chapter by the
Office of Information Security.

(2) Comply with filing requirements and incident notification
by providing timely information and reports as required by policy
or directives of the office.

(c) The office may conduct, or require to be conducted,
independent security assessments of any state agency, department,
or office, the cost of which shall be funded by the state agency,
department, or office being assessed.

(d) The office may require an audit of information security to
ensure program compliance, the cost of which shall be funded by
the state agency, department, or office being audited.

(e) The office shall report to the Department of Technology any
state agency found to be noncompliant with information security
program requirements.

end delete

begin delete SEC. 274. end delete
begin insert SEC. 243. end insert   

Section 11549.4 of the Government Code is amended
to read:

11549.4.  

The office shall consult with the Director of
Technology, the Office of Emergency Services, the Director of
General Services, the Director of Finance, and any other relevant
agencies concerning policies, standards, and procedures related to
information security and privacy.

begin delete SEC. 275. end delete
begin insert SEC. 244. end insert   

Section 11552 of the Government Code is amended
to read:

11552.  

(a) Effective January 1, 1988, an annual salary of
eighty-five thousand four hundred two dollars ($85,402) shall be
paid to each of the following:

(1) Commissioner of Business Oversight.

(2) Director of Transportation.

(3) Real Estate Commissioner.

(4) Director of Social Services.

(5) Director of Water Resources.

(6) Director of General Services.

(7) Director of Motor Vehicles.

(8) Executive Officer of the Franchise Tax Board.

(9) Director of Employment Development.

(10) Director of Alcoholic Beverage Control.

(11) Director of Housing and Community Development.

(12) Director of Alcohol and Drug Programs.

(13) Director of Statewide Health Planning and Development.

(14) Director of the Department of Human Resources.

(15) Director of Health Care Services.

(16) Director of State Hospitals.

(17) Director of Developmental Services.

(18) State Public Defender.

(19) Director of the California State Lottery.

(20) Director of Fish and Wildlife.

(21) Director of Parks and Recreation.

(22) Director of Rehabilitation.

(23) Director of the Office of Administrative Law.

(24) Director of Consumer Affairs.

(25) Director of Forestry and Fire Protection.

(26) The Inspector General pursuant to Section 6125 of the
Penal Code.

(27) Director of Child Support Services.

(28) Director of Industrial Relations.

(29) Director of Toxic Substances Control.

(30) Director of Pesticide Regulation.

(31) Director of Managed Health Care.

(32) Director of Environmental Health Hazard Assessment.

(33) Director of California Bay-Delta Authority.

(34) Director of California Conservation Corps.

(35) Director of Technology.

(36) Director of Emergency Services.

(b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided
by this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.

begin delete SEC. 276. end delete
begin insert SEC. 245. end insert   

Section 12012.90 of the Government Code is
amended to read:

12012.90.  

(a) (1) For each fiscal year commencing with the
2002-03 fiscal year to the 2004-05 fiscal year, inclusive, the
California Gambling Control Commission shall determine the
aggregate amount of shortfalls in payments that occurred in the
Indian Gaming Revenue Sharing Trust Fund pursuant to Section
4.3.2.1 of the tribal-state gaming compacts ratified and in effect
as provided in subdivision (f) of Section 19 of Article IV of the
California Constitution as determined below:

(A) For each eligible recipient Indian tribe that received money
for all four quarters of the fiscal year, the difference between one
million one hundred thousand dollars ($1,100,000) and the actual
amount paid to each eligible recipient Indian tribe during the fiscal
year from the Indian Gaming Revenue Sharing Trust Fund.

(B) For each eligible recipient Indian tribe that received moneys
for less than four quarters of the fiscal year, the difference between
two hundred seventy-five thousand dollars ($275,000) for each
quarter in the fiscal year that a recipient Indian tribe was eligible
to receive moneys and the actual amount paid to each eligible
recipient Indian tribe during the fiscal year from the Indian Gaming
Revenue Sharing Trust Fund.

(2) For purposes of this section, “eligible recipient Indian tribe”
means a noncompact tribe, as defined in Section 4.3.2(a)(i) of the
tribal-state gaming compacts ratified and in effect as provided in
subdivision (f) of Section 19 of Article IV of the California
Constitution.

(b) The California Gambling Control Commission shall provide
to the committee in the Senate and Assembly that considers the
State Budget an estimate of the amount needed to backfill the
Indian Gaming Revenue Sharing Trust Fund on or before the date
of the May budget revision for each fiscal year.

(c) An eligible recipient Indian tribe may not receive an amount
from the backfill appropriated following the estimate made
pursuant to subdivision (b) that would give the eligible recipient
Indian tribe an aggregate amount in excess of two hundred
seventy-five thousand dollars ($275,000) per eligible quarter. Any
funds transferred from the Indian Gaming Special Distribution
Fund to the Indian Gaming Revenue Sharing Trust Fund that result
in a surplus shall revert back to the Indian Gaming Special
Distribution Fund following the authorization of the final payment
of the fiscal year.

(d) Upon a transfer of moneys from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust
Fund and appropriation from the trust fund, the California
Gambling Control Commission shall distribute the moneys without
delay to eligible recipient Indian tribes for each quarter that a tribe
was eligible to receive a distribution during the fiscal year
immediately preceding.

(e) For each fiscal year commencing with the 2005-06 fiscal
year, all of the following shall apply and subdivisions (b) to (d),
inclusive, shall not apply:

(1) On or before the day of the May budget revision for each
fiscal year, the California Gambling Control Commission shall
determine the anticipated total amount of shortfalls in payment
likely to occur in the Indian Gaming Revenue Sharing Trust Fund
for the upcoming fiscal year, and shall provide to the committee
in the Senate and Assembly that considers the State Budget an
estimate of the amount needed to transfer from the Indian Gaming
Special Distribution Fund to backfill the Indian Gaming Revenue
Sharing Trust Fund for the next fiscal year. The anticipated total
amount of shortfalls to be transferred from the Indian Gaming
Special Distribution Fund to the Indian Gaming Revenue Sharing
Trust Fund shall be determined by the California Gambling Control
Commission as follows:

(A) The anticipated number of eligible recipient tribes that will
be eligible to receive payments for the next fiscal year, multiplied
by one million one hundred thousand dollars ($1,100,000), with
that product reduced by the amount anticipated to be paid by the
tribes directly into the Indian Gaming Revenue Sharing Trust Fund
for the fiscal year.

(B) This amount shall be based upon actual payments received
into the Indian Gaming Revenue Sharing Trust Fund the previous
fiscal year, with adjustments made due to amendments to existing
tribal-state compacts or newly executed tribal-state compacts with
respect to payments to be made to the Indian Gaming Revenue
Sharing Trust Fund.

(2) The Legislature shall transfer from the Indian Gaming
Special Distribution Fund to the Indian Gaming Revenue Sharing
Trust Fund an amount sufficient for each eligible recipient tribe
to receive a total not to exceed two hundred seventy-five thousand
dollars ($275,000) for each quarter in the upcoming fiscal year an
eligible recipient tribe is eligible to receive moneys, for a total not
to exceed one million one hundred thousand dollars ($1,100,000)
for the entire fiscal year. The California Gambling Control
Commission shall make quarterly payments from the Indian
Gaming Revenue Sharing Trust Fund to each eligible recipient
Indian tribe within 45 days of the end of each fiscal quarter.

(3) If the transfer of funds from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust
Fund results in a surplus, the funds shall remain in the Indian
Gaming Revenue Sharing Trust Fund for disbursement in future
years, and if necessary, adjustments shall be made to future
distributions from the Indian Gaming Special Distribution Fund
to the Revenue Sharing Trust Fund.

(4) In the event the amount appropriated for the fiscal year is
insufficient to ensure each eligible recipient tribe receives the total
of two hundred seventy-five thousand dollars ($275,000) for each
fiscal quarter, the Department of Finance, after consultation with
the California Gambling Control Commission, shall submit to the
Legislature a request for a budget augmentation for the current
fiscal year with an explanation as to the reason why the amount
appropriated for the fiscal year was insufficient.

(5) At the end of each fiscal quarter, the California Gambling
Control Commission’s Indian Gaming Revenue Sharing Trust
Fund report shall include information that identifies each of the
eligible recipient tribes eligible to receive a distribution for that
fiscal quarter, the amount paid into the Indian Gaming Revenue
Sharing Trust Fund by each of the tribes pursuant to the applicable
sections of the tribal-state compact, and the amount necessary to
backfill from the Indian Gaming Special Distribution Fund the
shortfall in the Indian Gaming Revenue Sharing Trust Fund in
order for each eligible recipient tribe to receive the total of two
hundred seventy-five thousand dollars ($275,000) for the fiscal
quarter.

begin delete SEC. 277. end delete
begin insert SEC. 246. end insert   

Section 12463.1 of the Government Code is amended
to read:

12463.1.  

(a) The Controller shall appoint an advisory
committee consisting of seven local governmental officers to assist
him or her in developing complete and adequate records.

(b) Whenever, in the opinion of the advisory committee and the
Controller, the public welfare demands that the reports of the
financial transactions of a district other than a school district be
published, the Controller shall notify the district that reports of its
financial transactions are required to be furnished to him or her
pursuant to Article 9 (commencing with Section 53890) of Chapter
4 of Part 1 of Division 2 of Title 5. A public entity, agency, board,
transportation planning agency designated by the Secretary of
Transportation pursuant to Section 29532, or commission provided
for by a joint powers agreement pursuant to Chapter 5
(commencing with Section 6500) of Division 7 of Title 1, and a
nonprofit corporation as defined in subdivision (d), shall be deemed
a district within the meaning of this section. The Controller shall
compile and publish these reports pursuant to Section 12463.

(c) The Controller shall make available annually, in a separate
report, published in an electronic format on the Controller’s Web
site, certain financial information about selected special districts.
The information provided in this report shall be published no later
than June 30 following the end of the annual reporting period. This
report may be included whenever the Controller publishes a report
pursuant to this section. The Controller shall include in his or her
report information that best illustrates the assets, liabilities, and
equity of selected districts. Specifically, the Controller shall include
in this report a breakdown of each special district’s (1) fund
balance, which shall include the reserved and unreserved funds,
typical for a nonenterprise district; (2) retained earnings, which
shall include the reserved and unreserved funds, typical for
enterprise districts; (3) fixed assets; and (4) cash and investments.
The Controller may also include separate line items for “total
revenues” and “total expenditures.” This report shall cover the 250
special districts with the largest total revenues for that reporting
period. When the report is available, the Controller shall notify
the Legislature, in writing, within one week of its publication.

(d) For purposes of this section, “nonprofit corporation” means
any nonprofit corporation (1) formed in accordance with the
provisions of a joint powers agreement to carry out functions
specified in the agreement; (2) that issued bonds, the interest on
which is exempt from federal income taxes, for the purpose of
purchasing land as a site for, or purchasing or constructing, a
building, stadium, or other facility, that is subject to a lease or
agreement with a local public entity; or (3) wholly owned by a
public agency.

begin delete SEC. 278. end delete
begin insert SEC. 247. end insert   

Section 12803.2 is added to the Government Code,
to read:

12803.2.  

(a) The Government Operations Agency shall consist
of all of the following:

(1) The Office of Administrative Law.

(2) The Public Employees’ Retirement System.

(3) The State Teachers’ Retirement System.

(4) The State Personnel Board.

(5) The California Victim Compensation and Government
Claims Board.

(6) The Department of General Services.

(7) The Department of Technology.

(8) The Franchise Tax Board.

(9) The Department of Human Resources.

(b) The Government Operations Agency shall be governed by
the Secretary of Government Operations pursuant to Section 12801.
However, the Director of Human Resources shall report directly
to the Governor on issues relating to labor relations.

begin delete SEC. 279. end delete
begin insert SEC. 248. end insert   

Section 12804.7 of the Government Code is amended
to read:

12804.7.  

The Natural Resources Agency succeeds to and is
vested with all the duties, powers, purposes, and responsibilities,
and jurisdiction vested in the Department of Food and Agriculture
by Part 3 (commencing with Section 3801) of Division 3 of the
Food and Agricultural Code with respect to the Exposition Park.

begin delete SEC. 280. end delete
begin insert SEC. 249. end insert   

Section 12813.5 is added to the Government Code,
to read:

12813.5.  

The Public Employment Relations Board is in the
Labor and Workforce Development Agency.

begin delete SEC. 281. end delete
begin insert SEC. 250. end insert   

Section 13901 of the Government Code is amended
to read:

13901.  

(a) There is within the Government Operations Agency
the California Victim Compensation and Government Claims
Board.

(b) The board consists of the Secretary of Government
Operations or his or her designee and the Controller, both acting
ex officio, and a third member who shall be appointed by and serve
at the pleasure of the Governor. The third member may be a state
officer who shall act ex officio.

(c) Any reference in statute or regulation to the State Board of
Control shall be construed to refer to the California Victim
Compensation and Government Claims Board.

begin delete SEC. 282. end delete
begin insert SEC. 251. end insert   

Section 13903 of the Government Code is amended
to read:

13903.  

The Secretary of Government Operations shall serve
as chair of the board.

begin delete SEC. 283. end delete
begin insert SEC. 252. end insert   

Section 13975 of the Government Code is repealed.

begin delete SEC. 284. end delete
begin insert SEC. 253. end insert   

Section 13975 is added to the Government Code,
to read:

13975.  

There is in the state government the Transportation
Agency. The agency consists of the Department of the California
Highway Patrol, the California Transportation Commission, the
Department of Motor Vehicles, the Department of Transportation,
the High-Speed Rail Authority, and the Board of Pilot
Commissioners for the Bays of San Francisco, San Pablo, and
Suisun.

begin delete SEC. 285. end delete
begin insert SEC. 254. end insert   

Section 13975.1 of the Government Code is amended
to read:

13975.1.  

(a) This section applies to every action brought in
the name of the people of the State of California by the
Commissioner of Business Oversight before, on, or after the
effective date of this section, when enforcing provisions of those
laws administered by the Commissioner of Business Oversight
which authorize the Commissioner of Business Oversight to seek
a permanent or preliminary injunction, restraining order, or writ
of mandate, or the appointment of a receiver, monitor, conservator,
or other designated fiduciary or officer of the court, except actions
brought against any of the licensees specified in subparagraphs
(1) through (8), inclusive, of subdivision (b) of Section 300 of the
Financial Code that are governed by other law. Upon a proper
showing, a permanent or preliminary injunction, restraining order,
or writ of mandate shall be granted and a receiver, monitor,
conservator, or other designated fiduciary or officer of the court
may be appointed for the defendant or the defendant’s assets, or
any other ancillary relief may be granted as appropriate. The court
may order that the expenses and fees of the receiver, monitor,
conservator, or other designated fiduciary or officer of the court,
be paid from the property held by the receiver, monitor,
conservator, or other court designated fiduciary or officer, but
neither the state, the Business, Consumer Services and Housing
Agency, nor the Department of Business Oversight shall be liable
for any of those expenses and fees, unless expressly provided for
by written contract.

(b) The receiver, monitor, conservator, or other designated
fiduciary or officer of the court may do any of the following subject
to the direction of the court:

(1) Sue for, collect, receive, and take into possession all the real
and personal property derived by any unlawful means, including
property with which that property or the proceeds thereof has been
commingled if that property or the proceeds thereof cannot be
identified in kind because of the commingling.

(2) Take possession of all books, records, and documents
relating to any unlawfully obtained property and the proceeds
thereof. In addition, they shall have the same right as a defendant
to request, obtain, inspect, copy, and obtain copies of books,
records, and documents maintained by third parties that relate to
unlawfully obtained property and the proceeds thereof.

(3) Transfer, encumber, manage, control, and hold all property
subject to the receivership, including the proceeds thereof, in the
manner directed or ratified by the court.

(4) Avoid a transfer of any interest in any unlawfully obtained
property including the proceeds thereof to any person who
committed, aided or abetted, or participated in the commission of
unlawful acts or who had knowledge that the property had been
unlawfully obtained.

(5) Avoid a transfer of any interest in any unlawfully obtained
property including the proceeds thereof made with the intent to
hinder or delay the recovery of that property or any interest in it
by the receiver or any person from whom the property was
unlawfully obtained.

(6) Avoid a transfer of any interest in any unlawfully obtained
property including the proceeds thereof that was made within one
year before the date of the entry of the receivership order if less
than a reasonably equivalent value was given in exchange for the
transfer, except that a bona fide transferee for value and without
notice that the property had been unlawfully obtained may retain
the interest transferred until the value given in exchange for the
transfer is returned to the transferee.

(7) Avoid a transfer of any interest in any unlawfully obtained
property including the proceeds thereof made within 90 days before
the date of the entry of the receivership order to a transferee from
whom the defendant unlawfully obtained some property if (A) the
receiver establishes that the avoidance of the transfer will promote
a fair pro rata distribution of restitution among all people from
whom defendants unlawfully obtained property and (B) the
transferee cannot establish that the specific property transferred
was the same property which had been unlawfully obtained from
the transferee.

(8) Exercise any power authorized by statute or ordered by the
court.

(c) No person with actual or constructive notice of the
receivership shall interfere with the discharge of the receiver’s
duties.

(d) No person may file any action or enforce or create any lien,
or cause to be issued, served, or levied any summons, subpoena,
attachment, or writ of execution against the receiver or any property
subject to the receivership without first obtaining prior court
approval upon motion with notice to the receiver and the
Commissioner of Business Oversight. Any legal procedure
described in this subdivision commenced without prior court
approval is void except as to a bona fide purchaser or encumbrancer
for value and without notice of the receivership. No person without
notice of the receivership shall incur any liability for commencing
or maintaining any legal procedure described by this subdivision.

(e) The court has jurisdiction of all questions arising in the
receivership proceedings and may make any orders and judgments
as may be required, including orders after noticed motion by the
receiver to avoid transfers as provided in paragraphs (4), (5), (6),
and (7) of subdivision (b).

(f) This section is cumulative to all other provisions of law.

(g) If any provision of this section or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect other provisions or applications of this section which
can be given effect without the invalid provision or application,
and to this end the provisions of this section are severable.

(h) The recordation of a copy of the receivership order imparts
constructive notice of the receivership in connection with any
matter involving real property located in the county in which the
receivership order is recorded.

begin delete SEC. 286. end delete
begin insert SEC. 255. end insert   

Section 13976 of the Government Code is amended
to read:

13976.  

The agency is under the supervision of an executive
officer known as the Secretary of Transportation. He or she shall
be appointed by the Governor, subject to confirmation by the
Senate, and shall hold office at the pleasure of the Governor.

The annual salary of the secretary is provided for by Chapter 6
(commencing with Section 11550) of Part 1 of Division 3 of Title
2 of this code.

As used in this part, “agency” and “secretary” refer to the
Transportation Agency and the Secretary of Transportation,
respectively, unless the context otherwise requires.

begin delete SEC. 287. end delete
begin insert SEC. 256. end insert   

Section 13978.2 of the Government Code is amended
to read:

13978.2.  

The Secretary of Transportation shall advise the
Governor on, and assist the Governor in establishing, major policy
and program matters affecting each department, office, or other
unit within the agency, and shall serve as the principal
communication link for the effective transmission of policy
problems and decisions between the Governor and each such
department, office, or other unit.

begin delete SEC. 288. end delete
begin insert SEC. 257. end insert   

Section 13978.4 of the Government Code is amended
to read:

13978.4.  

The Secretary of Transportation shall exercise the
authority vested in the Governor in respect to the functions of each
department, office, or other unit within the agency, including the
adjudication of conflicts between or among the departments,
offices, or other units; and shall represent the Governor in
coordinating the activities of each such department, office, or other
unit with those of other agencies, federal, state, or local.

begin delete SEC. 289. end delete
begin insert SEC. 258. end insert   

Section 13984 of the Government Code is amended
to read:

13984.  

In order to ensure that Section 10240.3 of the Business
and Professions Code and Sections 327, 22171, and 50333 of the
Financial Code are applied consistently to all California entities
engaged in the brokering, originating, servicing, underwriting, and
issuance of nontraditional mortgage products, the secretary shall
ensure that the Director of Consumer Affairs or the Commissioner
of Real Estate and the Commissioner of Business Oversight
coordinate their policymaking and rulemaking efforts.

begin delete

SEC. 290.  

Section 13995.20 of the Government Code, as
amended by Section 2 of Chapter 790 of the Statutes of 2006, is
amended to read:

13995.20.  

Unless the context otherwise requires, the definitions
in this section govern the construction of this chapter.

(a) “Appointed commissioner” means a commissioner appointed
by the Governor pursuant to paragraph (2) of subdivision (b) of
Section 13995.40.

(b) “Assessed business” means a person required to pay an
assessment pursuant to this chapter, and until the first assessment
is levied, any person authorized to vote for the initial referendum.
An assessed business shall not include a public entity or a
corporation when a majority of the corporation’s board of directors
is appointed by a public official or public entity, or serves on the
corporation’s board of directors by virtue of being elected to public
office, or both.

(c) “Commission” means the California Travel and Tourism
Commission.

(d) “Director” means the Director of the Governor’s Office of
Business and Economic Development.

(e) “Elected commissioner” means a commissioner elected
pursuant to subdivision (d) of Section 13995.40.

(f) “Industry category” means the following classifications
within the tourism industry:

(1) Accommodations.

(2) Restaurants and retail.

(3) Attractions and recreation.

(4) Transportation and travel services.

(g) “Industry segment” means a portion of an industry category.
For example, rental cars are an industry segment of the
transportation and travel services industry category.

(h) “Office” means the Office of Tourism, also popularly
referred to as the Division of Tourism, within the Governor’s
Office of Business and Economic Development.

(i) “Person” means an individual, public entity, firm,
corporation, association, or any other business unit, whether
operating on a for-profit or nonprofit basis.

(j) “Referendum” means any vote by mailed ballot of measures
recommended by the commission and approved by the director
pursuant to Section 13995.60, except for the initial referendum,
which shall consist of measures contained in the selection
committee report, discussed in Section 13995.30.

(k) “Selection committee” means the Tourism Selection
Committee described in Article 3 (commencing with Section
13995.30).

end delete

begin delete SEC. 291. end delete
begin insert SEC. 259. end insert   

Section 13995.30 of the Government Code is
amended to read:

13995.30.  

(a) The Governor shall appoint a Tourism Selection
Committee based upon recommendations from established industry
associations. The committee shall consist of 25 representatives,
with no fewer than six from each industry category. In selecting
the representatives, the Governor shall, to the extent possible, give
recognition to the diversity within each industry category. The
committee shall select a chairperson from among its members.
The office shall provide staffing for the committee.

(b) The selection committee shall convene on or before March
1, 1996. Not later than 150 days following the initial convening
of the committee, the committee shall issue a report listing the
following:

(1) Industry segments that will be included in the initial
referendum.

(2) The target assessment level for the initial referendum.

(3) Percentage of funds to be levied against each industry
category and segment. To the extent possible, the percentages shall
be based upon quantifiable industry data, and amounts to be levied
against industry segments shall bear an appropriate relationship
to the benefit derived from travel and tourism by those industry
segments.

(4) Assessment methodology and rate of assessment within each
industry segment, that may include, but is not limited to, a
percentage of gross revenue or a per transaction charge.

(5) Businesses, if any, within a segment to be assessed at a
reduced rate, which may be set at zero, whether temporarily or
permanently.

(6) Initial slate of proposed elected commissioners. The number
of commissioners elected from each industry category shall be
determined by the weighted percentage of assessments from that
category.

(c) Nothing in this section shall preclude the selection committee
from setting the assessment rate for a business within a segment
at a lower rate, which may be set at zero, than a rate applicable to
other businesses within that segment if the selection committee
makes specific findings that the lower rate should apply due to
unique geographical, financial, or other circumstances affecting
the business. No business for which a zero assessment rate is set
pursuant to this subdivision shall be sent a ballot or entitled to
participate in the initial referendum, or in any subsequent
referendum in which its rate of assessment is set at zero.

(d) The committee members for each industry category, also
referred to as a subcommittee, shall prepare a recommendation for
the entire committee on how the items specified in subdivision (b)
should be determined for the industry segments within their
industry category. The recommendations shall not include a
discussion of industry category levies, which shall be determined
solely by the committee. In the event that the subcommittee cannot
agree on one or more of the items specified in subdivision (b), no
recommendation shall be given in that category. The
recommendations shall be presented to the full committee, which
shall address each of the items contained in subdivision (b).

(e) In order to be assessed, an industry segment must be defined
with sufficient clarity to allow for the cost-effective identification
of assessed businesses within that segment.

(f) It shall be the responsibility of the office to advertise widely
the selection committee process and to schedule public meetings
for potential assessed businesses to provide input to the selection
committee.

(g) The recommendations developed by the committee pursuant
to subdivision (b) shall be reviewed and approved by the director.

(h) The selection committee process and report are exempt from
the requirements of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1).

begin delete SEC. 292. end delete
begin insert SEC. 260. end insert   

Section 13995.40 of the Government Code is
amended to read:

13995.40.  

(a) Upon approval of the initial referendum, the
office shall establish a nonprofit mutual benefit corporation named
the California Travel and Tourism Commission. The commission
shall be under the direction of a board of commissioners, which
shall function as the board of directors for purposes of the
Nonprofit Corporation Law.

(b) The board of commissioners shall consist of 37
commissioners comprising the following:

(1) The director, who shall serve as chairperson.

(2) (A) Twelve members, who are professionally active in the
tourism industry, and whose primary business, trade, or profession
is directly related to the tourism industry, shall be appointed by
the Governor. Each appointed commissioner shall represent only
one of the 12 tourism regions designated by the office, and the
appointed commissioners shall be selected so as to represent, to
the greatest extent possible, the diverse elements of the tourism
industry. Appointed commissioners are not limited to individuals
who are employed by or represent assessed businesses.

(B) If an appointed commissioner ceases to be professionally
active in the tourism industry or his or her primary business, trade,
or profession ceases to be directly related to the tourism industry,
he or she shall automatically cease to be an appointed
commissioner 90 days following the date on which he or she ceases
to meet both of the eligibility criteria specified in subparagraph
(A), unless the commissioner becomes eligible again within that
90-day period.

(3) Twenty-four elected commissioners, including at least one
representative of a travel agency or tour operator that is an assessed
business.

(c) The commission established pursuant to Section 15364.52
shall be inoperative so long as the commission established pursuant
to this section is in existence.

(d) Elected commissioners shall be elected by industry category
in a referendum. Regardless of the number of ballots received for
a referendum, the nominee for each commissioner slot with the
most weighted votes from assessed businesses within that industry
category shall be elected commissioner. In the event that an elected
commissioner resigns, dies, or is removed from office during his
or her term, the commission shall appoint a replacement from the
same industry category that the commissioner in question
represented, and that commissioner shall fill the remaining term
of the commissioner in question. The number of commissioners
elected from each industry category shall be determined by the
weighted percentage of assessments from that category.

(e) The director may remove any elected commissioner
following a hearing at which the commissioner is found guilty of
abuse of office or moral turpitude.

(f) (1) The term of each elected commissioner shall commence
July 1 of the year next following his or her election, and shall
expire on June 30 of the fourth year following his or her election.
If an elected commissioner ceases to be employed by or with an
assessed business in the category and segment which he or she
was representing, his or her term as an elected commissioner shall
automatically terminate 90 days following the date on which he
or she ceases to be so employed, unless, within that 90-day period,
the commissioner again is employed by or with an assessed
business in the same category and segment.

(2) Terms of elected commissioners that would otherwise expire
effective December 31 of the year during which legislation adding
this subdivision is enacted shall automatically be extended until
June 30 of the following year.

(g) With the exception of the director, no commissioner shall
serve for more than two consecutive terms. For purposes of this
subdivision, the phrase “two consecutive terms” shall not include
partial terms.

(h) Except for the original commissioners, all commissioners
shall serve four-year terms. One-half of the commissioners
originally appointed or elected shall serve a two-year term, while
the remainder shall serve a four-year term. Every two years
thereafter, one-half of the commissioners shall be appointed or
elected by referendum.

(i) The selection committee shall determine the initial slate of
candidates for elected commissioners. Thereafter the
commissioners, by adopted resolution, shall nominate a slate of
candidates, and shall include any additional candidates complying
with the procedure described in Section 13995.62.

(j) The commissioners shall elect a vice chairperson from the
elected commissioners.

(k) The commission may lease space from the office.

(l) The commission and the office shall be the official state
representatives of California tourism.

(m) All commission meetings shall be held in California.

(n) No person shall receive compensation for serving as a
commissioner, but each commissioner shall receive reimbursement
for reasonable expenses incurred while on authorized commission
business.

(o) Assessed businesses shall vote only for commissioners
representing their industry category.

(p) Commissioners shall comply with the requirements of the
Political Reform Act of 1974 (Title 9 (commencing with Section
81000)). The Legislature finds and declares that commissioners
appointed or elected on the basis of membership in a particular
tourism segment are appointed or elected to represent and serve
the economic interests of those tourism segments and that the
economic interests of these members are the same as those of the
public generally.

(q) Commission meetings shall be subject to the requirements
of the Bagley-Keene Open Meeting Act (Article 9 (commencing
with Section 11120) of Chapter 1 of Part 1).

(r) The executive director of the commission shall serve as
secretary to the commission, a nonvoting position, and shall keep
the minutes and records of all commission meetings.

begin delete SEC. 293. end delete
begin insert SEC. 261. end insert   

Section 13995.42 of the Government Code is
amended to read:

13995.42.  

(a) The commission is a separate, independent
California nonprofit mutual benefit corporation. Except as provided
in Section 13995.43, the staff of the commission shall be employees
solely of the commission, and the procedures adopted by the
commission shall not be subject to the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1).

(b) Not later than six months following the initial referendum,
the commission shall adopt procedures concerning the operation
of the commission in order to provide due process rights for
assessed businesses.

(c) In the event that the commission fails to adopt the procedures
described in subdivision (b) within the specified timeframe, the
director shall adopt procedures for use by the commission until
the commission adopts its own procedures. These procedures shall
be exempt from the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1), whether adopted by
the commission or director.

begin delete SEC. 294. end delete
begin insert SEC. 262. end insert   

Section 13995.43 of the Government Code is
amended to read:

13995.43.  

(a) The commission shall be administered by an
executive director. That individual shall be a tourism industry
marketing professional, recommended by a vote of the
commissioners and approved by the Governor. The executive
director shall serve at the pleasure of both the commissioners and
the Governor.

(b) The executive director shall report to and receive overall
guidance from the commission, and shall implement the
commission’s tourism marketing plan. The executive director shall
report to the director for day-to-day managerial and financial
responsibilities.

(c) The executive director shall serve as the director of the office
and shall be an exempt employee, employed by the state.
Notwithstanding any other provision of law, the executive director
may supervise both employees of the commission and employees
of the office, notwithstanding the fact that the commission
employees are employees solely of the commission.

(d) The salary and benefits of the executive director shall be
determined by the commission, and approved by the director, based
upon industry standards for a director of a marketing budget of
similar size. The entire salary and all benefits of the executive
director shall be paid from assessments.

begin delete SEC. 295. end delete
begin insert SEC. 263. end insert   

Section 13995.44 of the Government Code is
amended to read:

13995.44.  

(a) (1) The commission shall annually provide to
all assessed businesses a report on the activities and budget of the
commission including, but not limited to, income and expenses,
the fund balance, a summary of the tourism marketing plan, and
a report of progress in achieving the goals set forth in the plan.
The portions of the report that pertain to the commission’s income
and expenses and the fund balance, as well as those other portions
that the commission may from time to time deem appropriate, shall
be audited by independent accountants retained by the commission
for this purpose.

(2) The commission’s annual budget shall be subject to the
review and approval of the director. However, any decision of the
director related to the budget may be overridden by a vote of
three-fifths or more of the commissioners then in office.

(b) The commission shall maintain a report on the percentage
assessment allocation between industry categories and industry
segments. The report shall also specify the reasons and
methodology used for the allocations. This report shall be updated
every time the assessment allocations are amended. The report
shall be made available to any assessed business.

begin delete SEC. 296. end delete
begin insert SEC. 264. end insert   

Section 13995.45 of the Government Code is
amended to read:

13995.45.  

(a) The commission shall annually prepare, or cause
to be prepared, a written marketing plan. In developing the plan,
the commission shall utilize, as appropriate, the advice and
recommendations of the industry marketing advisory committee
or committees established pursuant to subdivision (a) of Section
13995.47. The commission may amend the plan at any commission
meeting. All expenditures by the commission shall be consistent
with the marketing plan.

(b) The plan shall promote travel to and within California, and
shall include, but not be limited to, the following:

(1) An evaluation of the previous year’s budget and activities.

(2) Review of California tourism trends, conditions, and
opportunities.

(3) Target audiences for tourism marketing expenditures.

(4) Marketing strategies, objectives, and targets.

(5) Budget for the current year.

(c) Before final adoption of the plan, the commission shall
provide each known destination marketing organization in
California notice of the availability of the proposed marketing plan
and suitable opportunity, which may include public meetings, to
review the plan and to comment upon it. The commission shall
take into consideration any recommendations submitted by the
destination marketing organizations, except that the final
determination as to the nature, extent, and substance of the plan
shall in all respects rest solely within the ultimate discretion of the
commission, except as provided in subdivision (d).

(d) The final adoption of the plan shall be subject to the review
and approval of the director. However, any decision of the director
related to the plan may be overridden by a vote of three-fifths or
more of the commissioners then in office.

begin delete SEC. 297. end delete
begin insert SEC. 265. end insert   

Section 13995.50 of the Government Code is
amended to read:

13995.50.  

(a) The marketing of California tourism is hereby
declared to be affected with the public interest. This chapter is
enacted in the exercise of the police powers of this state for the
purpose of protecting the health, peace, safety, and general welfare
of the people of this state.

(b) The police powers shall be used to collect assessments not
paid by the deadlines established by the director.

begin delete SEC. 298. end delete
begin insert SEC. 266. end insert   

Section 13995.51 of the Government Code is
amended to read:

13995.51.  

(a) The following powers, and any other powers
provided in this act, with the exception of the exercising of police
powers and of that power enumerated in subdivision (b), shall be
the responsibility of the director and, when not exercised by the
director, may be exercised by the commission:

(1) Call referenda in accordance with the procedures set forth
in Article 6 (commencing with Section 13995.60) and certify the
results.

(2) Collect and deposit assessments.

(3) Exercise police powers.

(4) Pursue actions and penalties connected with assessments.

(b) Except as otherwise specified in this chapter, the director
shall have veto power over the actions of the commission,
following consultation with the commission, only under the
following circumstances:

(1) Travel and expense costs.

(2) Situations where the director determines a conflict of interest
exists, as defined by the Fair Political Practices Commission.

(3) The use of any state funds.

(4) Any contracts entered into between the commission and a
commissioner.

begin delete SEC. 299. end delete
begin insert SEC. 267. end insert   

Section 13995.53 of the Government Code is
amended to read:

13995.53.  

The director may require any and all assessed
businesses to maintain books and records that reflect their income
or sales as reflected in the assessment, and to furnish the director
with any information that may, from time to time, be requested by
the director, and to permit the inspection by the director of portions
of books and records that relate to the amount of assessment.

begin delete SEC. 300. end delete
begin insert SEC. 268. end insert   

Section 13995.54 of the Government Code is
amended to read:

13995.54.  

Information pertaining to assessed businesses
obtained by the director pursuant to this chapter is confidential
and shall not be disclosed except to a person with the right to obtain
the information, any attorney hired by the director who is employed
to give legal advice upon it, or by court order. Information obtained
by the director in order to determine the assessment level for an
assessed business is exempt from the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1).

begin delete SEC. 301. end delete
begin insert SEC. 269. end insert   

Section 13995.55 of the Government Code is
amended to read:

13995.55.  

For the purpose of carrying out Section 13995.51,
the director may hold hearings, take testimony, administer oaths,
subpoena witnesses, and issue subpoenas for the production of
books, records, or documents of any kind.

begin delete SEC. 302. end delete
begin insert SEC. 270. end insert   

Section 13995.56 of the Government Code is
amended to read:

13995.56.  

A person shall not be excused from attending and
testifying, or from producing documentary evidence, before the
director in obedience to the subpoena of the director pursuant to
the authority granted in Section 13995.55 on the ground, or for
the reason, that the testimony or evidence, documentary or
otherwise, which is required of him or her may tend to incriminate
the person or subject that person to a penalty. A natural person
shall not, however, be prosecuted or subjected to any penalty on
account of any transaction, matter, or thing concerning which he
or she may be required to testify, or produce evidence, documentary
or otherwise, before the director in obedience to a subpoena. A
natural person testifying shall not, however, be exempt from
prosecution and punishment for perjury committed in so testifying.

begin delete

SEC. 303.  

Section 13995.60 of the Government Code, as added
by Section 8 of Chapter 790 of the Statutes of 2006, is amended
to read:

13995.60.  

(a) As used in this article and Article 7 (commencing
with Section 13995.65), “assessment level” means the estimated
gross dollar amount received by assessment from all assessed
businesses on an annual basis, and “assessment formula” means
the allocation method used within each industry segment (for
example, percentage of gross revenue or percentage of transaction
charges).

(b) Commencing on January 1, 2003, a referendum shall be
called every two years, and the commission, by adopted resolution,
shall determine the slate of individuals who will run for
commissioner. The resolution shall also cover, but not be limited
to, the proposed assessment level for each industry category, based
upon specified assessment formulae, together with necessary
information to enable each assessed business to determine what
its individual assessment would be. Commencing with the
referendum held in 2007 and every six years thereafter, the
resolution shall also cover the termination or continuation of the
commission. The resolution may also include an amended industry
segment allocation formula and the percentage allocation of
assessments between industry categories and segments. The
commission may specify in the resolution that a special, lower
assessment rate that was set pursuant to subdivision (c) of Section
13995.30 for a particular business will no longer apply due to
changes in the unique circumstance that originally justified the
lower rate. The resolution may include up to three possible
assessment levels for each industry category, from which the
assessed businesses will select one assessment level for each
industry category by plurality weighted vote.

(c) The commission shall deliver to the director the resolution
described in subdivision (b). The director shall call a referendum
containing the information required by subdivision (b) plus any
additional matters complying with the procedures of subdivision
(b) of Section 13995.62.

(d) When the director calls a referendum, all assessed businesses
shall be sent a ballot for the referendum. Every ballot that the
director receives by the ballot deadline shall be counted, utilizing
the weighted formula adopted initially by the selection committee,
and subsequently amended by referendum.

(e) If the commission’s assessment level is significantly different
from what was projected when the existing assessment formula
was last approved by referendum, a majority of members, by
weighted votes of an industry category, may petition for a
referendum to change the assessment formula applicable to that
industry category.

(f) If the referendum includes more than one possible assessment
rate for each industry category, the rate with the plurality of
weighted votes within a category shall be adopted.

(g) Notwithstanding any other provision of this section, if the
commission delivers to the director a resolution pertaining to any
matter described in subdivision (b), the director shall call a
referendum at a time or times other than as specified in this section.
Each referendum shall contain only those matters contained in the
resolution.

(h) Notwithstanding any other provision of this section, the
director shall identify, to the extent reasonably feasible, those
businesses that would become newly assessed due to a change in
category, segment, threshold, or exemption status sought via
referendum, and provide those businesses the opportunity to vote
in that referendum.

(i) This section shall become operative only if the Director of
the Governor’s Office of Business and Economic Department
provides notice to the Legislature and the Secretary of State and
posts notice on its Internet Web site that the conditions described
in Section 13995.92 have been satisfied.

end delete

begin delete SEC. 304. end delete
begin insert SEC. 271. end insert   

Section 13995.63 of the Government Code is
amended to read:

13995.63.  

(a) Upon receipt of the resolution required by
Section 13995.60, including any assessed business referendum
request pursuant to subdivision (a) of Section 13995.52 or Section
13995.62, the director shall establish a referendum period not to
exceed 60 days. If the director determines that the referendum
period so established does not provide sufficient time for the
balloting, the director may extend the referendum period not more
than 15 additional days. At the close of the referendum period, the
director shall count and tabulate the ballots filed during the
referendum period.

(b) The director shall establish a deadline for adoption of the
resolution described in subdivision (a). If the commission fails to
meet this deadline, or if the adopted resolution fails to meet the
requirements of this chapter, then assessed businesses may present
a slate of candidates to the director not later than 60 days following
the deadline established for the commission resolution. A minimum
of 10 percent of weighted voters shall sign the document presenting
the slate.

(c) In the event that the director does not receive a resolution
required by Section 13995.60 from the commission by the deadline
established pursuant to subdivision (b) or the resolution does not
comply with the requirements of this chapter and the assessed
businesses fail to present a slate pursuant to subdivision (b), then
the director shall select a slate of commissioners and this slate,
added to any assessed business referendum requests pursuant to
subdivision (a) of Section 13995.52 or Section 13995.62, shall
constitute the items included in the referendum.

begin delete SEC. 305. end delete
begin insert SEC. 272. end insert   

Section 13995.64 of the Government Code is
amended to read:

13995.64.  

(a) Each assessed business is entitled to a weighted
vote in each referendum. In calculating weighted votes, each
assessed business receives a vote equal to the relative assessment
paid by that business. An assessed business paying nine hundred
dollars ($900) in annual assessments has three times the weighted
vote of a business paying three hundred dollars ($300). Weighted
votes are used to determine all issues on the referendum. The initial
referendum, and any referendum item to terminate the commission,
must be approved by a majority of the weighted votes cast at the
referendum. The amount of assessment and selection of
commissioners is determined by the most weighted votes, whether
or not there is a majority.

(b) For purposes of voting in any referendum, each assessed
business is part of one industry category and one industry segment,
and for voting purposes only, a business with revenue in more than
one industry category or industry segment shall only be included
in the category and segment in which it earns the most gross
revenue.

(c) Each assessed business is eligible to vote for each item on
the referendum, except that an assessed business can only vote for
commissioners representing its industry category, and industry
segment formulae for its industry segment.

(d) A business is not eligible to vote unless it has paid all
assessments and fines outstanding as of a date established by the
director.

begin delete SEC. 306. end delete
begin insert SEC. 273. end insert   

Section 13995.65 of the Government Code is
amended to read:

13995.65.  

(a) Each industry category shall establish a
committee to determine the following within its industry category:
industry segments, assessment formula for each industry segment,
and any types of business exempt from assessment. The initial
segment committees shall consist of the subcommittee for that
category as described in subdivision (d) of Section 13995.30.
Following approval of the assessment by referendum, the
committees shall be selected by the commission, based upon
recommendations from the tourism industry. Committee members
need not be commission members.

(b) The committee recommendations shall be presented to the
commission or selection committee, as applicable. The selection
committee may adopt a resolution specifying some or all of the
items listed in subdivision (a), plus an allocation of the overall
assessment among industry categories. The commission may adopt
a resolution specifying one or more of the items listed in
subdivision (a), plus an allocation of the proposed assessment. The
selection committee and commission are not required to adopt the
findings of any committee.

(c) The initial industry category and industry segment allocations
shall be included in the selection committee report required by
subdivision (b) of Section 13995.30. Changes to the industry
segment allocation formula may be recommended to the
commission by a segment committee at the biennial commission
meeting scheduled to approve the referendum resolution pursuant
to Section 13995.60. At the same meeting, the commission may
amend the percentage allocations among industry categories. Any
item discussed in this section that is approved by resolution of the
commission, except amendments to the percentage allocations
among industry categories, shall be placed on the next referendum,
and adopted if approved by the majority of weighted votes cast.

(d) Upon approval by referendum, the office shall mail an
assessment bill to each assessed business. The director shall
determine how often assessments are collected, based upon
available staffing resources. The director may stagger the
assessment collection throughout the year, and charge businesses
a prorated amount of assessment because of the staggered
assessment period. The director and office shall not divulge the
amount of assessment or weighted votes of any assessed businesses,
except as part of an assessment action.

(e) An assessed business may appeal an assessment to the
director based upon the fact that the business does not meet the
definition established for an assessed business within its industry
segment or that the level of assessment is incorrect. An appeal
brought under this subdivision shall be supported by substantial
evidence submitted under penalty of perjury by affidavit or
declaration as provided in Section 2015.5 of the Code of Civil
Procedure. If the error is based upon failure of the business to
provide the required information in a timely manner, the director
may impose a fee for reasonable costs incurred by the director in
correcting the assessment against the business as a condition of
correcting the assessment.

(f) Notwithstanding any other provision of law, an assessed
business may pass on some or all of the assessment to customers.
An assessed business that is passing on the assessment may, but
shall not be required to, separately identify or itemize the
assessment on any document provided to a customer. Assessments
levied pursuant to this chapter and passed on to customers are not
part of gross receipts or gross revenue for any purpose, including
the calculation of sales or use tax and income pursuant to any lease.
However, assessments that are passed on to customers shall be
included in gross receipts for purposes of income and franchise
taxes.

(g) For purposes of calculating the assessment for a business
with revenue in more than one industry category or industry
segment, that business may elect to be assessed based on either of
the following:

(1) The assessment methodology and rate of assessment
applicable to each category or segment, respectively, as it relates
to the revenue that it derives from that category or segment.

(2) With respect to its total revenue from all industry categories
or segments, the assessment methodology and rate of assessment
applicable to the revenue in the category and segment in which it
earns the most gross revenue.

(h) (1) A person sharing common ownership, management, or
control of more than one assessed business may elect to calculate,
administer, and pay the assessment owed by each business by any
of the following methods:

(A) Calculated on the basis of each individual business location.

(B) Calculated on the basis of each business, or each group of
businesses, possessing a single federal employer identification
number, regardless of the number of locations involved.

(C) Calculated on the basis of the average aggregate percentage
of tourism-related gross revenue received by all of the person’s
businesses in a particular industry segment or industry category
during the period in question, multiplied by the total aggregate
tourism-related gross revenue received by all of the businesses,
and then multiplied by the appropriate assessment formula. For
example, if a person sharing common ownership, management, or
control of more than one assessed business in the retail industry
segment calculates that the average percentage of tourism-related
gross revenue received by all of its locations equals 6 percent
during the period in question, that person may multiply all of the
gross revenue received from all of those locations by 6 percent,
and then multiply that product by the applicable assessment
formula.

(D) Calculated on any other basis authorized by the director.

(2) Except as the director may otherwise authorize, the methods
in subparagraph (B), (C), or (D) of paragraph (1) shall not be used
if the aggregate assessments paid would be less than the total
assessment revenues that would be paid if the method in
subparagraph (A) of paragraph (1) were used.

begin delete SEC. 307. end delete
begin insert SEC. 274. end insert   

Section 13995.68 of the Government Code is
amended to read:

13995.68.  

(a) The director shall establish a list of businesses
to be assessed and the amount of assessment owed by each. The
director shall collect the assessment from all assessed businesses,
and in collecting the assessment the director may exercise the
police powers and bring enforcement actions.

(b) Funds collected by the director shall be deposited into the
account of the commission. This account shall not be an account
of the state government.

(c) Any costs relating to the collection of assessments incurred
by the state shall be reimbursed by the commission.

begin delete SEC. 308. end delete
begin insert SEC. 275. end insert   

Section 13995.69 of the Government Code is
amended to read:

13995.69.  

(a) The office shall develop a list of California
businesses within each segment included within the report required
by subdivision (b) of Section 13995.30, periodically updated. Other
state agencies shall assist the office in obtaining the names and
addresses of these businesses.

(b) The office shall mail to each business identified pursuant to
subdivision (a) a form requesting information necessary to
determine the assessment for that business. Any business failing
to provide this information in a timely manner shall be assessed
an amount determined by the director to represent the upper
assessment level for that segment.

(c) The office, in consultation with the commission, shall
establish by regulation the procedure for assessment collection.

begin delete SEC. 309. end delete
begin insert SEC. 276. end insert   

Section 13995.71 of the Government Code is
amended to read:

13995.71.  

Any assessment levied as provided in this chapter
is a personal debt of every person so assessed and shall be due and
payable to the director. If any assessed person fails to pay any
assessment, the director may file a complaint against the person
in a state court of competent jurisdiction for the collection of the
assessment.

begin delete SEC. 310. end delete
begin insert SEC. 277. end insert   

Section 13995.72 of the Government Code is
amended to read:

13995.72.  

If any assessed business that is duly assessed
pursuant to this chapter fails to pay to the director the assessed
amount by the due date, the director may add to the unpaid
assessment an amount not to exceed 10 percent of the unpaid
assessment to defray the cost of enforcing the collection of the
unpaid assessment. In addition to payment for the cost of enforcing
a collection, the assessed business shall pay to the director a penalty
equivalent to the lesser of either the maximum amount authorized
by Section 1 of Article XV of the California Constitution or 5
percent for each 30 days the assessment is unpaid, prorated over
the days unpaid, commencing 30 days after the notice has been
given to the assessed business of its failure to pay the assessment
on the date required, unless the director determines, to his or her
satisfaction, that the failure to pay is due to reasonable cause
beyond the control of the assessed business.

begin delete SEC. 311. end delete
begin insert SEC. 278. end insert   

Section 13995.73 of the Government Code is
amended to read:

13995.73.  

The director may require assessed businesses to
deposit with him or her in advance the following amounts:

(a) An amount for necessary expenses.

(b) An amount that shall not exceed 25 percent of the assessment
to cover costs that are incurred prior to the receipt of sufficient
funds from the assessment.

(c) The amount of any deposit that is required by the director
shall be based upon the estimated assessment for the assessed
business.

begin delete SEC. 312. end delete
begin insert SEC. 279. end insert   

Section 13995.74 of the Government Code is
amended to read:

13995.74.  

In lieu of requiring advance deposits pursuant to
Section 13995.73, or in order generally to provide funds for
defraying administrative expenses or the expenses of implementing
the tourism marketing plan until the time that sufficient moneys
are collected for this purpose from the payment of the assessments
that are established pursuant to this chapter, the director may
receive and disburse for the express purposes contributions that
are made by assessed businesses. If, however, collections from the
payment of established assessments are sufficient to so warrant,
the director shall authorize the repayment of contributions, or
authorize the application of the contributions to the assessment
obligations of persons that made the contributions.

begin delete SEC. 313. end delete
begin insert SEC. 280. end insert   

Section 13995.75 of the Government Code is
amended to read:

13995.75.  

Upon termination of the commission, any remaining
funds that are not required by the director to defray commission
expenses shall be returned by the director upon a pro rata basis,
to all persons from whom the assessments were collected unless
the director finds that the amounts to be returned are so small as
to make impractical the computation and remitting of the pro rata
refund to the appropriate persons. If the director makes a finding
that returning the remaining funds would be impractical, he or she
may use the moneys in the fund to defray the costs of the office.

begin delete SEC. 314. end delete
begin insert SEC. 281. end insert   

Section 13995.77 of the Government Code is
amended to read:

13995.77.  

A business is exempt from the assessments provided
for in this chapter if any of the following apply:

(a) The business is a travel agency or tour operator that derives
less than 20 percent of its gross revenue annually from travel and
tourism occurring within the state. A travel agency or tour operator
that qualifies for this exemption may participate as an assessed
business by paying an assessment calculated on the same basis
applicable to other travel agencies or tour operators, respectively,
and by filing a written request with the director indicating its desire
to be categorized as an assessed business.

(b) The business is a small business. For purposes of this section,
“small business” means a business location with less than one
million dollars ($1,000,000) in total California gross annual
revenue from all sources. This threshold amount may be lowered,
but never to less than five hundred thousand dollars ($500,000),
by means of a referendum conducted pursuant to Section 13995.60;
however, the director may elect to forgo assessing a business for
which the expense incurred in collecting the assessment is not
commensurate with the assessment that would be collected.

(c) The assessments provided for in this chapter shall not apply
to the revenue of regular route intrastate and interstate bus service:
provided, however, that this subdivision shall not be deemed to
exclude any revenue derived from bus service that is of a type that
requires authority, whether in the form of a certificate of public
convenience and necessity, or a permit, to operate as a charter-party
carrier of passengers pursuant to Chapter 8 (commencing with
Section 5351) of Division 2 of the Public Utilities Code.

(d) Any business exempted pursuant to this section may enter
into a contract for voluntary assessments pursuant to Section
13995.49.

begin delete SEC. 315. end delete
begin insert SEC. 282. end insert   

Section 13995.82 of the Government Code is
amended to read:

13995.82.  

(a) When the director makes a determination that
an assessment is deficient as to the payment due, the director may
determine the amount of the deficiency, including any applicable
penalty, as provided in this chapter. After giving notice that a
deficiency determination is proposed and an opportunity to file a
report or provide supplemental information is provided, the director
may make one or more deficiency determinations of the amount
due for any reporting period based on information in the director’s
possession. When an assessed business is discontinued, a deficiency
determination may be made at anytime thereafter as to the liability
arising out of the operation of that business.

(b) The director shall give notice of the proposed deficiency
determination and the notice of deficiency determination by mailing
a copy of the deficiency to the assessed business at the current
address for that business on file with the director. The giving of
notice is complete at the time of deposit in the United States mail.
In lieu of mailing, a notice may be served personally by delivering
it to the person to be served.

(c) Except in the case of fraud or failure to file required
information, a notice of a deficiency determination shall be given
within four years of the accrual of the deficiency.

(d) The person against whom a deficiency determination is made
may petition the director for redetermination within 30 days after
the serving of the notice of deficiency determination. If a petition
is not filed within 30 days, the deficiency determination shall
become final.

(e) A petition for redetermination shall be in writing, state the
specific grounds upon which it is based, and be supported by
applicable records and declarations under penalty of perjury that
the information supporting the petition is accurate and complete.
If a petition for redetermination is duly filed, the director shall
reconsider the deficiency determination and may grant a hearing
thereon. The director shall, as soon as practicable, make an order
on redetermination, which shall become final 30 days after service
of notice of the order of redetermination upon the petitioner. The
notice of the order shall be served in the same manner as the notice
of the original deficiency determination.

(f) If any amount required to be paid pursuant to a deficiency
determination or redetermination is not paid within the time
specified in the notice thereof, the director may, within four years
thereafter, file in the Superior Court in the County of Sacramento,
or the superior court in any other county, a certificate specifying
the amount required to be paid, the name and address of the person
liable as it appears on the records of the director, and a request
that judgment be entered against the person in that amount 30 days
after the filing. Notice of the filing shall be given in the same
manner as for the notice of deficiency determination. The court
shall enter a judgment in conformance with the director’s certificate
30 days after its filing, unless a petition for judicial review has
been filed within the 30-day period.

(g) An abstract of the judgment, or a copy thereof, may be filed
with the county recorder of any county. From the time of filing of
the judgment, the amount of the judgment constitutes a lien upon
all of the property in the county owned by the judgment debtor.
The lien has the force, effect and priority of a judgment lien and
shall continue for 10 years from the date of the judgment, unless
sooner released or otherwise discharged. The lien imposed by this
section is not valid insofar as personal property is concerned against
a purchaser of value without actual knowledge of the lien.

(h) Execution shall issue upon the judgment upon request of
the director in the same manner as execution may issue upon other
judgments, and sales shall be held under execution as prescribed
in the Code of Civil Procedure.

(i) The person named in a notice of deficiency determination
or redetermination may, within 30 days of the notice of filing with
the superior court, file an action for judicial review thereof, as
provided herein, in the Superior Court in the County of Sacramento
or, with the director’s consent, the superior court in any other
county. As a condition of staying entry of judgment or granting
other relief, the court shall require the filing of a corporate surety
bond with the director in the amount of the deficiency stated in
the certificate. In any court proceeding, the certificate of the
director determining the deficiency shall be prima facie evidence
of the fee and the amount due and unpaid.

(j) The provisions of this section are supplemental to any other
procedures for collection and imposition of fees and penalties
provided by this chapter.

(k) In lieu of proceeding pursuant to this section, the director
may file a complaint for collection of unpaid assessments as
provided by law.

begin delete SEC. 316. end delete
begin insert SEC. 283. end insert   

Section 13995.83 of the Government Code is
amended to read:

13995.83.  

It is a violation of this chapter for any person to
willfully render or furnish a false or fraudulent report, statement,
or record that is required by the director pursuant to any provision
of this chapter.

begin delete SEC. 317. end delete
begin insert SEC. 284. end insert   

Section 13995.84 of the Government Code is
amended to read:

13995.84.  

Any suit brought by the director to enforce any
provision of this chapter, or any regulation, or rule and regulation,
that is issued by the director shall provide that the defendant pay
to the director the costs that were incurred by the director and by
the commission in the prosecution of the action in the event the
director prevails in the action. Any money that is recovered shall
reimburse the account or accounts used to pay the costs.

begin delete SEC. 318. end delete
begin insert SEC. 285. end insert   

Section 13995.102 of the Government Code is
amended to read:

13995.102.  

(a) The Los Angeles County Board of Supervisors
shall appoint the Los Angeles County Tourism Selection
Committee to consist of persons, or principals of entities, from
within the industry categories that are to be assessed, based upon
recommendations from established industry associations and
destination marketing organizations within Los Angeles County.

(b) The county selection committee shall consist of 24
representatives, with no fewer than three from each industry
category. The county selection committee shall appoint a chair
and any other officers it deems advisable.

(c) The county selection committee shall convene within 150
days after the effective date of this chapter. Not later than 150 days
following the initial convening of the committee, the committee
shall issue a report and recommendations listing the following:

(1) Industry segments that will be included in the initial
referendum.

(2) Percentage of funds to be levied against each industry
category and segment. To the extent possible, the percentages shall
be based upon quantifiable industry data. Funds to be levied against
businesses shall bear an appropriate relationship to the benefit
derived from travel and tourism by those businesses.

(3) Assessment methodology and rate of assessment within each
industry segment, that may include, but not be limited to, a
percentage of gross revenue or a per transaction charge.

(4) Businesses, if any, within a segment to be assessed at a
reduced rate, which may be set at zero, whether temporarily or
permanently, because they do not sufficiently benefit from travel
and tourism.

(5) Initial slate of proposed elected commissioners. The number
of commissioners elected from each industry category shall be
determined by the weighted percentage of assessments from that
category.

(d) Nothing in this section shall preclude the selection committee
from setting the assessment rate for a business within a segment
at a lower rate, which may be set at zero, than a rate applicable to
other businesses within that segment if the selection committee
makes specific findings that the lower rate should apply due to
unique geographical, financial, or other circumstances affecting
the business. No business for which a zero assessment rate is set
pursuant to this subdivision shall be sent a ballot or entitled to
participate in the initial referendum, or in any subsequent
referendum in which its rate of assessment is set at zero.

(e) The committee members for each industry category, also
referred to as a subcommittee, shall prepare a recommendation for
the entire committee on how the items specified in subdivision (c)
should be determined for the industry segments within their
industry category. The recommendations shall not include a
discussion of industry category levies, which shall be determined
solely by the committee. In the event that the subcommittee cannot
agree on one or more of the items specified in subdivision (c), no
recommendation shall be given in that category. The
recommendations shall be presented to the full committee, which
shall address each of the items contained in subdivision (c).

(f) In order to be assessed, an industry segment shall be defined
with sufficient clarity to allow for the cost-effective identification
of assessed businesses within that segment.

(g) It shall be the responsibility of the county selection
committee to advertise widely the selection committee process
and to schedule public meetings for potential assessed businesses
to provide input to the selection committee.

(h) The selection committee process and report shall be exempt
from the requirements of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1).

(i) The Los Angeles Convention and Visitors Bureau shall be
asked to supply staff support to the county selection committee.
The Governor’s Office of Business and Economic Development
shall not be required to supply staff support to the county selection
committee.

begin delete SEC. 319. end delete
begin insert SEC. 286. end insert   

Section 13995.110 of the Government Code is
amended to read:

13995.110.  

(a) No referendum required under this article shall
be undertaken until any of the following occurs, whichever is
earliest:

(1) A statewide referendum held pursuant to this chapter has
obtained a passing vote in the County of Los Angeles.

(2) Two statewide referenda have been held pursuant to this
chapter.

(3) July 1, 1998.

(b) Referenda required under this article shall be conducted in
a similar manner as provided in Article 6 (commencing with
Section 13995.60) as follows:

(1) The county commission shall undertake all duties, and act
in all respects, in place of the California Tourism Marketing
Commission, and either the county or the county treasurer/tax
collector, as designated in this article, shall act in place of the
Director of the Governor’s Office of Business and Economic
Development.

(2) The initial assessment target for the county commission shall
be set by the county selection committee.

(3) The first referendum shall be initiated by industry members,
with all costs of marketing and promoting of the initial referendum
to be provided by the tourism industry.

(4) Each referendum may cover one or more of the following
subjects:

(A) Assessment level based upon specified assessment formula.

(B) Amended industry segment allocation formulae.

(C) Percentage allocation of assessments between industry
categories and segments.

(D) Election of county commissioners subject to election by
referendum.

(E) Termination of the county commission.

(F) Whether to establish, continue, or reestablish an assessment.

(5) The costs of all marketing and promoting of all referenda
following the initial referendum shall be paid by the county
commission from assessments collected. The county commission
may reimburse those who have contributed to the costs of the initial
referendum from proceeds raised from assessments collected from
the initial referendum.

begin delete SEC. 320. end delete
begin insert SEC. 287. end insert   

Section 13995.116 of the Government Code is
amended to read:

13995.116.  

This article is subject to Article 8 (commencing
with Section 13995.80) and Article 9 (commencing with Section
13995.90) except that, as to Article 8, either the county or the
county treasurer/tax collector, as designated in this article, shall
act in the place of the Director of the Governor’s Office of Business
and Economic Development in all respects.

begin delete SEC. 321. end delete
begin insert SEC. 288. end insert   

Section 14001 of the Government Code is amended
to read:

14001.  

There is in the Transportation Agency a Department
of Transportation.

Any reference in any law or regulation to the Department of
Public Works shall be deemed to refer to the Department of
Transportation.

begin delete SEC. 322. end delete
begin insert SEC. 289. end insert   

Section 14002.5 of the Government Code is amended
to read:

14002.5.  

As used in this part, unless the context otherwise
requires:

(a) “Department” means the Department of Transportation.

(b) “Director” means the Director of Transportation.

(c) “Secretary” means the Secretary of Transportation.

(d) “Board” or “commission” means the California
Transportation Commission.

(e) “Displaced worker” means individuals eligible for assistance
pursuant to Section 15076 of the Unemployment Insurance Code.

begin delete SEC. 323. end delete
begin insert SEC. 290. end insert   

Section 14031.8 of the Government Code is amended
to read:

14031.8.  

(a) The Secretary of Transportation shall establish,
through an annual budget process, the level of state funding
available for the operation of intercity passenger rail service in
each corridor.

(b) Where applicable, operating funds shall be allocated by the
secretary to the joint powers board in accordance with an
interagency transfer agreement that includes mutually agreed-upon
rail services. Funds for the administration and marketing of
services, as appropriate, shall also be transferred by the secretary
to the joint powers board, subject to the terms of the interagency
agreement.

(c) The joint powers board or local or regional entities may
augment state-provided resources to expand intercity passenger
rail services, or to address funding shortfalls in achieving
agreed-upon performance standards. The joint powers board or
local or regional agencies may, but shall not be required to, identify
and secure new supplemental sources of funding for the purpose
of expanding or maintaining intercity rail passenger service levels,
which may include state and federal intercity rail resources. Local
resources may be available to offset any redirection, elimination,
reduction, or reclassification by the state of state resources for
operating intercity passenger rail services identified in subdivision
(b) only if the local resources are dedicated by a vote of the local
agency providing funds, with the concurrence of the joint powers
board.

(d) The department may provide any support services as may
be mutually agreed upon by the joint powers board and the
department.

(e) Operating costs shall be controlled by dealing with, at a
minimum, the Amtrak cost allocation formula and the ability to
contract out to Amtrak or other rail operators as a part of federal
legislation dealing with Amtrak reauthorization.

(f) (1) Not later than June 30, 2014, the secretary shall establish
a set of uniform performance standards for all corridors and
operators to control cost and improve efficiency.

(2) To the extent necessary, as determined by the secretary,
performance standards may be modified not later than July 30,
2015, or the effective date of the interagency transfer agreement,
whichever comes first.

(3) Feeder bus services that provide connections for intercity
rail passengers shall not be terminated unless the bus services fail
to meet the cost-effectiveness standard described in paragraph (3)
of subdivision (a) of Section 14035.2.

begin delete SEC. 324. end delete
begin insert SEC. 291. end insert   

Section 14070 of the Government Code is amended
to read:

14070.  

As used in this article, the following terms have the
following meanings:

(a) “Board” or “joint powers board” means the governing board
of a joint exercise of powers agency established pursuant to Article
5.2 (commencing with Section 14072), Article 5.4 (commencing
with Section 14074), or Article 5.6 (commencing with Section
14076) for the purpose of assuming administrative responsibility
for intercity passenger rail service within the respective corridor.

(b) “Secretary” means the Secretary of Transportation.

begin delete SEC. 325. end delete
begin insert SEC. 292. end insert   

Section 14087 of the Government Code is amended
to read:

14087.  

If the governing body of a public entity wishes to appeal
an action of the department taken under Section 14085 the matter
shall be appealed to the Secretary of Transportation. Within a
reasonable time after receiving the appeal, the secretary shall hear
all parties involved and determine the matter, or the secretary may
appoint a hearing officer to hear all parties involved and make a
recommendation for the consideration of the secretary in
determining the matter.

begin delete SEC. 326. end delete
begin insert SEC. 293. end insert   

Section 14500 of the Government Code is amended
to read:

14500.  

There is in the Transportation Agency a California
Transportation Commission.

begin delete SEC. 327. end delete
begin insert SEC. 294. end insert   

Section 14520 of the Government Code is amended
to read:

14520.  

The commission shall advise and assist the Secretary
of Transportation and the Legislature in formulating and evaluating
state policies and plans for transportation programs in the state.

begin delete SEC. 328. end delete
begin insert SEC. 295. end insert   

Section 14601 of the Government Code is amended
to read:

14601.  

There is in the state government, in the Government
Operations Agency, the Department of General Services.

begin delete SEC. 329. end delete
begin insert SEC. 296. end insert   

Section 14669.21 of the Government Code is
amended to read:

14669.21.  

(a) The Director of the Department of General
Services is authorized to acquire, develop, design, and construct,
according to plans and specifications approved by the Los Angeles
Regional Crime Laboratory Facility Authority, an approximately
200,000 gross square foot regional criminal justice laboratory,
necessary infrastructure, and related surface parking to
accommodate approximately 600 cars on the Los Angeles campus
of the California State University. In accordance with this
authorization, the director is authorized to enter into any
agreements, contracts, leases, or other documents necessary to
effectuate and further the transaction. Further, the Los Angeles
Regional Crime Laboratory Facility Authority is authorized to
assign, and the director is authorized to accept, all contracts already
entered into by the Los Angeles Regional Crime Laboratory
Facility Authority for the development and design of this project.
It is acknowledged that these contracts will have to be modified
to make them consistent with the standards for state projects. The
director is additionally authorized to enter into a long-term ground
lease for 75 years with the Trustees of the California State
University for the land within the Los Angeles campus on which
the project is to be constructed. At the end of the ground lease
term, unencumbered title to the land shall return to the trustees
and, at the option of the trustees, ownership of any improvements
constructed pursuant to this section shall vest in the trustees. The
trustees are authorized and directed to fully cooperate and enter
into a ground lease with the Department of General Services upon
the terms and conditions that will facilitate the financing of this
project by the State Public Works Board. The trustees shall obtain
concurrence from the Los Angeles Regional Crime Laboratory
Facility Authority in the development of the long-term ground
lease referenced in this section. In his or her capacity, the director
is directed to obtain concurrence and approval from the trustees
relating to the design and construction of the facility consistent
with the trustees’ reasonable requirements.

(b) The State Public Works Board is authorized to issue
lease-revenue bonds, negotiable notes, or negotiable bond
anticipation notes pursuant to the State Building Construction Act
of 1955 (Part 10b (commencing with Section begin delete 15800) end delete begin insert 15800)) end insert for
the acquisition, development, design, and construction of the
regional crime laboratory as described in this section. The project
shall be acquired, developed, designed, and constructed on behalf
of the State Public Works Board and the Office of Emergency
Services by the Department of General Services in accordance
with state laws applicable to state projects provided, however, that
the contractor prequalification specified in Section 20101 of the
Public Contract Code may be utilized. For purposes of compliance
with the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code)
the agency or agencies designated by the Director of Finance
pursuant to Section 13820 of the Penal Code is the lead agency,
and the trustees, acting through the California State University at
Los Angeles, and the Los Angeles Regional Crime Laboratory
Facility Authority are responsible agencies.

(c) The State Public Works Board and the agency or agencies
designated by the Director of Finance pursuant to Section 13820
of the Penal Code may borrow funds for project costs from the
Pooled Money Investment Account, pursuant to Sections 16312
and 16313, or from any other appropriate source. In the event the
bonds authorized by this section for the project are not sold, the
agency or agencies designated by the Director of Finance pursuant
to Section 13820 of the Penal Code shall commit a sufficient
amount of its support appropriation to repay any loans made for
the project.

(d) The amount of lease-revenue bonds, negotiable notes, or
negotiable bond anticipation notes to be issued by the State Public
Works Board shall not exceed ninety-two million dollars
($92,000,000) and any additional sums necessary to pay interim
and permanent financing costs. The additional sums may also
include interest and a reasonably required reserve fund. This
amount includes additional estimated project costs associated with
reformatting the initial local assistance appropriation into a state
managed and constructed regional crime laboratory project.

(e) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 of the Penal Code may execute a
contract with the State Public Works Board for the lease of the
regional crime laboratory facilities described in this section that
are financed with the proceeds of the board’s bonds. Further, and
notwithstanding any other provision of law, the agency or agencies
designated by the Director of Finance pursuant to Section 13820
of the Penal Code is authorized to enter into contracts and subleases
with the trustees, the Los Angeles Regional Crime Laboratory
Facility Authority, the Department of Justice, and any other
appropriate state or local agency, with the consent of the State
Public Works Board and the Department of General Services, for
the use, maintenance, and operation of the financed regional crime
laboratory facilities described in this section.

(f) When all of the bonds or notes authorized pursuant to
subdivision (d) have been paid in full or provided for in accordance
with their terms, notwithstanding any other provision of law, the
Department of General Services shall assign the ground lease
entered into pursuant to subdivision (a) to the Los Angeles
Regional Crime Laboratory Facility Authority or its successor
agency. At that time, the ground lease may be amended as agreed
to by the trustees and the Los Angeles Regional Crime Laboratory
Facility Authority or its successor agency.

begin delete SEC. 330. end delete
begin insert SEC. 297. end insert   

Section 14998.2 of the Government Code is amended
to read:

14998.2.  

(a) There is in the Governor’s Office of Business
and Economic Development, the California Film Commission
consisting of 26 members. The Governor shall appoint 13 members,
the Senate Committee on Rules shall appoint four members, the
Speaker of the Assembly shall appoint four members, and five
members shall be ex officio. The members of the commission
appointed by the Governor may include representatives of state
and local government, motion picture development companies,
employee and professional organizations composed of persons
employed in the motion picture industry, and other appropriate
members of this or related industries.

All members of the commission, except legislators who are
appointed either by the Senate Committee on Rules or by the
Speaker of the Assembly, shall serve at the pleasure of the
appointing authority for a term of two years from the effective
date of the appointment.

(b) (1) One of the members appointed by the Senate Committee
on Rules shall, and another one may, be a Senator and one of the
members appointed by the Speaker of the Assembly shall, and
another one may, be a Member of the Assembly. These persons
shall be appointed for terms of four years.

(2)  Of the legislators appointed to the commission, no more
than three legislators from the same political party may be
appointed to or serve on the commission at the same time.

(c) Any legislator appointed shall serve as a voting member of
the commission, and shall meet with, and participate in the
activities of, the commission to the extent that participation is not
incompatible with his or her position as a Member of the
Legislature, but shall only serve in that capacity while concurrently
serving as a Member of the Legislature. Whenever a legislator
vacates an office, the appointing power shall appoint another person
for a new full term.

(d) Six of the 13 members appointed by the Governor shall be
as follows:

(1) One shall be a person who is a member or employee of a
union or guild of motion picture artists.

(2) One shall be a person who is a member or employee of a
union or guild representing motion picture craftsmen, technicians,
or photographers.

(3) Two shall be from major motion picture studios.

(4) One shall be a member of the city council or a member of
the county board of supervisors of a city or a county with a
population of at least two million people.

(5) One shall be a member of the city council or a member of
the county board of supervisors of a city or a county with a
population of less than two million people.

(e) The Director of Transportation shall serve as an ex officio
nonvoting member.

(f) The Director of Parks and Recreation shall serve as an ex
officio nonvoting member.

(g) The Commissioner of the California Highway Patrol shall
serve as an ex officio nonvoting member.

(h) The State Fire Marshal shall serve as an ex officio nonvoting
member.

(i) The director of the commission shall serve as an ex officio
nonvoting member.

begin delete

SEC. 331.  

Section 15251 of the Government Code is amended
to read:

15251.  

Unless the context requires otherwise, as used in this
part, the following terms shall have the following meanings:

(a) “Department” means the Department of Technology.

(b) “Division” means the Public Safety Communications
Division established by this part.

SEC. 332.  

Section 15253 of the Government Code is amended
to read:

15253.  

This part shall apply only to those communications
facilities which are owned and operated by public agencies in
connection with official business of law enforcement services, fire
services, natural resources services, agricultural services, and
highway maintenance and control of the state or of cities, counties,
and other political subdivisions in this state. This part shall not be
construed as conferring upon the department control of programs
or broadcasts intended for the general public.

SEC. 333.  

Section 15254 of the Government Code is amended
to read:

15254.  

Radio and other communications facilities owned or
operated by the state and subject to the jurisdiction of the
department shall not be used for political, sectarian, or propaganda
purposes. The facilities shall not be used for the purpose of
broadcasts intended for the general public, except for fire, flood,
frost, storm, catastrophe, and other warnings and information for
the protection of the public safety as the department may prescribe.

