BILL NUMBER: SB 831 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 19, 2016
AMENDED IN ASSEMBLY JUNE 13, 2016
AMENDED IN ASSEMBLY JUNE 10, 2016
AMENDED IN ASSEMBLY MAY 25, 2016
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 7, 2016
An act to amend Section 155 of the Code of Civil
Procedure, and to amend Sections 11253.4, 11320.32, 11402, 11450.025,
11461.3, 11465, 12301.02, 15200, 16519.5, 17601.50, and 18910.1 of,
to amend and repeal Sections 11322.63 and 11450.04 of, to amend,
repeal, and add Sections 11320.15, 11322.64, 11323.25, and 11450 of,
to add Sections 11253.45, 11322.83, 11461.4, 12201.06, 16501.9, and
18920 to, to add Article 6 (commencing with Section 16523) to Chapter
5 of Part 4 of Division 9 of, to add Chapter 17 (commencing with
Section 18999) to Part 6 of Division 9 of, and to repeal Section
15200.15 of, the Welfare and Institutions Code, relating to public
social services, and making an appropriation therefor, to take effect
immediately, bill related to the budget. An
act to amend Section 51013.1 of, and to add Section 51015.6 to,
the Government Code, to amend Section 44273 of the Health and Safety
Code, to amend Section 1546.1 of the Penal Code, to amend Sections
3401 and 25751 of the Public Resources Code, and to amend Sections
388 and 399.20 of, to add Section 784.1 to, to add and repeal Section
388.2 of, and to repeal Section 2834 of, the Public Utilities Code,
relating to energy, and making an appropriation therefor, to take
effect immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 831, as amended, Committee on Budget and Fiscal Review.
Public social services omnibus. Public
resources: energy.
(1) Under existing law, the Public Utilities Commission (PUC) has
regulatory authority over public utilities. Existing law authorizes
the PUC to fix the rates and charges for every public utility and
requires that those rates and charges be just and reasonable.
Existing law authorizes certain public utilities, including gas
corporations, to propose research and development programs and
authorizes the PUC to allow inclusion of expenses for research and
development in the public utility's rates. Existing law requires the
PUC to consider specified guidelines in evaluating the research,
development, and demonstration programs proposed by gas corporations.
The California Renewables Portfolio Standard Program requires the
PUC to adopt policies and programs that promote the in-state
production and distribution of biomethane. Existing law requires the
PUC to adopt, by rule or order, standards for biomethane that specify
the concentrations of constituents of concern that are reasonably
necessary to protect public health and ensure pipeline integrity and
safety, as specified, and requirements for monitoring, testing,
reporting, and recordkeeping, as specified. Existing law requires a
gas corporation to comply with those standards and requirements and
requires that gas corporation tariffs condition access to common
carrier pipelines on the applicable customer meeting those standards
and requirements. Under existing law, a violation of the Public
Utilities Act or any order, decision, rule, direction, demand, or
requirement of the PUC is a crime.
This bill would request the California Council on Science and
Technology to undertake and complete a study analyzing the regional
and gas corporation specific issues relating to minimum heating value
and maximum siloxane specifications adopted by the PUC for
biomethane before it can be injected into common carrier gas
pipelines. If the California Council on Science and Technology agrees
to undertake and complete the study, the bill would require each gas
corporation operating common carrier pipelines in California to
proportionately contribute to the expenses to undertake the study
with the cost recoverable in rates. The bill would authorize the PUC
to modify certain available monetary incentives to allocate some of
the incentive moneys to pay for the costs of the study so as to not
further burden ratepayers with additional expense. If the California
Council on Science and Technology agrees to undertake and complete
the study, the bill would require the PUC, within 6 months of its
completion, to reevaluate requirements and standards adopted for
injection of biomethane into common carrier pipelines and, if
appropriate, change those requirements and standards or adopt new
requirements and standards, giving due deference to the conclusions
and recommendations made in the study. Because certain provisions of
the bill would be a part of the act and a violation of an order or
decision of the PUC implementing its requirements would be a crime,
this bill would impose a state-mandated local program by creating a
new crime.
Existing law requires the PUC to direct the electrical
corporations to collectively procure at least 250 megawatts of
cumulative rated generating capacity from developers of bioenergy
projects that commence operation on or after June 1, 2013. Existing
law requires the PUC, for each electrical corporation, to allocate
shares of the 250 megawatts based on the ratio of each electrical
corporation's peak demand compared to the total statewide peak
demand. Existing law requires the PUC to allocate those 250 megawatts
to electrical corporations from specified categories of bioenergy
project types, with specified portions of that 250 megawatts to be
allocated from each category. Existing law requires the PUC to
encourage gas and electrical corporations to develop and offer
programs and services to facilitate development of in-state biogas
for a broad range of purposes. Existing law authorizes the PUC, in
consultation with specified state agencies, if it finds that the
categorical allocations of those 250 megawatts are not appropriate,
to reallocate those 250 megawatts among those categories.
This bill would establish interconnection requirements for certain
bioenergy projects from which generation capacity is to be procured
pursuant to the above requirement. Because the above requirements
would be codified in the act, this bill would impose a state-mandated
local program by creating a new crime.
The Green Tariff Shared Renewables Program requires a
participating utility, defined as being an electrical corporation
with 100,000 or more customers in California, to file with the PUC an
application requesting approval of a tariff to implement a program
enabling ratepayers to participate directly in offsite electrical
generation facilities that use eligible renewable energy resources,
consistent with certain legislative findings and statements of
intent. Existing law requires the PUC, by July 1, 2014, to issue a
decision concerning the participating utility's application,
determining whether to approve or disapprove the application, with or
without modifications. Existing law requires the PUC, after notice
and opportunity for public comment, to approve the application if the
PUC determines that the proposed program is reasonable and
consistent with the legislative findings and statements of intent and
requires the PUC to require that a participating utility's green
tariff shared renewables program be administered in accordance with
specified provisions. Existing law repeals the program on January 1,
2019.
This bill would extend the operation of the program indefinitely.
By extending the requirements of the Green Tariff Shared Renewables
Program the bill would impose a state-mandated local program by
extending the application of a crime.
Decisions of the PUC adopted the California Solar Initiative
administered by electrical corporations and subject to the PUC's
supervision. Existing law requires the PUC and the State Energy
Resources Conservation and Development Commission (Energy Commission)
to undertake certain steps in implementing the California Solar
Initiative and requires the PUC to ensure that the total cost over
the duration of the program does not exceed $3,550,800,000. Existing
law specifies that the financial components of the California Solar
Initiative include the New Solar Homes Partnership Program, which is
administered by the Energy Commission. Existing law requires the
program to be funded by charges in the amount of $400,000,000
collected from customers of the state's 3 largest electrical
corporations. If moneys from the Renewable Resource Trust Fund for
the program are exhausted, existing law authorizes the PUC, upon
notification by the Energy Commission, to require those electrical
corporations to continue the administration of the program pursuant
to the guidelines established by the Energy Commission for the
program until the $400,000,000 monetary limit is reached. Existing
law authorizes the PUC to determine whether a 3rd party, including
the Energy Commission, should administer the electrical corporation's
continuation of the program. Existing law establishes the Renewable
Resource Trust Fund as a fund that is continuously appropriated, with
certain exceptions for administrative expenses, in the State
Treasury.
This bill would require, if the PUC orders a continuation of the
New Solar Homes Partnership Program and determines that the Energy
Commission should be the 3rd-party administrator for the program,
that any funding made available for the program be deposited into the
Emerging Renewable Resources Account of the Renewable Resource Trust
Fund and used for the program.
(2) The Public Utilities Act requires the PUC to submit various
reports to the Legislature relative to the actions of the PUC.
This bill would require the PUC to submit 2 reports to the
relevant policy and fiscal committees of the Legislature by March 1,
2017. The first report would pertain to the PUC's business process
inventory efforts. The 2nd report would concern options to locate
operations and staff outside of the PUC's San Francisco headquarters
and would explore options to allow the PUC to collaborate with other
state entities and provide staff more opportunities for training,
career development, and exchange placements with other state
entities.
Existing law, with exceptions, prohibits a government entity from
compelling the production of or access to electronic communication
information or electronic device information without a search
warrant, wiretap order, order for electronic reader records, or
subpoena.
This bill would provide that the above provisions do not limit the
authority of the PUC or the Energy Commission to obtain energy or
water supply and consumption information pursuant to the powers
granted to them under the Public Utilities Code or the Public
Resources Code and other applicable state laws.
(3) Existing law authorizes the Department of General Services or
any other state or local agency intending to enter into an energy
savings contract to establish a pool of qualified energy service
companies, as specified. Existing law authorizes energy service
contracts for individual projects undertaken by any state or local
agency to be awarded through a competitive selection process to those
companies identified in the pool.
This bill would authorize the department or another state or local
agency intending to enter into contracts for energy retrofit
projects, as defined, to establish one of those pools. The bill
would, until January 1, 2020, authorize the department and other
state agencies to establish one or more pools of qualified energy
service companies, as defined, that have provided the department or
state agency with a specific enforceable commitment regarding the use
of a skilled and trained workforce. The bill would authorize the
department or state agency to select a qualified energy service
company from that pool for a specific energy retrofit project on a
rotational basis. The bill would require those qualified energy
service companies working on a contract or project to submit a
monthly report to the department or state agency, as appropriate,
demonstrating their compliance with the commitment regarding the use
of a skilled and trained workforce.
Under existing law, a violation of the Public Utilities Act is a
crime.
Because the above provisions would be codified in the act, a
violation of which would be a crime, this bill would impose a
state-mandated local program.
(4) The Elder California Pipeline Safety Act of 1981, among other
things, by January 1, 2018, requires any new or replacement pipeline
that is near environmentally or ecologically sensitive areas to use
the best technology available to reduce the amount of oil released in
a spill, as specified. Existing law requires operators of existing
pipelines near these areas to submit plans by January 1, 2018, to
retrofit those pipelines for these purposes using the best available
technology by January 1, 2020. A violation of these provisions is a
crime.
This bill would define "oil" for these provisions of the act
concerning pipeline safety, by reference to a specified federal
regulation, to mean petroleum, petroleum products, anhydrous ammonia,
and ethanol. By expanding the scope of a crime, the bill would
impose a state-mandated local program.
Under the Elder California Pipeline Safety Act of 1981, the State
Fire Marshal administers provisions regulating the inspection of
intrastate pipelines that transport hazardous liquids.
This bill would require the State Fire Marshal, on or before
January 31, 2017, and on or before January 31 annually thereafter
until January 31, 2021, to submit a report to the Legislature
containing specified information regarding the inspection of those
pipelines, shutoff systems in those pipelines, and the status of 2
specified pipelines.
(5) Existing law imposes, among other things, an annual charge
upon each person operating or owning an interest in an oil or gas
well, with respect to the production of the well, which charge is
payable to the Treasurer for deposit into the Oil, Gas, and
Geothermal Administrative Fund. Existing law requires that moneys
from charges levied, assessed, and collected upon the properties of
every person operating or owning an interest in the production of a
well be used exclusively, upon appropriation, for the support and
maintenance of the Department of Conservation, which is charged with
the supervision of oil and gas operations, and for the support of the
State Water Resources Control Board and the regional water quality
control boards for their activities related to oil and gas operations
that may affect water resources.
