BILL NUMBER: AB 1602 CHAPTERED
BILL TEXT
CHAPTER 24
FILED WITH SECRETARY OF STATE JUNE 27, 2016
APPROVED BY GOVERNOR JUNE 27, 2016
PASSED THE SENATE JUNE 16, 2016
PASSED THE ASSEMBLY JUNE 16, 2016
AMENDED IN SENATE JUNE 13, 2016
AMENDED IN ASSEMBLY APRIL 14, 2016
INTRODUCED BY Committee on Budget (Assembly Members Ting (Chair),
Bloom, Bonta, Campos, Chiu, Cooper, Gordon, Holden, Irwin, McCarty,
Mullin, Nazarian, O'Donnell, Rodriguez, Thurmond, and Williams)
JANUARY 7, 2016
An act to amend Sections 18701, 18703, 18710, 18724, 18731, 18743,
18745, 18766, 70023, 84750.6, 84905, 84917, 84920, 88540, 89290, and
92670 of, to add Section 41329.60 to, to add Article 2.6 (commencing
with Section 66010.96) to Chapter 2 of Part 40 of Division 5 of
Title 3 of, to add Article 4 (commencing with Section 78050) to
Chapter 1 of Part 48 of Division 7 of Title 3 of, and to add Article
7.8 (commencing with Section 92680) to Chapter 6 of Part 57 of
Division 9 of Title 3 of, to add Part 54.3 (commencing with Section
88815) and Part 54.5 (commencing with Section 88820) to Division 7 of
Title 3 of, and to repeal Sections 18732, 18744, 18751, 18765, and
99206 of, the Education Code, to amend Section 13988.4 of, and to add
and repeal Article 6 (commencing with Section 65055) of Chapter 1.5
of Division 1 of Title 7 of, the Government Code, to add Title 12.2
(commencing with Section 14230) to Part 4 of the Penal Code, to amend
Section 10340 of the Public Contract Code, to amend and repeal
Section 9 of Chapter 489 of the Statutes of 2007, and to amend Item
6870-101-0001 of Section 2.00 of the Budget Act of 2015 (Chapters 10
and 11 of the Statutes of 2015), relating to education, and making an
appropriation therefor, to take effect immediately, bill related to
the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 1602, Committee on Budget. Education.
(1) The California Library Services Act establishes the California
Library Services Board and provides that its duties include, among
other things, adopting rules, regulations, and general policies
relating to the implementation of the act.
This bill would revise and recast the act, including, among other
things, removing from the board the powers to annually submit budget
proposals as part of the annual budget of the Department of Education
and to develop formulas for the equitable allocation of
reimbursements to public libraries, as defined, for providing
specified library services.
This bill would appropriate $3,000,000 from the General Fund to
the California State Library for allocation pursuant to the bill. The
bill also would require the California State Library, on or before
September 1, 2017, to submit a specified report on the use of those
funds to the Director of Finance and the Legislature.
(2) Existing law establishes the California Community Colleges,
under the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state. The board appoints a chief executive officer
known as the Chancellor of the California Community Colleges. Under
existing law, community college districts are authorized, among other
things, to maintain and operate campuses, employ faculty and other
employees, and provide instruction to students.
This bill would establish the Zero-Textbook-Cost Degree Grant
Program, which would require the chancellor to award grants to
community college districts that meet specified criteria for
developing and implementing associate degrees and career technical
education certificate programs earned entirely by completing courses
that eliminate conventional textbook costs by using alternative
instructional materials and methodologies. The bill would require the
chancellor, by June 30, 2019, to report to the Legislature, the
Legislative Analyst's Office, and the Department of Finance on the
development and implementation of these degrees and would authorize
the allocation of a portion of the funds appropriated in the annual
Budget Act for the program so that the chancellor's office may
contract with a community college district to administer the program.
This bill would appropriate $7,000,000 from the General Fund to
the board of governors for allocation, for the 2016-17 fiscal year,
to community college districts to enhance network infrastructure
through the Telecommunications and Technology Infrastructure Program
administered by the board of governors. These funds would be applied
toward the minimum funding requirements for the 2015-16 fiscal year
for school districts and community college districts imposed by
Section 8 of Article XVI of the California Constitution.
(3) Existing law authorizes a school district or community college
district to receive an advance of apportionments owed to the
district from the State School Fund and the Education Protection
Account. Existing law requires a school district or community college
district that receives an emergency apportionment to enter into a
lease financing agreement with the California Infrastructure and
Economic Development Bank for the purpose of financing the emergency
apportionment and specifies various terms of the lease. Existing law
appropriates $30,000,000 from the General Fund to the Board of
Governors of the California Community Colleges for apportionment to
the Compton Community College District as an emergency apportionment,
as specified.
This bill would require that the interest rate for those emergency
apportionments made to the Compton Community College District be
2.307% beginning July 1, 2016.
(4) Existing law appropriates $33,100,000 from the General Fund to
the Board of Governors of the California Community Colleges for
faculty and staff development activities and to provide grant funds
to community college districts for improving outcomes of students who
enter college needing at least one course in English as a second
language or basic skills, with particular emphasis on students
transitioning from high school, as specified.
This bill would make the provisions related to the appropriation
inoperative on July 1, 2018, and would repeal it as of January 1,
2018.
This bill would establish the Student Success for Basic Skills
Program to be administered by the Chancellor of the California
Community Colleges. The bill would require the Board of Governors of
the California Community Colleges to allocate funds, provided in the
annual Budget Act for the Student Success for Basic Skills Program,
for faculty and staff development activities and to provide grant
funds to community college districts for improving outcomes of
students who enter college needing at least one course in English as
a second language or basic skills, with particular emphasis on
students transitioning from high school, as specified. The bill
would, in order to be eligible to receive grant funds, require a
community college district to submit to the office of the Chancellor
of the California Community Colleges an application containing
specified information. The bill would require the chancellor to
distribute grant funds to community college districts based on
certain weighted factors. The bill would require the office of the
chancellor to consult with the Department of Finance and the
Legislative Analyst to develop and recommend annual accountability
measures for the program. The bill would, on or before March 15,
2020, require the office of the Chancellor of the California
Community Colleges, in consultation with the Department of Finance
and the Legislative Analyst's Office, to report on the effectiveness
of the factors used to allocate funding under this program in
improving outcomes for students requiring remediation. These
provisions would become operative on July 1, 2017.
(5) Existing law provides, in calculating each community college
district's revenue level each fiscal year, that the Board of
Governors of the California Community Colleges shall subtract, from
the total revenues owed, certain amounts, including certain amounts
received pursuant to certain provisions of existing law relating to
redevelopment that, for purposes of community college revenue levels,
are considered to be from property tax revenues.
This bill would appropriate, for the 2016-17 fiscal year,
$31,695,000 from the General Fund to the board of governors for
allocation to community college districts to backfill a projected
shortfall in specified revenues for these districts. The bill would
require the Director of Finance to determine the need for the
backfill, as specified, and notify the Chairperson of the Joint
Legislative Budget Committee, or his or her designee, of the amount
needed to address the revenue shortfall. The bill would allocate any
funds remaining from this appropriation after final calculation of
the amount of the shortfall to the reimbursement of state-mandated
local program costs of community college districts. The bill would
authorize the Chancellor of the California Community Colleges to
disburse the amount determined and to work with the Controller to
allocate the funds to districts. This appropriation would be applied
toward the minimum funding requirements for the 2015-16 fiscal year
for school districts and community college districts imposed by
Section 8 of Article XVI of the California Constitution, as
specified.
(6) Existing law establishes the California Distance Learning
Policy, which sets forth the guiding goal and principles for the
utilization of technology in postsecondary education.
This bill would appropriate $20,000,000 from the General Fund to
the Board of Governors of the California Community Colleges for
allocation to community college districts to expedite and enhance the
adaptation and development of courses that are available through the
online course exchange of the Online Education Initiative. This
appropriation would be applied toward the minimum funding
requirements for school districts and community college districts
imposed by Section 8 of Article XVI of the California Constitution
for the 2014-15 fiscal year, as specified.
(7) Existing law establishes the California Community Colleges,
under the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state. Existing law establishes community college
districts throughout the state and authorizes them to operate
campuses and provide instruction to students.
This bill would establish the Awards for Innovation in Higher
Education Program, under the administration of the Committee on
Awards for Innovation in Higher Education, composed of specified
members, to award funds appropriated for the program in the Budget
Act of 2016 to community colleges for implementing innovations that
reduce the time it takes students to complete degrees and credentials
or reduce the total cost of attendance for students, as specified.
This bill would also establish the Strong Workforce Program, to
provide funding to career technical education regional consortia made
up of community college districts. The program would require
consortia to collaborate with local educational agencies and other
interested bodies that meet certain requirements for purposes of
expanding the availability of quality community college career
technical education and workforce development courses, programs,
pathways, credentials, certificates, and degrees for community
college students. The bill would authorize a portion of funds
appropriated for the program to be allocated by the board of
governors to a community college district for purposes of
administering and improving the program, as provided. The bill would
require the chancellor's office, among other things, to (A) implement
performance accountability outcome measures for the program, (B)
post on its Internet Web site regional plans required under the
program, along with updates to those plans, (C) solicit feedback from
each consortium on recommendations for improving the program, and
(D) report, commencing in 2018, to the Legislature by the January 1
immediately subsequent to the fiscal year that the report addresses,
data summarizing the performance accountability outcome measures, a
summary of the recommendations received from consortia, and
recommendations for future allocations to consortia, as specified.
(8) Existing law requires the Board of Governors of the California
Community Colleges to provide the San Francisco Community College
District with certain revenues in the 2014-15, 2015-16, and 2016-17
fiscal years if the number of full-time equivalent students (FTES) of
the community college district decreases from the 2012-13 fiscal
year and certain conditions are satisfied, including that the board
of governors finds the community college district or one of its
campuses is in imminent jeopardy of losing its accreditation.
This bill would provide that for 5 fiscal years beginning with the
2017-18 fiscal year, the San Francisco Community College District
shall be entitled to restoration of any reduction in apportionment
revenue due to decreases in FTES if there is a subsequent increase in
FTES.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the San Francisco Community
College District.
(9) Existing law establishes the Adult Education Block Grant
Program under the administration of the Chancellor of the California
Community Colleges and the Superintendent of Public Instruction. The
program requires the chancellor and the Superintendent, with the
advice of the Executive Director of the State Board of Education, to
divide the state into adult education regions and approve one adult
education consortium in each adult education region, as specified.
Existing law requires the chancellor and the Superintendent, with
the advice of the executive director, to approve, for each
consortium, rules and procedures that adhere to prescribed
conditions. Existing law authorizes the members of the consortium to
designate a member to serve as the fund administrator to receive and
distribute funds from the program.
This bill would add to these rules and procedures a requirement
that, in its decisionmaking process, the consortium consider input
provided by pupils, teachers employed by local educational agencies,
community college faculty, principals, administrators, classified
staff, and the local bargaining units of the school districts and
community college districts before it makes a decision. The bill
would require a member, if chosen to be the fund administrator, to
commit to developing a process to apportion funds to each member of
the consortium pursuant to the consortium's plan within 45 days of
receiving funds appropriated for the program.
(10) Existing law requires, as a condition for the receipt of an
apportionment of funds from the Adult Education Block Grant Program
for a fiscal year, that members of a consortium, approved for the
program, approve an adult education plan, as specified. Existing law
requires the Chancellor of the California Community Colleges and the
Superintendent of Public Instruction to report to the Director of
Finance, the State Board of Education, and the Legislature, by
September 30 following any fiscal year for which funds are
appropriated for the program, about the use of these funds and
outcomes for adults statewide and in each adult education region
established under the program. Existing law requires the chancellor
and the Superintendent to establish common assessments and policies
regarding placement of adults seeking education and workforce
services into adult education programs, as specified.
This bill would require the chancellor and the Superintendent to
submit preliminary reports on or before October 30 following each
fiscal year for which funds are appropriated, and final reports on or
before February 1 of the following year, about the use of available
funds and outcomes for adults statewide and in each adult education
region. The bill, no later than August 1, 2017, would require the
chancellor and the Superintendent to report to the Director of
Finance, the State Board of Education, and the appropriate policy and
fiscal committees of the Legislature on options for integrating the
assessments described above into a specified common assessment
system, compliance of the assessments with federal and state funding
requirements for adult education programs, estimated costs and
timelines for the assessments, and changes in policies that may be
needed to avoid duplicate assessments.
This bill would appropriate, for the 2016-17 fiscal year,
$5,000,000 from the General Fund to the Chancellor of the California
Community Colleges for allocation. For this purpose, the bill would
require the chancellor and the Superintendent to jointly select a
community college district, school district, county office of
education, or adult education consortium to provide statewide
leadership, as defined, for community college districts and local
educational agencies participating in the Adult Education Block Grant
Program. The bill would provide that the selected community college
district or local educational agency would expend funds received to
support the statewide leadership activities identified in the bill
and to provide leadership activities in the 2016-17, 2017-18, and
2018-19 fiscal years.
This appropriation would be applied toward the minimum funding
requirements for the 2016-17 fiscal year for school districts and
community college districts imposed by Section 8 of Article XVI of
the California Constitution.
(11) Existing law establishes the Career Technical Education
Pathways Program, which requires the Chancellor of the California
Community Colleges and the Superintendent of Public Instruction to
assist economic and workforce regional development centers and
consortia, community colleges, middle schools, high schools, and
regional occupational centers and programs to improve linkages and
career technical education pathways between high schools and
community colleges, as specified. Existing law provides that the
program becomes inoperative on July 1, 2016, and as of January 1,
2017, is repealed, unless a later enacted statute that becomes
operative on or before January 1, 2017, deletes or extends the dates
on which the program becomes inoperative and is repealed.
This bill would change the dates on which the program becomes
inoperative and is repealed to July 1, 2017, and January 1, 2018,
respectively. This bill would therefore extend the operation of the
program by one year.
(12) Existing law requires the University of California and the
California State University to report biennially to the Legislature
and the Department of Finance on their respective total costs of
education, as specified.
This bill would require the University of California and the
California State University to include in these reports information
on their costs based on the methodology developed by the National
Association of College and University Business Officers in its
February 2002 report and other methodologies determined by the
university. The bill would fix 2 cross references.
(13) Existing law establishes the Middle Class Scholarship Program
under the administration of the Student Aid Commission. Existing law
requires $116,000,000 for the 2016-17 fiscal year and $159,000,000
for the 2017-18 fiscal year to be transferred, upon order of the
Director of Finance, from the General Fund to the Middle Class
Scholarship Fund. Existing law appropriates these moneys to the
commission for allocation pursuant to the Middle Class Scholarship
Program.
This bill would reduce the amounts for transfer and appropriation
for the Middle Class Scholarship Fund to $74,000,000 for the 2016-17
fiscal year and $117,000,000 for the 2017-18 fiscal year, thereby
making an appropriation.
(14) The California Constitution provides that the University of
California constitutes a public trust administered by the Regents of
the University of California, a corporation in the form of a board,
with full powers of organization and government, subject to
legislative control only for specified purposes. Existing law defines
"unduplicated pupils" as any pupil who is an English language
learner, foster youth, or eligible for free or reduced-price meals.
This bill would require the university, if funds are appropriated
in the Budget Act of 2016 to the university, to adopt a plan to
improve the university's admission, enrollment, and graduation of
students who were enrolled in schools identified by the
Superintendent of Public Instruction as having at least 75% of the
school's total enrollment in grades 9 to 12, inclusive, consist of
unduplicated pupils. The bill would require the university to submit
to the Director of Finance and the Legislature an evaluation of the
costs and benefits of providing application fee waivers for these
students by no later than December 15, 2016. Commencing in 2017, the
bill would require the university to submit to the director and the
Legislature the number of these students who were admitted and who
were enrolled, disaggregated by campus, by no later than November 30
of each year.
Existing law, until June 30, 2017, requests the Regents of the
University of California, with the approval of the Concurrence
Committee, to establish and maintain cooperative endeavors designed
to accomplish specified purposes related to teacher professional
development.
This bill would extend the operation of these provisions relating
to teacher professional development indefinitely.
(15) Existing law establishes and funds various research centers
and programs in conjunction with the University of California.
This bill would enact the California Firearm Violence Research
Act. The bill would declare the intent of the Legislature that the
Regents of the University of California establish and administer a
Firearm Violence Research Center to research firearm-related
violence. The bill would declare the intent of the Legislature
regarding the principles by which the university would administer the
center and award research funds, as prescribed. The bill would state
the intent of the Legislature that the university report, on or
before December 31, 2017, and every 5 years thereafter, specified
information regarding the activities of the center and information
pertaining to research grants. The bill would require the center and
the grant recipients to provide copies of their research publications
to the Legislature and specified agencies. The bill would specify
that its provisions would apply to the university only to the extent
that the regents, by resolution, make any of the provisions of the
bill applicable to the university.
(16) The Budget Act of 2015 appropriated specified funds to the
Board of Governors of the California Community Colleges for
increasing the number of full-time faculty within the community
college system. The act required these funds to be allocated to all
community college districts on a specified basis by modifying each
district's budget formula.
This bill would amend the Budget Act of 2015 to require all
community college districts, including districts that have offsetting
local revenues that exceed the funding calculated pursuant to the
district's budget formula, to receive this funding.
(17) Existing law requires the California State University, and
requests the University of California, to establish a model uniform
set of academic standards for high school courses for purposes of
recognition for admission to the California State University and to
the University of California, respectively. These uniform set of
academic standards are commonly referred to as the "a-g" subject
requirements.
This bill would establish the A-G Success Initiative and would
appropriate the sum of $4,000,000 from the General Fund to the
University of California to be used for the development of online
classes and curriculum for at least 45 middle and high school courses
that would be aligned with the academic content and state standards
adopted by the State Board of Education and approved by the
University of California for purposes of satisfying the "a-g" subject
requirements. The bill would condition the receipt of these moneys
on the University of California soliciting comments from the
representatives of local educational agencies regarding the specific
online classes and curriculum to be developed, submitting a report,
no later than January 1, 2017, to the Legislature and specified
persons on the specific online classes and curriculum selected for
development, making the developed online classes and curriculum
available no later than January 1, 2018, and conducting outreach
specifically to pupils from groups underrepresented in higher
education regarding options for satisfying the "a-g" subject
requirements. The bill would require that the developed online
classes and curriculum be free for California public school pupils
and teachers.