SEC. 334.  

Section 15275 of the Government Code is amended
to read:

15275.  

The department may do all of the following:

(a) Provide adequate representation of local and state
governmental bodies and agencies before the Federal
Communications Commission in matters affecting the state and
its cities, counties, and other public agencies regarding public
safety communications issues.

(b) Provide, upon request, adequate advice to state and local
agencies in the state concerning existing or proposed public safety
communications facilities between any and all of the following:
cities, counties, other political subdivisions of the state, state
departments, agencies, boards, and commissions, and departments,
agencies, boards, and commissions of other states and federal
agencies.

(c) Recommend to the appropriate state and local agencies rules,
regulations, procedures, and methods of operation that it deems
necessary to effectuate the most efficient and economical use of
publicly owned and operated public safety communications
facilities within this state.

(d) Provide, upon request, information and data concerning the
public safety communications facilities that are owned and operated
by public agencies in connection with official business of public
safety services.

(e) Carry out the policy of this part.

SEC. 335.  

Section 15277 of the Government Code is amended
to read:

15277.  

The Public Safety Communications Division is
established within the department. The duties of the division shall
include, but not be limited to, all of the following:

(a) Assessing the overall long-range public safety
communications needs and requirements of the state considering
emergency operations, performance, cost, state-of-the-art
technology, multiuser availability, security, reliability, and other
factors deemed to be important to state needs and requirements.

(b) Developing strategic and tactical policies and plans for public
safety communications with consideration for the systems and
requirements of the state and all public agencies in this state, and
preparing an annual strategic communications plan that includes
the feasibility of interfaces with federal and other state
telecommunications networks and services.

(c) Recommending industry standards for public safety
communications systems to ensure multiuser availability and
compatibility.

(d) Providing advice and assistance in the selection of
communications equipment to ensure that the public safety
communications needs of state agencies are met and that
procurements are compatible throughout state agencies and are
consistent with the state’s strategic and tactical plans for public
safety communications.

(e) Providing management oversight of statewide public safety
communications systems developments.

(f) Providing for coordination of, and comment on, plans,
policies, and operational requirements from departments that utilize
public safety communications in support of their principal function,
such as the Office of Emergency Services, National Guard, health
and safety agencies, and others with primary public safety
communications programs.

(g) Monitoring and participating on behalf of the state in the
proceedings of federal and state regulatory agencies and in
congressional and state legislative deliberations that have an impact
on state government public safety communications activities.

(h) Developing plans regarding teleconferencing as an
alternative to state travel during emergency situations.

(i) Ensuring that all radio transmitting devices owned or operated
by state agencies and departments are licensed, installed, and
maintained in accordance with the requirements of federal law. A
request for a federally required license for a state-owned radio
transmitting device shall be sought only in the name of the “State
of California.”

(j) Acquiring, installing, equipping, maintaining, and operating
new or existing public safety communications systems and facilities
for public safety agencies. To accomplish that purpose, the division
is authorized to enter into contracts, obtain licenses, acquire
property, install necessary equipment and facilities, and do other
necessary acts to provide adequate and efficient public safety
communications systems. Any systems established shall be
available to all public agencies in the state on terms that may be
agreed upon by the public agency and the division.

(k) Acquiring, installing, equipping, maintaining, and operating
all new or replacement microwave communications systems
operated by the state, except microwave equipment used
exclusively for traffic signal and signing control, traffic metering,
and roadway surveillance systems. To accomplish that purpose,
the division is authorized to enter into contracts, obtain licenses,
acquire property, install necessary equipment and facilities, and
do other necessary acts to provide adequate and efficient
microwave communications systems. Any system established shall
be available to all public safety agencies in the state on terms that
may be agreed upon by the public agency and the division.

(l) This chapter shall not apply to Department of Justice
communications operated pursuant to Chapter 2.5 (commencing
with Section 15150) of Part 6.

end delete

begin delete SEC. 336. end delete
begin insert SEC. 298. end insert   

Section 15363.61 of the Government Code is
amended to read:

15363.61.  

(a) The Legislature finds and declares as follows:

(1) The entertainment industry is one of California’s leading
industries in terms of employment and tax revenue.

(2) While film, television, and commercial production in
California has expanded over the years, other states and countries
actively compete for California production business. It is generally
acknowledged that certain segments of the industry, mainly film
and television production, are especially hard hit in California.
The Legislature finds that this is due to assertive efforts of other
states and countries, offering various incentives for filming outside
of California. As a result of increased marketing efforts by other
states and countries, unemployment in certain film industry sectors
and a reduction of film business has occurred within California.

(3) Recognizing the vital role the entertainment industry plays
in California’s economy, legislation enacted in 1985 created the
California Film Commission to facilitate, retain, and attract filming
in California.

(4) In order to stop the decline of California film production, it
is necessary and appropriate to assist in the underwriting of actual
costs incurred by production companies to film in California and
to provide opportunities for production companies and other film
industry companies to lease property owned by the State of
California at below market rates.

(5) Providing the funds designated under this program, and
leasing property owned by the State of California at below market
rates is in the public interest and serves a public purpose, and
providing incentives to production companies and other film
industry companies will promote the prosperity, health, safety,
and welfare of the citizens of the State of California.

(b) It is the intent of the Legislature that, commencing with the
2002-03 fiscal year, funding for the program from the General
Fund shall not exceed the General Fund funding level for the prior
fiscal year.

begin delete SEC. 337. end delete
begin insert SEC. 299. end insert   

Section 15363.62 of the Government Code is
amended to read:

15363.62.  

For purposes of this chapter, the following meanings
shall apply:

(a) “Film” means any commercial production for motion picture,
television, commercial, or still photography.

(b) “Film costs” means the usual and customary charges by a
public agency connected with the production of a film, limited to
any of the following:

(1) State employee costs.

(2) Federal employee costs.

(3) Federal, state, University of California, and California State
University permits and rental costs.

(4) Local public entity employee costs.

(5) Local property use fees.

(6) Rental costs for equipment owned and operated by a public
agency in connection with the film.

(c) “Fund” means the Film California First Fund, established
pursuant to Section 15363.74.

(d) “Office” means the Governor’s Office of Business and
Economic Development, which includes the California Film
Commission.

(e) “Production company” means a company, partnership, or
corporation, engaged in the production of film.

(f) “Program” means the Film California First Program
established pursuant to this chapter.

(g) “Public agency” means any of the following:

(1) The State of California, and any of its agencies, departments,
boards, or commissions.

(2) The federal government, and any of its agencies,
departments, boards, or commissions.

(3) The University of California.

(4) The California State University.

(5) California local public entities.

(6) Any nonprofit corporation acting as an agent for the recovery
of costs incurred by any of the entities listed in this subdivision.

begin delete SEC. 338. end delete
begin insert SEC. 300. end insert   

Section 15363.63 of the Government Code is
amended to read:

15363.63.  

(a) (1) Except as provided in paragraph (2), the
office may pay and reimburse the film costs incurred by a public
agency, subject to an audit. The director of the commission shall
develop alternate procedures for the reimbursement of public
agency costs incurred by the production company. The office shall
only reimburse actual costs incurred and may not reimburse for
duplicative costs.

(2) Notwithstanding paragraph (1), the office shall not reimburse
costs at rates exceeding those in effect as of January 1, 2002.

(b) Notwithstanding any other provision of law, the Controller
shall pay any program invoice received from the office that
contains documentation detailing the film costs, and if the party
requesting payment or reimbursement is a public agency, a
certification that the invoice is not duplicative cost recovery, and
an agreement by the public agency that the office may audit the
public agency for invoice compliance with the program
requirements.

(c) (1) Not more than three hundred thousand dollars ($300,000)
shall be expended to pay or reimburse costs incurred on any one
film.

(2) In developing the procedures and guidelines for the program,
the commission may, in consultation with interested public
agencies, establish limits on per day film costs that the state will
reimburse. A consultation and comment period shall begin on
January 1, 2001, and shall end 30 days thereafter.

(d) (1) Upon receipt of all necessary film costs documentation
from a public agency, the office shall transmit the appropriate
information to the Controller for payment of the film costs within
30 days.

(2) Public agencies shall be entitled to reimbursement for certain
administrative costs, to be determined by the director of the
commission, incurred while participating in the program. The
reimbursement for administrative costs shall not exceed 1 percent
of the total amount of the invoices submitted. Reimbursement shall
have an annual cap imposed of not more than ten thousand dollars
($10,000) per public agency participating in the program.
Contracted agents working on behalf of two or more public
agencies shall have a cap of not more than twenty thousand dollars
($20,000) annually.

(e) The commission shall prepare annual preliminary reports to
be submitted to the Joint Legislative Budget Committee in regard
to the program prior to the adoption of the annual Budget Act. The
reports shall include a list of all entities that received funds from
the program, the amounts they received, and the public services
that were reimbursed. The commission shall prepare and submit
a final report to the committee no later than January 1, 2004.

(f) The commission shall, in consultation with the Department
of Industrial Relations and the Employment Development
Department, contract with an independent audit firm or qualified
academic expert, to prepare a report to be submitted to the Joint
Legislative Budget Committee no later than January 1, 2004, that
identifies the beneficiaries of expenditures from the Film California
First Fund, and determines the impact of these expenditures on
job retention and job creation in California.

begin delete SEC. 339. end delete
begin insert SEC. 301. end insert   

Section 15700 of the Government Code is amended
to read:

15700.  

There is in the state government, in the Government
Operations Agency, a Franchise Tax Board consisting of the
Controller, the Director of Finance, and the Chairperson of the
State Board of Equalization. The Franchise Tax Board is the
successor to, and is vested with, all of the duties, powers, purposes,
responsibilities, and jurisdiction of the Franchise Tax
Commissioner, but the statutes and laws under which that office
existed and all laws prescribing the duties, powers, purposes,
responsibilities, and jurisdiction of that office, together with all
lawful rules and regulations established thereunder, are expressly
continued in force. “Franchise Tax Commissioner” when used in
any statute, law, rule, or regulation now in force, or that may
hereafter be enacted or adopted, means the Franchise Tax Board.
No action to which the Franchise Tax Commissioner is a party
shall abate by reason hereof but shall continue in the name of the
Franchise Tax Board, and the Franchise Tax Board shall be
substituted for the Franchise Tax Commissioner by the court
wherein the action is pending. The substitution shall not in any
way affect the rights of the parties to the action.

Notwithstanding any other provision of the law to the contrary,
any directive or regulation adopted by the Franchise Tax Board
shall take precedence over any directive or regulation adopted by
its executive officer.

begin delete SEC. 340. end delete
begin insert SEC. 302. end insert   

Section 15957 of the Government Code is amended
to read:

15957.  

“Secretary” means the Secretary of Transportation.

On and after January 1, 1985, any duty, power, purpose,
responsibility, or jurisdiction which is vested by this part in the
secretary is hereby transferred to the Director of Transportation.
Whenever any reference is made in this part to the secretary, it
shall be deemed to be a reference to, and to mean, the Director of
Transportation.

begin delete SEC. 341. end delete
begin insert SEC. 303. end insert   

Section 16304.9 of the Government Code is amended
to read:

16304.9.  

(a) Upon the effective date of an act transferring any
of the powers or duties of any state officer or agency to another
state officer or agency, the Department of Finance shall determine
the portion remaining of any appropriation which was intended to
be used for the performance of such powers or duties, and shall
certify this amount to the Controller. The Controller shall thereupon
transfer such amount to the state officer or agency to which such
powers or duties were transferred.

(b) The Department of Finance shall make the final
determination of the budgetary and accounting transactions and
treatments to ensure proper implementation of reorganization,
mergers, or the elimination of state entities, offices, or agencies.

begin delete SEC. 342. end delete
begin insert SEC. 304. end insert   

Section 18521 of the Government Code is amended
to read:

18521.  

“Board” means the agency created by Section 2 of
Article VII of the begin insert California end insert Constitution and includes the “State
Personnel Board” provided in Section 2(a) and the “executive
officer” provided in Section 2(c) thereof. The board shall be within
the Government Operations Agency.

begin delete SEC. 343. end delete
begin insert SEC. 305. end insert   

Section 19815.25 is added to the Government Code,
to read:

19815.25.  

The Department of Human Resources, as established
on July 1, 2012, is hereby established within the Government
Operations Agency.

begin delete SEC. 344. end delete
begin insert SEC. 306. end insert   

Section 19844.5 of the Government Code is amended
to read:

19844.5.  

(a) A state employee who is called into service by
the Office of Emergency Services pursuant to a mission assignment
number for the purpose of engaging in a search and rescue
operation, disaster mission, or other life-saving mission conducted
within the state is entitled to administrative time off from his or
her appointing power. The appointing power shall not be liable
for payment of any disability or death benefits in the event the
employee is injured or killed in the course of service to the Office
of Emergency Services, but the employee shall remain entitled to
any benefits currently provided by the agency.

(b) The period of the duty described in subdivision (a) shall not
exceed 10 calendar days per fiscal year, including the time involved
in going to and returning from the duty. A single mission shall not
exceed three days, unless an extension of time is granted by the
office and the appointing power.

(c) This section shall apply only to volunteers participating in
the California Explorer Search and Rescue Team, Drowning
Accident Rescue Team, Wilderness Organization of Finders,
California Rescue Dog Association, and the California Wing of
the Civil Air Patrol.

(d) A state employee engaging in a duty as described in this
section shall not receive overtime compensation for the hours of
time off taken but shall receive normal compensation.

(e) A state employee shall be released to engage in a duty
described in this section at the discretion of the appointing power.
However, leave shall not be unreasonably denied. The appointing
power shall also establish a procedure whereby state employees
who receive weekend or evening requests to serve may be released
to do so.

begin delete SEC. 345. end delete
begin insert SEC. 307. end insert   

Section 20002 of the Government Code is amended
to read:

20002.  

The Public Employees’ Retirement System created by
Chapter 700 of the Statutes of 1931, as amended, is continued in
existence under this part. This system is a unit of the Government
Operations Agency.

begin delete SEC. 346. end delete
begin insert SEC. 308. end insert   

Section 26614 of the Government Code is amended
to read:

26614.  

The board of supervisors of a county may authorize the
sheriff to search for and rescue persons who are lost or are in
danger of their lives within or in the immediate vicinity of the
county. The expense incurred by the sheriff in the performance of
those duties shall be a proper county charge. Authorization for
search and rescue activities shall be consistent with guidelines and
operating plans contained in the Search and Rescue Model
Operating Plan, as developed and adopted by the Office of
Emergency Services in consultation with fire protection and law
enforcement service providers. The Office of Emergency Services
shall make the plan available to counties and fire protection and
law enforcement agencies for use and adoption by the board of
supervisors and the governing boards of all search and rescue
providers. If the board assigns responsibility for search and rescue
activities in a manner that is inconsistent with these model
operating guidelines, the board shall adopt a resolution to clarify
why the local model provides better protections than the Search
and Rescue Model Operating Plan, as developed by the Office of
Emergency Services, to residents in need of county search and
rescue services. Counties are encouraged to adopt their countywide
search and rescue plans and to review them on a regular basis. A
review of a countywide search and rescue plan shall include, but
is not limited to, changes made to the Search and Rescue Model
Operating Plan by the Office of Emergency Services. This section
shall not be construed to vest any additional powers for search and
rescue upon sheriffs or any other public safety agency that provides
search and rescue.

begin delete

SEC. 347.  

Section 51018 of the Government Code is amended
to read:

51018.  

(a) Every rupture, explosion, or fire involving a
pipeline, including a pipeline system otherwise exempted by
subdivision (a) of Section 51010.5, and including a pipeline
undergoing testing, shall be immediately reported by the pipeline
operator to the fire department having fire suppression
responsibilities and to the Office of Emergency Services. In
addition, the pipeline operator shall, within 30 days of the rupture,
explosion, or fire, file a report with the State Fire Marshal
containing all the information that the State Fire Marshal may
reasonably require to prepare the report required pursuant to
subdivision (d).

(b) (1) The Office of Emergency Services shall immediately
notify the State Fire Marshal of the incident, who shall immediately
dispatch his or her employees to the scene. The State Fire Marshal
or his or her employees, upon arrival, shall provide technical
expertise and advise the operator and all public agencies on
activities needed to mitigate the hazard.

(2) For purposes of this subdivision, the Legislature does not
intend to hinder or disrupt the workings of the “incident
commander system,” but does intend to establish a recognized
element of expertise and direction for the incident command to
consult and acknowledge as an authority on the subject of pipeline
incident mitigation. Furthermore, it is expected that the State Fire
Marshal will recognize the expertise of the pipeline operator and
any other emergency agency personnel who may be familiar with
the particular location of the incident and respect their
knowledgeable input regarding the mitigation of the incident.

(c) For purposes of this section, “rupture” includes every
unintentional liquid leak, including any leak that occurs during
hydrostatic testing, except that a crude oil leak of less than five
barrels from a pipeline or flow line in a rural area, or any crude
oil or petroleum product leak in any in-plant piping system of less
than five barrels, when no fire, explosion, or bodily injury results
or no waterway is contaminated thereby, does not constitute a
rupture for purposes of the reporting requirements of subdivision
(a).

(d) The State Fire Marshal shall, every fifth year commencing
in 1999, issue a report identifying pipeline leak incident rate trends,
reviewing current regulatory effectiveness with regard to pipeline
safety, and recommending any necessary changes to the
Legislature. This report shall include an assessment of the condition
of each pipeline and shall include all of the following: total length
of regulated pipelines, total length of regulated piggable pipeline,
total number of line sections, average length of each section,
number of leaks during study period, average spill size, average
damage per incident, average age of leak pipe, average diameter
of leak pipe, injuries during study period, cause of the leak or spill,
fatalities during study period, and other information as deemed
appropriate by the State Fire Marshal.

(e) This section does not preempt any other applicable federal
or state reporting requirement.

(f) Except as otherwise provided in this section and Section
8589.7, a notification made pursuant to this section shall satisfy
any immediate notification requirement contained in any permit
issued by a permitting agency.

(g) This section does not apply to pipeline ruptures involving
nonreportable crude oil spills under Section 3233 of the Public
Resources Code, unless the spill involves a fire or explosion.

SEC. 348.  

Section 53108.5 of the Government Code is amended
to read:

53108.5.  

“Division,” as used in this article, means the Public
Safety Communications Division within the Department of
Technology.

SEC. 349.  

Section 53126.5 of the Government Code is amended
to read:

53126.5.  

For purposes of this article, the following definitions
apply:

(a) “Local public agency” means a city, county, city and county,
and joint powers authority that provides a public safety answering
point (PSAP).

(b) “Nonemergency telephone system” means a system
structured to provide access to only public safety agencies such
as police and fire, or a system structured to provide access to public
safety agencies and to all other services provided by a local public
agency such as street maintenance and animal control.

(c) “Public Safety Communications Division” means the Public
Safety Communications Division within the Department of
Technology.

end delete

begin delete SEC. 350. end delete
begin insert SEC. 309. end insert   

Section 53630.5 of the Government Code is amended
to read:

53630.5.  

(a) The definitions in Section 1750 of, and Chapter
1 (commencing with Section 99) of Division 1 of, the Financial
Code apply to this section.

(b) In this article, for purposes of being a depository of moneys
belonging to or being in the custody of a local agency, the phrases
“state or national bank located in this state,” “state or national
bank,” “state or national bank in this state,” and “state or national
banks in the state” include, without limitation, any of the following:

(1) Any California branch office of a foreign (other state) state
bank that the bank is authorized to maintain under the law of its
domicile and federal law.

(2) Any California branch office of a foreign (other state)
national bank that the bank is authorized to maintain under federal
law.

(3) Any California branch office of a foreign (other nation) bank
that the bank is licensed to maintain under Article 3 (commencing
with Section 1800) of Chapter 20 of Division 1.1 of the Financial
Code.

(4) Any California federal branch of a foreign (other nation)
bank that the bank is authorized to maintain under federal law.

begin delete SEC. 351. end delete
begin insert SEC. 310. end insert   

Section 54238.3 of the Government Code is amended
to read:

54238.3.  

(a) This article shall apply only to surplus residential
properties which were acquired for a state project, for which at
least 20 dwelling units were acquired and owned by the state on
January 1, 1980, or on the date the properties were declared to be
surplus, whichever date occurs later. For the purpose of this section,
a freeway route and its interchanges shall be considered one state
project. Except for State Highway Route 7 in Los Angeles County,
this article shall not apply to freeway routes rescinded on or after
January 1, 1984.

(b) Any person who is displaced from any dwelling located on
such residential property that is also located within the right-of-way
of a freeway route or its interchanges for which the property was
declared surplus on or after January 1, 1984, and who occupied
that dwelling for at least 90 days prior to the date the property was
declared surplus, shall be eligible to receive the relocation advisory
assistance provided by Section 7261, the relocation benefits
provided by paragraph (1) of subdivision (a) or subdivision (b) of
Section 7262, the payments authorized by subdivision (b) or (c)
of Section 7264, and the right for review of decision as provided
by Section 7266 if the person is forced to relocate from the
dwelling, as a direct result of the state agency’s disposal of the
excess real property, within 90 days of the recordation of the deed
from the state agency to a new owner.

(c) Whenever a state surplus residential property disposal
project, as described in subdivision (b), includes 50 or more
dwelling units, a Relocation Liaison shall be appointed by the
Secretary of Transportation. The term of the appointment shall be
of sufficient duration for the Relocation Liaison to fulfill the
assignment, not to exceed 180 days, and shall begin on the date
that the property is declared to be surplus. The Relocation Liaison
shall have the following assigned duties and responsibilities:

(1) Meet with the eligible persons and explain to them the
benefits defined in subdivision (b).

(2) In conjunction with the state agency, assist in obtaining
replacement housing for eligible persons.

(3) Assist eligible persons in completing and processing claims
for benefits.

The state agency which is disposing of the surplus residential
property shall be responsible for underwriting all reasonable costs
as determined by the secretary associated with the operation of the
Relocation Liaison’s office necessary to perform all duties assigned
to it.

begin delete SEC. 352. end delete
begin insert SEC. 311. end insert   

Section 63021 of the Government Code is amended
to read:

63021.  

(a) There is within the Governor’s Office of Business
and Economic Development the Infrastructure and Economic
Development Bank which shall be responsible for administering
this division.

(b) The bank shall be under the direction of an executive director
appointed by the Governor, and who shall serve at the pleasure of
the Governor. The appointment shall be subject to confirmation
by the Senate.

SEC. 353.  

Section 63021.5 of the Government Code is amended
to read:

63021.5.  

(a) The bank shall be governed and its corporate
power exercised by a board of directors that shall consist of the
following persons:

(1) The Director of Finance or his or her designee.

(2) The Treasurer or his or her designee.

(3) The Director of the Governor’s Office of Economic and
Business Development or his or her designee, who shall serve as
chair of the board.

(4)  An appointee of the Governor.

(5)  The Secretary of Transportation or his or her designee.

(b) Any designated director shall serve at the pleasure of the
designating power.

(c) Three of the members shall constitute a quorum and the
affirmative vote of three board members shall be necessary for
any action to be taken by the board.

(d) A member of the board shall not participate in any bank
action or attempt to influence any decision or recommendation by
any employee of, or consultant to, the bank that involves a sponsor
of which he or she is a representative or in which the member or
a member of his or her immediate family has a personal financial
interest within the meaning of Section 87100. For purposes of this
section, “immediate family” means the spouse, children, and
parents of the member.

(e) Except as provided in this subdivision, the members of the
board shall serve without compensation, but shall be reimbursed
for actual and necessary expenses incurred in the performance of
their duties to the extent that reimbursement for these expenses is
not otherwise provided or payable by another public agency, and
shall receive one hundred dollars ($100) for each full day of
attending meetings of the authority.

begin delete SEC. 354. end delete
begin insert SEC. 312. end insert   

Section 65037.1 of the Government Code is repealed.

begin delete SEC. 355. end delete
begin insert SEC. 313. end insert   

Section 65080.1 of the Government Code, as
amended by Section 20 of Chapter 681 of the Statutes of 1982, is
amended to read:

65080.1.  

Once preparation of a regional transportation plan
has been commenced by or on behalf of a designated transportation
planning agency, the Secretary of Transportation shall not designate
a new transportation planning agency pursuant to Section 29532
for all or any part of the geographic area served by the originally
designated agency unless he or she first determines that
redesignation will not result in the loss to California of any
substantial amounts of federal funds.

begin delete SEC. 356. end delete
begin insert SEC. 314. end insert   

Section 65302 of the Government Code is amended
to read:

65302.  

The general plan shall consist of a statement of
development policies and shall include a diagram or diagrams and
text setting forth objectives, principles, standards, and plan
proposals. The plan shall include the following elements:

(a) A land use element that designates the proposed general
distribution and general location and extent of the uses of the land
for housing, business, industry, open space, including agriculture,
natural resources, recreation, and enjoyment of scenic beauty,
education, public buildings and grounds, solid and liquid waste
disposal facilities, and other categories of public and private uses
of land. The location and designation of the extent of the uses of
the land for public and private uses shall consider the identification
of land and natural resources pursuant to paragraph (3) of
subdivision (d). The land use element shall include a statement of
the standards of population density and building intensity
recommended for the various districts and other territory covered
by the plan. The land use element shall identify and annually
review those areas covered by the plan that are subject to flooding
identified by flood plain mapping prepared by the Federal
Emergency Management Agency (FEMA) or the Department of
Water Resources. The land use element shall also do both of the
following:

(1) Designate in a land use category that provides for timber
production those parcels of real property zoned for timberland
production pursuant to the California Timberland Productivity Act
of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1
of Division 1 of Title 5).

(2) Consider the impact of new growth on military readiness
activities carried out on military bases, installations, and operating
and training areas, when proposing zoning ordinances or
designating land uses covered by the general plan for land, or other
territory adjacent to military facilities, or underlying designated
military aviation routes and airspace.

(A) In determining the impact of new growth on military
readiness activities, information provided by military facilities
shall be considered. Cities and counties shall address military
impacts based on information from the military and other sources.

(B) The following definitions govern this paragraph:

(i) “Military readiness activities” mean all of the following:

(I) Training, support, and operations that prepare the men and
women of the military for combat.

(II) Operation, maintenance, and security of any military
installation.

(III) Testing of military equipment, vehicles, weapons, and
sensors for proper operation or suitability for combat use.

(ii) “Military installation” means a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity under
the jurisdiction of the United States Department of Defense as
defined in paragraph (1) of subsection (e) of Section 2687 of Title
10 of the United States Code.

(b) (1) A circulation element consisting of the general location
and extent of existing and proposed major thoroughfares,
transportation routes, terminals, any military airports and ports,
and other local public utilities and facilities, all correlated with the
land use element of the plan.

(2) (A) Commencing January 1, 2011, upon any substantive
revision of the circulation element, the legislative body shall
modify the circulation element to plan for a balanced, multimodal
transportation network that meets the needs of all users of streets,
roads, and highways for safe and convenient travel in a manner
that is suitable to the rural, suburban, or urban context of the
general plan.

(B) For purposes of this paragraph, “users of streets, roads, and
highways” mean bicyclists, children, persons with disabilities,
motorists, movers of commercial goods, pedestrians, users of public
transportation, and seniors.

(c) A housing element as provided in Article 10.6 (commencing
with Section 65580).

(d) (1) A conservation element for the conservation,
development, and utilization of natural resources including water
and its hydraulic force, forests, soils, rivers and other waters,
harbors, fisheries, wildlife, minerals, and other natural resources.
The conservation element shall consider the effect of development
within the jurisdiction, as described in the land use element, on
natural resources located on public lands, including military
installations. That portion of the conservation element including
waters shall be developed in coordination with any countywide
water agency and with all district and city agencies, including
flood management, water conservation, or groundwater agencies
that have developed, served, controlled, managed, or conserved
water of any type for any purpose in the county or city for which
the plan is prepared. Coordination shall include the discussion and
evaluation of any water supply and demand information described
in Section 65352.5, if that information has been submitted by the
water agency to the city or county.

(2) The conservation element may also cover all of the
following:

(A) The reclamation of land and waters.

(B) Prevention and control of the pollution of streams and other
waters.

(C) Regulation of the use of land in stream channels and other
areas required for the accomplishment of the conservation plan.

(D) Prevention, control, and correction of the erosion of soils,
beaches, and shores.

(E) Protection of watersheds.

(F) The location, quantity and quality of the rock, sand, and
gravel resources.

(3) Upon the next revision of the housing element on or after
January 1, 2009, the conservation element shall identify rivers,
creeks, streams, flood corridors, riparian habitats, and land that
may accommodate floodwater for purposes of groundwater
recharge and stormwater management.

(e) An open-space element as provided in Article 10.5
(commencing with Section 65560).

(f) (1) A noise element that shall identify and appraise noise
problems in the community. The noise element shall recognize the
guidelines established by the Office of Noise Control and shall
analyze and quantify, to the extent practicable, as determined by
the legislative body, current and projected noise levels for all of
the following sources:

(A) Highways and freeways.

(B) Primary arterials and major local streets.

(C) Passenger and freight online railroad operations and ground
rapid transit systems.

(D) Commercial, general aviation, heliport, helistop, and military
airport operations, aircraft overflights, jet engine test stands, and
all other ground facilities and maintenance functions related to
airport operation.

(E) Local industrial plants, including, but not limited to, railroad
classification yards.

(F) Other ground stationary noise sources, including, but not
limited to, military installations, identified by local agencies as
contributing to the community noise environment.

(2) Noise contours shall be shown for all of these sources and
stated in terms of community noise equivalent level (CNEL) or
day-night average level (L_dn). The noise contours shall be prepared
on the basis of noise monitoring or following generally accepted
noise modeling techniques for the various sources identified in
paragraphs (1) to (6), inclusive.

(3) The noise contours shall be used as a guide for establishing
a pattern of land uses in the land use element that minimizes the
exposure of community residents to excessive noise.

(4) The noise element shall include implementation measures
and possible solutions that address existing and foreseeable noise
problems, if any. The adopted noise element shall serve as a
guideline for compliance with the state’s noise insulation standards.

(g) (1) A safety element for the protection of the community
from any unreasonable risks associated with the effects of
seismically induced surface rupture, ground shaking, ground
failure, tsunami, seiche, and dam failure; slope instability leading
to mudslides and landslides; subsidence; liquefaction; and other
seismic hazards identified pursuant to Chapter 7.8 (commencing
with Section 2690) of Division 2 of the Public Resources Code,
and other geologic hazards known to the legislative body; flooding;
and wildland and urban fires. The safety element shall include
mapping of known seismic and other geologic hazards. It shall
also address evacuation routes, military installations, peakload
water supply requirements, and minimum road widths and
clearances around structures, as those items relate to identified fire
and geologic hazards.

(2) The safety element, upon the next revision of the housing
element on or after January 1, 2009, shall also do the following:

(A) Identify information regarding flood hazards, including,
but not limited to, the following:

(i) Flood hazard zones. As used in this subdivision, “flood
hazard zone” means an area subject to flooding that is delineated
as either a special hazard area or an area of moderate or minimal
hazard on an official flood insurance rate map issued by the Federal
Emergency Management Agency (FEMA). The identification of
a flood hazard zone does not imply that areas outside the flood
hazard zones or uses permitted within flood hazard zones will be
free from flooding or flood damage.

(ii) National Flood Insurance Program maps published by
FEMA.

(iii) Information about flood hazards that is available from the
United States Army Corps of Engineers.

(iv) Designated floodway maps that are available from the
Central Valley Flood Protection Board.

(v) Dam failure inundation maps prepared pursuant to Section
8589.5 that are available from the Office of Emergency Services.

(vi) Awareness Floodplain Mapping Program maps and 200-year
flood plain maps that are or may be available from, or accepted
by, the Department of Water Resources.

(vii) Maps of levee protection zones.

(viii) Areas subject to inundation in the event of the failure of
project or nonproject levees or floodwalls.

(ix) Historical data on flooding, including locally prepared maps
of areas that are subject to flooding, areas that are vulnerable to
flooding after wildfires, and sites that have been repeatedly
damaged by flooding.

(x) Existing and planned development in flood hazard zones,
including structures, roads, utilities, and essential public facilities.

(xi) Local, state, and federal agencies with responsibility for
flood protection, including special districts and local offices of
emergency services.

(B) Establish a set of comprehensive goals, policies, and
objectives based on the information identified pursuant to
subparagraph (A), for the protection of the community from the
unreasonable risks of flooding, including, but not limited to:

(i) Avoiding or minimizing the risks of flooding to new
development.

(ii) Evaluating whether new development should be located in
flood hazard zones, and identifying construction methods or other
methods to minimize damage if new development is located in
flood hazard zones.

(iii) Maintaining the structural and operational integrity of
essential public facilities during flooding.

(iv) Locating, when feasible, new essential public facilities
outside of flood hazard zones, including hospitals and health care
facilities, emergency shelters, fire stations, emergency command
centers, and emergency communications facilities or identifying
construction methods or other methods to minimize damage if
these facilities are located in flood hazard zones.

(v) Establishing cooperative working relationships among public
agencies with responsibility for flood protection.

(C) Establish a set of feasible implementation measures designed
to carry out the goals, policies, and objectives established pursuant
to subparagraph (B).

(3) Upon the next revision of the housing element on or after
January 1, 2014, the safety element shall be reviewed and updated
as necessary to address the risk of fire for land classified as state
responsibility areas, as defined in Section 4102 of the Public
Resources Code, and land classified as very high fire hazard
severity zones, as defined in Section 51177. This review shall
consider the advice included in the Office of Planning and
Research’s most recent publication of “Fire Hazard Planning,
General Technical Advice Series” and shall also include all of the
following:

(A) Information regarding fire hazards, including, but not limited
to, all of the following:

(i) Fire hazard severity zone maps available from the Department
of Forestry and Fire Protection.

(ii)  Any historical data on wildfires available from local
agencies or a reference to where the data can be found.

(iii) Information about wildfire hazard areas that may be
available from the United States Geological Survey.

(iv) General location and distribution of existing and planned
uses of land in very high fire hazard severity zones and in state
responsibility areas, including structures, roads, utilities, and
essential public facilities. The location and distribution of planned
uses of land shall not require defensible space compliance measures
required by state law or local ordinance to occur on publicly owned
lands or open space designations of homeowner associations.

(v) Local, state, and federal agencies with responsibility for fire
protection, including special districts and local offices of
emergency services.

(B) A set of goals, policies, and objectives based on the
information identified pursuant to subparagraph (A) for the
protection of the community from the unreasonable risk of wildfire.

(C) A set of feasible implementation measures designed to carry
out the goals, policies, and objectives based on the information
identified pursuant to subparagraph (B) including, but not limited
to, all of the following:

(i) Avoiding or minimizing the wildfire hazards associated with
new uses of land.

(ii) Locating, when feasible, new essential public facilities
outside of high fire risk areas, including, but not limited to,
hospitals and health care facilities, emergency shelters, emergency
command centers, and emergency communications facilities, or
identifying construction methods or other methods to minimize
damage if these facilities are located in a state responsibility area
or very high fire hazard severity zone.

(iii) Designing adequate infrastructure if a new development is
located in a state responsibility area or in a very high fire hazard
severity zone, including safe access for emergency response
vehicles, visible street signs, and water supplies for structural fire
suppression.

(iv) Working cooperatively with public agencies with
responsibility for fire protection.

(D) If a city or county has adopted a fire safety plan or document
separate from the general plan, an attachment of, or reference to,
a city or county’s adopted fire safety plan or document that fulfills
commensurate goals and objectives and contains information
required pursuant to this paragraph.

(4) After the initial revision of the safety element pursuant to
paragraphs (2) and (3), upon each revision of the housing element,
the planning agency shall review and, if necessary, revise the safety
element to identify new information that was not available during
the previous revision of the safety element.

(5) Cities and counties that have flood plain management
ordinances that have been approved by FEMA that substantially
comply with this section, or have substantially equivalent
provisions to this subdivision in their general plans, may use that
information in the safety element to comply with this subdivision,
and shall summarize and incorporate by reference into the safety
element the other general plan provisions or the flood plain
ordinance, specifically showing how each requirement of this
subdivision has been met.

(6) Prior to the periodic review of its general plan and prior to
preparing or revising its safety element, each city and county shall
consult the California Geological Survey of the Department of
Conservation, the Central Valley Flood Protection Board, if the
city or county is located within the boundaries of the Sacramento
and San Joaquin Drainage District, as set forth in Section 8501 of
the Water Code, and the Office of Emergency Services for the
purpose of including information known by and available to the
department, the agency, and the board required by this subdivision.

(7) To the extent that a county’s safety element is sufficiently
detailed and contains appropriate policies and programs for
adoption by a city, a city may adopt that portion of the county’s
safety element that pertains to the city’s planning area in
satisfaction of the requirement imposed by this subdivision.

begin delete SEC. 357. end delete
begin insert SEC. 315. end insert   

Section 65302.6 of the Government Code is amended
to read:

65302.6.  

(a) A city, county, or a city and county may adopt
with its safety element pursuant to subdivision (g) of Section 65302
a local hazard mitigation plan (HMP) specified in the federal
Disaster Mitigation Act of 2000 (Public Law 106-390). The hazard
mitigation plan shall include all of the following elements called
for in the federal act requirements:

(1) An initial earthquake performance evaluation of public
facilities that provide essential services, shelter, and critical
governmental functions.

(2) An inventory of private facilities that are potentially
hazardous, including, but not limited to, multiunit, soft story,
concrete tilt-up, and concrete frame buildings.

(3) A plan to reduce the potential risk from private and
governmental facilities in the event of a disaster.

(b) Local jurisdictions that have not adopted a local hazard
mitigation plan shall be given preference by the Office of
Emergency Services in recommending actions to be funded from
the Pre-Disaster Mitigation Program, the Hazard Mitigation Grant
Program, and the Flood Mitigation Assistance Program to assist
the local jurisdiction in developing and adopting a local hazard
mitigation plan, subject to available funding from the Federal
Emergency Management Agency.

begin delete SEC. 358. end delete
begin insert SEC. 316. end insert   

Section 66427.1 of the Government Code is amended
to read:

66427.1.  

(a) The legislative body shall not approve a final
map for a subdivision to be created from the conversion of
residential real property into a condominium project, a community
apartment project, or a stock cooperative project, unless it finds
as follows:

(1) Each tenant of the proposed condominium, community
apartment project, or stock cooperative project, and each person
applying for the rental of a unit in the residential real property, has
received or will have received all applicable notices and rights
now or hereafter required by this chapter or Chapter 3
(commencing with Section 66451).

(2) Each of the tenants of the proposed condominium,
community apartment project, or stock cooperative project has
received or will receive each of the following notices:

(A) Written notification, pursuant to Section 66452.18, of
intention to convert, provided at least 60 days prior to the filing
of a tentative map pursuant to Section 66452.

(B) Ten days’ written notification that an application for a public
report will be, or has been, submitted to the Bureau of Real Estate,
that the period for each tenant’s right to purchase begins with the
issuance of the final public report, and that the report will be
available on request.

(C) Written notification that the subdivider has received the
public report from the Bureau of Real Estate. This notice shall be
provided within five days after the date that the subdivider receives
the public report from the Bureau of Real Estate.

(D) Written notification within 10 days after approval of a final
map for the proposed conversion.

(E) One hundred eighty days’ written notice of intention to
convert, provided prior to termination of tenancy due to the
conversion or proposed conversion pursuant to Section 66452.19,
but not before the local authority has approved a tentative map for
the conversion. The notice given pursuant to this paragraph shall
not alter or abridge the rights or obligations of the parties in
performance of their covenants, including, but not limited to, the
provision of services, payment of rent, or the obligations imposed
by Sections 1941, 1941.1, and 1941.2 of the Civil Code.

(F) Notice of an exclusive right to contract for the purchase of
his or her respective unit upon the same terms and conditions that
the unit will be initially offered to the general public or terms more
favorable to the tenant pursuant to Section 66452.20. The exclusive
right to purchase shall commence on the date the subdivision public
report is issued, as provided in Section 11018.2 of the Business
and Professions Code, and shall run for a period of not less than
90 days, unless the tenant gives prior written notice of his or her
intention not to exercise the right.

(b) The written notices to tenants required by subparagraphs
(A) and (B) of paragraph (2) of subdivision (a) shall be deemed
satisfied if those notices comply with the legal requirements for
service by mail.

(c) This section shall not diminish, limit, or expand, other than
as provided in this section, the authority of any city, county, or
city and county to approve or disapprove condominium projects.

(d) If a rental agreement was negotiated in Spanish, Chinese,
Tagalog, Vietnamese, or Korean, all required written notices
regarding the conversion of residential real property into a
condominium project, a community apartment project, or a stock
cooperative project shall be issued in that language.

begin delete SEC. 359. end delete
begin insert SEC. 317. end insert   

Section 66452.17 of the Government Code is
amended to read:

66452.17.  

(a) Commencing at a date not less than 60 days
prior to the filing of a tentative map pursuant to Section 66452,
the subdivider or his or her agent shall give notice of the filing, in
the form outlined in subdivision (b), to each person applying after
that date for rental of a unit of the subject property immediately
prior to the acceptance of any rent or deposit from the prospective
tenant by the subdivider.

(b) The notice shall be as follows:

 

“To the prospective occupant(s) of

:

(address)

 

The owner(s) of this building, at (address), has filed or plans to
file a tentative map with the (city, county, or city and county) to
convert this building to a (condominium, community apartment,
or stock cooperative project). No units may be sold in this building
unless the conversion is approved by the (city, county, or city and
county) and until after a public report is issued by the Bureau of
Real Estate. If you become a tenant of this building, you shall be
given notice of each hearing for which notice is required pursuant
to Sections 66451.3 and 66452.5 of the Government Code, and
you have the right to appear and the right to be heard at any such
hearing.

 

	(signature of owner or owner’s agent)
	(dated)
I have received this notice on     .
	(date)
	(prospective tenant’s signature)”

 

(c) Failure by a subdivider or his or her agent to give the notice
required in subdivision (a) shall not be grounds to deny the
conversion. However, if the subdivider or his or her agent fails to
give notice pursuant to this section, he or she shall pay to each
prospective tenant who becomes a tenant and who was entitled to
the notice, and who does not purchase his or her unit pursuant to
subparagraph (F) of paragraph (2) of subdivision (a) of Section
66427.1, an amount equal to the sum of the following:

(1) Actual moving expenses incurred when moving from the
subject property, but not to exceed one thousand one hundred
dollars ($1,100).

(2) The first month’s rent on the tenant’s new rental unit, if any,
immediately after moving from the subject property, but not to
exceed one thousand one hundred dollars ($1,100).

(d) The requirements of subdivision (c) constitute a minimum
state standard. However, nothing in that subdivision shall be
construed to prohibit any city, county, or city and county from
requiring, by ordinance or charter provision, a subdivider to
compensate any tenant, whose tenancy is terminated as the result
of a condominium, community apartment project, or stock
cooperative conversion, in amounts or by services which exceed
those set forth in paragraphs (1) and (2) of that subdivision. If that
requirement is imposed by any city, county, or city and county, a
subdivider who meets the compensation requirements of the local
ordinance or charter provision shall be deemed to satisfy the
requirements of subdivision (c).

begin delete SEC. 360. end delete
begin insert SEC. 318. end insert   

Section 66503 of the Government Code is amended
to read:

66503.  

The commission shall consist of 21 members as follows:

(a) Two members each from the City and County of San
Francisco and the Counties of Contra Costa and San Mateo, and
three members each from the Counties of Alameda and Santa
Clara. With respect to the members from the City and County of
San Francisco, the mayor shall appoint one member and the board
of supervisors shall appoint one member. With respect to the
members from Alameda, Contra Costa, San Mateo, and Santa
Clara Counties, the city selection committee organized in each
county pursuant to Article 11 (commencing with Section 50270)
of Chapter 1 of Part 1 of Division 1 of Title 5, shall appoint one
member and the board of supervisors shall appoint one member.
The Mayor of the City of Oakland shall be self-appointed or shall
appoint a member of the Oakland City Council to serve as the third
member from the County of Alameda. The Mayor of the City of
San Jose shall be self-appointed or shall appoint a member of the
San Jose City Council to serve as the third member from the
County of Santa Clara.

(b) One member each from Marin, Napa, Solano, and Sonoma
Counties. The city selection committee of these counties shall
furnish to the board of supervisors the names of three nominees
and the board of supervisors shall appoint one of the nominees to
represent the county.

(c) One representative each appointed by the Association of
Bay Area Governments and the San Francisco Bay Conservation
and Development Commission. The representative appointed by
the San Francisco Bay Conservation and Development Commission
shall be a member of the commission and a resident of the City
and County of San Francisco, and shall be approved by the Mayor
of San Francisco.

(d) One representative, who shall be a nonvoting member,
appointed by the Secretary of Transportation.

(e) One representative each appointed by the United States
Department of Transportation and Department of Housing and
Urban Development. However, these representatives shall serve
only if the agencies they represent are amenable to these
appointments. These representatives shall be nonvoting members.

(f) Public officers, whether elected or appointed, may be
appointed and serve as members of the commission during their
terms of public office.

(g) No more than three members appointed pursuant to
subdivisions (a), (b), and (c) shall be residents of the same county.

begin delete SEC. 361. end delete
begin insert SEC. 319. end insert   

Section 66521 of the Government Code is amended
to read:

66521.  

(a) It is the intention of the Legislature that the federal
government, the state, and local agencies in the region will
participate in support of the commission. The Legislature further
intends that financial support of the activities of the commission
will be made available from federal, state, and local sources
normally available for transportation and general planning purposes
in the region.

(b) The commission and the Transportation Agency shall
negotiate contracts or agreements whereby federal-aid highway
funds available for planning, and the necessary state matching
funds from the State Highway Account in the State Transportation
Fund, may be made available for support of the activities of the
commission insofar as they relate to highway, road, and street
planning for the region.

(c) The commission shall also negotiate, either directly or
through the Office of Planning and Research or other appropriate
agency, with the United States Department of Housing and Urban
Development for grants or contributions of federal funds which
may be available to support the study and planning activities of
the commission.

(d) The commission shall negotiate equitable agreements with
the City and County of San Francisco, and other counties and cities
within the region, the Association of Bay Area Governments, the
San Francisco Bay Area Rapid Transit District, the
Alameda-Contra Costa Transit District, and the Golden Gate
Bridge, Highway and Transportation District for the contribution
of funds or services for the general support of the activities of the
commission and for required matching of federal funds as may be
made available. Any county, city and county, or city may use its
apportionments from the Motor Vehicle License Fee Account in
the Transportation Tax Fund for these purposes.

begin delete SEC. 362. end delete
begin insert SEC. 320. end insert   

Section 66540.5 of the Government Code is amended
to read:

66540.5.  

The authority shall have the authority to plan, manage,
operate, and coordinate the emergency activities of all water
transportation and related facilities within the bay area region,
except those provided or owned by the Golden Gate Bridge,
Highway and Transportation District. During a state of war
emergency, a state of emergency, or a local emergency, as
described in Section 8558, the authority, in cooperation with the
Office of Emergency Services, the United States Coast Guard, the
Federal Emergency Management Agency, and the Metropolitan
Transportation Commission, shall coordinate the emergency
activities for all water transportation services in the bay area region
and, for such purposes, shall be known as the Bay Area Maritime
Emergency Transportation Coordinator.

begin delete SEC. 363. end delete
begin insert SEC. 321. end insert   

Section 66540.32 of the Government Code is
amended to read:

66540.32.  

(a) The authority shall create and adopt, on or before
July 1, 2009, an emergency water transportation system
management plan for water transportation services in the bay area
region in the event that bridges, highways, and other facilities are
rendered wholly or significantly inoperable.

(b) (1) The authority shall create and adopt, on or before July
1, 2009, a transition plan to facilitate the transfer of existing public
transportation ferry services within the bay area region to the
authority pursuant to this title. In the preparation of the transition
plan, priority shall be given to ensuring continuity in the programs,
services, and activities of existing public transportation ferry
services.

(2) The plan required by this subdivision shall include all of the
following:

(A) A description of existing ferry services in the bay area
region, as of January 1, 2008, that are to be transferred to the
authority pursuant to Section 66540.11 and a description of any
proposed changes to those services.

(B) A description of any proposed expansion of ferry services
in the bay area region.

(C) An inventory of the ferry and ferry-related capital assets or
leasehold interests, including, but not limited to, vessels, terminals,
maintenance facilities, and existing or planned parking facilities
or parking structures, and of the personnel, operating costs, and
revenues of public agencies operating public transportation ferries
and providing water transportation services as of January 1, 2008,
and those facilities that are to be transferred, in whole or in part,
to the authority pursuant to Section 66540.11.

(D) A description of those capital assets, leasehold interests,
and personnel identified in subparagraph (C) that the authority
proposes to be transferred pursuant to Section 66540.11.

(E) An operating plan that includes, at a minimum, an estimate
of the costs to continue the ferry services described in subparagraph
(A) for at least five years and a detailed description of current and
historically available revenues and proposed sources of revenue
to meet those anticipated costs. Further, the operating plan shall
identify options for closing any projected deficits or for addressing
increased cost inputs, such as fuel, for at least the five-year period.

(F) A description of the proposed services, duties, functions,
responsibilities, and liabilities of the authority and those of agencies
providing or proposed to provide water transportation services for
the authority.

(G) To the extent the plan may include the transfer of assets or
services from a local agency to the authority pursuant to Section
66540.11, that transfer shall be subject to negotiation and
agreement by the local agency. The authority and the local agency
shall negotiate and agree on fair terms, including just
compensation, prior to any transfer authorized by this title.

(H) An initial five-year Capital Improvement Program (CIP)
detailing how the authority and its local agency partners plan to
support financing and completion of capital improvement projects,
including, but not limited to, those described in subparagraph (C),
that are required to support the operation of transferred ferry
services. Priority shall be given to emergency response projects
and those capital improvement projects for which a Notice of
Determination pursuant to the California Environmental Quality
Act has been filed and which further the expansion, efficiency, or
effectiveness of the ferry system.

(I) A description of how existing and expanded water
transportation services will provide seamless connections to other
transit providers in the bay area region, including, but not limited
to, a description of how the authority will coordinate with all local
agencies to ensure optimal public transportation services, including
supplemental bus services that existed on January 1, 2008, that
support access to the ferry system for the immediate and
surrounding communities.

(J) The date on which the ferry services are to be transferred to
the authority.

(3) To the extent the plan required by this subdivision includes
proposed changes to water transportation services or related
facilities historically provided by the City of Vallejo or the City
of Alameda, the proposed changes shall be consistent with that
city’s general plan, its redevelopment plans, and its development
and disposition agreements for projects related to the provision of
water transportation services. Those projects include, but are not
limited to, the construction of parking facilities and transit transfer
facilities within close proximity of a ferry terminal or the relocation
of a ferry terminal.

(c) In developing the plans described in subdivisions (a) and
(b), the authority shall cooperate to the fullest extent possible with
the Metropolitan Transportation Commission, the Office of
Emergency Services, the Association of Bay Area Governments,
and the San Francisco Bay Conservation and Development
Commission, and shall, to the fullest extent possible, coordinate
its planning with local agencies, including those local agencies
that operated, or contracted for the operation of, public water
transportation services as of the effective date of this title. To avoid
duplication of work, the authority shall make maximum use of
data and information available from the planning programs of the
Metropolitan Transportation Commission, the Office of Emergency
Services, the Association of Bay Area Governments, the San
Francisco Bay Conservation and Development Commission, the
cities and counties in the San Francisco Bay area, and other public
and private planning agencies. In addition, the authority shall
consider both of the following:

(1) The San Francisco Bay Area Water Transit Implementation
and Operations Plan adopted by the San Francisco Bay Area Water
Transit Authority on July 10, 2003.

(2) Any other plan concerning water transportation within the
bay area region developed or adopted by any general purpose local
government or special district that operates or sponsors water
transit, including, but not limited to, those water transportation
services provided under agreement with a private operator.

(d) The authority shall prepare a specific transition plan for any
transfer not anticipated by the transition plan required under
subdivision (b).

(e) Prior to adopting the plans required by this section, the
authority shall establish a process for taking public input on the
plans in consultation with existing operators of public ferry services
affected by the plans. The public input process shall include at
least one public hearing conducted at least 60 days prior to the
adoption of the plans in each city where an operational ferry facility
existed as of January 1, 2008.

begin delete

SEC. 364.  

Section 91550 of the Government Code is amended
to read:

91550.  

There is in state government the California Industrial
Development Financing Advisory Commission, consisting of five
members, as follows:

(a) The Treasurer, who shall serve as chairperson.

(b) The Controller.

(c) The Director of Finance.

(d) The Secretary of Business, Consumer Services and Housing.

(e) The Commissioner of Business Oversight.

Members of the commission may each designate a deputy or
employee in his or her agency to act for him or her at all meetings
of the commission. The first meeting shall be convened by the
Treasurer.

end delete

begin delete SEC. 365. end delete
begin insert SEC. 322. end insert   

Section 99503 of the Government Code is amended
to read:

99503.  

(a) (1) All state employees working under the
jurisdiction of an agency secretary shall, within 30 days of traveling
out of the country on official state business provide, to the secretary
to whom they report, a memorandum detailing dates of the trip,
countries and localities visited, a description of attendees of any
official meetings or events, and the goals, outcomes, and followup
expected from the trip. However, attendance at formal conferences
may be described in more general detail, including dates, location,
types of groups represented in the audience, and general topics
covered during the course of the conference.

(2) Except as provided in paragraphs (3) and (4), state employees
who do not work within an agency structure shall report the
information as described in paragraph (1) to the Governor’s office.

(3) Legislative employees shall provide the information as
described in paragraph (1) to their respective Committee on Rules.

(4) State employees working under the jurisdiction of a
constitutional officer shall provide the information as described
in paragraph (1) to the constitutional officer to whom they report.

(5) Except as provided in paragraphs (3) and (4), state employees
who undertake official state business that could impact California
international trade or investment shall also provide a copy of the
memorandum to the Director of the Governor’s Office of Business
and Economic Development.

(b) Travel out of the country on official state business when the
Governor, a Member of the Legislature, or a constitutional officer,
or all of these persons, is present, is exempt from the requirements
of subdivision (a).

begin delete SEC. 366. end delete
begin insert SEC. 323. end insert   

Section 30.5 is added to the Harbors and Navigation
Code, to read:

30.5.  

Whenever the term “Business, Transportation and
Housing Agency” appears within the Harbors and Navigation
Code, it shall refer to the Transportation Agency, and whenever
the term “Secretary of Business, Transportation and Housing”
appears within the Harbors and Navigation Code, it shall refer to
the Secretary of Transportation.

begin delete SEC. 367. end delete
begin insert SEC. 324. end insert   

Section 31 of the Harbors and Navigation Code is
repealed.

begin delete SEC. 368. end delete
begin insert SEC. 325. end insert   

Section 32 of the Harbors and Navigation Code is
amended to read:

32.  

“Department” or “Division” means the Division of Boating
and Waterways in the Department of Parks and Recreation.

begin delete SEC. 369. end delete
begin insert SEC. 326. end insert   

Section 33 of the Harbors and Navigation Code is
amended to read:

33.  

“Director” or “deputy director” means the Deputy Director
of Boating and Waterways.

begin delete SEC. 370. end delete
begin insert SEC. 327. end insert   

Section 50 of the Harbors and Navigation Code is
amended to read:

50.  

(a) The Department of Harbors and Watercraft and its
successor, the Department of Navigation and Ocean Development,
and the Department of Boating and Waterways are continued in
existence in the Department of Parks and Recreation as the Division
of Boating and Waterways. The Division of Boating and
Waterways is the successor to, and is vested with, the powers,
functions, and jurisdiction of the following state departments and
agencies as hereinafter specified:

(1) All of the powers, functions, and jurisdiction previously
vested in the Division of Small Craft Harbors of the Department
of Parks and Recreation.

(2) All of the powers, functions, and jurisdiction of the State
Lands Commission with respect to the acquisition, construction,
development, improvement, maintenance, and operation of small
craft harbors.

(3) All of the powers, functions, and jurisdiction of the
Department of Parks and Recreation with respect to boating facility
planning, design, and construction, except as specifically provided
with respect to boating trails in the California Recreational Trails
Act (commencing with Section 5070 of the Public Resources Code)
and in Article 2.6 (commencing with Section 68) of this chapter.

(4) All of the powers, functions, and jurisdiction of the Office
of Architecture and Construction in the Department of General
Services with respect to boating facility planning and design.

(5) All of the powers, functions, and jurisdiction of the
Department of Water Resources with respect to beach erosion
control.

(6) All of the policymaking and regulatory powers, functions,
and jurisdiction of the Harbors and Watercraft Commission as to
matters within the jurisdiction of the department.

(b) Regulations adopted by the former Department of Boating
and Waterways shall remain in effect until revised or repealed by
the Division of Boating and Waterways.

begin delete SEC. 371. end delete
begin insert SEC. 328. end insert   

Section 50.1 of the Harbors and Navigation Code
is amended to read:

50.1.  

(a) Whenever the term “Division of Small Craft Harbors”
or the term “Small Craft Harbors Commission” or the term
“Department of Boating and Waterways” is used in any provision
of law, it shall be construed as referring to the Division of Boating
and Waterways.

(b) Whenever, by any statute now in force or that may be
hereafter enacted, any power, function, or jurisdiction, as specified
in Section 50, is imposed or conferred upon the State Lands
Commission, the Department of Parks and Recreation, the Office
of Architecture and Construction in the Department of General
Services, or the Department of Water Resources, such power,
function, or jurisdiction shall be deemed to be imposed or conferred
upon the Division of Boating and Waterways.

(c) This section and this code do not divest the State Lands
Commission of jurisdiction with respect to the leasing of state
lands, including state lands used for small craft harbors, swamps
and overflowed lands, or tide and submerged lands, for the
extraction and removal of oil and gas and other minerals.

begin delete SEC. 372. end delete
begin insert SEC. 329. end insert   

Section 50.2 of the Harbors and Navigation Code
is amended to read:

50.2.  

The division shall be administered by an executive officer
known as the Deputy Director of Boating and Waterways. Any
reference to the Director of Boating and Waterways shall be
deemed to refer to the Deputy Director of Boating and Waterways.
The deputy director shall be appointed by and hold office at the
pleasure of the Governor and shall receive the salary provided for
by Chapter 6 (commencing with Section 11550) of Part 1 of
Division 3 of Title 2 of the Government Code. The appointment
of any deputy director appointed by the Governor shall be subject
to confirmation by the Senate.

begin delete SEC. 373. end delete
begin insert SEC. 330. end insert   

Section 65.4 of the Harbors and Navigation Code
is repealed.

begin delete SEC. 374. end delete
begin insert SEC. 331. end insert   

Section 81.8 of the Harbors and Navigation Code,
as added by Section 2 of Chapter 136 of the Statutes of 2012, is
amended to read:

81.8.  

The deputy director shall act as the secretary of the
commission.

begin delete SEC. 375. end delete
begin insert SEC. 332. end insert   

Section 85.2 of the Harbors and Navigation Code
is amended to read:

85.2.  

(a) All moneys in the Harbors and Watercraft Revolving
Fund are available, upon appropriation by the Legislature, for
expenditure by the Department of Parks and Recreation for boating
facilities development, boating safety, and boating regulation
programs, and for the purposes of Section 656.4, including refunds,
and for expenditure for construction of small craft harbor and
boating facilities planned, designed, and constructed by the
division, as specified in subdivision (c) of Section 50, at sites
owned or under the control of the state.

(b) (1) The money in the fund is also available, upon
appropriation by the Legislature, for the operation and maintenance
of units of the state park system that have boating-related activities.
Funds appropriated may also be used for boating safety and
enforcement programs.

(2) The Department of Parks and Recreation shall submit to the
Legislature, on or before January 1 of each year, a report describing
the allocation and expenditure of funds made available to the
Department of Parks and Recreation from the Harbors and
Watercraft Revolving Fund and from the Motor Vehicle Fuel
Account in the Transportation Tax Fund attributable to taxes
imposed on the distribution of motor vehicle fuel used or usable
in propelling vessels during the previous fiscal year. The report
shall list the special project or use, project location, amount of
money allocated or expended, the source of funds allocated or
expended, and the relation of the project or use to boating activities.

(c) The money in the fund shall also be available, upon
appropriation by the Legislature, to the State Water Resources
Control Board for boating-related water quality regulatory
activities.

(d) The money in the fund is also available, upon appropriation
by the Legislature, to the Department of Fish and Game for
activities addressing the boating-related spread of invasive species.

(e) The money in the fund is also available, upon appropriation
by the Legislature, to the Department of Food and Agriculture for
activities addressing the boating-related spread of invasive species.

begin delete SEC. 376. end delete
begin insert SEC. 333. end insert   

Section 1150 of the Harbors and Navigation Code
is amended to read:

1150.  

(a) There is in the Transportation Agency a Board of
Pilot Commissioners for the Bays of San Francisco, San Pablo,
and Suisun, consisting of seven members appointed by the
Governor, with the consent of the Senate, as follows:

(1) Two members shall be pilots licensed pursuant to this
division.

(2) Two members shall represent the industry and shall be
persons currently engaged as owners, officers, directors, employees,
or representatives of a firm or association of firms that is a
substantial user of pilotage service in the Bay of San Francisco,
San Pablo, Suisun, or Monterey, one of whom shall be engaged
in the field of tanker company operations, and one of whom shall
be engaged in dry cargo operations. The board of directors of a
regional maritime trade association controlled by West Coast vessel
operators that specifically represents the owners and operators of
vessels or barges engaged in transportation by water of cargo or
passengers from or to the Pacific area of the United States shall
nominate, rank, and submit to the Governor the names of three
persons for each category of industry member to be appointed.

(3) Three members shall be public members. Any person may
serve as a public member unless otherwise prohibited by law,
except that during his or her term of office or within the two years
preceding his or her appointment, a public member appointed shall
not have (A) any financial or proprietary interest in the ownership,
operation, or management of tugs, cargo, or passenger vessels, (B)
sailed under the authority of a federal or state pilot license in waters
under the jurisdiction of the board, (C) been employed by a
company that is a substantial user of pilot services, or (D) been a
consultant or other person providing professional services who
had received more than 20 percent in the aggregate of his or her
income from a company that is a substantial user of pilot services
or an association of companies that are substantial users of pilot
services. Ownership of less than one-tenth of 1 percent of the stock
of a publicly traded corporation is not a financial or proprietary
interest in the ownership of tugs, cargo, or passenger vessels.

(4) Notwithstanding any other provision of law, this chapter
does not prohibit the Governor from notifying the nominating
authority identified in paragraph (2) that persons nominated are
unacceptable for appointment. Following that notification, the
nominating authority shall submit a new list of nominees to the
Governor, naming three persons, none of whom were previously
nominated, from which the Governor may make the appointment.
This process shall be continued until a person nominated by the
nominating authority and satisfactory to the Governor has been
appointed.

(b) Members appointed pursuant to subdivision (a) shall be
appointed with staggered terms as follows:

(1) Each of the members appointed pursuant to paragraphs (1)
and (2) of subdivision (a) shall be appointed for a four-year term,
except that the first member appointed after December 31, 2012,
to an initial term pursuant to paragraph (1) of subdivision (a) shall
be appointed to a term expiring on December 31, 2014, and the
first member appointed after December 31, 2012, to an initial term
pursuant to paragraph (2) of subdivision (a) shall be appointed to
a term expiring on December 31, 2014.

(2) Members appointed pursuant to paragraph (3) of subdivision
(a) shall be appointed with staggered four-year terms with the
initial four-year terms expiring on December 31 of the years 1988,
1990, and 1991, respectively.

(3) A person shall not be appointed for more than two terms.

(4) Vacancies on the board for both expired and unexpired terms
shall be filled by the appointing power in the manner prescribed
by subdivision (a).

(c) A quorum of the board members consists of four members.
All actions of the board shall require the vote of four members, a
quorum being present.

(d) The Secretary of Transportation shall serve as an ex officio
member of the board who, without vote, may exercise all other
privileges of a member of the board.

begin delete SEC. 377. end delete
begin insert SEC. 334. end insert   

Section 1596.867 of the Health and Safety Code is
amended to read:

1596.867.  

(a) All child day care facilities, as defined in Section
1596.750, shall include an Earthquake Preparedness Checklist as
an attachment to the disaster plan prescribed by Section 1596.95
or 1597.54. However, the Earthquake Preparedness Checklist shall
not be considered a requirement for obtaining or maintaining a
license for a child day care center or family day care home. The
Earthquake Preparedness Checklist shall be made accessible to
the public at the child day care center, or family day care home.
The licensing agency shall not monitor or be responsible for
enforcing any provision contained in the Earthquake Preparedness
Checklist or ensuring that the checklist is made accessible to the
public.

(b) The Earthquake Preparedness Checklist shall not exceed
two typewritten pages and the department may add to or delete
from the list, as it deems appropriate. The checklist may include,
but not be limited to, all of the procedures that are listed in the
following proposed Earthquake Preparedness Checklist. A licensee
of a child day care center or family day care home shall have the
option of selecting from the checklist the procedures, if any, the
licensee chooses to use in the child day care center or family day
care home.

 

Earthquake Preparedness Checklist (EPC)*
Eliminate potential hazards in classrooms and throughout the  site:
	Bolt bookcases in high traffic areas securely to wall studs
	Move heavy books and items from high to low shelves
	Secure and latch filing cabinets
	Secure cabinets in high traffic areas with child safety latches
	Secure aquariums, computers, typewriters, TV-VCR equipment to surfaces, such as by using Velcro tabs
	Make provisions for securing rolling portable items such as TV-VCRs, pianos, refrigerators
	Move children’s activities and play areas away from windows, or protect windows with blinds or adhesive plastic sheeting
	Secure water heater to wall using plumber’s tape
	Assess and determine possible escape routes
Establish a coordinated response plan involving all of the following:
Involving children:
	Teach children about earthquakes and what to do (see resource list below)
	Practice “duck, cover, and hold” earthquake drills under tables or desks no less than 4 times a year
Involving parents:
	Post, or make available to parents, copies of the school earthquake safety plan (including procedures for reuniting parents or alternate guardians with children, location of planned evacuation site, method for leaving messages and communicating)
	Enlist parent and community resource assistance in securing emergency supplies or safeguarding the child day care site:
		store a 3-day supply of nonperishable food (including juice, canned food items, snacks, and infant formula)
		store a 3-day supply of water and juice
		store food and water in an accessible location, such as portable plastic storage containers
		store other emergency supplies such as flashlights, a radio with extra batteries, heavy gloves, trash bags, and tools
		maintain a complete, up-to-date listing of children, emergency numbers, and contact people for each classroom stored with emergency supplies
Involving child day care personnel and local emergency  agencies:
	Identify and assign individual responsibilities for staff following an earthquake (including accounting for and evacuating children, injury control, damage assessment)
	Involve and train all staff members about the earthquake safety plan, including location and procedure for turning off utilities and gas
	Contact nearby agencies (including police, fire, Red Cross, and local government) for information and materials in developing the child day care center earthquake safety plan
*For more free resources contact:
(1)  Federal Emergency Management Agency (FEMA)  (2)  Office of Emergency Services  (3)  Red Cross

 

(c) Nothing in this section shall be construed to prevent the
adoption or enforcement of earthquake safety standards for child
day care facilities by local ordinance.

(d) Nothing in this section shall be construed to prevent the
department from adopting or enforcing regulations on earthquake
safety or making earthquake safety drills mandatory.

begin delete SEC. 378. end delete
begin insert SEC. 335. end insert   

Section 1797.132 of the Health and Safety Code is
amended to read:

1797.132.  

An Interdepartmental Committee on Emergency
Medical Services is hereby established. This committee shall advise
the authority on the coordination and integration of all state
activities concerning emergency medical services. The committee
shall include a representative from each of the following state
agencies and departments: the Office of Emergency Services, the
Department of the California Highway Patrol, the Department of
Motor Vehicles, a representative of the administrator of the
California Traffic Safety Program as provided by Chapter 5
(commencing with Section 2900) of Division 2 of the Vehicle
Code, the Medical Board of California, the State Department of
Public Health, the Board of Registered Nursing, the State
Department of Education, the National Guard, the Office of
Statewide Health Planning and Development, the State Fire
Marshal, the California Conference of Local Health Officers, the
Department of Forestry and Fire Protection, the Chancellor’s Office
of the California Community Colleges, and the Department of
General Services.

begin delete SEC. 379. end delete
begin insert SEC. 336. end insert   

Section 1797.150 of the Health and Safety Code is
amended to read:

1797.150.  

In cooperation with the Office of Emergency
Services, the authority shall respond to any medical disaster by
mobilizing and coordinating emergency medical services mutual
aid resources to mitigate health problems.

begin delete SEC. 380. end delete
begin insert SEC. 337. end insert   

Section 1797.151 of the Health and Safety Code is
amended to read:

1797.151.  

The authority shall coordinate, through local EMS
agencies, medical and hospital disaster preparedness with other
local, state, and federal agencies and departments having a
responsibility relating to disaster response, and shall assist the
Office of Emergency Services in the preparation of the emergency
medical services component of the State Emergency Plan as
defined in Section 8560 of the Government Code.

begin delete SEC. 381. end delete
begin insert SEC. 338. end insert   

Section 1797.152 of the Health and Safety Code is
amended to read:

1797.152.  

(a) The director and the State Public Health Officer
may jointly appoint a regional disaster medical and health
coordinator for each mutual aid region of the state. A regional
disaster medical and health coordinator shall be either a county
health officer, a county coordinator of emergency services, an
administrator of a local EMS agency, or a medical director of a
local EMS agency. Appointees shall be chosen from among persons
nominated by a majority vote of the local health officers in a mutual
aid region.

(b) In the event of a major disaster which results in a
proclamation of emergency by the Governor, and in the need to
deliver medical or public and environmental health mutual aid to
the area affected by the disaster, at the request of the authority, the
State Department of Public Health, or the Office of Emergency
Services, a regional disaster medical and health coordinator in a
region unaffected by the disaster may coordinate the acquisition
of requested mutual aid resources from the jurisdictions in the
region.

(c) A regional disaster medical and health coordinator may
develop plans for the provision of medical or public health mutual
aid among the counties in the region.

(d) No person may be required to serve as a regional disaster
medical and health coordinator. No state compensation shall be
paid for a regional disaster medical and health coordinator position,
except as determined appropriate by the state, if funds become
available.

begin delete SEC. 382. end delete
begin insert SEC. 339. end insert   

Section 1797.153 of the Health and Safety Code is
amended to read:

1797.153.  

(a) In each operational area the county health officer
and the local EMS agency administrator may act jointly as the
medical health operational area coordinator (MHOAC). If the
county health officer and the local EMS agency administrator are
unable to fulfill the duties of the MHOAC they may jointly appoint
another individual to fulfill these responsibilities. If an operational
area has a MHOAC, the MHOAC in cooperation with the county
office of emergency services, local public health department, the
local office of environmental health, the local department of mental
health, the local EMS agency, the local fire department, the
regional disaster and medical health coordinator (RDMHC), and
the regional office of the Office of Emergency Services, shall be
responsible for ensuring the development of a medical and health
disaster plan for the operational area. The medical and disaster
plans shall follow the Standard Emergency Management System
and National Incident Management System. The MHOAC shall
recommend to the operational area coordinator of the Office of
Emergency Services a medical and health disaster plan for the
provision of medical and health mutual aid within the operational
area.

(b) For purposes of this section, “operational area” has the same
meaning as that term is defined in subdivision (b) of Section 8559
of the Government Code.

(c) The medical and health disaster plan shall include
preparedness, response, recovery, and mitigation functions
consistent with the State Emergency Plan, as established under
Sections 8559 and 8560 of the Government Code, and, at a
minimum, the medical and health disaster plan, policy, and
procedures shall include all of the following:

(1) Assessment of immediate medical needs.

(2) Coordination of disaster medical and health resources.

(3) Coordination of patient distribution and medical evaluations.

(4) Coordination with inpatient and emergency care providers.

(5) Coordination of out-of-hospital medical care providers.

(6) Coordination and integration with fire agencies personnel,
resources, and emergency fire prehospital medical services.

(7) Coordination of providers of nonfire based prehospital
emergency medical services.

(8) Coordination of the establishment of temporary field
treatment sites.

(9) Health surveillance and epidemiological analyses of
community health status.

(10) Assurance of food safety.

(11) Management of exposure to hazardous agents.

(12) Provision or coordination of mental health services.

(13) Provision of medical and health public information
protective action recommendations.

(14) Provision or coordination of vector control services.

(15) Assurance of drinking water safety.

(16) Assurance of the safe management of liquid, solid, and
hazardous wastes.

(17) Investigation and control of communicable disease.

(d) In the event of a local, state, or federal declaration of
emergency, the MHOAC shall assist the agency operational area
coordinator in the coordination of medical and health disaster
resources within the operational area, and be the point of contact
in that operational area, for coordination with the RDMHC, the
agency, the regional office of the agency, the State Department of
Public Health, and the authority.

(e) Nothing in this section shall be construed to revoke or alter
the current authority for disaster management provided under either
of the following:

(1) The State Emergency Plan established pursuant to Section
8560 of the Government Code.

(2) The California standardized emergency management system
established pursuant to Section 8607 of the Government Code.

begin delete SEC. 383. end delete
begin insert SEC. 340. end insert   

Section 11998.1 of the Health and Safety Code is
amended to read:

11998.1.  

It is the intent of the Legislature that the following
long-term five-year goals be achieved:

(a) With regard to education and prevention of drug and alcohol
abuse programs, the following goals:

(1) Drug and alcohol abuse education has been included within
the mandatory curriculum in kindergarten and grades 1 to 12,
inclusive, in every public school in California.