This bill would additionally authorize the use of those moneys for
the support of the State Air Resources Board and the Office of
Environmental Health Hazard Assessment for their activities related
to oil and gas operations that may affect air quality, public health,
or public safety.
(6) Existing law establishes the Alternative and Renewable Fuel
and Vehicle Technology Program, administered by the Energy
Commission, to provide to specified entities, upon appropriation by
the Legislature, grants, loans, loan guarantees, revolving loans, or
other appropriate measures for the development and deployment of
innovative technologies that transform California's fuel and vehicle
types to help attain the state's climate change goals. Existing law
establishes the Alternative and Renewable Fuel and Vehicle Technology
Fund, moneys in which are to be expended by the Energy Commission,
upon appropriation, to implement the program. Existing law creates
the Public Interest Research, Development, and Demonstration Fund in
the State Treasury and required that specified moneys collected by
the state's 3 largest electrical corporations, until January 1, 2012,
be paid into the Public Interest Research, Development, and
Demonstration Fund. Existing law requires $10,000,000 to be
transferred annually from the Public Interest Research, Development,
and Demonstration Fund to the Alternative and Renewable Fuel and
Vehicle Technology Fund.
This bill would repeal the requirement that $10,000,000 be
transferred annually from the Public Interest Research, Development,
and Demonstration Fund to the Alternative and Renewable Fuel and
Vehicle Technology Fund.
(7) Existing law vests with the Energy Commission jurisdiction
over specified matters related to energy. Existing law requires the
Attorney General, upon the request of the Energy Commission, to
petition a court of competent jurisdiction to enjoin violations of
law that are within the subject matter of the Energy Commission.
Existing law requires the Energy Commission to prescribe, by
regulation, building design and construction standards, energy and
water efficiency design standards for new residential and
nonresidential buildings, and appliance efficiency standards.
Existing law authorizes the Energy Commission to establish an
administrative enforcement process to enforce the appliance
efficiency standards. Existing law establishes the Appliance
Efficiency Enforcement Subaccount in the Energy Resources Program
Account for the deposition of the penalties collected. Existing law
authorizes the moneys subaccount to be expended by the Energy
Commission, upon appropriation by the Legislature, for the education
of the public regarding appliance energy efficiency and for the
enforcement of specified regulations.
This bill would appropriate $275,000 from the Appliance Efficiency
Enforcement Subaccount in the Energy Resources Programs Account to
the Energy Commission to support the Title 20 Appliance Efficiency
Standards Compliance Assistance and Enforcement Program.
(8) The bill would incorporate additional changes to Section
399.20 of the Public Utilities Code, proposed by AB 1923, to be
operative only if AB 1923 and this bill are both chaptered and become
effective on or before January 1, 2017, and this bill is chaptered
last.
(9) The bill would incorporate additional changes to Section
1546.1 of the Penal Code, proposed by AB 1924, to be operative only
if AB 1924 and this bill are both chaptered and become effective on
or before January 1, 2017, and this bill is chaptered last.
(10) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(11) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
(1) Existing federal law, the Immigration and Nationality Act,
establishes a procedure for classification of certain aliens as
special immigrants who have been declared dependent on a juvenile
court and authorizes those aliens to apply for an adjustment of
status to that of a lawful permanent resident within the United
States. Under federal regulations, an alien is eligible for special
immigrant juvenile status if, among other things, he or she is under
21 years of age. Existing state law provides that the juvenile,
probate, and family divisions of the superior court have jurisdiction
to make judicial determinations regarding the custody and care of
children within the meaning of the federal Immigration and
Nationality Act.
This bill would clarify that the court has jurisdiction to make
the factual findings necessary to enable a child to petition the
United States Citizenship and Immigration Services for classification
as a special immigrant juvenile. The bill would also provide that
the factual findings may be made at any point in a proceeding, as
specified, if certain requirements are met.
(2) Existing law requires the court, upon request, to make the
necessary findings regarding special immigrant juvenile status if
there is evidence to support those findings, which may consist of,
but is not limited to, a declaration by the child who is the subject
of the petition. Existing law also authorizes the court to make
additional findings that are supported by evidence if requested by a
party.
This bill would specify that the evidence to support those
findings may consist solely of, but is not limited to, the above
declaration. The bill would also authorize the court to make the
additional findings only if requested by a party. The bill would
provide that the asserted, purported, or perceived motivation of the
child seeking classification as a special immigrant juvenile is not
admissible in making findings and would prohibit the court from
including or referencing the motivation of the child, as specified,
in the court's findings.
(3) Existing law establishes the California Work Opportunity and
Responsibility to Kids (CalWORKs) program, under which each county
provides cash assistance and other benefits to qualified low-income
families using federal, state, and county funds. Existing law
requires a recipient of CalWORKs to participate in welfare-to-work
activities as a condition of eligibility. Under existing law, a
recipient of CalWORKs aid is required to assign to the county any
rights to child support for a family member for whom the recipient is
receiving aid, as specified. Existing law also requires the first
$50 of any amount of child support collected in a month to be paid to
a recipient of CalWORKs aid.
Existing law also establishes the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, under which counties provide
payments to foster care providers on behalf of qualified children in
foster care. Under existing law, a child who is placed in the home of
a relative is eligible for AFDC-FC only if he or she is eligible for
federal financial participation in the AFDC-FC payment.
Existing law establishes the Approved Relative Caregiver Funding
Option Program, in counties that choose to participate, for the
purpose of making the amount paid to relative caregivers for the
in-home care of children placed with them who are ineligible for
AFDC-FC payments equal to the amount paid on behalf of children who
are eligible for AFDC-FC payments. Under existing law, a child who is
eligible for the Approved Relative Caregiver Funding Option Program
is not subject to the requirements of CalWORKs, except as specified.
This bill would specify that the above-described CalWORKs
requirements relating to the assignment of child support apply to
assistance units participating in the Approved Relative Caregiver
Funding Option Program. The bill would state that these provisions
are intended to clarify existing law.
(4) Existing law requires a county that has opted into the
Approved Relative Caregiver Funding Option Program to pay an approved
relative caregiver a per child per month rate that is equal to the
basic rate paid to foster care providers and that is funded, in part,
through the CalWORKs program.
This bill, commencing January 1, 2017, would generally require a
child who has been placed in the home of a relative who has been
approved as a resource family to receive a grant that equals the
resource family basic rate at the child's assessed level of care, as
specified. By requiring counties to increase grants to children who
are placed in the home of a relative who has been approved as a
resource family, this bill would impose a state-mandated local
program.
(5) Existing law requires that, in order to be eligible for
AFDC-FC, a child be placed in one of several specified placements,
including the approved home of a resource family, and provides that a
child placed with a resource family is eligible for AFDC-FC
payments.
This bill, commencing January 1, 2017, would instead provide that
a child placed in the approved home of a resource family is eligible
for AFDC-FC if the caregiver is a nonrelative or the caregiver is a
relative and the child or youth is otherwise eligible for federal
financial participation in the AFDC-FC payment. The bill would also
specify that a child placed with a resource family is eligible for
the resource family basic rate.
(6) Existing law authorizes the Director of Social Services to
enter into an agreement with a tribe, consortium of tribes, or tribal
organization, regarding the care and custody of Indian children and
jurisdiction over Indian child custody proceedings, under specified
circumstances. Existing law requires these agreements to provide for
the delegation to the tribe, consortium of tribes, or tribal
organization, of the responsibility that would otherwise be the
responsibility of the county for the provision of child welfare
services or assistance payments under the AFDC-FC program, or both.
Existing law requires the State Department of Social Services to
annually allocate appropriated funds to each federally recognized
American Indian tribe with reservation lands or
rancherias in the state that
administers a federal tribal Temporary Assistance for Needy Families
(TANF) program.
This bill would establish the Tribal Approved Relative Caregiver
Funding Option Program and would require participating tribes that
opt to participate in the program to pay an approved relative
caregiver a per child per month rate, as specified, in return for the
care and supervision of an AFDC-FC ineligible child placed with the
approved relative caregiver if the participating tribe has notified
the department of its decision to participate in the program, as
specified, and certain requirements are met, including that the child
resides in California. The bill would require the department, in
consultation with the participating tribe, to determine the initial
base caseload of the tribe and to determine the amount necessary to
fund the base caseload.
(7) Existing law requires, when a child is living with a parent
who receives AFDC-FC or Kin-GAP benefits, that the rate paid to the
foster care provider on behalf of the parent include an additional
amount, known as an infant supplement, for the care and supervision
of the child. Existing law requires the State Department of Social
Services to adopt a uniform rate for the infant supplement for each
category of eligible licensed community care facility.
This bill, commencing July 1, 2016, would require the infant
supplement rate to be increased by $489 per month, if funding for
this purpose is appropriated in the annual Budget Act.
(8) Existing law requires the State Department of Social Services
to administer a voluntary Temporary Assistance Program (TAP) to
provide cash assistance and other benefits to specified current and
future CalWORKs recipients who meet the exemption criteria for
participation in welfare-to-work activities and are not single
parents who have a child under one year of age. Existing law requires
the TAP to commence no later than October 1, 2016.
This bill would make that provision inoperative on June 30, 2016.
(9) Existing law requires, for counties that implement a
welfare-to-work plan that includes subsidized private sector or
public sector employment activities, the State Department of Social
Services to pay the county 50%, less $113, of the total wage costs of
an employee for whom a wage subsidy is paid, subject to specified
conditions.
This bill would make that provision inoperative on July 1, 2016,
and would repeal that provision on January 1, 2017. The bill would
make related changes.
(10) Existing law requires the department to develop an allocation
methodology to distribute additional funding for expanded subsidized
employment programs for CalWORKs recipients.
This bill would require, on and after July 1, 2016, a county that
accepts additional funding for expanded subsidized employment in
accordance with that provision to continue to expend no less than the
aggregate amount of specified funding received by the county that
the county expended on subsidized employment in the 2012-13 fiscal
year, except as specified.
(11) Existing law requires a recipient of CalWORKs to participate
for a specified number of hours each week in welfare-to-work
activities as a condition of eligibility.
The federal Workforce Innovation and Opportunity Act of 2014
provides for workforce investment activities, including activities in
which states may participate. Existing federal law requires the
local chief elected officials in a local workforce development area
to form, pursuant to specified guidelines, a local workforce
development board to, among other things, plan and oversee the
workforce development system and lead efforts in the local area to
develop and implement career pathways within the local area.
This bill would deem a recipient who is making satisfactory
progress in a career pathway program established in accordance with
the federal Workforce Innovation and Opportunity Act to be in
compliance with the hourly participation requirements of the CalWORKS
program under specified conditions. By increasing the duties of
counties administering the CalWORKs program, the bill would impose a
state-mandated local program.
(12) As part of the CalWORKs program, existing law provides that a
homeless family that has used all available liquid resources in
excess of $100 may be eligible for homeless assistance benefits to
pay the costs of temporary shelter. The CalWORKs program also
provides permanent housing assistance to pay rent or a security
deposit, as specified, in order to secure housing for the family or
prevent eviction.