(18) Existing law, commencing with the 2013-14 academic year,
requires the California State University to report, by March 15 of
each year, on specified performance measures, including various
calculations of graduation rates, for the preceding academic year.
This bill would appropriate $35,000,000 from the General Fund to
the Trustees of the California State University upon the trustees
taking, by September 30, 2016, specified actions to improve the
4-year graduation rate and the 2-year transfer graduation rate at the
university, including actions to improve those graduation rates for
low-income students, underrepresented minority students, and
first-generation college students. To receive this appropriation, the
bill would require the trustees to commit to submitting reports, at
least annually, to the Director of Finance and the Legislature
regarding progress in improving its 4-year graduation rates and
2-year transfer graduation rates.
The bill would require, by no later than November 30, 2016, the
trustees to identify and report to the director and the Legislature
state laws that impede the university from improving its 4-year
graduation rates and the 2-year graduation rates.
(19) Existing law establishes the Office of Planning and Research
in the Governor's Office that constitutes the comprehensive state
planning agency and serves the Governor and his or her Cabinet as
staff for long-range planning or research.
This bill would establish, until January 1, 2020, the California
Initiative to Advance Precision Medicine in the office for the
purpose of developing, implementing, awarding funding to, and
evaluating demonstration projects on precision medicine in
collaboration with public, nonprofit, and private entities, as
specified. The bill would specify criteria that would make a project
eligible to receive funds, and would require the office to develop
and post on a publicly available Internet Web site guidelines
regarding the application for and use of awarded funds. The bill
would require the office to establish standards that require a grant
to be subject to an intellectual property agreement, as specified.
The bill would require the office to annually report to the
Legislature to update and provide evaluations on selected
demonstration projects, as specified. The bill would authorize the
office to receive nonstate funds in furtherance of the initiative,
and would authorize up to 30 percent of any amount appropriated to
the office for precision medicine to be held by the office until an
equivalent amount of nonstate matching funds is identified and
received. The bill would authorize the office to use up to 10% of any
amount appropriated to the office for precision medicine for
administrative costs.
The bill would require the office to recruit a precision medicine
expert selection committee to represent various precision
medicine-related skills and would authorize the Legislature to make
nominations for the selection committee to the office for
consideration. The bill, except as specified, would require the
selection committee to comply with the Bagley-Keene Open Meeting Act.
The bill would require the selection committee to report on the
award of funding as prescribed and post the report on the Internet
Web site.
Existing law authorizes the Department of General Services to
carry out various powers and duties relating to assisting a state
agency in the management and development of intellectual property
developed by state employees or with state funding.
This bill
would provide that those provisions do not apply to an intellectual
property agreement entered into by the initiative.
Existing law generally requires state agencies to obtain at least
3 competitive bids for each contract for services. Under existing
law, this requirement does not apply under certain circumstances,
including, until January 1, 2019, to a subcontract for the limited
purpose of researching or developing precision medicine included in
an interagency agreement that is in effect pursuant to an amount
appropriated to the office under a specific budget item, including a
contract between the office, the Regents of the University of
California, or an auxiliary organization of the California State
University.
This bill would extend that competitive bidding exemption until
January 1, 2020, and expand the exemption to include such a
subcontract in an interagency agreement in effect pursuant to an
amount appropriated to the office for precision medicine.
Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
(20) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18701 of the Education Code is amended to read:
18701. The Legislature finds and declares that it is in the
interest of the people of the state to ensure that all people have
free and convenient access to all library resources and services that
might enrich their lives, regardless of where they live or of the
tax base of their local government. This finding is based on the
recognition that:
(a) The public library is a primary source of information,
recreation, and education to persons of all ages, any location, or
any economic circumstance.
(b) The expansion of knowledge and the increasing complexity of
our society creates a need for materials and information that goes
beyond the ability of any one library to provide.
(c) The public libraries of California are supported primarily by
local taxes. The ability of local governments to provide adequate
service is dependent on the taxable wealth of each local jurisdiction
and varies widely throughout the state.
(d) Public libraries are unable to bear the greater costs of
meeting the exceptional needs of many residents, including people
with disabilities, non-English-speaking and limited-English-speaking
persons, those who are confined to home or in an institution, and
those who are economically disadvantaged.
(e) The effective sharing of resources and services among the
libraries of California requires an ongoing commitment by the state
to promote access to information in both print and digital format.
SEC. 2. Section 18703 of the Education Code is amended to read:
18703. In adopting this chapter, the Legislature declares that
its policy shall be as follows:
(a) To reaffirm the principle of local control of the government
and administration of public libraries, and to affirm that the
provisions of this chapter apply only to libraries authorized by
their jurisdictions to apply to participate in the programs
authorized by this act.
(b) To require no library, as a condition for receiving funds or
services under this chapter, to acquire or exclude any specific book,
periodical, film, recording, picture, or other material, or any
specific equipment, or to acquire or exclude any classification of
books or other material by author, subject matter, or type.
(c) To encourage the adequate financing of libraries from local
sources, with state aid to be furnished to supplement, not supplant,
local funds.
(d) To encourage service to the underserved of all ages.
(e) To encourage and enable the sharing of resources between
libraries.
(f) To ensure public participation in carrying out the intent of
this act.
SEC. 3. Section 18710 of the Education Code is amended to read:
18710. As used in this chapter, the following terms have the
following meanings, unless the context otherwise indicates or unless
specific exception is made:
(a) "Academic library" means a library established and maintained
by a college or university to meet the needs of its students and
faculty, and others by agreement.
(b) "Act" means the California Library Services Act.
(c) "Cooperative library system" means a public library system
that consists of two or more jurisdictions entering into a written
agreement to implement a regional program in accordance with this
chapter, and that, as of the effective date of this chapter, was
designated a library system under the Public Library Services Act of
1963 or was a successor to that library system.
(d) "Direct loan" means the lending of a book or other item
directly to a borrower.
(e) "Equal access" means the right of the residents of
jurisdictions that are members of a cooperative library system to use
on an equal basis with one another the services and loan privileges
of any and all other members of the same system.
(f) "Independent public library" means a public library that is
not a member of a system.
(g) "Interlibrary loan" means the lending of a book or other item
from one library to another as the result of a user request for the
item.
(h) "Jurisdiction" means a county, city and county, city, or any
district that is authorized by law to provide public library services
and that operates a public library.
(i) "Libraries for institutionalized persons" means libraries
maintained by institutions for the purpose of serving their resident
populations.
(j) "Public library" means a library, or two or more libraries,
that is operated by a single public jurisdiction and that serves its
residents free of charge.
(k) "School library" means an organized collection of printed and
audiovisual materials that satisfies all of the following criteria:
(1) Is administered as a unit.
(2) Is located in a designated place.
(3) Makes printed, audiovisual, and other materials as well as
necessary equipment and services of a staff accessible to elementary
and secondary school pupils and teachers.
( l ) "Special library" means one maintained by an
association, government service, research institution, learned
society, professional association, museum, business firm, industrial
enterprise, chamber of commerce, or other organized group and the
greater part of their collections being in a specific field or
subject, such as natural sciences, economics, engineering, law, and
history.
(m) "Special Services Programs" means a project establishing or
improving service to the underserved of all ages.
(n) "State board" means the California Library Services Board.
(o) "System" means a cooperative library system.
(p) "Underserved" means any population segment with exceptional
service needs not adequately met by traditional library service
patterns, including, but not limited to, those persons who are
geographically isolated, economically disadvantaged, functionally
illiterate, of non-English-speaking or limited-English-speaking
ability, homebound, or institutionalized, or who are persons with
disabilities.
(q) "Universal borrowing" means the extension by a public library
of its direct loan privileges to the eligible borrowers of all other
public libraries.
SEC. 4. Section 18724 of the Education Code is amended to read:
18724. The duties of the state board shall be to adopt rules,
regulations, and general policies for the implementation of this
chapter. In addition, the state board, consistent with the terms and
provisions of this chapter, shall have the following powers and
duties:
(a) To direct the State Librarian in the administration of this
chapter.
(b) To review for its approval all annual proposals submitted
under this chapter.
(c) To expend the funds appropriated for the purpose of
implementing the provisions of this chapter.
(d) To require participating libraries and systems to prepare and
submit any reports and information that are necessary to carry out
the provisions of this chapter, and to prescribe the form and manner
for providing those reports and information.
(e) To require that any public library participating in programs
authorized by this chapter provide access to its bibliographic
records and materials location information consistent with the
legislative policy of encouraging the sharing of resources between
libraries.
SEC. 5. Section 18731 of the Education Code is amended to read:
18731. A California public library may participate in universal
borrowing. A public library participating in universal borrowing
shall not exclude the residents of any jurisdiction maintaining a
public library.
SEC. 6. Section 18732 of the Education Code is repealed.
SEC. 7. Section 18743 of the Education Code is amended to read:
18743. Each member library of a system shall provide equal access
to all residents of the area served by the system.
SEC. 8. Section 18744 of the Education Code is repealed.
SEC. 9. Section 18745 of the Education Code is amended to read:
18745. Each system shall annually apply to the state board for
funds for intrasystem communications and delivery and resource
sharing. Proposals shall be based upon the most cost-effective
methods of exchanging print and digital materials and information
among the member libraries.
SEC. 10. Section 18751 of the Education Code is repealed.
SEC. 11. Section 18765 of the Education Code is repealed.
SEC. 12. Section 18766 of the Education Code is amended to read:
18766. The state board shall establish and maintain a statewide
communications and delivery and resource-sharing network between and
among systems, state reference centers, independent public libraries,
and all other libraries participating in the programs authorized by
this act.
SEC. 13. Section 41329.60 is added to the Education Code, to read:
41329.60. Notwithstanding any other law, beginning July 1, 2016,
the interest rate on any outstanding General Fund emergency
apportionments made to the Compton Community College District
pursuant to Section 41329.52 or 41329.58 shall be 2.307 percent. All
other terms of those emergency apportionments shall remain the same.
SEC. 14. Article 2.6 (commencing with Section 66010.96) is added
to Chapter 2 of Part 40 of Division 5 of Title 3 of the Education
Code, to read:
Article 2.6. Awards for Innovation in Higher Education Program
66010.96. (a) This article shall be known, and may be cited, as
the Awards for Innovation in Higher Education Program.
(b) The Awards for Innovation in Higher Education Program is
hereby established to award funds appropriated for the program.
(c) The Committee on Awards for Innovation in Higher Education
shall award funds appropriated for the program.
(d) The committee shall consist of the following members:
(1) The Director of Finance, or his or her designee, who shall
serve as the chairperson of the committee.
(2) Four members appointed by the Governor.
(3) One member appointed by the Speaker of the Assembly.
(4) One member appointed by the Senate Committee on Rules.
(e) The Department of Finance shall serve as staff to the
committee.
(f) Members of the committee shall serve without compensation, but
the committee may reimburse members for necessary expenses incurred
in the discharge of their duties.
(g) Actions taken to implement the provisions of this section by
the Department of Finance, or the committee, shall not be subject to
provisions of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
(h) Any contract executed to implement the provisions of this
section shall not be subject to the provisions of Chapter 1
(commencing with Section 10100) of Part 2 of Division 2 of the Public
Contract Code, or Article 6 (commencing with Section 999) of Chapter
6 of Division 4 of the Military and Veterans Code.
(i) For purposes of Section 1090 of the Government Code, members
of the committee shall not be deemed to be interested in any
contract, including any award of funds by the committee, pursuant to
this section.
(j) The committee shall develop administrative guidelines and
other requirements for purposes of administering the program.
66010.97. (a) The Committee on Awards for Innovation in Higher
Education shall use funds appropriated in Item 6910-102-0001 of
Section 2.00 of the Budget Act of 2016 to make awards pursuant to
this section.
(b) Moneys shall be awarded for innovations that reduce the time
it takes students to complete degrees and credentials or reduce the
total cost of attendance for students, or both, through any of the
following:
(1) Redesign of curriculum and instruction, such as implementation
of three-year degrees.
(2) Programs that allow students to make progress toward
completion of degrees and credentials based on demonstration of
knowledge and competencies, including military training, prior
learning, and prior experiences.
(3) Programs that make financial aid more accessible, including by
increasing the number of students who apply for financial aid, or
that reduce the costs of books and supplies.
(c) The committee shall make an award only to a community college,
but the award may be for innovations that encourage or require
partnership between the community college and other entities.
(d) The committee shall give preference, when making awards, to
innovations that do at least one of the following:
(1) Improve the outcomes described in subdivision (b) for students
from groups that are underrepresented in higher education, such as
low-income students, underrepresented minority students,
first-generation students, students who are current or former foster
youth, students with disabilities, and students who are veterans.
(2) Use technology in ways that are not common in higher education
to improve the outcomes described in subdivision (b).
SEC. 15. Section 70023 of the Education Code is amended to read:
70023. (a) For each academic year, the commission shall determine
an amount sufficient, when combined with other federal, state, or
institutionally administered student grants or fee waivers received
by eligible students from other sources, to provide scholarships to
eligible students in the amounts described in paragraphs (2) and (3)
of subdivision (a) of Section 70022. The University of California and
the California State University shall provide the commission with
any financial aid data that are necessary for the determination of
these amounts.
(b) The commission shall annually determine if the amounts
appropriated under this section in each fiscal year are sufficient to
cover the costs of the scholarships as projected to be awarded
pursuant to the program. If those amounts are not sufficient for this
purpose, the scholarships shall be reduced proportionately by an
equal percentage for all recipients of scholarships under this
article.
(c) The commission may adopt regulations necessary to carry out
the purposes of this article under subdivision (b) 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. For
purposes of the Administrative Procedure Act, including Section
11349.6 of the Government Code, the adoption of those regulations
shall be deemed to be an emergency and necessary for the immediate
preservation of the public peace, health and safety, or general
welfare, notwithstanding subdivision (e) of Section 11346.1 of the
Government Code. Notwithstanding subdivision (e) of Section 11346.1
of the Government Code, any regulation adopted pursuant to this
section shall not remain in effect more than 180 days unless the
commission complies with all provisions of Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, as required by subdivision (e) of Section 11346.1 of
the Government Code.
(d) The unencumbered balance, as of June 30 of each fiscal year,
of the amount appropriated from the Middle Class Scholarship Fund
pursuant to paragraph (1) of subdivision (e) shall revert to the
General Fund.
(e) (1) Upon order of the Director of Finance, the following
amounts shall be transferred from the General Fund to the Middle
Class Scholarship Fund, and are hereby appropriated to the commission
for allocation pursuant to this article:
(A) For the 2014-15 fiscal year, one hundred seven million dollars
($107,000,000).
(B) For the 2015-16 fiscal year, eighty-two million dollars
($82,000,000).
(C) For the 2016-17 fiscal year, seventy-four million dollars
($74,000,000).
(D) For the 2017-18 fiscal year and for each fiscal year
thereafter, one hundred seventeen million dollars ($117,000,000).
(2) An annual appropriation to the commission is hereby
established in the amounts and for the fiscal years described in
paragraph (1) to carry out the purposes of this section and Section
70022.
(3) It is the intent of the Legislature that any savings realized
from changes made to the allocations under this subdivision by a bill
providing for appropriations related to the Budget Bill for the
2015-16 fiscal year shall be used to support higher education.
(4) The funds transferred and appropriated pursuant to paragraph
(1) shall only be available for encumbrance in the fiscal year in
which they are transferred, and the General Fund shall have no
liability or any obligation beyond the transfers explicitly
authorized in paragraph (1) unless a subsequent transfer or
allocation is required pursuant to statute.
(5) In any fiscal year, additional appropriations may be enacted
pursuant to statute to carry out the purposes of this article.
(6) (A) Beginning with the Governor's Budget proposal for the
2014-15 fiscal year, and in the Governor's Budget for each fiscal
year thereafter, the Department of Finance shall include a fund
condition statement for the Middle Class Scholarship Fund for the
fiscal year of the proposed budget and the two immediately preceding
fiscal years prepared in accordance with existing law.
(B) Upon order of the Director of Finance and commencing with the
2013-14 fiscal year, if the May Revision projects a budget deficit
for the next fiscal year, the amount specified in paragraph (1) for
the fiscal year for which the budget deficit is projected may be
reduced by up to 33 percent.
(f) Subject to an appropriation in the annual Budget Act for its
purposes, the commission may begin implementation of, and establish
outreach services relating to, this article.
SEC. 16. Article 4 (commencing with Section 78050) is added to
Chapter 1 of Part 48 of Division 7 of Title 3 of the Education Code,
to read:
Article 4. Zero-Textbook-Cost Degree Grant Program
78050. This act shall be known, and may be cited, as the
Zero-Textbook-Cost Degree Grant Program.
78051. The Zero-Textbook-Cost Degree Grant Program is hereby
established to reduce the overall cost of education for students and
decrease the time it takes students to complete degree programs
offered by community colleges.
78052. (a) It is the intent of the Legislature that community
college districts develop and implement zero-textbook-cost degrees to
reduce the overall cost of education for students and decrease the
time it takes students to complete degree programs.
(b) For purposes of this section, the following terms have the
following meanings:
(1) "Chancellor" means the Chancellor of the California Community
Colleges.
(2) "Chancellor's office" means the Office of the Chancellor of
the California Community Colleges.
(3) "Degree" means a zero-textbook-cost degree.
(4) "Open educational resources" means high-quality teaching,
learning, and research resources that reside in the public domain or
have been released pursuant to an intellectual property license that
permits their free use and repurposing by others, and may include
other resources that are legally available and free of cost to
students. Open educational resources include, but are not limited to,
full courses, course materials, modules, textbooks, faculty-created
content, streaming videos, tests, software, and any other tools,
materials, or techniques used to support access to knowledge.
(5) "Zero-textbook-cost degrees" means community college associate
degrees or career technical education certificates earned entirely
by completing courses that eliminate conventional textbook costs by
using alternative instructional materials and methodologies,
including open educational resources. Discretionary student printing
of instructional materials shall not be considered a cost as part of
this program.
(c) Of the funding appropriated in the annual Budget Act to
develop and implement degrees, the chancellor shall distribute grants
of up to two hundred thousand dollars ($200,000) to a community
college district for each degree developed and implemented within the
district that contributes to the overall elimination of textbook
costs for students and aligns with the conditions for receipt of
funds specified in subdivision (d). The chancellor's office shall
ensure that a grant does not result in the development or
implementation of duplicate degrees for a subject matter to avoid
duplication of effort and ensure the development and implementation
of the greatest number of degrees for the benefit of the greatest
number of students. The chancellor's office may distribute the grants
in phases, including a planning phase and an implementation phase.