(2) Basic training on how to recognize, and understand what to
do about, drug and alcohol abuse has been provided to
administrators and all teachers of kindergarten and grades 1 to 12,
inclusive.

(3) All school counselors and school nurses have received
comprehensive drug and alcohol abuse training.

(4) Each school district with kindergarten and grades 1 to 12,
inclusive, has appointed a drug and alcohol abuse advisory team
of school administrators, teachers, counselors, students, parents,
community representatives, and health care professionals, all of
whom have expertise in drug and alcohol abuse prevention. The
team coordinates with and receives consultation from the county
alcohol and drug program administrators.

(5) Every school board member has received basic drug and
alcohol abuse information.

(6) Each school district has a drug and alcohol abuse specialist
to assist the individual schools.

(7) Each school in grades 7 to 12, inclusive, has student peer
group drug and alcohol abuse programs.

(8) Every school district with kindergarten and grades 1 to 12,
inclusive, has updated written drug and alcohol abuse policies and
procedures including disciplinary procedures which will be given
to every school employee, every student, and every parent.

(9) The California State University and the University of
California have evaluated and, if feasible, established educational
programs and degrees in the area of drug and alcohol abuse.

(10) Every school district with kindergarten and grades 1 to 12,
inclusive, has an established parent teachers group with drug and
alcohol abuse prevention goals.

(11) Every school district has instituted a drug and alcohol abuse
education program for parents.

(12) Drug and alcohol abuse training has been imposed as a
condition for teacher credentialing and license renewal, and
knowledge on the issue is measured on the California Basic
Education Skills Test.

(13) Drug and alcohol abuse knowledge has been established
as a component on standardized competency tests as a requirement
for graduation.

(14) Every school district has established a parent support group.

(15) Every school district has instituted policies that address
the special needs of children who have been rehabilitated for drug
or alcohol abuse problems and who are reentering school. These
policies shall consider the loss of schooltime, the loss of academic
credits, and the sociological problems associated with drug and
alcohol abuse, its rehabilitation, and the educational delay it causes.

(16) The number of drug and alcohol abuse related incidents
on school grounds has decreased by 20 percent.

(b) With regard to community programs, the following goals:

(1) Every community-based social service organization that
receives state and local financial assistance has drug and alcohol
abuse information available for clients.

(2) All neighborhood watch, business watch, and community
conflict resolution programs have included drug and alcohol abuse
prevention efforts.

(3) All community-based programs that serve schoolaged
children have staff trained in drug and alcohol abuse and give a
clear, drug- and alcohol-free message.

(c) With regard to drug and alcohol abuse programs of the
media, the following goals:

(1) The state has established a comprehensive media campaign
that involves all facets of the drug and alcohol abuse problem,
including treatment, education, prevention, and intervention that
will result in increasing the public’s knowledge and awareness of
the detrimental effects of alcohol and drug use, reducing the use
of alcohol and drugs, and increasing healthy lifestyle choices.

(2) The department on a statewide basis, and the county board
of supervisors or its designees at the local level, have:

(A) Assisted the entertainment industry in identifying ways to
use the entertainment industry effectively to encourage lifestyles
free of substance abuse.

(B) Assisted the manufacturers of drug and alcohol products in
identifying ways to use product advertising effectively to
discourage substance abuse.

(C) Assisted television stations in identifying ways to use
television programming effectively to encourage lifestyles free of
substance abuse.

(3) A statewide cooperative fundraising program with recording
artists and the entertainment industry has been encouraged to fund
drug and alcohol abuse prevention efforts in the state.

(d) With regard to drug and alcohol abuse health care programs,
the following goals:

(1) The number of drug and alcohol abuse-related medical
emergencies has decreased by 4 percent per year.

(2) All general acute care hospitals and AIDS medical service
providers have provided information to their patients on drug and
alcohol abuse.

(3) The Medical Board of California, the Psychology Examining
Committee, the Board of Registered Nursing, and the Board of
Behavioral Science Examiners have developed and implemented
the guidelines or regulations requiring drug and alcohol abuse
training for their licensees, and have developed methods of
providing training for those professionals.

(e) With regard to private sector drug and alcohol abuse
programs, the following goals:

(1) A significant percentage of businesses in the private sector
have developed personnel policies that discourage drug and alcohol
abuse and encourage supervision, training, and employee education.

(2) Noteworthy and publicly recognized figures and private
industry have been encouraged to sponsor fundraising events for
drug and alcohol abuse prevention.

(3) Every public or private athletic team has been encouraged
to establish policies forbidding drug and alcohol abuse.

(4) The private sector has established personnel policies that
discourage drug and alcohol abuse but encourage treatment for
those employees who require this assistance.

(f) With regard to local government drug and alcohol abuse
programs, the following goals:

(1) Every county has a five-year master plan to eliminate drug
and alcohol abuse developed jointly by the county-designated
alcohol and drug program administrators, reviewed jointly by the
advisory boards set forth in paragraph (2), and approved by the
board of supervisors. For those counties in which the alcohol and
drug programs are jointly administered, the administrator shall
develop the five-year master plan. To the degree possible, all
existing local plans relating to drug or alcohol abuse shall be
incorporated into the master plan.

(2) Every county has an advisory board on alcohol problems
and an advisory board on drug programs. The membership of these
advisory boards is representative of the county’s population and
is geographically balanced. To the maximum extent possible, the
county advisory board on alcohol problems and the county advisory
board on drug programs will have representatives of the following:

(A) Law enforcement.

(B) Education.

(C) The treatment and recovery community, including a
representative with expertise in AIDS treatment services.

(D) Judiciary.

(E) Students.

(F) Parents.

(G) Private industry.

(H) Other community organizations involved in drug and alcohol
services.

(I) A representative of organized labor responsible for the
provision of Employee Assistance Program services.

If any of these areas is not represented on the advisory bodies,
the administrator designated in paragraph (1) shall solicit input
from a representative of the nonrepresented area prior to the
development of a master plan pursuant to paragraph (1).

(3) Every county public social service agency has established
policies that discourage drug and alcohol abuse and encourage
treatment and recovery services when necessary.

(4) Every local unit of government has an employee assistance
program that addresses drug and alcohol abuse problems.

(5) Every local unit of government has considered the potential
for drug and alcohol abuse problems when developing zoning
ordinances and issuing conditional use permits.

(6) Every county master plan includes treatment and recovery
services.

(6.5) Every county master plan includes specialized provisions
to ensure optimum alcohol and drug abuse service delivery for
handicapped and disabled persons.

(7) Every local unit of government has been encouraged to
establish an employee assistance program that includes the
treatment of drug and alcohol abuse-related programs.

(8) Every local governmental social service provider has
established a referral system under which clients with drug and
alcohol abuse problems can be referred for treatment.

(9) Every county drug and alcohol abuse treatment or recovery
program that serves women gives priority for services to pregnant
women.

(10) Every alcohol and drug abuse program provides AIDS
information to all program participants.

(g) With regard to state and federal government drug and alcohol
abuse programs, the following goals:

(1) The Department of Alcoholic Beverage Control has informed
all alcohol retailers of the laws governing liquor sales and has
provided training available to all personnel selling alcoholic
beverages, on identifying and handling minors attempting to
purchase alcohol.

(2) The Office of Emergency Services has required all applicants
for crime prevention and juvenile justice and delinquency
prevention funds to include drug and alcohol abuse prevention
efforts in their programs.

(3) All county applications for direct or indirect drug and alcohol
services funding from the department include a prevention
component.

(4) The Superintendent of Public Instruction has employed drug
and alcohol abuse school prevention specialists and assisted school
districts with the implementation of prevention programs.

(5) The State Department of Health Care Services has staff
trained in drug and alcohol abuse prevention who can assist local
mental health programs with prevention efforts.

(6) The Department of the California Highway Patrol, as
permitted by the United States Constitution, has established routine
statewide sobriety checkpoints for driving while under the
influence.

(7) The Department of Corrections and the Department of the
Youth Authority have provided drug and alcohol abuse education
and prevention services for all inmates, wards, and parolees. Both
departments have provided drug and alcohol abuse treatment
services for any inmate, ward, or parolee determined to be in need
of these services, or who personally requests these services.

(8) The Department of Motor Vehicles has distributed prevention
materials with each driver’s license or certificate of renewal and
each vehicle registration renewal mailed by the Department of
Motor Vehicles.

(9) Federal prevention programs have been encouraged to follow
the master plan.

(10) State licensing and program regulations for drug and
alcohol abuse treatment programs have been consolidated and
administered by one state agency.

(11) State treatment funding priorities have been included to
specially recognize the multiple diagnosed client who would be
eligible for services from more than one state agency.

(12) Every state agency has formalized employee assistance
programs that include the treatment of drug and alcohol
abuse-related problems.

(13) The state master plan includes specialized provisions to
ensure optimum drug and alcohol abuse service delivery for
handicapped and disabled persons.

(h) With regard to private sector direct service providers, the
following goals:

(1) Drinking drivers programs have provided clear
measurements of successful completion of the program to the
courts for each court-ordered client.

(2) Sufficient drug and alcohol treatment and recovery services
exist throughout the state to meet all clients’ immediate and
long-range needs.

(3) Each county to the extent possible provides localized alcohol
and drug treatment and recovery services designed for individuals
seeking assistance for polydrug abuse.

(4) Adequate nonresidential and residential services are available
statewide for juveniles in need of alcohol or drug abuse services.

(5) Each provider of alcohol or drug services has been certified
by the state.

(6) Drug and alcohol abuse treatment providers provide general
AIDS information during treatment.

(i) With regard to supply regulation and reduction in conjunction
with drug and alcohol abuse, the following goals:

(1) The California National Guard supports federal, state, and
local drug enforcement agencies in counternarcotic operations as
permitted by applicable laws and regulations.

(2) Each county has a drug and alcohol abuse enforcement team,
designated by the board of supervisors. This team includes all
components of the criminal justice system. This team shall be
responsible to the board of supervisors, shall coordinate with the
drug and alcohol abuse advisory board and the county on all
criminal justice matters relating to drug and alcohol abuse, and
shall coordinate, and actively participate, with the county alcohol
and drug program administrators throughout the development and
implementation of the five-year master plan.

(3) The Office of Emergency Services, the Youth and Adult
Correctional Agency, the Department of the California Highway
Patrol, the Office of Traffic Safety, and the Department of Justice
have established a state level drug and alcohol abuse enforcement
team that includes representatives from all facets of criminal
justice. The lead agency for the enforcement team has been
designated by the Governor. This team advises the state and assists
the local teams.

(4) The Office of Emergency Services, the Youth and Adult
Correctional Agency, and the Department of Justice have, as a
priority when determining training subjects, prevention seminars
on drug and alcohol abuse. The Commission on Peace Officer
Standards and Training has, as a priority, when determining
training subjects, drug and alcohol enforcement.

(5) The Department of the California Highway Patrol, as
permitted by the United States Constitution, will, in conjunction
with establishing sobriety checkpoints statewide, assist local law
enforcement agencies with the establishment of local programs.

(6) Counties with more than 10 superior court judgeships have
established programs under which drug cases receive swift
prosecution by well-trained prosecutors before judges who are
experienced in the handling of drug cases.

(7) The courts, when determining bail eligibility and the amount
of bail for persons suspected of a crime involving a controlled
substance, shall consider the quantity of the substance involved
when measuring the danger to society if the suspect is released.

(8) Drunk driving jails have been established that provide
offender education and treatment during incarceration.

(9) All probation and parole officers have received drug and
alcohol abuse training, including particular training on drug
recognition.

(10) All parolees and persons on probation with a criminal
history that involves drug or alcohol abuse have conditions of
parole or probation that prohibit drug and alcohol abuse.

(11) The Judicial Council has provided training on drug and
alcohol abuse for the judges.

(12) The courts, when sentencing offenders convicted of selling
drugs, consider “street value” of the drugs involved in the
underlying crime.

(13) Judges have been encouraged to include drug and alcohol
abuse treatment and prevention services in sentences for all
offenders. Judges are requiring, as a condition of sentencing, drug
and alcohol abuse education and treatment services for all persons
convicted of driving under the influence of alcohol or drugs.

(14) Juvenile halls and jails provide clients with information on
drug and alcohol abuse.

(15) The estimated number of clandestine labs operating in
California has decreased by 10 percent per year.

(16) Each local law enforcement agency has developed, with
the schools, protocol on responding to school drug and alcohol
abuse problems.

(17) Every county has instituted a mandatory
driving-under-the-influence presentence offender evaluation
program.

begin delete SEC. 384. end delete
begin insert SEC. 341. end insert   

Section 13071 of the Health and Safety Code is
amended to read:

13071.  

The Office of Emergency Services shall establish and
administer a program, which shall be denominated the FIRESCOPE
Program (FIrefighting RESources of California Organized for
Potential Emergencies), to maintain and enhance the efficiency
and effectiveness of managing multiagency firefighting resources
in responding to an incident. The program shall be based on the
concepts and components developed or under development by the
Firescope project chartered by the United States Congress in 1972.
The program shall provide for the research, development, and
implementation of technologies, facilities, and procedures to assist
state and local fire agencies in the better utilization and
coordination of firefighting resources in responding to incidents.

begin delete SEC. 385. end delete
begin insert SEC. 342. end insert   

Section 13073 of the Health and Safety Code is
amended to read:

13073.  

The Office of Emergency Services shall carry out this
chapter in cooperation with the Department of Forestry and Fire
Protection, including the Office of the State Fire Marshal, and with
the advice of the Fire and Rescue Service Advisory
Committee/FIRESCOPE Board of Directors within the Office of
Emergency Services.

begin delete SEC. 386. end delete
begin insert SEC. 343. end insert   

Section 13140.5 of the Health and Safety Code is
amended to read:

13140.5.  

The board shall be composed of the following voting
members: the State Fire Marshal, the Chief Deputy Director of the
Department of Forestry and Fire Protection who is not the State
Fire Marshal, the Director of Emergency Services, the Chairperson
of the California Fire Fighter Joint Apprenticeship Program, one
representative of the insurance industry, one volunteer firefighter,
three fire chiefs, five fire service labor representatives, one
representative from city government, one representative from a
fire district, and one representative from county government.

The following members shall be appointed by the Governor:
one representative of the insurance industry, one volunteer
firefighter, three fire chiefs, five fire service labor representatives,
one representative from city government, one representative from
a fire district, and one representative from county government.
Each member appointed shall be a resident of this state. The
volunteer firefighter shall be selected from a list of names
submitted by the California State Firefighters Association. One
fire chief shall be selected from a list of names submitted by the
California Fire Chiefs’ Association; one fire chief shall be selected
from a list of names submitted by the Fire Districts Association
of California; and one fire chief shall be selected from a list of
names submitted by the California Metropolitan Fire Chiefs. One
fire service labor representative shall be selected from a list of
names submitted by the California Labor Federation; one fire
service labor representative shall be selected from a list of names
submitted by the California Professional Firefighters; one fire
service labor representative shall be selected from a list of names
submitted by the International Association of Fire Fighters; one
fire service labor representative shall be selected from a list of
names submitted by the California Department of Forestry
Firefighters; and one fire service labor representative shall be
selected from a list of names submitted by the California State
Firefighters Association. The city government representative shall
be selected from elected or appointed city chief administrative
officers or elected city mayors or council members. The fire district
representative shall be selected from elected or appointed directors
of fire districts. The county government representative shall be
selected from elected or appointed county chief administrative
officers or elected county supervisors. The appointed members
shall be appointed for a term of four years. Any member chosen
by the Governor to fill a vacancy created other than by expiration
of a term shall be appointed for the unexpired term of the member
he or she is to succeed.

begin delete SEC. 387. end delete
begin insert SEC. 344. end insert   

Section 13143.9 of the Health and Safety Code is
amended to read:

13143.9.  

(a) The State Fire Marshal shall, in carrying out
Section 13143, prepare, adopt, and submit building standards and
other fire and life safety regulations for approval pursuant to
Chapter 4 (commencing with Section 18935) of Part 2.5 of Division
13 establishing minimum requirements for the storage, handling,
and use of hazardous materials, as defined, in Article 9 of the 1988
Uniform Fire Code, and any subsequent editions, published by the
Western Fire Chiefs Association and the International Conference
of Building Officials. The State Fire Marshal shall seek the advice
of the Office of Emergency Services in establishing these
requirements. This section does not prohibit a city, county, or
district from adopting an ordinance, resolution, or regulation
imposing stricter or more stringent requirements than a standard
adopted pursuant to this section.

(b) A business which files the annual inventory form in
compliance with Chapter 6.95 (commencing with Section 25500)
of Division 20, including the addendum adopted pursuant to
Section 25503.9, shall be deemed to have met the requirements of
subdivision (c) of Section 80.103 of the Uniform Fire Code, as
adopted by the State Fire Marshal pursuant to this section.

(c) A business which is not required to file a hazardous materials
inventory form pursuant to Section 25509 but which is required
by the local fire chief to comply with subdivision (c) of Section
80.103 of the Uniform Fire Code, as adopted by the State Fire
Marshal pursuant to this section, shall, notwithstanding Chapter
6.95 (commencing with Section 25500) of Division 20, file the
inventory form adopted pursuant to Section 25503.3 and the
addendum adopted pursuant to Section 25503.9 with the local fire
chief for purposes of complying with this requirement, if
determined to be necessary by the fire chief.

begin delete SEC. 388. end delete
begin insert SEC. 345. end insert   

Section 18603 of the Health and Safety Code is
amended to read:

18603.  

(a) In every park there shall be a person available by
telephonic or like means, including telephones, cellular phones,
telephone answering machines, answering services or pagers, or
in person who shall be responsible for, and who shall reasonably
respond in a timely manner to emergencies concerning, the
operation and maintenance of the park. In every park with 50 or
more units, that person or his or her designee shall reside in the
park, have knowledge of emergency procedures relative to utility
systems and common facilities under the ownership and control
of the owner of the park, and shall be familiar with the emergency
preparedness plans for the park.

(b) (1) On or before September 1, 2010, an owner or operator
of an existing park shall adopt an emergency preparedness plan.

(2) For a park constructed after September 1, 2010, an owner
or operator of a park shall adopt a plan in accordance with this
section prior to the issuance of the permit to operate.

(3) An owner or operator may comply with paragraph (1) by
either of the following methods:

(A) Adopting the emergency procedures and plans approved
by the Standardized Emergency Management System Advisory
Board on November 21, 1997, entitled “Emergency Plans for
Mobilehome Parks,” and compiled by the Office of Emergency
Services in compliance with the Governor’s Executive Order
W-156-97, or any subsequent version.

(B) Adopting a plan that is developed by the park management
and is comparable to the procedures and plans specified in
subparagraph (A).

(c) For an existing park, and in the case of a park constructed
after September 10, 2010, prior to the issuance of the permit to
operate, an owner or operator of a park shall do both of the
following:

(1) Post notice of the emergency preparedness plan in the park
clubhouse or in another conspicuous area within the mobilehome
park.

(2) On or before September 10, 2010, provide notice of how to
access the plan and information on individual emergency
preparedness information from the appropriate state or local
agencies, including, but not limited to, the Office of Emergency
Services, to all existing residents and, upon approval of tenancy,
for all new residents thereafter. This may be accomplished in a
manner that includes, but is not limited to, distribution of materials
and posting notice of the plan or information on how to access the
plan via the Internet.

(d) An enforcement agency shall determine whether park
management is in compliance with this section. The agency may
ascertain compliance by receipt of a copy of the plan during site
inspections conducted in response to complaints of alleged
violations, or for any other reason.

(e) Notwithstanding any other provision of this part, a violation
of this section shall constitute an unreasonable risk to life, health,
or safety and shall be corrected by park management within 60
days of notice of the violation.

begin delete SEC. 389. end delete
begin insert SEC. 346. end insert   

Section 18901 of the Health and Safety Code is
amended to read:

18901.  

(a)  This part shall be known and may be cited as the
California Building Standards Law.

(b)  The California Building Standards Commission shall
continue within the Department of General Services.

begin delete SEC. 390. end delete
begin insert SEC. 347. end insert   

Section 18917.5 of the Health and Safety Code is
amended to read:

18917.5.  

“Secretary” means the Secretary of Government
Operations.

begin delete SEC. 391. end delete
begin insert SEC. 348. end insert   

Section 18920 of the Health and Safety Code is
amended to read:

18920.  

There is continued in existence in the Government
Operations Agency a California Building Standards Commission
consisting of the Secretary of Government Operations and 10
members appointed by the Governor subject to confirmation by
the Senate.

begin delete SEC. 392. end delete
begin insert SEC. 349. end insert   

Section 18922 of the Health and Safety Code is
amended to read:

18922.  

The Secretary of Government Operations or the
secretary’s representative shall serve as the chair of the
commission. The commission shall elect a vice chair annually
from among its members.

begin delete SEC. 393. end delete
begin insert SEC. 350. end insert   

Section 25169.7 of the Health and Safety Code is
amended to read:

25169.7.  

Except as specified otherwise in subdivision (b), on
and after July 1, 2003, all of the following requirements, including
any regulations adopted by the department pursuant to Section
25169.8, shall apply to any person handling any hazardous waste
of concern:

(a) (1) If a hazardous waste transporter or the owner or operator
of a hazardous waste facility discovers that a hazardous waste of
concern is missing during transportation or storage, and the amount
of waste missing equals or exceeds the reportable quantity specified
in the regulations adopted pursuant to Section 25169.6, the
hazardous waste transporter or the owner or operator shall
immediately, as specified in the regulations adopted by the
department, provide a verbal notification to the department and
report the discrepancy to the department in writing by letter within
five days after the discovery. The transporter or the owner or
operator shall also comply with the applicable manifest discrepancy
reporting requirements specified in the regulations adopted by the
department pursuant to this chapter.

(2) Within 24 hours after receiving a notification of a missing
hazardous waste of concern pursuant to paragraph (1), the
department shall make a preliminary determination whether there
is a potential risk to public safety. If, after making that preliminary
determination, or at any time thereafter, the department determines
the missing hazardous waste of concern presents a significant
potential risk to public safety from its use in a terrorist or other
criminal act, the department shall notify the Office of Emergency
Services and the Department of the California Highway Patrol.

(3)  The Department of the California Highway Patrol may enter
and inspect any hazardous waste facility at the department’s request
to perform an investigation of any hazardous waste that the
department determines may be missing.

(b) (1) Notwithstanding Section 25200.4, any person applying
for a hazardous waste facilities permit or other grant of
authorization to use and operate a hazardous waste facility that
would handle hazardous waste of concern shall submit to the
department a disclosure statement containing the information
specified in Section 25112.5.

(2) On or before January 1, 2004, and at any time upon the
request of the department, any person owning or operating a
hazardous waste facility that handles any hazardous waste of
concern shall submit to the department a disclosure statement
containing the information specified in Section 25112.5.

(3) (A) Except as provided in subparagraph (B), on and after
January 1, 2004, any person applying for registration as a hazardous
waste transporter who will transport hazardous waste of concern
shall submit to the department a disclosure statement containing
the information specified in Section 25112.5.

(B) Subparagraph (A) does not apply to a transporter who has
submitted a disclosure statement to the department within the
two-year period immediately preceding the application for
registration, unless there has been a change in the information
required to be contained in the disclosure statement or the
department requests the transporter to submit a disclosure
statement.

(4) At any time upon the request of the department, any
registered hazardous waste transporter who transports any
hazardous waste of concern shall submit to the department a
disclosure statement containing the information specified in Section
25112.5.

(5) Whenever any change pertaining to the information required
to be contained in a disclosure statement filed pursuant to
paragraphs (1) to (4), inclusive, occurs after the date of the filing
of the disclosure statement, the transporter or the facility owner
or operator shall provide the updated information in writing to the
department within 30 days of the change.

(6) On or before 180 days after receiving a disclosure statement
pursuant to this subdivision, the department shall conduct a
background check, as defined in subdivision (a) of Section 25169.5.

(7) This subdivision does not apply to any federal, state, or local
agency or any person operating pursuant to a permit-by-rule,
conditional authorization, or conditional exemption.

begin delete SEC. 394. end delete
begin insert SEC. 351. end insert   

Section 25197.2 of the Health and Safety Code is
amended to read:

25197.2.  

(a) The department shall establish a statewide
Hazardous Waste Strike Force which shall consist of a
representative from each of the following agencies:

(1) The Department of Transportation.

(2) The Department of Industrial Relations.

(3) The Department of Food and Agriculture.

(4) The State Water Resources Control Board.

(5) The State Air Resources Board.

(6) The Department of the California Highway Patrol.

(7) The Office of the State Fire Marshal in the Department of
Forestry and Fire Protection.

(8) The California Integrated Waste Management Board.

(9) The Department of Fish and Game.

(10) The Office of Emergency Services.

(11) The Department of Toxic Substances Control.

(12) The Attorney General.

(13) The Department of Pesticide Regulation.

(b) The director, or the director’s designee, shall direct and
coordinate the activities of the Hazardous Waste Strike Force.

(c) The Hazardous Waste Strike Force shall do all of the
following:

(1) Recommend standardized programs among the agencies
represented on the Hazardous Waste Strike Force for the purposes
of uniformly enforcing state hazardous waste statutes and
regulations and reporting violators of these statutes and regulations.

(2) Recommend programs to publicize and improve the
statewide telephone number established pursuant to paragraph (5)
of subdivision (b) of Section 25197.1.

(3) Recommend local and regional programs to report
information concerning violations of this chapter and any other
hazardous waste statutes and regulations.

begin delete SEC. 395. end delete
begin insert SEC. 352. end insert   

Section 25210.6 of the Health and Safety Code is
amended to read:

25210.6.  

(a) On or before December 31, 2005, the department
shall adopt regulations specifying the best management practices
for a person managing perchlorate materials. These practices may
include, but are not limited to, all of the following:

(1) Procedures for documenting the amount of perchlorate
materials managed by the facility.

(2) Management practices necessary to prevent releases of
perchlorate materials, including, but not limited to, containment
standards, usage, processing and transferring practices, and spill
response procedures.

(b) (1) The department shall consult with the State Air
Resources Board, the Office of Environmental Health Hazard
Assessment, the State Water Resources Control Board, the Office
of Emergency Services, the State Fire Marshal, and the California
certified unified program agencies forum before adopting
regulations pursuant to subdivision (a).

(2) The department shall also, before adopting regulations
pursuant to subdivision (a), review existing federal, state, and local
laws governing the management of perchlorate materials to
determine the degree to which uniform and adequate requirements
already exist, so as to avoid any unnecessary duplication of, or
interference with the application of, those existing requirements.

(3) In adopting regulations pursuant to subdivision (a), the
department shall ensure that those regulations are at least as
stringent as, and to the extent practical consistent with, the existing
requirements of Chapter 6.95 (commencing with Section 25500)
and the California Fire Code governing the management of
perchlorate materials.

(c) The regulations adopted by the department pursuant to this
section shall be adopted as 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, and for the purposes
of that chapter, including Section 11349.6 of the Government
Code, 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 and
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, including subdivision (e) of Section
11346.1 of the Government Code, any emergency regulations
adopted pursuant to this section shall be filed with, but not be
repealed by, the Office of Administrative Law and shall remain
in effect until revised by the department.

(d) The department may implement an outreach effort to educate
persons who manage perchlorate materials concerning the
regulations promulgated pursuant to subdivision (a).

begin delete SEC. 396. end delete
begin insert SEC. 353. end insert   

Section 25270.8 of the Health and Safety Code is
amended to read:

25270.8.  

Each owner or operator of a tank facility shall
immediately, upon discovery, notify the Office of Emergency
Services and the UPA using the appropriate 24-hour emergency
number or the 911 number, as established by the UPA, or by the
governing body of the UPA, of the occurrence of a spill or other
release of one barrel (42 gallons) or more of petroleum that is
required to be reported pursuant to subdivision (a) of Section 13272
of the Water Code.

begin delete SEC. 397. end delete
begin insert SEC. 354. end insert   

Section 25299.1 of the Health and Safety Code is
amended to read:

25299.1.  

(a) Any city or county which prior to January 1, 1984,
adopted an ordinance which, at a minimum, met the requirements
set forth in Sections 25284 and 25284.1, as they read on January
1, 1984, prior to being amended and renumbered, providing for
double containment, and monitoring of underground storage tanks
which was exempt from this chapter as of December 31, 1989, is
not exempt from implementing this chapter and shall implement
this chapter on or before January 1, 1991.

(b) Until a city or county specified in subdivision (a) implements
this chapter, the city or the county shall, at a minimum, do all of
the following:

(1) Submit to the board the application form and annual
information specified by Section 25286 and submit a written report
of any unauthorized release from an underground storage tank to
the Office of Emergency Services within 10 working days from
the time the local agency is notified of the unauthorized release.

(2) Collect and transmit to the board the surcharge specified in
subdivision (b) of Section 25287.

(3) Issue permits for the operation of an underground storage
tank, which, at a minimum, ensure compliance with any applicable
requirement of the federal act and any applicable regulation adopted
by the board pursuant to Section 25299.3 which the board
determines is necessary to ensure consistency with the federal act.

(c) A permit issued on or after January 1, 1991, by a city or
county specified in subdivision (a) shall require compliance with
all applicable requirements of this chapter and with the regulations
adopted by the board pursuant to Section 25299.3.

(d) This chapter does not limit or abridge the authority of any
city or county to adopt an ordinance requiring information,
conducting investigations, inspections, or implementing and
enforcing this chapter.

begin delete SEC. 398. end delete
begin insert SEC. 355. end insert   

Section 25359.4 of the Health and Safety Code is
amended to read:

25359.4.  

(a) A person shall not release, or allow or cause a
release of, a reportable quantity of a hazardous substance into the
environment that is not authorized or permitted pursuant to state
law.

(b) Any release of a reportable quantity of hazardous substance
shall be reported to the department in writing within 30 days of
discovery, unless any of the following apply:

(1) The release is permitted or in the permit process.

(2) The release is authorized by state law.

(3) The release requires immediate reporting to the Office of
Emergency Services pursuant to Section 11002 or 11004 of Title
42 of the United States Code, or pursuant to Section 25507.

(4) The release has previously been reported to the department
or the Office of Emergency Services.

(5) The release occurred prior to January 1, 1994.

(c) For the purposes of this section, “reportable quantity” means
either of the following:

(1) The quantity of a hazardous substance established in Part
302 (commencing with Section 302.1) of Title 40 of the Code of
Federal Regulations, the release of which requires notification
pursuant to that part.

(2) Any quantity of a hazardous substance that is not reportable
pursuant to paragraph (1), but that may pose a significant threat
to public health and safety or to the environment. The department
may establish guidelines for determining which releases are
reportable under this paragraph.

(d) The owner of property on which a reportable release has
occurred and any person who releases, or causes a reportable
release and who fails to make the written report required by
subdivision (b), shall be liable for a penalty not to exceed
twenty-five thousand dollars ($25,000) for each separate violation
and for each day that a violation continues. Each day on which the
released hazardous substance remains is a separate violation unless
the person has either filed the report or is in compliance with an
order issued by a local, state, or federal agency with regard to the
release.

(e) Liability under this section may be imposed in a civil action
or may be administratively imposed by the department pursuant
to Section 25359.3.

(f) If the violation of subdivision (b) results in, or significantly
contributes to, an emergency, including, but not limited to, a fire,
to which a county, city, or district is required to respond, the
responsible party may be assessed the full cost of the emergency
response by the city, county, or district.

begin delete SEC. 399. end delete
begin insert SEC. 356. end insert   

Section 25404.3 of the Health and Safety Code is
amended to read:

25404.3.  

(a) The secretary shall, within a reasonable time after
submission of a complete application for certification pursuant to
Section 25404.2, and regulations adopted pursuant to that section,
but not to exceed 180 days, review the application, and, after
holding a public hearing, determine if the application should be
approved. Before disapproving an application for certification, the
secretary shall submit to the applicant agency a notification of the
secretary’s intent to disapprove the application, in which the
secretary shall specify the reasons why the applicant agency does
not have the capability or the resources to fully implement and
enforce the unified program in a manner that is consistent with the
regulations implementing the unified program adopted by the
secretary pursuant to this chapter. The secretary shall provide the
applicant agency with a reasonable time to respond to the reasons
specified in the notification and to correct deficiencies in its
application. The applicant agency may request a second public
hearing, at which the secretary shall hear the applicant agency’s
response to the reasons specified in the notification.

(b) In determining whether an applicant agency should be
certified, or designated as certified, the secretary, after receiving
comments from the director, the Director of Emergency Services,
the State Fire Marshal, and the Executive Officers and Chairpersons
of the State Water Resources Control Board and the California
regional water quality control boards, shall consider at least all of
the following factors:

(1) Adequacy of the technical expertise possessed by each
unified program agency that will be implementing each element
of the unified program, including, but not limited to, whether the
agency responsible for implementing and enforcing the
requirements of Chapter 6.5 (commencing with Section 25100)
satisfies the requirements of Section 15260 of Title 27 of the
California Code of Regulations.

(2) Adequacy of staff resources.

(3) Adequacy of budget resources and funding mechanisms.

(4) Training requirements.

(5) Past performance in implementing and enforcing
requirements related to the handling of hazardous materials and
hazardous waste.

(6) Recordkeeping and cost accounting systems.

(7) Compliance with the criteria in Section 15170 of Title 27
of the California Code of Regulations.

(c) (1) In making the determination of whether or not to certify
a particular applicant agency as a certified unified program agency,
the secretary shall consider the applications of every other applicant
agency applying to be a certified unified program agency within
the same county, in order to determine the impact of each
certification decision on the county. If the secretary identifies that
there may be adverse impacts on the county if any particular agency
in a county is certified, the secretary shall work cooperatively with
each affected agency to address the secretary’s concerns.

(2) The secretary shall not certify an agency to be a certified
unified program agency unless the secretary finds both of the
following:

(A) The unified program will be implemented in a coordinated
and consistent manner throughout the entire county in which the
applicant agency is located.

(B) The administration of the unified program throughout the
entire county in which the applicant agency is located will be less
fragmented between jurisdictions, as compared to before January
1, 1994, with regard to the administration of the provisions
specified in subdivision (c) of Section 25404.

(d) (1) The secretary shall not certify an applicant agency that
proposes to allow participating agencies to implement certain
elements of the unified program unless the secretary makes all of
the following findings:

(A) The applicant agency has adequate authority, and has in
place adequate systems, protocols, and agreements, to ensure that
the actions of the other agencies proposed to implement certain
elements of the unified program are fully coordinated and
consistent with each other and with those of the applicant agency,
and to ensure full compliance with the regulations implementing
the unified program adopted by the secretary pursuant to this
chapter.

(B) An agreement between the applicant and other agencies
proposed to implement any elements of the unified program
contains procedures for removing any agencies proposed and
engaged to implement any element of the unified program. The
procedures in the agreement shall include, at a minimum,
provisions for providing notice, stating causes, taking public
comment, making appeals, and resolving disputes.

(C) The other agencies proposed to implement certain elements
of the unified program have the capability and resources to
implement those elements, taking into account the factors
designated in subdivision (b).

(D) All other agencies proposed to implement certain elements
of the unified program shall maintain an agreement with the
applicant agency that ensures that the requirements of Section
25404.2 will be fully implemented.

(E) If the applicant agency proposes that any agency other than
itself will be responsible for implementing aspects of the single
fee system imposed pursuant to Section 25404.5, the applicant
agency maintains an agreement with that agency that ensures that
the fee system is implemented in a fully consistent and coordinated
manner, and that ensures that each participating agency receives
the amount that it determines to constitute its necessary and
reasonable costs of implementing the element or elements of the
unified program that it is responsible for implementing.

(2) After the secretary has certified an applicant agency pursuant
to this subdivision, that agency shall obtain the approval of the
secretary before removing and replacing a participating agency
that is implementing an element of the unified program.

(3) Any state agency, including, but not limited to, the State
Department of Health begin insert Care end insert Services, acting as a participating
agency, may contract with a unified program agency to implement
or enforce the unified program.

(e) Until a city’s or county’s application for certification to
implement the unified program is acted upon by the secretary, the
roles, responsibilities, and authority for implementing the programs
identified in subdivision (c) of Section 25404 that existed in that
city or county pursuant to statutory authorization as of December
31, 1993, shall remain in effect.

(f) (1) Except as provided in subparagraph (C) of paragraph
(2) or in Section 25404.8, if no local agency has been certified by
January 1, 1997, to implement the unified program within a city,
the secretary shall designate either the county in which the city is
located or another agency pursuant to subparagraph (A) of
paragraph (2) as the unified program agency.

(2) (A) Except as provided in subparagraph (C), if no local
agency has been certified by January 1, 2001, to implement the
unified program within the unincorporated or an incorporated area
of a county, the secretary shall determine how the unified program
shall be implemented in the unincorporated area of the county,
and in any city in which there is no agency certified to implement
the unified program. In such an instance, the secretary shall work
in consultation with the county and cities to determine which state
or local agency or combination of state and local agencies should
implement the unified program, and shall determine which state
or local agency shall be designated as the certified unified program
agency.

(B) The secretary shall determine the method by which the
unified program shall be implemented throughout the county and
may select any combination of the following implementation
methods:

(i) The certification of a state or local agency as a certified
unified program agency.

(ii) The certification of an agency from another county as the
certified unified program agency.

(iii) The certification of a joint powers agency as the certified
unified program agency.

(C) Notwithstanding paragraph (1) and subparagraphs (A) and
(B), if the Cities of Sunnyvale, Anaheim, and Santa Ana prevail
in litigation filed in 1997 against the secretary, and, to the extent
the secretary determines that these three cities meet the
requirements for certification, the secretary may certify these cities
as certified unified program agencies.

(g) (1) If a certified unified program agency wishes to withdraw
from its obligations to implement the unified program and is a city
or a joint powers agency implementing the unified program within
a city, the agency may withdraw after providing 180 days’ notice
to the secretary and to the county within which the city is located,
or to the joint powers agency with which the county has an
agreement to implement the unified program.

(2) Whenever a certified unified program agency withdraws
from its obligations to implement the unified program, or the
secretary withdraws an agency’s certification pursuant to Section
25404.4, the successor certified unified program agency shall be
determined in accordance with subdivision (f).

begin delete SEC. 400. end delete
begin insert SEC. 357. end insert   

Section 25501 of the Health and Safety Code is
amended to read:

25501.  

Unless the context indicates otherwise, the following
definitions govern the construction of this chapter:

(a) “Administering agency” means the local agency authorized,
pursuant to Section 25502, to implement and enforce this chapter.

(b) “Agency” or “office” means the Office of Emergency
Services.

(c) “Agricultural handler” means an entity identified in
paragraph (5) of subdivision (c) of Section 25503.5.

(d) “Area plan” means a plan established pursuant to Section
25503 by an administering agency for emergency response to a
release or threatened release of a hazardous material within a city
or county.

(e) “Business” means an employer, self-employed individual,
trust, firm, joint stock company, corporation, partnership, or
association. For purposes of this chapter, “business” includes a
business organized for profit and a nonprofit business.

(f) “Business plan” means a separate plan for each facility, site,
or branch of a business that meets the requirements of Section
25504.

(g) “Certification statement” means a statement signed by the
business owner, operator, or officially designated representative
that attests to all of the following:

(1) The information contained in the annual inventory form
most recently submitted to the administering agency is complete,
accurate, and up to date.

(2) There has been no change in the quantity of any hazardous
material as reported in the most recently submitted annual
inventory form.

(3) No hazardous materials subject to the inventory requirements
of this chapter are being handled that are not listed on the most
recently submitted annual inventory form.

(4) The most recently submitted annual inventory form contains
the information required by Section 11022 of Title 42 of the United
States Code.

(h) (1) “Certified Unified Program Agency” or “CUPA” means
the agency certified by the secretary to implement the unified
program specified in Chapter 6.11 (commencing with Section
25404) within a jurisdiction.

(2) “Participating Agency” or “PA” means an agency that has
a written agreement with the CUPA pursuant to subdivision (d)
of Section 25404.3, and is approved by the secretary, to implement
or enforce one or more of the unified program elements specified
in paragraphs (4) and (5) of subdivision (c) of Section 25404, in
accordance with the provisions of Sections 25404.1 and 25404.2.

(3) “Unified Program Agency” or “UPA” means the CUPA, or
its participating agencies to the extent each PA has been designated
by the CUPA, pursuant to a written agreement, to implement or
enforce a particular unified program element specified in
paragraphs (4) and (5) of subdivision (c) of Section 25404. For
purposes of this chapter, the UPAs have the responsibility and
authority, to the extent provided by this chapter and Sections
25404.1 and 25404.2, to implement and enforce only those
requirements of this chapter listed in paragraphs (4) and (5) of
subdivision (c) of Section 25404. The UPAs also have the
responsibility and authority, to the extent provided by this chapter
and Sections 25404.1 and 25404.2, to implement and enforce the
regulations adopted to implement the requirements of this chapter
listed in paragraphs (4) and (5) of subdivision (c) of Section 25404.
After a CUPA has been certified by the secretary, the unified
program agencies shall be the only local agencies authorized to
enforce the requirements of this chapter listed in paragraphs (4)
and (5) of subdivision (c) of Section 25404 within the jurisdiction
of the CUPA.

(i) “City” includes any city and county.

(j) “Chemical name” means the scientific designation of a
substance in accordance with the nomenclature system developed
by the International Union of Pure and Applied Chemistry or the
system developed by the Chemical Abstracts Service.

(k) “Common name” means any designation or identification,
such as a code name, code number, trade name, or brand name,
used to identify a substance by other than its chemical name.

(l) “Department” means the Department of Toxic Substances
Control and “director” means the Director of Toxic Substances
Control.

(m) “Emergency rescue personnel” means any public employee,
including, but not limited to, any fireman, firefighter, or emergency
rescue personnel, as defined in Section 245.1 of the Penal Code,
or personnel of a local EMS agency, as designated pursuant to
Section 1797.200, or a poison control center, as defined by Section
1797.97, who responds to any condition caused, in whole or in
part, by a hazardous material that jeopardizes, or could jeopardize,
public health or safety or the environment.

(n) “Handle” means to use, generate, process, produce, package,
treat, store, emit, discharge, or dispose of a hazardous material in
any fashion.

(o) “Handler” means any business that handles a hazardous
material.

(p) “Hazardous material” means any material that, because of
its quantity, concentration, or physical or chemical characteristics,
poses a significant present or potential hazard to human health and
safety or to the environment if released into the workplace or the
environment. “Hazardous materials” include, but are not limited
to, hazardous substances, hazardous waste, and any material that
a handler or the administering agency has a reasonable basis for
believing that it would be injurious to the health and safety of
persons or harmful to the environment if released into the
workplace or the environment.

(q) “Hazardous substance” means any substance or chemical
product for which one of the following applies:

(1) The manufacturer or producer is required to prepare a MSDS
for the substance or product pursuant to the Hazardous Substances
Information and Training Act (Chapter 2.5 (commencing with
Section 6360) of Part 1 of Division 5 of the Labor Code) or
pursuant to any applicable federal law or regulation.

(2) The substance is listed as a radioactive material in Appendix
B of Chapter 1 of Title 10 of the Code of Federal Regulations,
maintained and updated by the Nuclear Regulatory Commission.

(3) The substances listed pursuant to Title 49 of the Code of
Federal Regulations.

(4) The materials listed in subdivision (b) of Section 6382 of
the Labor Code.

(r) “Hazardous waste” means hazardous waste, as defined by
Sections 25115, 25117, and 25316.

(s) “Release” means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the environment, unless permitted or
authorized by a regulatory agency.

(t) “Secretary” means the Secretary for Environmental
Protection.

(u) “SIC Code” means the identification number assigned by
the Standard Industrial Classification Code to specific types of
businesses.

(v) “Threatened release” means a condition creating a substantial
probability of harm, when the probability and potential extent of
harm make it reasonably necessary to take immediate action to
prevent, reduce, or mitigate damages to persons, property, or the
environment.

(w) “Trade secret” means trade secrets as defined in subdivision
(d) of Section 6254.7 of the Government Code and Section 1060
of the Evidence Code.

(x) “Unified Program Facility” means all contiguous land and
structures, other appurtenances, and improvements on the land
that are subject to the requirements of paragraphs (4) and (5) of
subdivision (c) of Section 25404.

begin delete SEC. 401. end delete
begin insert SEC. 358. end insert   

Section 25502 of the Health and Safety Code is
amended to read:

25502.  

(a) (1)  This chapter, as it pertains to the handling of
hazardous material, shall be implemented by one of the following:

(A) If there is a CUPA, the Unified Program Agency.

(B) If there is no CUPA, the agency authorized pursuant to
subdivision (f) of Section 25404.3.

(2) The agency responsible for implementing this chapter shall
ensure full access to, and the availability of, information submitted
under this chapter to emergency rescue personnel and other
appropriate governmental entities within its jurisdiction.

(b) (1) If there is no CUPA, a city may, by ordinance or
resolution, assume responsibility for the implementation of this
chapter and, if so, shall have exclusive jurisdiction within the
boundary of the city for the purposes of carrying out this chapter.
The ordinance shall require that a person who violates Section
25507 shall be subject to the penalties specified in Section 25515.
A city that assumes responsibility for implementation of this
chapter shall provide notice of its ordinance or resolution to the
office and to the administering agency of its county. It shall also
consult with, and coordinate its activities with, the county in which
the city is located to avoid duplicating efforts or any
misunderstandings regarding the areas, duties, and responsibilities
of each administering agency.

(2) A city may not assume responsibility for the implementation
of this chapter unless it has enacted an implementing ordinance
or adopted an implementing resolution not later than 60 days after
the office adopts regulations pursuant to Section 25503, except
that a city may enact an implementing ordinance or adopt an
implementing resolution after this 60-day period, if it has an
agreement with the county to do so. A new city has one year from
the date of incorporation to enact an ordinance or adopt a resolution
implementing this chapter.

(3) The local agency responsible for administering and enforcing
this chapter shall be the agency so authorized pursuant to
subdivision (f) of Section 25404.3.

(c) If there is no CUPA, the county and any city that assume
responsibility pursuant to subdivision (b) shall designate a
department, office, or other agency of the county or city, as the
case may be, or the city or county may designate a fire district, as
the administering agency responsible for administering and
enforcing this chapter. The county and any city that assume
responsibility pursuant to subdivision (b) shall notify the office
immediately upon making a designation. The local agency
responsible for administering and enforcing this chapter shall be
the agency so authorized pursuant to subdivision (f) of Section
25404.3.

begin delete SEC. 402. end delete
begin insert SEC. 359. end insert   

Section 25503 of the Health and Safety Code is
amended to read:

25503.  

(a) Not later than September 1, 1986, the office shall
adopt, after public hearing and consultation with the Office of the
State Fire Marshal and other appropriate public entities, regulations
for minimum standards for business plans and area plans. All
business plans and area plans shall meet the standards adopted by
the agency.

(b) The standards for business plans in the regulations adopted
pursuant to subdivision (a) shall do all of the following:

(1) Set forth minimum requirements of adequacy, and not
preclude the imposition of additional or more stringent
requirements by local government.

(2) Take into consideration and adjust for the size and nature
of the business, the proximity of the business to residential areas
and other populations, and the nature of the damage potential of
its hazardous materials in establishing standards for subdivisions
(b) and (c) of Section 25504.

(3) Take into account the existence of local area and business
plans which meet the requirements of this chapter so as to minimize
the duplication of local efforts, consistent with the objectives of
this chapter.

(4) Define what releases and threatened releases are required
to be reported pursuant to Section 25507. The office shall consider
the existing federal reporting requirements in determining a
definition of reporting releases pursuant to Section 25507.

(c) An administering agency shall establish an area plan for
emergency response to a release or threatened release of a
hazardous material within its jurisdiction. An area plan is not a
statute, ordinance, or regulation for purposes of Section 669 of the
Evidence Code. The standards for area plans in the regulations
adopted pursuant to subdivision (a) shall provide for all of the
following:

(1) Procedures and protocols for emergency rescue personnel,
including the safety and health of those personnel.

(2) Preemergency planning.

(3) Notification and coordination of onsite activities with state,
local, and federal agencies, responsible parties, and special districts.

(4) Training of appropriate employees.

(5) Onsite public safety and information.

(6) Required supplies and equipment.

(7) Access to emergency response contractors and hazardous
waste disposal sites.

(8) Incident critique and followup.

(9) Requirements for notification to the office of reports made
pursuant to Section 25507.

(d) (1) The administering agency shall submit a copy of its
proposed area plan, within 180 days after adoption of regulations
by the office establishing area plan standards, to the office for
review. The office shall notify the administering agency as to
whether the area plan is adequate and meets the area plan standards.
The administering agency shall within 45 days of this notice submit
a corrected area plan.

(2) The administering agency shall certify to the office every
three years that it has conducted a complete review of its area plan
and has made any necessary revisions. Any time an administering
agency makes any substantial changes to its area plan, it shall
forward the changes to the office within 14 days after the changes
have been made.

(e) An administering agency shall submit to the office, along
with its area plan, both of the following:

(1) The basic provisions of a plan to conduct onsite inspections
of businesses subject to this chapter by either the administering
agency or other designated entity. These inspections shall ensure
compliance with this chapter and shall identify existing safety
hazards that could cause or contribute to a release and, where
appropriate, enforce any applicable laws and suggest preventative
measures designed to minimize the risk of the release of hazardous
material into the workplace or environment. The requirements of
this paragraph do not alter or affect the immunity provided a public
entity pursuant to Section 818.6 of the Government Code.

(2) A plan to institute a data management system which will
assist in the efficient access to and utilization of information
collected under this chapter. This data management system shall
be in operation within two years after the business plans are
required to be submitted to the administering agency pursuant to
Section 25505.

(f) The regulations adopted by the office pursuant to subdivision
(a) shall include an optional model reporting form for business
and area plans.

begin delete SEC. 403. end delete
begin insert SEC. 360. end insert   

Section 25503.1 of the Health and Safety Code is
amended to read:

25503.1.  

The office and each administering agency shall adopt
reporting requirements, in cooperation with the Chemical
Emergency Planning and Response Commission, established by
the Governor as the state emergency response commission pursuant
to subsection (a) of Section 11001 of Title 42 of the United States
Code, which are consistent with the intent and provisions of this
chapter and with Chapter 116 (commencing with Section 11001)
of Title 42 of the United States Code, for the purpose of eliminating
duplicative reporting requirements, to the extent achievable and
practicable.

begin delete SEC. 404. end delete
begin insert SEC. 361. end insert   

Section 25503.3 of the Health and Safety Code is
amended to read:

25503.3.  

(a) The office shall, in consultation with the
administering agencies, in accordance with Section 25503.1, adopt
by regulation a single comprehensive hazardous material reporting
form for businesses to submit to administering agencies for
purposes of Section 25509. The form shall include a section for
additional information that may be requested by the administering
agency. The regulations shall also specify criteria for sharing data
electronically. Except as provided in subdivisions (b) and (c), after
January 1, 1997, each administering agency shall require businesses
to use this form annually when complying with Section 25509.

(b) (1) Except as provided in paragraph (2), an administering
agency may allow a business to submit a form designated by the
administering agency for purposes of the inventory required by
Section 25509 instead of the single comprehensive hazardous
material reporting form adopted pursuant to subdivision (a). Any
form designated by an administering agency pursuant to this
paragraph shall ensure that all of the information required by
Section 25509 is reported. The form shall be developed in
consultation with the other agencies within the jurisdiction that
are responsible for fire protection, emergency response, and
environmental health. If the administering agency permits inventory
information to be submitted by electronic means, the format and
mode of submittal shall be developed in consultation with those
other agencies and, following the adoption of standards for the
sharing of electronic data pursuant to subdivision (e) of Section
25404, shall be consistent with those standards.

(2) If a business chooses to submit the single comprehensive
hazardous material reporting form adopted pursuant to subdivision
(a), the administering agency shall accept that form.

(c) Notwithstanding Section 25509, a business may comply
with the annual inventory reporting requirements of this article by
submitting a certification statement to the administering agency
if both of the following apply:

(1) The business has previously filed the single comprehensive
hazardous material reporting form required by subdivision (a) or
the alternative form designated by the administering agency
pursuant to subdivision (b).

(2) The business can attest to the statements set forth in
paragraphs (1) to (4), inclusive, of subdivision (f) of Section 25501.

begin delete SEC. 405. end delete
begin insert SEC. 362. end insert   

Section 25503.4 of the Health and Safety Code is
amended to read:

25503.4.  

(a) The agency shall adopt a format that allows
persons subject to two or more of the following requirements to
meet those requirements in one document:

(1) The business plan required by this chapter.

(2) The risk management plan required by Section 25534.

(3) The contingency plan required by Division 4.5 (commencing
with Section 66001) of Title 22 of the California Code of
Regulations and by Part 262 (commencing with Section 262.10),
Part 264 (commencing with Section 264.1), or Part 265
(commencing with Section 265.1) of Title 40 of the Code of
Federal Regulations.

(4) The spill prevention control and countermeasure plan
required by Section 25270.4.5 and by Part 112 (commencing with
Section 112.1) or by Part 300 (commencing with Section 300.1)
of Title 40 of the Code of Federal Regulations.

(5) Any accident or spill prevention plan or response plan
required by Chapter 6.7 (commencing with Section 25280) or by
regulations adopted pursuant to that chapter or required by an
underground storage tank ordinance adopted by a city or county.

(6) The interim marine facility oil spill contingency plan
required by Section 8670.29 of the Government Code and the
marine facility oil spill contingency plan required by Section
8670.31 of the Government Code.

(b) The format required by subdivision (a) shall be organized
as follows:

(1) A central element that will enable persons using the format
to report information and data common to all of the requirements
described in subdivision (a).

(2) Appendices that will contain the additional information
unique to each individual requirement described in subdivision
(a).

(c) The office shall adopt the format required by subdivision
(a) in consultation with administering agencies and the Information
Management Subcommittee of the Chemical Emergency Planning
and Response Commission and in cooperation with the State Water
Resources Control Board, the Department of Fish and Game, and
the department. The adoption of the format is not subject to Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code and shall be completed by January
1, 1995. To the extent feasible, and within the limits of budgetary
constraints, the office, the State Water Resources Control Board,
the Department of Fish and Game, and the department shall
convene workshops and other public meetings to obtain public
assistance on the development of the format.

begin delete SEC. 406. end delete
begin insert SEC. 363. end insert   

Section 25503.5 of the Health and Safety Code is
amended to read:

25503.5.  

(a) (1) A business, except as provided in subdivisions
(b), (c), and (d), shall establish and implement a business plan for
emergency response to a release or threatened release of a
hazardous material in accordance with the standards prescribed in
the regulations adopted pursuant to Section 25503, if the business
handles a hazardous material or a mixture containing a hazardous
material that has a quantity at any one time during the reporting
year that is any of the following:

(A) Except as provided in subparagraphs (C), (D), or (F), equal
to, or greater than, a total weight of 500 pounds or a total volume
of 55 gallons.

(B) Except as provided in subparagraphs (E) or (F), equal to,
or greater than, 200 cubic feet at standard temperature and pressure,
if the substance is compressed gas.

(C) The threshold planning quantity, under both of the following
conditions:

(i) The hazardous material is an extremely hazardous substance,
as defined in Section 355.61 of Title 40 of the Code of Federal
Regulations.

(ii) The threshold planning quantity for that extremely hazardous
substance listed in Appendices A and B of Part 355 (commencing
with Section 355.1) of Subchapter J of Chapter I of Title 40 of the
Code of Federal Regulations is less than 500 pounds.

(D) A total weight of 5,000 pounds, if the hazardous material
is a solid or liquid substance that is classified as a hazard for
purposes of Section 5194 of Title 8 of the California Code of
Regulations solely as an irritant or sensitizer, unless the
administering agency finds, and provides notice to the business
handling the product, that the handling of lesser quantities of that
hazardous material requires the submission of a business plan, or
any portion thereof, in response to public health, safety, or
environmental concerns.

(E) (i) A total of 1,000 cubic feet, if the hazardous material is
a gas at standard temperature and pressure and is classified as a
hazard for the purposes of Section 5194 of Title 8 of the California
Code of Regulations solely as a compressed gas, unless the
administering agency finds, and provides notice to the business
handling the product, that the handling of lesser quantities of that
hazardous material requires the submission of a business plan, or
any portion thereof, in response to public health, safety, or
environmental concerns.

(ii) The hazardous materials subject to this subparagraph include
a gas for which the only health and physical hazards are simple
asphyxiation and the release of pressure.

(iii) The hazardous materials subject to this subparagraph do
not include gases in a cryogenic state.

(F) If the substance is a radioactive material, it is handled in
quantities for which an emergency plan is required to be adopted
pursuant to Part 30 (commencing with Section 30.1), Part 40
(commencing with Section 40.1), or Part 70 (commencing with
Section 70.1), of Chapter 1 of Title 10 of the Code of Federal
Regulations, or pursuant to any regulations adopted by the state
in accordance with those regulations.

(2) In meeting the requirements of this subdivision, a business
may, if it elects to do so, use the format adopted pursuant to Section
25503.4.

(3) The administering agency shall make the findings required
by subparagraphs (D) and (E) of paragraph (1) in consultation with
the local fire chief.

(b) (1) Oxygen, nitrogen, and nitrous oxide, ordinarily
maintained by a physician, dentist, podiatrist, veterinarian, or
pharmacist, at his or her office or place of business, stored at each
office or place of business in quantities of not more than 1,000
cubic feet of each material at any one time, are exempt from this
section and from Section 25505. The administering agency may
require a one-time inventory of these materials for a fee not to
exceed fifty dollars ($50) to pay for the costs incurred by the office
in processing the inventory forms.

(2) (A) Lubricating oil is exempt from this section and Sections
25505 and 25509, for a single business facility, if the total volume
of each type of lubricating oil handled at that facility does not
exceed 55 gallons and the total volume of all types of lubricating
oil handled at that facility does not exceed 275 gallons, at any one
time.

(B) For purposes of this paragraph, “lubricating oil” means any
oil intended for use in an internal combustion crankcase, or the
transmission, gearbox, differential, or hydraulic system of an
automobile, bus, truck, vessel, airplane, heavy equipment, or other
machinery powered by an internal combustion or electric powered
engine. “Lubricating oil” does not include used oil, as defined in
subdivision (a) of Section 25250.1.

(3) Oil-filled electrical equipment that is not contiguous to an
electric facility is exempt from this section and Sections 25505
and 25509 if the aggregate capacity is less than 1,320 gallons.

(c) (1) Hazardous material contained solely in a consumer
product for direct distribution to, and use by, the general public is
exempt from the business plan requirements of this article unless
the administering agency has found, and has provided notice to
the business handling the product, that the handling of certain
quantities of the product requires the submission of a business
plan, or any portion thereof, in response to public health, safety,
or environmental concerns.

(2) In addition to the authority specified in paragraph (4), the
administering agency may, in exceptional circumstances, following
notice and public hearing, exempt from the inventory provisions
of this article any hazardous substance specified in subdivision (q)
of Section 25501 if the administering agency finds that the
hazardous substance would not pose a present or potential danger
to the environment or to human health and safety if the hazardous
substance was released into the environment. The administering
agency shall specify in writing the basis for granting any exemption
under this paragraph. The administering agency shall send a notice
to the office within five days from the effective date of any
exemption granted pursuant to this paragraph.

(3) The administering agency, upon application by a handler,
may exempt the handler, under conditions that the administering
agency determines to be proper, from any portion of the business
plan, upon a written finding that the exemption would not pose a
significant present or potential hazard to human health or safety
or to the environment or affect the ability of the administering
agency and emergency rescue personnel to effectively respond to
the release of a hazardous material, and that there are unusual
circumstances justifying the exemption. The administering agency
shall specify in writing the basis for any exemption under this
paragraph.

(4) The administering agency, upon application by a handler,
may exempt a hazardous material from the inventory provisions
of this article upon proof that the material does not pose a
significant present or potential hazard to human health and safety
or to the environment if released into the workplace or
environment. The administering agency shall specify in writing
the basis for any exemption under this paragraph.

(5) An administering agency shall exempt a business operating
a farm for purposes of cultivating the soil or raising or harvesting
any agricultural or horticultural commodity from filing the
information in the business plan required by subdivisions (b) and
(c) of Section 25504 if all of the following requirements are met:

(A) The handler annually provides the inventory of information
required by Section 25509 to the county agricultural commissioner
before January 1 of each year.

(B) Each building in which hazardous materials subject to this
article are stored is posted with signs, in accordance with
regulations that the office shall adopt, that provide notice of the
storage of any of the following:

(i) Pesticides.

(ii) Petroleum fuels and oil.

(iii) Types of fertilizers.

(C) Each county agricultural commissioner forwards the
inventory to the administering agency within 30 days from the
date of receipt of the inventory.

(6) The administering agency shall exempt a business operating
an unstaffed remote facility located in an isolated sparsely
populated area from the hazardous materials business plan and
inventory requirements of this article if the facility is not otherwise
subject to the requirements of applicable federal law, and all of
the following requirements are met:

(A) The types and quantities of materials onsite are limited to
one or more of the following:

(i) Five hundred standard cubic feet of compressed inert gases
(asphyxiation and pressure hazards only).

(ii) Five hundred gallons of combustible liquid used as a fuel
source.

(iii) Two hundred gallons of corrosive liquids used as
electrolytes in closed containers.

(iv) Five hundred gallons of lubricating and hydraulic fluids.

(v) One thousand two hundred gallons of flammable gas used
as a fuel source.

(vi) Any quantity of mineral oil contained within electrical
equipment, such as transformers, bushings, electrical switches,
and voltage regulators, if a spill prevention control and
countermeasure plan has been prepared for quantities in excess of
1,320 gallons.

(B) The facility is secured and not accessible to the public.

(C) Warning signs are posted and maintained for hazardous
materials pursuant to the California Fire Code.

(D) A one-time notification and inventory are provided to the
administering agency along with a processing fee in lieu of the
existing fee. The fee shall not exceed the actual cost of processing
the notification and inventory, including a verification inspection,
if necessary.

(E) If the information contained in the initial notification or
inventory changes and the time period of the change is longer than
30 days, the notification or inventory shall be resubmitted within
30 days to the administering agency to reflect the change, along
with a processing fee, in lieu of the existing fee, that does not
exceed the actual cost of processing the amended notification or
inventory, including a verification inspection, if necessary.

(F) The administering agency shall forward a copy of the
notification and inventory to those agencies that share responsibility
for emergency response.

(G) The administering agency may require an unstaffed remote
facility to submit a hazardous materials business plan and inventory
in accordance with this article if the office finds that special
circumstances exist such that development and maintenance of the
business plan and inventory are necessary to protect public health
and safety and the environment.

(d) On-premise use, storage, or both, of propane in an amount
not to exceed 500 gallons that is for the sole purpose of cooking,
heating the employee work areas, and heating water, within that
business, is exempt from this section, unless the administering
agency finds, and provides notice to the business handling the
propane, that the handling of the on-premise propane requires the
submission of a business plan, or any portion thereof, in response
to public health, safety, or environmental concerns.

(e) The administering agency shall provide all information
obtained from completed inventory forms, upon request, to
emergency rescue personnel on a 24-hour basis.

(f) The administering agency shall adopt procedures to provide
for public input when approving any applications submitted
pursuant to paragraph (3) or (4) of subdivision (c).

begin delete SEC. 407. end delete
begin insert SEC. 364. end insert   

Section 25503.9 of the Health and Safety Code is
amended to read:

25503.9.  

On or before January 1, 1995, the office shall, in
consultation with the administering agencies and the State Fire
Marshal, adopt by regulation a single comprehensive addendum
to the hazardous materials reporting form for businesses to submit
to administering agencies for purposes of complying with
subdivisions (b) and (c) of Section 13143.9 and subdivision (b) of
Section 25509. The regulations shall also specify criteria for
sharing data electronically. Not later than two years after the
effective date of those regulations, and annually thereafter, each
administering agency shall require businesses to use that addendum
when complying with subdivisions (b) and (c) of Section 13143.9
and subdivision (b) of Section 25509. The addendum shall be filed
with the administering agency, when required by the local fire
chief.

begin delete SEC. 408. end delete
begin insert SEC. 365. end insert   

Section 25505.2 of the Health and Safety Code is
amended to read:

25505.2.  

(a) Notwithstanding any other provision of this
chapter, any city or county which, on September 1, 1985, had in
effect a local ordinance containing business inventory reporting
requirements substantially similar to this chapter, as amended by
the act enacting this section, is exempt from having to implement
any regulations adopted by the office concerning business plans
upon meeting both of the following requirements:

(1) Not later than 90 days after the effective date of the act
enacting this section, the city or county enacts an ordinance, or
amends its existing ordinance, so that its requirements for business
plans are the same as, or more restrictive than, this chapter,
including subdivision (a) of Section 25503.5 and Sections 25504
and 25509.

(2) The office certifies that the ordinance’s requirements are in
compliance with paragraph (1) and that the city or county is
implementing the ordinance, based upon evidence submitted by
the city or county. Applications for exemption shall be filed with
the office not later than 120 days from the effective date of the act
enacting this section and the office shall certify or reject the
applications within 60 days after receipt. The city or county may
file an appeal of the decision of the office with the Director of
Emergency Services, under procedures established by the office.

(b) This section does not exempt any administering agency from
compliance with any other provision of this chapter.

(c) Any business located in a city or county which is exempt
from the regulations adopted pursuant to this chapter concerning
business plans, shall comply with the ordinance adopted by the
city or county.

begin delete SEC. 409. end delete
begin insert SEC. 366. end insert   

Section 25507 of the Health and Safety Code is
amended to read:

25507.  

(a) Except as provided in subdivision (b), the handler
or any employee, authorized representative, agent, or designee of
a handler shall, upon discovery, immediately report any release or
threatened release of a hazardous material to the administering
agency, and to the office, in accordance with the regulations
adopted pursuant to Section 25503. Each handler and any
employee, authorized representative, agent, or designee of a handler
shall provide all state, city, or county fire or public health or safety
personnel and emergency rescue personnel with access to the
handler’s facilities.

(b) Subdivision (a) does not apply to any person engaged in the
transportation of a hazardous material on a highway which is
subject to, and in compliance with, the requirements of Sections
2453 and 23112.5 of the Vehicle Code.

begin delete SEC. 410. end delete
begin insert SEC. 367. end insert   

Section 25507.1 of the Health and Safety Code is
amended to read:

25507.1.  

(a) Any business required to submit a followup
emergency notice pursuant to subdivision (c) of Section 11004 of
Title 42 of the United States Code, as that section read on January
1, 1989, or as it may be subsequently amended, shall submit the
notice on a form approved by the office.

(b) The office may adopt guidelines for the use of the forms
required by subdivision (a).

begin delete SEC. 411. end delete
begin insert SEC. 368. end insert   

Section 25509 of the Health and Safety Code is
amended to read:

25509.  

(a) The annual inventory form shall include, but shall
not be limited to, information on all of the following which are
handled in quantities equal to or greater than the quantities
specified in subdivision (a) of Section 25503.5:

(1) A listing of the chemical name and common names of every
hazardous substance or chemical product handled by the business.

(2) The category of waste, including the general chemical and
mineral composition of the waste listed by probable maximum
and minimum concentrations, of every hazardous waste handled
by the business.

(3) A listing of the chemical name and common names of every
other hazardous material or mixture containing a hazardous
material handled by the business that is not otherwise listed
pursuant to paragraph (1) or (2).

(4) The maximum amount of each hazardous material or mixture
containing a hazardous material disclosed in paragraphs (1), (2),
and (3) that is handled at any one time by the business over the
course of the year.

(5) Sufficient information on how and where the hazardous
materials disclosed in paragraphs (1), (2), and (3) are handled by
the business to allow fire, safety, health, and other appropriate
personnel to prepare adequate emergency responses to potential
releases of the hazardous materials.

(6) The SIC Code number of the business if applicable.

(7) The name and telephone number of the person representing
the business and able to assist emergency personnel in the event
of an emergency involving the business during nonbusiness hours.

(b) If the local fire chief requires the business to comply with
the requirements of subdivision (c) of Section 2701.5.2 of the
California Fire Code, as adopted by the State Fire Marshal pursuant
to Section 13143.9, the business shall also file the addendum
required by Section 25503.9 with the administering agency.

(c) The administering agency may permit the reporting of the
amount of hazardous material under this section by ranges, rather
than a specific amount, as long as those ranges provide the
information necessary to meet the needs of emergency rescue
personnel, to determine the potential hazard from a release of the
materials, and meets the purposes of this chapter.

(d) (1) Except as provided in subdivision (e), the annual
inventory form required by this section shall also include all
inventory information required by Section 11022 of Title 42 of
the United States Code, as that section read on January 1, 1989,
or as it may be subsequently amended.

(2) The office may adopt or amend existing regulations
specifying the inventory information required by this subdivision.

(e) If, pursuant to federal law or regulation, as it currently exists
or as it may be amended, there is a determination that the inventory
information required by subdivisions (a) and (c) is substantially
equivalent to the inventory information required under the
Emergency Planning and Community Right-to-Know Act of 1986
(42 U.S.C. Sec. 11001 et seq.), the requirements of subdivision
(d) shall not apply.

begin delete SEC. 412. end delete
begin insert SEC. 369. end insert   

Section 25517.5 of the Health and Safety Code is
amended to read:

25517.5.  

(a) The office may develop materials, such as
guidelines and informational pamphlets, to assist businesses to
fulfill their obligations under this chapter.

(b) The office may adopt emergency regulations for the purpose
of implementing Sections 25503 and 25509. These emergency
regulations shall be adopted by the office in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code, and for purposes of that
chapter, 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, and safety, or general welfare.

begin delete SEC. 413. end delete
begin insert SEC. 370. end insert   

Section 25520 of the Health and Safety Code is
amended to read:

25520.  

The office, not later than January 10, 1986, shall adopt
emergency regulations for the immediate report of release or
threatened release of a hazardous material as required by Section
25507 until regulations are adopted pursuant to Section 25503.
Regulations adopted pursuant to this section are not subject to
review by the Office of Administrative Law.

begin delete SEC. 414. end delete
begin insert SEC. 371. end insert   

Section 25531.2 of the Health and Safety Code is
amended to read:

25531.2.  

(a) The Legislature finds and declares that as the
state implements the federal accidental release prevention program
pursuant to this article, the Office of Emergency Services will play
a vital and increased role in preventing accidental releases of
extremely hazardous substances. The Legislature further finds and
declares that as an element of the unified program established
pursuant to Chapter 6.11 (commencing with Section 25404), a
single fee system surcharge mechanism is established by Section
25404.5 to cover the costs incurred by the office pursuant to this
article. It is the intent of the Legislature that this existing authority,
together with any federal assistance that may become available to
implement the accidental release program, be used to fully fund
the activities of the office necessary to implement this article.

(b) The office shall use any federal assistance received to
implement Chapter 6.11 (commencing with Section 25404) to
offset any fees or charges levied to cover the costs incurred by the
office pursuant to this article.

begin delete SEC. 415. end delete
begin insert SEC. 372. end insert   

Section 25545 of the Health and Safety Code is
amended to read:

25545.  

The office shall develop informational guidelines for
facilities required to comply with Chapter 116 (commencing with
Section 11001) of Title 42 of the United States Code and with this
chapter, and shall assist the administering agencies in ensuring
full distribution of these guidelines to those facilities.

begin delete SEC. 416. end delete
begin insert SEC. 373. end insert   

Section 35805 of the Health and Safety Code is
amended to read:

35805.  

As used in this part:

(a)  “Agency” means the Business, Consumer Services and
Housing Agency.

(b)  “Fair market value” means the most probable price which
a property should bring in a competitive and open market under
all conditions requisite to a fair sale, the buyer and seller each
acting prudently and knowledgeably, and assuming the price is
not affected by undue stimulus. The use of this definition of fair
market value by a financial institution in an appraisal made at any
time on or after July 1, 1986, does not violate the provisions of
this part.

(c)  “Financial institution” includes any bank, savings and loan
association, or other institution in this state, including a public
agency, that regularly makes, arranges, or purchases loans for the
purchase, construction, rehabilitation, improvement, or refinancing
of housing accommodations.

(d)  “Housing accommodation” includes any improved or
unimproved real property, or portion thereof, that (1) is used or is
intended to be used as a residence, and (2) is or will be occupied
by the owner, and (3) contains not more than four dwelling units.
“Housing accommodation” shall also include any residential
dwelling containing not more than four dwelling units where the
owner thereof, whether or not the owner will occupy the property,
applies or has applied for a secured home improvement loan from
a financial institution, the proceeds of which loan will be used to
improve the security property.

(e)  “Secretary” means the Secretary of Business, Consumer
Services and Housing.

begin delete SEC. 417. end delete
begin insert SEC. 374. end insert   

Section 50093 of the Health and Safety Code is
amended to read:

50093.  

“Persons and families of low or moderate income”
means persons and families whose income does not exceed 120
percent of area median income, adjusted for family size by the
department in accordance with adjustment factors adopted and
amended from time to time by the United States Department of
Housing and Urban Development pursuant to Section 8 of the
United States Housing Act of 1937. However, the agency and the
department jointly, or either acting with the concurrence of the
Secretary of Business, Consumer Services and Housing, may
permit the agency to use higher income limitations in designated
geographic areas of the state, upon a determination that 120 percent
of the median income in the particular geographic area is too low
to qualify a substantial number of persons and families of low or
moderate income who can afford rental or home purchase of
housing financed pursuant to Part 3 (commencing with Section
50900) without subsidy.

“Persons and families of low or moderate income” includes very
low income households, as defined in Section 50105, extremely
low income households, as defined in Section 50106, and lower
income households as defined in Section 50079.5, and includes
persons and families of extremely low income, persons and families
of very low income, persons and families of low income, persons
and families of moderate income, and middle-income families. As
used in this division:

(a)  “Persons and families of low income” or “persons of low
income” means persons or families who are eligible for financial
assistance specifically provided by a governmental agency for the
benefit of occupants of housing financed pursuant to this division.