Under existing law, eligibility for temporary shelter assistance
is limited to one period of up to 16 consecutive days of temporary
assistance in a lifetime, and eligibility for permanent housing
assistance is limited to one payment of assistance, subject to
specified exceptions. Existing law provides that a family that
includes a parent or nonparent caretaker relative living in the home
who has previously received temporary or permanent homeless
assistance at any time on behalf of an eligible child is not eligible
for further homeless assistance.
This bill, commencing January 1, 2017, would expand the provision
of temporary shelter assistance and permanent housing assistance to
be available every 12 months. The bill would make conforming changes
regarding an applicant for homeless assistance benefits being
informed of the availability of the benefits every 12 months. The
bill would delete the above limitation on a family's eligibility for
homeless assistance. Because this bill would increase the
administrative duties of counties, it would impose a state-mandated
local program.
(13) Existing law, referred to as the maximum family grant rule,
prohibits the number of needy persons in the same family from being
increased, for purposes of determining a family's maximum aid
payment, for any child born into a family that has received aid under
the CalWORKs program continuously for the 10 months prior to the
birth of the child, with specified exceptions.
This bill would repeal the maximum family grant rule on January 1,
2017.
(14) Existing law establishes maximum aid grant amounts to be
provided to each family receiving aid under CalWORKs. Existing law
increases the maximum aid payments by 5% commencing March 1, 2014,
and by an additional 5% commencing April 1, 2015. Existing law
specifies a process by which increases may be made to the maximum aid
payments depending on projections of revenue and costs by the
Department of Finance.
This bill would, effective October 1, 2016, increase the maximum
aid grant amounts by an additional 1.43%. The bill would also,
effective January 1, 2017, require households eligible for CalWORKs
aid to receive an increased aid payment consistent with the repeal of
the maximum family grant rule and would require those costs to be
paid from moneys deposited into the Child Poverty and Family
Supplemental Support Subaccount. To the extent that this bill affects
eligibility under the CalWORKs program, the bill would impose a
state-mandated local program.
(15) Existing law establishes the county-administered In-Home
Supportive Services (IHSS) program, under which qualified aged,
blind, and disabled persons are provided with services in order to
permit them to remain in their own homes and avoid
institutionalization. Existing law provides, as part of the
Coordinated Care Initiative, that IHSS is a Medi-Cal benefit
available through managed care health plans in specified counties.
Existing law provides for a 7% reduction in authorized hours of
service to each IHSS recipient, as specified.
Existing law, commencing July 1, 2016, until July 1, 2019,
establishes a managed care organization provider tax, to be
administered by the State Department of Health Care Services, as
specified, subject to approval from the federal Centers for Medicare
and Medicaid Services, as specified.
This bill would suspend the 7% reduction in hours of service to
each IHSS recipient until July 1, 2019, if the managed care
organization provider tax remains operative. The bill would require
the reduction to be reinstated by a specified date if the managed
care organization provider tax ceases to be operative for any reason.
By increasing the administrative duties of counties under the IHSS
program, this bill would impose a state-mandated local program.
(16) Existing law requires the State Department of Social Services
to implement a single statewide Child Welfare Services Case
Management System (CWS/CMS) to administer and evaluate the state's
child welfare services and foster care programs.
This bill would require the State Department of Social Services
and the Office of Systems Integration (OSI), in collaboration with
the County Welfare Directors Association (CWDA), to seek resources to
enable the necessary level of engagement by the counties in the
Child Welfare Services-New System (CWS-NS), as specified. The bill
would require the department and OSI to provide a voting seat on all
governance bodies of the CWS-NS for a CWDA representative. The bill
would also require the department and OSI to continue to provide
monthly updates to the Legislature and to stakeholders, including
CWDA, regarding efforts to develop and implement the CWS-NS. The bill
would also require CWS/CMS operations and functionality to be
maintained at a level at least commensurate with its December 2015
status, as specified. The bill would make related findings and
declarations.
(17) Existing law establishes a system of statewide child welfare
services, administered by the State Department of Social Services and
county child welfare agencies, with the intent that all children are
entitled to be safe and free from abuse and neglect.
This bill would establish the Bringing Families Home Program, and
would, to the extent funds are appropriated in the annual Budget Act,
require the State Department of Social Services to award program
funds to counties for the purpose of providing housing-related
supports to eligible families experiencing homelessness if specified
criteria are met. The bill would require the department to award
program funds to counties according to criteria developed by the
department, in consultation with specified entities, subject to a
requirement that a county that receives funds under the program
provide matching funds for these purposes, as specified.
(18) Existing federal law provides for the Supplemental Nutrition
Assistance Program (SNAP), known in California as CalFresh, under
which supplemental nutrition assistance benefits allocated to the
state by the federal government are distributed to eligible
individuals by each county. Existing law requires the State
Department of Social Services to redetermine recipient eligibility
and grant amounts under CalFresh on a semiannual basis, as specified.
Existing law states the intent of the Legislature to assign
certification periods for CalFresh households that are the maximum
number of months allowed under federal law based on the household's
circumstances, subject to a specified exception.
This bill would instead require the assignment of certification
periods in the above-described manner, as specified, and would
provide an additional exception, on a case-by-case basis only, for a
household's individual circumstances requiring a shorter
certification period. Because this bill would increase the
administrative duties of counties, it would impose a state-mandated
local program.
(19) Existing law, the State Department of Health Services
Cooperative Agreement Act, provides for the establishment of
cooperative agreements between the State Department of Public Health
and other public and private entities for the purposes of, among
other things, simplifying the administration of public health
programs by the department. The act requires cooperative agreements
to be subject to review and approval by the Department of General
Services with certain exceptions.
This bill would deem an agreement between the State Department of
Social Services and a unit of local government, any other unit of
state government, or a nonprofit organization that provides for a
contract relating to outreach programs related to CalFresh and the
Supplemental Nutrition Assistance Program: Nutrition Education and
Obesity Prevention Grant Program to be a "cooperative agreement," as
defined. The bill would specify that these changes apply
retroactively.
(20) Existing federal law establishes various disability benefits
programs, including the Supplemental Security Income (SSI) program,
under which cash assistance is provided to qualified low-income aged,
blind, and disabled persons, and the Social Security Disability
Insurance (SSDI) program, under which benefits are provided to
persons with disabilities who have paid social security taxes.
Existing federal law also provides for disability compensation for
veterans under specified circumstances.
Existing state law provides for disability benefits programs,
including the State Supplementary Program for the Aged, Blind, and
Disabled (SSP), under which state funds are provided in
supplementation of federal SSI benefits, and the Cash Assistance
Program for Immigrants, which provides benefits to aged, blind, and
disabled legal immigrants who meet specified criteria. Existing law
also establishes various housing programs directed by the Department
of Housing and Community Development, including special housing
programs to provide housing assistance for persons with developmental
and physical disabilities and persons with mental health disorders.
This bill would establish the Housing and Disability Income
Advocacy Program under the administration of the State Department of
Social Services, subject to an appropriation of funds in the annual
Budget Act. The program would provide state grant funds to
participating counties for the provision of outreach, case
management, and advocacy services to assist clients who are homeless
or at risk of becoming homeless to obtain disability benefits. The
bill would require participating counties to provide housing
assistance to these clients during their application periods for
disability benefits programs, as specified. The bill would also
require participating counties to annually report to the department
regarding their funding of advocacy and outreach programs and use of
state funding provided under the program, as specified. The bill
would require the department to periodically inform the Legislature
of the implementation progress of the program, to make related data
available on the department's Internet Web site, and to report to the
Legislature by October 1, 2018, regarding the implementation of the
program, as specified.
(21) Under existing law, benefit payments under SSP are calculated
by establishing the maximum level of nonexempt income and federal
SSI and state SSP benefits for each category of eligible recipient.
The state SSP payment is the amount required, when added to the
nonexempt income and SSI benefits available to the recipient, to
provide the maximum benefit payment. Existing law prohibits, for each
calendar year, commencing with the 2011 calendar year, any
cost-of-living adjustment from being made to the maximum benefit
payment unless otherwise specified by statute, except for the pass
along of any cost-of-living increase in the federal SSI benefits.
Existing law continuously appropriates funds for the implementation
of SSP.
This bill, commencing January 1, 2017, would increase the amount
of aid paid under SSP that is in effect on December 31, 2016, less
the federal benefit portion received, by 2.76%. The bill would
instead provide that the continuous appropriation would not be made
for purposes of implementing these provisions.
(22) Existing law requires the State Department of Social Services
and the State Department of Health Care Services to carry out
specified duties relating the administration of foster care services.
The bill would require the State Department of Social Services and
the State Department of Health Care Services, during the 2017 and
2018 legislative budget hearings, to update the legislative budget
committees on activities taken by the departments to implement
specified reform measures relating to foster care. The bill would
also require the State Department of Social Services to convene
stakeholders, including county placing agencies, providers, foster
youth, and legislative staff, commencing no later than July 1, 2016,
to discuss the adequacy of the proposed foster care rates and rate
structure and the extent to which the rates will achieve the desired
outcomes for those reform measures, to report to legislative budget
committees, and to provide updated project costs, as specified.
(23) The bill would authorize the State Department of Social
Services to adopt emergency regulations implementing specified
provisions of the bill.
(24) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
(25) Existing federal law provides for the allocation of federal
funds through the federal TANF block grant program to eligible
states. The state CalWORKs program is funded through a combination of
federal funds received through the federal TANF block grant program
and state and county funds. Existing law continuously appropriates
moneys from the General Fund to defray a portion of county costs
under the CalWORKs program.
By expanding eligibility for, increasing assistance payments to
recipients of, and adjusting funding formulas for counties providing
benefits under, the CalWORKs program, and by providing funding for
the Tribal Approved Relative Caregiver Funding Option Program, which
is also funded by TANF, the bill would make an appropriation.
(26) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 51013.1 of the
Government Code is amended to read:
51013.1. (a) By January 1, 2018, any new or replacement pipeline
near environmentally and ecologically sensitive areas in the coastal
zone shall use best available technology, including, but not limited
to, the installation of leak detection technology, automatic shutoff
systems, or remote controlled sectionalized block valves, or any
combination of these technologies, based on a risk analysis conducted
by the operator, to reduce the amount of oil released in an oil
spill to protect state waters and wildlife.
(b) (1) By July 1, 2018, an operator of an existing pipeline near
environmentally and ecologically sensitive areas in the coastal zone
shall submit a plan to retrofit, by January 1, 2020, existing
pipelines near environmentally and ecologically sensitive areas in
the coastal zone with the best available technology, including, but
not limited to, installation of leak detection technologies,
automatic shutoff systems, or remote controlled sectionalized block
valves, or any combination of these technologies, based on a risk
analysis conducted by the operator to reduce the amount of oil
released in an oil spill to protect state waters and wildlife.
(2) An operator may request confidential treatment of information
submitted in the plan required by paragraph (1) or contained in any
documents associated with the risk analysis described in this
section, including, but not limited to, information regarding the
proposed location of automatic shutoff valves or remote controlled
sectionalized block valves.
(c) The State Fire Marshal shall adopt regulations pursuant to
this section by July 1, 2017. The regulations shall include, but not
be limited to, all of the following:
(1) A definition of automatic shutoff systems.