(d) As a condition of receiving funding appropriated in the annual
Budget Act to develop and implement degrees, a community college
district shall comply with all of the following:
(1) Develop and implement a degree from an existing associate
degree or develop and implement a new or existing career technical
education certificate program, that has high value in the regional
market, as a zero-textbook-cost certificate program.
(2) In complying with paragraph (1), prioritize the development
and implementation of a degree from an existing associate degree for
transfer and, to the extent possible, prioritize the adaption of
existing open educational resources through existing open educational
resources initiatives, or elsewhere, before creating new content.
(3) Develop degrees with consideration for sustainability after
grant funding is exhausted, including how content is updated and
presented.
(4) Ensure compliance with the federal Americans with Disabilities
Act (Public Law 104-197) and the federal Copyright Act of 1976
(Public Law 94-553).
(5) Develop and implement a minimum of one degree for each grant
received.
(6) Develop and implement a degree that other community college
districts can use or adapt, and post each degree, and the contents of
the degree, on the online clearinghouse of information established
pursuant to Item 6870-101-0001 of the Budget Act of 2016, or a
successor Internet Web site. All open educational resources used as
learning materials for a degree developed pursuant to this section
shall be added to the California Digital Open Source Library
established in Section 66408. Testing and assessment materials posted
online pursuant to this paragraph shall be safeguarded to maintain
the integrity of those materials. This paragraph shall not be
construed to prohibit faculty from providing sample test and
assessment materials to students.
(7) Ensure faculty shall have flexibility to update and customize
degree content as necessary within the parameters of this program.
(8) Ensure that the degree developed and implemented is clearly
identified in college catalogs and in class schedules.
(9) Provide the chancellor with all planning and outcome
information that the chancellor determines necessary.
(10) Consult with the local academic senate of a college that
would implement a degree.
(11) Use a multimember team approach, to develop and implement a
degree pursuant to this section, that includes faculty, college
administrators, and other content-focused staff, including, but not
limited to, librarians, instructional designers, and technology
experts, from the campus that would implement the degree, other
colleges of the community college system, and interested campuses of
the California State University and the University of California.
Grant recipients may use funds to obtain professional development and
technical assistance to assist in the development of degrees.
(12) Strive to implement degrees by the first term of the 2018-19
academic year, or sooner, as determined by the chancellor's office.
(e) (1) The chancellor shall, by June 30, 2019, report to the
Legislature, the Legislative Analyst's Office, and the Department of
Finance on the development and implementation of degrees, including,
but not limited to:
(A) The number of degrees developed and implemented within each
district disaggregated by college.
(B) The estimated annual savings to students.
(C) The number of students who completed a zero-textbook-cost
degree program.
(D) Recommendations to increase, expand, or improve the offering
of degrees.
(2) A report pursuant to paragraph (1) shall be submitted to the
Legislature in compliance with Section 9795 of the Government Code.
(f) (1) Of the funds appropriated in the annual Budget Act for
this program, up to 10 percent of the appropriation may be allocated
by the chancellor's office to contract with a community college
district to administer this program.
(2) The contract between the chancellor's office and the district
shall reflect all of the following:
(A) The programmatic and administrative responsibilities that will
be delegated to the district, including the programmatic
requirements identified in subdivisions (c), (d), and (e).
(B) A requirement that the contracting district provide prebid
conferences, either in person or via webinar, for interested grant
applicants.
(C) Technical assistance to grant applicants and grantees.
(3) The contracting district may apply for, and receive, a grant
to develop and implement a degree and have employees and
administrators of the district participate as part of a multimember
team approach pursuant to paragraph (11) of subdivision (d). To be
eligible to receive a grant, the district shall maintain appropriate
and transparent internal controls and processes to ensure that the
district's contracted duties and responsibilities are clearly
delineated, identified, and distinguished from the duties and
responsibilities conferred upon the district as a grant applicant and
recipient.
(4) Upon request of the chancellor's office, the contracted
district shall provide the chancellor's office with an update on the
status of the development and implementation of each degree within
the district.
(5) Notwithstanding any other law, a contract between the
chancellor's office and a community college district for purposes of
this subdivision is not subject to any competitive bidding
requirements of Section 10340 of the Public Contract Code for the
limited purpose of administering the program pursuant to this
subdivision.
(g) Of the funds appropriated in the annual Budget Act for this
program, funds not awarded in the 2016-17 fiscal year may be awarded
in the 2017-18 fiscal year.
(h) The chancellor's office shall award an initial round of grants
no later than January 1, 2017.
SEC. 17. Section 84750.6 of the Education Code is amended to read:
84750.6. (a) Notwithstanding Section 84750.5, the board of
governors shall provide the San Francisco Community College District
with revenues, as specified in subdivision (b), if, on the effective
date of the act that adds this section, both of the following
conditions are satisfied:
(1) The board
of governors finds that the community college district or a campus of
the community college district is in imminent jeopardy of losing its
accreditation.
(2) The board of governors has exercised its authority pursuant to
Section 84040 of this code and Section 58312 of Title 5 of the
California Code of Regulations as that regulation read on April 15,
2014.
(b) If the number of full-time equivalent students (FTES) of the
community college district decreases from the number in the 2012-13
fiscal year, the board of governors shall provide revenues to the
community college district, as follows:
(1) For the 2014-15 fiscal year, an amount not less than the total
amount that the community college district would receive if the
level of attendance of FTES was the same level of attendance as in
the 2012-13 fiscal year.
(2) For the 2015-16 fiscal year, an amount not less than 95
percent of the total amount that the community college district would
receive if the level of attendance of FTES was the same level of
attendance as in the 2012-13 fiscal year.
(3) (A) For the 2016-17 fiscal year, an amount not less than 90
percent of the total amount that the community college district would
receive if the level of attendance of FTES was the same level of
attendance as in the 2012-13 fiscal year.
(B) Funds shall be provided under this paragraph only if the
Fiscal Crisis Management Assistance Team makes a finding no sooner
than April 1, 2016, that the San Francisco Community College District
is meeting or exceeding all of the following benchmarks:
(i) Effective fiscal controls and systems are in place.
(ii) The City College of San Francisco has, and is adhering to,
prudent fiscal policies and practices, as corroborated by an analysis
of multiyear projections of no less than three fiscal years
commencing with the 2016-17 fiscal year.
(iii) The City College of San Francisco is applying resources in
accordance with a budget plan approved by the special trustee.
(iv) The City College of San Francisco is maintaining appropriate
fiscal reserves.
(v) The City College of San Francisco has, and is adhering to, a
viable plan to address long-term liabilities including, but not
necessarily limited to, "other postemployment benefits," as that term
is used in accordance with generally accepted accounting principles
defined by the Governmental Accounting Standards Board as of April
15, 2014.
(c) The amounts calculated in paragraphs (1) to (3), inclusive, of
subdivision (b) shall be adjusted by the chancellor to reflect
cost-of-living adjustments, deficits in apportionments, or both, as
appropriate for the applicable fiscal years.
(d) Subdivision (b) shall only be used to determine the
apportionment funding to be allocated to the San Francisco Community
College District. In computing statewide entitlements to funding
based upon the attendance of FTES, the San Francisco Community
College District shall not be credited with more FTES than were
actually enrolled and in attendance.
(e) Subdivision (b) shall only be operative for a fiscal year in
which the San Francisco Community College District is in compliance
with Section 51016 of Title 5 of the California Code of Regulations
as that regulation read on April 15, 2014.
(f) It is the intent of the Legislature that any amounts
necessary to make the apportionments required pursuant to subdivision
(b) be drawn from the state general apportionment revenues for
community college districts.
(g) (1) The Chancellor of the City College of San Francisco shall
submit all of the following to the appropriate policy and fiscal
committees of the Legislature, the office of the Governor, the
Legislative Analyst's Office, and the Department of Finance on or
before April 15, 2015:
(A) An overview of the college's current accreditation status,
including a description of any identified accreditation deficiencies
and activities underway to address those deficiencies.
(B) Enrollment totals for the current and prior years.
(C) Updated enrollment projections for the two subsequent fiscal
years.
(D) The number of course sections offered in the current and prior
fiscal years.
(E) A thorough explanation of the district's level of budgetary
reserves and sources of revenue.
(F) A thorough multiyear budget plan that explains, at a minimum,
both revenue sources and areas of expenditure.
(2) The Chancellor of the City College of San Francisco shall
submit updates to the report submitted under paragraph (1) on or
before the following dates:
(A) October 15, 2015.
(B) April 15, 2016.
(C) October 15, 2016, but only if funding is provided pursuant to
paragraph (3) of subdivision (b).
(D) April 15, 2017, but only if funding is provided pursuant to
paragraph (3) of subdivision (b).
(h) For five fiscal years beginning in the 2017-18 fiscal year,
the San Francisco Community College District shall be entitled to
restoration of any reduction in apportionment revenue due to
decreases in FTES, up to the level of attendance of FTES funded in
the 2012-13 fiscal year, if there is a subsequent increase in FTES.
SEC. 18. Section 84905 of the Education Code is amended to read:
84905. The chancellor and the Superintendent, with the advice of
the executive director, shall approve, for each consortium, rules and
procedures that adhere to all of the following conditions:
(a) Any community college district, school district, or county
office of education, or any joint powers authority consisting of
community college districts, school districts, county offices of
education, or a combination of these, located within the boundaries
of the adult education region shall be permitted to join the
consortium as a member.
(b) As a condition of joining a consortium, a member shall commit
to reporting any funds available to that member for the purposes of
education and workforce services for adults and the uses of those
funds.
(c) A member of the consortium shall be represented only by an
official designated by the governing board of the member.
(d) (1) Decisionmaking procedures are specified that ensure that
all of the following conditions are satisfied:
(A) All members of the consortium shall participate in any
decision made by the consortium.
(B) A proposed decision is considered at an open, properly noticed
public meeting of the consortium at which members of the public may
comment.
(C) The consortium has provided the public with adequate notice of
a proposed decision and considered any comments submitted by members
of the public, and any comments submitted by members of the public
have been distributed publicly.
(D) (i) The consortium has requested comments regarding a proposed
decision from other entities located in the adult education region
that provide education and workforce services for adults.
(ii) The consortium has considered and responded to any comments
submitted by entities pursuant to clause (i).
(iii) For purposes of this subparagraph, entities that provide
education and workforce services to adults include, but are not
necessarily limited to, local public agencies, departments, and
offices, particularly those with responsibility for local public
safety and social services; workforce investment boards; libraries;
and community-based organizations.
(E) The consortium has considered input provided by pupils,
teachers employed by local educational agencies, community college
faculty, principals, administrators, classified staff, and the local
bargaining units of the school districts and community college
districts before it makes a decision.
(F) A decision is final.
(2) For purposes of this subdivision, a decision includes approval
of an adult education plan pursuant to Section 84906 and approval of
a distribution schedule pursuant to Section 84913.
(e) The members of the consortium may decide to designate a member
to serve as the fund administrator to receive and distribute funds
from the program. If a member is chosen to be the fund administrator,
the member shall commit to developing a process to apportion funds
to each member of the consortium pursuant to the consortium's adult
education plan within 45 days of receiving funds appropriated for the
program. This process shall not require a consortium member to be
funded on a reimbursement basis.
SEC. 19. Section 84917 of the Education Code is amended to read:
84917. (a) To inform actions taken by the Governor and the
Legislature related to adult education, the chancellor and the
Superintendent shall report to the Director of Finance, the State
Board of Education, and, in conformity with Section 9795 of the
Government Code, the Legislature about the use of the funds described
in paragraph (5) of subdivision (b) of Section 84906 and outcomes
for adults statewide and in each adult education region. The
chancellor and the Superintendent shall provide preliminary reports
on or before October 30 following each fiscal year for which funds
are appropriated for the program and final reports on or before
February 1 of the following year. Each report shall be based on all
data available at the time of its submission. The report shall
include at least all of the following:
(1) A summary of the adult education plan operative for each
consortium.
(2) The distribution schedule for each consortium.
(3) The types and levels of services provided by each consortium.
(4) The effectiveness of each consortium in meeting the
educational needs of adults in its respective region.
(5) Any recommendations related to delivery of education and
workforce services for adults, including recommendations related to
improved alignment of state programs.
(b) (1) The chancellor and the Superintendent may require a
consortium, as a condition of receipt of an apportionment, to submit
any reports or data necessary to produce the report described in
subdivision (a).
(2) The chancellor and the Superintendent shall align the data
used to produce the report described in subdivision (a) with data
reported by local educational agencies for other purposes, such as
data used for purposes of the federal Workforce Opportunity and
Innovation Act (Public Law 113-128).
(3) The Employment Development Department and the California
Workforce Investment Board shall provide any assistance needed to
align delivery of services across state and regional workforce,
education, and job service programs.
SEC. 20. Section 84920 of the Education Code is amended to read:
84920. (a) To the extent that one-time funding is made available
in the Budget Act of 2015, consistent with the provisions of Section
84917, the chancellor and the Superintendent shall identify common
measures for determining the effectiveness of members of each
consortium in meeting the educational needs of adults. At a minimum,
the chancellor and the Superintendent shall accomplish both of the
following:
(1) Define the specific data each consortium shall collect.
(2) Establish a menu of common assessments and policies regarding
placement of adults seeking education and workforce services into
adult education programs to be used by each consortium to measure
educational needs of adults and the effectiveness of providers in
addressing those needs.
(b) No later than August 1, 2017, the chancellor and the
Superintendent shall report to the Director of Finance, the State
Board of Education, and the appropriate policy and fiscal committees
of the Legislature on options for integrating the assessments
described in subdivision (a) into the common assessment system
developed pursuant to Section 78219. The report shall address
compliance of the assessments with federal and state funding
requirements for adult education programs, identify estimated costs
and timelines for the assessments, and identify changes in policies
that may be needed to avoid duplicate assessments.
(c) It is the intent of the Legislature that both of the following
occur:
(1) That the educational needs of adults in the state be better
identified and understood through better sharing of data across state
agencies.
(2) That, at a minimum, the chancellor and the Superintendent
shall enter into agreements to share data related to effectiveness of
the consortia between their agencies and with other state agencies,
including, but not necessarily limited to, the Employment Development
Department and the California Workforce Investment Board.
(d) The chancellor and the Superintendent shall identify, no later
than January 1, 2016, the measures for assessing the effectiveness
of consortia that will be used in the report that is required
pursuant to Section 84917. These measures shall include, but not
necessarily be limited to, all of the following:
(1) How many adults are served by members of the consortium.
(2) How many adults served by members of the consortium have
demonstrated the following:
(A) Improved literacy skills.
(B) Completion of high school diplomas or their recognized
equivalents.
(C) Completion of postsecondary certificates, degrees, or training
programs.
(D) Placement into jobs.
(E) Improved wages.
(e) The chancellor and the Superintendent shall apportion the
funds appropriated for purposes of this section in the Budget Act of
2015 in accordance with both of the following:
(1) Eighty-five percent of these funds shall be used for grants to
consortia to establish systems or obtain data necessary to submit
any reports or data required pursuant to subdivision (b) of Section
84917.
(2) Fifteen percent of these funds shall be used for grants for
development of statewide policies and procedures related to data
collection or reporting or for technical assistance to consortia, or
both.
(f) The chancellor and the Superintendent shall provide any
guidance to the consortia necessary to support the sharing of data
included in systems established by consortia pursuant to this section
across consortia.
SEC. 21. Section 88540 of the Education Code is amended to read:
88540. This part shall become inoperative on July 1, 2017, and,
as of January 1, 2018, is repealed, unless a later enacted statute
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 22. Part 54.3 (commencing with Section 88815) is added to
Division 7 of Title 3 of the Education Code, to read:
PART 54.3. Student Success for Basic Skills Program
88815. (a) There is hereby established the Student Success for
Basic Skills Program to be administered by the Chancellor of the
California Community Colleges in accordance with subdivision (b).
(b) From funds provided in the annual Budget Act for the Student
Success for Basic Skills Program, the Board of Governors of the
California Community Colleges shall allocate:
(1) An amount up to 5 percent for faculty and staff development to
improve curriculum, instruction, student services, and program
practices in the areas of basic skills and English as a second
language programs. The office of the Chancellor of the California
Community Colleges shall select a community college district,
utilizing a competitive process, to carry out these faculty and staff
development activities. All colleges receiving funds pursuant to
paragraph (2) shall be provided with the opportunity to participate
in the faculty and staff development programs specified in this
paragraph.
(2) (A) All other funds for grants to community college districts
for improving outcomes of students who enter college needing at least
one course in English as a second language or basic skills, with
particular emphasis on students transitioning from high school.
(B) Funds allocated pursuant to this paragraph shall be expended
for any of the following purposes:
(i) Program and curriculum planning and development, student
assessment, advisement and counseling services, supplemental
instruction and tutoring, articulation, instructional materials and
equipment, any other purpose directly related to the enhancement of
basic skills, English as a second language instruction, and related
student programs.
(ii) To implement or expand upon the use or application of
evidence-based practices and principles identified in paragraphs (1)
to (6), inclusive, of subdivision (a) of Section 88810.
(iii) To accelerate the adoption and utilization of lower cost,
high-quality, open educational resources in English as a second
language or basic skills courses.
(iv) To collaborate with high schools, and when applicable,
California State University campuses, to better align remedial
instruction methodologies, curriculum, and course offerings among
local educational agencies, community colleges, and California State
University campuses.
(v) To implement assessment and placement practices that increase
the likelihood that students are appropriately placed in
college-level, rather than remedial, courses.
(C) The funds allocated pursuant to this paragraph shall
supplement, and not supplant, current expenditures by community
college districts for matriculation and assessment services, basic
skills, English as a second language instruction, and related student
programs.
(D) To be eligible to receive grant funds pursuant to this
paragraph, a community college district shall submit to the office of
the Chancellor of the California Community Colleges an application
containing a certification that the college will, within the fiscal
year, (i) complete a revised assessment of its programs and
activities serving basic skills and English as a second language
students utilizing the assessment tool developed pursuant to
paragraph (1) of Item 6870-493 of Section 2.00 of the Budget Act of
2006 (Chapters 47 and 48 of the Statutes of 2006) and (ii) submit to
the office of the chancellor an action and expenditure plan for funds
received under this paragraph. The grant application shall also
contain the strategies a community college district will implement to
improve the successful transition of students to college-level math
and English courses. These improvements shall include both increasing
the number of students that successfully transition to college-level
mathematics and English courses as well as reducing the time it
takes students to successfully transition to college-level
mathematics and English courses. At a minimum, to be eligible to
receive a grant, the community college district's strategy shall
include an evidence-based plan for the adoption and implementation of
multiple measures of assessment and placement. The office of the
chancellor shall prioritize funding grant applications from community
college districts that participate in the Community Colleges Basic
Skills and Student Outcomes Transformation Program established by
Part 54 (commencing with Section 88800), or that subsequently
implement or expand upon the use or application of evidence-based
practices and principles identified in paragraphs (1) to (6),
inclusive, of subdivision (a) of Section 88810.