(b)  “Persons and families of moderate income” or
“middle-income families” means persons and families of low or
moderate income whose income exceeds the income limit for lower
income households.

(c)  “Persons and families of median income” means persons
and families whose income does not exceed the area median
income, as adjusted by the department for family size in accordance
with adjustment factors adopted and amended from time to time
by the United States Department of Housing and Urban
Development pursuant to Section 8 of the United States Housing
Act of 1937.

As used in this section, “area median income” means the median
family income of a geographic area of the state, as annually
estimated by the United States Department of Housing and Urban
Development pursuant to Section 8 of the United States Housing
Act of 1937. In the event these federal determinations of area
median income are discontinued, the department shall establish
and publish as regulations income limits for persons and families
of median income for all geographic areas of the state at 100
percent of area median income, and for persons and families of
low or moderate income for all geographic areas of the state at
120 percent of area median income. These income limits shall be
adjusted for family size and shall be revised annually.

For purposes of this section, the department shall file, with the
Office of Administrative Law, any changes in area median income
and income limits determined by the United States Department of
Housing and Urban Development, together with any consequent
changes in other derivative income limits determined by the
department pursuant to this section. These filings shall not be
subject to Article 5 (commencing with Section 11346) or Article
6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of
Division 3 of Title 2 of the Government Code, but shall be effective
upon filing with the Office of Administrative Law and shall be
published as soon as possible in the California Regulatory Code
Supplement and the California Code of Regulations.

The department shall establish and publish a general definition
of income, including inclusions, exclusions, and allowances, for
qualifying persons under the income limits of this section and
Sections 50079.5, 50105, and 50106 to be used where no other
federal or state definitions of income apply. This definition need
not be established by regulation.

Nothing in this division shall prevent the agency or the
department from adopting separate family size adjustment factors
or programmatic definitions of income to qualify households,
persons, and families for programs of the agency or department,
as the case may be.

begin delete SEC. 418. end delete
begin insert SEC. 375. end insert   

Section 50150 of the Health and Safety Code is
amended to read:

50150.  

This chapter sets forth the general responsibilities and
roles of the Business, Consumer Services and Housing Agency,
the Department of Housing and Community Development, and
the California Housing Finance Agency in carrying out state
housing policies and programs. It is declaratory of existing law as
to those roles and responsibilities, and shall not be construed as
creating additional responsibilities.

begin delete SEC. 419. end delete
begin insert SEC. 376. end insert   

Section 50151 of the Health and Safety Code is
amended to read:

50151.  

The Secretary of Business, Consumer Services and
Housing shall be responsible for allocating financial aid and
contributions made available directly to state government or to the
agency by any agency of the United States for the purpose of
subsidizing housing for persons and families of low or moderate
income.

The agency shall have priority among all other units of state
government for receipt of federal housing subsidies for use in
connection with its lending and insurance programs.

begin delete SEC. 420. end delete
begin insert SEC. 377. end insert   

Section 50153 of the Health and Safety Code is
amended to read:

50153.  

To further the goals of this division and to enable the
success of a statewide housing program, it is essential, and the
Legislature intends, that the agency and the department shall
closely coordinate their activities to assure that the goals and
purposes of this division are realized. To this end, the Secretary
of Business, Consumer Services and Housing and the director of
the department have been given a role on the board which
administers the agency and approves major contractual agreements,
and a veto power over agency regulations in certain policy areas
as specified in Section 50462, and the agency is required to
coordinate its activities with the department. Subject to these
restrictions, however, and when carrying out its own unique
responsibilities, the agency is relatively free of regulation by other
agencies of state government.

begin delete SEC. 421. end delete
begin insert SEC. 378. end insert   

Section 50154 of the Health and Safety Code is
amended to read:

50154.  

The California Housing Finance Agency, within the
Business, Consumer Services and Housing Agency, is a primary
agency in the implementation of state housing policy. The agency’s
role is to make financing opportunities available for the
construction, rehabilitation, and purchase of housing for persons
and families of low or moderate income by (a) borrowing in the
securities markets and relending to housing sponsors, developers,
and homeowners and (b) insuring loans made by the agency or by
others for the same purposes. In general, the agency pays for its
operations out of the excess of its interest revenue from loan
repayments over the cost of the money it borrows or, in the case
of insurance, by the excess of fees charged for the provision of
insurance over the value of claims paid. The agency shall seek to
implement the goals, policies, and objectives of the California
Statewide Housing Plan and shall annually report on its progress
toward compliance with priorities in the California Statewide
Housing Plan.

begin delete SEC. 422. end delete
begin insert SEC. 379. end insert   

Section 50452 of the Health and Safety Code is
amended to read:

50452.  

The department shall update and provide a revision of
the California Statewide Housing Plan to the Legislature by January
1, 2006, by January 1, 2009, and every four years thereafter. The
revisions shall contain all of the following segments:

(a) A comparison of the housing need for the preceding four
years with the amount of building permits issued and mobilehome
units sold in those fiscal years.

(b) A revision of the determination of the statewide need for
housing development specified in subdivision (b) of Section 50451
for the current year and projected four additional years ahead.

(c) A revision of the housing assistance goals specified in
subdivision (c) of Section 50451 for the current year and projected
four additional years ahead.

(d) A revision of the evaluation required by subdivision (a) of
Section 50451 as new census or other survey data become
available. The revision shall contain an evaluation and summary
of housing conditions throughout the state and may highlight data
for multicounty or regional areas, as determined by the department.
The revision shall include a discussion of the housing needs of
various population groups, including, but not limited to, the elderly
persons, disabled persons, large families, families where a female
is the head of the household, and farmworker households.

(e) An updating of recommendations for actions by federal,
state, and local governments and the private sector which will
facilitate the attainment of housing goals established for California.

The Legislature may review the plan and the updates of the plan
and transmit its comments on the plan or updates of the plan to
the Governor, the Secretary of Business, Consumer Services and
Housing, and the Director of Housing and Community
Development.

begin delete SEC. 423. end delete
begin insert SEC. 380. end insert   

Section 50462 of the Health and Safety Code is
amended to read:

50462.  

The department may initiate, develop, and propose
regulations for adoption by the agency and review regulations
proposed by the board prior to their taking effect, with respect to
the following:

(a)  Standards for affirmative marketing programs of housing
sponsors seeking financial assistance from the agency.

(b)  Criteria for certifying that the sale or conveyance of real
property pursuant to Section 51061 or Section 51251 will primarily
benefit persons and families of low or moderate income living in
a housing development or a residential structure.

(c)  Regulations permitting grants to be made by the agency to
housing sponsors for the purpose of attaining affordable rents in
housing developments financed by the agency. Such grants shall
not be made with moneys derived from the sale of bonds.

(d)  Regulations governing payments, procedures, and eligibility
for relocation assistance for individuals and families displaced by
actions of the agency or of housing sponsors of housing
developments or neighborhood improvement loans.

(e)  Criteria for qualification of persons, families, and
households as persons and families of low or moderate income,
lower income households, or very low income households.

(f)  Regulations establishing the maximum percentage of income
which may be paid by persons and families of low or moderate
income for housing cost within the meaning of the term affordable
housing cost, as defined in Section 50052.5.

(g)  Regulations designating geographical areas of need
throughout the state for housing construction or rehabilitation, as
identified in the California Statewide Housing Plan, identifying
housing markets in which insufficient financing is available for
purchase or rehabilitation of existing housing, identifying types
of households with particularly severe housing needs, or
establishing priority criteria for the selection of homes and projects
to be financed as housing developments or neighborhood
improvement loans.

(h)  Criteria for inclusion of nonhousing facilities in housing
developments financed by the agency.

Regulations proposed by the agency in such areas of
responsibility shall not take effect without concurrence of the
director, the Secretary of Business, Consumer Services and
Housing, or a representative of the secretary specifically designated
for such review and approval.

begin delete SEC. 424. end delete
begin insert SEC. 381. end insert   

Section 50661.5 of the Health and Safety Code is
amended to read:

50661.5.  

(a) There is hereby created in the State Treasury the
California Disaster Housing Repair Fund, into which shall be paid
all moneys appropriated by the Legislature pursuant to subdivision
(b) or transferred pursuant to subdivision (c) for housing repair
loans pursuant to Sections 50662.7, 50671.5, and 50671.6. All
interest or other increments resulting from the investment of
moneys in the California Disaster Housing Repair 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 that fund is continuously
appropriated to the department for the following purposes:

(1) For making deferred payment loans and predevelopment
loans pursuant to Sections 50662.7, 50671.5, and 50671.6.

(2) For related administrative expenses of the department.

(3) For related administrative expenses of any entity contracting
with the department, pursuant to Sections 50662.7, 50671.5, and
50671.6 in an amount, if any, as determined by the department, to
enable the entities to implement a program pursuant to those
sections.

(4) For providing loan guarantees for disaster-related loans made
by private institutional lending sources.

(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 transferred from the Special Fund for Economic
Uncertainties prior to July 1, 1996, pursuant to subdivision (c).

(3) Any other moneys which may be made available to the
department prior to July 1, 1996, for the purposes of this section
from any other source or sources.

(4) The director may authorize the sale of the beneficiary interest
of loans made pursuant to Section 50662.7. The proceeds from
that sale prior to July 1, 1996, shall be deposited into the California
Disaster Housing Repair Fund. Proceeds from that sale after July
1, 1996, shall be deposited in the General Fund.

(c) (1) To the extent that funds are not available, the Department
of Housing and Community Development shall submit to the
Department of Finance, within 90 days after a disaster, a deficiency
request based on a minimum funding level based on a damage
survey completed by the Office of Emergency Services and the
Federal Emergency Management Agency. The request shall
distinguish between owner-occupied housing of one to four units
and rental housing of five or more units.

(2) Upon receipt of the deficiency request from the Department
of Housing and Community Development pursuant to paragraph
(1), the Department of Finance shall make a funding determination
and notify the Legislature of the approval or disapproval of the
deficiency amount. Any deficiency amount approved shall
distinguish between owner-occupied housing of one to four units
and rental housing of five or more units.

(3) Any payments made pursuant to this subdivision from funds
made available under Section 50671.5 shall be matched by a
corresponding and equal payment from funds made available under
Section 50671.6, except that, upon the determination of the Director
of Finance that one of the two rental repair programs has excess
funds, moneys from that fund may be used for either of the other
two disaster repair programs.

(d) In the event of a natural disaster, as defined in Section 8680.3
of the Government Code, the Director of Finance may transfer
moneys from the Special Fund for Economic Uncertainties
established by Section 16418 of the Government Code to the
California Disaster Housing Repair Fund, provided the transfer is
not made sooner than 30 days after notification in writing of the
necessity therefor is provided to the Joint Legislative Budget
Committee.

(e) Notwithstanding any other provision of law, on or after July
1, 1996, the unencumbered fund balance and reserves shall be
transferred to the Housing Rehabilitation Loan Fund and
subsequent income and other resources payable pursuant to
Sections 50662.7, 50671.5, and 50671.6, shall be deposited to the
Housing Rehabilitation Loan Fund, except that payments of
principal and interest on loans issued pursuant to Sections 50662.7,
50671.5, and 50671.6 shall be deposited in the General Fund.

(f) In making funds available to disaster victims pursuant to
Sections 50662.7, 50671.5, and 50671.6, the department shall
impose a one-year deadline for submission of applications.

(g) Any changes made on or after January 1, 1994, to any
program funded by the California Disaster Housing Repair Fund
shall not apply to applications submitted on or before December
31, 1993. The department may administer the program in
accordance with guidelines until regulations are adopted.

begin delete SEC. 425. end delete
begin insert SEC. 382. end insert   

Section 50900 of the Health and Safety Code is
amended to read:

50900.  

The California Housing Finance Agency is hereby
continued in existence in the Department of Housing and
Community Development. The agency constitutes a public
instrumentality and a political subdivision of the state, and the
exercise by the agency of the powers conferred by this division
shall be deemed and held to be the performance of an essential
public function.

begin delete SEC. 426. end delete
begin insert SEC. 383. end insert   

Section 51005 of the Health and Safety Code is
amended to read:

51005.  

(a)  The agency shall, by November 1 of each year,
submit an annual report of its activities under this division for the
preceding year to the Governor, the Secretary of Business,
Consumer Services and Housing, the Director of Housing and
Community Development, the Treasurer, the Joint Legislative
Budget Committee, the Legislative Analyst, and the Legislature.
The report shall set forth a complete operating and financial
statement of the agency during the concluded fiscal year. The
report shall specify the number of units assisted, the distribution
of units among the metropolitan, nonmetropolitan, and rural areas
of the state, and shall contain a summary of statistical data relative
to the incomes of households occupying assisted units, the monthly
rentals charged to occupants of rental housing developments, and
the sales prices of residential structures purchased during the
previous fiscal year by persons or families of low or moderate
income. The report shall also include a statement of
accomplishment during the previous year with respect to the
agency’s progress, priorities, and affirmative action efforts. The
agency shall specifically include in its report on affirmative action
goals, statistical data on the numbers and percentages of minority
sponsors, developers, contractors, subcontractors, suppliers,
architects, engineers, attorneys, mortgage bankers or other lenders,
insurance agents, and managing agents.

(b)  The report shall also include specific information evaluating
the extent to which the programs administered by the agency have
attained the statutory objectives of the agency, including, but not
limited to, (1) the primary purpose of the agency in meeting the
housing needs of persons and families of low or moderate income
pursuant to Section 50950, (2) the occupancy requirements for
very low income households established pursuant to Sections
50951 and 51226, (3) the elderly and orthopedic disability
occupancy requirements established pursuant to Section 51230,
(4) the use of surplus moneys pursuant to Section 51007, (5) the
metropolitan, nonmetropolitan, and rural goals established pursuant
to subdivision (h) of Section 50952, (6) the California Statewide
Housing Plan, as required by Section 50154, (7) the statistical and
other information developed and maintained pursuant to Section
51610, (8) the number of manufactured housing units assisted by
the agency, (9) information with respect to the proceeds derived
from the issuance of bonds or securities and any interest or other
increment derived from the investment of bonds or securities, and
the uses for which those proceeds or increments are being made
as provided for in Section 51365, including the amount by which
each fund balance exceeds indenture requirements, (10) any
recommendations described in subdivision (d), (11) any
recommendations described in Section 51227, (12) the revenue
bonding authority plan adopted pursuant to Section 51004.5, (13)
the statistical and other information required to be provided
pursuant to Section 50156, (14) an analysis of the agency’s
compliance with the targeting requirements of subsection (d) of
Section 142 of the Internal Revenue Code of 1986 (26 U.S.C. Sec.
142) with respect to any issue of bonds subject to those
requirements under Section 103 of the Internal Revenue Code of
1986 (26 U.S.C. Sec. 103), including the numbers of rental units
subject to this reporting requirement by categories based on the
number of bedrooms per unit, and (15) the statistical and other
information relating to congregate housing for the elderly pursuant
to Section 51218.

The agency may, at its option, include the information required
by this section in a single document or may separately report the
statistical portion of the information in a supplement appended to
its annual report. This statistical supplement shall be distributed
with copies of the agency’s annual report, but need not be provided
to bond rating agencies, underwriters, investors, developers, or
financial institutions.

(c)  The agency shall cause an audit of its books and accounts
with respect to its activities under this division to be made at least
once during each fiscal year by an independent certified public
accountant and the agency shall be subject to audit by the
Department of Finance not more often than once each fiscal year.

(d)  The agency shall assess any obstacles or problems that it
has encountered in meeting its mandate to serve nonmetropolitan
and rural metropolitan areas, and recommend legislative and
administrative solutions to overcome these obstacles or problems.
The agency shall separately assess its progress in meeting the
rehabilitation needs of rural areas and the new construction needs
of rural areas, and separately assess its progress as to single and
multifamily units. The agency shall include in its report a
quantification and evaluation of its progress in meeting the housing
needs of communities of various sizes in rural areas.

(e)  By December 1 of each fiscal year, the agency shall
ascertain that not less than 25 percent of the total units financed
by mortgage loans during the preceding 12 months pursuant to
this part were made available to very low income households. If
the agency finds that these very low income occupancy goals have
not been met, the agency shall immediately notify the Governor,
the Speaker of the Assembly, and the Senate Committee on Rules,
and shall recommend legislation or other action as may be required
to make (1) at least 25 percent of the units so available, and (2) at
least 25 percent of the units thereafter financed so available. In
housing developments for which the agency provides a construction
loan but not a mortgage loan, the agency shall report annually on
the percentage of units projected to be made available for
occupancy and actually occupied by lower income households.

begin delete SEC. 427. end delete
begin insert SEC. 384. end insert   

Section 51614 of the Health and Safety Code is
amended to read:

51614.  

(a) The agency is hereby vested with full power,
authority, and jurisdiction over the insurance fund. The agency
may perform all acts necessary or convenient in the exercise of
any power, authority, or jurisdiction over the insurance fund, either
in the administration thereof or in connection with the business
administered under this part, as fully and completely as the
governing body of a private insurance carrier.

(b) The agency may create task forces and advisory committees,
when appropriate and as the members deem necessary, for the
purpose of obtaining advice on issues arising as a result of the
agency’s activities under this part. Ex officio members of those
task forces and advisory committees may include, but are not
limited to, the Insurance Commissioner or his or her designee, the
Director of Housing and Community Development or his or her
designee, the Director of the Seismic Safety Commission or his
or her designee, and the Director of Emergency Services or his or
her designee.

begin delete SEC. 428. end delete
begin insert SEC. 385. end insert   

Section 51624 of the Health and Safety Code is
amended to read:

51624.  

The agency shall prepare a preliminary budget for the
agency’s activities under this part on or before December 1 of each
year for the ensuing fiscal year, to be reviewed by the Secretary
of Business, Consumer Services and Housing, the Director of
Finance, and the Joint Legislative Budget Committee.

begin delete SEC. 429. end delete
begin insert SEC. 386. end insert   

Section 53524 of the Health and Safety Code is
amended to read:

53524.  

(a) Solely for the purpose of authorizing the issuance
and sale, pursuant to the State General Obligation Bond Law, of
the bonds authorized by this part, the Housing Finance Committee
is hereby created. For purposes of this part, the Housing Finance
Committee is “the committee” as that term is used in the State
General Obligation Bond Law. The committee consists of the
Controller, the Treasurer, the Director of Finance, the Secretary
of Business, Consumer Services and Housing, the Director of
Housing and Community Development, and the Executive Director
of the California Housing Finance Agency, or their designated
representatives. The Treasurer shall serve as the chairperson of
the committee. A majority of the committee may act for the
committee.

(b) For purposes of the State General Obligation Bond Law, the
department is designated the “board” for programs administered
by the department, and the agency is the “board” for programs
administered by the agency.

begin delete SEC. 430. end delete
begin insert SEC. 387. end insert   

Section 101080.2 of the Health and Safety Code is
amended to read:

101080.2.  

(a) The local health officer may issue, and first
responders may execute, an order authorizing first responders to
immediately isolate exposed individuals that may have been
exposed to biological, chemical, toxic, or radiological agents that
may spread to others. An order issued pursuant to this section shall
not be in effect for a period longer than two hours and shall only
be issued if the means are both necessary and the least restrictive
possible to prevent human exposure.

(b) Before any implementation of the authority in subdivision
(a), the local health officer shall establish a related memorandum
of understanding with first responders in his or her jurisdiction
that shall require consultation with the Office of Emergency
Services operational area coordinator, consistent with the
standardized emergency management system established pursuant
to Section 8607 of the Government Code, and shall include where
and how exposed subjects will be held pending decontamination
in the local jurisdiction. That memorandum of understanding shall
be made available to the public.

(c) A violation of an order issued by the local health officer and
executed by a first responder pursuant to subdivision (a) is a
misdemeanor, punishable by a fine of up to one thousand dollars
($1000), or by imprisonment in the county jail for a period of up
to 90 days, or by both.

begin delete SEC. 431. end delete
begin insert SEC. 388. end insert   

Section 105215 of the Health and Safety Code is
amended to read:

105215.  

(a) Any public employee, as defined in Section 811.4
of the Government Code, whose responsibilities include matters
relating to health and safety, protection of the environment, or the
use or transportation of any pesticide and who knows, or has
reasonable cause to believe, that a pesticide has been spilled or
otherwise accidentally released, shall promptly notify the local
health officer or the notification point specified in the local
hazardous materials response plan, where the plan has been
approved by the Office of Emergency Services and is in operation.
The operator of the notification point shall immediately notify the
local health officer of the pesticide spill report.

(b) The local health officer shall immediately notify the county
agricultural commissioner and, at his or her discretion, shall
immediately notify the Director of Environmental Health Hazard
Assessment of each report received. Within seven days after receipt
of any report, the local health officer shall notify the Director of
Pesticide Regulation, the Director of Environmental Health Hazard
Assessment, and the Director of Industrial Relations, on a form
prescribed by the Director of Environmental Health Hazard
Assessment, of each case reported to him or her pursuant to this
section.

(c) The Office of Environmental Health Hazard Assessment
shall designate a telephone number or numbers for use by local
health officers in the immediate notification of the office of a
pesticide spill report. The office shall from time to time establish
criteria for use by the local health officers in determining whether
the circumstances of a pesticide spill warrants the immediate
notification of the office.

begin delete SEC. 432. end delete
begin insert SEC. 389. end insert   

Section 114650 of the Health and Safety Code is
amended to read:

114650.  

(a) As used in this chapter, the following definitions
shall apply:

(1) “Agency” or “office” means the Office of Emergency
Services.

(2) “Department” means the State Department of Public Health.

(3) “Disburse or disbursement” means a payment in advance
from the Nuclear Planning Assessment Special Account, as
specified in paragraph (5) of subdivision (b) of Section 8610.5 of
the Government Code.

(4) “Emergency planning zone” means a zone identified in state
and local government emergency plans where immediate decisions
for effective public protective action from radiation may be
necessary.

(5) “Exercise” means an event that tests emergency plans and
organizations and that the Federal Emergency Management Agency
evaluates pursuant to Part 350 (commencing with Section 350.1)
of Subchapter E of Chapter I of Title 44 of the Code of Federal
Regulations.

(6) “Ingestion pathway phase” means the period beginning after
any release of radioactive material from a nuclear powerplant
accident when the plume emergency phase has ceased, and reliable
environmental measurements are available for making decisions
on additional protective actions to protect the food chain. The main
concern is to prevent exposure from ingestion of contaminated
water or food, such as milk, fresh vegetables, or aquatic foodstuffs.

(7) “Ingestion pathway zone” means the 50-mile radius around
each of the state’s nuclear powerplants in which protective actions
may be required to protect the food chain in the event of an
emergency.

(8) “Interjurisdictional Planning Committee” means the planning
committee, comprised of representatives of the Counties of Orange
and San Diego, the Cities of Dana Point, San Clemente, and San
Juan Capistrano, the Camp Pendleton Marine Corps Base, the State
Department of Parks and Recreation, and the Southern California
Edison Company, established as a mechanism for coordinating
integrated preparedness and response in the event of an emergency
at the San Onofre Nuclear Generating Station.

(9) “Local government” means a city or county that provides
emergency response for a nuclear powerplant emergency.

(10) “Local jurisdiction” means an entity that provides
emergency response for a nuclear powerplant emergency in
accordance with the plans of a local government.

(11) “Plume emergency phase” means the period beginning at
the onset of an emergency at a nuclear powerplant when immediate
decisions for public protective actions are needed.

(12) “Recovery phase” means the period when actions designed
to reduce radiation levels in the environment to acceptable levels
for unrestricted use are commenced, and ending when all recovery
actions have been completed.

(13) “Site” means the location of a nuclear powerplant and its
surrounding emergency planning zone.

begin delete SEC. 433. end delete
begin insert SEC. 390. end insert   

Section 114655 of the Health and Safety Code is
amended to read:

114655.  

(a) The Legislature hereby finds and declares as
follows:

(1) Existing law requires the development and maintenance of
a nuclear powerplant emergency response program by state and
local governments based on federal and state criteria.

(2) The office, in consultation with the department and the
counties, has investigated the consequences of a serious nuclear
powerplant accident and has established plume emergency phase
and ingestion pathway phase planning zones for each site. These
zones imply mutually supportive emergency planning and
preparedness arrangements by all levels of government.

(3) An integrated emergency planning program is necessary for
the benefit of the citizens within the planning zones.

(b) Nothing in this chapter limits the activities of any
government in carrying out its general responsibilities pertaining
to the public health and the safety aspects of emergency response.

begin delete SEC. 434. end delete
begin insert SEC. 391. end insert   

The heading of Article 2 (commencing with Section
114660) of Chapter 4 of Part 9 of Division 104 of the Health and
Safety Code is amended to read:

 

Article 2.  Responsibilities of the Office of Emergency Services

 

begin delete SEC. 435. end delete
begin insert SEC. 392. end insert   

Section 114660 of the Health and Safety Code is
amended to read:

114660.  

(a) The office is responsible for the coordination and
integration of all emergency planning programs and response plans
under this chapter. If there is a nuclear powerplant accident, the
office shall coordinate information and resources to support local
governments in a joint state and local government decisionmaking
process.

(b) The office shall perform all of the following duties and
functions:

(1) Coordinate the activities of all state agencies relating to
preparation and implementation of the State Nuclear Power Plant
Emergency Response Plan. The office shall be the focal point for
coordinating nuclear powerplant emergency preparedness activities
with local governments, other state agencies, federal agencies, and
other organizations.

(2) Exercise explicit ultimate authority for allocating funds from
the Nuclear Planning Assessment Special Account to local
governments.

(3) Coordinate and participate in exercises of the state’s nuclear
emergency response plan with each site during its federally
evaluated exercise.

(4) Ensure that state personnel are adequately trained to respond
in the event of an actual emergency. The exercises shall include
the department and other relevant state agencies.

(5) In consultation with the department, review protective action
recommendations developed by the utilities and local government
representatives.

(6) Coordinate planning guidance to state agencies and local
governments.

(7) Ensure the development and maintenance of the State
Nuclear Power Plant Emergency Response Plan and procedures
necessary to carry out those responsibilities and review and approve
state agency plans in draft prior to publication.

(8) Exercise discretionary authority regarding the formation of
interagency agreements with state agencies having local emergency
responsibilities, to ensure state agencies have updated emergency
plans and trained emergency response personnel to respond during
the plume emergency phase.

(9) Conduct a study similar to that described in Section 8610.3
of the Government Code, for any nuclear powerplant with a
generating capacity of 50 megawatts or more that is proposed for
licensing in this state.

begin delete SEC. 436. end delete
begin insert SEC. 393. end insert   

Section 114790 of the Health and Safety Code is
amended to read:

114790.  

The information transmitted to the radiation monitoring
displays in the technical support center or emergency operating
facility of a nuclear powerplant shall be simultaneously transmitted
to the Office of Emergency Services State Warning Center.

begin delete SEC. 437. end delete
begin insert SEC. 394. end insert   

Section 114820 of the Health and Safety Code is
amended to read:

114820.  

(a) The department, with the assistance of the Office
of Emergency Services, the State Energy Resources Conservation
and Development Commission, and the Department of the
California Highway Patrol shall, with respect to any fissile
radioactive material coming within the definition of “fissile class
II,” “fissile class III,” “large quantity radioactive materials,” or
“low-level radioactive waste” provided by the regulations of the
United States Department of Transportation (49 C.F.R. 173.389),
do all of the following:

(1) Study the adequacy of current packaging requirements for
radioactive materials.

(2) Study the effectiveness of special routing and timing of
radioactive materials shipments for the protection of the public
health.

(3) Study the advantages of establishing a tracking system for
shipments of most hazardous radioactive materials.

(b) The department, with the assistance of the Office of
Emergency Services, the State Energy Resources Conservation
and Development Commission, and the Department of the
California Highway Patrol, shall extend the nuclear emergency
response plan to include radioactive materials in transit and provide
training for law enforcement officers in dealing with those threats.

(c) Subject to Section 114765, the department, in cooperation
with the Department of the California Highway Patrol, shall adopt,
in accordance with Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code,
reasonable regulations that, in the judgment of the department,
promote the safe transportation of radioactive materials. The
regulations shall (1) prescribe the use of signs designating
radioactive material cargo; shall designate, in accordance with the
results of the studies done pursuant to subdivision (a), the manner
in which the shipper shall give notice of the shipment to appropriate
authorities; (2) prescribe the packing, marking, loading, and
handling of radioactive materials, and the precautions necessary
to determine whether the material when offered is in proper
condition to transport, but shall not include the equipment and
operation of the carrier vehicle; and (3) be reviewed and amended,
as required, pursuant to Section 114765. The regulations shall be
compatible with those established by the federal agency or agencies
required or permitted by federal law to establish the regulations.

(d) Subject to Section 114765, the Department of the California
Highway Patrol, after consulting with the department, shall adopt
regulations specifying the time at which shipments may occur and
the routes that are to be used in the transportation of cargoes of
hazardous radioactive materials, as those materials are defined in
regulations of the department.

begin delete SEC. 438. end delete
begin insert SEC. 395. end insert   

Section 115280 of the Health and Safety Code is
amended to read:

115280.  

(a) Each privately owned and publicly owned public
utility operating a nuclear powerplant with a generating capacity
of 50 megawatts or more shall install an automated alert system
that will activate alarms in the California State Warning Center of
the Office of Emergency Services in a manner to be determined
by the office in consultation with the department and the
appropriate county emergency services agency. This automated
alert system shall duplicate the following alarms in the control
rooms of each nuclear powerplant:

(1) Safety injection actuation (operation of the emergency core
cooling system).

(2) High radiation alarm of the radioactive gas effluent stack
monitor.

(b) The automated alert system shall be operative within 12
months of the effective date of this chapter.

(c) In no event shall the capital costs of complying with this
section exceed two hundred thousand dollars ($200,000) per
nuclear powerplant. The operator of each nuclear powerplant shall
be responsible for any maintenance or recurring charges. The funds
expended by privately owned utilities under this section shall be
allowed for ratemaking purposes by the Public Utilities
Commission. Publicly owned public utilities shall include funds
expended under this section in their rates.

(d) The automated alert system shall be operational whenever
corresponding alarms in the control rooms of each nuclear
powerplant are required to be operational under the terms of the
operating license issued by the Nuclear Regulatory Commission,
except for periods of time required for maintenance, repair,
calibration, or testing.

(e) Nothing in this section shall require plant modifications or
the conduct of operations that may be in conflict with conditions
of a license to operate issued by the Nuclear Regulatory
Commission or other activities authorized by the Nuclear
Regulatory Commission.

(f) The Office of Emergency Services shall make provision for
immediate notification of appropriate local officials upon activation
of the automated alert system pursuant to this section.

begin delete SEC. 439. end delete
begin insert SEC. 396. end insert   

Section 115295 of the Health and Safety Code is
amended to read:

115295.  

If the Humboldt Bay Nuclear Generating Station is
not in operation on the effective date of this section, the local
emergency plan for it shall not be required to meet the revised
emergency response plan requirements of Section 8610.5 of the
Government Code until the Nuclear Regulatory Commission
determines that the powerplant meets Nuclear Regulatory
Commission seismic safety criteria, or until the Nuclear Regulatory
Commission issues an order rescinding the restrictions imposed
on the Humboldt Bay Nuclear Generating Station in its order of
May 21, 1976.

In the event that the Nuclear Regulatory Commission determines
that the Humboldt Bay Nuclear Generating Station meets Nuclear
Regulatory Commission seismic safety standards, or issues an
order rescinding the restrictions in its order of May 21, 1976, a
draft county emergency plan meeting the requirements of Section
8610.5 of the Government Code shall be submitted to the Office
of Emergency Services for review within 180 days of the
determination or rescission. Within 90 days after submission of
the draft county emergency plan, approval of a final plan shall be
completed by the Office of Emergency Services.

begin delete SEC. 440. end delete
begin insert SEC. 397. end insert   

Section 115340 of the Health and Safety Code is
amended to read:

115340.  

(a) The State Department of Health begin insert Care end insert Services
shall work with the KI working group, which is coordinated by
the Office of Emergency Services, to establish and implement a
program to oversee the distribution of potassium iodide (KI) tablets
to all persons who reside, work, visit, or attend school within the
state-designated emergency planning zone of an operational nuclear
powerplant, in order to provide protection to members of the public
in the event of an accident causing leakage of radioactive iodine,
pursuant to the offer of the Nuclear Regulatory Commission to
provide the state with a supply of KI tablets.

(b) In order to implement the program required by subdivision
(a), the department, in consultation with local health departments
and local emergency management agencies, shall develop and
implement a plan for both of the following:

(1) The prompt distribution of the tablets to persons at risk in
the event of a nuclear emergency, in a manner to best protect the
public health.

(2) The dissemination of instructions on the use of the tablets,
including the possible need for medical consultation, if indicated.

(c) The department shall work with the KI working group
described in subdivision (a) to develop and implement a plan and
method for the efficient storage of KI tablets.

(d) The department, in consultation with the KI working group,
shall evaluate areas in the state, other than those described in
subdivision (a), in which leakage of radioactive iodine is possible,
and evaluate the need to store quantities of KI tablets in those
areas.

(e) No later than July 1, 2004, the department shall submit a
plan to the Governor and the Legislature on the establishment and
implementation of the program required pursuant to subdivisions
(a) and (b), and on the development and implementation of the
plan and method required in subdivision (c). No later than July 1,
2004, the department shall also submit to the Governor and the
Legislature the evaluation required in subdivision (d).

begin delete

SEC. 441.  

Section 124174.2 of the Health and Safety Code is
amended to read:

124174.2.  

(a) The department, in cooperation with the State
Department of Education, shall establish a Public School Health
Center Support Program.

(b) The program, in collaboration with the State Department of
Education, shall perform the following program functions:

(1) Provide technical assistance to school health centers on
effective outreach and enrollment strategies to identify children
who are eligible for, but not enrolled in, the Medi-Cal program,
the Healthy Families Program, or any other applicable program.

(2) Serve as a liaison between organizations within the
department, including, but not limited to, prevention services,
primary care, and family health.

(3) Serve as a liaison between other state entities, as appropriate,
including, but not limited to, the State Department of Health Care
Services, the State Department of Alcohol and Drug Programs,
the Department of Managed Health Care, the Office of Emergency
Services, and the Managed Risk Medical Insurance Board.

(4) Provide technical assistance to facilitate and encourage the
establishment, retention, or expansion of, school health centers.
For purposes of this paragraph, technical assistance may include,
but is not limited to, identifying available public and private
sources of funding, which may include federal Medicaid funds,
funds from third-party reimbursements, and available federal or
foundation grant moneys.

(c) The department shall consult with interested parties and
appropriate stakeholders, including the California School Health
Centers Association and representatives of youth and parents, in
carrying out its responsibilities under this article.

end delete

begin delete SEC. 442. end delete
begin insert SEC. 398. end insert   

Section 130055 of the Health and Safety Code is
amended to read:

130055.  

Within 60 days following the office’s approval of the
report submitted pursuant to subdivision (b) of Section 130050,
general acute hospital building owners shall do all of the following:

(a) Inform the local office of emergency services or the
equivalent agency, the Office of Emergency Services, and the
office, of each building’s expected earthquake performance.

(b) Include all pertinent information regarding the building’s
expected earthquake performance in emergency training, response,
and recovery plans.

(c) Include all pertinent information regarding the building’s
expected earthquake performance in capital outlay plans.

begin delete SEC. 443. end delete
begin insert SEC. 399. end insert   

Section 12406.5 of the Insurance Code is amended
to read:

12406.5.  

(a) The commissioner shall develop, publish, and
disseminate a brochure for consumers who are required to buy title
insurance as part of a residential real estate transaction. The
brochure shall inform consumers that competing title insurers and
underwritten title companies may offer different costs or services
for the title insurance required in the transaction. The brochure
shall also inform consumers about the potential availability of
discounts in cases involving first-time buyers, short-term rates if
a home is resold in less than a five-year period, concurrent rates
if the company is providing both the homeowners’ and the lenders’
title insurance policies in the transaction, subdivision bulk rates if
the property being purchased is in a new subdivision, refinancing
discounts, short-term financing rates, and discounts that may be
available in other special cases. The brochure shall encourage
consumers to contact more than one title insurer or underwritten
title company in order to compare costs and services.

(b) The brochure developed pursuant to subdivision (a) shall
include the department’s toll-free consumer assistance telephone
number and shall invite consumers to call the department if they
need assistance.

(c) The department shall display the brochure developed
pursuant to subdivision (a) on its Internet Web site, and the
brochure shall include the department’s Internet address.

(d) The brochure developed pursuant to subdivision (a) shall
also educate consumers about laws involving unlawful
commissions and rebates associated with the placement or referral
of title insurance and shall encourage consumers to report to the
department, to the Bureau of Real Estate, and to any other
appropriate government agencies any suspected incidents of
probable unlawful commissions or rebates subject to Article 6.5
(commencing with Section 12414).

(e) One copy of the brochure developed pursuant to this section
shall be made available to a member of the public at no cost, and
the department may charge its actual cost for providing additional
copies. The brochure shall be made available for reproduction at
no cost to any vendor who wishes to publish the brochure as
written, provided any vendor who wishes to publish the brochure
agrees to submit any documents containing the brochure to the
department prior to publication.

begin delete SEC. 444. end delete
begin insert SEC. 400. end insert   

Section 12414.31 of the Insurance Code is amended
to read:

12414.31.  

(a) (1) Whenever the commissioner takes any
formal enforcement or disciplinary action directly against an
employee of a title insurer, underwritten title company, or
controlled escrow company, for malfeasance or misconduct
committed by the employee in his or her performance of escrow
related services, upon the action becoming final the commissioner
shall notify the Real Estate Commissioner and the Commissioner
of Corporations of the action or actions taken. The purpose of this
notification is to alert the departments that enforcement or
disciplinary action has been taken, if the employee seeks or obtains
employment with entities regulated by the departments.

(2) The commissioner shall provide the Real Estate
Commissioner and the Commissioner of Corporations, in addition
to the notification of the action taken, with a copy of the written
accusation, statement of issues, or order issued or filed in the matter
and, at the request of the Real Estate Commissioner or
Commissioner of Corporations, with any underlying factual
material relevant to the enforcement or disciplinary action. Any
confidential information provided by the commissioner to the
Commissioner of Corporations or the Real Estate Commissioner
shall not be made public pursuant to this section. Notwithstanding
any other provision of law, the disclosure of any underlying factual
material to the Commissioner of Corporations or the Real Estate
Commissioner shall not operate as a waiver of confidentiality or
any privilege that the commissioner may assert.

(b) The commissioner shall establish and maintain, on the Web
site maintained by the Department of Insurance, a separate and
readily identifiable database of all persons who have been subject
to any enforcement or disciplinary action that triggers the
notification requirements of this section. The database shall also
contain a direct link to the databases, described in Section 10176.1
of the Business and Professions Code and Section 17423.1 of the
Financial Code and required to be maintained on the Web sites of
the Bureau of Real Estate and the Department of Corporations,
respectively, of persons who have been subject to enforcement or
disciplinary action for malfeasance or misconduct related to the
escrow industry by the Commissioner of Corporations and the
Real Estate Commissioner.

(c) There shall be no liability on the part of, and no cause of
action of any nature shall arise against, the State of California, the
Department of Insurance, the Insurance Commissioner, any other
state agency, or any officer, agent, employee, consultant, or
contractor of the state, for the release of any false or unauthorized
information pursuant to this section, unless the release of that
information was done with knowledge and malice, or for the failure
to release any information pursuant to this section.

begin delete SEC. 445. end delete
begin insert SEC. 401. end insert   

Section 16020 of the Insurance Code is amended to
read:

16020.  

The commissioner, in consultation with the Office of
Emergency Services and other emergency service agencies, shall
establish a method for identification of representatives of insurers.

begin delete SEC. 446. end delete
begin insert SEC. 402. end insert   

Section 16030 of the Insurance Code is amended to
read:

16030.  

(a) The commissioner, in cooperation with insurers,
the Office of Emergency Services, and other emergency service
agencies, shall establish procedures for the coordination of efforts
between insurers and their representatives and those of emergency
response agencies.

(b) The commissioner shall assign a representative of the
commissioner to work within the state’s regional emergency
operations centers. The representative shall complete the
appropriate Standardized Emergency Management Systems
training.

(c) All insurance disaster assessment team members shall
complete the appropriate Standardized Emergency Management
Systems training.

begin delete SEC. 447. end delete
begin insert SEC. 403. end insert   

Section 3211.91 of the Labor Code is amended to
read:

3211.91.  

“Accredited disaster council” means a disaster council
that is certified by the Office of Emergency Services as conforming
with the rules and regulations established by the office pursuant
to Article 10 (commencing with Section 8610) of Chapter 7 of
Division 1 of Title 2 of the Government Code. A disaster council
remains accredited only while the certification of the Office of
Emergency Services is in effect and is not revoked.

begin delete SEC. 448. end delete
begin insert SEC. 404. end insert   

Section 4350 of the Labor Code is amended to read:

4350.  

The Office of Emergency Services shall administer this
chapter as it relates to volunteer disaster service workers.

begin delete SEC. 449. end delete
begin insert SEC. 405. end insert   

Section 433.5 of the Military and Veterans Code is
amended to read:

433.5.  

All state armories may be used for emergency purposes
on such terms and conditions as shall be mutually agreeable to the
Military Department and the Office of Emergency Services.

begin delete SEC. 450. end delete
begin insert SEC. 406. end insert   

Section 273.82 of the Penal Code is amended to
read:

273.82.  

Spousal abuser prosecution units receiving funds under
this chapter shall concentrate enhanced prosecution efforts and
resources upon individuals identified under selection criteria set
forth in Section 273.83. Enhanced prosecution efforts and resources
shall include, but not be limited to, all of the following:

(a) (1) Vertical prosecutorial representation, whereby the
prosecutor who, or prosecution unit that, makes all major court
appearances on that particular case through its conclusion,
including bail evaluation, preliminary hearing, significant law and
motion litigation, trial, and sentencing.

(2) Vertical counselor representation, whereby a trained
domestic violence counselor maintains liaison from initial court
appearances through the case’s conclusion, including the sentencing
phase.

(b) The assignment of highly qualified investigators and
prosecutors to spousal abuser cases. “Highly qualified” for the
purposes of this chapter means any of the following:

(1) Individuals with one year of experience in the investigation
and prosecution of felonies.

(2) Individuals with at least two years of experience in the
investigation and prosecution of misdemeanors.

(3) Individuals who have attended a program providing domestic
violence training as approved by the Office of Emergency Services
or the Department of Justice.

(c) A significant reduction of caseloads for investigators and
prosecutors assigned to spousal abuser cases.

(d) Coordination with local rape victim counseling centers,
spousal abuse services programs, and victim-witness assistance
programs. That coordination shall include, but not be limited to:
referrals of individuals to receive client services; participation in
local training programs; membership and participation in local
task forces established to improve communication between criminal
justice system agencies and community service agencies; and
cooperating with individuals serving as liaison representatives of
local rape victim counseling centers, spousal abuse victim
programs, and victim-witness assistance programs.

begin delete

SEC. 451.  

Section 326.3 of the Penal Code is amended to read:

326.3.  

(a) The Legislature finds and declares all of the
following:

(1) Nonprofit organizations provide important and essential
educational, philanthropic, and social services to the people of the
state.

(2) One of the great strengths of California is a vibrant nonprofit
sector.

(3) Nonprofit and philanthropic organizations touch the lives
of every Californian through service and employment.

(4) Many of these services would not be available if nonprofit
organizations did not provide them.

(5) There is a need to provide methods of fundraising to
nonprofit organizations to enable them to provide these essential
services.

(6) Historically, many nonprofit organizations have used
charitable bingo as one of their key fundraising strategies to
promote the mission of the charity.

(7) Legislation is needed to provide greater revenues for
nonprofit organizations to enable them to fulfill their charitable
purposes, and especially to meet their increasing social service
obligations.

(8) Legislation is also needed to clarify that existing law requires
that all charitable bingo must be played using a tangible card and
that the only permissible electronic devices to be used by charitable
bingo players are card-minding devices.

(b) Neither the prohibition on gambling in this chapter nor in
Chapter 10 (commencing with Section 330) applies to any remote
caller bingo game that is played or conducted in a city, county, or
city and county pursuant to an ordinance enacted under Section
19 of Article IV of the California Constitution, if the ordinance
allows a remote caller bingo game to be played or conducted only
in accordance with this section, including the following
requirements:

(1) The game may be conducted only by the following
organizations:

(A) An organization that is exempted from the payment of the
taxes imposed under the Corporation Tax Law by Section 23701a,
23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or
23701w of the Revenue and Taxation Code.

(B) A mobilehome park association.

(C) A senior citizens organization.

(D) Charitable organizations affiliated with a school district.

(2) The organization conducting the game shall have been
incorporated or in existence for three years or more.

(3) The organization conducting the game shall be licensed
pursuant to subdivision (l) of Section 326.5.

(4) The receipts of the game shall be used only for charitable
purposes. The organization conducting the game shall determine
the disbursement of the net receipts of the game.

(5) The operation of bingo may not be the primary purpose for
which the organization is organized.

(c) (1) A city, county, or city and county may adopt an
ordinance in substantially the following form to authorize remote
caller bingo in accordance with the requirements of subdivision
(b):

 

Sec. _.01. Legislative Authorization.

This chapter is adopted pursuant to Section 19 of Article IV of
the California Constitution, as implemented by Sections 326.3 and
326.4 of the Penal Code.

Sec. _.02. Remote Caller Bingo Authorized.

Remote Caller Bingo may be lawfully played in the [City,
County, or City and County] pursuant to the provisions of Sections
326.3 and 326.4 of the Penal Code, and this chapter, and not
otherwise.

Sec. _.03. Qualified Applicants: Applicants for Licensure.

(a) The following organizations are qualified to apply to the
License Official for a license to operate a bingo game if the receipts
of those games are used only for charitable purposes:

(1) An organization exempt from the payment of the taxes
imposed under the Corporation Tax Law by Section 23701a,
23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or
23701w of the Revenue and Taxation Code.

(2) A mobile home park association of a mobile home park that
is situated in the [City, County, or City and County].

(3) Senior citizen organizations.

(4) Charitable organizations affiliated with a school district.

(b) The application shall be in a form prescribed by the License
Official and shall be accompanied by a nonrefundable filing fee
in an amount determined by resolution of the [Governing Body of
the City, County, or City and County] from time to time. The
following documentation shall be attached to the application, as
applicable:

(1) A certificate issued by the Franchise Tax Board certifying
that the applicant is exempt from the payment of the taxes imposed
under the Corporation Tax Law pursuant to Section 23701a,
23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or
23701w of the Revenue and Taxation Code. In lieu of a certificate
issued by the Franchise Tax Board, the License Official may refer
to the Franchise Tax Board’s Internet Web site to verify that the
applicant is exempt from the payment of the taxes imposed under
the Corporation Tax Law.

(2) Other evidence as the License Official determines is
necessary to verify that the applicant is a duly organized mobile
home park association of a mobile home park situated in the [City,
County, or City and County].

Sec. _.04. License Application: Verification.

The license shall not be issued until the License Official has
verified the facts stated in the application and determined that the
applicant is qualified.

Sec. _.05. Annual Licenses.

A license issued pursuant to this chapter shall be valid until the
end of the calendar year, at which time the license shall expire. A
new license shall only be obtained upon filing a new application
and payment of the license fee. The fact that a license has been
issued to an applicant creates no vested right on the part of the
licensee to continue to offer bingo for play. The [Governing Body
of the City, County, or City and County] expressly reserves the
right to amend or repeal this chapter at any time by resolution. If
this chapter is repealed, all licenses issued pursuant to this chapter
shall cease to be effective for any purpose on the effective date of
the repealing resolution.

Sec. _.06. Conditions of Licensure.

(a) Any license issued pursuant to this chapter shall be subject
to the conditions contained in Sections 326.3 and 326.4 of the
Penal Code, and each licensee shall comply with the requirements
of those provisions.

(b) Each license issued pursuant to this chapter shall be subject
to the following additional conditions:

(1) Bingo games shall not be conducted by any licensee on more
than two days during any week, except that a licensee may hold
one additional game, at its election, in each calendar quarter.

(2) The licensed organization is responsible for ensuring that
the conditions of this chapter and Sections 326.3 and 326.4 of the
Penal Code are complied with by the organization and its officers
and members. A violation of any one or more of those conditions
or provisions shall constitute cause for the revocation of the
organization’s license. At the request of the organization, the
[Governing Body of the City, County, or City and County] shall
hold a public hearing before revoking any license issued pursuant
to this chapter.

 

(2) Nothing in this section shall require a city, county, or city
and county to use this model ordinance in order to authorize remote
caller bingo.

(d) It is a misdemeanor for any person to receive or pay a profit,
wage, or salary from any remote caller bingo game, provided that
administrative, managerial, technical, financial, and security
personnel employed by the organization conducting the bingo
game may be paid reasonable fees for services rendered from the
revenues of bingo games, as provided in subdivision (m), except
that fees paid under those agreements shall not be determined as
a percentage of receipts or other revenues from, or be dependant
on the outcome of, the game.

(e) A violation of subdivision (d) shall be punishable by a fine
not to exceed ten thousand dollars ($10,000), which fine shall be
deposited in the general fund of the city, county, or city and county
that enacted the ordinance authorizing the remote caller bingo
game. A violation of any provision of this section, other than
subdivision (d), is a misdemeanor.

(f) The city, county, or city and county that enacted the
ordinance authorizing the remote caller bingo game, or the Attorney
General, may bring an action to enjoin a violation of this section.

(g) No minors shall be allowed to participate in any remote
caller bingo game.

(h) A remote caller bingo game shall not include any site that
is not located within this state.

(i) An organization authorized to conduct a remote caller bingo
game pursuant to subdivision (b) shall conduct the game only on
property that is owned or leased by the organization, or the use of
which is donated to the organization. Nothing in this subdivision
shall be construed to require that the property that is owned or
leased by, or the use of which is donated to, the organization be
used or leased exclusively by, or donated exclusively to, that
organization.

(j) (1) All remote caller bingo games shall be open to the public,
not just to the members of the authorized organization.

(2) No more than 750 players may participate in a remote caller
bingo game in a single location.

(3) If the Governor or the President of the United States declares
a state of emergency in response to a natural disaster or other public
catastrophe occurring in California, an organization authorized to
conduct remote caller bingo games may, while that declaration is
in effect, conduct a remote caller bingo game pursuant to this
section with more than 750 participants in a single venue if the net
proceeds of the game, after deduction of prizes and overhead
expenses, are donated to or expended exclusively for the relief of
the victims of the disaster or catastrophe, and the organization
gives the California Gambling Control Commission at least 10
days’ written notice of the intent to conduct that game.

(4) An organization authorized to conduct remote caller bingo
games shall provide the commission with at least 30 days’ advance
written notice of its intent to conduct a remote caller bingo game.
That notice shall include all of the following:

(A) The legal name of the organization and the address of record
of the agent upon whom legal notice may be served.

(B) The locations of the caller and remote players, whether the
property is owned by the organization or donated, and if donated,
by whom.

(C) The name of the licensed caller and site manager.

(D) The names of administrative, managerial, technical,
financial, and security personnel employed.

(E) The name of the vendor and any person or entity maintaining
the equipment used to operate and transmit the game.

(F) The name of the person designated as having a fiduciary
responsibility for the game pursuant to paragraph (2) of subdivision
(k).

(G) The license numbers of all persons specified in
subparagraphs (A) to (F), inclusive, who are required to be licensed.

(H) A copy of the local ordinance for any city, county, or city
and county in which the game will be played. The commission
shall post the ordinance on its Internet Web site.

(k) (1) A remote caller bingo game shall be operated and staffed
only by members of the authorized organization that organized it.
Those members shall not receive a profit, wage, or salary from
any remote caller bingo game. Only the organization authorized
to conduct a remote caller bingo game shall operate that game, or
participate in the promotion, supervision, or any other phase of a
remote caller bingo game. Subject to the provisions of subdivision
(m), this subdivision shall not preclude the employment of
administrative, managerial, technical, financial, or security
personnel who are not members of the authorized organization at
a location participating in the remote caller bingo game by the
organization conducting the game. Notwithstanding any other
provision of law, exclusive or other agreements between the
authorized organization and other entities or persons to provide
services in the administration, management, or conduct of the game
shall not be considered a violation of the prohibition against
holding a legally cognizable financial interest in the conduct of
the remote caller bingo game by persons or entities other than the
charitable organization, or other entity authorized to conduct the
remote caller bingo games, provided that those persons or entities
obtain the gambling licenses, the key employee licenses, or the
work permits required by, and otherwise comply with, Chapter 5
(commencing with Section 19800) of Division 8 of the Business
and Professions Code. Fees to be paid under any such agreements
shall be reasonable and shall not be determined as a percentage of
receipts or other revenues from, or be dependent on the outcome
of, the game.

(2) An organization that conducts a remote caller bingo game
shall designate a person as having fiduciary responsibility for the
game.

(l) No individual, corporation, partnership, or other legal entity,
except the organization authorized to conduct or participate in a
remote caller bingo game, shall hold a legally cognizable financial
interest in the conduct of such a game.

(m) An organization authorized to conduct a remote caller bingo
game pursuant to this section shall not have overhead costs
exceeding 20 percent of gross sales, except that the limitations of
this section shall not apply to one-time, nonrecurring capital
acquisitions. For purposes of this subdivision, “overhead costs”
includes, but is not limited to, amounts paid for rent and equipment
leasing and the reasonable fees authorized to be paid to
administrative, managerial, technical, financial, and security
personnel employed by the organization pursuant to subdivision
(d). For the purpose of keeping its overhead costs below 20 percent
of gross sales, an authorized organization may elect to deduct all
or a portion of the fees paid to financial institutions for the use and
processing of credit card sales from the amount of gross revenues
awarded for prizes. In that case, the redirected fees for the use and
processing of credit card sales shall not be included in “overhead
costs” as defined in the California Remote Caller Bingo Act.
Additionally, fees paid to financial institutions for the use and
processing of credit card sales shall not be deducted from the
proceeds retained by the charitable organization.

(n) No person shall be allowed to participate in a remote caller
bingo game unless the person is physically present at the time and
place where the remote caller bingo game is being conducted. A
person shall be deemed to be physically present at the place where
the remote caller bingo game is being conducted if he or she is
present at any of the locations participating in the remote caller
bingo game in accordance with this section.

(o) (1) An organization shall not cosponsor a remote caller
bingo game with one or more other organizations unless one of
the following is true:

(A) All of the cosponsors are affiliated under the master charter
or articles and bylaws of a single organization.

(B) All of the cosponsors are affiliated through an organization
described in paragraph (1) of subdivision (b), and have the same
Internal Revenue Service activity code.

(2) Notwithstanding paragraph (1), a maximum of 10
unaffiliated organizations described in paragraph (1) of subdivision
(b) may enter into an agreement to cosponsor a remote caller game,
provided that the game shall have not more than 10 locations.

(3) An organization shall not conduct remote caller bingo more
than two days per week.

(4) Before sponsoring or operating any game authorized under
paragraph (1) or (2), each of the cosponsoring organizations shall
have entered into a written agreement, a copy of which shall be
provided to the commission, setting forth how the expenses and
proceeds of the game are to be allocated among the participating
organizations, the bank accounts into which all receipts are to be
deposited and from which all prizes are to be paid, and how game
records are to be maintained and subjected to annual audit.

(p) The value of prizes awarded during the conduct of any
remote caller bingo game shall not exceed 37 percent of the gross
receipts for that game. When an authorized organization elects to
deduct fees paid for the use and processing of credit card sales
from the amount of gross revenues for that game awarded for
prizes, the maximum amount of gross revenues that may be
awarded for prizes shall not exceed 37 percent of the gross receipts
for that game, less the amount of redirected fees paid for the use
and processing of credit card sales. Every remote caller bingo game
shall be played until a winner is declared. Progressive prizes are
prohibited. The declared winner of a remote caller bingo game
shall provide his or her identifying information and a mailing
address to the onsite manager of the remote caller bingo game.
Prizes shall be paid only by check; no cash prizes shall be paid.
The organization conducting the remote caller bingo game may
issue a check to the winner at the time of the game, or may send
a check to the declared winner by United States Postal Service
certified mail, return receipt requested. All prize money exceeding
state and federal exemption limits on prize money shall be subject
to income tax reporting and withholding requirements under
applicable state and federal laws and regulations and those reports
and withholding shall be forwarded, within 10 business days, to
the appropriate state or federal agency on behalf of the winner. A
report shall accompany the amount withheld identifying the person
on whose behalf the money is being sent. Any game interrupted
by a transmission failure, electrical outage, or act of God shall be
considered void in the location that was affected. A refund for a
canceled game or games shall be provided to the purchasers.

(q) (1) The California Gambling Control Commission shall
regulate remote caller bingo, including, but not limited to, licensure
and operation. The commission shall establish reasonable criteria
regulating, and shall require the licensure of, the following:

(A) Any person who conducts a remote caller bingo game
pursuant to this section, including, but not limited to, an employee,
a person having fiduciary responsibility for a remote caller bingo
game, a site manager, and a bingo caller.

(B) Any person who directly or indirectly manufactures,
distributes, supplies, vends, leases, or otherwise provides supplies,
devices, services, or other equipment designed for use in the
playing of a remote caller bingo game by any nonprofit
organization.

(C) Beginning January 31, 2009, or a later date as may be
established by the commission, all persons described in
subparagraph (A) or (B) may submit to the commission a letter of
intent to submit an application for licensure. The letter shall clearly
identify the principal applicant, all categories under which the
application will be filed, and the names of all those particular
individuals who are applying. Each charitable organization shall
provide an estimate of the frequency with which it plans to conduct
remote caller bingo operations, including the number of locations.
The letter of intent may be withdrawn or updated at any time.

(2) (A) The Department of Justice shall conduct background
investigations and conduct field enforcement as it relates to remote
caller bingo consistent with the Gambling Control Act (Chapter 5
(commencing with Section 19800) of Division 8 of the Business
and Professions Code) and as specified in regulations promulgated
by the commission.

(B) Fees to cover background investigation costs shall be paid
and accounted for in accordance with Section 19867 of the
Business and Professions Code.

(3) (A) Every application for a license or approval shall be
submitted to the department and accompanied by a nonrefundable
fee, the amount of which shall be adopted by the commission by
regulation.

(B) Fees and revenue collected pursuant to this paragraph shall
be deposited in the California Bingo Fund, which is hereby created
in the State Treasury. The funds deposited in the California Bingo
Fund shall be available, upon appropriation by the Legislature, for
expenditure by the commission and the department exclusively
for the support of the commission and department in carrying out
their duties and responsibilities under this section and Section
326.5.

(C) A loan is hereby authorized from the Gambling Control
Fund to the California Bingo Fund on or after January 1, 2009, in
an amount of up to five hundred thousand dollars ($500,000) to
fund operating, personnel, and other startup costs incurred by the
commission and the department relating to this section. Funds
from the California Bingo Fund shall be available to the
commission and the department upon appropriation by the
Legislature in the annual Budget Act. The loan shall be subject to
all of the following conditions:

(i) The loan shall be repaid to the Gambling Control Fund as
soon as there is sufficient money in the California Bingo Fund to
repay the amount loaned, but no later than five years after the date
of the loan.

(ii) Interest on the loan shall be paid from the California Bingo
Fund at the rate accruing to moneys in the Pooled Money
Investment Account.

(iii) The terms and conditions of the loan are approved, prior
to the transfer of funds, by the Department of Finance pursuant to
appropriate fiscal standards.

The commission may assess and the department may collect
reasonable fees and deposits as necessary to defray the costs of
regulation and oversight.

(r) The administrative, managerial, technical, financial, and
security personnel employed by an organization that conducts
remote caller bingo games shall apply for, obtain, and thereafter
maintain valid work permits, as defined in Section 19805 of the
Business and Professions Code.

(s) An organization that conducts remote caller bingo games
shall retain records in connection with the remote caller bingo
game for five years.

(t) (1) All equipment used for remote caller bingo shall be
approved in advance by the California Gambling Control
Commission pursuant to regulations adopted pursuant to
subdivision (r) of Section 19841 of the Business and Professions
Code.

(2) The California Gambling Control Commission shall monitor
operation of the transmission and other equipment used for remote
caller bingo, and monitor the game.

(u) (1) As used in this section, “remote caller bingo game”
means a game of bingo, as defined in subdivision (o) of Section
326.5, in which the numbers or symbols on randomly drawn plastic
balls are announced by a natural person present at the site at which
the live game is conducted, and the organization conducting the
bingo game uses audio and video technology to link any of its
in-state facilities for the purpose of transmitting the remote calling
of a live bingo game from a single location to multiple locations
owned, leased, or rented by that organization, or as described in
subdivision (o) of this section. The audio or video technology used
to link the facilities may include cable, Internet, satellite,
broadband, or telephone technology, or any other means of
electronic transmission that ensures the secure, accurate, and
simultaneous transmission of the announcement of numbers or
symbols in the game from the location at which the game is called
by a natural person to the remote location or locations at which
players may participate in the game. The drawing of each ball
bearing a number or symbol by the natural person calling the game
shall be visible to all players as the ball is drawn, including through
a simultaneous live video feed at remote locations at which players
may participate in the game.

(2) The caller in the live game must be licensed by the California
Gambling Control Commission. A game may be called by a
nonlicensed caller if the drawing of balls and calling of numbers
or symbols by that person is observed and personally supervised
by a licensed caller.

(3) Remote caller bingo games shall be played using traditional
paper or other tangible bingo cards and daubers, and shall not be
played by using electronic devices, except card-minding devices,
as described in paragraph (1) of subdivision (p) of Section 326.5.

(4) Prior to conducting a remote caller bingo game, the
organization that conducts remote caller bingo shall submit to the
commission the controls, methodology, and standards of game
play, which shall include, but not be limited to, the equipment used
to select bingo numbers and create or originate cards, control or
maintenance, distribution to participating locations, and distribution
to players. Those controls, methodologies, and standards shall be
subject to prior approval by the department, provided that the
controls shall be deemed approved by the department after 90 days
from the date of submission unless disapproved.

(v) A location shall not be eligible to participate in a remote
caller bingo game if bingo games are conducted at that location
in violation of Section 326.5 or any regulation adopted by the
commission pursuant to Section 19841 of the Business and
Professions Code, including, but not limited to, a location at which
unlawful electronic devices are used.

(w) (1) The vendor of the equipment used in a remote caller
bingo game shall have its books and records audited at least
annually by an independent California certified public accountant
and shall submit the results of that audit to the department within
120 days after the close of the vendor’s fiscal year. In addition,
the department may audit the books and records of the vendor at
any time.

(2) An authorized organization that conducts remote caller bingo
games shall provide copies of the records pertaining to those games
to the Department of Justice within 30 days after the end of each
calendar quarter. In addition, those records shall be audited by an
independent California certified public accountant at least annually
and copies of the audit reports shall be provided to the department
within 120 days after the close of the organization’s fiscal year.
The audit report shall account for the annual amount of fees paid
to financial institutions for the use and processing of credit card
sales by the authorized organization and the amount of fees for
the use and processing of credit card sales redirected from
“overhead costs” and deducted from the amount of gross revenues
awarded for prizes.

(3) The costs of the licensing and audits required by this section
shall be borne by the person or entity required to be licensed or
audited. The audit shall enumerate the receipts for remote caller
bingo, the prizes disbursed, the overhead costs, and the amount
retained by the nonprofit organization. The department may audit
the books and records of an organization that conducts remote
caller bingo games at any time.

(4) If, during an audit, the department identifies practices in
violation of this section, the license for the audited entity may be
suspended pending review and hearing before the commission for
a final determination.

(5) No audit required to be conducted by the department shall
commence before January 1, 2010.

(x) (1) The provisions of this section are severable. If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.

(2) Notwithstanding paragraph (1), if paragraph (1) or (3) of
subdivision (u), or the application of either of those provisions, is
held invalid, this entire section shall be invalid.

(y) The commission shall submit a report to the Legislature, on
or before January 1, 2012, on the fundraising effectiveness and
regulation of remote caller bingo, and other matters that are relevant
to the public interest regarding remote caller bingo.

(z) The following definitions apply for purposes of this section:

(1) “Commission” means the California Gambling Control
Commission.

(2) “Department” means the Department of Justice.

(3) “Person” includes a natural person, corporation, limited
liability company, partnership, trust, joint venture, association, or
any other business organization.

SEC. 452.  

Section 326.5 of the Penal Code is amended to read:

326.5.  

(a) Neither the prohibition on gambling in this chapter
nor in Chapter 10 (commencing with Section 330) applies to any
bingo game that is conducted in a city, county, or city and county
pursuant to an ordinance enacted under Section 19 of Article IV
of the California Constitution, if the ordinance allows games to be
conducted only in accordance with this section and only by
organizations exempted from the payment of the bank and
corporation tax by Sections 23701a, 23701b, 23701d, 23701e,
23701f, 23701g, 23701k, 23701w, and 23701l of the Revenue and
Taxation Code and by mobilehome park associations, senior
citizens organizations, and charitable organizations affiliated with
a school district; and if the receipts of those games are used only
for charitable purposes.

(b) It is a misdemeanor for any person to receive or pay a profit,
wage, or salary from any bingo game authorized by Section 19 of
Article IV of the State Constitution. Security personnel employed
by the organization conducting the bingo game may be paid from
the revenues of bingo games, as provided in subdivisions (j) and
(k).

(c) A violation of subdivision (b) shall be punishable by a fine
not to exceed ten thousand dollars ($10,000), which fine is
deposited in the general fund of the city, county, or city and county
that enacted the ordinance authorizing the bingo game. A violation
of any provision of this section, other than subdivision (b), is a
misdemeanor.

(d) The city, county, or city and county that enacted the
ordinance authorizing the bingo game may bring an action to enjoin
a violation of this section.

(e) No minors shall be allowed to participate in any bingo game.

(f) An organization authorized to conduct bingo games pursuant
to subdivision (a) shall conduct a bingo game only on property
owned or leased by it, or property whose use is donated to the
organization, and which property is used by that organization for
an office or for performance of the purposes for which the
organization is organized. Nothing in this subdivision shall be
construed to require that the property owned or leased by, or whose
use is donated to, the organization be used or leased exclusively
by, or donated exclusively to, that organization.

(g) All bingo games shall be open to the public, not just to the
members of the authorized organization.

(h) A bingo game shall be operated and staffed only by members
of the authorized organization that organized it. Those members
shall not receive a profit, wage, or salary from any bingo game.
Only the organization authorized to conduct a bingo game shall
operate such a game, or participate in the promotion, supervision,
or any other phase of a bingo game. This subdivision does not
preclude the employment of security personnel who are not
members of the authorized organization at a bingo game by the
organization conducting the game.

(i) No individual, corporation, partnership, or other legal entity,
except the organization authorized to conduct a bingo game, shall
hold a financial interest in the conduct of a bingo game.

(j) With respect to organizations exempt from payment of the
bank and corporation tax by Section 23701d of the Revenue and
Taxation Code, all profits derived from a bingo game shall be kept
in a special fund or account and shall not be commingled with any
other fund or account. Those profits shall be used only for
charitable purposes.

(k) With respect to other organizations authorized to conduct
bingo games pursuant to this section, all proceeds derived from a
bingo game shall be kept in a special fund or account and shall not
be commingled with any other fund or account. Proceeds are the
receipts of bingo games conducted by organizations not within
subdivision (j). Those proceeds shall be used only for charitable
purposes, except as follows:

(1) The proceeds may be used for prizes.

(2) (A) Except as provided in subparagraph (B), a portion of
the proceeds, not to exceed 20 percent of the proceeds before the
deduction for prizes, or two thousand dollars ($2,000) per month,
whichever is less, may be used for the rental of property and for
overhead, including the purchase of bingo equipment,
administrative expenses, security equipment, and security
personnel.

(B) For the purposes of bingo games conducted by the Lake
Elsinore Elks Lodge, a portion of the proceeds, not to exceed 20
percent of the proceeds before the deduction for prizes, or three
thousand dollars ($3,000) per month, whichever is less, may be
used for the rental of property and for overhead, including the
purchase of bingo equipment, administrative expenses, security
equipment, and security personnel. Any amount of the proceeds
that is additional to that permitted under subparagraph (A), up to
one thousand dollars ($1,000), shall be used for the purpose of
financing the rebuilding of the facility and the replacement of
equipment that was destroyed by fire in 2007. The exception to
subparagraph (A) that is provided by this subparagraph shall remain
in effect only until the cost of rebuilding the facility is repaid, or
January 1, 2019, whichever occurs first.

(3) The proceeds may be used to pay license fees.

(4) A city, county, or city and county that enacts an ordinance
permitting bingo games may specify in the ordinance that if the
monthly gross receipts from bingo games of an organization within
this subdivision exceed five thousand dollars ($5,000), a minimum
percentage of the proceeds shall be used only for charitable
purposes not relating to the conducting of bingo games and that
the balance shall be used for prizes, rental of property, overhead,
administrative expenses, and payment of license fees. The amount
of proceeds used for rental of property, overhead, and
administrative expenses is subject to the limitations specified in
paragraph (2).

(l) (1) A city, county, or city and county may impose a license
fee on each organization that it authorizes to conduct bingo games.
The fee, whether for the initial license or renewal, shall not exceed
fifty dollars ($50) annually, except as provided in paragraph (2).
If an application for a license is denied, one-half of any license
fee paid shall be refunded to the organization.

(2) In lieu of the license fee permitted under paragraph (1), a
city, county, or city and county may impose a license fee of fifty
dollars ($50) paid upon application. If an application for a license
is denied, one-half of the application fee shall be refunded to the
organization. An additional fee for law enforcement and public
safety costs incurred by the city, county, or city and county that
are directly related to bingo activities may be imposed and shall
be collected monthly by the city, county, or city and county issuing
the license; however, the fee shall not exceed the actual costs
incurred in providing the service.

(m) No person shall be allowed to participate in a bingo game,
unless the person is physically present at the time and place where
the bingo game is being conducted.

(n) The total value of prizes available to be awarded during the
conduct of any bingo games shall not exceed five hundred dollars
($500) in cash or kind, or both, for each separate game which is
held.

(o) As used in this section, “bingo” means a game of chance in
which prizes are awarded on the basis of designated numbers or
symbols that are marked or covered by the player on a tangible
card in the player’s possession and that conform to numbers or
symbols, selected at random and announced by a live caller.
Notwithstanding Section 330c, as used in this section, the game
of bingo includes tangible cards having numbers or symbols that
are concealed and preprinted in a manner providing for distribution
of prizes. Electronics or video displays shall not be used in
connection with the game of bingo, except in connection with the
caller’s drawing of numbers or symbols and the public display of
that drawing, and except as provided in subdivision (p). The
winning cards shall not be known prior to the game by any person
participating in the playing or operation of the bingo game. All
preprinted cards shall bear the legend, “for sale or use only in a
bingo game authorized under California law and pursuant to local
ordinance.” Only a covered or marked tangible card possessed by
a player and presented to an attendant may be used to claim a prize.
It is the intention of the Legislature that bingo as defined in this
subdivision applies exclusively to this section and shall not be
applied in the construction or enforcement of any other provision
of law.

(p) (1) Players who are physically present at a bingo game may
use hand-held, portable card-minding devices, as described in this
subdivision, to assist in monitoring the numbers or symbols
announced by a live caller as those numbers or symbols are called
in a live game. Card-minding devices may not be used in
connection with any game where a bingo card may be sold or
distributed after the start of the ball draw for that game. A
card-minding device shall do all of the following:

(A) Be capable of storing in the memory of the device bingo
faces of tangible cards purchased by a player.

(B) Provide a means for bingo players to input manually each
individual number or symbol announced by a live caller.

(C) Compare the numbers or symbols entered by the player to
the bingo faces previously stored in the memory of the device.

(D) Identify winning bingo patterns that exist on the stored
bingo faces.

(2) A card-minding device shall perform no functions involving
the play of the game other than those described in paragraph (1).
Card-minding devices shall not do any of the following:

(A) Be capable of accepting or dispensing any coins, currency,
or other representative of value or on which value has been
encoded.

(B) Be capable of monitoring any bingo card face other than
the faces of the tangible bingo card or cards purchased by the
player for that game.

(C) Display or represent the game result through any means,
including, but not limited to, video or mechanical reels or other
slot machine or casino game themes, other than highlighting the
winning numbers or symbols marked or covered on the tangible
bingo cards or giving an audio alert that the player’s card has a
prize-winning pattern.

(D) Determine the outcome of any game or be physically or
electronically connected to any component that determines the
outcome of a game or to any other bingo equipment, including,
but not limited to, the ball call station, or to any other card-minding
device. No other player-operated or player-activated electronic or
electromechanical device or equipment is permitted to be used in
connection with a bingo game.

(3) (A) A card-minding device shall be approved in advance
by the department as meeting the requirements of this section and
any additional requirements stated in regulations adopted by the
commission. Any proposed material change to the device, including
any change to the software used by the device, shall be submitted
to the department and approved by the department prior to
implementation.

(B) In accordance with Chapter 5 (commencing with Section
19800) of Division 8 of the Business and Professions Code, the
commission shall establish reasonable criteria for, and require the
licensure of, any person that directly or indirectly manufactures,
distributes, supplies, vends, leases, or otherwise provides
card-minding devices or other supplies, equipment, or services
related to card-minding devices designed for use in the playing of
bingo games by any nonprofit organization.

(C) A person or entity that supplies or services any card-minding
device shall meet all licensing requirements established by the
commission in regulations.

(4) The costs of any testing, certification, license, or
determination required by this subdivision shall be borne by the
person or entity seeking it.