(2) A process to assess the adequacy of the operator's risk
analysis.
(3) A process by which an operator may request confidential
treatment of information submitted in the plan required by paragraph
(1) of subdivision (b) or contained in any documents associated with
the risk analysis described in this section.
(4) A determination of how near to an environmentally and
ecologically sensitive area a pipeline must be to be subject to the
requirements of this section based on the likelihood of the pipeline
impacting those areas.
(d) An operator of a pipeline near environmentally and
ecologically sensitive areas in the coastal zone shall notify the
Office of the State Fire Marshal of any new construction or retrofit
of pipeline in these waters.
(e) For purposes of implementing this section, the State Fire
Marshal shall consult with the Office of Spill Prevention and
Response about the potential impacts to state water and wildlife.
(f) For purposes of this section, "environmentally and
ecologically sensitive areas" is the same term as described in
subdivision (d) of Section 8574.7.
(g) (1) For purposes of this section, "best available technology"
means technology that provides the greatest degree of protection by
limiting the quantity of release in the event of a spill, taking into
consideration whether the processes are currently in use and could
be purchased anywhere in the world.
(2) The State Fire Marshal shall determine what is the best
available technology and shall consider the effectiveness and
engineering feasibility of the technology when making this
determination.
(h) For the purposes of this section, "oil" means hazardous liquid
as defined in Section 195.2 of Title 49 of the Code of Federal
Regulations.
SEC. 2. Section 51015.6 is added to the
Government Code , to read:
51015.6. (a) On or before January 31, 2017, and on or before
January 31 annually thereafter, the State Fire Marshal shall submit a
report to the Legislature containing information, including, but not
limited to, all of the following:
(1) The number of annual inspections conducted pursuant to Section
51015.1.
(2) The status of the installation of automatic shutoff systems
pursuant to Section 51013.1, including a summary of the types of
shutoff systems installed, and the number of miles of pipeline
covered by an automatic shutoff system.
(3) The status of Line 901 and Line 903 in the County of Santa
Barbara.
(b) (1) A report required to be submitted pursuant to subdivision
(a) shall be submitted in compliance with Section 9795.
(2) Pursuant to Section 10231.5, this section is inoperative on
January 31, 2021.
SEC. 3. Section 44273 of the Health and
Safety Code is amended to read:
44273. (a) The Alternative and Renewable Fuel and Vehicle
Technology Fund is hereby created in the State Treasury, to be
administered by the commission. The moneys in the fund, upon
appropriation by the Legislature, shall be expended by the commission
to implement the Alternative and Renewable Fuel and Vehicle
Technology Program in accordance with this chapter.
(b) Notwithstanding any other provision of law, the sum of ten
million dollars ($10,000,000) shall be transferred annually from the
Public Interest Research, Development, and Demonstration Fund created
by Section 384 of the Public Utilities Code to the Alternative and
Renewable Fuel and Vehicle Technology Fund. Prior to the award of any
funds from this source, the commission shall make a determination
that the proposed project will provide benefits to electric or
natural gas ratepayers based upon the commission's adopted criteria.
(c)
(b) Beginning with the integrated energy policy report
adopted in 2011, and in the subsequent reports adopted thereafter,
pursuant to Section 25302 of the Public Resources Code, the
commission shall include an evaluation of research, development, and
deployment efforts funded by this chapter. The evaluation shall
include all of the following:
(1) A list of projects funded by the Alternative and Renewable
Fuel and Vehicle Technology Fund.
(2) The expected benefits of the projects in terms of air quality,
petroleum use reduction, greenhouse gas emissions reduction,
technology advancement, benefit-cost assessment, and progress towards
achieving these benefits.
(3) The overall contribution of the funded projects toward
promoting a transition to a diverse portfolio of clean, alternative
transportation fuels and reduced petroleum dependency in California.
(4) Key obstacles and challenges to meeting these goals identified
through funded projects.
(5) Recommendations for future actions.
SEC. 4. Section 1546.1 of the Penal
Code is amended to read:
1546.1. (a) Except as provided in this section, a government
entity shall not do any of the following:
(1) Compel the production of or access to electronic communication
information from a service provider.
(2) Compel the production of or access to electronic device
information from any person or entity other than the authorized
possessor of the device.
(3) Access electronic device information by means of physical
interaction or electronic communication with the electronic device.
This section does not prohibit the intended recipient of an
electronic communication from voluntarily disclosing electronic
communication information concerning that communication to a
government entity.
(b) A government entity may compel the production of or access to
electronic communication information from a service provider, or
compel the production of or access to electronic device information
from any person or entity other than the authorized possessor of the
device only under the following circumstances:
(1) Pursuant to a warrant issued pursuant to Chapter 3 (commencing
with Section 1523) and subject to subdivision (d).
(2) Pursuant to a wiretap order issued pursuant to Chapter 1.4
(commencing with Section 629.50) of Title 15 of Part 1.
(3) Pursuant to an order for electronic reader records issued
pursuant to Section 1798.90 of the Civil Code.
(4) Pursuant to a subpoena issued pursuant to existing state law,
provided that the information is not sought for the purpose of
investigating or prosecuting a criminal offense, and compelling the
production of or access to the information via the subpoena is not
otherwise prohibited by state or federal law. Nothing in this
paragraph shall be construed to expand any authority under state law
to compel the production of or access to electronic information.
(c) A government entity may access electronic device information
by means of physical interaction or electronic communication with the
device only as follows:
(1) Pursuant to a warrant issued pursuant to Chapter 3 (commencing
with Section 1523) and subject to subdivision (d).
(2) Pursuant to a wiretap order issued pursuant to Chapter 1.4
(commencing with Section 629.50) of Title 15 of Part 1.
(3) With the specific consent of the authorized possessor of the
device.
(4) With the specific consent of the owner of the device, only
when the device has been reported as lost or stolen.
(5) If the government entity, in good faith, believes that an
emergency involving danger of death or serious physical injury to any
person requires access to the electronic device information.
(6) If the government entity, in good faith, believes the device
to be lost, stolen, or abandoned, provided that the entity shall only
access electronic device information in order to attempt to
identify, verify, or contact the owner or authorized possessor of the
device.
(7) Except where prohibited by state or federal law, if the device
is seized from an inmate's possession or found in an area of a
correctional facility under the jurisdiction of the Department of
Corrections and Rehabilitation where inmates have access and the
device is not in the possession of an individual and the device is
not known or believed to be the possession of an authorized visitor.
Nothing in this paragraph shall be construed to supersede or override
Section 4576.
(d) Any warrant for electronic information shall comply with the
following:
(1) The warrant shall describe with particularity the information
to be seized by specifying the time periods covered and, as
appropriate and reasonable, the target individuals or accounts, the
applications or services covered, and the types of information
sought.
(2) The warrant shall require that any information obtained
through the execution of the warrant that is unrelated to the
objective of the warrant shall be sealed and not subject to further
review, use, or disclosure without a court order. A court shall issue
such an order upon a finding that there is probable cause to believe
that the information is relevant to an active investigation, or
review, use, or disclosure is required by state or federal law.
(3) The warrant shall comply with all other provisions of
California and federal law, including any provisions prohibiting,
limiting, or imposing additional requirements on the use of search
warrants. If directed to a service provider, the warrant shall be
accompanied by an order requiring the service provider to verify the
authenticity of electronic information that it produces by providing
an affidavit that complies with the requirements set forth in Section
1561 of the Evidence Code. Admission of that information into
evidence shall be subject to Section 1562 of the Evidence Code.
(e) When issuing any warrant or order for electronic information,
or upon the petition from the target or recipient of the warrant or
order, a court may, at its discretion, do any or all of the
following:
(1) Appoint a special master, as described in subdivision (d) of
Section 1524, charged with ensuring that only information necessary
to achieve the objective of the warrant or order is produced or
accessed.
(2) Require that any information obtained through the execution of
the warrant or order that is unrelated to the objective of the
warrant be destroyed as soon as feasible after the termination of the
current investigation and any related investigations or proceedings.
(f) A service provider may voluntarily disclose electronic
communication information or subscriber information when that
disclosure is not otherwise prohibited by state or federal law.
(g) If a government entity receives electronic communication
information voluntarily provided pursuant to subdivision (f), it
shall destroy that information within 90 days unless one or more of
the following circumstances apply:
(1) The entity has or obtains the specific consent of the sender
or recipient of the electronic communications about which information
was disclosed.
(2) The entity obtains a court order authorizing the retention of
the information. A court shall issue a retention order upon a finding
that the conditions justifying the initial voluntary disclosure
persist, in which case the court shall authorize the retention of the
information only for so long as those conditions persist, or there
is probable cause to believe that the information constitutes
evidence that a crime has been committed.
(3) The entity reasonably believes that the information relates to
child pornography and the information is retained as part of a
multiagency database used in the investigation of child pornography
and related crimes.
(h) If a government entity obtains electronic information pursuant
to an emergency involving danger of death or serious physical injury
to a person, that requires access to the electronic information
without delay, the entity shall, within three days after obtaining
the electronic information, file with the appropriate court an
application for a warrant or order authorizing obtaining the
electronic information or a motion seeking approval of the emergency
disclosures that shall set forth the facts giving rise to the
emergency, and if applicable, a request supported by a sworn
affidavit for an order delaying notification under paragraph (1) of
subdivision (b) of Section 1546.2. The court shall promptly rule on
the application or motion and shall order the immediate destruction
of all information obtained, and immediate notification pursuant to
subdivision (a) of Section 1546.2 if such notice has not already been
given, upon a finding that the facts did not give rise to an
emergency or upon rejecting the warrant or order application on any
other ground.
(i) This section does not limit the authority of a government
entity to use an administrative, grand jury, trial, or civil
discovery subpoena to do any of the following:
(1) Require an originator, addressee, or intended recipient of an
electronic communication to disclose any electronic communication
information associated with that communication.
(2) Require an entity that provides electronic communications
services to its officers, directors, employees, or agents for the
purpose of carrying out their duties, to disclose electronic
communication information associated with an electronic communication
to or from an officer, director, employee, or agent of the entity.
(3) Require a service provider to provide subscriber information.
(j) This section does not limit the authority of the Public
Utilities Commission or the State Energy Resources Conservation and
Development Commission to obtain energy or water supply and
consumption information pursuant to the powers granted to them under
the Public Utilities Code or the Public Resources Code and other
applicable state laws.
SEC. 4.5. Section 1546.1 of the Penal
Code is amended to read:
1546.1. (a) Except as provided in this section, a government
entity shall not do any of the following:
(1) Compel the production of or access to electronic communication
information from a service provider.
(2) Compel the production of or access to electronic device
information from any person or entity other than the authorized
possessor of the device.
(3) Access electronic device information by means of physical
interaction or electronic communication with the electronic device.
This section does not prohibit the intended recipient of an
electronic communication from voluntarily disclosing electronic
communication information concerning that communication to a
government entity.
(b) A government entity may compel the production of or access to
electronic communication information from a service provider, or
compel the production of or access to electronic device information
from any person or entity other than the authorized possessor of the
device only under the following circumstances:
(1) Pursuant to a warrant issued pursuant to Chapter 3 (commencing
with Section 1523) and subject to subdivision (d).