(E) (i) The Chancellor of the California Community Colleges shall
distribute grant funds to community college districts that meet the
application criteria in subparagraph (D) on the basis of the
following weighted factors:
(I) The percentage of students receiving a Board of Governors fee
waiver who first enrolled in a course below transfer level in
English, mathematics, or English as a second language, or any
combination of these, and subsequently completed a college-level
course in the same subject within one year and within two years. This
factor shall comprise 50 percent of the allocation formula.
(II) The percentage of students receiving a Board of Governors fee
waiver. This factor shall comprise 25 percent of the formula.
(III) The percentage of basic skills full-time equivalent students
in courses offered by that community college district using
evidence-based practices and principles identified in paragraphs (1)
to (6), inclusive, of subdivision (a) of Section 88810. This factor
shall comprise 25 percent of the formula.
(ii) The chancellor may include other factors and adjustments as
he or she determines necessary to accomplish the objectives of this
paragraph.
(iii) The chancellor shall annually notify and receive concurrence
from the Department of Finance in consultation with the Legislative
Analyst's Office prior to including additional factors and
adjustments pursuant to clause (ii) and prior to apportioning these
funds to community college districts.
(iv) The Director of Finance shall notify the Joint Legislative
Budget Committee of his or her intent to concur with the use of
additional factors and adjustments pursuant to clauses (ii) and
(iii).
(v) For purposes of distributing the funds, the chancellor shall
establish a minimum allocation of one hundred thousand dollars
($100,000) per college in the applying community college district.
(F) Notwithstanding subparagraph (E), commencing with the 2016-17
fiscal year, the Chancellor of the California Community Colleges
shall adjust the distribution of funds pursuant to subparagraph (E)
to ensure that community college districts do not receive less state
aid from the Student Success for Basic Skills Program than they
received from appropriations for these purposes in the 2015-16 fiscal
year.
(G) As a condition of participating in this program, commencing
with the 2017-18 fiscal year, the office of the Chancellor of the
California Community Colleges shall strongly encourage the five
community college districts with the lowest calculated percentages as
specified in subclause (I) of clause (i) of subparagraph (E) that
participated in this program to apply for a technical assistance team
to improve the likelihood that a student is able to expeditiously
transition from a basic skills course to a college-level course at
that community college district.
(c) (1) The office of the Chancellor of the California Community
Colleges shall consult with the Department of Finance and the
Legislative Analyst's Office to develop and recommend annual
accountability measures for the program. It is the intent of the
Legislature that annual performance accountability measures for the
program utilize, to the extent possible, data available as part of
the accountability system developed pursuant to Section 84754.5.
(2) On or before March 15, 2020, the office of the Chancellor of
the California Community Colleges, in consultation with the
Department of Finance and Legislative Analyst's Office, shall report
on the effectiveness of the factors used to allocate funding under
this program in improving outcomes for students requiring
remediation.
(d) This part shall become operative July 1, 2017.
SEC. 23. Part 54.5 (commencing with Section 88820) is added to
Division 7 of Title 3 of the Education Code, to read:
PART 54.5. Strong Workforce Program
88820. This part shall be known, and may be cited, as the Strong
Workforce Program.
88821. (a) The Legislature finds and declares all of the
following:
(1) California's economic competitiveness is fueled, in part, by
the strength of its regional economies and its skilled workforce.
(2) Upward social and economic mobility helps keep the state's
economy diversified and vibrant.
(3) The attainment of industry-valued "middle skill credentials"
serves as a gateway for a large and diverse number of careers in the
state's economy.
(4) California's local educational agencies, community college
districts, interested public four-year universities, local workforce
development boards, economic development and industry leaders, and
local civic representatives should collaboratively work together to
inform the offerings of courses, programs, pathways, and workforce
development opportunities that enable students to access the current
and future job market and further social and economic mobility.
(b) The Strong Workforce Program is hereby established for the
purpose of expanding the availability of quality community college
career technical education and workforce development courses,
programs, pathways, credentials, certificates, and degrees.
(c) To facilitate program coordination and alignment with other
workforce training, education, and employment services in the state,
the Strong Workforce Program shall operate in a manner that complies
with the California Strategic Workforce Development Plan, required
pursuant to the federal Workforce Innovation and Opportunity Act
(Public Law 113-128), and expand upon existing consortia
infrastructure.
(d) To avoid duplication of effort, activities funded under the
Strong Workforce Program shall be informed by, aligned with, and
expand upon the activities of existing workforce and education
regional partnerships, including those partnership activities that
pertain to regional planning efforts established pursuant to the
federal Workforce Innovation and Opportunity Act (Public Law
113-128), adult education block grant consortia, and K-12 career
technical education programs.
(e) All of the following guiding principles shall apply to each
consortium participating in the Strong Workforce Program:
(1) A community college district participating in the consortium
shall ensure that its community college career technical education
and workforce development courses, credentials, certificates,
degrees, programs, and pathway offerings are responsive to the needs
of employers, workers, civic leaders, and students.
(2) The consortium shall collaborate with other public
institutions, including, but not limited to, local educational
agencies, adult education consortia, local workforce development
boards, and interested California State University and University of
California institutions.
(3) The consortium shall collaborate with civic representatives,
representatives from the labor community, and economic development
and industry sector leaders within the region.
(4) The consortium shall include collaborating entities and
persons identified in this subdivision in planning meetings, provide
them with adequate notice of the consortium's proposed decisions, and
solicit, consider, and respond to comments from them regarding the
consortium's proposed decisions.
(5) Collaborative efforts shall focus upon evidence-based
decisionmaking and student success with workforce outcomes aligned
with the performance accountability measures of the federal Workforce
Innovation and Opportunity Act (Public Law 113-128), and closing
labor market and employment gaps. Each consortium shall strive to
align programmatic offerings in the most effective and efficient
manner to avoid
duplication of effort and streamline access to services, and
education and training opportunities.
(6) Community college districts and other entities participating
in a consortium are encouraged to develop long-term partnerships with
private sector employers and labor partners to provide coordinated
courses, programs, and pathways with employer involvement in the
assessment, planning, and development of community college career
technical education courses, programs, and pathways. To the extent
practicable, employer partnerships should build upon regional
partnerships formed pursuant to the federal Workforce Innovation and
Opportunity Act (Public Law 113-128) and other state or federal
programs.
(7) Community college districts and other entities participating
in a consortium are encouraged to develop and work closely with
public and private organizations that offer workforce development
programs and pathways to young adults with autism and other
developmental disabilities to provide a comprehensive approach to
address workforce readiness and employment.
(f) The chancellor's office shall, in consultation with the
California Workforce Development Board, the Academic Senate for
California Community Colleges, and its partners formed pursuant to
the federal Workforce Innovation and Opportunity Act (Public Law
113-128), as applicable, develop and implement policies and guidance
necessary to implement the Strong Workforce Program, including
policies and guidance necessary for consortia, including community
college districts and their regional partners, to increase the number
of aligned middle skill and career technical education courses,
programs, pathways, credentials, certificates, and degrees. No later
than June 30, 2017, the chancellor's office shall develop and
implement policies and guidance pursuant to this subdivision and
bring before the Board of Governors of the California Community
Colleges any policies, regulations, and guidance necessary to
accomplish all of the following:
(1) Facilitate the development, implementation, and sharing of
career technical education effective practices, curriculum models and
courses, and community college credentials, certificates, degrees,
and programs across regions and among community college districts.
(2) Enable community college districts to develop career technical
education and workforce outcomes, and applicable associate degrees
and certificates as appropriate.
(3) Provide accessible performance and labor market data that can
be used flexibly by participating community college districts and
their regional partners to support the implementation of the Strong
Workforce Program and related efforts to align regional workforce and
education programming with regional labor market needs.
(4) Encourage local efficiency through coordinated and
collaborative regional workforce efforts in which community college
districts are partners.
(5) Support curriculum processes to ensure that students are able
to efficiently transfer college-level career technical education
credits across community college districts and to the California
State University and the University of California.
(6) Improve sector-based engagement with employers within a
region.
(7) Provide, in partnership with employers, work-based learning
opportunities for students that increase their employability and
earning potential.
(8) Enable community college districts to facilitate and optimize
their resources to support the Strong Workforce Program and other
related regional workforce development efforts.
(9) Ensure that community college district Strong Workforce
Program expenditures are focused on improving student success with
workforce outcomes for all students enrolled in community college
career technical education courses, programs, and pathways.
(10) (A) Notwithstanding the June, 30, 2017, implementation date
specified in this subdivision, develop and implement a plan to
streamline the course and curriculum approval process, both at the
state and local levels. The plan shall reflect an expedited state
approval process for career technical education courses, programs,
and certificates, and may include the elimination of an existing
state course and program approval process. The plan shall reflect one
of the following two options:
(i) A process of course and curriculum approval that enables
community college districts to develop a course or program within one
academic year and to offer that course or program the subsequent
academic year.
(ii) A process of course and curriculum approval that enables
community college districts to develop a course or program within one
academic semester and to offer that course or program the subsequent
academic semester.
(B) The plan described in subparagraph (A) shall also reflect the
creation of a process that enables career technical education courses
and programs to be portable among community college districts. This
process shall enable a community college district to adapt, adopt, or
adapt and adopt another community college district's approved career
technical education courses, programs, and curriculum within one
academic semester and to offer that course or program, or utilize
that curriculum, the subsequent academic semester.
(C) The chancellor's office shall consult with the Legislature and
the Governor prior to implementing the plan. The plan shall be
developed no later than July 1, 2017, and implemented no later than
January 1, 2018.
(11) Eliminate barriers to hiring qualified instructors for career
technical education courses, including reevaluating the required
minimum qualifications for career technical education instructors.
(g) After June 30, 2017, and only as necessary, the chancellor's
office may develop and implement revised polices and guidance and
bring regulations before the Board of Governors of the California
Community Colleges as necessary for a community college district and
its regional partners to accomplish both of the following:
(1) Implement and expand the amount of aligned middle skill and
career technical education credentials, certificates, degrees,
courses, programs, and pathways in accordance with paragraphs (1) to
(11), inclusive, of subdivision (f).
(2) Implement the recommendations of the Strong Workforce Task
Force.
(h) (1) For purposes of this section, the chancellor's office
shall consider input provided by relevant stakeholders, including the
Academic Senate of the California Community Colleges and the
California Workforce Development Board, prior to implementing revised
guidance, policies, or regulatory changes.
(2) For purposes of this article and in compliance with the
consultation requirements in Sections 70901 and 70902, the Academic
Senate of the California Community Colleges shall establish a career
technical education subcommittee to provide recommendations on career
technical education issues. No less than 70 percent of the
subcommittee shall consist of career technical education faculty. The
subcommittee's charter shall require it to provide assistance to
community college districts to ensure that career technical education
and its instruction is responsive and aligned to current and
emergent industry trends, and ensure that similar courses, programs,
and degrees are portable among community college districts.
88822. For purposes of this part, the following terms have the
following meanings:
(a) "Career pathways" means an identified series of positions,
work experiences, or educational benchmarks or credentials that offer
occupational and financial advancement within a specified career
field or related fields over time.
(b) "Career technical education credential" means a workforce
certificate, degree, or industry-recognized credential.
(c) "Career Technical Education Regional Consortium," or
"consortium," means an administrative grouping of community college
districts by the Division of Workforce and Economic Development of
the chancellor's office for the purpose of coordination and joint
planning within regions, as defined in subdivision (i).
(d) "Chancellor's office" means the Office of the Chancellor of
the California Community Colleges.
(e) "Industry" or "industry sectors" means trade associations or
those firms that produce similar products or provide similar services
using somewhat similar business processes.
(f) "Middle skill credential" means a certificate, associate's
degree, or industry-recognized credential that is less than a
bachelor's degree but more than a high school diploma and facilitates
student success with workforce outcomes.
(g) "Plan" means the regional plan established under this part.
(h) "Program" means the Strong Workforce Program established under
this part.
(i) "Region" means a geographic area of the state defined by
economic and labor market factors containing at least one industry
cluster and the cities, counties, or community college districts, or
all of them, in the industry cluster's geographic area. To the extent
possible, for the purposes of this part, collaborative regions
should align with federal Workforce Innovation and Opportunity Act
(Public Law 113-128) regional planning unit boundaries specified in
the California Strategic Workforce and Development Plan and expand
upon existing consortium infrastructure established by the chancellor'
s office.
(j) "Strong Workforce Task Force" means the Task Force on
Workforce, Job Creation and a Strong Economy commissioned by the
Board of Governors of the California Community Colleges.
88823. (a) Commencing July 1, 2017, as a condition of receipt of
funds from this program for a fiscal year, each consortium, in
consultation with collaborating entities identified in paragraph (2)
of subdivision (e) of Section 88821, shall submit a plan to the
chancellor's office that has been updated for that fiscal year.
(b) The plan pursuant to subdivision (a) shall include all of the
following requirements:
(1) The names of the community college districts participating in
the consortium, including the name of the community college
identified as the consortium's fiscal agent, and the names of
entities collaborating pursuant to paragraph (2) of subdivision (e)
of Section 88821.
(2) The governance model for the consortium. Decisions governing,
or relating to, the distribution of fiscal resources shall be
determined exclusively by the community college districts
participating in the consortium.
(3) An analysis of regional labor market needs informed by a
federal Workforce Innovation and Opportunity Act (Public Law 113-128)
economic analysis and other sources as applicable. This analysis
shall also include wage data for each industry sector or labor market
need identified.
(4) An inventory of regionally prioritized and locally prioritized
projects and programs that close relevant labor market and
employment gaps.
(5) Measurable regional goals that align with the performance
accountability measures of the federal Workforce Innovation and
Opportunity Act (Public Law 113-128).
(6) For regionally prioritized projects and programs, a work plan,
spending plan, and budget. The work plan, spending plan, and budget
shall identify the amount of funding allocated for one-time and
ongoing expenditures.
(7) A description of the alignment of work plans, spending plans,
and other education and workforce plans guiding services in the
region, including plans pertaining to the building of career pathways
and the employment of workforce sector strategies and those plans
required pursuant to the federal Workforce Innovation and Opportunity
Act (Public Law 113-128).
(c) Each consortium shall submit a plan by January 31 once every
four years and shall annually update the plan by January 31 of each
year until the next new plan is submitted.
(d) The chancellor's office shall review the plans on a four-year
cycle and ensure that annual updates are made by each consortium. The
chancellor's office shall determine if each consortium has made
significant progress in meeting the goals and measures outlined in
its plan, and provide technical assistance to a consortium that has
not met its goals. The chancellor's office is encouraged to provide
technical assistance pursuant to this subdivision through the
Institutional Effectiveness Partnership Initiative.
(e) To avoid duplication of effort, plans developed pursuant to
this section shall be informed by, aligned with, and expand upon
regional plans and planning efforts established pursuant to the
federal Workforce Innovation and Opportunity Act (Public Law
113-128).
(f) Community college districts participating in a consortium
shall utilize their region's plan to inform local campus planning
efforts to implement career technical education courses, programs,
and pathways and integrate available local, regional, state, and
nonpublic resources to ensure that students will achieve successful
workforce outcomes.
(g) Community college districts shall meet with the members of
their consortium not less than annually to inform on the delivery of
career technical education and workforce development courses,
programs, and pathways within the region.
(h) Each region's plan shall be for the primary purpose of
informing the development of strategies related to career technical
education and workforce development courses, programs, and pathways.
Each region's plan shall reflect strategies to efficiently and
effectively utilize any available public and private resources,
including funds for the Career Technical Education Pathways Program
established in Part 52 (commencing with Section 88530), in a manner
that better aligns career technical education courses, programs, and
pathways with the needs of their regional economies.
(i) It is the intent of the Legislature to align community college
career technical education programs within the Strong Workforce
Program. Staff from the chancellor's office, the Legislative Analyst'
s Office, and the Department of Finance are requested to investigate
the potential consolidation of community college career technical
education programs within the Strong Workforce Program.
88824. (a) This section only applies for the 2016-17 fiscal year.
(b) To promote the success of community college students and the
career technical education programs that serve them, up to 5 percent
of the funds appropriated for the program in the annual Budget Act
may be allocated by the Board of Governors of the California
Community Colleges to a community college district for statewide
activities to improve and administer the program, including the
facilitation of system, program, and data alignment at the state and
regional levels. The chancellor's office shall consult with the
California Workforce Development Board and other appropriate state
agencies on the development of all statewide activities that would be
implemented by the selected district to facilitate broader workforce
and education system alignment. Statewide coordination activities
funded out of this allocation may include, but are not limited to,
the following activities:
(1) State-level coordination for the development of labor market
analyses pertaining to economic and industry trends and jobs
projections for the purpose of supporting common regional planning
efforts and the alignment of career technical education program
offerings with regional labor market dynamics.
(2) Research, evaluation, and technical assistance on the use of
effective local and regional policies, best practices, and model
partnerships.
(3) Development and prototyping of innovative policies, practices,
and coordinated services with local workforce and education
partners.
(4) Participation of community college districts in existing
regional coalitions and planning efforts.
(5) Cross-training local program staff.
(6) Development and maintenance of a state-level cross-system data
reporting mechanism with partners formed pursuant to the federal
Workforce Innovation and Opportunity Act (Public Law 113-128) for the
purpose of monitoring workforce program outcomes and performance
accountability.
(7) Leveraging allocated funds with state and local partners
through interagency agreements, memorandums of understanding, or
other appropriate mechanisms.