(5) On and after January 1, 2010, the Department of Justice may
inspect all card-minding devices at any time without notice, and
may immediately prohibit the use of any device that does not
comply with the requirements of subdivision (r) of Section 19841
of the Business and Professions Code. The Department of Justice
may at any time, without notice, impound any device the use of
which has been prohibited by the commission.

(6) The California Gambling Control Commission shall issue
regulations to implement the requirements of this subdivision and
may issue regulations regarding the means by which the operator
of a bingo game, as required by applicable law, may offer
assistance to a player with disabilities in order to enable that player
to participate in a bingo game, provided that the means of providing
that assistance shall not be through any electronic,
electromechanical, or other device or equipment that accepts the
insertion of any coin, currency, token, credit card, or other means
of transmitting value, and does not constitute or is not a part of a
system that constitutes a video lottery terminal, slot machine, or
device prohibited by Chapter 10 (commencing with Section 330).

(7) The following definitions apply for purposes of this
subdivision:

(A) “Commission” means the California Gambling Control
Commission.

(B) “Department” means the Department of Justice.

(C) “Person” includes a natural person, corporation, limited
liability company, partnership, trust, joint venture, association, or
any other business organization.

end delete

begin delete SEC. 453. end delete
begin insert SEC. 407. end insert   

Section 830.3 of the Penal Code is amended to read:

830.3.  

The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing
their primary duty or when making an arrest pursuant to Section
836 as to any public offense with respect to which there is
immediate danger to person or property, or of the escape of the
perpetrator of that offense, or pursuant to Section 8597 or 8598 of
the Government Code. These peace officers may carry firearms
only if authorized and under those terms and conditions as specified
by their employing agencies:

(a) Persons employed by the Division of Investigation of the
Department of Consumer Affairs and investigators of the Medical
Board of California and the Board of Dental Examiners, who are
designated by the Director of Consumer Affairs, provided that the
primary duty of these peace officers shall be the enforcement of
the law as that duty is set forth in Section 160 of the Business and
Professions Code.

(b) Voluntary fire wardens designated by the Director of
Forestry and Fire Protection pursuant to Section 4156 of the Public
Resources Code, provided that the primary duty of these peace
officers shall be the enforcement of the law as that duty is set forth
in Section 4156 of that code.

(c) Employees of the Department of Motor Vehicles designated
in Section 1655 of the Vehicle Code, provided that the primary
duty of these peace officers shall be the enforcement of the law as
that duty is set forth in Section 1655 of that code.

(d) Investigators of the California Horse Racing Board
designated by the board, provided that the primary duty of these
peace officers shall be the enforcement of Chapter 4 (commencing
with Section 19400) of Division 8 of the Business and Professions
Code and Chapter 10 (commencing with Section 330) of Title 9
of Part 1 of this code.

(e) The State Fire Marshal and assistant or deputy state fire
marshals appointed pursuant to Section 13103 of the Health and
Safety Code, provided that the primary duty of these peace officers
shall be the enforcement of the law as that duty is set forth in
Section 13104 of that code.

(f) Inspectors of the food and drug section designated by the
chief pursuant to subdivision (a) of Section 106500 of the Health
and Safety Code, provided that the primary duty of these peace
officers shall be the enforcement of the law as that duty is set forth
in Section 106500 of that code.

(g) All investigators of the Division of Labor Standards
Enforcement designated by the Labor Commissioner, provided
that the primary duty of these peace officers shall be the
enforcement of the law as prescribed in Section 95 of the Labor
Code.

(h) All investigators of the State Departments of Health Care
Services, Public Health, Social Services, Mental Health, and
Alcohol and Drug Programs, the Department of Toxic Substances
Control, the Office of Statewide Health Planning and Development,
and the Public Employees’ Retirement System, provided that the
primary duty of these peace officers shall be the enforcement of
the law relating to the duties of his or her department or office.
Notwithstanding any other provision of law, investigators of the
Public Employees’ Retirement System shall not carry firearms.

(i) The Chief of the Bureau of Fraudulent Claims of the
Department of Insurance and those investigators designated by the
chief, provided that the primary duty of those investigators shall
be the enforcement of Section 550.

(j) Employees of the Department of Housing and Community
Development designated under Section 18023 of the Health and
Safety Code, provided that the primary duty of these peace officers
shall be the enforcement of the law as that duty is set forth in
Section 18023 of that code.

(k) Investigators of the office of the Controller, provided that
the primary duty of these investigators shall be the enforcement
of the law relating to the duties of that office. Notwithstanding any
other law, except as authorized by the Controller, the peace officers
designated pursuant to this subdivision shall not carry firearms.

(l) Investigators of the Department of Business Oversight
designated by the Commissioner of Business Oversight, provided
that the primary duty of these investigators shall be the enforcement
of the provisions of law administered by the Department of
Business Oversight. Notwithstanding any other provision of law,
the peace officers designated pursuant to this subdivision shall not
carry firearms.

(m) Persons employed by the Contractors State License Board
designated by the Director of Consumer Affairs pursuant to Section
7011.5 of the Business and Professions Code, provided that the
primary duty of these persons shall be the enforcement of the law
as that duty is set forth in Section 7011.5, and in Chapter 9
(commencing with Section 7000) of Division 3, of that code. The
Director of Consumer Affairs may designate as peace officers not
more than 12 persons who shall at the time of their designation be
assigned to the special investigations unit of the board.
Notwithstanding any other provision of law, the persons designated
pursuant to this subdivision shall not carry firearms.

(n) The Chief and coordinators of the Law Enforcement Branch
of the Office of Emergency Services.

(o) Investigators of the office of the Secretary of State designated
by the Secretary of State, provided that the primary duty of these
peace officers shall be the enforcement of the law as prescribed
in Chapter 3 (commencing with Section 8200) of Division 1 of
Title 2 of, and Section 12172.5 of, the Government Code.
Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.

(p) The Deputy Director for Security designated by Section
8880.38 of the Government Code, and all lottery security personnel
assigned to the California State Lottery and designated by the
director, provided that the primary duty of any of those peace
officers shall be the enforcement of the laws related to assuring
the integrity, honesty, and fairness of the operation and
administration of the California State Lottery.

(q) Investigators employed by the Investigation Division of the
Employment Development Department designated by the director
of the department, provided that the primary duty of those peace
officers shall be the enforcement of the law as that duty is set forth
in Section 317 of the Unemployment Insurance Code.

Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.

(r) The chief and assistant chief of museum security and safety
of the California Science Center, as designated by the executive
director pursuant to Section 4108 of the Food and Agricultural
Code, provided that the primary duty of those peace officers shall
be the enforcement of the law as that duty is set forth in Section
4108 of the Food and Agricultural Code.

(s) Employees of the Franchise Tax Board designated by the
board, provided that the primary duty of these peace officers shall
be the enforcement of the law as set forth in Chapter 9
(commencing with Section 19701) of Part 10.2 of Division 2 of
the Revenue and Taxation Code.

(t) Notwithstanding any other provision of this section, a peace
officer authorized by this section shall not be authorized to carry
firearms by his or her employing agency until that agency has
adopted a policy on the use of deadly force by those peace officers,
and until those peace officers have been instructed in the employing
agency’s policy on the use of deadly force.

Every peace officer authorized pursuant to this section to carry
firearms by his or her employing agency shall qualify in the use
of the firearms at least every six months.

(u) Investigators of the Department of Managed Health Care
designated by the Director of the Department of Managed Health
Care, provided that the primary duty of these investigators shall
be the enforcement of the provisions of laws administered by the
Director of the Department of Managed Health Care.
Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.

(v) The Chief, Deputy Chief, supervising investigators, and
investigators of the Office of Protective Services of the State
Department of Developmental Services, provided that the primary
duty of each of those persons shall be the enforcement of the law
relating to the duties of his or her department or office.

begin delete SEC. 454. end delete
begin insert SEC. 408. end insert   

Section 830.11 of the Penal Code is amended to
read:

830.11.  

(a) The following persons are not peace officers but
may exercise the powers of arrest of a peace officer as specified
in Section 836 and the power to serve warrants as specified in
Sections 1523 and 1530 during the course and within the scope of
their employment, if they receive a course in the exercise of those
powers pursuant to Section 832. The authority and powers of the
persons designated under this section shall extend to any place in
the state:

(1) Persons employed by the Department of Business Oversight
designated by the Commissioner of Business Oversight, provided
that the primary duty of these persons shall be the enforcement of,
and investigations relating to, the provisions of law administered
by the Commissioner of Business Oversight.

(2) Persons employed by the Bureau of Real Estate designated
by the Real Estate Commissioner, provided that the primary duty
of these persons shall be the enforcement of the laws set forth in
Part 1 (commencing with Section 10000) and Part 2 (commencing
with Section 11000) of Division 4 of the Business and Professions
Code. The Real Estate Commissioner may designate persons under
this section, who at the time of their designation, are assigned to
the Special Investigations Unit, internally known as the Crisis
Response Team.

(3) Persons employed by the State Lands Commission
designated by the executive officer, provided that the primary duty
of these persons shall be the enforcement of the law relating to the
duties of the State Lands Commission.

(4) Persons employed as investigators of the Investigations
Bureau of the Department of Insurance, who are designated by the
Chief of the Investigations Bureau, provided that the primary duty
of these persons shall be the enforcement of the Insurance Code
and other laws relating to persons and businesses, licensed and
unlicensed by the Department of Insurance, who are engaged in
the business of insurance.

(5) Persons employed as investigators and investigator
supervisors of the Consumer Services Division or the Rail Safety
and Carrier Division of the Public Utilities Commission who are
designated by the commission’s executive director and approved
by the commission, provided that the primary duty of these persons
shall be the enforcement of the law as that duty is set forth in
Section 308.5 of the Public Utilities Code.

(6) (A) Persons employed by the State Board of Equalization,
Investigations Division, who are designated by the board’s
executive director, provided that the primary duty of these persons
shall be the enforcement of laws administered by the State Board
of Equalization.

(B) Persons designated pursuant to this paragraph are not entitled
to peace officer retirement benefits.

(7) Persons employed by the Department of Food and
Agriculture and designated by the Secretary of Food and
Agriculture as investigators, investigator supervisors, and
investigator managers, provided that the primary duty of these
persons shall be enforcement of, and investigations relating to, the
Food and Agricultural Code or Division 5 (commencing with
Section 12001) of the Business and Professions Code.

(8) The Inspector General and those employees of the Office
of the Inspector General as designated by the Inspector General,
provided that the primary duty of those persons shall be the
enforcement of the law relating to the duties of the Office of the
Inspector General.

(b) Notwithstanding any other provision of law, persons
designated pursuant to this section may not carry firearms.

(c) Persons designated pursuant to this section shall be included
as “peace officers of the state” under paragraph (2) of subdivision
(c) of Section 11105 for the purpose of receiving state summary
criminal history information and shall be furnished that information
on the same basis as peace officers of the state designated in
paragraph (2) of subdivision (c) of Section 11105.

begin delete SEC. 455. end delete
begin insert SEC. 409. end insert   

Section 999c of the Penal Code is amended to read:

999c.  

(a) There is hereby established in the Office of
Emergency Services a program of financial and technical assistance
for district attorneys’ offices, designated the California Career
Criminal Prosecution Program. All funds appropriated to the office
for the purposes of this chapter shall be administered and disbursed
by the Director of Emergency Services, and shall to the greatest
extent feasible be coordinated or consolidated with federal funds
that may be made available for these purposes.

(b) The Director of Emergency Services is authorized to allocate
and award funds to counties in which career criminal prosecution
units are established in substantial compliance with the policies
and criteria set forth below in Sections 999d, 999e, 999f, and 999g.

(c) The allocation and award of funds shall be made upon
application executed by the county’s district attorney and approved
by its board of supervisors. Funds disbursed under this chapter
shall not supplant local funds that would, in the absence of the
California Career Criminal Prosecution Program, be made available
to support the prosecution of felony cases. Funds available under
this program shall not be subject to review as specified in Section
14780 of the Government Code.

begin delete SEC. 456. end delete
begin insert SEC. 410. end insert   

Section 999j of the Penal Code is amended to read:

999j.  

(a) There is hereby established in the Office of
Emergency Services a program of financial and technical assistance
for district attorneys’ offices, designated the Repeat Sexual
Offender Prosecution Program. All funds appropriated to the office
for the purposes of this chapter shall be administered and disbursed
by the Director of Emergency Services, and shall to the greatest
extent feasible, be coordinated or consolidated with any federal
or local funds that may be made available for these purposes.

The Office of Emergency Services shall establish guidelines for
the provision of grant awards to proposed and existing programs
prior to the allocation of funds under this chapter. These guidelines
shall contain the criteria for the selection of agencies to receive
funding, as developed in consultation with an advisory group to
be known as the Repeat Sexual Offender Prosecution Program
Steering Committee. The membership of the steering committee
shall be designated by the secretary of the office.

A draft of the guidelines shall be developed and submitted to
the Chairpersons of the Assembly Criminal Law and Public Safety
Committee and the Senate Judiciary Committee within 60 days of
the effective date of this chapter and issued within 90 days of the
same effective date. These guidelines shall set forth the terms and
conditions upon which the Office of Emergency Services is
prepared to offer grants pursuant to statutory authority. The
guidelines shall not constitute rules, regulations, orders, or
standards of general application.

(b) The Director of Emergency Services is authorized to allocate
and award funds to counties in which repeat sexual offender
prosecution units are established or are proposed to be established
in substantial compliance with the policies and criteria set forth
below in Sections 999k, 999l, and 999m.

(c) The allocation and award of funds shall be made upon
application executed by the county’s district attorney and approved
by its board of supervisors. Funds disbursed under this chapter
shall not supplant local funds that would, in the absence of the
California Repeat Sexual Offender Prosecution Program, be made
available to support the prosecution of repeat sexual offender
felony cases. Local grant awards made under this program shall
not be subject to review as specified in Section 14780 of the
Government Code.

begin delete SEC. 457. end delete
begin insert SEC. 411. end insert   

Section 999k of the Penal Code is amended to read:

999k.  

Repeat sexual offender prosecution units receiving funds
under this chapter shall concentrate enhanced prosecution efforts
and resources upon individuals identified under selection criteria
set forth in Section 999l. Enhanced prosecution efforts and
resources shall include, but not be limited to:

(a) Vertical prosecutorial representation, whereby the prosecutor
who makes the initial filing or appearance in a repeat sexual
offender case will perform all subsequent court appearances on
that particular case through its conclusion, including the sentencing
phase.

(b) The assignment of highly qualified investigators and
prosecutors to repeat sexual offender cases. “Highly qualified” for
the purposes of this chapter shall be defined as: (1) individuals
with one year of experience in the investigation and prosecution
of felonies or specifically the felonies listed in subdivision (a) of
Section 999l; or (2) individuals whom the district attorney has
selected to receive training as set forth in Section 13836; or (3)
individuals who have attended a program providing equivalent
training as approved by the Office of Emergency Services.

(c) A significant reduction of caseloads for investigators and
prosecutors assigned to repeat sexual offender cases.

(d) Coordination with local rape victim counseling centers, child
abuse services programs, and victim witness assistance programs.
Coordination shall include, but not be limited to: referrals of
individuals to receive client services; participation in local training
programs; membership and participation in local task forces
established to improve communication between criminal justice
system agencies and community service agencies; and cooperating
with individuals serving as liaison representatives of local rape
victim counseling centers and victim witness assistance programs.

begin delete SEC. 458. end delete
begin insert SEC. 412. end insert   

Section 999n of the Penal Code is amended to read:

999n.  

(a) The selection criteria set forth in Section 999l shall
be adhered to for each repeat sexual offender case unless, in the
reasonable exercise of prosecutor’s discretion, extraordinary
circumstances require departure from those policies in order to
promote the general purposes and intent of this chapter.

(b) Each district attorney’s office establishing a repeat sexual
offender prosecution unit and receiving state support under this
chapter shall submit the following information, on a quarterly
basis, to the Office of Emergency Services:

(1) The number of sexual assault cases referred to the district
attorney’s office for possible filing.

(2) The number of sexual assault cases filed for felony
prosecution.

(3) The number of sexual assault cases taken to trial.

(4) The percentage of sexual assault cases tried which resulted
in conviction.

begin delete SEC. 459. end delete
begin insert SEC. 413. end insert   

Section 999p of the Penal Code is amended to read:

999p.  

The Office of Emergency Services is encouraged to
utilize any federal funds which may become available in order to
implement the provisions of this chapter.

begin delete SEC. 460. end delete
begin insert SEC. 414. end insert   

Section 999r of the Penal Code is amended to read:

999r.  

(a) There is hereby established in the Office of
Emergency Services a program of financial and technical assistance
for district attorneys’ offices, designated the Child Abuser
Prosecution Program. All funds appropriated to the agency for the
purposes of this chapter shall be administered and disbursed by
the executive director of that agency or agencies, and shall to the
greatest extent feasible, be coordinated or consolidated with any
federal or local funds that may be made available for these
purposes.

The Office of Emergency Services shall establish guidelines for
the provision of grant awards to proposed and existing programs
prior to the allocation of funds under this chapter. These guidelines
shall contain the criteria for the selection of agencies to receive
funding and the terms and conditions upon which the agency is
prepared to offer grants pursuant to statutory authority. The
guidelines shall not constitute rules, regulations, orders, or
standards of general application. The guidelines shall be submitted
to the appropriate policy committees of the Legislature prior to
their adoption.

(b) The Director of Emergency Services is authorized to allocate
and award funds to counties in which child abuser offender
prosecution units are established or are proposed to be established
in substantial compliance with the policies and criteria set forth
below in Sections 999s, 999t, and 999u.

(c) The allocation and award of funds shall be made upon
application executed by the county’s district attorney and approved
by its board of supervisors. Funds disbursed under this chapter
shall not supplant local funds that would, in the absence of the
California Child Abuser Prosecution Program, be made available
to support the prosecution of child abuser felony cases. Local grant
awards made under this program shall not be subject to review as
specified in Section 14780 of the Government Code.

begin delete SEC. 461. end delete
begin insert SEC. 415. end insert   

Section 999s of the Penal Code is amended to read:

999s.  

Child abuser prosecution units receiving funds under this
chapter shall concentrate enhanced prosecution efforts and
resources upon individuals identified under selection criteria set
forth in Section 999t. Enhanced prosecution efforts and resources
shall include, but not be limited to:

(a) Vertical prosecutorial representation, whereby the prosecutor
who, or prosecution unit which, makes the initial filing or
appearance in a case performs all subsequent court appearances
on that particular case through its conclusion, including the
sentencing phase.

(b) The assignment of highly qualified investigators and
prosecutors to child abuser cases. “Highly qualified” for the
purposes of this chapter means: (1) individuals with one year of
experience in the investigation and prosecution of felonies or
specifically the felonies listed in subdivision (a) of Section 999l
or 999t; or (2) individuals whom the district attorney has selected
to receive training as set forth in Section 13836; or (3) individuals
who have attended a program providing equivalent training as
approved by the Office of Emergency Services.

(c) A significant reduction of caseloads for investigators and
prosecutors assigned to child abuser cases.

(d) Coordination with local rape victim counseling centers, child
abuse services programs, and victim witness assistance programs.
That coordination shall include, but not be limited to: referrals of
individuals to receive client services; participation in local training
programs; membership and participation in local task forces
established to improve communication between criminal justice
system agencies and community service agencies; and cooperating
with individuals serving as liaison representatives of child abuse
and child sexual abuse programs, local rape victim counseling
centers and victim witness assistance programs.

begin delete SEC. 462. end delete
begin insert SEC. 416. end insert   

Section 999v of the Penal Code is amended to read:

999v.  

(a) The selection criteria set forth in Section 999t shall
be adhered to for each child abuser case unless, in the reasonable
exercise of prosecutor’s discretion, extraordinary circumstances
require departure from those policies in order to promote the
general purposes and intent of this chapter.

(b) Each district attorney’s office establishing a child abuser
prosecution unit and receiving state support under this chapter
shall submit the following information, on a quarterly basis, to the
Office of Emergency Services:

(1) The number of child abuser cases referred to the district
attorney’s office for possible filing.

(2) The number of child abuser cases filed for felony
prosecution.

(3) The number of sexual assault cases taken to trial.

(4) The number of child abuser cases tried which resulted in
conviction.

begin delete SEC. 463. end delete
begin insert SEC. 417. end insert   

Section 999x of the Penal Code is amended to read:

999x.  

The Office of Emergency Services is encouraged to
utilize any federal funds which may become available in order to
implement the provisions of this chapter.

begin delete SEC. 464. end delete
begin insert SEC. 418. end insert   

Section 999y of the Penal Code is amended to read:

999y.  

The Office of Emergency Services shall report annually
to the Legislature concerning the program established by this
chapter. The office shall prepare and submit to the Legislature on
or before December 15, 2002, and within six months of the
completion of subsequent funding cycles for this program, an
evaluation of the Child Abuser Prosecution Program. This
evaluation shall identify outcome measures to determine the
effectiveness of the programs established under this chapter, which
shall include, but not be limited to, both of the following, to the
extent that data is available:

(a) Child abuse conviction rates of Child Abuser Prosecution
Program units compared to those of nonfunded counties.

(b) Quantification of the annual per capita costs of the Child
Abuser Prosecution Program compared to the costs of prosecuting
child abuse crimes in nonfunded counties.

begin delete

SEC. 465.  

Section 1174.2 of the Penal Code is amended to
read:

1174.2.  

(a) Notwithstanding any other law, the unencumbered
balance of Item 5240-311-751 of Section 2 of the Budget Act of
1990 shall revert to the unappropriated surplus of the 1990 Prison
Construction Fund. The sum of fifteen million dollars
($15,000,000) is hereby appropriated to the Department of
Corrections from the 1990 Prison Construction Fund for site
acquisition, site studies, environmental studies, master planning,
architectural programming, schematics, preliminary plans, working
drawings, construction, and long lead and equipment items for the
purpose of constructing facilities for pregnant and parenting
women’s alternative sentencing programs. These funds shall not
be expended for any operating costs, including those costs
reimbursed by the department pursuant to subdivision (c) of Section
1174.3. Funds not expended pursuant to this chapter shall be used
for planning, construction, renovation, or remodeling by, or under
the supervision of, the Department of Corrections and
Rehabilitation, of community-based facilities for programs
designed to reduce drug use and recidivism, including, but not
limited to, restitution centers, facilities for the incarceration and
rehabilitation of drug offenders, multipurpose correctional centers,
and centers for intensive programs for parolees. These funds shall
not be expended until legislation authorizing the establishment of
these programs is enacted. If the Legislature finds that the
Department of Corrections and Rehabilitation has made a good
faith effort to site community-based facilities, but funds designated
for these community-based facilities are unexpended as of January
1, 1998, the Legislature may appropriate these funds for other
Level I housing.

(b) The Department of Corrections and Rehabilitation shall
purchase, design, construct, and renovate facilities in counties or
multicounty areas with a population of more than 450,000 people
pursuant to this chapter. The department shall target for selection,
among other counties, Los Angeles County, San Diego County,
and a bay area, central valley, and an inland empire county as
determined by the Secretary of the Department of Corrections and
Rehabilitation. The department, in consultation with the State
Department of Alcohol and Drug Programs, shall design core
alcohol and drug treatment programs, with specific requirements
and standards. Residential facilities shall be licensed by the State
Department of Alcohol and Drug Programs in accordance with
provisions of the Health and Safety Code governing licensure of
alcoholism or drug abuse recovery or treatment facilities.
Residential and nonresidential programs shall be certified by the
State Department of Alcohol and Drug Programs as meeting its
standards for perinatal services. Funds shall be awarded to selected
agency service providers based upon all of the following criteria
and procedures:

(1) A demonstrated ability to provide comprehensive services
to pregnant women or women with children who are substance
abusers consistent with this chapter. Criteria shall include, but not
be limited to, each of the following:

(A) The success records of the types of programs proposed
based upon standards for successful programs.

(B) Expertise and actual experience of persons who will be in
charge of the proposed program.

(C) Cost-effectiveness, including the costs per client served.

(D) A demonstrated ability to implement a program as
expeditiously as possible.

(E) An ability to accept referrals and participate in a process
with the probation department determining eligible candidates for
the program.

(F) A demonstrated ability to seek and obtain supplemental
funding as required in support of the overall administration of this
facility from any county, state, or federal source that may serve to
support this program, including the State Department of Alcohol
and Drug Programs, the Office of Emergency Services, the State
Department of Social Services, the State Department of State
Hospitals, or any county public health department. In addition, the
agency shall also attempt to secure other available funding from
all county, state, or federal sources for program implementation.

(G) An ability to provide intensive supervision of the program
participants to ensure complete daily programming.

(2) Staff from the department shall be available to selected
agencies for consultation and technical services in preparation and
implementation of the selected proposals.

(3) The department shall consult with existing program operators
that are then currently delivering similar program services, the
State Department of Alcohol and Drug Programs, and others it
may identify in the development of the program.

(4) Funds shall be made available by the department to the
agencies selected to administer the operation of this program.

(5) Agencies shall demonstrate an ability to provide offenders
a continuing supportive network of outpatient drug treatment and
other services upon the women’s completion of the program and
reintegration into the community.

(6) The department may propose any variation of types and
sizes of facilities to carry out the purposes of this chapter.

(7) The department shall secure all other available funding for
its eligible population from all county, state, or federal sources.

(8) Each program proposal shall include a plan for the required
12-month residential program, plus a 12-month outpatient
transitional services program to be completed by participating
women and children.

end delete

begin delete SEC. 466. end delete
begin insert SEC. 419. end insert   

Section 1191.21 of the Penal Code is amended to
read:

1191.21.  

(a) (1) The Office of Emergency Services shall
develop and make available a “notification of eligibility” card for
victims and derivative victims of crimes as defined in subdivision
(c) of Section 13960 of the Government Code that includes, but
is not limited to, the following information:
“If you have been the victim of a crime that meets the required
definition, you or others may be eligible to receive payment from
the California State Restitution Fund for losses directly resulting
from the crime. To learn about eligibility and receive an application
to receive payments, call the Victims of Crime Program at (800)
777-9229 or call your local county Victim Witness Assistance
Center.”

(2) At a minimum, the Office of Emergency Services shall
develop a template available for downloading on its Internet Web
site the information requested in subdivision (b).

(b) In a case involving a crime as defined in subdivision (c) of
Section 13960 of the Government Code, the law enforcement
officer with primary responsibility for investigating the crime
committed against the victim and the district attorney may provide
the “notification of eligibility” card to the victim and derivative
victim of a crime.

(c) The terms “victim” and “derivative victim” shall be given
the same meaning given those terms in Section 13960 of the
Government Code.

begin delete

SEC. 467.  

Section 6241 of the Penal Code is amended to read:

6241.  

(a) The Substance Abuse Community Correctional
Detention Centers Fund is hereby created within the State Treasury.
The Board of Corrections is authorized to provide funds, as
appropriated by the Legislature, for the purpose of establishing
substance abuse community correctional detention centers. These
facilities shall be operated locally in order to manage parole
violators, those select individuals sentenced to state prison for
short periods of time, and other sentenced local offenders with a
known history of substance abuse, and as further defined by this
chapter.

(b) The facilities constructed with funds disbursed pursuant to
this chapter in a county shall contain no less than 50 percent of
total beds for use by the Department of Corrections and
Rehabilitation.

(1) Upon agreement, the county and the department may
negotiate any other mix of state and local bed space, providing the
state’s proportionate share shall not be less than 50 percent in the
portion of the facilities financed through state funding.

(2) Nothing in this chapter shall prohibit the county from using
county funds or nonrestricted jail bond funds to build and operate
additional facilities in conjunction with the centers provided for
in this chapter.

(c) Thirty million dollars ($30,000,000) in funds shall be
provided from the 1990 Prison Construction Fund and the 1990-B
Prison Construction Fund, with fifteen million dollars
($15,000,000) each from the June 1990 bond issue and the
November 1990 bond issue, for construction purposes set forth in
this chapter, provided that funding is appropriated in the state
budget from the June and November 1990, prison bond issues for
purposes of this chapter.

(d) Funds shall be awarded to counties based upon the following
policies and criteria:

(1) Priority shall be given to urban counties with populations
of 450,000 or more, as determined by Department of Finance
figures. The board may allocate up to 10 percent of the funding to
smaller counties or combinations of counties as pilot projects, if
it concludes that proposals meet the requirements of this chapter,
commensurate with the facilities and programming that a smaller
county can provide.

(2) Upon application and submission of proposals by eligible
counties, representatives of the board shall evaluate proposals and
select recipients.

To help ensure that state-of-the-art drug rehabilitation and related
programs are designed, implemented, and updated under this
chapter, the board shall consult with not less than three authorities
recognized nationwide with experience or expertise in the design
or operation of successful programs in order to assist the board in
all of the following:

(A) Drawing up criteria on which requests for proposals will
be sought.

(B) Selecting proposals to be funded.

(C) Assisting the board in evaluation and operational problems
of the programs, if those services are approved by the board.

Funding also shall be sought by the board from the federal
government and private foundation sources in order to defray the
costs of the board’s responsibilities under this chapter.

(3) Preference shall be given to counties that can demonstrate
a financial ability and commitment to operate the programs it is
proposing for a period of at least three years and to make
improvements as proposed by the department and the board.

(4) Applicants receiving awards under this chapter shall be
selected from among those deemed appropriate for funding
according to the criteria, policies, and procedures established by
the board. Criteria shall include success records of the types of
programs proposed based on nationwide standards for successful
programs, if available, expertise and hands-on experience of
persons who will be in charge of proposed programs,
cost-effectiveness, including cost per bed, speed of construction,
a demonstrated ability to construct the maximum number of beds
which shall result in an overall net increase in the number of beds
in the county for state and local offenders, comprehensiveness of
services, location, participation by private or community-based
organizations, and demonstrated ability to seek and obtain
supplemental funding as required in support of the overall
administration of this facility from sources such as the Department
of Alcohol and Drug Programs, the Office of Emergency Services,
the National Institute of Corrections, the Department of Justice,
and other state and federal sources.

(5) Funds disbursed under subdivision (c) shall be used for
construction of substance abuse community correctional centers,
with a level of security in each facility commensurate with public
safety for the types of offenders being housed in or utilizing the
facilities.

(6) Funds disbursed under this chapter shall not be used for the
purchase of the site. Sites shall be provided by the county.
However, a participating county may negotiate with the state for
use of state land at nearby corrections facilities or other state
facilities, provided that the locations fit in with the aims of the
programs established by this chapter.

The county shall be responsible for ensuring the siting,
acquisition, design, and construction of the center consistent with
the California Environmental Quality Act pursuant to Division 13
(commencing with Section 21000) of the Public Resources Code.

(7) Staff of the department and the board, as well as persons
selected by the board, shall be available to counties for consultation
and technical services in preparation and implementation of
proposals accepted by the board.

(8) The board also shall seek advice from the Department of
Alcohol and Drug Programs in exercising its responsibilities under
this chapter.

(9) Funds shall be made available to the county and county
agency which is selected to administer the program by the board
of supervisors of that county.

(10) Area of greatest need can be a factor considered in awarding
contracts to counties.

(11) Particular consideration shall be given to counties that can
demonstrate an ability to provide continuing counseling and
programming for offenders in programs established under this
chapter, once the offenders have completed the programs and have
returned to the community.

(12) A county may propose a variety of types and sizes of
facilities to meet the needs of its plan and to provide the services
for varying types of offenders to be served under this chapter.
Funds granted to a county may be utilized for construction of more
than one facility.

Any county wishing to use existing county-owned sites or
facilities may negotiate those arrangements with the Department
of Corrections and the Board of Corrections to meet the needs of
its plan.

end delete

begin insert

begin insert SEC. 420. end insert   

end insert

begin insert Section 6241 of the end insert begin insert Penal Code end insert begin insert , as amended by
Assembly Bill 75 of the 2013- end insert begin insert 14 Regular Session, is amended to
read: end insert

6241.  

(a) The Substance Abuse Community Correctional
Detention Centers Fund is hereby created within the State Treasury.
The Board of Corrections is authorized to provide funds, as
appropriated by the Legislature, for the purpose of establishing
substance abuse community correctional detention centers. These
facilities shall be operated locally in order to manage parole
violators, those select individuals sentenced to state prison for
short periods of time, and other sentenced local offenders with a
known history of substance abuse, and as further defined by this
chapter.

(b) The facilities constructed with funds disbursed pursuant to
this chapter in a county shall contain no less than 50 percent of
total beds for use by the Department of Corrections and
Rehabilitation.

(1) Upon agreement, the county and the department may
negotiate any other mix of state and local bed space, providing the
state’s proportionate share shall not be less than 50 percent in the
portion of the facilities financed through state funding.

(2) Nothing in this chapter shall prohibit the county from using
county funds or nonrestricted jail bond funds to build and operate
additional facilities in conjunction with the centers provided for
in this chapter.

(c) Thirty million dollars ($30,000,000) in funds shall be
provided from the 1990 Prison Construction Fund and the 1990-B
Prison Construction Fund, with fifteen million dollars
($15,000,000) each from the June 1990 bond issue and the
November 1990 bond issue, for construction purposes set forth in
this chapter, provided that funding is appropriated in the state
budget from the June and November 1990, prison bond issues for
purposes of this chapter.

(d) Funds shall be awarded to counties based upon the following
policies and criteria:

(1) Priority shall be given to urban counties with populations
of 450,000 or more, as determined by Department of Finance
figures. The board may allocate up to 10 percent of the funding to
smaller counties or combinations of counties as pilot projects, if
it concludes that proposals meet the requirements of this chapter,
commensurate with the facilities and programming that a smaller
county can provide.

(2) Upon application and submission of proposals by eligible
counties, representatives of the board shall evaluate proposals and
select recipients.

To help ensure that state-of-the-art drug rehabilitation and related
programs are designed, implemented, and updated under this
chapter, the board shall consult with not less than three authorities
recognized nationwide with experience or expertise in the design
or operation of successful programs in order to assist the board in
all of the following:

(A) Drawing up criteria on which requests for proposals will
be sought.

(B) Selecting proposals to be funded.

(C) Assisting the board in evaluation and operational problems
of the programs, if those services are approved by the board.

Funding also shall be sought by the board from the federal
government and private foundation sources in order to defray the
costs of the board’s responsibilities under this chapter.

(3) Preference shall be given to counties that can demonstrate
a financial ability and commitment to operate the programs it is
proposing for a period of at least three years and to make
improvements as proposed by the department and the board.

(4) Applicants receiving awards under this chapter shall be
selected from among those deemed appropriate for funding
according to the criteria, policies, and procedures established by
the board. Criteria shall include success records of the types of
programs proposed based on nationwide standards for successful
programs, if available, expertise and hands-on experience of
persons who will be in charge of proposed programs,
cost-effectiveness, including cost per bed, speed of construction,
a demonstrated ability to construct the maximum number of beds
which shall result in an overall net increase in the number of beds
in the county for state and local offenders, comprehensiveness of
services, location, participation by private or community-based
organizations, and demonstrated ability to seek and obtain
supplemental funding as required in support of the overall
administration of this facility from sources such as the State
Department of Health Care Services, the begin delete California Emergency
Management Agency, end delete begin insert Office of Emergency Services, end insert the National
Institute of Corrections, the Department of Justice, and other state
and federal sources.

(5) Funds disbursed under subdivision (c) shall be used for
construction of substance abuse community correctional centers,
with a level of security in each facility commensurate with public
safety for the types of offenders being housed in or utilizing the
facilities.

(6) Funds disbursed under this chapter shall not be used for the
purchase of the site. Sites shall be provided by the county.
However, a participating county may negotiate with the state for
use of state land at nearby corrections facilities or other state
facilities, provided that the locations fit in with the aims of the
programs established by this chapter.

The county shall be responsible for ensuring the siting,
acquisition, design, and construction of the center consistent with
the California Environmental Quality Act pursuant to Division 13
(commencing with Section 21000) of the Public Resources Code.

(7) Staff of the department and the board, as well as persons
selected by the board, shall be available to counties for consultation
and technical services in preparation and implementation of
proposals accepted by the board.

(8) The board also shall seek advice from the State Department
of Health Care Services in exercising its responsibilities under this
chapter.

(9) Funds shall be made available to the county and county
agency which is selected to administer the program by the board
of supervisors of that county.

(10) Area of greatest need can be a factor considered in awarding
contracts to counties.

(11) Particular consideration shall be given to counties that can
demonstrate an ability to provide continuing counseling and
programming for offenders in programs established under this
chapter, once the offenders have completed the programs and have
returned to the community.

(12) A county may propose a variety of types and sizes of
facilities to meet the needs of its plan and to provide the services
for varying types of offenders to be served under this chapter.
Funds granted to a county may be utilized for construction of more
than one facility.

Any county wishing to use existing county-owned sites or
facilities may negotiate those arrangements with the Department
of Corrections and the Board of Corrections to meet the needs of
its plan.

begin delete SEC. 468. end delete
begin insert SEC. 421. end insert   

Section 11160 of the Penal Code is amended to read:

11160.  

(a) Any health practitioner employed in a health
facility, clinic, physician’s office, local or state public health
department, or a clinic or other type of facility operated by a local
or state public health department who, in his or her professional
capacity or within the scope of his or her employment, provides
medical services for a physical condition to a patient whom he or
she knows or reasonably suspects is a person described as follows,
shall immediately make a report in accordance with subdivision
(b):

(1) Any person suffering from any wound or other physical
injury inflicted by his or her own act or inflicted by another where
the injury is by means of a firearm.

(2) Any person suffering from any wound or other physical
injury inflicted upon the person where the injury is the result of
assaultive or abusive conduct.

(b) Any health practitioner employed in a health facility, clinic,
physician’s office, local or state public health department, or a
clinic or other type of facility operated by a local or state public
health department shall make a report regarding persons described
in subdivision (a) to a local law enforcement agency as follows:

(1) A report by telephone shall be made immediately or as soon
as practically possible.

(2) A written report shall be prepared on the standard form
developed in compliance with paragraph (4) of this subdivision,
and Section 11160.2, and adopted by the Office of Emergency
Services, or on a form developed and adopted by another state
agency that otherwise fulfills the requirements of the standard
form. The completed form shall be sent to a local law enforcement
agency within two working days of receiving the information
regarding the person.

(3) A local law enforcement agency shall be notified and a
written report shall be prepared and sent pursuant to paragraphs
(1) and (2) even if the person who suffered the wound, other injury,
or assaultive or abusive conduct has expired, regardless of whether
or not the wound, other injury, or assaultive or abusive conduct
was a factor contributing to the death, and even if the evidence of
the conduct of the perpetrator of the wound, other injury, or
assaultive or abusive conduct was discovered during an autopsy.

(4) The report shall include, but shall not be limited to, the
following:

(A) The name of the injured person, if known.

(B) The injured person’s whereabouts.

(C) The character and extent of the person’s injuries.

(D) The identity of any person the injured person alleges
inflicted the wound, other injury, or assaultive or abusive conduct
upon the injured person.

(c) For the purposes of this section, “injury” shall not include
any psychological or physical condition brought about solely
through the voluntary administration of a narcotic or restricted
dangerous drug.

(d) For the purposes of this section, “assaultive or abusive
conduct” shall include any of the following offenses:

(1) Murder, in violation of Section 187.

(2) Manslaughter, in violation of Section 192 or 192.5.

(3) Mayhem, in violation of Section 203.

(4) Aggravated mayhem, in violation of Section 205.

(5) Torture, in violation of Section 206.

(6) Assault with intent to commit mayhem, rape, sodomy, or
oral copulation, in violation of Section 220.

(7) Administering controlled substances or anesthetic to aid in
commission of a felony, in violation of Section 222.

(8) Battery, in violation of Section 242.

(9) Sexual battery, in violation of Section 243.4.

(10) Incest, in violation of Section 285.

(11) Throwing any vitriol, corrosive acid, or caustic chemical
with intent to injure or disfigure, in violation of Section 244.

(12) Assault with a stun gun or taser, in violation of Section
244.5.

(13) Assault with a deadly weapon, firearm, assault weapon, or
machinegun, or by means likely to produce great bodily injury, in
violation of Section 245.

(14) Rape, in violation of Section 261.

(15) Spousal rape, in violation of Section 262.

(16) Procuring any female to have sex with another man, in
violation of Section 266, 266a, 266b, or 266c.

(17) Child abuse or endangerment, in violation of Section 273a
or 273d.

(18) Abuse of spouse or cohabitant, in violation of Section
273.5.

(19) Sodomy, in violation of Section 286.

(20) Lewd and lascivious acts with a child, in violation of
Section 288.

(21) Oral copulation, in violation of Section 288a.

(22) Sexual penetration, in violation of Section 289.

(23) Elder abuse, in violation of Section 368.

(24) An attempt to commit any crime specified in paragraphs
(1) to (23), inclusive.

(e) When two or more persons who are required to report are
present and jointly have knowledge of a known or suspected
instance of violence that is required to be reported pursuant to this
section, and when there is an agreement among these persons to
report as a team, the team may select by mutual agreement a
member of the team to make a report by telephone and a single
written report, as required by subdivision (b). The written report
shall be 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.

(f) The reporting duties under this section are individual, except
as provided in subdivision (e).

(g) No supervisor or administrator shall impede or inhibit the
reporting duties required under this section and no person making
a report pursuant to this section 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, except that these procedures shall not be
inconsistent with this article. The internal procedures shall not
require any employee required to make a report under this article
to disclose his or her identity to the employer.

(h) For the purposes of this section, it is the Legislature’s intent
to avoid duplication of information.

begin delete SEC. 469. end delete
begin insert SEC. 422. end insert   

Section 11160.1 of the Penal Code is amended to
read:

11160.1.  

(a) Any health practitioner employed in any health
facility, clinic, physician’s office, local or state public health
department, or a clinic or other type of facility operated by a local
or state public health department who, in his or her professional
capacity or within the scope of his or her employment, performs
a forensic medical examination on any person in the custody of
law enforcement from whom evidence is sought in connection
with the commission or investigation of a crime of sexual assault,
as described in subdivision (d) of Section 11160, shall prepare a
written report. The report shall be on a standard form developed
by, or at the direction of, the Office of Emergency Services, and
shall be immediately provided to the law enforcement agency who
has custody of the individual examined.

(b) The examination and report is subject to the confidentiality
requirements of the Confidentiality of Medical Information Act
(Chapter 1 (commencing with Section 56) of Part 2.6 of Division
1 of the Civil Code), the physician-patient privilege pursuant to
Article 6 (commencing with Section 990) of Chapter 4 of Division
8 of the Evidence Code, and the privilege of official information
pursuant to Article 9 (commencing with Section 1040) of Chapter
4 of Division 8 of the Evidence Code.

(c) The report shall be released upon request, oral or written, to
any person or agency involved in any related investigation or
prosecution of a criminal case, including, but not limited to, a law
enforcement officer, district attorney, city attorney, crime
laboratory, county licensing agency, or coroner. The report may
be released to defense counsel or another third party only through
discovery of documents in the possession of a prosecuting agency
or following the issuance of a lawful court order authorizing the
release of the report.

(d) A health practitioner who makes a report in accordance with
this section shall not incur civil or criminal liability. No person,
agency, or their designee required or authorized to report pursuant
to this section who takes photographs of a person suspected of
being a person subject to a forensic medical examination as
described in this section shall incur any civil or criminal liability
for taking the photographs, causing the photographs to be taken,
or disseminating the photographs to a law enforcement officer,
district attorney, city attorney, crime laboratory, county licensing
agency, or coroner with the reports required in accordance with
this section. However, this subdivision shall not be deemed to
grant immunity from civil or criminal liability with respect to any
other use of the photographs.

(e) Section 11162 does not apply to this section.

(f) With the exception of any health practitioner who has entered
into a contractual agreement to perform forensic medical
examinations, no health practitioner shall be required to perform
a forensic medical examination as part of his or her duties as a
health practitioner.

begin delete SEC. 470. end delete
begin insert SEC. 423. end insert   

Section 11161.2 of the Penal Code is amended to
read:

11161.2.  

(a) The Legislature finds and declares that adequate
protection of victims of domestic violence and elder and dependent
adult abuse has been hampered by lack of consistent and
comprehensive medical examinations. Enhancing examination
procedures, documentation, and evidence collection will improve
investigation and prosecution efforts.

(b) The Office of Emergency Services shall, in cooperation with
the State Department of Public Health, the Department of Aging
and the ombudsman program, the State Department of Social
Services, law enforcement agencies, the Department of Justice,
the California Association of Crime Lab Directors, the California
District Attorneys Association, the California State Sheriffs’
Association, the California Medical Association, the California
Police Chiefs’ Association, domestic violence advocates, the
California Medical Training Center, adult protective services, and
other appropriate experts:

(1) Establish medical forensic forms, instructions, and
examination protocol for victims of domestic violence and elder
and dependent adult abuse and neglect using as a model the form
and guidelines developed pursuant to Section 13823.5. The form
should include, but not be limited to, a place for a notation
concerning each of the following:

(A) Notification of injuries and a report of suspected domestic
violence or elder or dependent adult abuse and neglect to law
enforcement authorities, Adult Protective Services, or the State
Long-Term Care Ombudsmen, in accordance with existing
reporting procedures.

(B) Obtaining consent for the examination, treatment of injuries,
collection of evidence, and photographing of injuries. Consent to
treatment shall be obtained in accordance with the usual hospital
policy. A victim shall be informed that he or she may refuse to
consent to an examination for evidence of domestic violence and
elder and dependent adult abuse and neglect, including the
collection of physical evidence, but that refusal is not a ground for
denial of treatment of injuries and disease, if the person wishes to
obtain treatment and consents thereto.

(C) Taking a patient history of domestic violence or elder or
dependent adult abuse and neglect and other relevant medical
history.

(D) Performance of the physical examination for evidence of
domestic violence or elder or dependent adult abuse and neglect.

(E) Collection of physical evidence of domestic violence or
elder or dependent adult abuse.

(F) Collection of other medical and forensic specimens, as
indicated.

(G) Procedures for the preservation and disposition of evidence.

(H) Complete documentation of medical forensic exam findings.

(2) Determine whether it is appropriate and forensically sound
to develop separate or joint forms for documentation of medical
forensic findings for victims of domestic violence and elder and
dependent adult abuse and neglect.

(3) The forms shall become part of the patient’s medical record
pursuant to guidelines established by the agency or agencies
designated by the Office of Emergency Services advisory
committee and subject to the confidentiality laws pertaining to
release of medical forensic examination records.

(c) The forms shall be made accessible for use on the Internet.

begin delete SEC. 471. end delete
begin insert SEC. 424. end insert   

Section 11171 of the Penal Code is amended to read:

11171.  

(a) (1) The Legislature hereby finds and declares that
adequate protection of victims of child physical abuse or neglect
has been hampered by the lack of consistent and comprehensive
medical examinations.

(2) Enhancing examination procedures, documentation, and
evidence collection relating to child abuse or neglect will improve
the investigation and prosecution of child abuse or neglect as well
as other child protection efforts.

(b) The Office of Emergency Services shall, in cooperation with
the State Department of Social Services, the Department of Justice,
the California Association of Crime Lab Directors, the California
District Attorneys Association, the California State Sheriffs’
Association, the California Peace Officers Association, the
California Medical Association, the California Police Chiefs’
Association, child advocates, the California Medical Training
Center, child protective services, and other appropriate experts,
establish medical forensic forms, instructions, and examination
protocols for victims of child physical abuse or neglect using as a
model the form and guidelines developed pursuant to Section
13823.5.

(c) The forms shall include, but not be limited to, a place for
notation concerning each of the following:

(1) Any notification of injuries or any report of suspected child
physical abuse or neglect to law enforcement authorities or
children’s protective services, in accordance with existing reporting
procedures.

(2) Addressing relevant consent issues, if indicated.

(3) The taking of a patient history of child physical abuse or
neglect that includes other relevant medical history.

(4) The performance of a physical examination for evidence of
child physical abuse or neglect.

(5) The collection or documentation of any physical evidence
of child physical abuse or neglect, including any recommended
photographic procedures.

(6) The collection of other medical or forensic specimens,
including drug ingestion or toxication, as indicated.

(7) Procedures for the preservation and disposition of evidence.

(8) Complete documentation of medical forensic exam findings
with recommendations for diagnostic studies, including blood tests
and X-rays.

(9) An assessment as to whether there are findings that indicate
physical abuse or neglect.

(d) The forms shall become part of the patient’s medical record
pursuant to guidelines established by the advisory committee of
the Office of Emergency Services and subject to the confidentiality
laws pertaining to the release of medical forensic examination
records.

(e) The forms shall be made accessible for use on the Internet.

begin delete SEC. 472. end delete
begin insert SEC. 425. end insert   

Section 11174.34 of the Penal Code is amended to
read:

11174.34.  

(a) (1) The purpose of this section shall be to
coordinate and integrate state and local efforts to address fatal
child abuse or neglect, and to create a body of information to
prevent child deaths.

(2) It is the intent of the Legislature that the California State
Child Death Review Council, the Department of Justice, the State
Department of Social Services, the State Department of Health
Services, and state and local child death review teams shall share
data and other information necessary from the Department of
Justice Child Abuse Central Index and Supplemental Homicide
File, the State Department of Health Services Vital Statistics and
the Department of Social Services Child Welfare Services/Case
Management System files to establish accurate information on the
nature and extent of child abuse- or neglect-related fatalities in
California as those documents relate to child fatality cases. Further,
it is the intent of the Legislature to ensure that records of child
abuse- or neglect-related fatalities are entered into the State
Department of Social Services, Child Welfare Services/Case
Management System. It is also the intent that training and technical
assistance be provided to child death review teams and
professionals in the child protection system regarding multiagency
case review.

(b) (1) It shall be the duty of the California State Child Death
Review Council to oversee the statewide coordination and
integration of state and local efforts to address fatal child abuse or
neglect and to create a body of information to prevent child deaths.
The Department of Justice, the State Department of Social Services,
the State Department of Health begin insert Care end insert Services, the California
Coroner’s Association, the County Welfare Directors Association,
Prevent Child Abuse California, the California Homicide
Investigators Association, the Office of Emergency Services, the
Inter-Agency Council on Child Abuse and Neglect/National Center
on Child Fatality Review, the California Conference of Local
Health Officers, the California Conference of Local Directors of
Maternal, Child, and Adolescent Health, the California Conference
of Local Health Department Nursing Directors, the California
District Attorneys Association, and at least three regional
representatives, chosen by the other members of the council,
working collaboratively for the purposes of this section, shall be
known as the California State Child Death Review Council. The
council shall select a chairperson or cochairpersons from the
members.

(2) The Department of Justice is hereby authorized to carry out
the purposes of this section by coordinating council activities and
working collaboratively with the agencies and organizations in
paragraph (1), and may consult with other representatives of other
agencies and private organizations, to help accomplish the purpose
of this section.

(c) Meetings of the agencies and organizations involved shall
be convened by a representative of the Department of Justice. All
meetings convened between the Department of Justice and any
organizations required to carry out the purpose of this section shall
take place in this state. There shall be a minimum of four meetings
per calendar year.

(d) To accomplish the purpose of this section, the Department
of Justice and agencies and organizations involved shall engage
in the following activities:

(1) Analyze and interpret state and local data on child death in
an annual report to be submitted to local child death review teams
with copies to the Governor and the Legislature, no later than July
1 each year. Copies of the report shall also be distributed to public
officials in the state who deal with child abuse issues and to those
agencies responsible for child death investigation in each county.
The report shall contain, but not be limited to, information provided
by state agencies and the county child death review teams for the
preceding year.

The state data shall include the Department of Justice Child
Abuse Central Index and Supplemental Homicide File, the State
Department of Health Services Vital Statistics, and the State
Department of Social Services Child Welfare Services/Case
Management System.

(2) In conjunction with the Office of Emergency Services,
coordinate statewide and local training for county death review
teams and the members of the teams, including, but not limited to,
training in the application of the interagency child death
investigation protocols and procedures established under Sections
11166.7 and 11166.8 to identify child deaths associated with abuse
or neglect.

(e) The State Department of Public Health, in collaboration with
the California State Child Death Review Council, shall design,
test and implement a statewide child abuse or neglect fatality
tracking system incorporating information collected by local child
death review teams. The department shall:

(1) Establish a minimum case selection criteria and review
protocols of local child death review teams.

(2) Develop a standard child death review form with a minimum
core set of data elements to be used by local child death review
teams, and collect and analyze that data.

(3) Establish procedural safeguards in order to maintain
appropriate confidentiality and integrity of the data.

(4) Conduct annual reviews to reconcile data reported to the
State Department of Health Services Vital Statistics, Department
of Justice Homicide Files and Child Abuse Central Index, and the
State Department of Social Services Child Welfare Services/Case
Management System data systems, with data provided from local
child death review teams.

(5) Provide technical assistance to local child death review teams
in implementing and maintaining the tracking system.

(6) This subdivision shall become operative on July 1, 2000,
and shall be implemented only to the extent that funds are
appropriated for its purposes in the Budget Act.

(f) Local child death review teams shall participate in a statewide
child abuse or neglect fatalities monitoring system by:

(1) Meeting the minimum standard protocols set forth by the
State Department of Public Health in collaboration with the
California State Child Death Review Council.

(2) Using the standard data form to submit information on child
abuse or neglect fatalities in a timely manner established by the
State Department of Public Health.

(g) The California State Child Death Review Council shall
monitor the implementation of the monitoring system and
incorporate the results and findings of the system and review into
an annual report.

(h) The Department of Justice shall direct the creation,
maintenance, updating, and distribution electronically and by paper,
of a statewide child death review team directory, which shall
contain the names of the members of the agencies and private
organizations participating under this section, and the members of
local child death review teams and local liaisons to those teams.
The department shall work in collaboration with members of the
California State Child Death Review Council to develop a directory
of professional experts, resources, and information from relevant
agencies and organizations and local child death review teams,
and to facilitate regional working relationships among teams. The
Department of Justice shall maintain and update these directories
annually.

(i) The agencies or private organizations participating under
this section shall participate without reimbursement from the state.
Costs incurred by participants for travel or per diem shall be borne
by the participant agency or organization. The participants shall
be responsible for collecting and compiling information to be
included in the annual report. The Department of Justice shall be
responsible for printing and distributing the annual report using
available funds and existing resources.

(j) The Office of Emergency Services, in coordination with the
State Department of Social Services, the Department of Justice,
and the California State Child Death Review Council shall contract
with state or nationally recognized organizations in the area of
child death review to conduct statewide training and technical
assistance for local child death review teams and relevant
organizations, develop standardized definitions for fatal child abuse
or neglect, develop protocols for the investigation of fatal child
abuse or neglect, and address relevant issues such as grief and
mourning, data collection, training for medical personnel in the
identification of child abuse or neglect fatalities, domestic violence
fatality review, and other related topics and programs. The
provisions of this subdivision shall only be implemented to the
extent that the agency can absorb the costs of implementation
within its current funding, or to the extent that funds are
appropriated for its purposes in the Budget Act.

(k) Law enforcement and child welfare agencies shall
cross-report all cases of child death suspected to be related to child
abuse or neglect whether or not the deceased child has any known
surviving siblings.

(l) County child welfare agencies shall create a record in the
Child Welfare Services/Case Management System (CWS/CMS)
on all cases of child death suspected to be related to child abuse
or neglect, whether or not the deceased child has any known
surviving siblings. Upon notification that the death was determined
not to be related to child abuse or neglect, the child welfare agency
shall enter that information into the Child Welfare Services/Case
Management System.

begin delete SEC. 473. end delete
begin insert SEC. 426. end insert   

Section 11501 of the Penal Code is amended to read:

11501.  

(a) There is hereby established in the Office of
Emergency Services, 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 office for the purposes of this chapter shall be
administered and distributed by the Director of Emergency
Services.

(b) The Director of Emergency Services 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.

begin delete SEC. 474. end delete
begin insert SEC. 427. end insert   

Section 11502 of the Penal Code is amended to read:

11502.  

(a) Criteria for selection of education, training, and
research programs for local public prosecutors and public defenders
shall be developed by the Office of Emergency Services in
consultation with an advisory group entitled the Prosecutors and
Public Defenders Education and Training Advisory Committee.

(b) The Prosecutors and Public Defenders Education and
Training Advisory Committee shall be composed of six local public
prosecutors and six local public defender representatives, all of
whom are appointed by the Director of Emergency Services, who
shall provide staff services to the advisory committee. In appointing
the members of the committee, the director shall invite the Attorney
General, the State Public Defender, the Speaker of the Assembly,
and the Senate President pro Tempore to participate as ex officio
members of the committee.

(c) The Office of Emergency Services, in consultation with the
advisory committee, shall develop specific guidelines including
criteria for selection of organizations to provide education, training,
and research services.

(d) In determining the equitable allocation of funds between
prosecution and defense functions, the Office of Emergency
Services and the advisory committee shall give consideration to
the amount of local government expenditures on a statewide basis
for the support of those functions.

(e) The administration of the overall program shall be performed
by the Office of Emergency Services. The office may, out of any
appropriation for this program, expend an amount not to exceed
7.5 percent for any fiscal year for those purposes.

(f) No funds appropriated pursuant to this title shall be used to
support a legislative advocate.

(g) To the extent necessary to meet the requirements of the State
Bar of California relating to certification of training for legal
specialists, the executive director shall ensure that, where
appropriate, all programs funded under this title are open to all
members of the State Bar of California. The program guidelines
established pursuant to subdivision (c) shall provide for the
reimbursement of costs for all participants deemed eligible by the
Office of Emergency Services, in conjunction with the Legal
Training Advisory Committee, by means of course attendance.

begin delete SEC. 475. end delete
begin insert SEC. 428. end insert   

Section 11504 of the Penal Code is amended to read:

11504.  

To the extent funds are appropriated from the
Assessment Fund to the Local Public Prosecutors and Public
Defenders Training Fund established pursuant to Section 11503,
the Office of Emergency Services shall allocate financial resources
for statewide programs of education, training, and research for
local public prosecutors and public defenders.

begin delete SEC. 476. end delete
begin insert SEC. 429. end insert   

Section 13100.1 of the Penal Code is amended to
read:

13100.1.  

(a) The Attorney General shall appoint an advisory
committee to the California-Criminal Index and Identification
(Cal-CII) system to assist in the ongoing management of the system
with respect to operating policies, criminal records content, and
records retention. The committee shall serve at the pleasure of the
Attorney General, without compensation, except for reimbursement
of necessary expenses.

(b) The committee shall consist of the following representatives:

(1) One representative from the California Police Chiefs’
Association.

(2) One representative from the California Peace Officers’
Association.

(3) Three representatives from the California State Sheriffs’
Association.

(4) One trial judge appointed by the Judicial Council.

(5) One representative from the California District Attorneys
Association.

(6) One representative from the California Court Clerks’
Association.

(7) One representative from the Office of Emergency Services.

(8) One representative from the Chief Probation Officers’
Association.

(9) One representative from the Department of Corrections and
Rehabilitation.

(10) One representative from the Department of the California
Highway Patrol.

(11) One member of the public, appointed by the Senate
Committee on Rules, who is knowledgeable and experienced in
the process of utilizing background clearances.

(12) One member of the public, appointed by the Speaker of
the Assembly, who is knowledgeable and experienced in the
process of utilizing background clearances.

begin delete SEC. 477. end delete
begin insert SEC. 430. end insert   

Section 13800 of the Penal Code is amended to read:

13800.  

Unless otherwise required by context, as used in this
title:

(a) “Agency” means the Office of Emergency Services.

(b) “Board” means the Board of State and Community
Corrections.

(c) “Federal acts” means Subchapter V of Chapter 46 of the
federal Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. Sec. 3750 et seq.), the federal Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. Sec. 5601 et seq.),
and any act or acts amendatory or supplemental thereto.

(d) “Local boards” means local criminal justice planning boards.

(e) “Executive director” means the Executive Director of the
Board of State and Community Corrections.

(f) This section shall become operative on July 1, 2012.

begin delete SEC. 478. end delete
begin insert SEC. 431. end insert   

Section 13820 of the Penal Code is amended to read:

13820.  

(a) The Office of Criminal Justice Planning is hereby
abolished. The duties and obligations of that office, and all powers
and authority formerly exercised by that office, shall be transferred
to and assumed by the Office of Emergency Services, with the
exception of the duties described in Section 6024, which shall be
assumed by the Board of State and Community Corrections.

(b) Except for this section, the phrase “Office of Criminal Justice
Planning” or any reference to that phrase in this code shall be
construed to mean or refer to the Office of Emergency Services.
Any reference to the executive director of the Office of Criminal
Justice Planning in this code shall be construed to mean the
Director of Emergency Services.

begin delete

SEC. 479.  

Section 13821 of the Penal Code is amended to read:

13821.  

(a) For the 2011-12 fiscal year, the Controller shall
allocate 9 percent of the amount deposited in the Local Law
Enforcement Services Account in the Local Revenue Fund 2011
to the Office of Emergency Services. The Controller shall allocate
these funds on a quarterly basis beginning on October 1. These
funds shall be allocated by the Controller pursuant to a schedule
provided by the Office of Emergency Services which shall be
developed according to the office’s existing programmatic
guidelines and the following percentages:

(1) The California Multi-Jurisdictional Methamphetamine
Enforcement Teams shall receive 47.52 percent in the 2011-12
fiscal year.

(2) The Multi-Agency Gang Enforcement Consortium shall
receive 0.2 percent in the 2011-12 fiscal year.

(3) The Sexual Assault Felony Enforcement Teams, authorized
by Section 13887, shall receive 12.48 percent in the 2011-12 fiscal
year.

(4) The High Technology Theft Apprehension and Prosecution
Program, authorized by Section 13848.2, shall receive 26.83
percent in the 2011-12 fiscal year.

(5) The Gang Violence Suppression Program authorized by
Section 13826.1, shall receive 3.91 percent in the 2011-12 fiscal
year.

(6) The Central Valley and Central Coast Rural Crime
Prevention Programs, authorized by Sections 14170 and 14180,
shall receive 9.06 percent in the 2011-12 fiscal year.

(b) For the 2011-12 fiscal year, the Office of Emergency
Services may be reimbursed up to five hundred eleven thousand
dollars ($511,000) from the funds allocated in subdivision (a) for
program administrative costs.

(c) Commencing with the 2012-13 fiscal year, the Controller
shall allocate 8.35 percent of the amount deposited in the
Enhancing Law Enforcement Activities Subaccount in the Local
Revenue Fund 2011 and shall distribute the moneys as follows:

(1) Commencing with the 2012-13 fiscal year, the California
Multi-Jurisdictional Methamphetamine Enforcement Teams shall
receive 47.52 percent and shall be allocated by the Controller
according to the following schedule:

 

Alameda County	1.7109%
Alpine County	0.6327%
Amador County	0.6327%
Butte County	1.6666%
Calaveras County	0.8435%
Colusa County	0.1623%
Contra Costa County	1.3163%
Del Norte County	0.2167%
El Dorado County	1.3716%
Fresno County	5.3775%
Glenn County	0.2130%
Humboldt County	1.0198%
Imperial County	2.5510%
Inyo County	0.6327%
Kern County	5.6938%
Kings County	0.9701%
Lake County	0.6604%
Lassen County	0.2643%
Los Angeles County	5.3239%
Madera County	0.9701%
Marin County	0.6292%
Mariposa County	0.6327%
Mendocino County	0.6846%
Merced County	1.8136%
Modoc County	0.0734%
Mono County	0.6327%
Monterey County	0.9018%
Napa County	0.6803%
Nevada County	0.7482%
Orange County	1.5661%
Placer County	2.6395%
Plumas County	0.1516%
Riverside County	5.6395%
Sacramento County	10.0169%
San Benito County	0.8404%
San Bernardino County	8.9364%
San Diego County	2.5510%
San Francisco County	1.0034%
San Joaquin County	4.6394%
San Luis Obispo County	1.3483%
San Mateo County	1.1224%
Santa Barbara County	1.3483%
Santa Clara County	2.0612%
Santa Cruz County	0.8333%
Shasta County	1.3426%
Sierra County	0.0245%
Siskiyou County	0.3401%
Solano County	1.8979%
Sonoma County	1.1610%
Stanislaus County	3.6272%
Sutter County	0.7177%
Tehama County	0.4808%
Trinity County	0.1044%
Tulare County	2.5306%
Tuolumne County	0.6327%
Ventura County	1.3483%
Yolo County	1.5215%
Yuba County	0.5466%

 

(2) Commencing with the 2012-13 fiscal year, the Multi-Agency
Gang Enforcement Consortium shall receive 0.2 percent and shall
be allocated by the Controller to Fresno County.

(3) Commencing with the 2012-13 fiscal year, the Sexual
Assault Felony Enforcement Teams, authorized by Section 13887,
shall receive 12.48 percent and shall be allocated by the Controller
according to the following schedule:

 

Los Angeles County	21.0294%
Riverside County	12.8778%
Sacramento County	14.0198%
San Luis Obispo County	12.0168%
Santa Clara County	17.0238%
Shasta County	12.0168%
Tulare County	11.0156%

 

(4) Commencing with the 2012-13 fiscal year, the High
Technology Theft Apprehension and Prosecution Program,
authorized by Section 13848.2, shall receive 26.83 percent and
shall be allocated by the Controller according to the following
schedule:

 

Los Angeles County	18.25%
Marin County	18.25%
Marin County, for use by the Department of Justice in implementing subdivision (b) of Section 13848.4	7.00%
Marin County, for use by the California District Attorneys Association in implementing subdivision (b) of Section 13848.4	1.75%
Sacramento County	18.25%
San Diego County	18.25%
Santa Clara County	18.25%

 

(5) Commencing with the 2012-13 fiscal year, the Gang Violence Suppression Program, authorized by Section 13826.1, shall receive 3.91 percent and shall be allocated by the Controller according to the following schedule:

 

Alameda County	9.6775%
Los Angeles County	22.5808%
Monterey County	9.6775%
Napa County	17.7417%
City of Oxnard	17.7417%
City of Sacramento	22.5808%

 

(6) Commencing with the 2012-13 fiscal year, the Central
Valley and Central Coast Rural Crime Prevention Programs,
authorized by Sections 14170 and 14180, shall receive 9.06 percent
and shall be allocated by the Controller according to the following
schedule:

 

Fresno County	18.5588%
Kern County	13.7173%
Kings County	6.8587%
Madera County	4.4380%
Merced County	6.8587%
Monterey County	7.2411%
San Benito County	4.8273%
San Joaquin County	6.8587%
San Luis Obispo County	2.1723%
Santa Barbara County	3.6206%
Santa Cruz County	1.4482%
Stanislaus County	6.8587%
Tulare County	16.5415%

 

(d) For any of the programs described in this section, funding
will be distributed by local agencies as would otherwise have
occurred pursuant to Section 1 of Chapter 13 of the Statutes of
2011, First Extraordinary Session.

end delete

begin insert

begin insert SEC. 432. end insert   

end insert

begin insert Section 13821 of the end insert begin insert Penal Code end insert begin insert , as amended by
Senate Bill 76 of the 2013- end insert begin insert 14 Regular Session, is amended to read: end insert

13821.  

(a) For the 2011-12 fiscal year, the Controller shall allocate 9 percent of the amount deposited in the Local Law Enforcement Services Account in the Local Revenue Fund 2011 to the begin delete California Emergency Management Agency end delete begin insert Office of Emergency Services end insert . The Controller shall allocate these funds on a quarterly basis beginning on October 1. These funds shall be allocated by the Controller pursuant to a schedule provided by the begin delete California Emergency Management Agency end delete begin insert Office of Emergency Services end insert which shall be developed according to the agency’s existing programmatic guidelines and the following percentages:

(1) The California Multi-Jurisdictional Methamphetamine
Enforcement Teams shall receive 47.52 percent in the 2011-12
fiscal year.

(2) The Multi-Agency Gang Enforcement Consortium shall
receive 0.2 percent in the 2011-12 fiscal year.

(3) The Sexual Assault Felony Enforcement Teams, authorized
by Section 13887, shall receive 12.48 percent in the 2011-12 fiscal
year.

(4) The High Technology Theft Apprehension and Prosecution
Program, authorized by Section 13848.2, shall receive 26.83
percent in the 2011-12 fiscal year.

(5) The Gang Violence Suppression Program authorized by
Section 13826.1, shall receive 3.91 percent in the 2011-12 fiscal
year.

(6) The Central Valley and Central Coast Rural Crime
Prevention Programs, authorized by Sections 14170 and 14180,
shall receive 9.06 percent in the 2011-12 fiscal year.

(b) For the 2011-12 fiscal year, the begin delete California Emergency
Management Agency end delete begin insert Office of Emergency Services end insert may be
reimbursed up to five hundred eleven thousand dollars ($511,000)
from the funds allocated in subdivision (a) for program
administrative costs.

(c) Commencing with the 2012-13 fiscal year, the Controller
shall allocate 8.35 percent of the amount deposited in the
Enhancing Law Enforcement Activities Subaccount in the Local
Revenue Fund 2011 and shall distribute the moneys as follows:

(1) Commencing with the 2012-13 fiscal year, the California
Multi-Jurisdictional Methamphetamine Enforcement Teams shall
receive 47.52 percent and shall be allocated by the Controller
according to the following schedule:

 

Alameda County	1.7109%
Alpine County	0.6327%
Amador County	0.6327%
Butte County	1.6666%
Calaveras County	0.8435%
Colusa County	0.1623%
Contra Costa County	1.3163%
Del Norte County	0.2167%
El Dorado County	1.3716%
Fresno County	5.3775%
Glenn County	0.2130%
Humboldt County	1.0198%
Imperial County	2.5510%
Inyo County	0.6327%
Kern County	5.6938%
Kings County	0.9701%
Lake County	0.6604%
Lassen County	0.2643%
Los Angeles County	5.3239%
Madera County	0.9701%
Marin County	0.6292%
Mariposa County	0.6327%
Mendocino County	0.6846%
Merced County	1.8136%
Modoc County	0.0734%
Mono County	0.6327%
Monterey County	0.9018%
Napa County	0.6803%
Nevada County	0.7482%
Orange County	1.5661%
Placer County	2.6395%
Plumas County	0.1516%
Riverside County	5.6395%
Sacramento County	10.0169%
San Benito County	0.8404%
San Bernardino County	8.9364%
San Diego County	2.5510%
San Francisco County	1.0034%
San Joaquin County	4.6394%
San Luis Obispo County	1.3483%
San Mateo County	1.1224%
Santa Barbara County	1.3483%
Santa Clara County	2.0612%
Santa Cruz County	0.8333%
Shasta County	1.3426%
Sierra County	0.0245%
Siskiyou County	0.3401%
Solano County	1.8979%
Sonoma County	1.1610%
Stanislaus County	3.6272%
Sutter County	0.7177%
Tehama County	0.4808%
Trinity County	0.1044%
Tulare County	2.5306%
Tuolumne County	0.6327%
Ventura County	1.3483%
Yolo County	1.5215%
Yuba County	0.5466%

 

(2) Commencing with the 2013-14 fiscal year, the California
Multi-Jurisdictional Methamphetamine Enforcement Teams shall
receive 47.52 percent and shall be allocated in monthly installments
by the Controller according to the following schedule:

 

Alameda County	1.7109%
Alpine County	0.6327%
Amador County	0.6327%
Butte County	1.6666%
Calaveras County	0.8435%
Colusa County	0.1623%
Contra Costa County	1.3163%
Del Norte County	0.2167%
El Dorado County	1.3716%
Fresno County	5.3775%
Glenn County	0.2130%
Humboldt County	1.0198%
Imperial County	2.5510%
Inyo County	0.6327%
Kern County	5.6938%
Kings County	0.9701%
Lake County	0.6604%
Lassen County	0.2643%
Los Angeles County	5.3239%
Madera County	0.9701%
Marin County	0.6292%
Mariposa County	0.6327%
Mendocino County	0.6846%
Merced County	1.8136%
Modoc County	0.0734%
Mono County	0.6327%
Monterey County	0.9018%
Napa County	0.6803%
Nevada County	0.7482%
Orange County	1.5661%
Placer County	2.6395%
Plumas County	0.1516%
Riverside County	5.6395%
Sacramento County	10.0169%
San Benito County	0.8404%
San Bernardino County	8.9364%
San Diego County	2.5510%
San Francisco County	1.0034%
San Joaquin County	4.6394%
San Luis Obispo County	1.3483%
San Mateo County	1.1224%
Santa Barbara County	1.3483%
Santa Clara County	2.0612%
Santa Cruz County	0.8333%
Shasta County	1.3426%
Sierra County	0.0245%
Siskiyou County	0.3401%
Solano County	1.8979%
Sonoma County	1.1610%
Stanislaus County	3.6272%
Sutter County	0.7177%
Tehama County	0.4808%
Trinity County	0.1044%
Tulare County	2.5306%
Tuolumne County	0.6327%
Ventura County	1.3483%
Yolo County	1.5215%
Yuba County	0.5466%

 

(3) Commencing with the 2012-13 fiscal year, the Multi-Agency
Gang Enforcement Consortium shall receive 0.2 percent and shall
be allocated by the Controller to Fresno County.

(4) Commencing with the 2013-14 fiscal year, the Multi-Agency
Gang Enforcement Consortium shall receive 0.2 percent and shall
be allocated in monthly installments by the Controller to Fresno
County.