(2) Pursuant to a wiretap order issued pursuant to Chapter 1.4
(commencing with Section 629.50) of Title 15 of Part 1.
(3) Pursuant to an order for electronic reader records issued
pursuant to Section 1798.90 of the Civil Code.
(4) Pursuant to a subpoena issued pursuant to existing state law,
provided that the information is not sought for the purpose of
investigating or prosecuting a criminal offense, and compelling the
production of or access to the information via the subpoena is not
otherwise prohibited by state or federal law. Nothing in this
paragraph shall be construed to expand any authority under state law
to compel the production of or access to electronic information.
(5) Pursuant to an order for a pen register or trap and trace
device, or both, issued pursuant to Chapter 1.5 (commencing with
Section 630) of Title 15 of Part 1.
(c) A government entity may access electronic device information
by means of physical interaction or electronic communication with the
device only as follows:
(1) Pursuant to a warrant issued pursuant to Chapter 3 (commencing
with Section 1523) and subject to subdivision (d).
(2) Pursuant to a wiretap order issued pursuant to Chapter 1.4
(commencing with Section 629.50) of Title 15 of Part 1.
(3) With the specific consent of the authorized possessor of the
device.
(4) With the specific consent of the owner of the device, only
when the device has been reported as lost or stolen.
(5) If the government entity, in good faith, believes that an
emergency involving danger of death or serious physical injury to any
person requires access to the electronic device information.
(6) If the government entity, in good faith, believes the device
to be lost, stolen, or abandoned, provided that the entity shall only
access electronic device information in order to attempt to
identify, verify, or contact the owner or authorized possessor of the
device.
(7) Except where prohibited by state or federal law, if the device
is seized from an inmate's possession or found in an area of a
correctional facility under the jurisdiction of the Department of
Corrections and Rehabilitation where inmates have access and the
device is not in the possession of an individual and the device is
not known or believed to be the possession of an authorized visitor.
Nothing in this paragraph shall be construed to supersede or override
Section 4576.
(8) Pursuant to an order for a pen register or trap and trace
device, or both, issued pursuant to Chapter 1.5 (commencing with
Section 630) of Title 15 of Part 1.
(d) Any warrant for electronic information shall comply with the
following:
(1) The warrant shall describe with particularity the information
to be seized by specifying the time periods covered and, as
appropriate and reasonable, the target individuals or accounts, the
applications or services covered, and the types of information
sought.
(2) The warrant shall require that any information obtained
through the execution of the warrant that is unrelated to the
objective of the warrant shall be sealed and not subject to further
review, use, or disclosure without a court order. A court shall issue
such an order upon a finding that there is probable cause to believe
that the information is relevant to an active investigation, or
review, use, or disclosure is required by state or federal law.
(3) The warrant shall comply with all other provisions of
California and federal law, including any provisions prohibiting,
limiting, or imposing additional requirements on the use of search
warrants. If directed to a service provider, the warrant shall be
accompanied by an order requiring the service provider to verify the
authenticity of electronic information that it produces by providing
an affidavit that complies with the requirements set forth in Section
1561 of the Evidence Code. Admission of that information into
evidence shall be subject to Section 1562 of the Evidence Code.
(e) When issuing any warrant or order for electronic information,
or upon the petition from the target or recipient of the warrant or
order, a court may, at its discretion, do any or all of the
following:
(1) Appoint a special master, as described in subdivision (d) of
Section 1524, charged with ensuring that only information necessary
to achieve the objective of the warrant or order is produced or
accessed.
(2) Require that any information obtained through the execution of
the warrant or order that is unrelated to the objective of the
warrant be destroyed as soon as feasible after the termination of the
current investigation and any related investigations or proceedings.
(f) A service provider may voluntarily disclose electronic
communication information or subscriber information when that
disclosure is not otherwise prohibited by state or federal law.
(g) If a government entity receives electronic communication
information voluntarily provided pursuant to subdivision (f), it
shall destroy that information within 90 days unless one or more of
the following circumstances apply:
(1) The entity has or obtains the specific consent of the sender
or recipient of the electronic communications about which information
was disclosed.
(2) The entity obtains a court order authorizing the retention of
the information. A court shall issue a retention order upon a finding
that the conditions justifying the initial voluntary disclosure
persist, in which case the court shall authorize the retention of the
information only for so long as those conditions persist, or there
is probable cause to believe that the information constitutes
evidence that a crime has been committed.
(3) The entity reasonably believes that the information relates to
child pornography and the information is retained as part of a
multiagency database used in the investigation of child pornography
and related crimes.
(h) If a government entity obtains electronic information pursuant
to an emergency involving danger of death or serious physical injury
to a person, that requires access to the electronic information
without delay, the entity shall, within three days after obtaining
the electronic information, file with the appropriate court an
application for a warrant or order authorizing obtaining the
electronic information or a motion seeking approval of the emergency
disclosures that shall set forth the facts giving rise to the
emergency, and if applicable, a request supported by a sworn
affidavit for an order delaying notification under paragraph (1) of
subdivision (b) of Section 1546.2. The court shall promptly rule on
the application or motion and shall order the immediate destruction
of all information obtained, and immediate notification pursuant to
subdivision (a) of Section 1546.2 if such notice has not already been
given, upon a finding that the facts did not give rise to an
emergency or upon rejecting the warrant or order application on any
other ground.
(i) This section does not limit the authority of a government
entity to use an administrative, grand jury, trial, or civil
discovery subpoena to do any of the following:
(1) Require an originator, addressee, or intended recipient of an
electronic communication to disclose any electronic communication
information associated with that communication.
(2) Require an entity that provides electronic communications
services to its officers, directors, employees, or agents for the
purpose of carrying out their duties, to disclose electronic
communication information associated with an electronic communication
to or from an officer, director, employee, or agent of the entity.
(3) Require a service provider to provide subscriber information.
(j) This section does not limit the authority of the Public
Utilities Commission or the State Energy Resources Conservation and
Development Commission to obtain energy or water supply and
consumption information pursuant to the powers granted to them under
the Public Utilities Code or the Public Resources Code and other
applicable state laws.
SEC. 5. Section 3401 of the Public
Resources Code is amended to read:
3401. (a) The proceeds of charges levied, assessed, and collected
pursuant to this article upon the properties of every person
operating or owning an interest in the production of a well shall be
used exclusively for the support and maintenance of the department
charged with the supervision of oil and gas operations and
operations, for the State Water Resources
Control Board and the regional water quality control boards for their
activities related to oil and gas operations that may affect water
resources. resources, and for the support of
the State Air Resources Board and the Office of Environmental Health
Hazard Assessment for their activities related to oil and gas
operations that may affect air quality, public health, or public
safety.
(b) Notwithstanding subdivision (a), the proceeds of charges
levied, assessed, and collected pursuant to this article upon the
properties of every person operating or owning an interest in the
production of a well undergoing a well stimulation treatment, may be
used by public entities, subject to appropriation by the Legislature,
for all costs associated with both of the following:
(1) Well stimulation treatments, including rulemaking and
scientific studies required to evaluate the treatment, inspections,
any air and water quality sampling, monitoring, and testing performed
by public entities.
(2) The costs of the State Water Resources Control Board and the
regional water quality control boards in carrying out their
responsibilities pursuant to Section 3160 and Section 10783 of the
Water Code.
SEC. 6. Section 25751 of the Public
Resources Code is amended to read:
25751. (a) The Renewable Resource Trust Fund is hereby created in
the State Treasury.
(b) The Emerging Renewable Resources Account is hereby established
within the Renewable Resources Trust Fund. Notwithstanding Section
13340 of the Government Code, the moneys in the account are hereby
continuously appropriated to the commission without regard to fiscal
years for the following purposes:
(1) To close out the award of incentives for emerging technologies
in accordance with former Section 25744, as this law existed prior
to the enactment of the Budget Act of 2012, for which applications
had been approved before the enactment of the Budget Act of 2012.
(2) To close out consumer education activities in accordance with
former Section 25746, as this law existed prior to the enactment of
the Budget Act of 2012.
(3) To provide funding for the New Solar Homes Partnership
pursuant to paragraph (3) of subdivision (e) of Section 2851 of the
Public Utilities Code.
(c) The Controller shall provide to the commission funds pursuant
to the continuous appropriation in, and for purposes specified in,
subdivision (b).
(d) The Controller shall provide to the commission moneys from the
fund sufficient to satisfy all contract and grant awards that were
made by the commission pursuant to former Sections 25744 and 25746,
and Chapter 8.8 (commencing with Section 25780), as these laws
existed prior to the enactment of the Budget Act of 2012.
(e) If the Public Utilities Commission determines that the
commission should be the third-party administrator for the New Solar
Homes Partnership Program pursuant to subparagraph (A) of paragraph
(3) of subdivision (e) of Section 2851 of the Public Utilities Code,
any moneys made available to fund the New Solar Homes Partnership
Program shall be deposited into the Emerging Renewable Resources
Account of the Renewable Resource Trust Fund and used for this
purpose.
SEC. 7. Section 388 of the Public
Utilities Code is amended to read:
388. (a) Notwithstanding any other provision of law, any
law, a state agency may enter into an energy
savings contract with a qualified energy service company for the
purchase or exchange of thermal or electrical energy or water, or to
acquire energy efficiency and/or or
water conservation services, or both energy efficiency and water
conservation services, for a term not exceeding 35 years, at
those rates and upon those
terms that are approved by the agency.
(b) The Department of General Services or any other state or local
agency intending to enter into an energy savings contract or a
contract for an energy retrofit project may establish a pool of
qualified energy service companies based on qualifications,
experience, pricing pricing, or other
pertinent factors. Energy service contracts for individual projects
undertaken by any state or local agency may be awarded through a
competitive selection process to individuals or firms identified in
such a the pool. The pool of qualified
energy service companies and contractors shall be reestablished at
least every two years or shall expire.
(c) For purposes of this section, the following definitions apply:
(1) (A) "Energy retrofit project" means a project for which the
state or local agency works with a qualified energy service company
to identify, develop, design, and implement energy conservation
measures in existing facilities to reduce energy or water use or make
more efficient use of energy or water.
(B) "Energy retrofit project" does not include the erection or
installation of a power generation system, a power purchase
agreement, or a project utilizing a site license or lease agreement.
(1)
(2) "Energy savings" means a measured and verified
reduction in fuel, energy energy, or
water consumption when compared to an established baseline of
consumption.
(2)
(3) "Qualified energy service company" means a company
with a demonstrated ability to provide or arrange for building or
facility energy auditors, selection and design of appropriate energy
savings measures, project financing, implementation of these
measures, and maintenance and ongoing measurement of these measures
as to ensure and verify energy savings.
SEC. 8. Section 388.2 is added to the
Public Utilities Code , to read:
388.2. (a) For purposes of this section, the following
definitions apply:
(1) "Apprenticeable occupation" means an occupation for which the
chief has approved an apprenticeship program pursuant to Section 3075
of the Labor Code before January 1, 2014.
(2) "Chief" means the Chief of the Division of Apprenticeship
Standards of the Department of Industrial Relations.
(3) "Department" means the Department of General Services.