(c) (1) The chancellor's office shall provide to the Department of
Finance and the Legislative Analyst's Office its recommendations for
the allocation of funds available for each consortium no later than
August 30, 2016. The department shall approve the allocation plan
before the release of funding. Each consortium, in consultation with
local colleges, community college districts, and the chancellor's
office, shall select a community college to be a fiscal agent that
shall directly receive funds apportioned for the consortium in
accordance with this section. The chancellor's office shall
determine, for purposes of allocating funds for the consortium and
its community college districts, the local unemployment rate, the
region's proportion of career technical education full-time
equivalent students, and proportion of projected job openings. Each
of these three factors shall comprise one-third of the allocation
formula. Funds may be used for regionally prioritized projects and
programs and locally prioritized projects and programs that meet
regional needs for career technical education and workforce
development courses, programs, pathways, credentials, certificates,
and degrees.
(2) Forty percent of the funds apportioned for the program shall
be provided directly to the fiscal agent of the consortium for the
purpose of funding regionally prioritized projects and programs that
meet the needs of local and regional economies, as identified in
regional plans and Workforce Innovation and Opportunity Act (Public
Law 113-128) regional plans.
(3) Sixty percent of the funds apportioned for the program shall
be provided directly to community college districts in the
consortium. Funds apportioned directly to a community college
district shall be expended for the purpose of funding regionally
prioritized projects and programs within the community college
district that meet the needs of local and regional economies, as
identified in regional plans and Workforce Innovation and Opportunity
Act (Public Law 113-128) regional plans. As a condition of receiving
direct funding, each community college district shall actively
participate in its consortium.
(d) As a condition of receipt of funds pursuant to subdivision
(c), a community college district shall comply with all of the
following requirements:
(1) Be a member of a consortium.
(2) Participate in regional planning efforts established pursuant
to the federal Workforce Innovation and Opportunity Act (Public Law
113-128) and other efforts to align workforce, employment, and
education services.
(3) Work with other members of the consortium to create and submit
a plan to the chancellor by January 31, 2017, for inclusion in the
submissions of regional plans for purposes of the program and the
federal Workforce Innovation and Opportunity Act (Public Law
113-128).
(4) Provide accessible performance and labor-market data that can
be used by community college districts and their regional partners to
support the implementation of the program and describe related
efforts to align regional workforce and education programming with
regional labor market needs, including, but not limited to, regional
planning efforts established pursuant to the federal Workforce
Innovation and Opportunity Act (Public Law 113-128).
(5) Certify that the use of funds will meet the intent of the
program to accomplish all of the following:
(A) Increase the number of students in quality career technical
education courses, programs, and pathways that will achieve
successful workforce outcomes.
(B) Increase the number of quality career technical education
courses, programs, and pathways that lead to successful workforce
outcomes, or invest in new or emerging career technical education
courses, programs, and pathways that may become operative in
subsequent years and are likely to lead to successful workforce
outcomes.
(C) Address recommendations from the Strong Workforce Task Force,
including the recommended provision of student services related to
career exploration, job readiness and job placement, and work-based
learning.
(e) Funds appropriated to community college districts for the
program shall supplement, not supplant, existing funding of community
college career technical education programs. This subdivision shall
not be interpreted to mean that a participating community college
district is prohibited from eliminating or altering existing
programs, but the percentage of that community college district's
total full-time equivalent students enrolled in career technical
education courses relative to the total full-time equivalent students
enrolled in the district shall not be reduced from the percentage
computed for the 2015-16 fiscal year.
(f) A consortium shall allocate funds only to community college
districts.
88825. (a) This section applies commencing with the 2017-18
fiscal year.
(b) To promote the success of community college students and the
career technical education programs that serve them, up to 5 percent
of the funds appropriated for the program may be allocated by the
Board of Governors of the California Community Colleges to a
community college district for statewide activities to improve and
administer the program, including the facilitation of system,
program, and data alignment at the state and regional levels and the
implementation of the 25 recommendations presented to the board of
governors on January 19 and 20, 2016, by the Strong Workforce Task
Force. The chancellor's office shall consult with the California
Workforce Development Board and other appropriate state agencies on
the development of all statewide activities that would be implemented
by the selected district to facilitate broader workforce and
education system alignment. Statewide coordination activities funded
out of this allocation may include, but are not limited to, the
following activities:
(1) State-level coordination for the development of labor market
analyses pertaining to economic and industry trends and jobs
projections for the purpose of supporting common regional planning
efforts and the alignment of career technical education program
offerings with regional labor market dynamics.
(2) Research, evaluation, and technical assistance on the use of
effective local and regional policies, best practices, and model
partnerships.
(3) Development and prototyping of innovative policies, practices,
and coordinated services with local workforce and education
partners.
(4) Participation of community college districts in existing
regional coalitions and planning efforts.
(5) Cross-training local program staff.
(6) Development and maintenance of a state-level cross-system data
reporting mechanism with partners formed pursuant to the federal
Workforce Innovation and Opportunity Act (Public Law 113-128) for the
purpose of monitoring workforce program outcomes and performance
accountability.
(7) Leveraging allocated funds with state and local partners
through interagency agreements, memorandums of understanding, or
other appropriate mechanisms.
(c) (1) Forty percent of the funds apportioned for the program
shall be apportioned directly to the fiscal agent of the consortium
for the purpose of funding regionally prioritized projects and
programs that meet the needs of local and regional economies, as
identified in regional plans and Workforce Innovation and Opportunity
Act (Public Law 113-128) regional plans.
(2) Sixty percent of the funds apportioned for the program shall
be apportioned directly to community college districts in the
consortium. Funds apportioned directly to a community college
district shall be expended for the purpose of funding regionally
prioritized projects and programs within the community college
district that meet the needs of local and regional economies, as
identified in regional plans and Workforce Innovation and Opportunity
Act (Public Law 113-128) regional plans. As a condition of receiving
direct funding, each community college district shall actively
participate in its consortium.
(d) The allocation of funds to a consortium shall be based on a
schedule determined by the chancellor's office and is effective for
the four years of each plan cycle. Within the four-year plan cycle,
this schedule may be altered to reflect changes in the statewide
allocation for the program as appropriated in the annual Budget Act.
(e) The chancellor's office shall provide to the Department of
Finance and the Legislative Analyst's Office its recommendations for
the allocation of funds available for each consortium no later than
August 30 of each year. The department shall approve the allocation
plan before the release of funding.
(f) (1) For each four-year plan cycle, the chancellor's office
shall determine the amount of funds to be allocated to each
consortium based on the following weighted factors in each region:
(A) The unemployment rate. This factor shall comprise 33 percent
of the allocation formula.
(B) The proportion of career technical education full-time
equivalent students. This factor shall comprise 33 percent of the
allocation formula.
(C) The proportion of projected job openings. This factor shall
comprise 17 percent of the allocation formula.
(D) The proportion of successful workforce outcomes as evidenced
by the performance accountability measures of the federal Workforce
Innovation and Opportunity Act (Public Law 113-128). This factor
shall comprise 17 percent of the allocation formula.
(2) For each four-year plan cycle, the chancellor's office shall
determine the amount of funds to be allocated directly to each
community college district within a consortium based on the weighted
factors, specified in subparagraphs (A) to (D), inclusive, of
paragraph (1), in each district within the region.
(g) A consortium shall allocate funds in accordance with its plan
and only to community college districts. Decisions governing, or
relating to, the distribution of the consortium's fiscal resources
shall be determined exclusively by the community college districts
participating in the consortium.
(h) As a condition of receipt of funds under this section, a
participating community college district shall comply with all of the
following:
(1) Be a member of a consortium.
(2) Participate in regional planning efforts formed pursuant to
the federal Workforce Innovation and Opportunity Act (Public Law
113-128) and other efforts that align workforce, employment, and
education services.
(3) Work with other consortium members to create and submit a plan
to the chancellor's office by January 31 of every fourth year of a
four-year plan cycle.
(4) Provide accessible performance and labor market data that can
be used by community college districts and their regional partners to
support the implementation of the program and any related efforts to
align regional workforce and education programming with regional
labor market needs, including, but not limited to, regional planning
efforts established pursuant to the federal Workforce Innovation and
Opportunity Act (Public Law 113-128).
(5) Include interested public universities in regional planning.
(6) Certify that the use of funds will meet the intent of the
program to accomplish all of the following:
(A) Increase the number of students in quality career technical
education courses, programs, and pathways that will achieve
successful workforce outcomes.
(B) Increase the number of quality career technical education
courses, programs, and pathways that lead to successful workforce
outcomes, or invest in new or emerging career technical education
courses, programs, and pathways that may become operative in
subsequent years and are likely to lead to successful workforce
outcomes.
(C) Address recommendations from the Strong Workforce Task Force,
including the recommended provision of student services related to
career exploration, job readiness and job placement, and work-based
learning.
(i) Funds appropriated to community college districts for the
program shall supplement, not supplant, existing funding of community
college career technical education programs. This subdivision shall
not be interpreted to mean that a participating community college
district is prohibited from eliminating or altering existing
programs, but the percentage of that community college district's
total full-time equivalent students enrolled in career technical
education courses relative to the total full-time equivalent students
enrolled in the district shall not be reduced from the percentage
computed for the 2015-16 fiscal year.
(j) Programs, courses, or instructional materials developed using
funding from the program may be made available to all community
college districts, as appropriate, through the online clearinghouse
of information created as part of the Institutional Effectiveness
Partnership Initiative.
88826. (a) The chancellor's office shall implement performance
accountability outcome measures for the program that provide the
Governor, the Legislature, and the general public with information
that quantifies employer and student outcomes for those participating
in the program. These performance accountability measures shall, to
the extent possible, align with the performance accountability
measures of the federal Workforce Innovation and Opportunity Act
(Public Law 113-128). Outcome measures shall include, to the extent
possible, demographic data, to allow policymakers and the general
public to evaluate progress in closing equity gaps in program access
and completion, and earnings of underserved demographic groups.
(b) The chancellor's office shall post on its Internet Web site,
for ease of access, all regional plans and their subsequent progress
plans, and solicit feedback from each consortium on recommendations
they have for overall program improvement.
(c) (1) Commencing in 2018, the chancellor's office shall submit a
report on the program to the Governor and the Legislature on or
before the January 1 immediately subsequent to the fiscal year which
the report addresses. This report shall include, but is not limited
to, all of the following:
(A) Data summarizing outcome accountability performance measures
collected by the chancellor's office pursuant to subdivision (a).
(B) A summary of recommendations for program improvement collected
by the chancellor's office pursuant to subdivision (b).
(C) Recommendations for future allocations to consortiums based
upon program outcomes, including, at a minimum, the number of
certificates granted to, and wage increases of, students who have
completed a career technical education program.
(2) A report to be submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 24. Section 89290 of the Education Code is amended to read:
89290. (a) The California State University shall report
biennially to the Legislature and the Department of Finance, on or
before October 1, 2014, and on or before October 1 of each
even-numbered year thereafter, on the total costs of education at the
California State University.
(b) The report prepared under this section shall identify the
costs of undergraduate education, graduate academic education,
graduate professional education, and research activities. All four
categories listed in this subdivision shall be reported in total and
disaggregated separately by health sciences disciplines, disciplines
included in paragraph (16) of subdivision (b) of Section 89295, and
all other disciplines. The university shall also separately report on
the cost of education for postbaccalaureate teacher education
programs. For purposes of this report, research for which a student
earns credit toward his or her degree program shall be identified as
undergraduate education or graduate education, as appropriate.
(c) The costs shall also be reported by fund source, including all
of the following:
(1) State General Fund.
(2) Systemwide tuition and fees.
(3) Nonresident tuition and fees and other student fees.
(d) For any report submitted under this section before January 1,
2017, the costs shall, at a minimum, be reported on a systemwide
basis. For any report submitted under this section on or after
January 1, 2017, the costs shall be reported on both a systemwide and
campus-by-campus basis.
(e) A report prepared under this section on or after January 1,
2017, shall include information on costs, disaggregated by campus,
based on the methodology developed by the National Association of
College and University Business Officers in its February 2002 report,
Explaining College Costs, and other methodologies determined by the
university.
(f) A report to be submitted pursuant to this section shall be
submitted in compliance with Section 9795 of the Government Code.
(g) Pursuant to Section 10231.5 of the Government Code, the
requirement for submitting a report under this section shall be
inoperative on January 1, 2021, pursuant to Section 10231.5 of the
Government Code.
SEC. 25. Section 92670 of the Education Code is amended to read:
92670. (a) The University of California shall report biennially
to the Legislature and the Department of Finance, on or before
October 1, 2014, and on or before October 1 of each even-numbered
year thereafter, on the total costs of education at the University of
California.
(b) The report shall identify the costs of undergraduate
education, graduate academic education, graduate professional
education, and research activities. All four categories listed in
this subdivision shall be reported in total and disaggregated
separately by health sciences disciplines, disciplines included in
paragraph (13) of subdivision (b) of Section 92675, and all other
disciplines. For purposes of this report, research for which a
student earns credit toward his or her degree program shall be
identified as undergraduate education or graduate education.
(c) The costs shall also be reported by fund source, including all
of the following:
(1) State General Fund.
(2) Systemwide tuition and fees.
(3) Nonresident tuition and fees and other student fees.
(4) University of California General Funds, including interest on
General Fund balances and the portion of indirect cost recovery and
patent royalty income used for core educational purposes.
(d) For any report submitted under this section before January 1,
2017, the costs shall, at a minimum, be reported on a systemwide
basis. For any report submitted under this section on or after
January 1, 2017, the costs shall be reported on both a systemwide and
campus-by-campus basis.
(e) A report prepared under this section on or after January 1,
2017, shall include information on costs, disaggregated by campus,
based on the methodology developed by the National Association of
College and University Business Officers in its February 2002 report,
Explaining College Costs, and other methodologies determined by the
university.
(f) A report to be submitted pursuant to this section shall be
submitted in compliance with Section 9795 of the Government Code.
(g) Pursuant to Section 10231.5 of the Government Code, the
requirement for submitting a report under this section shall be
inoperative on January 1, 2021, pursuant to Section 10231.5 of the
Government Code.
SEC. 26. Article 7.8 (commencing with Section 92680) is added to
Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code,
to read:
Article 7.8. Admission of California Resident Students
92680. (a) It is the intent of the Legislature that pupils who
are enrolled in schools identified by the Superintendent of Public
Instruction pursuant to subdivision (g) of Section 41580 receive
additional support to increase the number of these pupils who are
admitted to, and enroll at, the University of California and who
successfully complete an undergraduate degree within four academic
years of freshman admission.
(b) The University of California shall approve a plan, including a
timeline, to do all of the following:
(1) Identify, in the files for each applicant for freshman
admission, whether the applicant is enrolled in a school identified
on the list developed by the Superintendent pursuant to subdivision
(g) of Section 41580.
(2) (A) Provide direction to each campus regarding supplemental
consideration in the admission process for pupils who are enrolled in
schools identified pursuant to subdivision (g) of Section 41580 that
comply with university policy.
(B) For the purposes of this paragraph, all pupils enrolled in
schools identified pursuant to subdivision (g) of Section 41580 shall
meet the same admission requirements as pupils who are enrolled in
high schools not identified pursuant to subdivision (g) of Section
41580.
(3) Increase, at each campus and in each academic year, beginning
in the 2016-17 academic year, the number of California resident
freshmen admits, including students meeting the requirements of
Section 68130.5, who are enrolled at a school identified by the
Superintendent pursuant to subdivision (g) of Section 41580. It is
the intent of the Legislature that the University of California
examine its practices to encourage more pupils who are enrolled at
schools identified by the Superintendent pursuant to subdivision (g)
of Section 41580 and who are admitted to the university to enroll at
the university.
(4) Expand services and resources to be provided specifically for
students who entered as freshmen and who were previously enrolled in
a school identified by the Superintendent pursuant to subdivision (g)
of Section 41580.
(c) No later than December 15, 2016, the university shall submit
to the Director of Finance and the Legislature an evaluation of the
costs and benefits of providing application fee waivers to applicants
who are enrolled in schools identified by the Superintendent
pursuant to subdivision (g) of Section 41580.
(d) Commencing in 2017, no later than November 30 of each year,
the university shall report to the Director of Finance and to the
Legislature the number of pupils who attended a school identified by
the Superintendent pursuant to subdivision (g) of Section 41580 and
were admitted to the university, and the number of those students who
enrolled, disaggregated by campus.
(e) This section is operative if funds are appropriated in the
Budget Act of 2016 to the University of California.
SEC. 27. Section 99206 of the Education Code is repealed.
SEC. 28. Section 13988.4 of the Government Code is amended to
read:
13988.4. (a) This chapter shall not apply to intellectual
property or intellectual property related agreements administered by
the Regents of the University of California, the subcontractors of
the Regents of the University of California, and the Trustees of the
California State University. This chapter shall apply to a funding
agreement from a state agency for the performance of research, and
these funding agreements shall be subject to the model contract
provisions developed pursuant to Chapter 14.27 (commencing with
Section 67325) of Part 40 of Division 5 of Title 3 of the Education
Code.
(b) This chapter shall not apply to intellectual property
agreements governed by the California Stem Cell Research and Cures
Bond Act (Chapter 3 (commencing with Section 125290.10) of Part 5 of
Division 106 of the Health and Safety Code).
(c) This chapter shall not apply to an intellectual property
agreement entered into by the California Initiative to Advance
Precision Medicine pursuant to subdivision (f) of Section 65057.
SEC. 29. Article 6 (commencing with Section 65055) is added to
Chapter 1.5 of Division 1 of Title 7 of the Government Code, to read:
Article 6. California Initiative to Advance Precision Medicine
65055. The Legislature finds and declares all of the following:
(a) Over the past three decades, the United States has been a
leader in biological research and medicine that describes fundamental
biological structures and processes in unprecedented detail and that
has led to breakthroughs in therapies and treatments. Advances in
information technology and computing have also furthered our ability
to gather important data to better understand disease functions.
However, we are now at a point where our capacity to collect
information has outpaced our capacity to integrate and analyze it and
to convert data to new knowledge.
(b) According to a 2011 report from the National Academy of
Sciences, entitled "Toward Precision Medicine: Building a Knowledge
Network for Biomedical Research and a New Taxonomy of Disease," the
aggregation, integration, and analysis of data from research,
clinical, personal, and population health settings are critical to
creating a new knowledge network that will enable us to deliver more
precise medicine, whether by targeting existing therapies more safely
and effectively to patients, or by developing new therapies based on
new insights into disease. Precision medicine, which embodies
efforts to create this new knowledge network through data
infrastructure, technology tools, and diagnostics, holds promise to
transform health, health care, and biomedical research.