(5) Commencing with the 2012-13 fiscal year, the Sexual
Assault Felony Enforcement Teams, authorized by Section 13887,
shall receive 12.48 percent and shall be allocated by the Controller
according to the following schedule:

 

Los Angeles County	21.0294%
Riverside County	12.8778%
Sacramento County	14.0198%
San Luis Obispo County	12.0168%
Santa Clara County	17.0238%
Shasta County	12.0168%
Tulare County	11.0156%

 

(6) Commencing with the 2013-14 fiscal year, the Sexual
Assault Felony Enforcement Teams, authorized by Section 13887,
shall receive 12.48 percent and shall be allocated by the Controller
in monthly installments according to the following schedule:

 

Los Angeles County	21.0294%
Riverside County	12.8778%
Sacramento County	14.0198%
San Luis Obispo County	12.0168%
Santa Clara County	17.0238%
Shasta County	12.0168%
Tulare County	11.0156%

 

(7) Commencing with the 2012-13 fiscal year, the High
Technology Theft Apprehension and Prosecution Program,
authorized by Section 13848.2, shall receive 26.83 percent and
shall be allocated by the Controller according to the following
schedule:

 

Los Angeles County	18.25%
Marin County	18.25%
Marin County, for use by the Department of Justice in implementing subdivision (b) of Section 13848.4	7.00%
Marin County, for use by the California District Attorneys Association in implementing subdivision (b) of Section 13848.4	1.75%
Sacramento County	18.25%
San Diego County	18.25%
Santa Clara County	18.25%

 

(8) Commencing with the 2013-14 fiscal year, the High
Technology Theft Apprehension and Prosecution Program,
authorized by Section 13848.2, shall receive 26.83 percent and
shall be allocated by the Controller in monthly installments
according to the following schedule:

 

Los Angeles County	18.25%
Marin County	18.25%
Marin County, for use by the Department of Justice in implementing subdivision (b) of Section 13848.4	7.00%
Marin County, for use by the California District Attorneys Association in implementing subdivision (b) of Section 13848.4	1.75%
Sacramento County	18.25%
San Diego County	18.25%
Santa Clara County	18.25%

 

(9) Commencing with the 2012-13 fiscal year, the Gang
Violence Suppression Program, authorized by Section 13826.1,
shall receive 3.91 percent and shall be allocated by the Controller
according to the following schedule:

 

Alameda County	9.6775%
Los Angeles County	22.5808%
Monterey County	9.6775%
Napa County	17.7417%
City of Oxnard	17.7417%
City of Sacramento	22.5808%

 

(10) Commencing with the 2013-14 fiscal year, the Gang
Violence Suppression Program, authorized by Section 13826.1,
shall receive 3.91 percent and shall be allocated by the Controller
in monthly installments according to the following schedule:

 

Alameda County	9.6775%
Los Angeles County	22.5808%
Monterey County	9.6775%
Napa County	17.7417%
City of Oxnard	17.7417%
City of Sacramento	22.5808%

 

(11) Commencing with the 2012-13 fiscal year, the Central
Valley and Central Coast Rural Crime Prevention Programs,
authorized by Sections 14170 and 14180, shall receive 9.06 percent
and shall be allocated by the Controller according to the following
schedule:

 

Fresno County	18.5588%
Kern County	13.7173%
Kings County	6.8587%
Madera County	4.4380%
Merced County	6.8587%
Monterey County	7.2411%
San Benito County	4.8273%
San Joaquin County	6.8587%
San Luis Obispo County	2.1723%
Santa Barbara County	3.6206%
Santa Cruz County	1.4482%
Stanislaus County	6.8587%
Tulare County	16.5415%

 

(12) Commencing with the 2013-14 fiscal year, the Central
Valley and Central Coast Rural Crime Prevention Programs,
authorized by Sections 14170 and 14180, shall receive 9.06 percent
and shall be allocated by the Controller in monthly installments
according to the following schedule:

 

Fresno County	18.5588%
Kern County	13.7173%
Kings County	6.8587%
Madera County	4.4380%
Merced County	6.8587%
Monterey County	7.2411%
San Benito County	4.8273%
San Joaquin County	6.8587%
San Luis Obispo County	2.1723%
Santa Barbara County	3.6206%
Santa Cruz County	1.4482%
Stanislaus County	6.8587%
Tulare County	16.5415%

 

(d) For any of the programs described in this section, funding
will be distributed by local agencies as would otherwise have
occurred pursuant to Section 1 of Chapter 13 of the Statutes of
2011, First Extraordinary Session.

begin delete SEC. 480. end delete
begin insert SEC. 433. end insert   

Section 13823.2 of the Penal Code is amended to
read:

13823.2.  

(a) The Legislature hereby finds and declares all of
the following:

(1) That violent and serious crimes are being committed against
the elderly on an alarmingly regular basis.

(2) That in 1985, the United States Department of Justice
reported that approximately 1 in every 10 elderly households in
the nation would be touched by crime.

(3) That the California Department of Justice, based upon limited
data received from local law enforcement agencies, reported that
approximately 10,000 violent crimes were committed against
elderly victims in 1985.

(4) That while the elderly may not be the most frequent targets
of crime, when they are victimized the impact of each vicious
attack has long-lasting effects. Injuries involving, for example, a
broken hip may never heal properly and often leave the victim
physically impaired. The loss of money used for food and other
daily living expenses for these costs may be life-threatening for
the older citizen on a fixed income. In addition, stolen or damaged
property often cannot be replaced.

(5) Although the State of California currently funds programs
to provide assistance to victims of crime and to provide general
crime prevention information, there are limited specialized efforts
to respond directly to the needs of elderly victims or to provide
prevention services tailored for the senior population.

(b) It is the intent of the Legislature that victim services, crime
prevention, and criminal justice training programs funded by the
Office of Emergency Services shall include, consistent with
available resources, specialized components that respond to the
diverse needs of elderly citizens residing in the state.

begin delete SEC. 481. end delete
begin insert SEC. 434. end insert   

Section 13823.3 of the Penal Code is amended to
read:

13823.3.  

The Office of Emergency Services may expend funds
for local domestic violence programs, subject to the availability
of funds therefor.

begin delete SEC. 482. end delete
begin insert SEC. 435. end insert   

Section 13823.4 of the Penal Code is amended to
read:

13823.4.  

(a) The Legislature finds the problem of family
violence to be of serious and increasing magnitude. The Legislature
also finds that acts of family violence often result in other crimes
and social problems.

(b) There is in the Office of Emergency Services, a Family
Violence Prevention Program. This program shall provide financial
and technical assistance to local domestic and family violence
centers in implementing family violence prevention programs.

The goals and functions of the program shall include all of the
following:

(1) Promotion of community involvement through public
education geared specifically toward reaching and educating the
friends and neighbors of members of violent families.

(2) Development and dissemination of model protocols for the
training of criminal justice system personnel in domestic violence
intervention and prevention.

(3) Increasing citizen involvement in family violence prevention.

(4) Identification and testing of family violence prevention
models.

(5) Replication of successful models, as appropriate, through
the state.

(6) Identification and testing of domestic violence model
protocols and intervention systems in major service delivery
institutions.

(7) Development of informational materials and seminars to
enable emulation or adaptation of the models by other communities.

(8) Provision of domestic violence prevention education and
skills to students in schools.

(c) The Director of Emergency Services shall allocate funds to
local centers meeting the criteria for funding that shall be
established by the Office of Emergency Services in consultation
with practitioners and experts in the field of family violence
prevention. All centers receiving funds pursuant to this section
shall have had an ongoing recognized program, supported by either
public or private funds, dealing with an aspect of family violence,
for at least two years prior to the date specified for submission of
applications for funding pursuant to this section. All centers funded
pursuant to this section shall utilize volunteers to the greatest extent
possible.

The centers may seek, receive, and make use of any funds which
may be available from all public and private sources to augment
any state funds received pursuant to this section. Sixty percent of
the state funds received pursuant to this section shall be used to
develop and implement model program protocols and materials.
Forty percent of the state funds received pursuant to this section
shall be allocated to programs to disseminate model program
protocols and materials. Dissemination shall include training for
domestic violence agencies in California. Each of the programs
funded under this section shall focus on no more than two targeted
areas. These targeted model areas shall be determined by the Office
of Emergency Services in consultation with practitioners and
experts in the field of domestic violence, using the domestic
violence model priorities survey of the California Alliance Against
Domestic Violence.

Centers receiving funding shall provide matching funds of at
least 10 percent of the funds received pursuant to this section.

(d) The Office of Emergency Services shall develop and
disseminate throughout the state information and materials
concerning family violence prevention, including, but not limited
to, a procedures manual on prevention models. The Office of
Emergency Services shall also establish a resource center for the
collection, retention, and distribution of educational materials
related to family violence and its prevention.

begin delete SEC. 483. end delete
begin insert SEC. 436. end insert   

Section 13823.5 of the Penal Code is amended to
read:

13823.5.  

(a) The Office of Emergency Services, with the
assistance of the advisory committee established pursuant to
Section 13836, shall establish a protocol for the examination and
treatment of victims of sexual assault and attempted sexual assault,
including child molestation, and the collection and preservation
of evidence therefrom. The protocol shall contain recommended
methods for meeting the standards specified in Section 13823.11.

(b) In addition to the protocol, the Office of Emergency Services
shall develop informational guidelines, containing general reference
information on evidence collection and examination of victims of,
and psychological and medical treatment for victims of, sexual
assault and attempted sexual assault, including child molestation.

In developing the protocol and the informational guidelines, the
Office of Emergency Services and the advisory committee shall
seek the assistance and guidance of organizations assisting victims
of sexual assault; qualified health care professionals, criminalists,
and administrators who are familiar with emergency room
procedures; victims of sexual assault; and law enforcement
officials.

(c) The Office of Emergency Services, in cooperation with the
State Department of Public Health and the Department of Justice,
shall adopt a standard and a complete form or forms for the
recording of medical and physical evidence data disclosed by a
victim of sexual assault or attempted sexual assault, including child
molestation.

Each qualified health care professional who conducts an
examination for evidence of a sexual assault or an attempted sexual
assault, including child molestation, shall use the standard form
or forms adopted pursuant to this section, and shall make those
observations and perform those tests as may be required for
recording of the data required by the form. The forms shall be
subject to the same principles of confidentiality applicable to other
medical records.

The Office of Emergency Services shall make copies of the
standard form or forms available to every public or private general
acute care hospital, as requested.

The standard form shall be used to satisfy the reporting
requirements specified in Sections 11160 and 11161 in cases of
sexual assault, and may be used in lieu of the form specified in
Section 11168 for reports of child abuse.

(d) The Office of Emergency Services shall distribute copies
of the protocol and the informational guidelines to every general
acute care hospital, law enforcement agency, and prosecutor’s
office in the state.

(e) As used in this chapter, “qualified health care professional”
means a physician and surgeon currently licensed pursuant to
Chapter 5 (commencing with Section 2000) of Division 2 of the
Business and Professions Code, or a nurse currently licensed
pursuant to Chapter 6 (commencing with Section 2700) of Division
2 of the Business and Professions Code and working in consultation
with a physician and surgeon who conducts examinations or
provides treatment as described in Section 13823.9 in a general
acute care hospital or in a physician and surgeon’s office.

begin delete SEC. 484. end delete
begin insert SEC. 437. end insert   

Section 13823.6 of the Penal Code is amended to
read:

13823.6.  

The Office of Emergency Services may secure grants,
donations, or other funding for the purpose of funding any
statewide task force on sexual assault of children that may be
established and administered by the Department of Justice.

begin delete SEC. 485. end delete
begin insert SEC. 438. end insert   

Section 13823.9 of the Penal Code is amended to
read:

13823.9.  

(a) Every public or private general acute care hospital
that examines a victim of sexual assault or attempted sexual assault,
including child molestation, shall comply with the standards
specified in Section 13823.11 and the protocol and guidelines
adopted pursuant to Section 13823.5.

(b) Each county with a population of more than 100,000 shall
arrange that professional personnel trained in the examination of
victims of sexual assault, including child molestation, shall be
present or on call either in the county hospital which provides
emergency medical services or in any general acute care hospital
which has contracted with the county to provide emergency
medical services. In counties with a population of 1,000,000 or
more, the presence of these professional personnel shall be arranged
in at least one general acute care hospital for each 1,000,000
persons in the county.

(c) Each county shall designate at least one general acute care
hospital to perform examinations on victims of sexual assault,
including child molestation.

(d) (1) The protocol published by the Office of Emergency
Services shall be used as a guide for the procedures to be used by
every public or private general acute care hospital in the state for
the examination and treatment of victims of sexual assault and
attempted sexual assault, including child molestation, and the
collection and preservation of evidence therefrom.

(2) The informational guide developed by the Office of
Emergency Services shall be consulted where indicated in the
protocol, as well as to gain knowledge about all aspects of
examination and treatment of victims of sexual assault and child
molestation.

begin delete SEC. 486. end delete
begin insert SEC. 439. end insert   

Section 13823.12 of the Penal Code is amended to
read:

13823.12.  

Failure to comply fully with Section 13823.11 or
with the protocol or guidelines, or to utilize the form established
by the Office of Emergency Services, shall not constitute grounds
to exclude evidence, nor shall the court instruct or comment to the
trier of fact in any case that less weight may be given to the
evidence based on the failure to comply.

begin delete SEC. 487. end delete
begin insert SEC. 440. end insert   

Section 13823.13 of the Penal Code is amended to
read:

13823.13.  

(a) The Office of Emergency Services shall develop
a course of training for qualified health care professionals relating
to the examination and treatment of victims of sexual assault. In
developing the curriculum for the course, the Office of Emergency
Services shall consult with health care professionals and
appropriate law enforcement agencies. The Office of Emergency
Services shall also obtain recommendations from the same health
care professionals and appropriate law enforcement agencies on
the best means to disseminate the course of training on a statewide
basis. The Office of Emergency Services is encouraged to designate
a course of training for qualified health care professionals, as
described in this section, and shall partner with other allied
professionals training courses, such as sexual assault investigator
training administered by the Peace Officer Standards and Training
(POST), sexual assault prosecutor training as administered by the
California District Attorneys Association (CDAA), or sexual
assault advocate training as administered by the California
Coalition Against Sexual Assault (CalCASA).

(b) The training course developed pursuant to subdivision (a)
shall be designed to train qualified health care professionals to do
all of the following:

(1) Perform a health assessment of victims of sexual assault in
accordance with any applicable minimum standards set forth in
Section 13823.11.

(2) Collect and document physical and laboratory evidence in
accordance with any applicable minimum standards set forth in
Section 13823.11.

(3) Provide information and referrals to victims of sexual assault
to enhance the continuity of care of victims.

(4) Present testimony in court.

(c) As used in this section, “qualified health care professional”
means a physician and surgeon currently licensed pursuant to
Chapter 5 (commencing with Section 2000) of Division 2 of the
Business and Professions Code, or a nurse currently licensed
pursuant to Chapter 6 (commencing with Section 2700) of Division
2 of the Business and Professions Code who works in consultation
with a physician and surgeon or who conducts examinations
described in Section 13823.9 in a general acute care hospital or in
the office of a physician and surgeon, a nurse practitioner currently
licensed pursuant to Chapter 6 (commencing with Section 2834)
of Division 2 of the Business and Professions Code, or a physician
assistant licensed pursuant to Chapter 7.7 (commencing with
Section 3500) of Division 2 of the Business and Professions Code.

(d) As used in this section, “appropriate law enforcement
agencies” may include, but shall not be limited to, the Attorney
General of the State of California, any district attorney, and any
agency of the State of California expressly authorized by statute
to investigate or prosecute law violators.

begin delete SEC. 488. end delete
begin insert SEC. 441. end insert   

Section 13823.15 of the Penal Code is amended to
read:

13823.15.  

(a) The Legislature finds the problem of domestic
violence to be of serious and increasing magnitude. The Legislature
also finds that existing domestic violence services are underfunded
and that some areas of the state are unserved or underserved.
Therefore, it is the intent of the Legislature that a goal or purpose
of the Office of Emergency Services shall be to ensure that all
victims of domestic violence served by the Office of Emergency
Services Comprehensive Statewide Domestic Violence Program
receive comprehensive, quality services.

(b) There is in the Office of Emergency Services a
Comprehensive Statewide Domestic Violence Program. The goals
of the program shall be to provide local assistance to existing
service providers, to maintain and expand services based on a
demonstrated need, and to establish a targeted or directed program
for the development and establishment of domestic violence
services in currently unserved and underserved areas. The Office
of Emergency Services shall provide financial and technical
assistance to local domestic violence centers in implementing all
of the following services:

(1) Twenty-four-hour crisis hotlines.

(2) Counseling.

(3) Business centers.

(4) Emergency “safe” homes or shelters for victims and families.

(5) Emergency food and clothing.

(6) Emergency response to calls from law enforcement.

(7) Hospital emergency room protocol and assistance.

(8) Emergency transportation.

(9) Supportive peer counseling.

(10) Counseling for children.

(11) Court and social service advocacy.

(12) Legal assistance with temporary restraining orders, devices,
and custody disputes.

(13) Community resource and referral.

(14) Household establishment assistance.

Priority for financial and technical assistance shall be given to
emergency shelter programs and “safe” homes for victims of
domestic violence and their children.

(c) Except as provided in subdivision (f), the Office of
Emergency Services and the advisory committee established
pursuant to Section 13823.16 shall collaboratively administer the
Comprehensive Statewide Domestic Violence Program, and shall
allocate funds to local centers meeting the criteria for funding. All
organizations funded pursuant to this section shall utilize volunteers
to the greatest extent possible.

The centers may seek, receive, and make use of any funds which
may be available from all public and private sources to augment
state funds received pursuant to this section.

Centers receiving funding shall provide cash or an in-kind match
of at least 10 percent of the funds received pursuant to this section.

(d) The Office of Emergency Services shall conduct statewide
training workshops on domestic violence for local centers, law
enforcement, and other service providers designed to enhance
service programs. The workshops shall be planned in conjunction
with practitioners and experts in the field of domestic violence
prevention. The workshops shall include a curriculum component
on lesbian, gay, bisexual, and transgender specific domestic abuse.

(e) The Office of Emergency Services shall develop and
disseminate throughout the state information and materials
concerning domestic violence. The Office of Emergency Services
shall also establish a resource center for the collection, retention,
and distribution of educational materials related to domestic
violence. The Office of Emergency Services may utilize and
contract with existing domestic violence technical assistance
centers in this state in complying with the requirements of this
subdivision.

(f) The funding process for distributing grant awards to domestic
violence shelter service providers (DVSSPs) shall be administered
by the Office of Emergency Services as follows:

(1) The Office of Emergency Services shall establish each of
the following:

(A) The process and standards for determining whether to grant,
renew, or deny funding to any DVSSP applying or reapplying for
funding under the terms of the program.

(B) For DVSSPs applying for grants under the request for
proposal process described in paragraph (2), a system for grading
grant applications in relation to the standards established pursuant
to subparagraph (A), and an appeal process for applications that
are denied. A description of this grading system and appeal process
shall be provided to all DVSSPs as part of the application required
under the RFP process.

(C) For DVSSPs reapplying for funding under the request for
application process described in paragraph (4), a system for grading
the performance of DVSSPs in relation to the standards established
pursuant to subparagraph (A), and an appeal process for decisions
to deny or reduce funding. A description of this grading system
and appeal process shall be provided to all DVSSPs receiving
grants under this program.

(2) Grants for shelters that were not funded in the previous cycle
shall be awarded as a result of a competitive request for proposal
(RFP) process. The RFP process shall comply with all applicable
state and federal statutes for domestic violence shelter funding
and, to the extent possible, the response to the RFP shall not exceed
25 narrative pages, excluding attachments.

(3) Grants shall be awarded to DVSSPs that propose to maintain
shelters or services previously granted funding pursuant to this
section, to expand existing services or create new services, or to
establish new domestic violence shelters in underserved or
unserved areas. Each grant shall be awarded for a three-year term.

(4) DVSSPs reapplying for grants shall not be subject to a
competitive grant process, but shall be subject to a request for
application (RFA) process. The RFA process shall consist in part
of an assessment of the past performance history of the DVSSP
in relation to the standards established pursuant to paragraph (1).
The RFA process shall comply with all applicable state and federal
statutes for domestic violence center funding and, to the extent
possible, the response to the RFA shall not exceed 10 narrative
pages, excluding attachments.

(5) A DVSSP funded through this program in the previous grant
cycle, including a DVSSP funded by Chapter 707 of the Statutes
of 2001, shall be funded upon reapplication, unless, pursuant to
the assessment required under the RFA process, its past
performance history fails to meet the standards established by the
Office of Emergency Services pursuant to paragraph (1).

(6) The Office of Emergency Services shall conduct a minimum
of one site visit every three years for each DVSSP funded pursuant
to this subdivision. The purpose of the site visit shall be to conduct
a performance assessment of, and provide subsequent technical
assistance for, each shelter visited. The performance assessment
shall include, but need not be limited to, a review of all of the
following:

(A) Progress in meeting program goals and objectives.

(B) Agency organization and facilities.

(C) Personnel policies, files, and training.

(D) Recordkeeping, budgeting, and expenditures.

(E) Documentation, data collection, and client confidentiality.

(7) After each site visit conducted pursuant to paragraph (6),
the Office of Emergency Services shall provide a written report
to the DVSSP summarizing the performance of the DVSSP,
deficiencies noted, corrective action needed, and a deadline for
corrective action to be completed. The Office of Emergency
Services shall also develop a corrective action plan for verifying
the completion of corrective action required. The Office of
Emergency Services shall submit its written report to the DVSSP
no more than 60 days after the site visit. No grant under the RFA
process shall be denied if the DVSSP has not received a site visit
during the previous three years, unless the Office of Emergency
Services is aware of criminal violations relative to the
administration of grant funding.

(8) If an agency receives funding from both the Comprehensive
Statewide Domestic Violence Program in the Office of Emergency
Services and the Maternal, Child, and Adolescent Health Division
of the State Department of Public Health during any grant cycle,
the Comprehensive Statewide Domestic Violence Program and
the Maternal, Child, and Adolescent Health Division shall, to the
extent feasible, coordinate agency site visits and share performance
assessment data with the goal of improving efficiency, eliminating
duplication, and reducing administrative costs.

(9) DVSSPs receiving written reports of deficiencies or orders
for corrective action after a site visit shall be given no less than
six months’ time to take corrective action before the deficiencies
or failure to correct may be considered in the next RFA process.
However, the Office of Emergency Services shall have the
discretion to reduce the time to take corrective action in cases
where the deficiencies present a significant health or safety risk
or when other severe circumstances are found to exist. If corrective
action is deemed necessary, and a DVSSP fails to comply, or if
other deficiencies exist that, in the judgment of the Office of
Emergency Services, cannot be corrected, the Office of Emergency
Services shall determine, using its grading system, whether
continued funding for the DVSSP should be reduced or denied
altogether. If a DVSSP has been determined to be deficient, the
Office of Emergency Services may, at any point during the
DVSSP’s funding cycle following the expiration of the period for
corrective action, deny or reduce further funding.

(10) If a DVSSP applies or reapplies for funding pursuant to
this section and that funding is denied or reduced, the decision to
deny or reduce funding shall be provided in writing to the DVSSP,
along with a written explanation of the reasons for the reduction
or denial made in accordance with the grading system for the RFP
or RFA process. Except as otherwise provided, an appeal of the
decision to deny or reduce funding shall be made in accordance
with the appeal process established by the Office of Emergency
Services. The appeal process shall allow a DVSSP a minimum of
30 days to appeal after a decision to deny or reduce funding. All
pending appeals shall be resolved before final funding decisions
are reached.

(11) It is the intent of the Legislature that priority for additional
funds that become available shall be given to currently funded,
new, or previously unfunded DVSSPs for expansion of services.
However, the Office of Emergency Services may determine when
expansion is needed to accommodate underserved or unserved
areas. If supplemental funding is unavailable, the Office of
Emergency Services shall have the authority to lower the base
level of grants to all currently funded DVSSPs in order to provide
funding for currently funded, new, or previously unfunded DVSSPs
that will provide services in underserved or unserved areas.
However, to the extent reasonable, funding reductions shall be
reduced proportionately among all currently funded DVSSPs. After
the amount of funding reductions has been determined, DVSSPs
that are currently funded and those applying for funding shall be
notified of changes in the available level of funding prior to the
next application process. Funding reductions made under this
paragraph shall not be subject to appeal.

(12) Notwithstanding any other provision of this section, Office
of Emergency Services may reduce funding to a DVSSP funded
pursuant to this section if federal funding support is reduced.
Funding reductions as a result of a reduction in federal funding
shall not be subject to appeal.

(13) Nothing in this section shall be construed to supersede any
function or duty required by federal acts, rules, regulations, or
guidelines for the distribution of federal grants.

(14) As a condition of receiving funding pursuant to this section,
DVSSPs shall do all of the following:

(A) Provide matching funds or in-kind contributions equivalent
to not less than 10 percent of the grant they would receive. The
matching funds or in-kind contributions may come from other
governmental or private sources.

(B) Ensure that appropriate staff and volunteers having client
contact meet the definition of “domestic violence counselor” as
specified in subdivision (a) of Section 1037.1 of the Evidence
Code. The minimum training specified in paragraph (2) of
subdivision (a) of Section 1037.1 of the Evidence Code shall be
provided to those staff and volunteers who do not meet the
requirements of paragraph (1) of subdivision (a) of Section 1037.1
of the Evidence Code.

(15) The following definitions shall apply for purposes of this
subdivision:

(A) “Domestic violence” means the infliction or threat of
physical harm against past or present adult or adolescent intimate
partners, including physical, sexual, and psychological abuse
against the partner, and is a part of a pattern of assaultive, coercive,
and controlling behaviors directed at achieving compliance from
or control over that person.

(B) “Domestic violence shelter service provider” or “DVSSP”
means a victim services provider that operates an established
system of services providing safe and confidential emergency
housing on a 24-hour basis for victims of domestic violence and
their children, including, but not limited to, hotel or motel
arrangements, haven, and safe houses.

(C) “Emergency shelter” means a confidential or safe location
that provides emergency housing on a 24-hour basis for victims
of domestic violence and their children.

(g) The Office of Emergency Services may hire the support
staff and utilize all resources necessary to carry out the purposes
of this section. The Office of Emergency Services shall not utilize
more than 10 percent of funds appropriated for the purpose of the
program established by this section for the administration of that
program.

begin delete SEC. 489. end delete
begin insert SEC. 442. end insert   

Section 13823.16 of the Penal Code is amended to
read:

13823.16.  

(a) The Comprehensive Statewide Domestic
Violence Program established pursuant to Section 13823.15 shall
be collaboratively administered by the Office of Emergency
Services and an advisory council. The membership of the Office
of Emergency Services Domestic Violence Advisory Council shall
consist of experts in the provision of either direct or intervention
services to victims of domestic violence and their children, within
the scope and intention of the Comprehensive Statewide Domestic
Violence Assistance Program.

(b) The membership of the council shall consist of domestic
violence victims’ advocates, battered women service providers, at
least one representative of service providers serving the lesbian,
gay, bisexual, and transgender community in connection with
domestic violence, and representatives of women’s organizations,
law enforcement, and other groups involved with domestic
violence. At least one-half of the council membership shall consist
of domestic violence victims’ advocates or battered women service
providers. It is the intent of the Legislature that the council
membership reflect the ethnic, racial, cultural, and geographic
diversity of the state, including people with disabilities. The council
shall be composed of no more than 13 voting members and two
nonvoting ex officio members who shall be appointed, as follows:

(1) Seven voting members shall be appointed by the Governor,
including at least one person recommended by the federally
recognized state domestic violence coalition.

(2) Three voting members shall be appointed by the Speaker of
the Assembly.

(3) Three voting members shall be appointed by the Senate
Committee on Rules.

(4) Two nonvoting ex officio members shall be Members of the
Legislature, one appointed by the Speaker of the Assembly and
one appointed by the Senate Committee on Rules. Any Member
of the Legislature appointed to the council shall meet with the
council and participate in its activities to the extent that
participation is not incompatible with his or her position as a
Member of the Legislature.

(c) The Office of Emergency Services shall collaborate closely
with the council in developing funding priorities, framing the
request for proposals, and soliciting proposals.

(d) This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.

begin delete SEC. 490. end delete
begin insert SEC. 443. end insert   

Section 13823.17 of the Penal Code is amended to
read:

13823.17.  

(a) The Legislature finds the problem of domestic
violence in the gay, lesbian, bisexual, and transgender community
to be of serious and increasing magnitude. The Legislature also
finds that existing domestic violence services for this population
are underfunded and that members of this population are unserved
or underserved in the state. Therefore, it is the intent of the
Legislature that a goal of the Office of Emergency Services shall
be to increase access to domestic violence education, prevention,
and services specifically for the gay, lesbian, bisexual, and
transgender community.

(b) The goal of this section is to establish a targeted or directed
grant program for the development and support of domestic
violence programs and services for the gay, lesbian, bisexual, and
transgender community. The Office of Emergency Services shall
use funds from the Equality in Prevention and Services for
Domestic Abuse Fund to award grants annually to qualifying
organizations, with at least one in southern California and one in
northern California, to fund domestic violence programs and
services that are specific to the lesbian, gay, bisexual, and
transgender community, including, but not limited to, any of the
following:

(1) Counseling.

(2) Legal assistance with temporary restraining orders, devices,
and custody disputes.

(3) Court and social service advocacy.

(4) Batterers intervention.

(5) Educational workshops and publications.

(6) Community resource and referral.

(7) Emergency housing.

(8) Hotline or warmline.

(9) Household establishment assistance.

(c) Each grant shall be awarded for a three-year term, as funds
are available, for the purposes of this section.

(d) In order to be eligible to receive funds under this section,
qualified organizations shall provide matching funds of at least 10
percent of the funds to be received under the section unless this
requirement is waived by the Director of Emergency Services, at
his or her discretion.

(e) As a condition of receiving funding pursuant to this section,
grant recipients shall ensure that appropriate staff and volunteers
having client contact meet the definition of “domestic violence
counselor,” as specified in subdivision (a) of Section 1037.1 of
the Evidence Code. The minimum training specified in paragraph
(2) of subdivision (a) of Section 1037.1 of the Evidence Code shall
be provided to those staff and volunteers who do not meet the
requirements of paragraph (1) of subdivision (a) of Section 1037.1
of the Evidence Code.

(f) In order to qualify for a grant award under this section, the
recipient shall be a California nonprofit organization with a
demonstrated history of working in the area of domestic violence
intervention, education, and prevention and serving the lesbian,
gay, bisexual, and transgender community.

(g) The funding process for distributing grant awards to
qualifying organizations shall be administered by the Office of
Emergency Services as follows:

(1) Grant funds shall be awarded to qualifying organizations as
a result of a competitive request for proposal (RFP) process. The
RFP process shall comply with all applicable state and federal
statutes and to the extent possible, the response to the RFP shall
not exceed 15 narrative pages, excluding attachments.

(2) The following criteria shall be used to evaluate grant
proposals:

(A) Whether the proposed program or services would further
the purpose of promoting healthy, nonviolent relationships in the
lesbian, gay, bisexual, and transgender community.

(B) Whether the proposed program or services would reach a
significant number of people in, and have the support of, the
lesbian, gay, bisexual, and transgender community.

(C) Whether the proposed program or services are grounded in
a firm understanding of lesbian, gay, bisexual, and transgender
domestic violence and represent an innovative approach to
addressing the issue.

(D) Whether the proposed program or services would reach
unique and underserved sectors of the lesbian, gay, bisexual, and
transgender community, such as youth, people of color, immigrants,
and transgender persons.

(3) Grant funds shall not be used to support any of the following:

(A) Scholarships.

(B) Awards to individuals.

(C) Out-of-state travel.

(D) Projects that are substantially completed before the
anticipated date of the grant award.

(E) Fundraising activities.

(h) Grant recipients may seek, receive, and make use of any
funds that may be available from all public and private sources to
augment any funds received pursuant to this section.

(i) The Office of Emergency Services may adopt rules as
necessary to implement the grant program created under this
section.

(j) The Office of Emergency Services may hire the support staff
and utilize all resources necessary to carry out the purposes of this
section.

(k) The Office of Emergency Services shall consult with the
State Department of Public Health to consider the consolidation
of their respective domestic violence programs and report
conclusions to the Legislature no later than June 30, 2011.

(l) For purposes of this section, “domestic violence” means the
infliction or threat of physical harm against past or present adult
or adolescent intimate partners, including physical, sexual, and
psychological abuse against the person, and is a part of a pattern
of assaultive, coercive, and controlling behavior directed at
achieving compliance from or control over that person.

begin delete SEC. 491. end delete
begin insert SEC. 444. end insert   

Section 13825 of the Penal Code is amended to read:

13825.  

The State Graffiti Clearinghouse is hereby created in
the Office of Emergency Services. The State Graffiti Clearinghouse
shall do all of the following, subject to federal funding:

(a) Assess and estimate the present costs to state and local
agencies for graffiti abatement.

(b) Award grants to state and local agencies that have
demonstrated implementation of effective graffiti reduction and
abatement programs.

(c) Receive and disburse funds to effectuate the purposes of the
clearinghouse.

begin delete SEC. 492. end delete
begin insert SEC. 445. end insert   

Section 13826.62 of the Penal Code is amended to
read:

13826.62.  

(a) There is hereby established in the Office of
Emergency Services the Urban Corps Program. The Urban Corps
Program is established as an optional activity under Section
13826.6. Community-based organizations receiving grants to
participate in the Urban Corps Program may implement the
following activities:

(1) Identification of publicly and privately administered
programs in the county dealing with the suppression or prevention
of criminal gang activities, or both.

(2) Maintenance of a listing of programs within the county
identified as dealing with the suppression or prevention of criminal
gang activities, or both.

(3) Surveying gang suppression and prevention organizations
for the types of services and activities each is engaged in, and
identifying needs among these organizations for resources to
provide services and fulfill their activities.

(4) Recruitment of volunteers, identification of their skills,
abilities, and interests, and matching volunteers with the resource
needs of gang prevention and suppression organizations.

(5) Establishment of an urban respite program for the purpose
of preventing self-destructive activities and diverting (A) identified
youth gang members, and (B) youths who are at risk of becoming
gang members, for the purposes of reducing or eliminating
incentives for those youths to participate in gang-related crime
activities.

(b) The Urban Corps Program shall operate within the Office
of Emergency Services for two years following the establishment
of a contract with a community-based organization to administer
the program.

(c) This section shall be implemented to the extent that funds
are available to the Office of Emergency Services for this purpose.

begin delete SEC. 493. end delete
begin insert SEC. 446. end insert   

Section 13830 of the Penal Code is amended to read:

13830.  

There is hereby created in state government a Judicial
Criminal Justice Planning Committee of seven members. The
Judicial Council shall appoint the members of the committee who
shall hold office at its pleasure. In this respect the Legislature finds
as follows:

(a) The California court system has a constitutionally established
independence under the judicial and separation of power clauses
of the State Constitution.

(b) The California court system has a statewide structure created
under the Constitution, state statutes, and state court rules, and the
Judicial Council of California is the constitutionally established
state agency having responsibility for the operation of that
structure.

(c) The California court system will be directly affected by the
criminal justice planning that will be done under this title and by
the federal grants that will be made to implement that planning.

(d) For effective planning and implementation of court projects
it is essential that the Office of Emergency Services have the advice
and assistance of a state judicial system planning committee.

begin delete SEC. 494. end delete
begin insert SEC. 447. end insert   

Section 13833 of the Penal Code is amended to read:

13833.  

The expenses necessarily incurred by the members of
the Judicial Criminal Justice Planning Committee in the
performance of their duties under this title shall be paid by the
Judicial Council, but it shall be reimbursed by the Office of
Emergency Services to the extent that federal funds can be made
available for that purpose. Staff support for the committee’s
activities shall be provided by the Judicial Council, but the cost
of that staff support shall be reimbursed by the Office of
Emergency Services to the extent that federal funds can be made
available for that purpose.

begin delete SEC. 495. end delete
begin insert SEC. 448. end insert   

Section 13835.2 of the Penal Code is amended to
read:

13835.2.  

(a) Funds appropriated from the Victim-Witness
Assistance Fund shall be made available through the Office of
Emergency Services to any public or private nonprofit agency for
the assistance of victims and witnesses that meets all of the
following requirements:

(1) It provides comprehensive services to victims and witnesses
of all types of crime. It is the intent of the Legislature to make
funds available only to programs that do not restrict services to
victims and witnesses of a particular type of crime, and do not
restrict services to victims of crime in which there is a suspect in
the case.

(2) It is recognized by the board of supervisors as the major
provider of comprehensive services to victims and witnesses in
the county.

(3) It is selected by the board of supervisors as the agency to
receive funds pursuant to this article.

(4) It assists victims of crime in the preparation, verification,
and presentation of their claims to the California Victim
Compensation and Government Claims Board for indemnification
pursuant to Article 1 (commencing with Section 13959) of Part 4
of Division 3 of Title 2 of the Government Code.

(5) It cooperates with the California Victim Compensation and
Government Claims Board in verifying the data required by Article
1 (commencing with Section 13959) of Part 4 of Division 3 of
Title 2 of the Government Code.

(b) The Office of Emergency Services shall consider the
following factors, together with any other circumstances it deems
appropriate, in awarding funds to public or private nonprofit
agencies designated as victim and witness assistance centers:

(1) The capability of the agency to provide comprehensive
services as defined in this article.

(2) The stated goals and objectives of the center.

(3) The number of people to be served and the needs of the
community.

(4) Evidence of community support.

(5) The organizational structure of the agency that will operate
the center.

(6) The capability of the agency to provide confidentiality of
records.

begin delete SEC. 496. end delete
begin insert SEC. 449. end insert   

Section 13835.6 of the Penal Code is amended to
read:

13835.6.  

(a) The Office of Emergency Services, in cooperation
with representatives from local victim and witness assistance
centers, shall develop standards defining the activities and services
enumerated in this article.

(b) The Office of Emergency Services, in cooperation with
representatives from local victim and witness assistance centers,
shall develop a method of evaluating the activities and performance
of centers established pursuant to this article.

begin delete SEC. 497. end delete
begin insert SEC. 450. end insert   

Section 13835.7 of the Penal Code is amended to
read:

13835.7.  

There is in the State Treasury the Victim-Witness
Assistance Fund. Funds appropriated thereto shall be dispensed
to the Office of Emergency Services exclusively for the purposes
specified in this article and for the support of the centers specified
in Section 13837.

begin delete SEC. 498. end delete
begin insert SEC. 451. end insert   

Section 13835.10 of the Penal Code is amended to
read:

13835.10.  

(a) The Legislature finds and declares all of the
following:

(1) That the provision of quality services for victims of crime
is of high priority.

(2) That existing victim service programs do not have sufficient
financial resources to consistently recruit and employ fully trained
personnel.

(3) That there is no consistency in the training provided to the
various agencies serving victims.

(4) That comprehensive training for victim service agencies is
geographically limited or unavailable.

(5) That there is currently no statewide comprehensive training
system in place for the state to ensure that all service providers
receive adequate training to provide quality services to victims of
crime.

(6) It is the intention of the Legislature to establish a statewide
training program within the Office of Emergency Services to
provide comprehensive standardized training to victim service
providers.

(b) The Office of Emergency Services shall establish a statewide
victim-assistance training program, the purpose of which is to
develop minimum training and selection standards, certify training
courses, and provide funding to enable local victim service
providers to acquire the required training.

(c) (1) For the purpose of raising the level of competence of
local victim service providers, the Office of Emergency Services
shall adopt guidelines establishing minimum standards of training
for employees of victim-witness and sexual assault programs
funded by the office to provide services to victims of crime. The
Office of Emergency Services shall establish an advisory
committee composed of recognized statewide victim service
organizations, representatives of local victim service programs,
and others selected at the discretion of the executive director to
consult on the research and development of the training, selection,
and equivalency standards.

(2) Any local unit of government, community-based
organization, or any other public or private nonprofit entity funded
by the Office of Emergency Services as a victim-witness or sexual
assault program to provide services to victims of crime shall adhere
to the training and selection standards established by the Office
of Emergency Services. The standards for sexual assault victim
service programs developed by the advisory committee established
pursuant to Section 13836 shall be the standards for purposes of
this section. With the exception of the sexual assault standards,
the Office of Emergency Services shall conduct or contract with
an appropriate firm or entity for research on validated standards
pursuant to this section in consultation with the advisory committee
established pursuant to paragraph (1). The Office of Emergency
Services may defer the adoption of the selection standards until
the necessary research is completed. Until the standards are
adopted, affected victim service programs may receive state
funding from the Office of Emergency Services upon certification
of their willingness to adhere to the training standards adopted by
the Office of Emergency Services.

(3) Minimum training and selection standards may include, but
shall not be limited to, basic entry, continuation, supervisory,
management, specialized curricula, and confidentiality.

(4) Training and selection standards shall apply to all victim
service and management personnel of the victim-witness and sexual
assault agencies funded by the Office of Emergency Services to
provide services to victims of crime. Exemptions from this
requirement may be made by the Office of Emergency Services.
A victim service agency which, despite good faith efforts, is unable
to meet the standards established pursuant to this section, may
apply to the Office of Emergency Services for an exemption. For
the purpose of exemptions, the Office of Emergency Services may
establish procedures that allow for partial adherence. The Office
of Emergency Services may develop equivalency standards which
recognize professional experience, education, training, or a
combination of the above, for personnel hired before July 1, 1987.

(5) Nothing in this section shall prohibit a victim service agency,
funded by the Office of Emergency Services to provide services
to victims of crime, from establishing training and selection
standards which exceed the minimum standards established by the
Office of Emergency Services pursuant to this section.

(d) For purposes of implementing this section, the Office of
Emergency Services has all of the following powers:

(1) To approve or certify, or both, training courses selected by
the agency.

(2) To make those inquiries which may be necessary to
determine whether every local unit of government,
community-based organization, or any other public or private entity
receiving state aid from the Office of Emergency Services as a
victim-witness or sexual assault program for the provision of
services to victims of crime, is adhering to the standards for training
and selection established pursuant to this section.

(3) To adopt those guidelines which are necessary to carry out
the purposes of this section.

(4) To develop or present, or both, training courses for victim
service providers, or to contract with coalitions, councils, or other
designated entities, to develop or present, or both, those training
courses.

(5) To perform other activities and studies necessary to carry
out the intent of this section.

(e) (1) The Office of Emergency Services may utilize any funds
that may become available from the Victim-Witness Assistance
Fund to fund the cost of training staff of victim service agencies
which are funded by the Office of Emergency Services from the
fund. The Office of Emergency Services may utilize federal or
other state funds that may become available to fund the cost of
training staff of victim service agencies which are not eligible for
funding from the Victim-Witness Assistance Fund.

(2) Peace officer personnel whose jurisdictions are eligible for
training subvention pursuant to Chapter 1 (commencing with
Section 13500) of Title 4 of this part and correctional or probation
personnel whose jurisdictions are eligible for state aid pursuant to
Article 2 (commencing with Section 6035) of Chapter 5 of Title
7 of Part 3 are not eligible to receive training reimbursements under
this section unless the person receiving the training is assigned to
provide victim services in accordance with a grant award agreement
with the Office of Emergency Services and is attending training
to meet the established standards.

begin delete SEC. 499. end delete
begin insert SEC. 452. end insert   

Section 13836 of the Penal Code is amended to read:

13836.  

The Office of Emergency Services shall establish an
advisory committee which shall develop a course of training for
district attorneys in the investigation and prosecution of sexual
assault cases, child sexual exploitation cases, and child sexual
abuse cases and shall approve grants awarded pursuant to Section
13837. The courses shall include training in the unique emotional
trauma experienced by victims of these crimes.

It is the intent of the Legislature in the enactment of this chapter
to encourage the establishment of sex crime prosecution units,
which shall include, but not be limited to, child sexual exploitation
and child sexual abuse cases, in district attorneys’ offices
throughout the state.

begin delete SEC. 500. end delete
begin insert SEC. 453. end insert   

Section 13836.1 of the Penal Code is amended to
read:

13836.1.  

The committee shall consist of 11 members. Five
shall be appointed by the Director of Emergency Services, and
shall include three district attorneys or assistant or deputy district
attorneys, one representative of a city police department or a sheriff
or a representative of a sheriff’s department, and one public
defender or assistant or deputy public defender of a county. Six
shall be public members appointed by the Commission on the
Status of Women and Girls, and shall include one representative
of a rape crisis center, and one medical professional experienced
in dealing with sexual assault trauma victims. The committee
members shall represent the points of view of diverse ethnic and
language groups.

Members of the committee shall receive no compensation for
their services but shall be reimbursed for their expenses actually
and necessarily incurred by them in the performance of their duties.
Staff support for the committee shall be provided by the Office of
Emergency Services.

begin delete SEC. 501. end delete
begin insert SEC. 454. end insert   

Section 13843 of the Penal Code is amended to read:

13843.  

(a) Allocation and award of funds made available under
this chapter shall be made upon application to the Office of
Emergency Services. All applications shall be reviewed and
evaluated by the Office of Emergency Services.

(b) The Director of Emergency Services may allocate and award
funds to communities developing and providing ongoing citizen
involvement and crime resistance programs in compliance with
the established policies and criteria of the agency. Applications
receiving funding under this section shall be selected from among
those deemed appropriate for funding according to the criteria,
policy, and procedures established by the Office of Emergency
Services.

(c) With the exception of funds awarded for programs authorized
under paragraph (2) of subdivision (b) of Section 13844, no single
award of funds under this chapter shall exceed a maximum of two
hundred fifty thousand dollars ($250,000) for a 12-month grant
period.

(d) Funds disbursed under this chapter shall not supplant local
funds that would, in the absence of the California Community
Crime Resistance Program, be made available to support crime
resistance programs.

(e) Funds disbursed under this chapter shall be supplemented
with local funds constituting, at a minimum, 10 percent of the total
crime resistance program budget during the initial year and 20
percent in subsequent periods of funding.

(f) Annually, up to a maximum of 10 percent of the total funds
appropriated to the Community Crime Resistance Program may
be used by the Office of Emergency Services to support statewide
technical assistance, training, and public awareness activities
relating to crime prevention.

(g) Funds awarded under this program as local assistance grants
shall not be subject to review as specified in Section 14780 of the
Government Code.

(h) Guidelines shall set forth the terms and conditions upon
which the Office of Emergency Services is prepared to offer grants
of funds pursuant to statutory authority. The guidelines do not
constitute rules, regulations, orders, or standards of general
application.

begin delete SEC. 502. end delete
begin insert SEC. 455. end insert   

Section 13844 of the Penal Code is amended to read:

13844.  

(a) Use of funds granted under the California
Community Crime Resistance Program are restricted to the
following activities:

(1) Further the goal of a statewide crime prevention network
by supporting the initiation or expansion of local crime prevention
efforts.

(2) Provide information and encourage the use of new and
innovative refinements to the traditional crime prevention model
in localities that currently maintain a well-established crime
prevention program.

(3) Support the development of a coordinated service network,
including information exchange and case referral between such
programs as local victim-witness assistance programs, sexual
assault programs, gang violence reduction programs, drug
suppression programs, elderly care custodians, state and local
elderly service programs, or any other established and recognizable
local programs devoted to the lessening of crime and the promotion
of the community’s well-being.

(b) With respect to the initiation or expansion of local crime
prevention efforts, projects supported under the California
Community Crime Resistance Program shall do either of the
following:

(1) Carry out as many of the following activities as deemed, in
the judgment of the Office of Emergency Services, to be consistent
with available resources:

(A) Crime prevention programs using tailored outreach
techniques in order to provide effective and consistent services for
the elderly in the following areas:

(i) Crime prevention information to elderly citizens regarding
personal safety, fraud, theft, grand theft, burglary, and elderly
abuse.

(ii) Services designed to respond to the specific and diverse
crime prevention needs of elderly residential communities.

(iii) Specific services coordinated to assist in the installation of
security devices or provision of escort services and victim
assistance.

(B) Programs to provide training, information, and prevention
literature to peace officers, elderly care custodians, health
practitioners, and social service providers regarding physical abuse
and neglect within residential health care facilities for the elderly.

(C) Programs to promote neighborhood involvement such as,
but not limited to, block clubs and other community or
resident-sponsored anticrime programs.

(D) Personal safety programs.

(E) Domestic violence prevention programs.

(F) Crime prevention programs specifically geared to youth in
schools and school district personnel.

(G) Programs which make available to residents and businesses
information on locking devices, building security, and related
crime resistance approaches.

(H) In cooperation with the Commission on Peace Officer
Standards and Training, support for the training of peace officers
in crime prevention and its effects on the relationship between
citizens and law enforcement.

(I) Efforts to address the crime prevention needs of communities
with high proportions of teenagers and young adults, low-income
families, and non-English-speaking residents, including juvenile
delinquency diversion, social service referrals, and making
available crime resistance literature in appropriate languages other
than English.

(2) Implement a community policing program in targeted
neighborhoods that are drug infested. The goal of this program
shall be to empower the people against illegal drug activity. A
program funded pursuant to this chapter shall be able to target one
or more neighborhoods within the grant period. In order to be
eligible for funding, the program shall have the commitment of
the community, local law enforcement, school districts, and
community service groups; and shall be supported by either the
city council or the board of supervisors, whichever is applicable.

(c) With respect to the support of new and innovative techniques,
communities taking part in the California Crime Resistance
Program shall carry out those activities, as determined by the Office
of Emergency Services, that conform to local needs and are
consistent with available expertise and resources. These techniques
may include, but are not limited to, community policing programs
or activities involving the following:

(1) Programs to reinforce the security of “latchkey” children,
including neighborhood monitoring, special contact telephone
numbers, emergency procedure training for the children, daily
telephone checks for the children’s well-being, and assistance in
developing safe alternatives to unsupervised conditions for
children.

(2) Programs dedicated to educating parents in procedures
designed to do all of the following:

(A) Minimize or prevent the abduction of children.

(B) Assist children in understanding the risk of child abduction.

(C) Maximize the recovery of abducted children.

(3) Programs devoted to developing automated systems for
monitoring and tracking crimes within organized neighborhoods.

(4) Programs devoted to developing timely “feedback
mechanisms” whose goals would be to alert residents to new crime
problems and to reinforce household participation in neighborhood
security organizations.

(5) Programs devoted to creating and packaging special crime
prevention approaches tailored to the special needs and
characteristics of California’s cultural and ethnic minorities.

(6) Research into the effectiveness of local crime prevention
efforts including the relationships between crime prevention
activities, participants’ economic and demographic characteristics,
project costs, local or regional crime rate, and law enforcement
planning and staff deployment.

(7) Programs devoted to crime and delinquency prevention
through the establishment of partnership initiatives utilizing elderly
and juvenile volunteers.

(d) All approved programs shall utilize volunteers to assist in
implementing and conducting community crime resistance
programs. Programs providing elderly crime prevention programs
shall recruit senior citizens to assist in providing services.

(e) Programs funded pursuant to this chapter shall demonstrate
a commitment to support citizen involvement with local funds
after the program has been developed and implemented with state
moneys.

begin delete SEC. 503. end delete
begin insert SEC. 456. end insert   

Section 13846 of the Penal Code is amended to read:

13846.  

(a) Evaluation and monitoring of all grants made under
this section shall be the responsibility of the office. The office shall
issue standard reporting forms for reporting the level of activities
and number of crimes reported in participating communities.

(b) Information on successful programs shall be made available
and relayed to other California communities through the technical
assistance procedures of the office.

begin delete SEC. 504. end delete
begin insert SEC. 457. end insert   

Section 13847 of the Penal Code is amended to read:

13847.  

(a) There is hereby established in the Office of
Emergency Services 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 Director of Emergency Services 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 Director of Emergency Services 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 Office of Emergency Services is prepared to offer grants
of funds pursuant to statutory authority. The guidelines do not
constitute rules, regulations, orders, or standards of general
application.

begin delete SEC. 505. end delete
begin insert SEC. 458. end insert   

Section 13847.2 of the Penal Code is amended to
read:

13847.2.  

(a) The Rural Indian and Law Enforcement Local
Advisory Committee shall be composed of a chief executive of a
law enforcement agency, two tribal council members, two tribal
elders, one Indian law enforcement officer, one Indian community
officer, one representative of the Bureau of Indian Affairs, and
any additional members that may prove to be crucial to the
committee. All members of the advisory committee shall be
designated by the Director of Emergency Services, who shall
provide staff services to the advisory committee.

(b) The Director of Emergency Services, in consultation with
the advisory committee, shall develop specific guidelines, and
administrative procedures, for the selection of projects to be funded
by the Rural Indian Crime Prevention Program which guidelines
shall include the selection criteria described in this chapter.

(c) Administration of the overall program and the evaluation
and monitoring of all grants made under this chapter shall be
performed by the Office of Emergency Services, provided that
funds expended for these functions shall not exceed 5 percent of
the total annual amount made available for the purpose of this
chapter.

begin delete SEC. 506. end delete
begin insert SEC. 459. end insert   

Section 13851 of the Penal Code is amended to read:

13851.  

(a) There is hereby established in the Office of
Emergency Services a program of financial, training, and technical
assistance for local law enforcement, called the California Career
Criminal Apprehension Program. All funds made available to the
Office of Emergency Services for the purposes of this chapter shall
be administered and disbursed by the Director of Emergency
Services.

(b) The Director of Emergency Services is authorized to 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
13852 and 13853.

(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 California Career Criminal
Apprehension Program, be made available to support the
apprehension of multiple or repeat felony criminal offenders.

(d) The Director of Emergency Services shall prepare and issue
administrative guidelines and procedures for the California Career
Criminal Apprehension Program consistent with this chapter.

(e) These guidelines shall set forth the terms and conditions
upon which the Office of Emergency Services is prepared to offer
grants of funds pursuant to statutory authority. The guidelines do
not constitute rules, regulations, orders, or standards of general
application.

begin delete SEC. 507. end delete
begin insert SEC. 460. end insert   

Section 13854 of the Penal Code is amended to read:

13854.  

(a) The Director of Emergency Services shall develop
specific guidelines, and administrative procedures, for the selection
of the California Career Criminal Apprehension Program.

(b) Administration of the overall program and the evaluation
and monitoring of all grants made under this chapter shall be
performed by the Office of Emergency Services, provided that
funds expended for those functions shall not exceed 7.5 percent
of the total annual amount made available for the purpose of this
chapter.

(c) Local assistance grants made pursuant to this chapter shall
not be subject to review pursuant to Section 10290 of the Public
Contract Code.

begin delete SEC. 508. end delete
begin insert SEC. 461. end insert   

Section 13861 of the Penal Code is amended to read:

13861.  

There is hereby created in the Office of Emergency
Services the Suppression of Drug Abuse in Schools Program. All
funds made available to the Office of Emergency Services for the
purposes of this chapter shall be administered and disbursed by
the Director of Emergency Services in consultation with the State
Suppression of Drug Abuse in Schools Advisory Committee
established pursuant to Section 13863.

(a) The Director of Emergency Services, in consultation with
the State Suppression of Drug Abuse in Schools Advisory
Committee, is authorized to allocate and award funds to local law
enforcement agencies and public schools jointly working to develop
drug abuse prevention and drug trafficking suppression programs
in substantial compliance with the policies and criteria set forth in
Sections 13862 and 13863.

(b) The allocation and award of funds shall be made upon the
joint application by the chief law enforcement officer of the
coapplicant law enforcement agency and approved by the law
enforcement agency’s legislative body and the superintendent and
board of the school district coapplicant. The joint application of
the law enforcement agency and the school district shall be
submitted for review to the Local Suppression of Drug Abuse in
Schools Advisory Committee established pursuant to paragraph
(4) of subdivision (a) of Section 13862. After review, the
application shall be submitted to the Office of Emergency Services.
Funds disbursed under this chapter may enhance but shall not
supplant local funds that would, in the absence of the Suppression
of Drug Abuse in Schools Program, be made available to suppress
and prevent drug abuse among schoolage children and to curtail
drug trafficking in and around school areas.

(c) The coapplicant local law enforcement agency and the
coapplicant school district may enter into interagency agreements
between themselves which will allow the management and fiscal
tasks created pursuant to this chapter and assigned to both the law
enforcement agency and the school district to be performed by
only one of them.

(d) Within 90 days of the effective date of this chapter, the
Director of Emergency Services, in consultation with the State
Suppression of Drug Abuse in Schools Advisory Committee
established pursuant to Section 13863, shall prepare and issue
administrative guidelines and procedures for the Suppression of
Drug Abuse in Schools Program consistent with this chapter. In
addition to all other formal requirements that may apply to the
enactment of these guidelines and procedures, a complete and final
draft shall be submitted within 60 days of the effective date of this
chapter to the Chairpersons of the Committee on Criminal Law
and Public Safety of the Assembly and the Judiciary Committee
of the Senate of the California Legislature.

begin delete

SEC. 509.  

Section 13864 of the Penal Code is amended to read:

13864.  

There is hereby created in the Office of Emergency
Services the Comprehensive Alcohol and Drug Prevention
Education component of the Suppression of Drug Abuse in Schools
Program in public elementary schools in grades 4 to 6, inclusive.
Notwithstanding Section 13861 or any other provision in this code,
all Comprehensive Alcohol and Drug Prevention Education
component funds made available to the Office of Emergency
Services in accordance with the Classroom Instructional
Improvement and Accountability Act shall be administered by and
disbursed to county superintendents of schools in this state by the
Director of Emergency Services. All applications for that funding
shall be reviewed and evaluated by the Office of Emergency
Services, in consultation with the State Department of Alcohol
and Drug Programs and the State Department of Education.

(a) The Director of Emergency Services is authorized to allocate
and award funds to county department superintendents of schools
for allocation to individual school districts or to a consortium of
two or more school districts. Applications funded under this section
shall comply with the criteria, policies, and procedures established
under subdivision (b) of this section.

(b) As a condition of eligibility for the funding described in this
section, the school district or consortium of school districts shall
have entered into an agreement with a local law enforcement
agency to jointly implement a comprehensive alcohol and drug
abuse prevention, intervention, and suppression program developed
by the Office of Emergency Services, in consultation with the State
Department of Alcohol and Drug Programs and the State
Department of Education, containing all of the following
components:

(1) A standardized age-appropriate curriculum designed for
pupils in grades 4 to 6, inclusive, specifically tailored and sensitive
to the socioeconomic and ethnic characteristics of the target pupil
population. Although new curricula shall not be required to be
developed, existing curricula may be modified and adapted to meet
local needs. The elements of the standardized comprehensive
alcohol and drug prevention education program curriculum shall
be defined and approved by the Governor’s Policy Council on
Drug and Alcohol Abuse, as established by Executive Order No.
D-70-80.

(2) A planning process that includes assessment of the school
district’s characteristics, resources, and the extent of problems
related to juvenile drug abuse, and input from local law
enforcement agencies.

(3) A school district governing board policy that provides for
a coordinated intervention system that, at a minimum, includes
procedures for identification, intervention, and referral of at-risk
alcohol- and drug-involved youth, and identifies the roles and
responsibilities of law enforcement, school personnel, parents, and
pupils.

(4) Early intervention activities that include, but are not limited
to, the identification of pupils who are high risk or have chronic
drug abuse problems, assessment, and referral for appropriate
services, including ongoing support services.

(5) Parent education programs to initiate and maintain parental
involvement, with an emphasis for parents of at-risk pupils.

(6) Staff and in-service training programs, including both
indepth training for the core team involved in providing program
services and general awareness training for all school faculty and
administrative, credentialed, and noncredentialed school personnel.

(7) In-service training programs for local law enforcement
officers.

(8) School, law enforcement, and community involvement to
ensure coordination of program services. Pursuant to that
coordination, the school district or districts and other local agencies
are encouraged to use a single community advisory committee or
task force for drug, alcohol, and tobacco abuse prevention
programs, as an alternative to the creation of a separate group for
that purpose under each state or federally funded program.

(c) The application of the county superintendent of schools shall
be submitted to the Office of Emergency Services. Funds made
available to the Office of Emergency Services for allocation under
this section are intended to enhance, but shall not supplant, local
funds that would, in the absence of the Comprehensive Alcohol
and Drug Prevention Education component, be made available to
prevent, intervene in, or suppress drug abuse among schoolage
children. For districts that are already implementing a
comprehensive drug abuse prevention program for pupils in grades
4 to 6, inclusive, the county superintendent shall propose the use
of the funds for drug prevention activities in school grades other
than 4 to 6, inclusive, compatible with the program components
of this section. The expenditure of funds for that alternative purpose
shall be approved by the Director of Emergency Services.

(1) Unless otherwise authorized by the Office of Emergency
Services, each county superintendent of schools shall be the fiscal
agent for any Comprehensive Alcohol and Drug Prevention
Education component award, and shall be responsible for ensuring
that each school district within that county receives the allocation
prescribed by the Office of Emergency Services. Each county
superintendent shall develop a countywide plan that complies with
program guidelines and procedures established by the Office of
Emergency Services pursuant to subdivision (d). A maximum of
5 percent of the county’s allocation may be used for administrative
costs associated with the project.

(2) Each county superintendent of schools shall establish and
chair a local coordinating committee to assist the superintendent
in developing and implementing a countywide implementation
plan. This committee shall include the county drug administrator,
law enforcement executives, school district governing board
members and administrators, school faculty, parents, and drug
prevention and intervention program executives selected by the
superintendent and approved by the county board of supervisors.

(d) The Director of Emergency Services, in consultation with
the State Department of Alcohol and Drug Programs and the State
Department of Education, shall prepare and issue guidelines and
procedures for the Comprehensive Alcohol and Drug Prevention
Education component consistent with this section.

(e) The Comprehensive Alcohol and Drug Prevention Education
component guidelines shall set forth the terms and conditions upon
which the Office of Emergency Services is prepared to award
grants of funds pursuant to this section. The guidelines shall not
constitute rules, regulations, orders, or standards of general
application.

(f) Funds awarded under the Comprehensive Alcohol and Drug
Prevention Education Program shall not be subject to Section
10318 of the Public Contract Code.

(g) Funds available pursuant to Item 8100-111-001 and
Provision 1 of Item 8100-001-001 of the Budget Act of 1989, or
the successor provision of the appropriate Budget Act, shall be
allocated to implement this section.

(h) The Director of Emergency Services shall collaborate, to
the extent possible, with other state agencies that administer drug,
alcohol, and tobacco abuse prevention education programs to
streamline and simplify the process whereby local educational
agencies apply for drug, alcohol, and tobacco education funding
under this section and under other state and federal programs. The
Office of Emergency Services, the State Department of Alcohol
and Drug Programs, the State Department of Education, and other
state agencies, to the extent possible, shall develop joint policies
and collaborate planning in the administration of drug, alcohol,
and tobacco abuse prevention education programs.

end delete

begin insert

begin insert SEC. 462. end insert   

end insert

begin insert Section 13864 of the end insert begin insert Penal Code end insert begin insert , as amended by
Assembly Bill 75 of the 2013- end insert begin insert 14 Regular Session, is amended to
read: end insert

13864.  

There is hereby created in the begin delete agency end delete begin insert Office of
Emergency Services end insert the Comprehensive Alcohol and Drug
Prevention Education component of the Suppression of Drug Abuse
in Schools Program in public elementary schools in grades 4 to 6,
inclusive. Notwithstanding Section 13861 or any other provision
in this code, all Comprehensive Alcohol and Drug Prevention
Education component funds made available to the begin delete agency end delete begin insert Office
of Emergency Services end insert in accordance with the Classroom
Instructional Improvement and Accountability Act shall be
administered by and disbursed to county superintendents of schools
in this state by the begin delete secretary. end delete begin insert Director of Emergency Services. end insert All
applications for that funding shall be reviewed and evaluated by
the begin delete agency, end delete begin insert Office of Emergency Services, end insert in consultation with the
State Department of Health Care Services and the State Department
of Education.

(a) The begin delete secretary end delete begin insert Director of Emergency Services end insert is authorized
to allocate and award funds to county department superintendents
of schools for allocation to individual school districts or to a
consortium of two or more school districts. Applications funded
under this section shall comply with the criteria, policies, and
procedures established under subdivision (b) of this section.

(b) As a condition of eligibility for the funding described in this
section, the school district or consortium of school districts shall
have entered into an agreement with a local law enforcement
agency to jointly implement a comprehensive alcohol and drug
abuse prevention, intervention, and suppression program developed
by the begin delete agency, end delete begin insert Office of Emergency Services, end insert in consultation with
the State Department of Health Care Services and the State
Department of Education, containing all of the following
components:

(1) A standardized age-appropriate curriculum designed for
pupils in grades 4 to 6, inclusive, specifically tailored and sensitive
to the socioeconomic and ethnic characteristics of the target pupil
population. Although new curricula shall not be required to be
developed, existing curricula may be modified and adapted to meet
local needs. The elements of the standardized comprehensive
alcohol and drug prevention education program curriculum shall
be defined and approved by the Governor’s Policy Council on
Drug and Alcohol Abuse, as established by Executive Order No.
D-70-80.

(2) A planning process that includes assessment of the school
district’s characteristics, resources, and the extent of problems
related to juvenile drug abuse, and input from local law
enforcement agencies.

(3) A school district governing board policy that provides for
a coordinated intervention system that, at a minimum, includes
procedures for identification, intervention, and referral of at-risk
alcohol- and drug-involved youth, and identifies the roles and
responsibilities of law enforcement, school personnel, parents, and
pupils.

(4) Early intervention activities that include, but are not limited
to, the identification of pupils who are high risk or have chronic
drug abuse problems, assessment, and referral for appropriate
services, including ongoing support services.

(5) Parent education programs to initiate and maintain parental
involvement, with an emphasis for parents of at-risk pupils.

(6) Staff and in-service training programs, including both
indepth training for the core team involved in providing program
services and general awareness training for all school faculty and
administrative, credentialed, and noncredentialed school personnel.

(7) In-service training programs for local law enforcement
officers.

(8) School, law enforcement, and community involvement to
ensure coordination of program services. Pursuant to that
coordination, the school district or districts and other local agencies
are encouraged to use a single community advisory committee or
task force for drug, alcohol, and tobacco abuse prevention
programs, as an alternative to the creation of a separate group for
that purpose under each state or federally funded program.

(c) The application of the county superintendent of schools shall
be submitted to the begin delete agency. end delete begin insert Office of Emergency Services. end insert Funds
made available to the begin delete agency end delete begin insert Office of Emergency Services end insert for
allocation under this section are intended to enhance, but shall not
supplant, local funds that would, in the absence of the
Comprehensive Alcohol and Drug Prevention Education
component, be made available to prevent, intervene in, or suppress
drug abuse among schoolage children. For districts that are already
implementing a comprehensive drug abuse prevention program
for pupils in grades 4 to 6, inclusive, the county superintendent
shall propose the use of the funds for drug prevention activities in
school grades other than 4 to 6, inclusive, compatible with the
program components of this section. The expenditure of funds for
that alternative purpose shall be approved by the begin delete secretary. end delete begin insert Director
of Emergency Services. end insert

(1) Unless otherwise authorized by the begin delete agency, end delete begin insert Office of
Emergency Services, end insert each county superintendent of schools shall
be the fiscal agent for any Comprehensive Alcohol and Drug
Prevention Education component award, and shall be responsible
for ensuring that each school district within that county receives
the allocation prescribed by the begin delete agency. end delete begin insert Office of Emergency
Services. end insert Each county superintendent shall develop a countywide
plan that complies with program guidelines and procedures
established by the begin delete agency end delete begin insert Office of Emergency Services end insert pursuant
to subdivision (d). A maximum of 5 percent of the county’s
allocation may be used for administrative costs associated with
the project.

(2) Each county superintendent of schools shall establish and
chair a local coordinating committee to assist the superintendent
in developing and implementing a countywide implementation
plan. This committee shall include the county drug administrator,
law enforcement executives, school district governing board
members and administrators, school faculty, parents, and drug
prevention and intervention program executives selected by the
superintendent and approved by the county board of supervisors.

(d) The begin delete secretary, end delete begin insert Director of Emergency Services, end insert in
consultation with the State Department of Health Care Services
and the State Department of Education, shall prepare and issue
guidelines and procedures for the Comprehensive Alcohol and
Drug Prevention Education component consistent with this section.

(e) The Comprehensive Alcohol and Drug Prevention Education
component guidelines shall set forth the terms and conditions upon
which the begin delete agency end delete begin insert Office of Emergency Services end insert is prepared to
award grants of funds pursuant to this section. The guidelines shall
not constitute rules, regulations, orders, or standards of general
application.

(f) Funds awarded under the Comprehensive Alcohol and Drug
Prevention Education Program shall not be subject to Section
10318 of the Public Contract Code.

(g) Funds available pursuant to Item 8100-111-001 and
Provision 1 of Item 8100-001-001 of the Budget Act of 1989, or
the successor provision of the appropriate Budget Act, shall be
allocated to implement this section.

(h) The begin delete secretary end delete begin insert Director of Emergency Services end insert shall
collaborate, to the extent possible, with other state agencies that
administer drug, alcohol, and tobacco abuse prevention education
programs to streamline and simplify the process whereby local
educational agencies apply for drug, alcohol, and tobacco education
funding under this section and under other state and federal
programs. The begin delete agency, end delete begin insert Office of Emergency Services, end insert the State
Department of Health Care Services, the State Department of
Education, and other state agencies, to the extent possible, shall
develop joint policies and collaborate planning in the administration
of drug, alcohol, and tobacco abuse prevention education programs.

begin delete SEC. 510. end delete
begin insert SEC. 463. end insert   

Section 13881 of the Penal Code is amended to read:

13881.  

(a) There is hereby established in the office a program
of financial and technical assistance for district attorneys’ offices,
designated the California Major Narcotic Vendors Prosecution
Law. All funds appropriated to the office for the purposes of this
chapter shall be administered and disbursed by the director in
consultation with the California Council on Criminal Justice, and
shall to the greatest extent feasible be coordinated or consolidated
with federal funds that may be made available for these purposes.

(b) The director is authorized to allocate and award funds to
counties in which the California Major Narcotic Vendors
Prosecution Law is implemented in substantial compliance with
the policies and criteria set forth in this chapter.

(c) The allocation and award of funds shall be made upon
application executed by the county’s district attorney and approved
by its board of supervisors. Funds disbursed under this chapter
shall not supplant local funds that would, in the absence of the
California Major Narcotic Vendors Prosecution Law, be made
available to support the prosecution of felony drug cases. Funds
available under this program shall not be subject to review, as
specified in Section 14780 of the Government Code.

(d) The director shall prepare and issue written program and
administrative guidelines and procedures for the California Major
Narcotic Vendors Prosecution Program consistent with this chapter,
which shall be submitted to the Chairpersons of the Assembly
Committee on Public Safety and the Senate Committee on Criminal
Procedure. These guidelines shall permit the selection of a county
for the allocation and award of funds only on a finding by the
office that the county is experiencing a proportionately significant
increase in major narcotic cases. Further, the guidelines shall
provide for the allocation and award of funds to small county
applicants, as designated by the director. The guidelines shall also
provide that any funds received by a county under this chapter
shall be used only for the prosecution of cases involving major
narcotic dealers. For purposes of this subdivision, “small county”
means a county having a population of 200,000 or less.

begin delete SEC. 511. end delete
begin insert SEC. 464. end insert   

Section 13897.2 of the Penal Code is amended to
read:

13897.2.  

(a) The Office of Emergency Services shall grant an
award to an appropriate private, nonprofit organization, to provide
a statewide resource center, as described in Section 13897.1.

(b) The center shall:

(1) Provide callers with information about victims’ legal rights
to compensation pursuant to Chapter 5 (commencing with Section
13959) of Part 4 of Division 3 of Title 2 of the Government Code
and, where appropriate, provide victims with guidance in exercising
these rights.

(2) Provide callers who provide services to victims of crime
with legal information regarding the legal rights of victims of
crime.

(3) Advise callers about any potential civil causes of action and,
where appropriate, provide callers with references to local legal
aid and lawyer referral services.

(4) Advise and assist callers in understanding and implementing
their rights to participate in sentencing and parole eligibility
hearings as provided by statute.

(5) Advise callers about victims’ rights in the criminal justice
system, assist them in overcoming problems, including the return
of property, and inform them of any procedures protecting
witnesses.

(6) Refer callers, as appropriate, to local programs, which
include victim-witness programs, rape crisis units, domestic
violence projects, and child sexual abuse centers.

(7) Refer callers to local resources for information about
appropriate public and private benefits and the means of obtaining
aid.

(8) Publicize the existence of the toll-free service through the
print and electronic media, including public service
announcements, brochures, press announcements, various other
educational materials, and agreements for the provision of
publicity, by private entities.

(9) Compile comprehensive referral lists of local resources that
include the following: victims’ assistance resources, including
legal and medical services, financial assistance, personal counseling
and support services, and victims’ support groups.

(10) Produce promotional materials for distribution to law
enforcement agencies, state and local agencies, print, radio, and
television media outlets, and the general public. These materials
shall include placards, video and audio training materials, written
handbooks, and brochures for public distribution. Distribution of
these materials shall be coordinated with the local victims’ service
programs.

(11) Research, compile, and maintain a library of legal
information concerning crime victims and their rights.

(12) Provide a 20-percent minimum cash match for all funds
appropriated pursuant to this chapter which match may include
federal and private funds in order to supplement any funds
appropriated by the Legislature.

(c) The resource center shall be located so as to assure
convenient and regular access between the center and those state
agencies most concerned with crime victims. The entity receiving
the grant shall be a private, nonprofit organization, independent
of law enforcement agencies, and have qualified staff
knowledgeable in the legal rights of crime victims and the programs
and services available to victims throughout the state. The
subgrantee shall have an existing statewide, toll-free information
service and have demonstrated substantial capacity and experience
serving crime victims in areas required by this act.

(d) The services of the resource center shall not duplicate the
victim service activities of the Office of Emergency Services or
those activities of local victim programs funded through the Office
of Emergency Services.

(e) The subgrantee shall be compensated at its federally
approved indirect cost rate, if any. For the purposes of this section,
“federally approved indirect cost rate” means that rate established
by the federal Department of Health and Human Services or other
federal agency for the subgrantee. Nothing in this section shall be
construed as requiring the Office of Emergency Services to permit
the use of federally approved indirect cost rates for other
subgrantees of other grants administered by the Office of
Emergency Services.