(4) (A) "Energy retrofit project" means a project for which the
state works with a qualified energy service company to identify,
develop, design, and implement energy conservation measures in
existing facilities to reduce energy or water use or make more
efficient use of energy or water.
(B) "Energy retrofit project" does not include the erection or
installation of a power generation system, a power purchase
agreement, or a project utilizing a site license or lease agreement.
(5) "Energy savings" means a measured and verified reduction in
fuel, energy, or water consumption when compared to an established
baseline of consumption.
(6) "Enforceable commitment" means an enforceable agreement with
the department or state agency that the entity and its subcontractors
at every tier will comply with this section.
(7) (A) "Qualified energy service company" means a company with a
demonstrated ability to provide or arrange for building or facility
energy auditors, selection and design of appropriate energy savings
measures, project financing, implementation of these measures, and
maintenance and ongoing measurement of these measures as to ensure
and verify energy savings.
(B) An entity is not a qualified energy service company unless the
entity has provided to the agency an enforceable commitment that the
entity and its subcontractors at every tier will use a skilled and
trained workforce to perform all work on the project or contract that
falls within an apprenticeable occupation in the building and
construction trades.
(8) "Skilled and trained workforce" means a workforce that meets
all of the following conditions:
(A) All workers performing work in an apprenticeable occupation in
the building and construction trades are either skilled
journeypersons or apprentices in an apprenticeship program approved
by the chief.
(B) (i) Except as provided in clause (ii), at least 60 percent of
the skilled journeypersons employed to perform work on a contract or
project by every contractor and each of its subcontractors at every
tier are graduates of an apprenticeship program that was either
approved by the chief pursuant to Section 3075 of the Labor Code, or
an apprenticeship program located outside the state that is approved
pursuant to the apprenticeship regulations adopted by the United
States Secretary of Labor, for the applicable occupation.
(ii) For an apprenticeable occupation in which no apprenticeship
program had been approved by the chief before January 1, 1995, up to
one-half of the requirement in clause (i) may be satisfied by skilled
journeypersons who commenced working in an apprenticeable occupation
before the chief's approval of an apprenticeship program in the
county in which the project is located.
(iii) The requirements of this subparagraph are satisfied if, in a
particular calendar month, either of the following is true:
(I) The percentage of the skilled journeypersons employed by the
contractor or subcontractor to perform work on the contract or
project is at least equal to 60 percent.
(II) For the hours of work performed by skilled journeypersons
employed by the contractor or subcontractor on the contract or
project, the percentage of hours performed by skilled journeypersons
is at least equal to 60 percent.
(iv) This subparagraph does not apply to a contractor or
subcontractor if, during the calendar month, the contractor or
subcontractor employs skilled journeypersons to perform fewer than 10
hours of work on the contract or project.
(v) This subparagraph does not apply to a subcontractor if both of
the following are true:
(I) The subcontractor is not a listed subcontractor in the
investment grade audit or a substitute for a listed subcontractor.
(II) The subcontract does not exceed one-half of 1 percent of the
price of the prime contract.
(9) "Skilled journeyperson" means a worker who is being paid at
least the prevailing rate or per diem wages published by the
Department of Industrial Relations for the occupation and geographic
area and who either:
(A) Graduated from either an apprenticeship program that was
approved by the chief pursuant to Section 3075 of the Labor Code, or
an apprenticeship program located outside the state that is approved
pursuant to the apprenticeship regulations adopted by the United
States Secretary of Labor, for the applicable occupation.
(B) Has at least as many hours of on-the-job training experience
in the applicable occupation as would be required to graduate from an
apprenticeship program for the applicable occupation that is
approved by the chief.
(b) (1) The department or any other state agency intending to
enter into an energy savings contract for an energy retrofit project
may establish one or more pools of qualified energy service companies
based on qualification, experience, pricing, or other pertinent
factors. The department or state agency may select a qualified energy
service company identified in the pool for a contract for a specific
energy retrofit project on a rotational basis.
(2) The department or state agency has the exclusive authority to
reject the plan or proposal of a qualified energy service company
selected for an energy retrofit project pursuant to paragraph (1) and
may continue the selection process until a satisfactory proposal is
identified.
(c) (1) A qualified energy service company working on an energy
retrofit project shall submit to the department or state agency, as
appropriate, on a monthly basis, a report demonstrating compliance
with this section.
(2) If the qualified energy service company fails to submit the
monthly report or submits a report that is incomplete, the department
or state agency, as appropriate, shall withhold further payments
until a complete report is submitted.
(3) The monthly report is a public record under the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code) and shall be available
for public inspection.
(d) Prior to performing an investment grade audit, the department
or other state agency shall provide a public notification that
includes the project location, assigned energy service company, and
the appropriate contact information on the department's Internet Web
site.
(e) Subparagraph (B) of paragraph (7) of subdivision (a) and
subdivision (c) do not apply if either of the following applies:
(1) The department or state agency, as appropriate, has entered
into a project labor agreement, as defined in paragraph (1) of
subdivision (b) of Section 2500 of the Public Contract Code, that
will bind all contractors and subcontractors performing work on the
project or contract and the entity agrees to be bound by that project
labor agreement.
(2) The entity has entered into a project labor agreement, as
defined in paragraph (1) of subdivision (b) of Section 2500 of the
Public Contract Code, that will bind the entity and all contractors
and subcontractors at every tier performing the project or contract.
(f) Subparagraph (B) of paragraph (7) of subdivision (a) and
subdivision (c) do not apply to work performed by the California
Conservation Corps that is nontrades and nonconstruction related.
(g) This section is not intended to waive other terms and
conditions applicable to a state contract for an energy retrofit
project.
(h) This section 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. 9. Section 399.20 of the Public
Utilities Code is amended to read:
399.20. (a) It is the policy of this state and the intent of the
Legislature to encourage electrical generation from eligible
renewable energy resources.
(b) As used in this section, "electric generation facility" means
an electric generation facility located within the service territory
of, and developed to sell electricity to, an electrical corporation
that meets all of the following criteria:
(1) Has an effective capacity of not more than three megawatts.
(2) Is interconnected and operates in parallel with the electrical
transmission and distribution grid.
(3) Is strategically located and interconnected to the electrical
transmission and distribution grid in a manner that optimizes the
deliverability of electricity generated at the facility to load
centers.
(4) Is an eligible renewable energy resource.
(c) Every electrical corporation shall file with the commission a
standard tariff for electricity purchased from an electric generation
facility. The commission may modify or adjust the requirements of
this section for any electrical corporation with less than 100,000
service connections, as individual circumstances merit.
(d) (1) The tariff shall provide for payment for every
kilowatthour of electricity purchased from an electric generation
facility for a period of 10, 15, or 20 years, as authorized by the
commission. The payment shall be the market price determined by the
commission pursuant to paragraph (2) and shall include all current
and anticipated environmental compliance costs, including, but not
limited to, mitigation of emissions of greenhouse gases and air
pollution offsets associated with the operation of new generating
facilities in the local air pollution control or air quality
management district where the electric generation facility is
located.
(2) The commission shall establish a methodology to determine the
market price of electricity for terms corresponding to the length of
contracts with an electric generation facility, in consideration of
the following:
(A) The long-term market price of electricity for fixed price
contracts, determined pursuant to an electrical corporation's general
procurement activities as authorized by the commission.
(B) The long-term ownership, operating, and fixed-price fuel costs
associated with fixed-price electricity from new generating
facilities.
(C) The value of different electricity products including
baseload, peaking, and as-available electricity.
(3) The commission may adjust the payment rate to reflect the
value of every kilowatthour of electricity generated on a
time-of-delivery basis.
(4) The commission shall ensure, with respect to rates and
charges, that ratepayers that do not receive service pursuant to the
tariff are indifferent to whether a ratepayer with an electric
generation facility receives service pursuant to the tariff.
(e) An electrical corporation shall provide expedited
interconnection procedures to an electric generation facility located
on a distribution circuit that generates electricity at a time and
in a manner so as to offset the peak demand on the distribution
circuit, if the electrical corporation determines that the electric
generation facility will not adversely affect the distribution grid.
The commission shall consider and may establish a value for an
electric generation facility located on a distribution circuit that
generates electricity at a time and in a manner so as to offset the
peak demand on the distribution circuit.
(f) (1) An electrical corporation shall make the tariff available
to the owner or operator of an electric generation facility within
the service territory of the electrical corporation, upon request, on
a first-come-first-served basis, until the electrical corporation
meets its proportionate share of a statewide cap of 750 megawatts
cumulative rated generation capacity served under this section and
Section 387.6. The proportionate share shall be calculated based on
the ratio of the electrical corporation's peak demand compared to the
total statewide peak demand.
(2) By June 1, 2013, the commission shall, in addition to the 750
megawatts identified in paragraph (1), direct the electrical
corporations to collectively procure at least 250 megawatts of
cumulative rated generating capacity from developers of bioenergy
projects that commence operation on or after June 1, 2013. The
commission shall, for each electrical corporation, allocate shares of
the additional 250 megawatts based on the ratio of each electrical
corporation's peak demand compared to the total statewide peak
demand. In implementing this paragraph, the commission shall do all
of the following:
(A) Allocate the 250 megawatts identified in this paragraph among
the electrical corporations based on the following categories:
(i) For biogas from wastewater treatment, municipal organic waste
diversion, food processing, and codigestion, 110 megawatts.
(ii) For dairy and other agricultural bioenergy, 90 megawatts.
(iii) For bioenergy using byproducts of sustainable forest
management, 50 megawatts. Allocations under this category shall be
determined based on the proportion of bioenergy that sustainable
forest management providers derive from sustainable forest management
in fire threat treatment areas, as designated by the Department of
Forestry and Fire Protection.
(B) Direct the electrical corporations to develop standard
contract terms and conditions that reflect the operational
characteristics of the projects, and to provide a streamlined
contracting process.
(C) Coordinate, to the maximum extent feasible, any incentive or
subsidy programs for bioenergy with the agencies listed in
subparagraph (A) of paragraph (3) in order to provide maximum
benefits to ratepayers and to ensure that incentives are used to
reduce contract prices.
(D) The commission shall encourage gas and electrical corporations
to develop and offer programs and services to facilitate development
of in-state biogas for a broad range of purposes.
(3) (A) The commission, in consultation with the State Energy
Resources Conservation and Development Commission, the State Air
Resources Board, the Department of Forestry and Fire Protection, the
Department of Food and Agriculture, and the Department of Resources
Recycling and Recovery, may review the allocations of the 250
additional megawatts identified in paragraph (2) to determine if
those allocations are appropriate.
(B) If the commission finds that the allocations of the 250
additional megawatts identified in paragraph (2) are not appropriate,
the commission may reallocate the 250 megawatts among the categories
established in subparagraph (A) of paragraph (2).
(4) (A) A project identified in clause (iii) of subparagraph (A)
of paragraph (2) is eligible, in regards to interconnection, for the
tariff established to implement paragraph (2) or to participate in
any program or auction established to implement paragraph (2), if it
meets at least one of the following requirements:
(i) The project is already interconnected.
(ii) The project has been found to be eligible for interconnection
pursuant to the fast track process under the relevant tariff.