(c) California, with its vast scientific, medical, and
technological resources, is positioned to lead advances in the field
of precision medicine, which is gaining both national and
international prominence. By establishing a California Initiative to
Advance Precision Medicine, the state can help coordinate public,
private, and nonprofit partners to advance this important
intersection between science, research, and medicine, and to foster
the creation of new technologies and therapies that can improve the
health of Californians. A California Initiative to Advance Precision
Medicine will bring together state precision medicine leaders as well
as complete projects that demonstrate the power and application of
precision medicine to the people of the State of California.
65056. As used in this article, "California Initiative to Advance
Precision Medicine" or "initiative" means the California Initiative
to Advance Precision Medicine established in Section 65057.
65057. (a) The California Initiative to Advance Precision
Medicine is hereby established in the office. In establishing the
initiative, the office shall incorporate agreements and partnerships
regarding precision medicine entered into by the office prior to
January 1, 2016.
(b) (1) The office shall develop, implement, and evaluate
demonstration projects on precision medicine in collaboration with
public, nonprofit, and private entities. A demonstration project may
focus on one or more disease areas, and an award of funds under any
appropriation of funds to the office for precision medicine shall be
based on criteria that include, but are not limited to, the
following:
(A) The potential for tangible benefit to patients within two to
five years, including the likelihood that the study will have an
immediate impact on patients.
(B) The depth and breadth of data available in the disease focus
areas across institutions.
(C) The prospects for efficient and effective data integration and
analysis.
(D) The expertise of potential team members.
(E) The resources available for the project outside of the
initiative, including the potential for leveraging nonstate funding.
(F) The clinical and commercial potential of the project.
(G) The potential to reduce health disparities.
(H) The potential to scale and leverage multiple electronic health
records systems.
(I) The potential to develop the use of tools, measurements, and
data, including publicly generated and available data.
(2) A demonstration project that is selected by the office shall
advance greater understanding in at least one of the following areas,
or in another area that is determined by the office to be necessary
to advance precision medicine:
(A) The application of precision medicine to specific disease
areas.
(B) The challenges of system interoperability.
(C) Economic analysis.
(D) Standards for sharing data or protocols across institutions.
(E) The federal and state regulatory environment.
(F) The clinical environment.
(G) Challenges relating to data, tools, and infrastructure.
(H) The protection of privacy and personal health information.
(I) The potential for reducing health disparities.
(J) Methods and protocols for patient engagement.
(3) The office shall develop concrete metrics and goals for
demonstration projects, monitor their progress, and comprehensively
evaluate projects upon completion.
(4) (A) On or before January 1, 2017, and annually thereafter, the
office shall submit a report to the Legislature that provides an
update of the demonstration projects selected. Upon completion of a
demonstration project, the office shall submit an evaluation of the
demonstration project to the Legislature. A demonstration project is
deemed complete when it has completed the agreed upon tasks and
deliverables, and the project funding has been completed.
(B) A written report made pursuant to subparagraph (A) shall be
made in compliance with Section 9795.
(c) The office shall develop an inventory of precision medicine
assets, including projects, data sets, and experts. In developing the
inventory, the office shall assemble knowledge across broad disease
areas. The office shall use the inventory to inform strategic areas
for the future development of precision medicine-related projects.
(d) The office may enter into agreements with public entities, or
with nonprofit or not-for-profit organizations for the purpose of
jointly administering the programs established under the initiative
or to administer any provision of this section.
(e) The office shall create and post on a publicly available
Internet Web site guidelines for an award of funds made under any
appropriation of funds to the office for precision medicine. The
guidelines shall include, but are not limited to, the following:
(A) Eligibility requirements.
(B) A competitive, merit-based application process that allows
public and private academic and nonprofit institutions to submit
proposals as principal investigators.
(C) A comprehensive peer-reviewed selection process.
(D) Requirements regarding the use of awarded funds.
(E) Requirements regarding the use and sharing of research data
and findings.
(F) Requirements for the protection of privacy and personal health
information.
(f) The office shall solicit public, nonprofit, and private sector
input for any additional guidelines for an award of funds made
pursuant to this section.
(g) The office shall establish standards that require a grant to
be subject to an intellectual property agreement that balances the
opportunity of the state to benefit from the patents, royalties, and
licenses that result from basic research, therapy development, and
clinical trials against the need to ensure that the agreement does
not unreasonably hinder essential medical research.
(h) The office may receive nonstate funds in furtherance of the
initiative. "In furtherance of the initiative" means that funds may
be used to award additional demonstration projects under the same
terms and conditions as state funds in the initiative, held in
reserve for follow-on funding of any awardees, or used to fund other
nondemonstration project activities in a proportion no greater than
20 percent of the total of nonstate funds received over the term of
the commitment. The office shall return unexpended nonstate funds to
the source before January 1, 2020.
(i) Up to 30 percent of any amount appropriated to the office for
precision medicine may be held by the office until an equivalent
amount of nonstate matching funds is identified and received. Amounts
subject to nonstate match may be released in increments as
determined by the office.
(j) Up to 10 percent of any amount appropriated to the office for
precision medicine may be used by the office for administrative
costs.
(k) The office shall recruit a precision medicine expert selection
committee to represent various precision medicine-related skills,
such as bioinformatics, statistics, health economics, patient
engagement, and genomics. The Legislature may make nominations for
the selection committee to the office for consideration.
(l) Members of the selection committee shall be deemed to not be
interested in any contract, including any award of funds by the
committee, pursuant to this section.
(m) Prior to the selection committee's deliberative process, the
office shall notify the Legislature of the selection of the committee
members.
(n) The selection committee established in subdivision (k) shall
comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing
with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2),
except during the deliberative process as it relates to reviewing
and ranking proposals and making final selections.
(o) The selection committee shall report on the justification for
selecting the demonstration projects that are awarded funding and
provide a list of the demonstration projects that were not selected.
This report shall be posted on the Internet Web site created in
subdivision (e).
65058. It is the intent of the Legislature that the office make
awards in compliance with the following:
(a) The awards are made to demonstration projects in California.
(b) The awards are prioritized for public and private nonprofit
entities.
(c) The awards include, but are not limited to, awards to public
institutions in both northern and southern California.
65059. This article shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 30. Title 12.2 (commencing with Section 14230) is added to
Part 4 of the Penal Code, to read:
TITLE 12.2. California Firearm Violence Research Act
14230. The Legislature finds and declares the following:
(a) Firearm violence is a significant public health and public
safety problem in California and nationwide. Nationally, rates of
fatal firearm violence have remained essentially unchanged for more
than a decade, as declines in homicide have been offset by increases
in suicide.
(b) California has been the site of some of the nation's most
infamous mass shootings, such as those at a McDonald's in San Ysidro,
at Cleveland Elementary School in Stockton, near the University of
California, Santa Barbara in Isla Vista, and most recently at the
Inland Regional Center in San Bernardino. Yet public mass shootings
account for less than 1 percent of firearm violence. In 2014, there
were 2,939 firearm-related deaths in California, including 1,582
suicides, 1,230 homicides, 89 deaths by legal intervention, and 38
unintentional or undetermined deaths. In communities where firearm
violence is a frequent occurrence, the very structure of daily life
is affected.
(c) Nationwide, the annual societal cost of firearm violence was
estimated at $229,000,000,000 in 2012. A significant share of this
burden falls on California. In 2013, the Office of Statewide Health
Planning and Development noted that government-sponsored insurance
programs covered nearly two-thirds of the costs of hospitalizations
for firearm assaults in California, and about one-half of the costs
of hospitalizations for unintentional injuries or those resulting
from deliberate self-harm.
(d) California has been a leader in responding to this continuing
crisis. However, although rates of fatal firearm violence in
California are well below average for the 50 states, they are not low
enough.
(e) Too little is known about firearm violence and its prevention.
This is in substantial part because too little research has been
done. The need for more research and more sophisticated research has
repeatedly been emphasized. Because there has been so little support
for research, only a small number of trained investigators are
available.
(f) When confronted by other major health and social problems,
California and the nation have mounted effective responses, coupling
an expanded research effort with policy reform in the public's
interest. Motor vehicle accidents, cancer, heart disease, and tobacco
use are all examples of the benefits of this approach.
(g) Federal funding for firearm violence research through the
federal Centers for Disease Control and Prevention has been virtually
eliminated by Congress since 1996, leaving a major gap that must be
filled by other sources.
14231. (a) It is the intent of the Legislature to establish a
center for research into firearm-related violence. It is the intent
of the Legislature that the center be administered by the University
of California pursuant to the following principles:
(1) Interdisciplinary work of the center shall address the
following:
(A) The nature of firearm violence, including individual and
societal determinants of risk for involvement in firearm violence,
whether as a victim or a perpetrator.
(B) The individual, community, and societal consequences of
firearm violence.
(C) Prevention and treatment of firearm violence at the
individual, community, and societal levels.
(2) The center shall conduct basic, translational, and
transformative research with a mission to provide the scientific
evidence on which sound firearm violence prevention policies and
programs can be based. Its research shall include, but not be limited
to, the effectiveness of existing laws and policies intended to
reduce firearm violence, including the criminal misuse of firearms,
and efforts to promote the responsible ownership and use of firearms.
(3) The center shall work on a continuing basis with policymakers
in the Legislature and state agencies to identify, implement, and
evaluate innovative firearm violence prevention policies and
programs.
(4) To help ensure a long-term and successful effort to understand
and prevent firearm violence, the center shall recruit and provide
specialized training opportunities for new researchers, including
experienced investigators in related fields who are beginning work on
firearm violence, young investigators who have completed their
education, postdoctoral scholars, doctoral students, and
undergraduates.
(5) As a supplement to its own research, the center may administer
a small grant program for research on firearm violence. All research
funds shall be awarded on the basis of scientific merit as
determined by an open, competitive peer review process that assures
objectivity, consistency, and high quality. All qualified
investigators, regardless of institutional affiliation, shall have
equal access and opportunity to compete for the funds.
(6) The peer review process for the selection of grants awarded
under this program shall be modeled on the process used by the
National Institutes of Health in its grantmaking process.
(b) It is further the intent of the Legislature that on or before
December 31, 2017, and every five years thereafter, the University of
California transmit programmatic, as well as financial, reports to
the state, including a report on the grants made, pending grants,
program accomplishments, and the future direction of the program. The
report shall be submitted in compliance with Section 9795 of the
Government Code.
(c) Subject to the conditions and requirements established
elsewhere in statute, state agencies, including, but not limited to,
the Department of Justice, the State Department of Public Health, the
State Department of Health Care Services, the Office of Statewide
Health Planning and Development, and the Department of Motor
Vehicles, shall provide to the center, upon proper request, the data
necessary for the center to conduct its research.
(d) The center and all recipients of grants shall provide copies
of their research publications to the Legislature and to agencies
supplying data used in the conduct of that research as soon as is
practicable following publication. These submissions shall be
submitted in compliance with Section 9795 of the Government Code.
(e) Toward these ends, the Legislature requests that the Regents
of the University of California establish a Firearm Violence Research
Center and administer the center and grant program pursuant to, and
consistent with, the principles and goals stated herein.
14232. This article shall apply to the University of California
only to the extent that the Regents of the University of California,
by resolution, make any of these provisions applicable to the
university.
SEC. 31. Section 10340 of the Public Contract Code is amended to
read:
10340. (a) Except as provided by subdivision (b), state agencies
shall secure at least three competitive bids or proposals for each
contract.
(b) Three competitive bids or proposals are not required in any of
the following cases:
(1) In cases of emergency where a contract is necessary for the
immediate preservation of the public health, welfare, or safety, or
protection of state property.
(2) When the agency awarding the contract has advertised the
contract in the California State Contracts Register and has solicited
all potential contractors known to the agency, but has received less
than three bids or proposals.
(3) (A) The contract is with another state agency, a local
governmental entity, an auxiliary organization of the California
State University, an auxiliary organization of a California community
college, a foundation organized to support the Board of Governors of
the California Community Colleges, or an auxiliary organization of
the Student Aid Commission established pursuant to Section 69522 of
the Education Code. These contracts, however, shall not be used to
circumvent the competitive bidding requirements of this article.
(B) Notwithstanding subparagraph (A), until January 1, 2020, an
interagency agreement that is in effect pursuant to an amount
appropriated to the Office of Planning and Research for precision
medicine, including a contract between the Office of Planning and
Research, the Regents of the University of California, or an
auxiliary organization of the California State University, may
include a subcontract not subject to any competitive bidding
requirements of this article for the limited purpose of researching
or developing precision medicine.
(4) The contract meets the conditions prescribed by the department
pursuant to subdivision (a) of Section 10348.
(5) The contract has been awarded without advertising and calling
for bids pursuant to Section 19404 of the Welfare and Institutions
Code.
(6) Contracts entered into pursuant to Section 14838.5 of the
Government Code.
(7) Contracts for the development, maintenance, administration, or
use of licensing or proficiency testing examinations.
(8) The contract is for services for the operation, maintenance,
repair, or replacement of specialized equipment at facilities of the
State Water Resources Development System, as defined in Section 12931
of the Water Code, and meets the conditions established by the
Department of Water Resources for those contracts.
(9) The contract meets the conditions prescribed by the Department
of Water Resources for contracts subject to Section 10295.6.
(10) Contracts entered into by the Commission on Peace Officer
Standards and Training or the Office of Emergency Services solely for
the services of instructors for public safety training. For the
purpose of this paragraph, "public safety training" includes, but is
not limited to, training related to law enforcement, emergency
medical response, emergency volunteers, and fire responders.
(c) Any agency that has received less than three bids or proposals
on a contract shall document, in a manner prescribed by the
department, the names and addresses of the firms or individuals it
solicited for bids or proposals.
SEC. 32. Item 6870-101-0001 of Section 2.00 of the Budget Act of
2015 is amended to read:
6870-101-0001--For local assistance,
Board of Governors of the California
Community Colleges (Proposition 98)..... 3,623,789,000
Schedule:
(1) 5670015- 2,523,473,
Apportionments........ 000
(2) 5670019-
Apprenticeship........ 31,433,000
(3) 5670023-
Apprenticeship
Training and
Instruction........... 20,491,000
(4) 5675015-Student
Success for Basic
Skills Students....... 20,037,000
(5) 5675019-Student
Financial Aid
Administration........ 73,727,000
(6) 5675027-Disabled 115,388,00
Students.............. 0
(7) 5675031-Student
Services for Cal
WORKs Recipients...... 34,897,000
(8) 5675035-Foster Care
Education Program..... 5,254,000
(9) 5675039-Student
Success and Support 471,683,00
Program............... 0
(10) 5675061-Academic
Senate for the
Community Colleges.... 468,000
(11) 5675069-Equal
Employment
Opportunity........... 767,000
(12) 5675073-Part-Time
Faculty Health
Insurance............. 490,000
(13) 5675077-Part-Time
Faculty Compensation.. 24,907,000
(14) 5675081-Part-Time
Faculty Office Hours.. 3,514,000
(15) 5675099-
Telecommunications
and Technology
Infrastructure........ 19,890,000
(16) 5675119-Economic
Development........... 22,929,000
(17) 5675123-Transfer
Education and
Articulation.......... 698,000
(18) 5675023-Extended
Opportunity Programs 123,189,00
and Services.......... 0
(19) 5675115-Fund for
Student Success....... 3,792,000
(20) 5675150-Campus
Childcare Tax Bailout. 3,384,000
(21) 5675156-Nursing
Program Support....... 13,378,000
(22) 5670035-Expand the
Delivery of Courses
through Technology.... 10,000,000
(23) 5675133-Physical
Plant and 100,000,00
Instructional Support. 0
Provisions:
1. The funds appropriated in this
item are for transfer by the
Controller during the 2015-16
fiscal year to Section B of the
State School Fund.
2. (a) The funds appropriated in
Schedule (1) shall be
allocated using the budget
formula established
pursuant to Section
84750.5 of the Education
Code. The budget formula
shall be adjusted to
reflect the following:
(1) Of the funds
appropriated in
Schedule (1),
$156,457,000 shall
be used to increase
statewide growth of
full-time equivalent
students (FTES) by 3
percent.
(2) Of the funds
appropriated in
Schedule (1),
$61,022,000 shall be
used to reflect a
cost-of-living
adjustment of 1.02
percent.
(b) Of the funds appropriated
in Schedule (1)
$266,692,000 shall be used
to adjust the budget
formula pursuant to
Section 84750.5 of the
Education Code to
recognize increases in
operating costs and to
improve instruction.
(c) Funds allocated to a
community college district
from funds included in
Schedule (1) shall
directly offset any
mandated costs claimed for
the Minimum Conditions for
State Aid (02-TC-25 and 02-
TC-31) program or any
costs of complying with
Section 84754.5 of the
Education Code.
(d) Of the funds appropriated
in Schedule (1):
(1) $100,000 is for a
maintenance
allowance, pursuant
to Section 54200 of
Title 5 of the
California Code of
Regulations.
(2) Up to $500,000 is to
reimburse colleges
for the costs of
federal aid
repayments related
to assessed fees for
fee waiver
recipients. This
reimbursement only
applies to students
who completely
withdraw from
college before the
census date pursuant
to Section 58508 of
Title 5 of the
California Code of
Regulations.
(e) (1) Of the funds
appropriated in
Schedule (1),
$62,320,000 is for
increasing the
number of full-time
faculty within the
community college
system.
Notwithstanding,
Subchapter 1
(commencing with
Section 51025) of
Chapter 2 of
Division 6 of Title
5 of the California
Code of Regulations,
the Chancellor of
the California
Community Colleges
shall allocate these
funds to all
districts on a per
FTES basis by
modifying each
district's budget
formula pursuant to
Section 84750.5 of
the Education Code.
All districts,
including districts
that have offsetting
local revenues that
exceed the funding
calculated pursuant
to the district's
budget formula,
shall receive
funding pursuant to
this subdivision.
Any revisions to the
budget formula made
for the purposes of
this subdivision
shall be made and
reported consistent
with the
requirements of
subdivision (f) of
Section 84750.5 of
the Education Code.
(2) Utilizing the data
from the full-time
faculty obligation
report for the 2014-
15 fiscal year, the
chancellor shall
rank, from the
lowest to the
greatest full-time
faculty percentage,
each community
college district
within quintiles so
that each quintile
has approximately
equal numbers of
full-time equivalent
students. The
chancellor shall
adjust the faculty
obligation number
for each district as
follows:
(A) An increase of one
for every $73,057
received for
districts in the
lowest quintile
(quintile 1).
(B) An increase of one
for every $80,000
received for
districts in the
second quintile
(quintile 2).