(f) All information and records retained by the center in the
course of providing services under this chapter shall be confidential
and privileged pursuant to Article 3 (commencing with Section
950) of Chapter 4 of Division 8 of the Evidence Code and Article
4 (commencing with Section 6060) of Chapter 4 of Division 3 of
the Business and Professions Code. Nothing in this subdivision
shall prohibit compilation and distribution of statistical data by
the center.

begin delete SEC. 512. end delete
begin insert SEC. 465. end insert   

Section 13897.3 of the Penal Code is amended to
read:

13897.3.  

The Office of Emergency Services shall develop
written guidelines for funding and performance standards for
monitoring the effectiveness of the resource center program. The
program shall be evaluated by a public or private nonprofit entity
under a contract with the Office of Emergency Services.

begin delete SEC. 513. end delete
begin insert SEC. 466. end insert   

Section 13901 of the Penal Code is amended to read:

13901.  

(a) For the purposes of coordinating local criminal
justice activities and planning for the use of state and federal action
funds made available through any grant programs, criminal justice
and delinquency prevention planning districts shall be established.

(b) On January 1, 1976, all planning district boundaries shall
remain as they were immediately prior to that date. Thereafter, the
number and boundaries of those planning districts may be altered
from time to time pursuant to this section; provided that no county
shall be divided into two or more districts, nor shall two or more
counties which do not comprise a contiguous area form a single
district.

(c) Prior to taking any action to alter the boundaries of any
planning district, the council shall adopt a resolution indicating its
intention to take the action and, at least 90 days prior to the taking
of the action, shall forward a copy of the resolution to all units of
government directly affected by the proposed action.

(d) If any county or a majority of the cities directly affected by
the proposed action objects thereto, and a copy of the resolution
of each board of supervisors or city council stating its objection
is delivered to the Director of Emergency Services within 30 days
following the giving of the notice of the proposed action, the
director shall conduct a public meeting within the boundaries of
the district as they are proposed to be determined. Notice of the
time and place of the meeting shall be given to the public and to
all units of local government directly affected by the proposed
action, and reasonable opportunity shall be given to members of
the public and representatives of those units to present their views
on the proposed action.

begin delete SEC. 514. end delete
begin insert SEC. 467. end insert   

Section 14111 of the Penal Code is amended to read:

14111.  

The Legislature further finds that:

(a) It is in the public interest to translate the findings of the
California Commission on Crime Control and Violence Prevention
into community-empowering, community-activated violence
prevention efforts that would educate, inspire, and inform the
citizens of California about, coordinate existing programs relating
to, and provide direct services addressing the root causes of,
violence in California.

(b) The recommendations in the report of the commission can
serve as both the foundation and guidelines for short-,
intermediate-, and long-term programs to address and alleviate
violence in California.

(c) It is in the public interest to facilitate the highest degree of
coordination between, cooperation among, and utilization of public,
nonprofit, and private sector resources, programs, agencies,
organizations, and institutions toward maximally successful
violence prevention and crime control efforts.

(d) Prevention is a sound fiscal, as well as social, policy
objective. Crime and violence prevention programs can and should
yield substantially beneficial results with regard to the exorbitant
costs of both violence and crime to the public and private sectors.

(e) The Office of Emergency Services is the appropriate state
agency to contract for programs addressing the root causes of
violence.

begin delete SEC. 515. end delete
begin insert SEC. 468. end insert   

Section 14112 of the Penal Code is amended to read:

14112.  

The Legislature therefore intends:

(a) To develop community violence prevention and conflict
resolution programs, in the state, based upon the recommendations
of the California Commission on Crime Control and Violence
Prevention, that would present a balanced, comprehensive
educational, intellectual, and experiential approach toward
eradicating violence in our society.

(b) That these programs shall be regulated, and funded pursuant
to contracts with the Office of Emergency Services.

begin delete SEC. 516. end delete
begin insert SEC. 469. end insert   

Section 14113 of the Penal Code is amended to read:

14113.  

Unless otherwise required by context, as used in this
title:

(a) “Agency” or “office” means the Office of Emergency
Services.

(b) “Secretary” or “director” means the Director of Emergency
Services.

begin delete SEC. 517. end delete
begin insert SEC. 470. end insert   

Section 14117 of the Penal Code is amended to read:

14117.  

(a) Each program shall have a governing board or an
interagency coordinating team, or both, of at least nine members
representing a cross section of existing and recipient,
community-based, public and private persons, programs, agencies,
organizations, and institutions. Each team shall do all of the
following:

(1) As closely as possible represent the socioeconomic, ethnic,
linguistic, and cultural makeup of the community and shall
evidence an interest in and commitment to the categorical areas
of violence prevention and conflict resolution.

(2) Be responsible for the implementation, evaluation, and
operation of the program and all its constituent elements, including
those specific direct services as may be provided pursuant to
Section 14115.

(3) Be accountable for the distribution of all funds.

(4) Designate and appoint a responsible administrative authority
acceptable to the Office of Emergency Services prior to the receipt
of a grant.

(5) Submit an annual report to the Office of Emergency Services,
which shall include information on all of the following:

(A) The number of learning events.

(B) The number of persons trained.

(C) An overview of the changing level of information regarding
root causes of violence.

(D) An overview of the changing level of attitude regarding
root causes of violence.

(E) The changing level of behavior regarding root causes of
violence.

(F) The degree to which the program has been successful in
satisfying the requirements set forth in subdivisions (e) and (f) of
Section 14114.

(G) Other measures of program efficacy as specified by the
Office of Emergency Services.

(b) Coordinating teams established under this section may adopt
local policies, procedures, and bylaws consistent with this title.

begin delete SEC. 518. end delete
begin insert SEC. 471. end insert   

Section 14118 of the Penal Code is amended to read:

14118.  

(a) The Office of Emergency Services shall prepare
and issue written program, fiscal, and administrative guidelines
for the contracted programs that are consistent with this title,
including guidelines for identifying recipient programs, agencies,
organizations, and institutions, and organizing the coordinating
teams. The Office of Emergency Services shall then issue a request
for proposals. The responses to the request for proposals shall be
rated according to the priorities set forth in subdivision (b) and
additional criteria established by the guidelines. The highest rated
responses shall be selected. The Office of Emergency Services
shall do all of the following:

(1) Subject the proposed program and administrative guidelines
to a 30-day period of broad public evaluation with public hearings
commencing in May 1985, prior to adoption, including specific
solicitation of input from culturally, geographically,
socioeconomically, educationally, and ethnically diverse persons,
programs, agencies, organizations, and institutions.

(2) Provide adequate public notice of the public evaluation
around the state in major metropolitan and rural newspapers and
related media outlets, and to local public, private, and nonprofit
human service executives and advisory boards, and other
appropriate persons and organizations.

(3) Establish a mechanism for obtaining, evaluating, and
incorporating when appropriate and feasible, public input regarding
the written program and administrative guidelines prior to adoption.

(b) Applicants for contracts under this title may be existing
community-based public and nonprofit programs, agencies,
organizations, and institutions, newly developed nonprofit
corporations, or joint proposals from combinations of either or
both of the above.

begin delete SEC. 519. end delete
begin insert SEC. 472. end insert   

Section 14119 of the Penal Code is amended to read:

14119.  

(a) The Office of Emergency Services shall promote,
organize, and conduct a series of one-day crime and violence
prevention training workshops around the state. The Office of
Emergency Services shall seek participation in the workshops from
ethnically, linguistically, culturally, educationally, and
economically diverse persons, agencies, organizations, and
institutions.

(b) The training workshops shall have all of the following goals:

(1) To identify phenomena which are thought to be root causes
of crime and violence.

(2) To identify local manifestations of those root causes.

(3) To examine the findings and recommendations of the
California Commission on Crime Control and Violence Prevention.

(4) To focus on team building and interagency cooperation and
coordination toward addressing the local problems of crime and
violence.

(5) To examine the merits and necessity of a local crime and
violence prevention effort.

(c) There shall be at least three workshops.

begin delete SEC. 520. end delete
begin insert SEC. 473. end insert   

Section 14120 of the Penal Code is amended to read:

14120.  

(a) Programs shall be funded, depending upon the
availability of funds, for a period of two years.

(b) The Office of Emergency Services shall provide 50 percent
of the program costs, to a maximum amount of fifty thousand
dollars ($50,000) per program per year. The recipient shall provide
the remaining 50 percent with other resources which may include
in-kind contributions and services. The administrative expenses
for the pilot programs funded under Section 14120 shall not exceed
10 percent.

(c) Programs should be seeking private sector moneys and
developing ways to become self-sufficient upon completion of
pilot program funding.

(d) The recipient programs shall be responsible for a yearend
independent audit.

(e) The Office of Emergency Services shall do an interim
evaluation of the programs, commencing in July 1986, and shall
report to the Legislature and the people with the results of the
evaluation prior to October 31, 1986. The evaluation shall include,
but not be limited to, an assessment and inventory of all of the
following:

(1) The number of learning events.

(2) The number of persons trained.

(3) The changing level of information regarding root causes of
violence.

(4) The changing level of attitude regarding root causes of
violence.

(5) The changing level of behavior regarding root causes of
violence.

(6) The reduced level of violence in our society.

(7) The degree to which the program has succeeded in reaching
and impacting positively upon local ethnic, cultural, and
socioeconomic groups in the service area.

A final evaluation shall be made with a report prior to October
31, 1987, which shall also include specific recommendations to
the Legislature and the people of this state regarding methods and
means by which these violence prevention and crime control
programmatic efforts can be enhanced and improved.

begin delete SEC. 521. end delete
begin insert SEC. 474. end insert   

Section 14121 of the Penal Code is amended to read:

14121.  

The Office of Emergency Services may hire support
staff and utilize resources necessary to carry out the purposes of
this title.

begin delete SEC. 522. end delete
begin insert SEC. 475. end insert   

Section 14140 of the Penal Code is amended to read:

14140.  

(a) Each county is authorized and encouraged to create
a county task force on violent crimes against women. The board
of supervisors of a county which elects to create a task force under
this section shall notify the Office of Emergency Services that the
county is establishing, by appointment, a countywide task force.
Each county task force shall develop a countywide policy on
violent crimes against women.

(b) The Office of Emergency Services may provide technical
assistance to, and collect and disseminate information on, the
county task forces established under this section.

begin delete

SEC. 523.  

Section 12101 of the Public Contract Code is
amended to read:

12101.  

It is the intent of the Legislature that policies developed
by the Department of Technology and procedures developed by
the Department of General Services in accordance with Section
12102 provide for the following:

(a) The expeditious and value-effective acquisition of
information technology goods and services to satisfy state
requirements.

(b) The acquisition of information technology goods and services
within a competitive framework.

(c) The delegation of authority by the Department of General
Services to each state agency that has demonstrated to the
department’s satisfaction the ability to conduct value-effective
information technology goods and services acquisitions.

(d) The exclusion from state bid processes, at the state’s option,
of any supplier having failed to meet prior contractual requirements
related to information technology goods and services.

(e) The review and resolution of protests submitted by any
bidders with respect to any information technology goods and
services acquisitions.

SEC. 524.  

Section 12103 of the Public Contract Code is
amended to read:

12103.  

In addition to the mandatory requirements enumerated
in Section 12102, the acquisition policies developed and maintained
by the Department of Technology and procedures developed and
maintained by the Department of General Services in accordance
with this chapter may provide for the following:

(a) Price negotiation with respect to contracts entered into in
accordance with this chapter.

(b) System or equipment component performance, or availability
standards, including an assessment of the added cost to the state
to receive contractual guarantee of a level of performance.

(c) Requirement of a bond or assessment of a cost penalty with
respect to a contract or consideration of a contract offered by a
supplier whose performance has been determined unsatisfactory
in accordance with established procedures maintained in the State
Administrative Manual as required by Section 12102.

SEC. 525.  

Section 12104 of the Public Contract Code is
amended to read:

12104.  

(a) (1) Commencing on or before January 1, 2007, the
State Contracting Manual shall set forth all procedures and methods
that shall be used by the department when seeking to obtain bids
for the acquisition of information technology.

(2) Revisions to the manual must be publicly announced,
including, but not limited to, postings on the department’s Internet
homepage.

(b) The department, in consultation with the Department of
Technology, shall develop, implement, and maintain standardized
methods for the development of information technology requests
for proposals.

(c) All information technology requests for proposals shall be
reviewed by the Department of Technology and the Department
of General Services prior to release to the public.

SEC. 526.  

Section 12105 of the Public Contract Code is
amended to read:

12105.  

The Department of General Services and the Department
of Technology shall coordinate in the development of policies and
procedures that implement the intent of this chapter. The
Department of Technology shall have the final authority in the
determination of any general policy and the Department of General
Services shall have the final authority in the determination of any
procedures.

SEC. 527.  

Section 12120 of the Public Contract Code is
amended to read:

12120.  

The Legislature finds and declares that, with the advent
of deregulation in the telecommunications industry, substantial
cost savings can be realized by the state through the specialized
evaluation and acquisition of alternative telecommunications
systems. All contracts for the acquisition of telecommunications
services and all contracts for the acquisition of telecommunications
goods, whether by lease or purchase, shall be made by, or under
the supervision of, the Department of Technology. All acquisitions
shall be accomplished in accordance with Chapter 3 (commencing
with Section 12100), relating to the acquisition of information
technology goods and services, except to the extent any directive
or provision is uniquely applicable to information technology
acquisitions. The department shall have responsibility for the
establishment of policy and procedures for telecommunications.
The department shall have responsibility for the establishment of
tactical policy and procedures for information technology and
telecommunications acquisitions consistent with statewide strategic
policy. The Trustees of the California State University and the
Board of Governors of the California Community Colleges shall
assume the functions of the department with regard to acquisition
of telecommunications goods and services by the California State
University and the California Community Colleges, respectively.
The trustees and the board shall each grant to the agency an
opportunity to bid whenever the university or the college system
solicits bids for telecommunications goods and services.

end delete

begin insert

begin insert SEC. 476. end insert   

end insert

begin insert Section 12120 of the end insert begin insert Public Contract Code end insert begin insert , as
amended by Assembly Bill 76 of the 2013- end insert begin insert 14 Regular Session, is
amended to read: end insert

12120.  

The Legislature finds and declares that, with the advent
of deregulation in the telecommunications industry, substantial
cost savings can be realized by the state through the specialized
evaluation and acquisition of alternative telecommunications
systems. Any contract for the acquisition of telecommunications
services and any contract for the acquisition of telecommunications
goods, whether by lease or purchase, shall be made by, or under
the supervision of, the Department of Technology. Any acquisition
shall be accomplished in accordance with Chapter 3 (commencing
with Section 12100), relating to the acquisition of information
technology goods and services, except to the extent any directive
or provision is uniquely applicable to information technology
acquisitions. The Department of Technology shall have
responsibility for the establishment of policy and procedures for
telecommunications. The Trustees of the California State
University and the Board of Governors of the California
Community Colleges shall assume the functions of the begin delete agency end delete
begin insert department end insert with regard to acquisition of telecommunications goods
and services by the California State University and the California
Community Colleges, respectively. The trustees and the board
shall each grant to the begin delete agency end delete begin insert department end insert an opportunity to bid
whenever the university or the college system solicits bids for
telecommunications goods and services.

begin delete

SEC. 528.  

Section 12121 of the Public Contract Code is
amended to read:

12121.  

As used in this chapter:

(a) “Department” means the Department of Technology.

(b) “Tactical policy” means the policies of an organization
necessary to direct operational staff in carrying out their day-to-day
activities.

(c) “Strategic policy” means policy which defines the goals and
objectives for an organization.

end delete

begin delete SEC. 529. end delete
begin insert SEC. 477. end insert   

Section 715 of the Public Resources Code is
amended to read:

715.  

The Department of Forestry and Fire Protection, in
cooperation with the Office of Emergency Services, shall develop
a program to certify active duty military pilots to engage in
firefighting in the state.

begin delete SEC. 530. end delete
begin insert SEC. 478. end insert   

Section 2802 of the Public Resources Code is
amended to read:

2802.  

(a) The department shall develop jointly with the United
States Geological Survey a prototype earthquake prediction system
along the central San Andreas fault near the City of Parkfield.

(b) The system shall include a dense cluster of seismic and
crustal deformation instrumentation capable of monitoring
geophysical and geochemical phenomena associated with
earthquakes in the region. These data shall be analyzed
continuously to determine if precursory anomalies can be identified
with sufficient certainty to make a short-term prediction. The
department shall not duplicate any of the ongoing efforts of the
United States Geological Survey or any public or private college
or university in the development of this system.

(c) In meeting its obligations under this chapter, the department
shall develop, in cooperation with the United States Geological
Survey, a plan for completion of the Parkfield instrumentation
network. The plan shall provide for all of the following:

(1) Augmentation of monitoring instruments with the goal of
detecting precursors of the Parkfield characteristic earthquake.

(2) Operation by the department of a remote data review station
in Sacramento which will provide state scientists with data from
the Parkfield prototype earthquake prediction system and other
data, as required, to advise the Office of Emergency Services of
the occurrence of precursors and verification of the predicted event.

(3) Advising the United States Geological Survey, the Office
of Emergency Services, the Seismic Safety Commission, and the
California Earthquake Prediction Evaluation Council, regarding
the department’s review of Parkfield data.

(d) On January 1, 1987, the department shall issue a progress
report to the Governor, the Legislature, and the Seismic Safety
Commission. An annual progress report shall be made each year
thereafter. The project shall terminate on January 1, 1992, unless
extended by statute.

begin delete SEC. 531. end delete
begin insert SEC. 479. end insert   

Section 2803 of the Public Resources Code is
amended to read:

2803.  

(a) Concurrently with the development of the Parkfield
prototype earthquake prediction system, the Office of Emergency
Services, in consultation with the California Earthquake Prediction
Evaluation Council, shall develop a comprehensive emergency
response plan for short-term earthquake predictions. The plan shall
include all of the following:

(1) A method of peer review involving the California Earthquake
Prediction Evaluation Council to evaluate the validity of short-term
earthquake predictions and to develop guidelines for initiating
state action in response to anomalous geochemical and geophysical
phenomena.

(2) A means of rapidly activating governmental response to a
predicted event.

(3) Plans for mitigating earthquake losses to vulnerable
populations, including, but not limited to, drawdown of
impoundment levels behind dams, positioning of emergency
equipment in safe areas, and mobilization of firefighting, law
enforcement, rescue, and medical personnel.

(4) A public warning system.

(5) Strategies for dealing with earthquake predictions that fail
to occur (false alarms) and the failure of an earthquake prediction
system to forecast a damaging event.

(b) The Office of Emergency Services shall consult with the
department, the Seismic Safety Commission, the United States
Geological Survey, and the Federal Emergency Management
Agency in the development of the plan.

begin delete SEC. 532. end delete
begin insert SEC. 480. end insert   

Section 2811 of the Public Resources Code is
amended to read:

2811.  

As used in this chapter:

(a) “Agency” or “office” means the Office of Emergency
Services.

(b) “Commission” means the Seismic Safety Commission.

(c) “Local jurisdiction” means a city, county, or district.

(d) “Preparedness” means long-term preearthquake hazard
mitigation, reconstruction, and recovery planning and preparation
for emergency response.

begin delete SEC. 533. end delete
begin insert SEC. 481. end insert   

Section 2814 of the Public Resources Code is
amended to read:

2814.  

The earthquake preparedness activities established under
this chapter shall be carried out by the Office of Emergency
Services. The commission and Office of Emergency Services shall
work together and use appropriate scientific information and
recommendations provided by the division. Other arrangements
to coordinate the activities established by this chapter shall be
made, through mutual agreement, by the commission and the Office
of Emergency Services. A local advisory board shall be established
to provide advice and guidance on project activities in the Counties
of San Diego, Imperial, and Santa Barbara.

begin delete SEC. 534. end delete
begin insert SEC. 482. end insert   

Section 2815 of the Public Resources Code is
amended to read:

2815.  

The Office of Emergency Services may enter into
agreements with local, regional, and federal agencies, councils of
government, and private organizations and contractors, and may
receive and expend funds provided by those entities in support of
comprehensive earthquake preparedness programs authorized by
this chapter. The commission and Office of Emergency Services
shall seek assistance from appropriate federal agencies.

begin delete SEC. 535. end delete
begin insert SEC. 483. end insert   

Section 3233 of the Public Resources Code is
amended to read:

3233.  

(a) The division may develop field rules which establish
volumetric thresholds for emergency reporting by the operator of
oil discharges to land associated with onshore drilling, exploration,
or production operations, where the oil discharges, because of the
circumstances established pursuant to paragraph (1) of subdivision
(c), cannot pass into or threaten the waters of the state. The division
may not adopt field rules under this section, unless the State Water
Resources Control Board and the Department of Fish and Game
first concur with the volumetric reporting thresholds contained in
the proposed field rules. Subchapter 1 (commencing with Section
1710) of Chapter 4 of Division 2 of Title 14 of the California Code
of Regulations shall apply to the adoption and implementation of
field rules authorized by this section.

(b) The authority granted to the division pursuant to subdivision
(a) shall apply solely to oil fields located in the San Joaquin Valley,
as designated by the division. The division shall adopt the field
rules not later than January 1, 1998.

(c) For purposes of implementing this section, the division, the
State Water Resources Control Board, and the Department of Fish
and Game shall enter into an agreement that defines the process
for establishing both of the following:

(1) The circumstances, such as engineered containment, under
which oil discharges cannot pass into or threaten the waters of this
state.

(2) The volumetric reporting thresholds that are applicable under
the circumstances established pursuant to paragraph (1).

(d) In no case shall a reporting threshold established in the field
rules, where the oil discharge cannot pass into or threaten the
waters of this state, be less than one barrel (42 gallons), unless
otherwise established by federal law or regulation. Until field rules
are adopted, emergency reporting of oil discharges shall continue
as required by existing statute and regulations.

(e) An operator who discharges oil in amounts less than the
volumetric thresholds adopted by the division pursuant to this
section is exempt from all applicable state and local reporting
requirements. Discharges of oil in amounts equal to, or greater
than, the volumetric thresholds adopted by the division pursuant
to this section shall be immediately reported to the Office of
Emergency Services which shall inform the division and other
local or state agencies as required by Section 8589.7 of the
Government Code. Reporting to the Office of Emergency Services
shall be deemed to be in compliance with all applicable state and
local reporting requirements.

(f) Oil discharges below the reporting thresholds established in
the field rules shall be exempt from the emergency notification or
reporting requirements, and any penalties provided for
nonreporting, established under paragraph (1) of subdivision (a)
of Section 13260 of the Water Code, subdivisions (a), (c), and (e)
of Section 13272 of the Water Code, Section 25507 of the Health
and Safety Code, Sections 8670.25.5 and 51018 of the Government
Code, and subdivision (h) of Section 1722 of Title 14 of the
California Code of Regulations. Oil discharge reporting
requirements under Section 51018 of the Government Code shall
be applicable if a spill involves a fire or explosion.

(g) This section shall not affect existing reporting or notification
requirements under federal law.

(h) Nothing in this section shall be construed to relieve any
party of any responsibility established by statute, regulation, or
order, to clean up or remediate any oil discharge, whether
reportable or exempt pursuant to this section.

(i) Reporting provided pursuant to this section is not intended
to prohibit any department or agency from seeking and obtaining
any supplemental postreporting information to which the
department or agency might otherwise be entitled.

(j) For purposes of this section, “oil” means naturally occurring
crude oil.

begin delete SEC. 536. end delete
begin insert SEC. 484. end insert   

Section 5075.8 of the Public Resources Code is
amended to read:

5075.8.  

(a) The department may convene a planning task force
in order to facilitate the development of a comprehensive plan for
the San Joaquin River Parkway.

The task force shall include, but not be limited to, a
representative of the following entities:

(1) State Lands Commission.

(2) Department of Parks and Recreation.

(3) Department of Fish and Game.

(4) State Reclamation Board.

(5) County of Fresno.

(6) County of Madera.

(7) City of Fresno.

(8) Fresno County and City Chamber of Commerce.

(9) Fresno Sand and Gravel Producers.

(10) San Joaquin River Property Owners Association.

(11) Upper San Joaquin River Association.

(12) San Joaquin River Parkway and Conservation Trust.

(13) San Joaquin River Committee.

(b) The plan shall be submitted to the Legislature not later than
June 1, 1991.

begin delete SEC. 537. end delete
begin insert SEC. 485. end insert   

Section 5099.12 of the Public Resources Code is
amended to read:

5099.12.  

Of the annual apportionment of funds received by
the director pursuant to this chapter, 60 percent shall be allocated
for local governmental agency projects and 40 percent for state
agency projects. The state agency share shall be disbursed to the
following state agencies in the following percentages: 60 percent
to the Department of Parks and Recreation; 35 percent to the
Wildlife Conservation Board or the Department of Fish and Game;
and 5 percent to the Department of Water Resources. The State
Coastal Conservancy established pursuant to Section 31100 is
eligible to compete for grants of funds for projects of an outdoor
recreational nature from the 6-percent contingency fund established
by this section.

If either the state or local governmental agencies are unable to
utilize their allocation of funds, the director shall allocate the
uncommitted funds to those state or local governmental agencies
that are in position to take advantage of the funds during the year
in which they are allocated. The 60-percent allocation for local
governmental agency projects and the 40-percent allocation to
state agency projects shall not be computed until the costs of
maintaining and keeping up to date the plan required pursuant to
Section 5099.2 and an additional 6 percent for deposit to a
contingency fund have been deducted.

begin delete SEC. 538. end delete
begin insert SEC. 486. end insert   

Section 10002 of the Public Resources Code is
amended to read:

10002.  

The Director of Fish and Game shall prepare proposed
streamflow requirements, which shall be specified in terms of
cubic feet of water per second, for each stream or watercourse
identified pursuant to Section 10001. In developing the
requirements for each stream, the director shall consult with the
Director of Water Resources, the Director of Parks and Recreation
and with all affected local governments. The Director of Fish and
Game may also consult with any private individuals, groups, or
organizations as the director deems advisable. Upon completion
of the proposed streamflow requirements for any individual stream
or watercourse, the Director of Fish and Game shall transmit these
proposed requirements to the State Water Resources Control Board.
The State Water Resources Control Board shall consider these
requirements within a stream as set forth in Section 1257.5 of the
Water Code. The Director of Fish and Game shall complete the
preparation of proposed requirements for the initial streams not
later than July 1, 1989.

The Department of Fish and Game may contract for temporary
services for purposes of preparing the proposed streamflow
requirements.

begin delete SEC. 539. end delete
begin insert SEC. 487. end insert   

Section 25402.9 of the Public Resources Code is
amended to read:

25402.9.  

(a) On or before July 1, 1996, the commission shall
develop, adopt, and publish an informational booklet to educate
and inform homeowners, rental property owners, renters, sellers,
brokers, and the general public about the statewide home energy
rating program adopted pursuant to Section 25942.

(b) In the development of the booklet, the commission shall
consult with representatives of the Bureau of Real Estate, the
Department of Housing and Community Development, the Public
Utilities Commission, investor-owned and municipal utilities,
cities and counties, real estate licensees, homebuilders, mortgage
lenders, home appraisers and inspectors, home energy rating
organizations, contractors who provide home energy services,
consumer groups, and environmental groups.

(c) The commission shall charge a fee for the informational
booklet to recover its costs under subdivision (a).

begin delete SEC. 540. end delete
begin insert SEC. 488. end insert   

Section 25701 of the Public Resources Code is
amended to read:

25701.  

(a) Within six months after the effective date of this
division, each electric utility, gas utility, and fuel wholesaler or
manufacturer in the state shall prepare and submit to the
commission a proposed emergency load curtailment plan or
emergency energy supply distribution plan setting forth proposals
for identifying priority loads or users in the event of a sudden and
serious shortage of fuels or interruption in the generation of
electricity.

(b) The commission shall encourage electric utilities to cooperate
in joint preparation of an emergency load curtailment plan or
emergency energy distribution plan. If such a cooperative plan is
developed between two or more electric utilities, such utilities may
submit such joint plans to the commission in place of individual
plans required by subdivision (a) of this section.

(c) The commission shall collect from all relevant governmental
agencies, including, but not limited to, the Public Utilities
Commission and the Office of Emergency Services, any existing
contingency plans for dealing with sudden energy shortages or
information related thereto.

begin delete SEC. 541. end delete
begin insert SEC. 489. end insert   

Section 25943 of the Public Resources Code is
amended to read:

25943.  

(a) (1) By March 1, 2010, the commission shall
establish a regulatory proceeding to develop and implement a
comprehensive program to achieve greater energy savings in
California’s existing residential and nonresidential building stock.
This program shall comprise a complementary portfolio of
techniques, applications, and practices that will achieve greater
energy efficiency in existing residential and nonresidential
structures that fall significantly below the current standards in Title
24 of the California Code of Regulations, as determined by the
commission.

(2) The comprehensive program may include, but need not be
limited to, a broad range of energy assessments, building
benchmarking, energy rating, cost-effective energy efficiency
improvements, public and private sector energy efficiency
financing options, public outreach and education efforts, and green
workforce training.

(b) To develop and implement the program specified in
subdivision (a), the commission shall do both of the following:

(1) Coordinate with the Public Utilities Commission and consult
with representatives from the Bureau of Real Estate, the
Department of Housing and Community Development,
investor-owned and publicly owned utilities, local governments,
real estate licensees, commercial and homebuilders, commercial
property owners, small businesses, mortgage lenders, financial
institutions, home appraisers, inspectors, energy rating
organizations, consumer groups, environmental and environmental
justice groups, and other entities the commission deems
appropriate.

(2) Hold at least three public hearings in geographically diverse
locations throughout the state.

(c) In developing the requirements for the program specified in
subdivision (a), the commission shall consider all of the following:

(1) The amount of annual and peak energy savings, greenhouse
gas emission reductions, and projected customer utility bill savings
that will accrue from the program.

(2) The most cost-effective means and reasonable timeframes
to achieve the goals of the program.

(3) The various climatic zones within the state.

(4) An appropriate method to inform and educate the public
about the need for, benefits of, and environmental impacts of, the
comprehensive energy efficiency program.

(5) The most effective way to report the energy assessment
results and the corresponding energy efficiency improvements to
the owner of the residential or nonresidential building, including,
among other things, the following:

(A) Prioritizing the identified energy efficiency improvements.

(B) The payback period or cost-effectiveness of each
improvement identified.

(C) The various incentives, loans, grants, and rebates offered
to finance the improvements.

(D) Available financing options including all of the following:

(i) Mortgages or sales agreement components.

(ii) On-bill financing.

(iii) Contractual property tax assessments.

(iv) Home warranties.

(6) Existing statutory and regulatory requirements to achieve
energy efficiency savings and greenhouse gas emission reductions.

(7) A broad range of implementation approaches, including both
utility and nonutility administration of energy efficiency programs.

(8) Any other considerations deemed appropriate by the
commission.

(d) The program developed pursuant to this section shall do all
of the following:

(1) Minimize the overall costs of establishing and implementing
the comprehensive energy efficiency program requirements.

(2) Ensure, for residential buildings, that the energy efficiency
assessments, ratings, or improvements do not unreasonably or
unnecessarily affect the home purchasing process or the ability of
individuals to rent housing. A transfer of property subject to the
program implemented pursuant to this section shall not be
invalidated solely because of the failure of a person to comply
with a provision of the program.

(3) Ensure, for nonresidential buildings, that the energy
improvements do not have an undue economic impact on California
businesses.

(4) Determine, for residential buildings, the appropriateness of
the Home Energy Rating System (HERS) program to support the
goals of this section and whether there are a sufficient number of
HERS-certified raters available to meet the program requirements.

(5) Determine, for nonresidential structures, the availability of
an appropriate cost-effective energy efficiency assessment system
and whether there are a sufficient number of certified raters or
auditors available to meet the program requirements.

(6) Coordinate with the California Workforce Investment Board,
the Employment Training Panel, the California Community
Colleges, and other entities to ensure a qualified, well-trained
workforce is available to implement the program requirements.

(7) Coordinate with, and avoid duplication of, existing
proceedings of the Public Utilities Commission and programs
administered by utilities.

(e) A home energy rating or energy assessment service does not
meet the requirements of this section unless the service has been
certified by the commission to be in compliance with the program
criteria developed pursuant to this section and is in conformity
with other applicable elements of the program.

(f) The commission shall periodically update the criteria and
adopt any revision that, in its judgment, is necessary to improve
or refine program requirements after receiving public input.

(g) Before implementing an element of the program developed
pursuant to subdivision (a) that requires the expansion of statutory
authority of the commission or the Public Utilities Commission,
the commission and the Public Utilities Commission shall obtain
legislative approval for the expansion of their authorities.

(h) The commission shall report on the status of the program in
the integrated energy policy report pursuant to Section 25302.

(i) The commission shall fund activities undertaken pursuant
to this section from the Federal Trust Fund consistent with the
federal American Recovery and Reinvestment Act of 2009 (Public
Law 111-5) or other sources of nonstate funds available to the
commission for the purposes of this section.

(j) For purposes of this section, “energy assessment” means a
determination of an energy user’s energy consumption level,
relative efficiency compared to other users, and opportunities to
achieve greater efficiency or improve energy resource utilization.

begin delete SEC. 542. end delete
begin insert SEC. 490. end insert   

Section 29735 of the Public Resources Code is
amended to read:

29735.  

There is hereby created the Delta Protection
Commission consisting of 15 members as follows:

(a) One member of the board of supervisors, or his or her
designee, of each of the five counties within the Delta whose
supervisorial district is within the primary zone shall be appointed
by the board of supervisors of each of those respective counties.

(b) (1) Two elected city council members shall be selected and
appointed by city selection committees, from the appropriate
regions specified in subparagraphs (A) and (B), one in each of the
following areas:

(A) One from the south Delta, consisting of the County of San
Joaquin.

(B) One from the west Delta, from either the County of Contra
Costa or the County of Solano, on a rotating basis.

(2) One elected city council member shall be selected and
appointed by city selection committees, from regional and area
councils of government from the north Delta, consisting of the
Counties of Yolo and Sacramento.

(3) A city council member appointed pursuant to this subdivision
may select a designee for purposes of this subdivision.

(4) Notwithstanding Section 29736, the term of office of the
members selected pursuant to this subdivision shall be two years.

(c) One member each from the board of directors of three
different reclamation districts that are located within the primary
zone who are residents of the Delta, and who are elected by the
trustees of reclamation districts pursuant to paragraphs (1), (2),
and (3). Each reclamation district may nominate one director to
be a member. The member from an area described in paragraph
(1), (2), or (3) shall be selected from among the nominees by a
majority vote of the reclamation districts in that area. A member
selected pursuant to this subdivision may select a designee for this
purpose. For the purposes of this section, each reclamation district
shall have one vote. Reclamation district members shall consist
of the following:

(1) One member from the area of the North Delta Water Agency
as described in Section 9.1 of the North Delta Water Agency Act
(Chapter 283 of the Statutes of 1973).

(2) One member from an area including the west Delta
consisting of the area of the County of Contra Costa within the
Delta and within the Central Delta Water Agency as described in
Section 9.1 of the Central Delta Water Agency Act (Chapter 1133
of the Statutes of 1973).

(3) One member from the area of the South Delta Water Agency
as described in Section 9.1 of the South Delta Water Agency Act
(Chapter 1089 of the Statutes of 1973).

(d) The Secretary of Food and Agriculture, or the secretary’s
sole designee.

(e) The executive officer of the State Lands Commission, or the
executive officer’s sole designee.

(f) The Secretary of the Natural Resources Agency, or his or
her sole designee.

(g) The Secretary of Transportation, or his or her sole designee.

begin delete SEC. 543. end delete
begin insert SEC. 491. end insert   

Section 30169 of the Public Resources Code is
amended to read:

30169.  

(a) The Legislature hereby finds and declares that a
dispute exists as to the proper location of the inland boundary of
the coastal zone in the area commonly known as Aliso Viejo and
that, after extensive review of the history of this boundary segment,
the criteria utilized to establish the boundary in 1976, and the
relevant topographical information, it is possible to reach differing
conclusions of equal validity regarding the proper location of the
coastal zone boundary. The Legislature further finds that it is not
possible to determine objectively which ridgeline feature in the
Aliso Viejo area most closely approximates the boundary criteria
utilized by the Legislature in 1976, and that it is in the best public
interest to resolve the current boundary dispute in order to avoid
further delay in the completion of the local coastal program for
Orange County. The Legislature further finds that a timely
resolution of this boundary dispute can best be accomplished by
adjusting the coastal zone boundary in the manner set forth in this
section and within the general framework of Section 30103 and
consistent with the need to protect the coastal resources of the
Aliso Viejo area and to carry out the requirements of Section
30213.

(b) In the Aliso Creek area of Orange County approximately
286 acres are added and approximately 1,020 acres are excluded
as specifically shown on maps 28A and 28B dated April 15, 1980,
and filed on April 22, 1980, with the office of the Secretary of
State and which are on file in the office of the commission. The
maps are hereby adopted by reference. The changes made in the
inland boundary of the coastal zone by this section are in addition
to any changes made by any map referred to in Section 30150,
except to the extent that the changes made by this section affect a
segment of the boundary previously changed by the map, in which
case the changes made by this section shall supersede any of those
previous changes.

(c) The executive director of the commission may adjust the
precise location of the inland boundary of the coastal zone not
more than 100 yards in either a seaward or landward direction in
order to conform the precise boundary location to the specific
limits of development adjacent to the coastal zone boundary as
shown on maps 28A and 28B. However, in any subdivided area,
the executive director may adjust the precise location of the inland
boundary of the coastal zone not more than 100 feet in a landward
direction in order to include any development of the first row of
lots immediately adjacent to the boundary as shown on those maps,
where the executive director determines that the adjustment is
necessary to ensure that adequate controls will be applied to the
development in order to minimize any potential adverse effects
on the coastal zone resources. The executive director shall prepare
a detailed map showing any of the changes and shall file a copy
of the map with the county clerk.

(d) Prior to the adoption and approval of a drainage control plan
by the County of Orange for the Aliso Viejo Planned Community
(as designated by Amendment No. L. U. 79-1 to the Land Use
Element of the Orange County General Plan), the county shall
consult with the executive director of the commission to ensure
that any drainage control facilities located outside the coastal zone
are adequate to provide for no increase in peak runoff, by virtue
of the development of the Aliso Viejo Planned Community, which
would result in adverse impacts on coastal zone resources.

(e) On or before January 31, 1981, the commission shall, after
public hearing and in consultation with the County of Orange,
certify or reject a local coastal program segment prepared and
submitted by the county on or before August 1, 1980, for the
following parcel in the Aliso Creek area: land owned by the Aliso
Viejo Company, a California corporation, as of April 22, 1980,
within the coastal zone as amended by this section. The local
coastal program required by this subdivision shall, for all purposes
of this division, constitute a certified local coastal program segment
for that parcel in the County of Orange. The segment of the
county’s local coastal program for the parcel may be amended
pursuant to this division relating to the amendment of local coastal
programs. If the commission neither certifies nor rejects the
submitted local coastal program within the time limit specified in
this subdivision, the land added to the coastal zone by this section
shall no longer be subject to this division. It is the intent of the
Legislature in enacting this subdivision, that a procedure to
expedite the preparation and adoption of a local coastal program
for that land be established so that the public and the affected
property owner know as soon as possible what uses are permissible.

(f) The commission, through its executive director, shall enter
into a binding and enforceable agreement with Aliso Viejo
Company, and the agreement shall be recorded as a covenant to
run with the land with no prior liens other than tax and assessment
liens restricting the Aliso Viejo Planned Community. The
agreement shall provide for all of the following:

(1) The Aliso Viejo Company shall provide at least 1,000 units
of for-sale housing to moderate-income persons at prices affordable
to a range of households earning from 81 to 120 percent of the
median income for Orange County as adjusted for family size
pursuant to the commission’s housing guidelines on affordable
housing dated January 22, 1980, and July 16, 1979, and any
additional provisions as agreed to between the commission and
the Aliso Viejo Company as referred to in this subdivision.

For purposes of this subdivision, median income constitutes the
figure most recently established by the Department of Housing
and Urban Development at the time the public report for the units,
or any portion thereof, is issued by the Bureau of Real Estate. The
affordable units required by this subdivision shall be priced equally
over the moderate-income range and shall reflect a reasonable mix
as to size and number of bedrooms.

(2) The 1,000 units provided pursuant to this subdivision shall
be sold subject to controls on resale substantially as provided in
the commission’s housing guidelines on affordable housing, dated
January 22, 1980, and July 16, 1979, and any additional provisions
as agreed to between the commission and the Aliso Viejo Company
as referred to in this subdivision. On or before entering the
agreement provided for herein, the Aliso Viejo Company shall
enter into an agreement, approved by the executive director of the
commission, with the Orange County Housing Authority or any
other appropriate housing agency acceptable to the executive
director of the commission to provide for the administration of the
resale controls including the qualification of purchasers.

(3) The 1,000 units provided pursuant to this subdivision may
be dispersed throughout the Aliso Viejo Planned Community, and
shall be completed and offered for sale prior to, or simultaneously
with, other units in the overall project, so that at any time at least
71⁄2 percent of the units constructed shall be resale-controlled until
the 1,000 units are completed.

(4) The Department of Housing and Community Development
and the County of Orange shall be third-party beneficiaries to the
agreement provided in this subdivision and shall have the power
to enforce any and all provisions of the agreement.

(5) This agreement may only be amended upon the
determination of the Aliso Viejo Company or its successors or
assigns, the commission, the Department of Housing and
Community Development, and the County of Orange that the
change is necessary in order to prevent adverse effects on the
supply of low- and moderate-income housing opportunities and
to improve the methods of providing the housing at continually
affordable prices.

The Legislature hereby finds and declares that, because the Aliso
Viejo Company, in addition to the 1,000 units of controlled housing
provided in this subdivision, will provide for 2,000 units of
subsidized affordable housing for low-income persons and 2,000
affordable housing units for moderate-income persons pursuant
to the company’s housing program, the purposes of Section 30213
will be met by enactment of this subdivision. The Legislature
further finds and declares that the general provisions of this
subdivision are specifically described and set forth in letters by
Aliso Viejo Company and the executive director of the commission
published in the Journals of the Senate and the Assembly of the
1979-80 Regular Session, and it is the intent of the Legislature
that the commission and Aliso Viejo Company conform the
agreement provided in this subdivision to the specific provisions
described in the letters.

(g) Notwithstanding any other provision of law, the application
of this division by the commission to the development or use of
any infrastructure necessary and appropriate to serve development
within the portions of the Aliso Viejo Planned Community located
inland of the coastal zone as amended by this section, shall be
strictly limited to addressing direct impacts on coastal zone
resources and shall be carried out in a manner that assures that the
infrastructure will be provided. Furthermore, the commission shall
amend without conditions its prior permit No. A-61-76 to provide
for its release of sewer outfall flow limitations necessary and
appropriate to serve the Aliso Viejo Planned Community located
inland of the coastal zone as amended by this subdivision. For
purposes of this subdivision, “infrastructure” means those facilities
and improvements necessary and appropriate to develop, construct,
and serve urban communities, including but not limited to, streets,
roads, and highways; transportation systems and facilities; schools;
parks; water and sewage systems and facilities; electric, gas, and
communications systems and facilities; and drainage and flood
control systems and facilities. Notwithstanding this subdivision,
the commission may limit, or reasonably condition, the use of the
transit corridor in Aliso Creek Valley to transit uses, uses approved
by the commission that will serve the Aliso Greenbelt Project
prepared by the State Coastal Conservancy, the provision of access
to and from the sewage treatment works in Aliso Creek Valley,
emergency uses, and drainage and flood control systems and
facilities and other services approved pursuant to this subdivision.

(h)  This section shall become operative only when the
commission and Aliso Viejo Company have entered into the
binding and enforceable agreement provided for in this section,
and the agreement has been duly recorded with the county recorder
of Orange County.

begin delete SEC. 544. end delete
begin insert SEC. 492. end insert   

Section 30301 of the Public Resources Code is
amended to read:

30301.  

The commission shall consist of the following 15
members:

(a) The Secretary of the Resources Agency.

(b) The Secretary of Transportation.

(c) The Chairperson of the State Lands Commission.

(d) Six representatives of the public from the state at large. The
Governor, the Senate Committee on Rules, and the Speaker of the
Assembly shall each appoint two of these members.

(e) Six representatives selected from six coastal regions. The
Governor shall select one member from the north coast region and
one member from the south central coast region. The Speaker of
the Assembly shall select one member from the central coast region
and one member from the San Diego coast region. The Senate
Committee on Rules shall select one member from the north central
coast region and one member from the south coast region. For
purposes of this division, these regions are defined as follows:

(1) The north coast region consists of the Counties of Del Norte,
Humboldt, and Mendocino.

(2) The north central coast region consists of the Counties of
Sonoma and Marin and the City and County of San Francisco.

(3) The central coast region consists of the Counties of San
Mateo, Santa Cruz, and Monterey.

(4) The south central coast region consists of the Counties of
San Luis Obispo, Santa Barbara, and Ventura.

(5) The south coast region consists of the Counties of Los
Angeles and Orange.

(6) The San Diego coast region consists of the County of San
Diego.

begin delete SEC. 545. end delete
begin insert SEC. 493. end insert   

Section 36300 of the Public Resources Code is
amended to read:

36300.  

The Ocean Resources Task Force is hereby created in
state government. The task force is composed of the following or
their designee: the Secretary for Environmental Protection, the
Secretary of the Natural Resources Agency, the State Public Health
Officer, the Secretary of Transportation, the Chairperson or
Executive Officer of the State Lands Commission as determined
by the commission, the Chairperson or Executive Director of the
California Coastal Commission as determined by the commission,
the Chairperson or Executive Officer of the Coastal Conservancy
as determined by the conservancy, the Chairperson or Executive
Director of the San Francisco Bay Conservation and Development
Commission as determined by the commission, the Director of
Conservation, the Director of Fish and Game, the Director of Parks
and Recreation, the Office of Mine Reclamation, the Chairperson
or Executive Director of the State Water Resources Control Board
as determined by the board, the executive officer of each California
regional water quality control board for a coastal region, the
Director of Finance, the Chairperson or Executive Director of the
State Energy Resources Conservation and Development
Commission as determined by the commission, the Chairperson
of the State Air Resources Board, the Chairperson of the Senate
Committee on Natural Resources and Water, the Chairperson of
the Assembly Committee on Natural Resources, the President of
the University of California, the Chancellor of the California State
University, and the Director of the California Sea Grant program.

begin delete SEC. 546. end delete
begin insert SEC. 494. end insert   

Section 40400 of the Public Resources Code is
amended to read:

40400.  

There is in the California Environmental Protection
Agency the Department of Resources Recycling and Recovery.
The Department of Resources Recycling and Recovery shall be
administered under the control of an executive officer known as
the Director of Resources Recycling and Recovery. Any reference
in any law or regulation to the State Solid Waste Management
Board, the California Waste Management Board, or the California
Integrated Waste Management Board shall hereafter apply to the
Department of Resources Recycling and Recovery. The Director
of Resources Recycling and Recovery shall hear and decide appeals
of decisions of the Department of Resources Recycling and
Recovery made pursuant to this division.

begin delete SEC. 547. end delete
begin insert SEC. 495. end insert   

Section 42703 of the Public Resources Code is
amended to read:

42703.  

(a) Except as provided in subdivision (d), the
Department of Transportation shall require the use of crumb rubber
in lieu of other materials at the following levels for state highway
construction or repair projects that use asphalt as a construction
material:

(1) On and after January 1, 2007, the Department of
Transportation shall use, on an annual average, not less than 6.62
pounds of CRM per metric ton of the total amount of asphalt paving
materials used.

(2) On and after January 1, 2010, the Department of
Transportation shall use, on an annual average, not less than 8.27
pounds of CRM per metric ton of the total amount of asphalt paving
materials used.

(3) On and after January 1, 2013, the Department of
Transportation shall use, on an annual average, not less than 11.58
pounds of CRM per metric ton of the total amount of asphalt paving
materials used.

(b) (1) The annual average use of crumb rubber required in
subdivision (a) shall be achieved on a statewide basis and shall
not require the use of asphalt containing crumb rubber in each
individual project or in a place where it is not feasible to use that
material.

(2) On and after January 1, 2007, and before January 1, 2015,
not less than 50 percent of the asphalt pavement used to comply
with the requirements of subdivision (a) shall be rubberized asphalt
concrete.

(3) On and after January 1, 2015, the Department of
Transportation may use any material meeting the definition of
asphalt containing crumb rubber, with respect to product type or
specification, to comply with the requirements of subdivision (a).

(c) (1) The Secretary Transportation shall, on or before January
1 of each year, prepare an analysis comparing the cost differential
between asphalt containing crumb rubber and conventional asphalt.
The analysis shall include the cost of the quantity of asphalt product
needed per lane mile paved and, at a minimum, shall include all
of the following:

(A) The lifespan and duration of the asphalt materials.

(B) The maintenance cost of the asphalt materials and other
potential cost savings to the department, including, but not limited
to, reduced soundwall construction costs resulting from noise
reduction qualities of rubberized asphalt concrete.

(C) The difference between each type or specification of asphalt
containing crumb rubber, considering the cost-effectiveness of
each type or specification separately in comparison to the
cost-effectiveness of conventional asphalt paving materials.

(2) Notwithstanding subdivision (a), if, after completing the
analysis required by paragraph (1), the secretary determines that
the cost of asphalt containing crumb rubber exceeds the cost of
conventional asphalt, the Department of Transportation shall
continue to meet the requirement specified in paragraph (1) of
subdivision (a), and shall not implement the requirement specified
in paragraph (2) of subdivision (a). If the secretary determines,
pursuant to an analysis prepared pursuant to paragraph (1), that
the cost of asphalt containing crumb rubber does not exceed the
cost of conventional asphalt, the Department of Transportation
shall implement paragraph (2) of subdivision (a) within one year
of that determination, but not before January 1, 2010.

(3) Notwithstanding subdivision (a), if the Department of
Transportation delays the implementation of paragraph (2) of
subdivision (a), the Department of Transportation shall not
implement the requirement of paragraph (3) of subdivision (a)
until three years after the date the department implements paragraph
(2) of subdivision (a).

(d) For the purposes of complying with the requirements of
subdivision (a), only crumb rubber manufactured in the United
States that is derived from waste tires taken from vehicles owned
and operated in the United States may be used.

(e) The Department of Transportation and the board shall
develop procedures for using crumb rubber and other derived tire
products in other projects.

(f) The Department of Transportation shall notify and confer
with the East Bay Municipal Utility District before using asphalt
containing crumb rubber on a state highway construction or repair
project that overlays district infrastructure.

(g) For purposes of this section the following definitions shall
apply:

(1) “Asphalt containing crumb rubber” means any asphalt
pavement construction, rehabilitation, or maintenance material
that contains reclaimed tire rubber and that is specified for use by
the Department of Transportation.

(2) “Crumb rubber” or “CRM” has the same meaning as defined
in Section 42801.7.

(3) “Rubberized asphalt concrete” or “RAC” means a paving
material that uses an asphalt rubber binder containing an amount
of reclaimed tire rubber that is 15 percent or more by weight of
the total blend, and that meets other specifications for both the
physical properties of asphalt rubber and the application of asphalt
rubber, as defined in the American Society for Testing and
Materials (ASTM) Standard Specification for Asphalt-Rubber
Binder.

begin delete SEC. 548. end delete
begin insert SEC. 496. end insert   

Section 43035 of the Public Resources Code is
amended to read:

43035.  

(a) The board, in cooperation with the Office of
Emergency Services, shall develop an integrated waste
management disaster plan to provide for the handling, storage,
processing, transportation, and diversion from disposal sites, or
provide for disposal at a disposal site where absolutely necessary,
of solid waste, resulting from a state of emergency or a local
emergency, as defined, respectively, in subdivisions (b) and (c) of
Section 8558 of the Government Code.

(b) The board may adopt regulations, including emergency
regulations, necessary to carry out the integrated waste management
disaster plan.

begin delete

SEC. 549.  

Section 75121 of the Public Resources Code is
amended to read:

75121.  

(a) The Strategic Growth Council is hereby established
in state government and it shall consist of the Director of State
Planning and Research, the Secretary of the Resources Agency,
the Secretary for Environmental Protection, the Secretary of
Transportation, the Secretary of California Health and Human
Services, and one member of the public to be appointed by the
Governor. The public member shall have a background in land
use planning, local government, resource protection and
management, or community development or revitalization.

(b) Staff for the council shall be reflective of the council’s
membership.

end delete

begin insert

begin insert SEC. 497. end insert   

end insert

begin insert Section 75121 of the end insert begin insert Public Resources Code end insert begin insert , as
amended by Assembly Bill 76 of the 2013- end insert begin insert 14 Regular Session, is
amended to read: end insert

75121.  

(a) The Strategic Growth Council is hereby established
in state government and it shall consist of the Director of State
Planning and Research, the Secretary of the Resources Agency,
the Secretary for Environmental Protection, the Secretary of
begin delete Business, end delete Transportation begin delete and Housing end delete , the Secretary of California
Health and Human Services, the Secretary of Business, Consumer
Services, and Housing, and one member of the public to be
appointed by the Governor. The public member shall have a
background in land use planning, local government, resource
protection and management, or community development or
revitalization.

(b) Staff for the council shall be reflective of the council’s
membership.

begin delete SEC. 550. end delete
begin insert SEC. 498. end insert   

Section 783 of the Public Utilities Code is amended
to read:

783.  

(a) The commission shall continue to enforce the rules
governing the extension of service by gas and electrical
corporations to new residential, commercial, agricultural, and
industrial customers in effect on January 1, 1982, except that the
commission shall amend the existing rules to permit applicants for
service to install extensions in accordance with subdivision (f).
Except for periodic review provisions of existing rules, and
amendments to permit installations by an applicant’s contractor,
the commission shall not investigate amending these rules or issue
any orders or decisions which amend these rules, unless the
investigation or proceeding for the issuance of the order or decision
is conducted pursuant to subdivision (b).

(b) Whenever the commission institutes an investigation into
the terms and conditions for the extension of services provided by
gas and electrical corporations to new or existing customers, or
considers issuing an order or decision amending those terms or
conditions, the commission shall make written findings on all of
the following issues:

(1) The economic effect of the line and service extension terms
and conditions upon agriculture, residential housing, mobilehome
parks, rural customers, urban customers, employment, and
commercial and industrial building and development.

(2) The effect of requiring new or existing customers applying
for an extension to an electrical or gas corporation to provide
transmission or distribution facilities for other customers who will
apply to receive line and service extensions in the future.

(3) The effect of requiring a new or existing customer applying
for an extension to an electrical or gas corporation to be responsible
for the distribution of, reinforcements of, relocations of, or
additions to that gas or electrical corporation.

(4) The economic effect of the terms and conditions upon
projects, including redevelopment projects, funded or sponsored
by cities, counties, or districts.

(5) The effect of the line and service extension regulations, and
any modifications to them, on existing ratepayers.

(6) The effect of the line and service extension regulations, and
any modifications to them, on the consumption and conservation
of energy.

(7) The extent to which there is cost-justification for a special
line and service extension allowance for agriculture.

(c) The commission shall request the assistance of appropriate
state agencies and departments in conducting any investigation or
proceeding pursuant to subdivision (b), including, but not limited
to, the Transportation Agency, the Department of Food and
Agriculture, the Department of Consumer Affairs, the Bureau of
Real Estate, the Department of Housing and Community
Development, and the Department of Economic and Business
Development.

(d) Any new order or decision issued pursuant to an investigation
or proceeding conducted pursuant to subdivision (b) shall become
effective on July 1 of the year which follows the year when the
new order or decision is adopted by the commission, so as to ensure
that the public has at least six months to consider the new order
or decision.

(e) The commission shall conduct any investigation or
proceeding pursuant to subdivision (b) within the commission’s
existing budget, and any state agency or department which is
requested by the commission to provide assistance pursuant to
subdivision (c) shall also provide the assistance within the agency’s
or department’s existing budget.

(f) An electrical or gas corporation shall permit any new or
existing customer who applies for an extension of service from
that corporation to install a gas or electric extension in accordance
with the regulations of the commission and any applicable
specifications of that electrical or gas corporation.

begin delete SEC. 551. end delete
begin insert SEC. 499. end insert   

Section 883 of the Public Utilities Code is amended
to read:

883.  

(a) The commission shall, on or before February 1, 2001,
issue an order initiating an investigation and opening a proceeding
to examine the current and future definitions of universal service.
That proceeding shall include public hearings that encourage
participation by a broad and diverse range of interests from all
areas of the state, including, but not limited to, all of the following:

(1) Consumer groups.

(2) Communication service providers, including all providers
of high-speed access services.

(3) Facilities-based telephone providers.

(4) Information service providers and Internet access providers.

(5) Rural and urban users.

(6) Public interest groups.

(7) Representatives of small and large businesses and industry.

(8) Local agencies.

(9) State agencies, including, but not limited to, all of the
following:

(A) The Government Operations Agency.

(B) The State Department of Education.

(C) The State Department of Public Health.

(D) The California State Library.

(10) Colleges and universities.

(b) The objectives of the proceeding set forth in subdivision (a)
shall include all of the following:

(1) To investigate the feasibility of redefining universal service
in light of current trends toward accelerated convergence of voice,
video, and data, with an emphasis on the role of basic
telecommunications and Internet services in the workplace, in
education and workforce training, access to health care, and
increased public safety.

(2) To evaluate the extent to which technological changes have
reduced the relevance of existing regulatory regimes given their
current segmentation based upon technology.

(3) To receive broad-based input from a cross section of
interested parties and make recommendations on whether video,
data, and Internet service providers should be incorporated into
an enhanced Universal Lifeline Service program, as specified,
including relevant policy recommendations regarding regulatory
and statutory changes and funding options that are consistent with
the principles set forth in subdivision (c) of Section 871.7.

(4) To reevaluate prior definitions of basic service in a manner
that will, to the extent feasible, effectively incorporate the latest
technologies to provide all California residents with all of the
following:

(A) Improved quality of life.

(B) Expanded access to public and private resources for
education, training, and commerce.

(C) Increased access to public resources enhancing public health
and safety.

(D) Assistance in bridging the “digital divide” through expanded
access to new technologies by low income, disabled, or otherwise
disadvantaged Californians.

(5) To assess projected costs of providing enhanced universal
lifeline service in accordance with the intent of this article, and to
delineate the subsidy support needed to maintain the redefined
scope of universal service in a competitive market.

(6) To design and recommend an equitable and broad-based
subsidy support mechanism for universal service in competitive
markets in a manner that conforms with subdivision (c) of Section
871.7.

(7) To develop a process to periodically review and revise the
definition of universal service to reflect new technologies and
markets consistent with subdivision (c) of Section 871.7.

(8) To consider whether similar regulatory treatment for the
provision of similar services is appropriate and feasible.

(c) In conducting its investigation, the commission shall take
into account the role played by a number of diverse but convergent
industries and providers, even though many of these entities are
not subject to economic regulation by the commission or any other
government entity.

(d) The recommendations of the commission shall be consistent
with state policies for telecommunications as set forth in Section
709, and with all of the following principles:

(1) Universal service shall, to the extent feasible, be provided
at affordable prices regardless of linguistic, cultural, ethnic,
physical, financial, and geographic considerations.

(2) Consumers shall be provided access to all information
needed to allow timely and informed choices about
telecommunications products and services that are part of the
universal service program and how best to use them.

(3) Education, health care, community, and government
institutions shall be positioned as early recipients of new and
emerging technologies so as to maximize the economic and social
benefits of these services.

(e) The commission shall complete its investigation and report
to the Legislature its findings and recommendations on or before
January 1, 2002.

begin delete SEC. 552. end delete
begin insert SEC. 500. end insert   

Section 2774.5 of the Public Utilities Code is
amended to read:

2774.5.  

An electrical corporation or local publicly owned
electric utility shall immediately notify the Commissioner of the
California Highway Patrol, the Office of Emergency Services, and
the sheriff and any affected chief of police of the specific area
within their respective law enforcement jurisdictions that will
sustain a planned loss of power as soon as the planned loss becomes
known as to when and where that power loss will occur. The
notification shall include common geographical boundaries, grid
or block numbers of the affected area, and the next anticipated
power loss area designated by the electrical corporation or public
entity during rotating blackouts.

begin delete

SEC. 553.  

Section 2872.5 of the Public Utilities Code, as
amended by Section 64 of Chapter 404 of the Statutes of 2010, is
amended to read:

2872.5.  

(a) The commission, in consultation with the Office
of Emergency Services and the Department of Technology, shall
open an investigative proceeding to determine whether standardized
notification systems and protocol should be utilized by entities
that are authorized to use automatic dialing-announcing devices
pursuant to subdivision (e) of Section 2872, to facilitate notification
of affected members of the public of local emergencies. The
commission shall not establish standards for notification systems
or standard notification protocol unless it determines that the
benefits of the standards exceed the costs.

(b) Before January 1, 2008, the commission shall prepare and
submit to the Legislature a report on the results of the proceeding,
including recommendations for funding notification systems and
any statutory modifications needed to facilitate notification of
affected members of the public of local emergencies.

SEC. 554.  

Section 2892 of the Public Utilities Code is amended
to read:

2892.  

(a) A provider of commercial mobile radio service, as
defined in Section 216.8, shall provide access for end users of that
service to the local emergency telephone systems described in the
Warren-911-Emergency Assistance Act (Article 6 (commencing
with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title
5 of the Government Code). “911” shall be the primary access
number for those emergency systems. A provider of commercial
mobile radio service, in accordance with all applicable Federal
Communication Commission orders, shall transmit all “911” calls
from technologically compatible commercial mobile radio service
communication devices without requiring user validation or any
similar procedure. A provider of commercial mobile radio service
may not charge any airtime, access, or similar usage charge for
any “911” call placed from a commercial mobile radio service
telecommunications device to a local emergency telephone system.

(b) A “911” call from a commercial mobile radio service
telecommunications device may be routed to a public safety
answering point other than the Department of the California
Highway Patrol only if the alternate routing meets all of the
following requirements:

(1) The “911” call originates from a location other than from a
freeway, as defined in Section 23.5 of the Streets and Highways
Code, under the jurisdiction of the Department of the California
Highway Patrol.

(2) The alternate routing is economically and technologically
feasible.

(3) The alternate routing will benefit public safety and reduce
burdens on dispatchers for the Department of the California
Highway Patrol.

(4) The Department of the California Highway Patrol, the
Department of Technology, and the proposed alternate public
safety answering point, in consultation with the wireless industry,
providers of “911” selective routing service, and local law
enforcement officials, determine that it is in the best interest of the
public and will provide more effective emergency service to the
public to route “911” calls that do not originate from a freeway,
as defined in Section 23.5 of the Streets and Highways Code, under
the jurisdiction of the Department of the California Highway Patrol
to another public safety answering point.

SEC. 555.  

Section 2892.1 of the Public Utilities Code is
amended to read:

2892.1.  

(a) For purposes of this section, “telecommunications
service” means voice communication provided by a telephone
corporation as defined in Section 234, voice communication
provided by a provider of satellite telephone services, voice
communication provided by a provider of mobile telephony service,
as defined in Section 2890.2, and voice communication provided
by a commercially available facilities-based provider of voice
communication services utilizing voice over Internet Protocol or
any successor protocol.

(b) The commission, in consultation with the Office of
Emergency Services and the Department of Technology, shall
open an investigative or other appropriate proceeding to identify
the need for telecommunications service systems not on the
customer’s premises to have backup electricity to enable
telecommunications networks to function and to enable the
customer to contact a public safety answering point operator during
an electrical outage, to determine performance criteria for backup
systems, and to determine whether the best practices recommended
by the Network Reliability and Interoperability Council in
December 2005, for backup systems have been implemented by
telecommunications service providers operating in California. If
the commission determines it is in the public interest, the
commission shall, consistent with subdivisions (c) and (d), develop
and implement performance reliability standards.

(c) The commission, in developing any standards pursuant to
the proceeding required by subdivision (b), shall consider current
best practices and technical feasibility for establishing battery
backup requirements.

(d) The commission shall not implement standards pursuant to
the proceeding required by subdivision (b) unless it determines
that the benefits of the standards exceed the costs.

(e) The commission shall determine the feasibility of the use of
zero greenhouse gas emission fuel cell systems to replace diesel
backup power systems.

(f) Before January 1, 2008, the commission shall prepare and
submit to the Legislature a report on the results of the proceeding.

end delete

begin delete SEC. 556. end delete
begin insert SEC. 501. end insert   

Section 7551.1 of the Public Utilities Code is
amended to read:

7551.1.  

The Secretary of Transportation may grant to every
railroad corporation whose primary business is the transportation
of passengers the rights-of-way for the location, construction, and
maintenance of its necessary works and for every necessary adjunct
thereto over any portion of highway owned by the State of
California which is not otherwise disposed of or in use, not in any
case exceeding in length or width that which is necessary for the
construction of works and adjuncts, or for the protection thereof,
and in no case to exceed 200 feet in width.

begin delete SEC. 557. end delete
begin insert SEC. 502. end insert   

Section 7551.3 of the Public Utilities Code is
amended to read:

7551.3.  

(a) To ensure that a fair and reasonable price is paid
for public acquisition of railroad rights-of-way, it is the intent of
the Legislature to have railroad rights-of-way valuation procedures
and guidelines developed and adopted for use when state and
federal funds are expended.

(b) The Secretary of Transportation in collaboration with other
public agencies and within existing resources, shall develop
recommended procedures and guidelines for valuation of railroad
rights-of-way.

(c) The recommended procedures and guidelines shall be
transmitted to the Legislature and Governor on or before March
1, 1994.

begin delete SEC. 558. end delete
begin insert SEC. 503. end insert   

Section 7661 of the Public Utilities Code is amended
to read:

7661.  

(a) The commission shall require every railroad
corporation operating in this state to develop, within 90 days of
the effective date of the act adding this section, in consultation
with, and with the approval of, the Office of Emergency Services,
a protocol for rapid communications with the Office of Emergency
Services, the Department of the California Highway Patrol, and
designated county public safety agencies in an endangered area if
there is a runaway train or any other uncontrolled train movement
that threatens public health and safety.

(b) A railroad corporation shall promptly notify the Office of
Emergency Services, the Department of the California Highway
Patrol, and designated county public safety agencies, through a
communication to the Warning Center of the Office of Emergency
Services, if there is a runaway train or any other uncontrolled train
movement that threatens public health and safety, in accordance
with the railroad corporation’s communications protocol developed
pursuant to subdivision (a).

(c) The notification required pursuant to subdivision (b) shall
include the following information, whether or not an accident or
spill occurs:

(1) The information required by subdivision (c) of Section 7673.

(2) In the event of a runaway train, a train list.

(3) In the event of an uncontrolled train movement or
uncontrolled movement of railcars, a track list or other inventory
document if available.

(d) The consumer protection and safety division shall investigate
any incident that results in a notification required pursuant to
subdivision (b), and shall report its findings concerning the cause
or causes to the commission. The commission shall include the
division’s report in its report to the Legislature pursuant to Section
7711.

begin delete SEC. 559. end delete
begin insert SEC. 504. end insert   

Section 7662 of the Public Utilities Code is amended
to read:

7662.  

(a) (1) A railroad corporation shall place appropriate
signage to notify an engineer of an approaching grade crossing,
consistent with federal law.

(2) Whistle post signs shall be deemed to satisfy this
requirement.

(b) (1) Whenever a railroad issues written or verbal instructions
to employees that may restrict or stop train movements because
of track conditions, structures, persons, or equipment working,
appropriate flags that are readily visible and easily recognizable
to the crews on both passenger and freight trains shall be displayed
as quickly as practicable. Yellow flags shall be used for temporary
speed restrictions, consistent with paragraphs (2) and (3).
Yellow-red flags shall be used, consistent with paragraphs (4) and
(5), when a train may be required to stop.

(2) Yellow flags shall be used to warn trains to restrict
movement because of track conditions or structures. Except as
provided in paragraph (3), a yellow flag shall be displayed two
miles before the restricted area in order to ensure that train
movement is restricted at the proper location.

(3) When the restricted area is close to a terminal, junction, or
another area, the yellow flag may be displayed less than two miles
before the restricted area. This information shall be included in
the written instructions to employees issued pursuant to paragraph
(1).

(4) Yellow-red flags shall be used to warn trains to be prepared
to stop because of persons or equipment working. A yellow-red
flag shall be displayed two miles before the restricted area in order
to ensure that the train is prepared to stop at the proper location.

(5) When the restricted area is close to a terminal, junction, or
other area, the yellow-red flag may be displayed less than two
miles before the restricted area. This information shall be included
in the written instructions to employees issued pursuant to
paragraph (1).

(6) Flags shall be displayed only on the track affected and shall
be displayed to the right side of the track as viewed from the
approaching train. The flags shall be displayed to protect all
possible access to the restricted area.

(c) A railroad corporation shall provide milepost markers to
train crews at accurate one-mile intervals. The markers shall be
readily visible to the locomotive engineer within the locomotive
cab, and shall be kept in good repair and replaced when necessary.

(d) A railroad corporation shall place whistle signs to the right
of the main track in the direction of approach, exactly one-quarter
mile from the entrance to any grade crossing as a point of reference
for locomotive engineers who blow the whistle and ring the bell
for these grade crossings as a warning to the public. The signs,
which shall consist of an “X” or “W” or other identifiable mark
or symbol on a square plate mounted on a post, shall be readily
visible to a locomotive engineer within the locomotive cab, shall
be kept in good repair, and shall be replaced when necessary.

(e) A railroad corporation shall place permanent speed signs to
the right of the track in the direction of approach, two miles in
advance of the point where the speed is either increased or
decreased for both passenger and freight trains. The signs shall be
readily visible to a locomotive engineer within the locomotive cab,
shall be kept in good repair, and shall be replaced when necessary.

(f) A railroad corporation shall notify the commission and the
collective bargaining representative of any affected employee of
any new utilization of remote control locomotives in the state, on
or after January 1, 2007.

(g) A railroad corporation shall provide immediate notification
to the Office of Emergency Services of accidents, incidents, and
other events, concurrent with those provided to the Federal Railroad
Administration’s National Response Center, as required by Part
225.9 of Title 49 of the Code of Federal Regulations.

begin delete SEC. 560. end delete
begin insert SEC. 505. end insert   

Section 7663 of the Public Utilities Code is amended
to read:

7663.  

Whenever the Department of the California Highway
Patrol or a designated local public safety agency responds to a
railroad accident, the accident shall be reported to the Office of
Emergency Services.

begin delete SEC. 561. end delete
begin insert SEC. 506. end insert   

Section 7665.1 of the Public Utilities Code is
amended to read:

7665.1.  

Unless the context requires otherwise, for purposes of
this article:

(a) “Agency” or “office” means the Office of Emergency
Services.

(b) “Secretary” or “director” means the Director of Emergency
Services.

begin delete SEC. 562. end delete
begin insert SEC. 507. end insert   

Section 7665.2 of the Public Utilities Code is
amended to read:

7665.2.  

By July 1, 2007, every operator of rail facilities shall
provide a risk assessment to the commission and the office for
each rail facility in the state that is under its ownership, operation,
or control. The risk assessment shall, for each rail facility, describe
all of the following:

(a) The location and functions of the rail facility.

(b) All types of cargo that are moved through, or stored at, the
rail facility.

(c) Any hazardous cargo that is moved through, or stored at,
the rail facility.

(d) The frequency that any hazardous cargo is moved through,
or stored at, the rail facility.

(e) A description of the practices of the rail operator to prevent
acts of sabotage, terrorism, or other crimes on the rail facility.

(f) All training programs that the rail operator requires for its
employees at the rail facility.

(g) The emergency response procedures of the rail operator to
deal with acts of sabotage, terrorism, or other crimes at the rail
facility.

(h) The procedures of the rail operator to communicate with
local and state law enforcement personnel, emergency personnel,
transportation officials, and other first responders, in the event of
acts of sabotage, terrorism, or other crimes at the rail facility.

begin delete SEC. 563. end delete
begin insert SEC. 508. end insert   

Section 7665.3 of the Public Utilities Code is
amended to read:

7665.3.  

The office may provide the risk assessment provided
pursuant to Section 7665.2 to other law enforcement or emergency
personnel.

begin delete SEC. 564. end delete
begin insert SEC. 509. end insert   

Section 7665.4 of the Public Utilities Code is
amended to read:

7665.4.  

(a) By January 1, 2008, every rail operator shall
develop and implement an infrastructure protection program to
protect rail infrastructure in the state from acts of sabotage,
terrorism, or other crimes.

(b) (1) The infrastructure protection program shall address the
security of all critical infrastructure.

(2) The infrastructure protection program shall provide training
to all employees of the rail operator performing work at a rail
facility on how to recognize, prevent, and respond to acts of
sabotage, terrorism, or other crimes.

(c) (1) All employees of a contractor or subcontractor of a rail
operator, and any other person performing work at a rail facility
that is not the employee of the rail operator, shall receive training
equivalent to that received by employees of the rail operator
pursuant to paragraph (2) of subdivision (b), within a reasonable
period of time. The commission, in consultation with the director,
may adopt reasonable rules or orders to implement this
requirement.

(2) All employees of a contractor or subcontractor of a rail
operator, and any other person performing work at a rail facility
that is not the employee of the rail operator, shall undergo an
equivalent evaluation of their background, skills, and fitness as
the rail operator implements for its employees pursuant to its
infrastructure protection plan. The commission, in consultation
with the director, may adopt reasonable rules or orders to
implement this requirement.

(d) Each rail operator in the state shall provide to the
commission and the director a copy of its infrastructure protection
program. Notwithstanding Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code, the
commission and the director shall keep this information
confidential.

(e) The infrastructure protection program shall be updated by
the rail operator at least once every year, and the updated plan
shall be submitted to the commission and the director.

(f) The commission, in consultation with the office, shall review
the infrastructure protection program submitted by a rail operator,
may conduct inspections to facilitate the review, and may order a
rail operator to improve, modify, or change its program to comply
with the requirements of this article.