(iii) A system impact study or other interconnection study has
been completed for the project under the relevant tariff, and there
was no determination in the study that, with the identified
interconnection upgrades, if any, a condition specified in paragraph
(2), (3), or (4) of subdivision (n) would exist. Such a project is
not required to have a pending, active interconnection application to
be eligible.
(B) For a project meeting the eligibility requirements pursuant to
clause (iii) of subparagraph (A) of this paragraph, both of the
following apply:
(i) The project is hereby deemed to be able to interconnect within
the required time limits for the purpose of determining eligibility
for the tariff.
(ii) The project shall submit a new application for
interconnection within 30 days of execution of a standard contract
pursuant to the tariff if it does not have a pending, active
interconnection application or a completed interconnection. For those
projects, the time to achieve commercial operation shall begin to
run from the date when the new system impact study or other
interconnection study is completed rather than from the date of
execution of the standard contract.
(4)
(5) For the purposes of this subdivision, "bioenergy"
means biogas and biomass.
(g) The electrical corporation may make the terms of the tariff
available to owners and operators of an electric generation facility
in the form of a standard contract subject to commission approval.
(h) Every kilowatthour of electricity purchased from an electric
generation facility shall count toward meeting the electrical
corporation's renewables portfolio standard annual procurement
targets for purposes of paragraph (1) of subdivision (b) of Section
399.15.
(i) The physical generating capacity of an electric generation
facility shall count toward the electrical corporation's resource
adequacy requirement for purposes of Section 380.
(j) (1) The commission shall establish performance standards for
any electric generation facility that has a capacity greater than one
megawatt to ensure that those facilities are constructed, operated,
and maintained to generate the expected annual net production of
electricity and do not impact system reliability.
(2) The commission may reduce the three megawatt capacity
limitation of paragraph (1) of subdivision (b) if the commission
finds that a reduced capacity limitation is necessary to maintain
system reliability within that electrical corporation's service
territory.
(k) (1) Any owner or operator of an electric generation facility
that received ratepayer-funded incentives in accordance with Section
379.6 of this code, or with Section 25782 of the Public Resources
Code, and participated in a net metering program pursuant to Sections
2827, 2827.9, and 2827.10 of this code prior to January 1, 2010,
shall be eligible for a tariff or standard contract filed by an
electrical corporation pursuant to this section.
(2) In establishing the tariffs or standard contracts pursuant to
this section, the commission shall consider ratepayer-funded
incentive payments previously received by the generation facility
pursuant to Section 379.6 of this code or Section 25782 of the Public
Resources Code. The commission shall require reimbursement of any
funds received from these incentive programs to an electric
generation facility, in order for that facility to be eligible for a
tariff or standard contract filed by an electrical corporation
pursuant to this section, unless the commission determines ratepayers
have received sufficient value from the incentives provided to the
facility based on how long the project has been in operation and the
amount of renewable electricity previously generated by the facility.
(3) A customer that receives service under a tariff or contract
approved by the commission pursuant to this section is not eligible
to participate in any net metering program.
( l ) An owner or operator of an electric generation
facility electing to receive service under a tariff or contract
approved by the commission shall continue to receive service under
the tariff or contract until either of the following occurs:
(1) The owner or operator of an electric generation facility no
longer meets the eligibility requirements for receiving service
pursuant to the tariff or contract.
(2) The period of service established by the commission pursuant
to subdivision (d) is completed.
(m) Within 10 days of receipt of a request for a tariff pursuant
to this section from an owner or operator of an electric generation
facility, the electrical corporation that receives the request shall
post a copy of the request on its Internet Web site. The information
posted on the Internet Web site shall include the name of the city in
which the facility is located, but information that is proprietary
and confidential, including, but not limited to, address information
beyond the name of the city in which the facility is located, shall
be redacted.
(n) An electrical corporation may deny a
tariff request pursuant to this section if the electrical corporation
makes any of the following findings:
(1) The electric generation facility does not meet the
requirements of this section.
(2) The transmission or distribution grid that would serve as the
point of interconnection is inadequate.
(3) The electric generation facility does not meet all applicable
state and local laws and building standards and utility
interconnection requirements.
(4) The aggregate of all electric generating facilities on a
distribution circuit would adversely impact utility operation and
load restoration efforts of the distribution system.
(o) Upon receiving a notice of denial from an electrical
corporation, the owner or operator of the electric generation
facility denied a tariff pursuant to this section shall have the
right to appeal that decision to the commission.
(p) In order to ensure the safety and reliability of electric
generation facilities, the owner of an electric generation facility
receiving a tariff pursuant to this section shall provide an
inspection and maintenance report to the electrical corporation at
least once every other year. The inspection and maintenance report
shall be prepared at the owner's or operator's expense by a
California-licensed contractor who is not the owner or operator of
the electric generation facility. A California-licensed electrician
shall perform the inspection of the electrical portion of the
generation facility.
(q) The contract between the electric generation facility
receiving the tariff and the electrical corporation shall contain
provisions that ensure that construction of the electric generating
facility complies with all applicable state and local laws and
building standards, and utility interconnection requirements.
(r) (1) All construction and installation of facilities of the
electrical corporation, including at the point of the output meter or
at the transmission or distribution grid, shall be performed only by
that electrical corporation.
(2) All interconnection facilities installed on the electrical
corporation's side of the transfer point for electricity between the
electrical corporation and the electrical conductors of the electric
generation facility shall be owned, operated, and maintained only by
the electrical corporation. The ownership, installation, operation,
reading, and testing of revenue metering equipment for electric
generating facilities shall only be performed by the electrical
corporation.
SEC. 9.5. Section 399.20 of the Public
Utilities Code is amended to read:
399.20. (a) It is the policy of this state and the intent of the
Legislature to encourage electrical generation from eligible
renewable energy resources.
(b) As used in this section, "electric generation facility" means
an electric generation facility located within the service territory
of, and developed to sell electricity to, an electrical corporation
that meets all of the following criteria:
(1) Has an effective capacity of not more than three
megawatts. megawatts, with the exception of those
facilities participating in a tariff made available
pursuant to paragraph (2) of subdivision (f).
(2) Is interconnected and operates in parallel with the electrical
transmission and distribution grid.
(3) Is strategically located and interconnected to the electrical
transmission and distribution grid in a manner that optimizes the
deliverability of electricity generated at the facility to load
centers.
(4) Is an eligible renewable energy resource.
(c) Every electrical corporation shall file with the commission a
standard tariff for electricity purchased from an electric generation
facility. The commission may modify or adjust the requirements of
this section for any electrical corporation with less than 100,000
service connections, as individual circumstances merit.
(d) (1) The tariff shall provide for payment for every
kilowatthour of electricity purchased from an electric generation
facility for a period of 10, 15, or 20 years, as authorized by the
commission. The payment shall be the market price determined by the
commission pursuant to paragraph (2) and shall include all current
and anticipated environmental compliance costs, including, but not
limited to, mitigation of emissions of greenhouse gases and air
pollution offsets associated with the operation of new generating
facilities in the local air pollution control or air quality
management district where the electric generation facility is
located.
(2) The commission shall establish a methodology to determine the
market price of electricity for terms corresponding to the length of
contracts with an electric generation facility, in consideration of
the following:
(A) The long-term market price of electricity for fixed price
contracts, determined pursuant to an electrical corporation's general
procurement activities as authorized by the commission.
(B) The long-term ownership, operating, and fixed-price fuel costs
associated with fixed-price electricity from new generating
facilities.
(C) The value of different electricity products including
baseload, peaking, and as-available electricity.
(3) The commission may adjust the payment rate to reflect the
value of every kilowatthour of electricity generated on a
time-of-delivery basis.
(4) The commission shall ensure, with respect to rates and
charges, that ratepayers that do not receive service pursuant to the
tariff are indifferent to whether a ratepayer with an electric
generation facility receives service pursuant to the tariff.
(e) An electrical corporation shall provide expedited
interconnection procedures to an electric generation facility located
on a distribution circuit that generates electricity at a time and
in a manner so as to offset the peak demand on the distribution
circuit, if the electrical corporation determines that the electric
generation facility will not adversely affect the distribution grid.
The commission shall consider and may establish a value for an
electric generation facility located on a distribution circuit that
generates electricity at a time and in a manner so as to offset the
peak demand on the distribution circuit.
(f) (1) An electrical corporation shall make the tariff available
to the owner or operator of an electric generation facility within
the service territory of the electrical corporation, upon request, on
a first-come-first-served basis, until the electrical corporation
meets its proportionate share of a statewide cap of 750 megawatts
cumulative rated generation capacity served under this section and
Section 387.6. The proportionate share shall be calculated based on
the ratio of the electrical corporation's peak demand compared to the
total statewide peak demand.
(2) By June 1, 2013, the commission shall, in addition to the 750
megawatts identified in paragraph (1), direct the electrical
corporations to collectively procure at least 250 megawatts of
cumulative rated generating capacity from developers of bioenergy
projects that commence operation on or after June 1, 2013. The
commission shall, for each electrical corporation, allocate shares of
the additional 250 megawatts based on the ratio of each electrical
corporation's peak demand compared to the total statewide peak
demand. In implementing this paragraph, the commission shall do all
of the following:
(A) Allocate the 250 megawatts identified in this paragraph among
the electrical corporations based on the following categories:
(i) For biogas from wastewater treatment, municipal organic waste
diversion, food processing, and codigestion, 110 megawatts.
(ii) For dairy and other agricultural bioenergy, 90 megawatts.
(iii) For bioenergy using byproducts of sustainable forest
management, 50 megawatts. Allocations under this category shall be
determined based on the proportion of bioenergy that sustainable
forest management providers derive from sustainable forest management
in fire threat treatment areas, as designated by the Department of
Forestry and Fire Protection.
(B) Direct the electrical corporations to develop standard
contract terms and conditions that reflect the operational
characteristics of the projects, and to provide a streamlined
contracting process.
(C) Coordinate, to the maximum extent feasible, any incentive or
subsidy programs for bioenergy with the agencies listed in
subparagraph (A) of paragraph (3) in order to provide maximum
benefits to ratepayers and to ensure that incentives are used to
reduce contract prices.
(D) The commission shall encourage gas and electrical corporations
to develop and offer programs and services to facilitate development
of in-state biogas for a broad range of purposes.
(E) Direct the electrical corporations to authorize a bioenergy
electric generation facility with a nameplate generating capacity of
up to five megawatts to participate in the tariff made available
pursuant to this paragraph, if it meets the following conditions:
(i) It delivers no more than three megawatts to the grid at any
time.
(ii) It complies with the electrical corporation's Electric Rule
21 tariff or other distribution access tariff.
(iii) Payment is made pursuant to paragraph (1) of subdivision (d)
and no payment is made for any electricity delivered to the grid in
excess of three megawatts at any time.
(3) (A) The commission, in consultation with the State Energy
Resources Conservation and Development Commission, the State Air
Resources Board, the Department of Forestry and Fire Protection, the
Department of Food and Agriculture, and the Department of Resources
Recycling and Recovery, may review the allocations of the 250
additional megawatts identified in paragraph (2) to determine if
those allocations are appropriate.