(C) An increase of one
for every $95,000
received for
districts in the
third quintile
(quintile 3).
(D) An increase of one
for every $110,000
received for
districts in the
fourth quintile
(quintile 4).
(E) An increase of one
for every $125,000
received for
districts in the
fifth quintile
(quintile 5).
(F) If the number of
full-time faculty
increased pursuant
to subparagraphs (A)
through (E) results
in a district
exceeding the 75-
percent standard,
the Chancellor shall
increase the number
of the full-time
obligation to a
point that leaves
the district as
close as possible
to, but not in
excess of, the 75-
percent standard,
consistent with
paragraph (5) of
subdivision (c) of
Section 51025 of
Subchapter (1) of
Chapter 2 of
Division 6 of Title
5 of the California
Code of Regulations.
(3) To the extent that
the increased
faculty obligation
number calculated in
paragraph (2) does
not result in an
obligation to hire
additional full-time
faculty, it is the
intent of the
Legislature that
districts use these
funds to enhance
student success
through the support
of part-time and
full-time faculty,
including, but not
limited to, part-
time faculty office
hours.
3. (a) The funds appropriated in
Schedule (2) shall be
available pursuant to
Article 3 (commencing with
Section 79140) of Chapter
9 of Part 48 of Division 7
of Title 3 of the
Education Code.
(b) Pursuant to Section
79149.3 of the Education
Code, the reimbursement
rate shall be $5.46 per
hour.
(c) Of the funds appropriated
in Schedule (2),
$15,000,000 shall be used
for the purposes of
Section 79148 of the
Education Code.
4. (a) The funds appropriated in
Schedule (3) shall be
available pursuant to
Article 8 (commencing with
Section 8150) of Chapter 1
of Part 6 of Division 1 of
Title 1 of the Education
Code.
(b) Pursuant to Section 8152
of the Education Code, the
reimbursement rate shall
be $5.46 per hour.
5. Of the funds appropriated in
Schedule (4):
(a) $1,209,000 shall be used
for faculty and staff
development to improve
curriculum, instruction,
student services, and
program practices in basic
skills and English as a
Second Language (ESL)
programs. The Chancellor
of the California
Community Colleges
(chancellor) shall select
a district, using a
competitive process, to
carry out these activities.
(b) $18,828,000 shall be
allocated by the
chancellor to community
college districts to
improve outcomes of
students who enter college
needing to complete at
least one course in ESL or
basic skills.
6. (a) Of the funds
appropriated in Schedule
(5):
(1) Not less than
$16,772,000 is
available to provide
$0.91 per unit
reimbursement to
community college
districts for the
provision of board
of governors (BOG)
fee waiver awards
pursuant to
paragraph (2) of
subdivision (m) of
Section 76300 of the
Education Code.
(2) Not less than
$16,955,000 is
available for the
Board Financial
Assistance Program
to provide
reimbursement of 2
percent of total
waiver value to
community college
districts for the
provision of BOG fee
waiver awards
pursuant to
paragraph (2) of
subdivision (m) of
Section 76300 of the
Education Code.
(3) $2,800,000 shall be
allocated to a
community college
district to conduct
a statewide media
campaign to promote
the following
message: (A) the
California Community
Colleges are
affordable, (B)
financial aid is
available to cover
fees and help with
books and other
costs, and (C) an
interested student
should contact his
or her local
community college
financial aid
office. The campaign
should target
efforts to reach low-
income and
disadvantaged
students who must
overcome barriers in
accessing
postsecondary
education. The
community college
district awarded the
contract shall
consult regularly
with the chancellor
and the Student Aid
Commission.
(4) Not more than
$37,200,000 shall be
for direct contact
with potential and
current financial
aid applicants. Each
California Community
College campus shall
receive a minimum
allocation of
$50,000. The
remainder of the
funding shall be
allocated to
campuses based upon
a formula reflecting
FTES weighted by a
measure of low-
income populations
demonstrated by BOG
fee waiver program
participation within
a district. Of the
amount allocated
pursuant to this
paragraph,
$3,000,000 is
available on a one-
time basis to
support the
administration of
Cal Grant B Access
Award distributions
to students pursuant
to Item 6870-102-
0001.
(5) Funds allocated to a
community college
district
pursuant to
paragraphs (1) and
(2) shall
supplement, not
supplant, the level
of funds allocated
for the
administration of
student financial
aid programs during
the 2001-02 or 2006-
07 fiscal year,
whichever is greater.
(6) Funding allocated to
a community college
district pursuant to
paragraphs (1) and
(2) shall directly
offset any costs
claimed by that
district for any of
the following
mandates: Enrollment
Fee Collection (99-
TC-13), Enrollment
Fee Waivers (00-TC-
15), Cal Grants (02-
TC-28), and Tuition
Fee Waivers (02-TC-
21).
(7) Notwithstanding
subdivision (m) of
Section 76300 of
the Education Code
or any other
provision of law,
the amount of funds
appropriated for the
purpose of
administering fee
waivers for the 2015-
16 fiscal year shall
be determined in
this act.
7. (a) The funds appropriated in
Schedule (6) shall be used
to assist districts in
funding the excess direct
instructional cost of
providing special support
services or instruction,
or both, to disabled
students enrolled at
community colleges and for
state hospital programs,
as mandated by federal law.
(b) Of the amount appropriated
in Schedule (6):
(1) At least $3,945,000
shall be used to
address deficiencies
identified by the
United States
Department of
Education Office for
Civil Rights.
(2) At least $943,000
shall be used to
support the High
Tech Centers for
activities,
including, but not
limited to, training
of district
employees, staff,
and students in the
use of specialized
computer equipment
for the disabled.
(3) At least $9,600,000
shall be allocated
to community college
districts for sign
language interpreter
services, real-time
captioning
equipment, or other
communication
accommodations for
hearing-impaired
students. A
community college
district is required
to spend $1 from
local or other
resources for every
$4 received pursuant
to this paragraph.
(4) $1,000,000 shall be
allocated for state
hospital adult
education programs
at the hospitals
served by the Coast
and Kern Community
College Districts.
8. (a) The funds appropriated in
Schedule (7) shall be
allocated pursuant to
Article 5 (commencing with
Section 79200) of Chapter
9 of Part 48 of Division 7
of Title 3 of the
Education Code.
(b) Of the amount appropriated
in Schedule (7):
(1) $9,188,000 is for
child care, except
that a community
college district may
request that the
chancellor approve
use of funds for
other purposes.
(2) No less than
$4,900,000 shall be
used to provide
direct workstudy
wage reimbursement
for students served
under this program,
and $613,000 is
available for campus
job development and
placement services.
(c) A community college
district is required to
spend $1 from local or
other resources for every
$1 received pursuant to
this provision, except for
any funds received
pursuant to paragraph (1)
of subdivision (b).
9. (a) The funds appropriated in
Schedule (8) shall be
allocated to community
college districts to
provide foster and
relative/kinship care
education and training
pursuant to Article 8
(commencing with
Section 79240) of Chapter
9 of Part 48 of Division 7
of Title 3 of the
Education Code. A
community college district
shall ensure that
education and training
required pursuant to
Sections 1529.1 and 1529.2
of the Health and Safety
Code and Section 16003 of
the Welfare and
Institutions Code receives
priority.
10. (a) The funds appropriated in
Schedule (9) shall be used
for the purposes of
Article 1 (commencing with
Section 78210) of Chapter
2 of Part 48 of Division 7
of Title 3 of the
Education Code.
(b) Of the amount included in
Schedule (9):
(1) $285,183,000 shall
be allocated
pursuant to Section
78216 of the
Education Code.
(2) (A) $155,000,000
shall be allocated
to community college
districts to
implement student
equity plans
pursuant to Article
1.5 of Chapter 2 of
Part 48 of Division
7 of Title 3 of the
Education Code.
These plans shall be
coordinated with the
Student Success and
Support Program
plans, pursuant to
Section 78216 of the
Education Code, and
the Student Success
Scorecard, pursuant
to Section 84754.5
of the Education
Code.
(B) These funds
shall be allocated
by the chancellor to
community college
districts using a
methodology that
ensures that
districts with a
greater proportion
or number of
students who have
high needs receive
more resources to
provide services to
these students. The
chancellor shall
ensure that the
allocation
methodology reflects
the inclusion of
foster youth within
the proportion or
number of high-needs
students.
(C) Consistent with
the intent of
Chapter 771 of the
Statutes of 2014 and
within the funds
allocated to
community college
districts pursuant
to this paragraph,
the chancellor shall
enter into
agreements with up
to 10 community
college districts to
provide additional
services in support
of postsecondary
education for foster
youth. Up to $15
million of the funds
allocated to
community college
districts pursuant
to this paragraph
shall be prioritized
for services
pursuant to Chapter
771 of the Statutes
of 2014. Further,
the chancellor shall
ensure that the list
of eligible
expenditures
developed pursuant
to subdivision (d)
of Section 78221 of
the Education Code
includes
expenditures that
are consistent with
the intent of
Chapter 771 of the
Statutes of 2014.
(D) Nothing in this
provision prevents
existing student-
equity related
categorical programs
or campus-based
programs from
accessing student
equity plan funds.
(3) (A) $5,500,000 may
be used by the
chancellor to
provide technical
assistance to
community college
districts that
demonstrate low
performance in any
area of operations.
It is the intent of
the Legislature that
technical assistance
providers be
contracted in a cost-
effective manner,
that they primarily
consist of experts
who are current and
former employees of
the California
Community Colleges,
and that they
provide technical
assistance
consistent with the
vision for the
California Community
Colleges.
(B) Technical
assistance funded
pursuant to this
paragraph that is
initiated by the
chancellor may be
provided at no cost
to the district. If
a community college
district requests
technical
assistance, the
district is required
to spend at least $1
from local or other
resources for every
$2 received as
determined by the
chancellor.
(4) (A) 12,000,000 may
be used by the
chancellor to
provide regional and
online workshops and
trainings to
community college
personnel to promote
statewide
priorities,
including, but not
limited to:
strategies to
improve student
achievement;
strategies to
improve community
college operations;
and system
leadership training
to better coordinate
planning,
implementation, and
outcomes of
statewide
initiatives. To the
extent possible, the
chancellor shall
partner with
existing statewide
initiatives with
proven results of
improving student
success and
institutional
effectiveness.
Beginning in the
2016-17 fiscal year,
the Chancellor of
the California
Community Colleges
shall submit a
report on the use of
these funds in the
prior year to the
Department of
Finance and the
Joint Legislative
Budget Committee no
later than October 1
of each year.
(B) Funding
available pursuant
to this paragraph
may be utilized by
the chancellor to
coordinate with
community college
districts to develop
and disseminate
effective practices
through the
establishment of an
online clearinghouse
of information. The
development of
effective practices
shall include, but
not be limited to,
statewide priorities
such as the
development of
educational programs
or courses for the
incarcerated
adults in prisons
and jails, and the
formerly
incarcerated,
educational programs
or courses for
California
Conservation Corps
members, and other
effective practices.
(C) It is the intent
of the Legislature
to encourage the
chancellor to
facilitate the
development of local
community college
courses for the
California
Conservation Corps
and the incarcerated
adults in prisons
and jails, and the
formerly
incarcerated. The
California
Department of
Corrections and
Rehabilitation and
the California
Conservation Corps
are encouraged to
partner with the
chancellor's office
in the development
and dissemination of
local community
college courses and
effective practices
pursuant to this
subparagraph and
subparagraph (B).
(D) It is the intent
of the Legislature
that the Chancellor
identify one or
multiple community
college districts
that would be
willing to utilize
at least a total of
$5,000,000 of their
combined funding for
the purpose of
developing and
providing effective
education programs
for incarcerated
adults in prisons
and jails, and the
formerly
incarcerated. These
funds shall be
utilized to receive
a 1 to 3 match of
state to private
funds that could be
available for these
purposes. Any
private funds
received would be
allocated to the
identified community
colleges based on
their proportion of
the combined funding
match, as determined
by the Chancellor.
(E) Funds
appropriated
pursuant to this
paragraph shall be
available for
encumbrance and
expenditure until
June 30, 2018.
(5) Up to $14,000,000
may be used for e-
transcript, e-
planning, and common
assessment tools.
Any remaining funds
shall be used
pursuant to
paragraph (1).
11. The funds in Schedule (13) shall
be allocated to increase
compensation for part-time
faculty. Funds shall be
allocated to districts based on
the total actual number of FTES
in the previous fiscal year,
with an adjustment to the
allocations provided to small
districts. These funds shall
be used to assist districts in
making part-time faculty
salaries more comparable to full-
time salaries for similar work,
as determined through collective
bargaining in each community
college district. If a community
college district achieves parity
between compensation for full-
time faculty and part-time
faculty, funds received pursuant
to this provision may be used
for any other educational
purpose.
12. Of the funds provided in
Schedule (15):
(a) $19,890,000 shall be
allocated by the
chancellor on a
competitive basis, for the
following purposes:
(1) Provision of access
to statewide
multimedia hosting
and delivery
services for state
colleges and
districts.
(2) Provision of
systemwide Internet,
audio bridging, and
telephony.
(3) Technical assistance
and planning,
cooperative purchase
agreements, and
faculty and staff
development.
(4) Ongoing support for
the California
Virtual Campus
Distance Education
Program.
(5) Ongoing support for
programs designed to
use technology in
assisting
accreditation and
the alignment of
curricula across K-
20 segments in
California.
(6) Support for
technology pilots
and ongoing
technology programs
and applications
that serve to
maximize the utility
and economy of scale
of the technology
investments of the
community college
system toward
improving learning
outcomes.
(7) Ongoing support of
the California
Partnership for
Achieving Student
Success (Cal-PASS)
program.
(b) The remaining funds shall
be available for
allocations to districts
to maintain technology
capabilities.
13. Of the funds appropriated in
Schedule (16), the following
shall apply:
(a) Up to 10 percent may be
allocated for state-level
technical assistance,
including statewide
network leadership,
organizational
development, coordination,
and information and
support services.
(b) All remaining funds shall
be allocated for programs
that target investments in
priority and emergent
sectors, including
statewide and/or regional
centers, hubs,
collaborative communities,
advisory bodies, and short-
term grants. Short-term
grants may include
industry-driven regional
education and training,
Responsive Incumbent
Worker Training, and Job
Development Incentive
Training.
(c) Funds applied to
performance-based training
shall be matched by a
minimum of $1 contributed
by private businesses or
industry for each $1 of
state funds. The
chancellor shall consider
the level of involvement
and financial commitments
of business and industry
in making awards for
performance-based training.
14. (a) The funds appropriated in
Schedule (17) shall be
used to support transfer
and articulation projects
and common course
numbering projects.
(b) Funding provided to
community college
districts shall directly
offset any costs claimed
by community college
districts to be mandates
pursuant to Chapter 737 of
the Statutes of 2004.
15. (a) Of the funds appropriated
in Schedule (18):
(1) $107,570,000 shall
be used pursuant to
Article 8
(commencing with
Section 69640) of
Chapter 2 of Part 42
of Division 5 of
Title 3 of the
Education Code.
Funds provided in
this item for
Extended Opportunity
Programs and
Services shall be
available to
students on all
campuses within the
California Community
Colleges system.
(3) $15,619,000 shall be
used for funding, at
all colleges, the
Cooperative Agencies
Resources for
Education program in
accordance with
Article 4
(commencing with
Section 79150) of
Chapter 9 of Part 48
of Division 7 of
Title 3 of the
Education Code. The
chancellor shall
allocate these funds
to local programs on
the basis of need
for student services.
(b) Of the amount allocated
pursuant to subdivision
(a), no less than
$4,972,000 shall be
available to support
additional textbook
assistance grants to
community college students.
16. The funds appropriated in
Schedule (19) shall be used for
the following purposes:
(a) $1,183,000 shall be used
for the Puente Project to
support up to 75 colleges.
These funds are available
if matched by $200,000 of
private funds and if the
participating community
colleges and University of
California campuses
maintain their 1995-96
fiscal year support level
for the Puente Project.
All funding shall be
allocated directly to
participating districts in
accordance with their
participation agreement.
(b) Up to $1,515,000 is for
the Mathematics,
Engineering, Science
Achievement (MESA)
program. A community
college district is
required to spend $1 from
local or other resources
for every $1 received
pursuant to this
subdivision.
(c) No less than $1,094,000 is
for the Middle College
High School Program. With
the exception of special
part-time students at the
community colleges
pursuant to Sections 48802
and 76001 of the Education
Code, student workload
based on participation in
the Middle College High
School Program shall not
be eligible for community
college state
apportionment.
17. The funds appropriated in
Schedule (20) shall be allocated
by the chancellor to community
college districts that levied
child care permissive override
taxes in the 1977-78 fiscal year
pursuant to Sections 8329 and
8330 of the Education Code in an
amount proportional to the
property tax revenues, tax
relief subventions, and state
aid required to be made
available by the district to its
child care and development
program for the 1979-80 fiscal
year pursuant to Section 30 of
Chapter 1035 of the Statutes of
1979, increased or decreased by
any cost-of-living adjustment
granted in subsequent fiscal
years. These funds shall be used
only for the purpose of
community college child care and
development programs.
18. Of the funds appropriated in
Schedule (21):
(a) $8,475,000 shall be used
to provide support for
nursing programs.
(b) $4,903,000 shall be used
for diagnostic and support
services, preentry
coursework, alternative
program delivery model
development, and other
services to reduce the
incidence of student
attrition in nursing
programs.
19. The funds appropriated in
Schedule (22) shall be allocated
to the chancellor to increase
the number of courses available
through the use of technology
and to provide alternative
methods for students to earn
college credit. The
chancellor shall ensure, to the
extent possible, that the
following conditions are
satisfied:
(a) These courses can be
articulated across all
community college
districts.
(b) These courses are made
available to students
systemwide, regardless of
the campus at which a
student is enrolled.
(c) Students who complete
these courses are granted
degree-applicable credit
across community
colleges.
(d) These funds shall be used
for those courses that
have the highest demand,
fill quickly, and are
prerequisites for many
different degrees.
20. (a) Any funds appropriated in
Schedule (23) are
available for the
following purposes:
(1) Scheduled maintenance and
special repairs of
facilities. The Chancellor
of the California
Community Colleges shall
allocate funds to
districts on the basis of
actual reported FTES, and
may establish a
minimum allocation per
district. As a condition
for receiving and
expending these funds for
maintenance or special
repairs, a district shall
certify that it will
increase its operations
and maintenance spending
from the 1995-96 fiscal
year by the amount it
allocates from this
appropriation for
maintenance and special
repairs. The question of
whether a district has
complied with its
resolution shall be
reviewed under the annual
audit of that district.