(g) The commission may fine a rail operator for failure to
comply with the requirements of this section or an order of the
commission pursuant to this section.

begin delete SEC. 565. end delete
begin insert SEC. 510. end insert   

Section 7673 of the Public Utilities Code is amended
to read:

7673.  

Each railroad corporation which transports hazardous
materials in the state shall do all of the following:

(a) Provide a system map of the state to the Office of Emergency
Services and to the Public Utilities Commission, showing practical
groupings of mileposts on the system and showing mileposts of
stations, terminals, junction points, road crossings, and the locations
of natural gas and liquid pipelines in railroad rights-of-way.

(b) Annually submit to the Office of Emergency Services a copy
of a publication which identifies emergency handling guidelines
for the surface transportation of hazardous materials, except that
if the railroad corporation is classified as a class I carrier by the
Interstate Commerce Commission pursuant to Subpart A of Part
1201 of Subchapter C of Chapter X of the Code of Federal
Regulations, the railroad corporation shall annually submit to the
Office of Emergency Services 50 copies of this publication which
the agency shall make available to the Public Utilities Commission
and local administering agencies and to other response agencies.
These guidelines shall not be considered comprehensive
instructions for the handling of any specific incident.

(c) If there is a train incident resulting in a release or an
overturned railcar or an impact which threatens a release of a
hazardous material, provide the emergency response agency with
all of the following information:

(1) A list of each car in the train and the order of the cars.

(2) The contents of each car, if loaded, in the train.

(3) Identification of the cars and contents in the train which are
involved in the incident, including, but not limited to, those cars
which have derailed.

(4) Emergency handling procedures for each hazardous material
transported in or on the involved cars of the train.

begin delete SEC. 566. end delete
begin insert SEC. 511. end insert   

Section 7718 of the Public Utilities Code is amended
to read:

7718.  

(a) The Railroad Accident Prevention and Immediate
Deployment Force is hereby created in the California
Environmental Protection Agency. The force shall be responsible
for providing immediate onsite response capability in the event of
large-scale releases of toxic materials resulting from surface
transportation accidents and for implementing the state hazardous
materials incident prevention and immediate deployment plan.
This force shall act cooperatively and in concert with existing local
emergency response units. The force shall consist of representatives
of all of the following:

(1) Department of Fish and Game.

(2) California Environmental Protection Agency.

(3) State Air Resources Board.

(4) California Integrated Waste Management Board.

(5) California regional water quality control boards.

(6) Department of Toxic Substances Control.

(7) Department of Pesticide Regulation.

(8) Office of Environmental Health Hazard Assessment.

(9) State Department of Public Health.

(10) Department of the California Highway Patrol.

(11) Department of Food and Agriculture.

(12) Department of Forestry and Fire Protection.

(13) Department of Parks and Recreation.

(14) Public Utilities Commission.

(15) Any other potentially affected state, local, or federal agency.

(16) Office of Emergency begin delete Management end delete Services.

(b) The California Environmental Protection Agency shall
develop a state railroad accident prevention and immediate
deployment plan in cooperation with the State Fire Marshal,
affected businesses, and all of the entities listed in paragraphs (1)
to (17), inclusive, of subdivision (a).

(c) The plan specified in subdivision (b) shall be a
comprehensive set of policies and directions that every potentially
affected state agency and business shall follow if there is a railroad
accident to minimize the potential damage to the public health and
safety, property, and the environment that might result from
accidents involving railroad activities in the state.

begin delete SEC. 567. end delete
begin insert SEC. 512. end insert   

Section 99212 of the Public Utilities Code is
amended to read:

99212.  

“Secretary” means the Secretary of Transportation.

begin delete SEC. 568. end delete
begin insert SEC. 513. end insert   

Section 99243 of the Public Utilities Code is
amended to read:

99243.  

(a) The Controller, in cooperation with the department
and the operators, shall design and adopt a uniform system of
accounts and records, from which the operators shall prepare and
submit annual reports of their operation to the transportation
planning agencies having jurisdiction over them and to the
Controller within 90 days of the end of the fiscal year. If the report
is filed in electronic format as prescribed by the Controller, the
report shall be furnished within 110 days after the close of each
fiscal year. The report shall specify (1) the amount of revenue
generated from each source and its application for the prior fiscal
year and (2) the data necessary to determine which section, with
respect to Sections 99268.1, 99268.2, 99268.3, 99268.4, 99268.5,
and 99268.9, the operator is required to be in compliance in order
to be eligible for funds under this article.

(b) As a supplement to the annual report prepared pursuant to
subdivision (a), each operator shall include an estimate of the
amount of revenues to be generated from each source and its
proposed application for the next fiscal year, and a report on the
extent to which it has contracted with the Prison Industry Authority,
including the nature and dollar amounts of all contracts entered
into during the reporting period and proposed for the next reporting
period.

(c) The Controller shall instruct the county auditor to withhold
payments from the fund to an operator that has not submitted its
annual report to the Controller within the time specified by
subdivision (a).

(d) In establishing the uniform system of accounts and records,
the Controller shall include the data required by the United States
Department of Transportation and the department.

(e) Notwithstanding any other law or any regulation, including
any California Code of Regulations provision, the City of El
Segundo, the City of Huntington Beach, the City of Inglewood,
the City of Long Beach, or the City of South Lake Tahoe may
select, for purposes of this chapter, on a one-time basis, a fiscal
year that does not end on June 30. After the city has sent a written
notice to the Secretary of Transportation and the Controller that
the city has selected a fiscal year other than one ending on June
30, the fiscal year selected by the city shall be its fiscal year for
all reports required by the state under this chapter.

begin delete SEC. 569. end delete
begin insert SEC. 514. end insert   

Section 131242 of the Public Utilities Code is
amended to read:

131242.  

The Secretary of Transportation shall convene the
initial meeting of the county transportation authority at the county
seat, within 90 days after the authority is created.

begin delete SEC. 570. end delete
begin insert SEC. 515. end insert   

Section 161003 of the Public Utilities Code is
amended to read:

161003.  

As used in this division, “secretary” means the
Secretary of Transportation.

begin delete SEC. 571. end delete
begin insert SEC. 516. end insert   

Section 185020 of the Public Utilities Code is
amended to read:

185020.  

(a) There is in the Transportation Agency a
High-Speed Rail Authority.

(b) (1) The authority is composed of nine members as follows:

(A) Five members appointed by the Governor.

(B) Two members appointed by the Senate Committee on Rules.

(C) Two members appointed by the Speaker of the Assembly.

(2) For the purposes of making appointments to the authority,
the Governor, the Senate Committee on Rules, and the Speaker of
the Assembly shall take into consideration geographical diversity
to ensure that all regions of the state are adequately represented.

(c) Except as provided in subdivision (d), and until their
successors are appointed, members of the authority shall hold
office for terms of four years. A vacancy shall be filled by the
appointing power making the original appointment, by appointing
a member to serve the remainder of the term.

(d) (1) On and after January 1, 2001, the terms of all persons
who are then members of the authority shall expire, but those
members may continue to serve until they are reappointed or until
their successors are appointed. In order to provide for evenly
staggered terms, persons appointed or reappointed to the authority
after January 1, 2001, shall be appointed to initial terms to expire
as follows:

(A) Of the five persons appointed by the Governor, one shall
be appointed to a term which expires on December 31, 2002, one
shall be appointed to a term which expires on December 31, 2003,
one shall be appointed to a term which expires on December 31,
2004, and two shall be appointed to terms which expires on
December 31, 2005.

(B) Of the two persons appointed by the Senate Committee on
Rules, one shall be appointed to a term which expires on December
31, 2002, and one shall be appointed to a term which expires on
December 31, 2004.

(C) Of the two persons appointed by the Speaker of the
Assembly, one shall be appointed to a term which expires on
December 31, 2003, and one shall be appointed to a term which
expires on December 31, 2005.

(2) Following expiration of each of the initial terms provided
for in this subdivision, the term shall expire every four years
thereafter on December 31.

(e) Members of the authority are subject to the Political Reform
Act of 1974 (Title 9 (commencing with Section 81000)).

(f) From among its members, the authority shall elect a
chairperson, who shall preside at all meetings of the authority, and
a vice chairperson to preside in the absence of the chairperson.
The chairperson shall serve a term of one year.

(g) Five members of the authority constitute a quorum for taking
any action by the authority.

begin delete SEC. 572. end delete
begin insert SEC. 517. end insert   

Section 185035 of the Public Utilities Code is
amended to read:

185035.  

(a) The authority shall establish an independent peer
review group for the purpose of reviewing the planning,
engineering, financing, and other elements of the authority’s plans
and issuing an analysis of appropriateness and accuracy of the
authority’s assumptions and an analysis of the viability of the
authority’s financing plan, including the funding plan for each
corridor required pursuant to subdivision (b) of Section 2704.08
of the Streets and Highways Code.

(b) The peer review group shall include all of the following:

(1) Two individuals with experience in the construction or
operation of high-speed trains in Europe, Asia, or both, designated
by the Treasurer.

(2) Two individuals, one with experience in engineering and
construction of high-speed trains and one with experience in project
finance, designated by the Controller.

(3) One representative from a financial services or financial
consulting firm who shall not have been a contractor or
subcontractor of the authority for the previous three years,
designated by the Director of Finance.

(4) One representative with experience in environmental
planning, designated by the Secretary of Transportation.

(5) Two expert representatives from agencies providing intercity
or commuter passenger train services in California, designated by
the Secretary of Transportation.

(c) The peer review group shall evaluate the authority’s funding
plans and prepare its independent judgment as to the feasibility
and reasonableness of the plans, appropriateness of assumptions,
analyses, and estimates, and any other observations or evaluations
it deems necessary.

(d) The authority shall provide the peer review group any and
all information that the peer review group may request to carry
out its responsibilities.

(e) The peer review group shall report its findings and
conclusions to the Legislature no later than 60 days after receiving
the plans.

begin delete SEC. 573. end delete
begin insert SEC. 518. end insert   

Section 97.2 of the Revenue and Taxation Code is
amended to read:

97.2.  

Notwithstanding any other provision of this chapter, the
computations and allocations made by each county pursuant to
Section 96.1 or its predecessor section shall be modified for the
1992-93 fiscal year pursuant to subdivisions (a) to (d), inclusive,
and for the 1997-98 and 1998-99 fiscal years pursuant to
subdivision (e), as follows:

(a) (1) Except as provided in paragraph (2), the amount of
property tax revenue deemed allocated in the prior fiscal year to
each county shall be reduced by the dollar amounts indicated as
follows, multiplied by 0.953649:

 

	Property Tax Reduction per County
Alameda	$ 27,323,576
Alpine	5,169
Amador	286,131
Butte	846,452
Calaveras	507,526
Colusa	186,438
Contra Costa	12,504,318
Del Norte	46,523
El Dorado	1,544,590
Fresno	5,387,570
Glenn	378,055
Humboldt	1,084,968
Imperial	998,222
Inyo	366,402
Kern	6,907,282
Kings	1,303,774
Lake	998,222
Lassen	93,045
Los Angeles	244,178,806
Madera	809,194
Marin	3,902,258
Mariposa	40,136
Mendocino	1,004,112
Merced	2,445,709
Modoc	134,650
Mono	319,793
Monterey	2,519,507
Napa	1,362,036
Nevada	762,585
Orange	9,900,654
Placer	1,991,265
Plumas	71,076
Riverside	7,575,353
Sacramento	15,323,634
San Benito	198,090
San Bernardino	14,467,099
San Diego	17,687,776
San Francisco	53,266,991
San Joaquin	8,574,869
San Luis Obispo	2,547,990
San Mateo	7,979,302
Santa Barbara	4,411,812
Santa Clara	20,103,706
Santa Cruz	1,416,413
Shasta	1,096,468
Sierra	97,103
Siskiyou	467,390
Solano	5,378,048
Sonoma	5,455,911
Stanislaus	2,242,129
Sutter	831,204
Tehama	450,559
Trinity	50,399
Tulare	4,228,525
Tuolumne	740,574
Ventura	9,412,547
Yolo	1,860,499
Yuba	842,857

 

(2) Notwithstanding paragraph (1), the amount of the reduction
specified in that paragraph for any county or city and county that
has been materially and substantially impacted as a result of a
federally declared disaster, as evidenced by at least 20 percent of
the cities, or cities and unincorporated areas of the county
representing 20 percent of the population within the county
suffering substantial damage, as certified by the Director of
Emergency Services, occurring between October 1, 1989, and the
effective date of this section, shall be reduced by that portion of
five million dollars ($5,000,000) determined for that county or
city and county pursuant to subparagraph (B) of paragraph (3).

(3) On or before October 1, 1992, the Director of Finance shall
do all of the following:

(A) Determine the population of each county and city and county
in which a federally declared disaster has occurred between October
1, 1989, and the effective date of this section.

(B) Determine for each county and city and county as described
in subparagraph (A) its share of five million dollars ($5,000,000)
on the basis of that county’s population relative to the total
population of all counties described in subparagraph (A).

(C) Notify each auditor of each county and city and county of
the amounts determined pursuant to subparagraph (B).

(b) (1) Except as provided in paragraph (2), the amount of
property tax revenue deemed allocated in the prior fiscal year to
each city, except for a newly incorporated city that did not receive
property tax revenues in the 1991-92 fiscal year, shall be reduced
by 9 percent. In making the above computation with respect to
cities in Alameda County, the computation for a city described in
paragraph (6) of subdivision (a) of Section 100.7, as added by
Section 73.5 of Chapter 323 of the Statutes of 1983, shall be
adjusted so that the amount multiplied by 9 percent is reduced by
the amount determined for that city for “museums” pursuant to
paragraph (2) of subdivision (h) of Section 95.

(2) Notwithstanding paragraph (1), the amount of the reduction
determined pursuant to that paragraph for any city that has been
materially and substantially impacted as a result of a federally
declared disaster, as certified by the Director of Emergency
Services, occurring between October 1, 1989, and the effective
date of this section, shall be reduced by that portion of fifteen
million dollars ($15,000,000) determined for that city pursuant to
subparagraph (B) of paragraph (3).

(3) On or before October 1, 1992, the Director of Finance shall
do all of the following:

(A) Determine the population of each city in which a federally
declared disaster has occurred between October 1, 1989, and the
effective date of this section.

(B) Determine for each city as described in subparagraph (A)
its share of fifteen million dollars ($15,000,000) on the basis of
that city’s population relative to the total population of all cities
described in subparagraph (A).

(C) Notify each auditor of each county and city and county of
the amounts determined pursuant to subparagraph (B).

(4) In the 1992-93 fiscal year and each fiscal year thereafter,
the auditor shall adjust the computations required pursuant to
Article 4 (commencing with Section 98) so that those computations
do not result in the restoration of any reduction required pursuant
to this section.

(c) (1) Subject to paragraph (2), the amount of property tax
revenue, other than those revenues that are pledged to debt service,
deemed allocated in the prior fiscal year to a special district, other
than a multicounty district, a local hospital district, or a district
governed by a city council or whose governing board has the same
membership as a city council, shall be reduced by 35 percent. For
purposes of this subdivision, “revenues that are pledged to debt
service” include only those amounts required to pay debt service
costs in the 1991-92 fiscal year on debt instruments issued by a
special district for the acquisition of capital assets.

(2) No reduction pursuant to paragraph (1) for any special
district, other than a countywide water agency that does not sell
water at retail, shall exceed an amount equal to 10 percent of that
district’s total annual revenues, from whatever source, as shown
in the 1989-90 edition of the State Controller’s Report on Financial
Transactions Concerning Special Districts (not including any
annual revenues from fiscal years following the 1989-90 fiscal
year). With respect to any special district, as defined pursuant to
subdivision (m) of Section 95, that is allocated property tax revenue
pursuant to this chapter but does not appear in the State Controller’s
Report on Financial Transactions Concerning Special Districts,
the auditor shall determine the total annual revenues for that special
district from the information in the 1989-90 edition of the State
Controller’s Report on Financial Transactions Concerning
Counties. With respect to a special district that did not exist in the
1989-90 fiscal year, the auditor may use information from the first
full fiscal year, as appropriate, to determine the total annual
revenues for that special district. No reduction pursuant to
paragraph (1) for any countywide water agency that does not sell
water at retail shall exceed an amount equal to 10 percent of that
portion of that agency’s general fund derived from property tax
revenues.

(3) The auditor in each county shall, on or before January 15,
1993, and on or before January 30 of each year thereafter, submit
information to the Controller concerning the amount of the property
tax revenue reduction to each special district within that county
as a result of paragraphs (1) and (2). The Controller shall certify
that the calculation of the property tax revenue reduction to each
special district within that county is accurate and correct, and
submit this information to the Director of Finance.

(A) The Director of Finance shall determine whether the total
of the amounts of the property tax revenue reductions to special
districts, as certified by the Controller, is equal to the amount that
would be required to be allocated to school districts and community
college districts as a result of a three hundred seventy-five million
dollar ($375,000,000) shift of property tax revenues from special
districts for the 1992-93 fiscal year. If, for any year, the total of
the amount of the property tax revenue reductions to special
districts is less than the amount as described in the preceding
sentence, the amount of property tax revenue, other than those
revenues that are pledged to debt service, deemed allocated in the
prior fiscal year to a special district, other than a multicounty
district, a local hospital district, or a district governed by a city
council or whose governing board has the same membership as a
city council, shall, subject to subparagraph (B), be reduced by an
amount up to 5 percent of the amount subject to reduction for that
district pursuant to paragraphs (1) and (2).

(B) No reduction pursuant to subparagraph (A), in conjunction
with a reduction pursuant to paragraphs (1) and (2), for any special
district, other than a countywide water agency that does not sell
water at retail, shall exceed an amount equal to 10 percent of that
district’s total annual revenues, from whatever source, as shown
in the most recent State Controller’s Report on Financial
Transactions Concerning Special Districts. No reduction pursuant
to subparagraph (A), in conjunction with a reduction pursuant to
paragraphs (1) and (2), for any countywide water agency that does
not sell water at retail shall exceed an amount equal to 10 percent
of that portion of that agency’s general fund derived from property
tax revenues.

(C) In no event shall the amount of the property tax revenue
loss to a special district derived pursuant to subparagraphs (A) and
(B) exceed 40 percent of that district’s property tax revenues or
10 percent of that district’s total revenues, from whatever source.

(4) For the purpose of determining the total annual revenues of
a special district that provides fire protection or fire suppression
services, all of the following shall be excluded from the
determination of total annual revenues:

(A) If the district had less than two million dollars ($2,000,000)
in total annual revenues in the 1991-92 fiscal year, the revenue
generated by a fire suppression assessment levied pursuant to
Article 3.6 (commencing with Section 50078) of Chapter 1 of Part
1 of Division 1 of Title 5 of the Government Code.

(B) The total amount of all funds, regardless of the source, that
are appropriated to a district, including a fire department, by a
board of supervisors pursuant to Section 25642 of the Government
Code or Chapter 7 (commencing with Section 13890) of Part 2.7
of Division 12 of the Health and Safety Code for fire protection.
The amendment of this subparagraph by Chapter 290 of the Statutes
of 1997 shall not be construed to affect any exclusion from the
total annual revenues of a special district that was authorized by
this subparagraph as it read prior to that amendment.

(C) The revenue received by a district as a result of contracts
entered into pursuant to Section 4133 of the Public Resources
Code.

(5) For the purpose of determining the total annual revenues of
a resource conservation district, all of the following shall be
excluded from the determination of total annual revenues:

(A) Any revenues received by that district from the state for
financing the acquisition of land, or the construction or
improvement of state projects, and for which that district serves
as the fiscal agent in administering those state funds pursuant to
an agreement entered into between that district and a state agency.

(B) Any amount received by that district as a private gift or
donation.

(C) Any amount received as a county grant or contract as
supplemental to, or independent of, that district’s property tax
share.

(D) Any amount received by that district as a federal or state
grant.

(d) (1) The amount of property tax revenues not allocated to
the county, cities within the county, and special districts as a result
of the reductions calculated pursuant to subdivisions (a), (b), and
(c) shall instead be deposited in the Educational Revenue
Augmentation Fund to be established in each county. The amount
of revenue in the Educational Revenue Augmentation Fund,
derived from whatever source, shall be allocated pursuant to
paragraphs (2) and (3) to school districts and county offices of
education, in total, and to community college districts, in total, in
the same proportion that property tax revenues were distributed
to school districts and county offices of education, in total, and
community college districts, in total, during the 1991-92 fiscal
year.

(2) The auditor shall, based on information provided by the
county superintendent of schools pursuant to this paragraph,
allocate the proportion of the Educational Revenue Augmentation
Fund to those school districts and county offices of education
within the county that are not excess tax school entities, as defined
in subdivision (n) of Section 95. The county superintendent of
schools shall determine the amount to be allocated to each school
district and county office of education in inverse proportion to the
amounts of property tax revenue per average daily attendance in
each school district and county office of education. In no event
shall any additional money be allocated from the fund to a school
district or county office of education upon that school district or
county office of education becoming an excess tax school entity.

(3) The auditor shall, based on information provided by the
Chancellor of the California Community Colleges pursuant to this
paragraph, allocate the proportion of the Educational Revenue
Augmentation Fund to those community college districts within
the county that are not excess tax school entities, as defined in
subdivision (n) of Section 95. The chancellor shall determine the
amount to be allocated to each community college district in
inverse proportion to the amounts of property tax revenue per
funded full-time equivalent student in each community college
district. In no event shall any additional money be allocated from
the fund to a community college district upon that district becoming
an excess tax school entity.

(4) (A) If, after making the allocation required pursuant to
paragraph (2), the auditor determines that there are still additional
funds to be allocated, the auditor shall allocate those excess funds
pursuant to paragraph (3). If, after making the allocation pursuant
to paragraph (3), the auditor determines that there are still
additional funds to be allocated, the auditor shall allocate those
excess funds pursuant to paragraph (2).

(B) (i) (I) For the 1995-96 fiscal year and each fiscal year
thereafter, if, after making the allocations pursuant to paragraphs
(2) and (3) and subparagraph (A), the auditor determines that there
are still additional funds to be allocated, the auditor shall, subject
to clauses (ii) and (iii), allocate those excess funds to the county
superintendent of schools. Funds allocated pursuant to this
subclause shall be counted as property tax revenues for special
education programs in augmentation of the amount calculated
pursuant to Section 2572 of the Education Code, to the extent that
those property tax revenues offset state aid for county offices of
education and school districts within the county pursuant to
subdivision (c) of Section 56836.08 of the Education Code.

(II) For the 2007-08 fiscal year and for each fiscal year
thereafter, both of the following apply:

(ia) In allocating the revenues described in subclause (I), the
auditor shall apportion funds to the appropriate special education
local plan area to cover the amount determined in Section
56836.173 of the Education Code.

(ib) Except as otherwise provided by sub-subclause (ia), property
tax revenues described in subclause (I) shall not be apportioned
to special education programs funded pursuant to Section
56836.173 of the Education Code.

(III) If, for the 2000-01 fiscal year or any fiscal year thereafter,
any additional revenues remain after the implementation of
subclauses (I) and (II), the auditor shall allocate those remaining
revenues among the county, cities, and special districts in
proportion to the amounts of ad valorem property tax revenue
otherwise required to be shifted from those local agencies to the
county’s Educational Revenue Augmentation Fund for the relevant
fiscal year.

(IV) A county Educational Revenue Augmentation Fund shall
not be required to provide funding for special education programs
funded pursuant to Section 56836.173 of the Education Code or
any predecessor to that section for a fiscal year prior to the 2007-08
fiscal year that it has not already provided for these programs prior
to the beginning of the 2007-08 fiscal year.

(ii) For the 1995-96 fiscal year only, clause (i) shall have no
application to the County of Mono and the amount allocated
pursuant to clause (i) in the County of Marin shall not exceed five
million dollars ($5,000,000).

(iii) For the 1996-97 fiscal year only, the total amount of funds
allocated by the auditor pursuant to clause (i) and clause (i) of
subparagraph (B) of paragraph (4) of subdivision (d) of Section
97.3 shall not exceed that portion of two million five hundred
thousand dollars ($2,500,000) that corresponds to the county’s
proportionate share of all moneys allocated pursuant to clause (i)
and clause (i) of subparagraph (B) of paragraph (4) of subdivision
(d) of Section 97.3 for the 1995-96 fiscal year. Upon the request
of the auditor, the Department of Finance shall provide to the
auditor all information in the department’s possession that is
necessary for the auditor to comply with this clause.

(iv) Notwithstanding clause (i) of this subparagraph, for the
1999-2000 fiscal year only, if, after making the allocations
pursuant to paragraphs (2) and (3) and subparagraph (A), the
auditor determines that there are still additional funds to be
allocated, the auditor shall allocate the funds to the county, cities,
and special districts in proportion to the amounts of ad valorem
property tax revenue otherwise required to be shifted from those
local agencies to the county’s Educational Revenue Augmentation
Fund for the relevant fiscal year. The amount allocated pursuant
to this clause shall not exceed eight million two hundred thirty-nine
thousand dollars ($8,239,000), as appropriated in Item
6110-250-0001 of Section 2.00 of the Budget Act of 1999 (Chapter
50, Statutes of 1999). This clause shall be operative for the
1999-2000 fiscal year only to the extent that moneys are
appropriated for purposes of this clause in the Budget Act of 1999
by an appropriation that specifically references this clause.

(C) For purposes of allocating the Educational Revenue
Augmentation Fund for the 1996-97 fiscal year, the auditor shall,
after making the allocations for special education programs, if any,
required by subparagraph (B), allocate all remaining funds among
the county, cities, and special districts in proportion to the amounts
of ad valorem property tax revenue otherwise required to be shifted
from those local agencies to the county’s Educational Revenue
Augmentation Fund for the relevant fiscal year. For purposes of
ad valorem property tax revenue allocations for the 1997-98 fiscal
year and each fiscal year thereafter, no amount of ad valorem
property tax revenue allocated to the county, a city, or a special
district pursuant to this subparagraph shall be deemed to be an
amount of ad valorem property tax revenue allocated to that local
agency in the prior fiscal year.

(5) For purposes of allocations made pursuant to Section 96.1
or its predecessor section for the 1993-94 fiscal year, the amounts
allocated from the Educational Revenue Augmentation Fund
pursuant to this subdivision, other than amounts deposited in the
Educational Revenue Augmentation Fund pursuant to Section
33681 of the Health and Safety Code, shall be deemed property
tax revenue allocated to the Educational Revenue Augmentation
Fund in the prior fiscal year.

(e) (1) For the 1997-98 fiscal year:

(A) The amount of property tax revenue deemed allocated in
the prior fiscal year to any city subject to the reduction specified
in paragraph (2) of subdivision (b) shall be reduced by an amount
that is equal to the difference between the amount determined for
the city pursuant to paragraph (1) of subdivision (b) and the amount
of the reduction determined for the city pursuant to paragraph (2)
of subdivision (b).

(B) The amount of property tax revenue deemed allocated in
the prior fiscal year to any county or city and county subject to the
reduction specified in paragraph (2) of subdivision (a) shall be
reduced by an amount that is equal to the difference between the
amount specified for the county or city and county pursuant to
paragraph (1) of subdivision (a) and the amount of the reduction
determined for the county or city and county pursuant to paragraph
(2) of subdivision (a).

(2) The amount of property tax revenues not allocated to a city
or city and county as a result of this subdivision shall be deposited
in the Educational Revenue Augmentation Fund described in
subparagraph (A) of paragraph (1) of subdivision (d).

(3) For purposes of allocations made pursuant to Section 96.1
for the 1998-99 fiscal year, the amounts allocated from the
Educational Revenue Augmentation Fund pursuant to this
subdivision shall be deemed property tax revenues allocated to the
Educational Revenue Augmentation Fund in the prior fiscal year.

(f) It is the intent of the Legislature in enacting this section that
this section supersede and be operative in place of Section 97.03
of the Revenue and Taxation Code, as added by Senate Bill 617
of the 1991-92 Regular Session.

begin delete SEC. 574. end delete
begin insert SEC. 519. end insert   

Section 19528 of the Revenue and Taxation Code
is amended to read:

19528.  

(a) Notwithstanding any other provision of law, the
Franchise Tax Board may require any board, as defined in Section
22 of the Business and Professions Code, and the State Bar, the
Bureau of Real Estate, and the Insurance Commissioner (hereinafter
referred to as licensing board) to provide to the Franchise Tax
Board the following information with respect to every licensee:

(1) Name.

(2) Address or addresses of record.

(3) Federal employer identification number (if the entity is a
partnership) or social security number (for all others).

(4) Type of license.

(5) Effective date of license or renewal.

(6) Expiration date of license.

(7) Whether license is active or inactive, if known.

(8) Whether license is new or renewal.

(b) The Franchise Tax Board may do the following:

(1) Send a notice to any licensee failing to provide the
identification number or social security number as required by
subdivision (a) of Section 30 of the Business and Professions Code
and subdivision (a) of Section 1666.5 of the Insurance Code,
describing the information that was missing, the penalty associated
with not providing it, and that failure to provide the information
within 30 days will result in the assessment of the penalty.

(2) After 30 days following the issuance of the notice described
in paragraph (1), assess a one hundred dollar ($100) penalty, due
and payable upon notice and demand, for any licensee failing to
provide either its federal employer identification number (if the
licensee is a partnership) or his or her social security number (for
all others) as required in Section 30 of the Business and Professions
Code and Section 1666.5 of the Insurance Code.

(c) Notwithstanding Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code, the
information furnished to the Franchise Tax Board pursuant to
Section 30 of the Business and Professions Code or Section 1666.5
of the Insurance Code shall not be deemed to be a public record
and shall not be open to the public for inspection.

begin delete

SEC. 575.  

Section 41030 of the Revenue and Taxation Code
is amended to read:

41030.  

The Department of Technology shall determine
annually, on or before October 1, a surcharge rate that it estimates
will produce sufficient revenue to fund the current fiscal year’s
911 costs. The surcharge rate shall be determined by dividing the
costs (including incremental costs) the Department of Technology
estimates for the current fiscal year of 911 plans approved pursuant
to Section 53115 of the Government Code, less the available
balance in the State Emergency Telephone Number Account in
the General Fund, by its estimate of the charges for intrastate
telephone communications services and VoIP service to which the
surcharge will apply for the period of January 1 to December 31,
inclusive, of the next succeeding calendar year, but in no event
shall such surcharge rate in any year be greater than three-quarters
of 1 percent nor less than one-half of 1 percent.

SEC. 576.  

Section 41031 of the Revenue and Taxation Code
is amended to read:

41031.  

The Department of Technology shall make its
determination of the surcharge rate each year no later than October
1 and shall notify the board of the new rate, which shall be fixed
by the board to be effective with respect to charges made for
intrastate telephone communication services and VoIP service on
or after January 1 of the next succeeding calendar year.

SEC. 577.  

Section 41032 of the Revenue and Taxation Code is
amended to read:

41032.  

Immediately upon notification by the Department of
Technology and fixing the surcharge rate, the board shall each
year no later than November 15 publish in its minutes the new
rate, and it shall notify by mail every service supplier registered
with it of the new rate.

SEC. 578.  

Section 41136.1 of the Revenue and Taxation Code
is amended to read:

41136.1.  

For each fiscal year, moneys in the State Emergency
Telephone Number Account not appropriated for a purpose
specified in Section 41136 shall be held in trust for future
appropriation for upcoming, planned “911” emergency telephone
number projects that have been approved by the Department of
Technology, even if the projects have not yet commenced.

SEC. 579.  

Section 41137 of the Revenue and Taxation Code
is amended to read:

41137.  

The Department of Technology shall pay, from funds
appropriated from the State Emergency Telephone Number
Account by the Legislature, as provided in Section 41138, bills
submitted by service suppliers or communications equipment
companies for the installation and ongoing costs of the following
communication services provided local agencies by service
suppliers in connection with the “911” emergency telephone
number system:

(a) A basic system.

(b) A basic system with telephone central office identification.

(c) A system employing automatic call routing.

(d) Approved incremental costs that have been concurred in by
the Department of Technology.

SEC. 580.  

Section 41137.1 of the Revenue and Taxation Code
is amended to read:

41137.1.  

The Department of Technology shall pay, from funds
appropriated from the State Emergency Telephone Number
Account by the Legislature, as provided in Section 41138, claims
submitted by local agencies for approved incremental costs and
for the cost of preparation of final plans submitted to the
Department of Technology for approval on or before October 1,
1978, as provided in Section 53115 of the Government Code.

SEC. 581.  

Section 41138 of the Revenue and Taxation Code is
amended to read:

41138.  

(a) It is the intent of the Legislature that the
reimbursement rates for “911” emergency telephone number
equipment shall not exceed specified amounts negotiated with
each interested supplier and approved by the Department of
Technology. The department shall negotiate supplier pricing to
ensure cost effectiveness and the best value for the “911”
emergency telephone number system. The department shall pay
those bills as provided in Section 41137 only under the following
conditions:

(1) The department shall have received the local agency’s “911”
emergency telephone number system plan by July 1 of the prior
fiscal year and approved the plan by October 1 of the prior fiscal
year.

(2) The Legislature has appropriated in the Budget Bill an
amount sufficient to pay those bills.

(3) The department has reviewed and approved each line item
of a request for funding to ensure the necessity of the proposed
equipment or services and the eligibility for reimbursement.

(4) The amounts to be paid do not exceed the pricing submitted
by the supplier and approved by the department. Extraordinary
circumstances may warrant spending in excess of the established
rate, but shall be preapproved by the department. In determining
the reimbursement rate, the department shall utilize the approved
pricing submitted by the supplier providing the equipment or
service.

(b) Nothing in this section shall be construed to limit an agency’s
ability to select a supplier or procure telecommunications
equipment as long as the supplier’s pricing is preapproved by the
Department of Technology. Agencies shall be encouraged to
procure equipment on a competitive basis. Any amount in excess
of the pricing approved by the department shall not be reimbursed.

SEC. 582.  

Section 41139 of the Revenue and Taxation Code
is amended to read:

41139.  

From funds appropriated by the Legislature from the
Emergency Telephone Number Account, the Department of
Technology shall begin paying bills as provided in Sections 41137,
41137.1, and 41138 in the 1977-78 fiscal year for plans submitted
by local agencies by July 1, 1976, to the department that the
department has approved.

SEC. 583.  

Section 41140 of the Revenue and Taxation Code
is amended to read:

41140.  

The Department of Technology shall reimburse local
agencies, from funds appropriated from the Emergency Telephone
Number Account by the Legislature, for amounts not previously
compensated for by another governmental agency, which have
been paid by agencies for approved incremental costs or to service
suppliers or communication equipment companies for the following
communications services supplied in connection with the “911”
emergency telephone number, provided local agency plans had
been approved by the department:

(a) A basic system.

(b) A basic system with telephone central office identification.

(c) A system employing automatic call routing.

(d) Approved incremental costs.

SEC. 584.  

Section 41141 of the Revenue and Taxation Code
is amended to read:

41141.  

Claims for reimbursement shall be submitted by local
agencies to the Department of Technology, which shall determine
payment eligibility and shall reduce the claim for charges that
exceed the approved incremental costs, approved contract amounts,
or the established tariff rates for costs. No claim shall be paid until
funds are appropriated by the Legislature.

SEC. 585.  

Section 41142 of the Revenue and Taxation Code
is amended to read:

41142.  

Notwithstanding any other provision of this article, if
the Legislature fails to appropriate an amount sufficient to pay
bills submitted to the Department of Technology by service
suppliers or communications equipment companies for the
installation and ongoing communications services supplied local
agencies in connection with the “911” emergency telephone
number system, and to pay claims of local agencies which, prior
to the effective date of this part, paid amounts to service suppliers
or communications equipment companies for the installation and
ongoing expenses in connection with the “911” emergency
telephone number system, the obligation of service suppliers and
local agencies to provide “911” emergency telephone service shall
terminate and service shall not again be required until the
Legislature has appropriated an amount sufficient to pay those
bills or claims. Nothing in this part shall preclude local agencies
from purchasing or acquiring any communication equipment from
companies other than the telephone service suppliers.

end delete

begin delete SEC. 586. end delete
begin insert SEC. 520. end insert   

Section 22.5 is added to the Streets and Highways
Code, to read:

22.5.  

Whenever the term “Business, Transportation and
Housing Agency” appears within the Streets and Highways Code,
it shall refer to the Transportation Agency, and whenever the term
“Secretary of Business, Transportation and Housing” appears
within the Streets and Highways Code, it shall refer to the Secretary
of Transportation.

begin delete SEC. 587. end delete
begin insert SEC. 521. end insert   

Section 165 of the Vehicle Code is amended to read:

165.  

An authorized emergency vehicle is:

(a) Any publicly owned and operated ambulance, lifeguard, or
lifesaving equipment or any privately owned or operated ambulance
licensed by the Commissioner of the California Highway Patrol
to operate in response to emergency calls.

(b) Any publicly owned vehicle operated by the following
persons, agencies, or organizations:

(1) Any federal, state, or local agency, department, or district
employing peace officers as that term is defined in Chapter 4.5
(commencing with Section 830) of Part 2 of Title 3 of the Penal
Code, for use by those officers in the performance of their duties.

(2) Any forestry or fire department of any public agency or fire
department organized as provided in the Health and Safety Code.

(c) Any vehicle owned by the state, or any bridge and highway
district, and equipped and used either for fighting fires, or towing
or servicing other vehicles, caring for injured persons, or repairing
damaged lighting or electrical equipment.

(d) Any state-owned vehicle used in responding to emergency
fire, rescue, or communications calls and operated either by the
Office of Emergency Services or by any public agency or industrial
fire department to which the Office of Emergency Services has
assigned the vehicle.

(e) Any vehicle owned or operated by any department or agency
of the United States government when the vehicle is used in
responding to emergency fire, ambulance, or lifesaving calls or is
actively engaged in law enforcement work.

(f) Any vehicle for which an authorized emergency vehicle
permit has been issued by the Commissioner of the California
Highway Patrol.

begin delete SEC. 588. end delete
begin insert SEC. 522. end insert   

Section 1500 of the Vehicle Code is amended to
read:

1500.  

(a) There is in the Transportation Agency the
Department of Motor Vehicles.

(b) Whenever the term “Business, Transportation and Housing
Agency” appears within the Vehicle Code, it shall refer to the
Transportation Agency, and whenever the term “Secretary of
Business, Transportation and Housing” appears within the Vehicle
Code, it shall refer to the Secretary of Transportation.

begin delete SEC. 589. end delete
begin insert SEC. 523. end insert   

Section 1505 of the Vehicle Code is amended to
read:

1505.  

The director, with the approval of the Governor and the
Secretary of Transportation, shall organize the department in a
manner that he or she may deem necessary to conduct the work
of the department.

begin delete SEC. 590. end delete
begin insert SEC. 524. end insert   

Section 1808.51 of the Vehicle Code is amended to
read:

1808.51.  

Notwithstanding Sections 1808.5 and 12800.5, both
of the following may obtain copies of fullface engraved pictures
or photographs of individuals directly from the department:

(a) The Bureau of Real Estate, as a department, individually,
or through its staff, for purposes of enforcing the Real Estate Law
(Part 1 (commencing with Section 10000) of Division 4 of the
Business and Professions Code) or the Subdivided Lands Law
(Chapter 1 (commencing with Section 11000) of Part 2 of Division
4 of the Business and Professions Code).

(b) The city attorney of a city and county and his or her
investigators for purposes of performing functions related to city
and county operations.

begin delete SEC. 591. end delete
begin insert SEC. 525. end insert   

Section 2100 of the Vehicle Code is amended to
read:

2100.  

There is in the Transportation Agency the Department
of the California Highway Patrol.

begin delete SEC. 592. end delete
begin insert SEC. 526. end insert   

Section 2109 of the Vehicle Code is amended to
read:

2109.  

The commissioner shall organize the department with
the approval of the Governor and the Secretary of Transportation
and may arrange and classify the work of the department and may,
with the approval of the Governor and the Secretary of
Transportation, create or abolish divisions thereof.

begin delete SEC. 593. end delete
begin insert SEC. 527. end insert   

Section 2901 of the Vehicle Code is amended to
read:

2901.  

The Governor may appoint a highway safety
representative who shall serve in the Transportation Agency and
who shall, in consultation with the Governor and Secretary of
Transportation, prepare the California Traffic Safety Program. The
Governor is responsible for the administration of the program, and
has final approval of all phases of the program, and may take all
action necessary to secure the full benefits available to the program
under the Federal Highway Safety Act of 1966, and any
amendments thereto. The highway safety representative serves at
the pleasure of the secretary.

begin delete SEC. 594. end delete
begin insert SEC. 528. end insert   

Section 2902 of the Vehicle Code is amended to
read:

2902.  

To the maximum extent permitted by federal law and
regulations and the laws of this state, the Governor may delegate
to the Secretary of Transportation and the highway safety
representative the authority necessary to administer the program,
and the secretary and the representative may exercise this authority
once delegated.

begin delete

SEC. 595.  

Section 5066 of the Vehicle Code is amended to
read:

5066.  

(a) The department, in conjunction with the California
Highway Patrol, shall design and make available for issuance
pursuant to this article the California memorial license plate.
Notwithstanding Section 5060, the California memorial license
plate may be issued in a combination of numbers or letters, or both,
as requested by the applicant for the plates. A person described in
Section 5101, upon payment of the additional fees set forth in
subdivision (b), may apply for and be issued a set of California
memorial license plates.

(b) In addition to the regular fees for an original registration or
renewal of registration, the following additional fees shall be paid
for the issuance, renewal, retention, or transfer of the California
memorial license plates authorized pursuant to this section:

(1) For the original issuance of the plates, fifty dollars ($50).

(2) For a renewal of registration of the plates or retention of the
plates, if renewal is not required, forty dollars ($40).

(3) For transfer of the plates to another vehicle, fifteen dollars
($15).

(4) For each substitute replacement plate, thirty-five dollars
($35).

(5) In addition, for the issuance of an environmental license
plate, as defined in Section 5103, the additional fees required
pursuant to Sections 5106 and 5108 shall be deposited
proportionately in the funds described in subdivision (c).

(c) The department shall deposit the additional revenue derived
from the issuance, renewal, transfer, and substitution of California
memorial license plates as follows:

(1) Eighty-five percent in the Antiterrorism Fund, which is
hereby created in the General Fund.

(A) Upon appropriation by the Legislature, one-half of the
money in the fund shall be allocated by the Controller to the Office
of Emergency Services to be used solely for antiterrorism activities.
The office shall not use more than 5 percent of the money
appropriated to it for administrative purposes.

(B) Upon appropriation by the Legislature in the annual Budget
Act or in another statute, one-half of the money in the fund shall
be used solely for antiterrorism activities.

(2) Fifteen percent in the California Memorial Scholarship Fund,
which is hereby established in the General Fund. Money deposited
in this fund shall be administered by the Scholarshare Investment
Board, and shall be available, upon appropriation in the annual
Budget Act or in another statute, for distribution or encumbrance
by the board pursuant to Article 21.5 (commencing with Section
70010) of Chapter 2 of Part 42 of the Education Code.

(d) The department shall deduct its costs to administer, but not
to develop, the California memorial license plate program. The
department may utilize an amount of money, not to exceed fifty
thousand dollars ($50,000) annually, derived from the issuance,
renewal, transfer, and substitution of California memorial license
plates for the continued promotion of the California memorial
license plate program of this section.

(e) For the purposes of this section, “antiterrorism activities”
means activities related to the prevention, detection, and emergency
response to terrorism that are undertaken by state and local law
enforcement, fire protection, and public health agencies. The funds
provided for these activities, to the extent that funds are available,
shall be used exclusively for purposes directly related to fighting
terrorism. Eligible activities include, but are not limited to, hiring
support staff to perform administrative tasks, hiring and training
additional law enforcement, fire protection, and public health
personnel, response training for existing and additional law
enforcement, fire protection, and public health personnel, and
hazardous materials and other equipment expenditures.

(f) Beginning January 1, 2007, and each January 1 thereafter,
the department shall determine the number of currently outstanding
and valid California memorial license plates. If that number is less
than 7,500 in any year, then the department shall no longer issue
or replace those plates.

end delete

begin delete SEC. 596. end delete
begin insert SEC. 529. end insert   

Section 9706 of the Vehicle Code is amended to
read:

9706.  

(a) Application for partial year registration in
conjunction with an application for original California registration
shall be made by the owner within 20 days of the date the vehicle
first becomes subject to California registration. Any application
for partial year registration submitted after that 20-day period shall
be denied registration for a partial year, and the vehicle shall be
subject to payment of the fees for the entire registration year. In
addition to the fee for the registration year, a penalty, as specified
in Section 9554, shall be added to the fee for registration.

(b) Any application to renew registration for a part of the
remainder of the registration year or for the entire remainder of
the registration year shall be made prior to midnight of the
expiration date of the last issued registration certificate. Application
shall be made upon presentation of the last issued registration card
or of a potential registration issued by the department for use at
the time of renewal and by payment of the required partial year
fees, or, if renewal is for the remainder of the registration year, by
payment of the annual fee required by Section 9400 or 9400.1, as
reduced pursuant to Section 9407.

(c) Notwithstanding any other provision of law, an owner who
registers a vehicle pursuant to this article during a calendar year
shall, if the vehicle was not operated, moved, or left standing upon
a highway, file a certificate of nonoperation prior to the date of
the first operation of the vehicle on the highways in a manner
which requires that registration and shall, by December 31 of each
calendar year thereafter, file a certification pursuant to subdivisions
(a) and (b) of Section 4604 when the vehicle is not registered for
operation on the highways for the succeeding calendar year.

(d) Notwithstanding subdivision (c), the owner of any vehicle
being moved or operated for the purpose of providing support to
firefighting operations while the vehicle or owner is under contract
to the United States Forestry Service, the United States Department
of the Interior, the Bureau of Land Management, the Department
of Forestry and Fire Protection, or the Office of Emergency
Services may obtain partial year registration if application is made
within 20 days of the date the vehicle is first operated, moved, or
left standing on the highway and the owner has obtained a letter
of authorization from the department prior to the date that the
vehicle is first operated, moved, or left standing on the highway.

begin delete SEC. 597. end delete
begin insert SEC. 530. end insert   

Section 23112.5 of the Vehicle Code is amended to
read:

23112.5.  

(a) Any person who dumps, spills, or causes the
release of hazardous material, as defined by Section 353, or
hazardous waste, as defined by Section 25117 of the Health and
Safety Code, upon any highway shall notify the Department of the
California Highway Patrol or the agency having traffic jurisdiction
for that highway of the dump, spill, or release, as soon as the person
has knowledge of the dump, spill, or release and notification is
possible. Upon receiving notification pursuant to this section, the
Department of the California Highway Patrol shall, as soon as
possible, notify the Office of Emergency Services of the dump,
spill, or release, except for petroleum spills of less than 42 gallons
from vehicular fuel tanks.

(b) Any person who is convicted of a violation of this section
shall be punished by a mandatory fine of not less than two thousand
dollars ($2,000).

begin delete SEC. 598. end delete
begin insert SEC. 531. end insert   

Section 34061 of the Vehicle Code is amended to
read:

34061.  

The department shall compile data and annually publish
a report relating to the level of cargo tank and hazardous waste
transport vehicle and container inspections conducted during the
previous year. The data included in the report shall include, but
need not be limited to, all of the following:

(a) The number of inspections conducted.

(b) The number of violations recorded.

(c) The number of on-highway incidents involving cargo tanks
and hazardous waste transport vehicles and containers that were
reported to the Office of Emergency Services under Section
8574.17 of the Government Code.

begin delete SEC. 599. end delete
begin insert SEC. 532. end insert   

Section 128 of the Water Code is amended to read:

128.  

(a) In times of extraordinary stress and of disaster,
resulting from storms and floods, or where damage to watershed
lands by forest fires has created an imminent threat of floods and
damage by water, mud, or debris upon the occurrence of storms,
the department may perform any work required or take any
remedial measures necessary to avert, alleviate, repair, or restore
damage or destruction to property having a general public and
state interest and to protect the health, safety, convenience, and
welfare of the general public of the state. In carrying out that work,
the department may perform the work itself or through or in
cooperation with any other state department or agency, the federal
government, or any political subdivision, city, or district.

(b) This section is intended to supplement the emergency
services of the state, and nothing in this section overrides or
supersedes the authority of the Director of Emergency Services to
coordinate and supervise state action, upon a declaration 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) or the Disaster Assistance Act (Chapter
7.5 (commencing with Section 8680) of that division).

begin delete SEC. 600. end delete
begin insert SEC. 533. end insert   

Section 6025.6 of the Water Code is amended to
read:

6025.6.  

(a) An owner of a structure defined as a dam pursuant
to Section 6002, but excluded from that definition pursuant to
subdivision (d) of Section 6004 or otherwise exempted from the
requirements of this chapter pursuant to Section 6025.5, shall
comply with the requirements of Section 8589.5 of the Government
Code and shall employ a civil engineer who is registered in the
state to supervise the structure for the protection of life and
property for the full operating life of the structure.

(b) (1) The civil engineer supervising a dam pursuant to
subdivision (a) shall take into consideration, in determining
whether or not a dam constitutes, or would constitute, a danger to
life or property, the possibility that the dam might be endangered
by seepage, earth movement, or other conditions that exist, or
might occur, in any area in the vicinity of the dam.

(2) If the civil engineer determines that a dam under his or her
supervision constitutes, or would constitute, a danger to life or
property, the civil engineer shall notify the owner of the dam and
recommend appropriate action.

(c) The owner shall submit to the department the name, business
address, and telephone number of each supervising civil engineer.

(d) The department shall submit the information provided
pursuant to subdivision (c) to the Office of Emergency Services
on or before January 1, 1995, and on or before each January 1
thereafter. Any change in the information shall be submitted to
the department on or before July 1 of each year.

begin delete SEC. 601. end delete
begin insert SEC. 534. end insert   

Section 11910 of the Water Code is amended to
read:

11910.  

There shall be incorporated in the planning and
construction of each project those features (including, but not
limited to, additional storage capacity) that the department, after
giving full consideration to any recommendations which may be
made by the Department of Fish and Game, the Department of
Parks and Recreation, any federal agency, and any local
governmental agency with jurisdiction over the area involved,
determines necessary or desirable for the preservation of fish and
wildlife, and necessary or desirable to permit, on a year-round
basis, full utilization of the project for the enhancement of fish and
wildlife and for recreational purposes to the extent that those
features are consistent with other uses of the project, if any. It is
the intent of the Legislature that there shall be full and close
coordination of all planning for the preservation and enhancement
of fish and wildlife and for recreation in connection with state
water projects by and between the Department of Water Resources,
the Department of Parks and Recreation, the Department of Fish
and Wildlife, and all appropriate federal and local agencies.

begin delete SEC. 602. end delete
begin insert SEC. 535. end insert   

Section 11910.1 of the Water Code is amended to
read:

11910.1.  

In furtherance of the policies specified in Section
11910, the Department of Fish and Wildlife, the Department of
Parks and Recreation, and other governmental agencies shall
submit their recommendations or comments on reconnaissance
studies or feasibility reports of the Department of Water Resources
relating to any project or feature of a project within 60 days
following receipt of a formal request for review from the
Department of Water Resources.

begin delete SEC. 603. end delete
begin insert SEC. 536. end insert   

Section 12994 of the Water Code is amended to
read:

12994.  

(a) The Legislature finds and declares all of the
following:

(1) The CALFED Bay-Delta Program has identified as a core
action the need for emergency levee management planning for
delta levees to improve system reliability.

(2) Even with active levee maintenance, the threat of delta levee
failures from earthquake, flood, or poor levee foundation, will
continue to exist.

(3) Because of this threat of failure, and the potential need to
mobilize people and equipment in an emergency to protect delta
levees and public benefits, the department needs authority that will
enable it to act quickly.

(b) The department may do all of the following:

(1) In an emergency, as defined by Section 21060.3 of the Public
Resources Code, that requires immediate levee work to protect
public benefits in the delta, the department may use funds pursuant
to this part without prior approval of a plan by the board or the
Department of Fish and Wildlife, in which case the requirements
of Sections 12314 and 12987, and the memorandum of
understanding pursuant to Section 12307, shall be carried out as
soon as possible.

(A) The amount of funds that may be expended each year on
emergency levee work under this section shall not be greater than
two hundred thousand dollars ($200,000) and the amount that may
be expended per emergency levee site shall not be greater than
fifty thousand dollars ($50,000). The local agency shall fund 25
percent of the total costs of the emergency repair at a site or shall
fund an appropriate share of the costs as approved by the board
and based upon information of the local agency’s ability to pay
for the repairs.

(B) Department contracts executed for emergency levee work
under this section shall be exempted from Department of General
Services approval required under the Public Contract Code.

(C) As soon as feasible after the emergency repair, the
department shall submit a report to the board describing the levee
work, costs incurred, and plans for future work at the site, including
any necessary mitigation.

(D) This section is intended to supplement emergency services
provided by the state or the United States. Nothing in this section
overrides or supersedes the authority of the Director of Emergency
Services under the California Emergency Services Act (Chapter
7 (commencing with Section 8550) of Division 1 of Title 2 of the
Government Code) or the Disaster Assistance Act (Chapter 7.5
(commencing with Section 8680) of Division 1 of Title 2 of the
Government Code).

(2) Prepare and submit to the board for adoption a delta
emergency response plan for levee failures. The plan is exempt
from Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code. The plan may
include recommendations of the multiagency response team
established pursuant to paragraph (3) and may include, but not be
limited to, the following:

(A) Standardized contracts for emergency levee work to be
executed by the department, local agencies, or other appropriate
entities.

(B) Criteria for eligible emergency levee work.

(C) Definition of an emergency levee site.

(D) Documentation requirements.

(E) Proposals for complying with the federal Endangered
Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) and the
California Endangered Species Act (Chapter 1.5 (commencing
with Section 2050) of Division 3 of the Fish and Game Code) in
an emergency.

(F) Stages of emergency response that may occur in various
situations.

(3) Establish a multiagency emergency response team, consisting
of representatives from the department, the board, the Department
of Fish and Wildlife, the California Conservation Corps, the Office
of Emergency Services, the Federal Emergency Management
Agency, the United States Army Corps of Engineers, and the
United States Fish and Wildlife Service to advise on methods to
ensure that levee emergencies will be resolved as quickly and
safely as possible.

begin delete SEC. 604. end delete
begin insert SEC. 537. end insert   

Section 13271 of the Water Code is amended to
read:

13271.  

(a) (1) Except as provided by subdivision (b), any
person who, without regard to intent or negligence, causes or
permits any hazardous substance or sewage to be discharged in or
on any waters of the state, or discharged or deposited where it is,
or probably will be, discharged in or on any waters of the state,
shall, as soon as (A) that person has knowledge of the discharge,
(B) notification is possible, and (C) notification can be provided
without substantially impeding cleanup or other emergency
measures, immediately notify the Office of Emergency Services
of the discharge in accordance with the spill reporting provision
of the state toxic disaster contingency plan adopted pursuant to
Article 3.7 (commencing with Section 8574.16) of Chapter 7 of
Division 1 of Title 2 of the Government Code.

(2) The Office of Emergency Services shall immediately notify
the appropriate regional board, the local health officer, and the
director of environmental health of the discharge. The regional
board shall notify the state board as appropriate.

(3) Upon receiving notification of a discharge pursuant to this
section, the local health officer and the director of environmental
health shall immediately determine whether notification of the
public is required to safeguard public health and safety. If so, the
local health officer and the director of environmental health shall
immediately notify the public of the discharge by posting notices
or other appropriate means. The notification shall describe
measures to be taken by the public to protect the public health.

(b) The notification required by this section shall not apply to
a discharge in compliance with waste discharge requirements or
other provisions of this division.

(c) Any person who fails to provide the notice required by this
section is guilty of a misdemeanor and shall be punished by a fine
of not more than twenty thousand dollars ($20,000) or
imprisonment in a county jail for not more than one year, or both.
Except where a discharge to the waters of this state would have
occurred but for cleanup or emergency response by a public agency,
this subdivision shall not apply to any discharge to land which
does not result in a discharge to the waters of this state.

(d) Notification received pursuant to this section or information
obtained by use of that notification shall not be used against any
person providing the notification in any criminal case, except in
a prosecution for perjury or giving a false statement.

(e) For substances listed as hazardous wastes or hazardous
material pursuant to Section 25140 of the Health and Safety Code,
the state board, in consultation with the Department of Toxic
Substances Control, shall by regulation establish reportable
quantities for purposes of this section. The regulations shall be
based on what quantities should be reported because they may
pose a risk to public health or the environment if discharged to
groundwater or surface water. Regulations need not set reportable
quantities on all listed substances at the same time. Regulations
establishing reportable quantities shall not supersede waste
discharge requirements or water quality objectives adopted
pursuant to this division, and shall not supersede or affect in any
way the list, criteria, and guidelines for the identification of
hazardous wastes and extremely hazardous wastes adopted by the
Department of Toxic Substances Control pursuant to Chapter 6.5
(commencing with Section 25100) of Division 20 of the Health
and Safety Code. The regulations of the Environmental Protection
Agency for reportable quantities of hazardous substances for
purposes of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C.
Sec. 9601 et seq.) shall be in effect for purposes of the enforcement
of this section until the time that the regulations required by this
subdivision are adopted.

(f) (1) The state board shall adopt regulations establishing
reportable quantities of sewage for purposes of this section. The
regulations shall be based on the quantities that should be reported
because they may pose a risk to public health or the environment
if discharged to groundwater or surface water. Regulations
establishing reportable quantities shall not supersede waste
discharge requirements or water quality objectives adopted
pursuant to this division. For purposes of this section, “sewage”
means the effluent of a municipal wastewater treatment plant or a
private utility wastewater treatment plant, as those terms are
defined in Section 13625, except that sewage does not include
recycled water, as defined in subdivisions (c) and (d) of Section
13529.2.

(2) A collection system owner or operator, as defined in
paragraph (1) of subdivision (a) of Section 13193, in addition to
the reporting requirements set forth in this section, shall submit a
report pursuant to subdivision (c) of Section 13193.

(g) Except as otherwise provided in this section and Section
8589.7 of the Government Code, a notification made pursuant to
this section shall satisfy any immediate notification requirement
contained in any permit issued by a permitting agency. When
notifying the Office of Emergency Services, the person shall
include all of the notification information required in the permit.

(h) For the purposes of this section, the reportable quantity for
perchlorate shall be 10 pounds or more by discharge to the
receiving waters, unless a more restrictive reporting standard for
a particular body of water is adopted pursuant to subdivision (e).

(i) Notification under this section does not nullify a person’s
responsibility to notify the local health officer or the director of
environmental health pursuant to Section 5411.5 of the Health and
Safety Code.

begin delete SEC. 605. end delete
begin insert SEC. 538. end insert   

Section 13272 of the Water Code is amended to
read:

13272.  

(a) Except as provided by subdivision (b), any person
who, without regard to intent or negligence, causes or permits any
oil or petroleum product to be discharged in or on any waters of
the state, or discharged or deposited where it is, or probably will
be, discharged in or on any waters of the state, shall, as soon as
(1) that person has knowledge of the discharge, (2) notification is
possible, and (3) notification can be provided without substantially
impeding cleanup or other emergency measures, immediately
notify the Office of Emergency Services of the discharge in
accordance with the spill reporting provision of the California oil
spill contingency plan adopted pursuant to Article 3.5 (commencing
with Section 8574.1) of Chapter 7 of Division 1 of Title 2 of the
Government Code. This section shall not apply to spills of oil into
marine waters as defined in subdivision (f) of Section 8670.3 of
the Government Code.

(b) The notification required by this section shall not apply to
a discharge in compliance with waste discharge requirements or
other provisions of this division.

(c) Any person who fails to provide the notice required by this
section is guilty of a misdemeanor and shall be punished by a fine
of not less than five hundred dollars ($500) or more than five
thousand dollars ($5,000) per day for each day of failure to notify,
or imprisonment of not more than one year, or both. Except where
a discharge to the waters of this state would have occurred but for
cleanup or emergency response by a public agency, this subdivision
shall not apply to any discharge to land which does not result in a
discharge to the waters of this state. This subdivision shall not
apply to any person who is fined by the federal government for a
failure to report a discharge of oil.

(d) Notification received pursuant to this section or information
obtained by use of that notification shall not be used against any
person providing the notification in any criminal case, except in
a prosecution for perjury or giving a false statement.

(e) Immediate notification to the appropriate regional board of
the discharge, in accordance with reporting requirements set under
Section 13267 or 13383, shall constitute compliance with the
requirements of subdivision (a).

(f) The reportable quantity for oil or petroleum products shall
be one barrel (42 gallons) or more, by direct discharge to the
receiving waters, unless a more restrictive reporting standard for
a particular body of water is adopted.

begin delete SEC. 606. end delete
begin insert SEC. 539. end insert   

Section 79522 of the Water Code is amended to
read:

79522.  

(a) Funds made available pursuant to Section 79520
shall be appropriated to the State Department of Public Health to
carry out this chapter consistent with the requirements and for the
purposes specified in Section 79520.

(b) In the development of priorities for expenditure of the funds
appropriated for the purposes of this section, the State Department
of Public Health shall consult with the Office of Emergency
Services and local water agencies to develop criteria for the
department’s programs.

(c) Funds allocated pursuant to this section shall not be available
for grants that reimburse project costs incurred prior to the adoption
of criteria for the grants provided in this section.

(d) No grant funds may be awarded to supplant funding for the
routine responsibilities or obligations of any state, local, or regional
drinking water system.

begin delete SEC. 607. end delete
begin insert SEC. 540. end insert   

Section 1789 of the Welfare and Institutions Code
is amended to read:

1789.  

(a) A Runaway Youth and Families in Crisis Project
shall be established in one or more counties in the San Joaquin
Central Valley, in one or more counties in the northern region of
California, and in one or more counties in the southern region of
California. Each project may have one central location, or more
than one site, in order to effectively serve the target population.

(b) The Office of Emergency Services shall prepare and
disseminate a request for proposals to prospective grantees under
this chapter within four months after this chapter has been approved
and enacted by the Legislature. The Office of Emergency Services
shall enter into grant award agreements for a period of no less than
three years, and the operation of projects shall begin no later than
four months after grant award agreements are entered into between
the agency and the grantee. Grants shall be awarded based on the
quality of the proposal, the documented need for services in regard
to runaway youth, and to organizations, as specified in subdivision
(d) of this section, in localities that receive a disproportionately
low share of existing federal and state support for youth shelter
programs.

(c) The Office of Emergency Services shall require applicants
to identify, in their applications, measurable outcomes by which
the agency will measure the success of the applicant’s project.
These measurable outcomes shall include, but not be limited to,
the number of clients served and the percentage of clients who are
successfully returned to the home of a parent or guardian or to an
alternate living condition when reunification is not possible.

(d) Only private, nonprofit organizations shall be eligible to
apply for funds under this chapter to operate a Runaway Youth
and Families in Crisis Project, and these organizations shall be
required to annually contribute a local match of at least 15 percent
in cash or in-kind contribution to the project during the term of
the grant award agreement. Preference shall be given to
organizations that demonstrate a record of providing effective
services to runaway youth or families in crisis for at least three
years, successfully operating a youth shelter for runaway and
homeless youth, or successfully operating a transitional living
facility for runaway and homeless youth who do not receive
transitional living services through the juvenile justice system.
Additional weight shall also be given to those organizations that
demonstrate a history of collaborating with other agencies and
individuals in providing such services. Priority shall be given to
organizations with existing facilities. Preference shall also be given
to organizations that demonstrate the ability to progressively
decrease their reliance on resources provided under this chapter
and to operate this project beyond the period that the organization
receives funds under this chapter.

begin delete SEC. 608. end delete
begin insert SEC. 541. end insert   

Section 9101 of the Welfare and Institutions Code
is amended to read:

9101.  

(a) The department shall consist of a director, and any
staff as may be necessary for proper administration.

(b) The department shall maintain its main office in Sacramento.

(c) The Governor, with the consent of the Senate, shall appoint
the director. The Governor shall consider, but not be limited to,
recommendations from the commission.

(d) The director shall have the powers of a head of a department
pursuant to Chapter 2 (commencing with Section 11150) of Part
1 of Division 3 of Title 2 of the Government Code, and shall
receive the salary provided for by Chapter 6 (commencing with
Section 11550) of Part 1 of Division 3 of Title 2 of the Government
Code.

(e) The director shall do all of the following:

(1) Be responsible for the management of the department and
achievement of its statewide goals.

(2) Assist the commission in carrying out its mandated duties
and responsibilities in accordance with Section 9202.

(f) The Secretary of California Health and Human Services shall
ensure effective coordination among departments of the agency
in carrying out the mandates of this division. For this purpose, the
secretary shall regularly convene meetings concerning services to
older individuals that shall include, but not be limited to, the State
Department of Health Care Services, the State Department of
Social Services, the State Department of Public Health, and the
department.

(g) The Secretary of California Health and Human Services
shall also encourage other state entities that have other programs
for older individuals to actively participate in periodic joint
meetings for the joint purpose of coordinating service activities.
These entities shall include, but not be limited to, the Department
of Housing and Community Development, the Department of Parks
and Recreation in the Natural Resources Agency, the
Transportation Agency, the California Arts Council, and the
Department of Veterans Affairs.

begin delete SEC. 609. end delete
begin insert SEC. 542. end insert   

Section 9625 of the Welfare and Institutions Code
is amended to read:

9625.  

(a) No later than June 30, 2007, each multipurpose senior
center and each senior center, as defined in subdivisions (j) and
(n) of Section 9591, shall develop and maintain a written
emergency operations plan. This emergency operations plan shall
include, but not be limited to, all of the following:

(1) Facility preparation procedures to identify the location of
first aid supplies, secure all furniture, appliances, and other
free-standing objects, and provide instructions for operating gas
and water shutoff valves.

(2) An inventory of neighborhood resources that shall include,
but not be limited to, the identification and location of all the
following nearby resources:

(A) Generators.

(B) Telephones.

(C) Hospitals and public health clinics.

(D) Fire stations and police stations.

(3) Evacuation procedures, including procedures to
accommodate those who will need assistance in evacuating the
center. This evacuation plan shall be located in an area that is
accessible to the public.

(4) Procedures to accommodate seniors, people with disabilities,
and other community members in need of shelter at the senior
center, in the event that other community facilities are inoperable.

(5) Personnel resources necessary for postdisaster response.

(6) Procedures for conducting periodic evacuation drills, fire
drills, and earthquake drills.

(7) Procedures to ensure service continuation after a disaster.

(8) Consideration of cultural and linguistic barriers in emergency
and evacuation plans, and ways to appropriately address those
barriers.

(b) In the development of the emergency operations plans
required by this chapter, multipurpose senior centers and senior
centers shall coordinate with the Office of Emergency Services,
the local area agency on aging, as defined in Section 9006, and
other relevant agencies and stakeholders.

begin delete SEC. 610. end delete
begin insert SEC. 543. end insert   

Section 14085.54 of the Welfare and Institutions
Code is amended to read:

14085.54.  

(a) The Los Angeles County University of Southern
California (LAC-USC) Medical Center may submit revised final
plans to the Office of Statewide Health Planning and Development
to replace the original capital expenditure project plans that met
the initial eligibility requirements provided for under Section
14085.5 if all of the following conditions are met:

(1) The revised capital expenditure project meets all other
requirements for eligibility as specified in Section 14085.5.

(2) The revised plans are submitted to the Office of Statewide
Health Planning and Development on or before December 31,
2002, except that, with respect to a facility in the San Gabriel
Valley of not less than 80 beds, the revised plans may be submitted
not later than December 31, 2003.

(3) The scope of the capital project shall consist of two facilities
with not less than a total of 680 beds.

(b) Funding under Section 14085.5 shall not be provided unless
all of the conditions specified in subdivision (a) are met.

(c) The revised plans for the LAC-USC Medical Center capital
expenditure project may provide for one or more of the following
variations from the original capital expenditure project plan
submission:

(1) Total revisions or reconfigurations, or reductions in size and
scope.

(2) Reduction in, or modification of, some or all inpatient project
components.

(3) Tenant interior improvements not specified in the original
capital expenditure project plan submission.

(4) Modifications to the foundation, structural frame, and
building exterior shell, commonly known as the shell and core.

(5) Modifications necessary to comply with current seismic
safety standards.

(6) Expansion of outpatient service facilities that operate under
the LAC-USC Medical Center license.

(d) The revised capital expenditure project may provide for an
additional inpatient service site to the current LAC-USC Medical
Center only if the additional inpatient service site meets both of
the following criteria:

(1) The San Gabriel Valley site is owned and operated by the
County of Los Angeles.

(2) The San Gabriel Valley site is consolidated under the
LAC-USC Medical Center license.

(e) (1) Supplemental reimbursement for the revised capital
expenditure project for LAC-USC Medical Center, as described
in this section, shall be calculated pursuant to subdivision (c) of
Section 14085.5, as authorized and limited by this section. The
initial Medi-Cal inpatient utilization rate for the LAC-USC Medical
Center, for purposes of calculating the supplemental
reimbursement, shall be that which was established at the point of
the original capital expenditure project plan submission. The
revised capital expenditure project costs, including project costs
related to the additional inpatient service site, eligible for
supplemental reimbursement under this section shall not exceed
85 percent of the project costs, including all eligible construction,
architectural and engineering, design, management and consultant
costs that would have qualified for supplemental reimbursement
under the original capital project. The Legislature finds that the
original qualifying amount was one billion two hundred sixty-nine
million seven hundred thirty-five thousand dollars
($1,269,735,000).

(2) Notwithstanding any other provision of this section, any
portion of the revised capital expenditure project for which the
County of Los Angeles is reimbursed by the Federal Emergency
Management Agency and the Office of Emergency Services shall
not be considered eligible project costs for purposes of determining
supplemental reimbursement under Section 14085.5.

(3) The department shall seek a Medicaid state plan amendment
in order to maximize federal financial participation. However, if
the department is unable to obtain federal financial participation
at the Medi-Cal inpatient adjustment rate as described in paragraph
(1), the state shall fully fund any amount that would otherwise be
funded under this section, but for which federal financial
participation cannot be obtained.

(f) The LAC-USC Medical Center shall provide written
notification to the department of the status of the project on or
before January 1 of each year, commencing January 1, 2002. This
notification shall, at a minimum, include a narrative description
of the project, identification of services to be provided,
documentation substantiating service needs, projected construction
timeframes, and total estimated revised capital project costs.

(g) The project, if eligible under the criteria set forth in this
section and Section 14085.5, shall commence construction at both
facilities referred to in subdivision (a) on or before January 1,
2004.

(h) In addition to the requirements of subdivision (f), the project
shall be licensed for operation and available for occupancy on or
before January 1, 2009.

(i) On or before August 15, 2001, the County of Los Angeles
may withdraw any revised final plans that are submitted pursuant
to this section prior to that date if the Board of Supervisors of Los
Angeles County finds that insufficient funds are available to carry
out the capital expenditure project described in this section.

begin delete SEC. 611. end delete
begin insert SEC. 544. end insert   

Section 18275.5 of the Welfare and Institutions
Code is amended to read:

18275.5.  

Unless the context requires otherwise, for purposes
of this chapter:

(a) “Director” means the Director of Emergency Services.

(b) “Office” means the Office of Emergency Services.

begin delete SEC. 612. end delete
begin insert SEC. 545. end insert   

Section 18277 of the Welfare and Institutions Code
is amended to read:

18277.  

The director shall select two child sexual abuse
prevention training centers, one in northern California and the
other in southern California, which shall receive state funds
pursuant to this chapter. The director shall give consideration to
existing demonstration programs relating to the prevention of
sexual abuse of children and may award grant awards on a sole
source basis to the two training centers which he or she selects for
funding. The office shall appraise the performance of the training
centers on an annual basis and determine whether they shall receive
continuation grants.

begin delete SEC. 613. end delete
begin insert SEC. 546. end insert   

Section 18278 of the Welfare and Institutions Code
is amended to read:

18278.  

(a) The office shall make grants to community
nonprofit child sexual abuse treatment programs that are unable
to meet the current demand for their services, pursuant to this
section.

(b) Programs seeking these grants shall apply to the Office of
Criminal Justice Planning in the manner prescribed by the Office
of Criminal Justice. Each award shall be limited to twenty-five
thousand dollars ($25,000). Programs shall be selected based, at
a minimum, on the following criteria:

(1) The program’s inability to meet the public demand for its
services.

(2) The program’s use of the award to maximize the services
provided to clients who would not otherwise be served.

(3) The likelihood that the program will be able to maintain the
new level of service after the funds granted are depleted.

The awards shall be equitably distributed to programs in northern
and southern California. At least one-fourth of the funds shall be
distributed to rural programs.

(c) The office shall fund programs as expeditiously as possible;
program funding shall commence within 90 days after the effective
date of this chapter.

begin delete SEC. 614. end delete
begin insert SEC. 547. end insert   

Section 18278.5 of the Welfare and Institutions
Code is amended to read:

18278.5.  

The office shall enter into contracts with the centers
for the provision of services required by this chapter within four
months of the effective date of this chapter.

begin delete SEC. 615. end delete
begin insert SEC. 548. end insert   

This act shall become operative on July 1, 2013,
except that Sections begin delete 57 and 58 end delete begin insert 54 and 55 end insert of this act, amending
Sections 5240 and 5400 of the Civil Code, respectively, shall
become operative on January 1, 2014.

begin delete SEC. 616. end delete
begin insert SEC. 549. end insert   

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the begin insert California end insert Constitution and shall
go into immediate effect. The facts constituting the necessity are:

To allow the statutes to reflect the changes in law operative on
July 1, 2013, as a result of the effectiveness of the Governor’s
Reorganization Plan No. 2, it is necessary that this act take effect
immediately.