(2) Hazardous substances
abatement, cleanup, and
repairs.
(3) Architectural barrier
removal projects that meet
the requirements of the
federal Americans with
Disabilities Act of 1990
(42 U.S.C. Sec. 12101
et seq.) and seismic
retrofit projects limited
to $400,000.
(4) Water conservation
projects to reduce water
consumption in cooperation
with the Governor's
Executive Order B-29-15.
Projects may include any
of the following:
(A) Replacement of water
intensive
landscaping with
drought tolerant
landscaping,
synthetic turf,
provided that the
turf is used only in
nonathletic areas,
and other nonplant
materials.
(B) Drip or low-flow
irrigation systems.
(C) Building
improvements to
reduce water usage.
(D) Installation of
meters for wells to
allow for monitoring
of water usage.
(b) Any funds appropriated in
Schedule (23) are
available for replacement
of instructional equipment
and library materials. The
funds provided for
instructional equipment
and library materials
shall not be used for
personal services costs or
operating expenses. The
chancellor shall allocate
funds to districts on the
basis of actual reported
FTES and may establish a
minimum allocation per
district. The question of
whether a district has
complied with its
resolution shall be
reviewed under the annual
audit of that district.
(c) Any funds appropriated in
Schedule (23) shall be
available for one-time use
until June 30, 2017.
SEC. 33. Section 9 of Chapter 489 of the Statutes of 2007 is
amended to read:
Sec. 9. (a) The sum of thirty-three million one hundred thousand
dollars ($33,100,000) is hereby appropriated from the General Fund to
the Board of Governors of the California Community Colleges, in
augmentation of Schedule (2) (10.10.020 Basic Skills and
Apprenticeship) of Item 6870-101-0001 of the Budget Act of 2007
(Chapters 171 and 172 of the Statutes of 2007).
(b) These funds shall be available for the following purposes:
(1) The sum of one million six hundred thousand dollars
($1,600,000) for faculty and staff development to improve curriculum,
instruction, student services, and program practices in the areas of
basic skills and English as a Second Language (ESL) programs. The
Office of the Chancellor shall select a district, utilizing a
competitive process, to carry out these faculty and staff development
activities. All colleges receiving funds pursuant to paragraph (2)
shall be provided with the opportunity to participate in the faculty
and staff development programs specified in this paragraph. The
Chancellor shall report on the use of these funds by the selected
district to the Legislative Analyst and the Department of Finance not
later than September 1, 2008.
(2) The sum of thirty-one million five hundred thousand dollars
($31,500,000) for allocation by the Chancellor to community college
districts for improving outcomes of students who enter college
needing at least one course in ESL or basic skills, with particular
emphasis on students transitioning from high school.
(A) Funds allocated pursuant to this paragraph shall be expended
for program and curriculum planning and development, student
assessment, advisement and counseling services, supplemental
instruction and tutoring, articulation, instructional materials and
equipment, and any other purpose directly related to the enhancement
of basic skills, ESL instruction, and related student programs. The
allocated funds shall supplement, and not supplant, current
expenditures by districts for matriculation and assessment services,
basic skills, ESL instruction, and related student programs.
(B) To be eligible to receive funds pursuant to this paragraph, a
district must submit to the Office of the Chancellor an application
containing a certification that the college will, within the fiscal
year, (i) complete an assessment of its programs and activities
serving basic skills and ESL students utilizing the assessment tool
developed pursuant to paragraph (1) of Item 6870-493 of Section 2.00
of the Budget Act of 2006 (Chapters 47 and 48 of the Statutes of
2006), and (ii) submit to the Office of the Chancellor an action and
expenditure plan for funds received under this paragraph.
(C) The Office of the Chancellor shall work jointly with the
Department of Finance and the Legislative Analyst to develop annual
accountability measures for this program. It is the intent of the
Legislature that annual performance accountability measures for this
program utilize, to the extent possible, data available as part of
the accountability system developed pursuant to Section 84754.5 of
the Education Code. By November 1, 2008, the Chancellor shall submit
a report to the Governor and Legislature on the annual accountability
measures developed pursuant to this process.
(D) The Chancellor shall distribute funds to districts on the
basis of the following two factors, with equal weight given to each:
(i) the number of full-time equivalent students generated in basic
skills and ESL courses in the preceding fiscal year; and (ii) the
number of full-time equivalent students generated in basic skills and
ESL courses by students transitioning from high schools in the
preceding fiscal year. For purposes of distributing these funds, the
Chancellor may establish a minimum allocation of one hundred thousand
dollars ($100,000) per college.
(c) This section shall become inoperative on July 1, 2017, and, as
of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 34. (a) The sum of three million dollars ($3,000,000) is
hereby appropriated from the General Fund to the California State
Library for allocation pursuant to this act.
(b) (1) On or before September 1, 2017, the California State
Library shall submit a report to the Director of Finance and the
Legislature about the use of the moneys described in subdivision (a).
The report shall include all of the following:
(A) A summary of the grants awarded, including grant amounts.
(B) A description of the projects.
(C) A description of any additional funding benefiting the
projects.
(D) Information about the progress of grantees toward establishing
regional or statewide E-resource platforms.
(E) Information, where applicable, about the utilization of shared
E-resources resulting from the grants.
(F) A description, where applicable, of any other funding
benefiting the projects.
(2) The report submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 35. (a) For the 2016-17 fiscal year, the sum of seven million
dollars ($7,000,000) is hereby appropriated from the General Fund to
the Board of Governors of the California Community Colleges for
allocation to community college districts to enhance network
infrastructure through the Telecommunications and Technology
Infrastructure Program administered by the board of governors.
(b) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriation made
by subdivision (a) shall be deemed to be "General Fund revenues
appropriated for community college districts," as defined in
subdivision (d) of Section 41202 of the Education Code, for the
2015-16 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code,
for the 2015-16 fiscal year.
SEC. 36. (a) (1) For the 2016-17 fiscal year, thirty-one million
six hundred ninety-five thousand dollars ($31,695,000) is hereby
appropriated from the General Fund to the Board of Governors of the
California Community Colleges in augmentation of Schedule (1) of Item
6870-101-0001 of Section 2.00 of the Budget Act of 2015 for
allocation to community college districts to backfill a projected
shortfall in final 2015-16 offsetting local revenues as specified in
Section 84751 of the Education Code.
(2) The Director of Finance shall initially determine the need for
a backfill pursuant to paragraph (1) by comparing 2015-16 offsetting
local revenues, as certified by the Chancellor of the California
Community Colleges at the second principal apportionment for the
2015-16 fiscal year, to the estimated offsetting local revenues used
by the Department of Finance when developing the Proposition 98
General Fund apportionment need pursuant to Section 84750.5 of the
Education Code for the Budget Act of 2015.
(3) The Director of Finance shall notify the Chairperson of the
Joint Legislative Budget Committee, or his or her designee, of the
amount needed to address the local revenue shortfall determined
pursuant to this subdivision. The Chancellor of the California
Community Colleges shall disburse that amount from funds available
pursuant to this subdivision not sooner than five days after this
notification and work with the Controller to allocate these funds to
community college districts as soon as practicable.
(b) (1) Notwithstanding paragraph (2) of subdivision (a), no later
than April 1, 2017, the Director of Finance shall redetermine the
need for a backfill by comparing 2015-16 offsetting local revenues,
as certified by the Chancellor of the California Community Colleges
at the first principal apportionment for the 2016-17 fiscal year, to
the estimated offsetting local revenues used by the Department of
Finance when developing the Proposition 98 General Fund apportionment
need pursuant to Section 84750.5 of the Education Code for the
Budget Act of 2015.
(2) To the extent that the redetermination made pursuant to this
subdivision results in a backfill amount that is less than thirty-one
million six hundred ninety-five thousand dollars ($31,695,000), the
Department of Finance shall compute the difference between the
revised backfill calculated pursuant to this subdivision and
thirty-one million six hundred ninety-five thousand dollars
($31,695,000). If the amount computed is greater than one thousand
dollars ($1,000), the Director of Finance shall reallocate this
amount from Schedule (1) of Item 6870-101-0001 of Section 2.00 of the
Budget Act of 2015, as adjusted pursuant to subdivision (a), to
community colleges pursuant to subdivision (c) of Section 17581.95 of
the Government Code.
(3) The Director of Finance shall notify the Chairperson of the
Joint Legislative Budget Committee, or his or her designee, of the
amount needed to address the local revenue shortfall determined
pursuant to paragraph (2), and of the amount to be disbursed pursuant
to subdivision (c) of Section 17581.95 of the Government Code, if
applicable. The Chancellor of the California Community Colleges shall
disburse the funds available pursuant to this subdivision not sooner
than five days after this notification and work with the Controller
to allocate these funds to community college districts as soon as
practicable.
(c) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriation made
by subdivision (a) shall be deemed to be "General Fund revenues
appropriated for community college districts," as defined in
subdivision (d) of Section 41202 of the Education Code, for the
2015-16 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code,
for the 2015-16 fiscal year.
SEC. 37. (a) For the 2016-17 fiscal year, the sum of twenty
million dollars ($20,000,000) is hereby appropriated from the General
Fund to the Board of Governors of the California Community Colleges
for allocation to community college districts to expedite and enhance
the adaptation and development of courses that are available through
the online course exchange of the Online Education Initiative. The
online course exchange is intended to provide community college
students with increased access to and success in high-quality online
courses.
(b) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriation made
by subdivision (a) shall be deemed to be "General Fund revenues
appropriated for community college districts," as defined in
subdivision (d) of Section 41202 of the Education Code, for the
2014-15 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code,
for the 2014-15 fiscal year.
SEC. 38. (a) For the 2016-17 fiscal year, the sum of five million
dollars ($5,000,000) is hereby appropriated from the General Fund to
the Chancellor of the California Community Colleges for allocation
for purposes of this section.
(b) Pursuant to a competitive process, and using one-time funds
appropriated for this purpose in the Budget Act of 2016, the
Chancellor of the California Community Colleges and the
Superintendent of Public Instruction shall jointly select a community
college district, school district, county office of education, or
adult education consortium to provide statewide leadership for
community college districts and local educational agencies
participating in the Adult Education Block Grant Program (Article 9
(commencing with Section 84900) of Chapter 5 of Part 50 of Division 7
of Title 3 of the Education Code). Each community college district
and local educational agency participating in the Adult Education
Block Grant Program shall be provided with the opportunity to
participate in the statewide leadership activities specified in this
section.
(c) For purposes of this section, "statewide leadership activities"
include, but are not necessarily limited to, all of the following:
(1) Researching, developing, and disseminating effective practices
and producing guidance documents.
(2) Providing adult education consortia with technical assistance
to enhance the effectiveness of their local adult education programs.
(3) Providing professional development opportunities to adult
education consortia.
(4) Establishing and maintaining an Internet Web site containing
programmatic guidance.
(5) Enhancing programmatic collaboration with other state and
federal education and workforce development programs.
(6) Evaluating and reporting on the effectiveness of the Adult
Education Block Grant Program pursuant to Section 84917 of the
Education Code.
(7) Supporting the implementation of systems, policies, and
procedures for financial and data reporting, as necessary, pursuant
to Section 84920 of the Education Code.
(d) The selected community college district or local educational
agency shall expend funds received pursuant to subdivision (b) to
support the statewide leadership activities identified in subdivision
(c). The funds allocated pursuant to this section shall be expended
by the selected community college district or local educational
agency to provide leadership activities in the 2016-17, 2017-18, and
2018-19 fiscal years.
(e) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriation made
by subdivision (a) shall be deemed to be "General Fund revenues
appropriated for school districts and community college districts,"
as defined in subdivisions (c) and (d) of Section 41202 of the
Education Code, for the 2016-17 fiscal year, and included within the
"total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIII B," as defined in subdivision (e) of Section 41202 of
the Education Code, for the 2016-17 fiscal year.
SEC. 39. (a) This section shall be known, and may be cited, as the
A-G Success Initiative.
(b) The sum of four million dollars ($4,000,000) is hereby
appropriated from the General Fund to the University of California
for the purposes of this section.
(c) The moneys appropriated in subdivision (b) shall be used for
the development of online classes and curriculum for at least 45
middle and high school courses that would be aligned with the
academic content and state standards adopted by the State Board of
Education and approved by the University of California for purposes
of satisfying the "a-g" subject requirements.
(d) As a condition of receiving the moneys appropriated in
subdivision (b), the University of California shall do all of the
following:
(1) Solicit comments from the representatives of local educational
agencies regarding the specific online classes and curriculum to be
developed pursuant to subdivision (c).
(2) No later than January 1, 2017, submit a report to the Director
of Finance, the President of the State Board of Education, and the
Legislature, pursuant to Section 9795 of the Government Code, on the
specific online classes and curriculum selected for development.
(3) No later than January 1, 2018, make the online classes and
curriculum developed pursuant to this section available.
(4) Conduct outreach specifically to pupils from groups
underrepresented in higher education regarding options for satisfying
the "a-g" subject requirements.
(e) The online classes and curriculum developed pursuant to this
section shall be free for California public school pupils and
teachers.
(f) Pursuant to Article 5.5 (commencing with Section 49010) of
Chapter 6 of Part 27 of Division 4 of Title 2 of the Education Code,
a pupil enrolled in a public school shall not be required to pay a
pupil fee for participation in an educational activity, including
enrollment in any classes or use of any curriculum developed pursuant
to this section.
SEC. 40. (a) The sum of thirty-five million dollars ($35,000,000)
is hereby appropriated from the General Fund to the Trustees of the
California State University for the purposes of this section.
(b) The funds shall not be released until the Director of Finance
has certified that the trustees have done, no later than September
30, 2016, all of the following:
(1) Adopted a plan for the university that specifies both of the
following:
(A) The timeframe by which all of following will occur:
(i) The four-year graduation rate for students of the university
increases above the four-year graduation rate for students at other
postsecondary educational institutions.
(ii) The two-year transfer graduation rate for students of the
university increases above the two-year transfer graduation rate for
students at other postsecondary educational institutions.
(iii) The four-year graduation rate for low-income students
increases to at least the four-year graduation rate for its students
who are not low-income students.
(iv) The two-year transfer graduation rate for low-income students
increases to at least the two-year transfer graduation rate for its
students who are not low-income students.
(v) The four-year graduation rate for students at the university
who are from underrepresented minority groups increases to at least
the four-year graduation rate for students at the university who are
not from underrepresented minority groups.
(vi) The two-year transfer graduation rate for students at the
university who are from underrepresented minority groups increases to
at least the two-year transfer graduation rate for students at the
university who are not from underrepresented minority groups.
(vii) The four-year graduation rate for first-generation college
students of the university increases to at least the four-year
graduation rate for students at the university who are not
first-generation college students.
(viii) The two-year transfer graduation rate for first-generation
college students of the university increases to at least the two-year
transfer graduation rate for students at the university who are not
first-generation college students.
(B) The specific actions to be taken by the university, including
changes in its policies, practices, and systems, that can credibly be
expected to achieve the results specified in the portion of the plan
developed pursuant to subparagraph (A).
(2) Adopted a plan for each campus that specifies both of the
following:
(A) The timeframe by which all of the following will occur:
(i) The four-year graduation rate for students of the campus
increases above the four-year graduation rate for students at other
postsecondary educational institutions.
(ii) The two-year transfer graduation rate for students at the
campus increases above the two-year transfer graduation rate for
students at other postsecondary educational institutions.
(iii) The four-year graduation rate for low-income students at the
campus increases to at least the four-year graduation rate for
students at the campus who are not low-income students.
(iv) The two-year transfer graduation rate for low-income students
at the campus increases to at least the two-year transfer graduation
rate for students at the campus who are not low-income students.
(v) The four-year graduation rate for students at the campus who
are from underrepresented minority groups increases to at least the
four-year graduation rate for students at the campus who are not from
underrepresented minority groups.
(vi) The two-year transfer graduation rate for students at the
campus who are from underrepresented minority groups increases to at
least the two-year transfer graduation rate for students at the
campus who are not from underrepresented minority groups.
(vii) The four-year graduation rate for first-generation college
students at the campus increases to at least the four-year graduation
rate for students at the campus who are not first-generation college
students.
(viii) The two-year transfer graduation rate for first-generation
college students at the campus increases to at least the two-year
transfer graduation rate for students at the campus who are not
first-generation college students.
(B) The specific actions to be taken by the campus, including
changes in its policies, practices, and systems, that can credibly be
expected to achieve the results specified in the portion of the plan
developed pursuant to subparagraph (A).
(3) Made a commitment to submit reports, at least annually, to the
Director of Finance and the Legislature, pursuant to Section 9795 of
the Government Code, regarding progress in improving its four-year
graduation rates and two-year transfer graduation rates.
(c) The trustees shall submit to the Director of Finance and the
Legislature the draft plans developed pursuant to subdivision (b) no
fewer than 10 days before they are considered for approval at a
public meeting.
(d) The funds appropriated in this section shall be used only for
the costs of implementing the plans specified in subdivision (b) and
carrying out actions included in the Graduation Initiative presented
by the Chancellor of the California State University to the Trustees
of the California State University to increase the four-year
graduation rate and two-year graduation rate at the university.
(e) No later than November 30, 2016, the Trustees of the
California State University shall identify and report to the Director
of Finance and the Legislature any existing California laws that
impede achievement of the results and actions specified in the plans
adopted pursuant to subdivision (b) and present any proposed changes
to those laws.
(f) For purposes of this section, "four-year graduation rate,"
"low-income student," and "two-year transfer graduation rate" have
the same meanings as specified in Section 89295 of the Education
Code.
SEC. 41. The Legislature, with respect to the amendment of
Section 84750.6 of the Education Code made by Section 17 of this act,
finds and declares that a special law is necessary and that a
general law cannot be made applicable within the meaning of Section
16 of Article IV of the
California Constitution because of the unique accreditation and
fiscal challenges facing the San Francisco Community College
District.
SEC. 42. The Legislature finds and declares that Section 29 of
this act, which adds Section 65057 of the Government Code, imposes a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
In order to protect the development of intellectual property and
proprietary information, including unpublished research findings,
that will lead to advances in precision medicine, it is necessary
that this act limit the public's right of access to that information.
SEC. 43. This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.