(B) If the commission finds that the allocations of the 250
additional megawatts identified in paragraph (2) are not appropriate,
the commission may reallocate the 250 megawatts among the categories
established in subparagraph (A) of paragraph (2).
(4) (A) A project identified in clause (iii) of subparagraph (A)
of paragraph (2) is eligible, in regards to interconnection, for the
tariff established to implement paragraph (2) or to participate in
any program or auction established to implement paragraph (2), if it
meets at least one of the following requirements:
(i) The project is already interconnected.
(ii) The project has been found to be eligible for interconnection
pursuant to the fast track process under the relevant tariff.
(iii) A system impact study or other interconnection study has
been completed for the project under the relevant tariff, and there
was no determination in the study that, with the identified
interconnection upgrades, if any, a condition specified in paragraph
(2), (3), or (4) of subdivision (n) would exist. Such a project is
not required to have a pending, active interconnection application to
be eligible.
(B) For a project meeting the eligibility requirements pursuant to
clause (iii) of subparagraph (A) of this paragraph, both of the
following apply:
(i) The project is hereby deemed to be able to interconnect within
the required time limits for the purpose of determining eligibility
for the tariff.
(ii) The project shall submit a new application for
interconnection within 30 days of execution of a standard contract
pursuant to the tariff if it does not have a pending, active
interconnection application or a completed interconnection. For those
projects, the time to achieve commercial operation shall begin to
run from the date when the new system impact study or other
interconnection study is completed rather than from the date of
execution of the standard contract.
(4)
(5) For the purposes of this subdivision, "bioenergy"
means biogas and biomass.
(g) The electrical corporation may make the terms of the tariff
available to owners and operators of an electric generation facility
in the form of a standard contract subject to commission approval.
(h) Every kilowatthour of electricity purchased from an electric
generation facility shall count toward meeting the electrical
corporation's renewables portfolio standard annual procurement
targets for purposes of paragraph (1) of subdivision (b) of Section
399.15.
(i) The physical generating capacity of an electric generation
facility shall count toward the electrical corporation's resource
adequacy requirement for purposes of Section 380.
(j) (1) The commission shall establish performance standards for
any electric generation facility that has a capacity greater than one
megawatt to ensure that those facilities are constructed, operated,
and maintained to generate the expected annual net production of
electricity and do not impact system reliability.
(2) The commission may reduce the three megawatt capacity
limitation of paragraph (1) of subdivision (b) if the commission
finds that a reduced capacity limitation is necessary to maintain
system reliability within that electrical corporation's service
territory.
(k) (1) Any owner or operator of an electric generation facility
that received ratepayer-funded incentives in accordance with Section
379.6 of this code, or with Section 25782 of the Public Resources
Code, and participated in a net metering program pursuant to Sections
2827, 2827.9, and 2827.10 of this code prior to January 1, 2010,
shall be eligible for a tariff or standard contract filed by an
electrical corporation pursuant to this section.
(2) In establishing the tariffs or standard contracts pursuant to
this section, the commission shall consider ratepayer-funded
incentive payments previously received by the generation facility
pursuant to Section 379.6 of this code or Section 25782 of the Public
Resources Code. The commission shall require reimbursement of any
funds received from these incentive programs to an electric
generation facility, in order for that facility to be eligible for a
tariff or standard contract filed by an electrical corporation
pursuant to this section, unless the commission determines ratepayers
have received sufficient value from the incentives provided to the
facility based on how long the project has been in operation and the
amount of renewable electricity previously generated by the facility.
(3) A customer that receives service under a tariff or contract
approved by the commission pursuant to this section is not eligible
to participate in any net metering program.
( l ) An owner or operator of an electric generation
facility electing to receive service under a tariff or contract
approved by the commission shall continue to receive service under
the tariff or contract until either of the following occurs:
(1) The owner or operator of an electric generation facility no
longer meets the eligibility requirements for receiving service
pursuant to the tariff or contract.
(2) The period of service established by the commission pursuant
to subdivision (d) is completed.
(m) Within 10 days of receipt of a request for a tariff pursuant
to this section from an owner or operator of an electric generation
facility, the electrical corporation that receives the request shall
post a copy of the request on its Internet Web site. The information
posted on the Internet Web site shall include the name of the city in
which the facility is located, but information that is proprietary
and confidential, including, but not limited to, address information
beyond the name of the city in which the facility is located, shall
be redacted.
(n) An electrical corporation may deny a tariff request pursuant
to this section if the electrical corporation makes any of the
following findings:
(1) The electric generation facility does not meet the
requirements of this section.
(2) The transmission or distribution grid that would serve as the
point of interconnection is inadequate.
(3) The electric generation facility does not meet all applicable
state and local laws and building standards and utility
interconnection requirements.
(4) The aggregate of all electric generating facilities on a
distribution circuit would adversely impact utility operation and
load restoration efforts of the distribution system.
(o) Upon receiving a notice of denial from an electrical
corporation, the owner or operator of the electric generation
facility denied a tariff pursuant to this section shall have the
right to appeal that decision to the commission.
(p) In order to ensure the safety and reliability of electric
generation facilities, the owner of an electric generation facility
receiving a tariff pursuant to this section shall provide an
inspection and maintenance report to the electrical corporation at
least once every other year. The inspection and maintenance report
shall be prepared at the owner's or operator's expense by a
California-licensed contractor who is not the owner or operator of
the electric generation facility. A California-licensed electrician
shall perform the inspection of the electrical portion of the
generation facility.
(q) The contract between the electric generation facility
receiving the tariff and the electrical corporation shall contain
provisions that ensure that construction of the electric generating
facility complies with all applicable state and local laws and
building standards, and utility interconnection requirements.
(r) (1) All construction and installation of facilities of the
electrical corporation, including at the point of the output meter or
at the transmission or distribution grid, shall be performed only by
that electrical corporation.
(2) All interconnection facilities installed on the electrical
corporation's side of the transfer point for electricity between the
electrical corporation and the electrical conductors of the electric
generation facility shall be owned, operated, and maintained only by
the electrical corporation. The ownership, installation, operation,
reading, and testing of revenue metering equipment for electric
generating facilities shall only be performed by the electrical
corporation.
SEC. 10. The Legislature finds and declares all of
the following:
(a) California imports 91 percent of its natural gas, which is
responsible for 25 percent of the state's emissions of greenhouse
gases.
(b) California made a commitment to address climate change with
the California Global Warming Solutions Act of 2006 (Division 25.5
(commencing with Section 38500) of the Health and Safety Code) and
the adoption of a comprehensive strategy to reduce emissions of
short-lived climate pollutants (Chapter 4.2 (commencing with Section
39730) of Part 2 of Division 26 of the Health and Safety Code). For
California to meet its goals for reducing emissions of greenhouse
gases and short-lived climate pollutants, the state must reduce
emissions from the natural gas sector and increase the production and
distribution of renewable and low-carbon gas supplies.
(c) Biomethane is gas generated from organic waste through
anaerobic digestion, gasification, pyrolysis, or other conversion
technology that converts organic matter to gas. Biomethane may be
produced from multiple sources, including agricultural waste, forest
waste, landfill gas, wastewater treatment byproducts, and diverted
organic waste.
(d) Biomethane provides a sustainable and clean alternative to
natural gas. If 10 percent of California's natural gas use were to be
replaced with biomethane use, emissions of greenhouse gases would be
reduced by tens of millions of metric tons of carbon dioxide
equivalent every year.
(e) Investing in biomethane would create cobenefits, including
flexible generation of electricity from a renewable source that is
available 24 hours a day, reduction of fossil fuel use, reduction of
air and water pollution, and new jobs.
(f) Biomethane can also be used as transportation fuel or injected
into natural gas pipelines for other uses. The most appropriate use
of biomethane varies depending on the source, proximity to existing
natural gas pipeline injection points or large vehicle fleets, and
the circumstances of existing facilities.
(g) The biomethane market has been slow to develop in California
because the collection, purification, and pipeline injection of
biomethane can be costly.
(h) Biomethane is poised to play a key role in future natural gas
and hydrogen fuel markets as a blendstock that can significantly
reduce the carbon footprint of these two fossil-based alternative
fuels.
(i) Biomethane is one of the most promising alternative vehicle
fuels because it generates the least net emissions of greenhouse
gases. According to the low-carbon fuel standard regulations
(Subarticle 7 (commencing with Section 95480) of Article 4 of
Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the
California Code of Regulations) adopted by the State Air Resources
Board, vehicles running on biomethane generate significantly lower
emissions of greenhouse gases than vehicles running on electricity or
fossil fuel-derived hydrogen.
(j) The California Council on Science and Technology was
established by California academic research institutions, including
the University of California, the University of Southern California,
the California Institute of Technology, Stanford University, and the
California State University, and was organized as a nonprofit
corporation pursuant to Section 501(c)(3) of the Internal Revenue
Code, in response to Assembly Concurrent Resolution No. 162
(Resolution Chapter 148 of the Statutes of 1988).
(k) The California Council on Science and Technology was uniquely
established at the request of the Legislature for the specific
purpose of offering expert advice to state government on public
policy issues significantly related to science and technology.
(l) It is in the public's interests, and in the interest of
ratepayers of the state's gas corporations, that the policies and
programs adopted by the Public Utilities Commission be guided by the
best science reasonably available.
SEC. 11. Section 784.1 is added to the
Public Utilities Code , to read:
784.1. (a) The Legislature requests that the California Council
on Science and Technology undertake and complete a study analyzing
the regional and gas corporation specific issues relating to minimum
heating value and maximum siloxane specifications for biomethane
before it can be injected into common carrier gas pipelines,
including those specifications adopted in Sections 4.4.3.3 and 4.4.4
of commission Decision 14-01-034 (January 16, 2014), Decision
Regarding the Biomethane Implementation Tasks in Assembly Bill 1900.
The study shall consider and evaluate other states' standards, the
source of biomethane, the dilution of biomethane after it is injected
into the pipeline, the equipment and technology upgrades required to
meet the minimum heating value specifications, including the impacts
of those specifications on the cost, volume of biomethane sold,
equipment operation, and safety. The study shall also consider
whether different sources of biogas should have different standards
or if all sources should adhere to one standard for the minimum
heating value and maximum permissible level of siloxanes. The study
shall develop the best science reasonably available and not merely be
a literature review. In order to meet the state's goals for reducing
emissions of greenhouse gases and short-lived climate pollutants and
the state's goals for promoting the use of renewable energy
resources in place of burning fossil fuels, the California Council on
Science and Technology, if it agrees to undertake and complete the
study, shall complete the study within nine months of entering into a
contract to undertake and complete the study.
(b) (1) If the California Council on Science and Technology agrees
to undertake and complete the study pursuant to subdivision (a), the
commission shall require each gas corporation operating common
carrier pipelines in California to proportionately contribute to the
expenses to undertake the study pursuant to Sections 740 and 740.1.
The commission may modify the monetary incentives made available
pursuant to commission Decision 15-06-029 (June 11, 2015), Decision
Regarding the Costs of Compliance with Decision 14-01-034 and
Adoption of Biomethane Promotion Policies and Program, to allocate
some of the moneys that would be made available for incentives to
instead be made available to pay for the costs of the study so as to
not further burden ratepayers with additional expense.
(2) The commission's authority pursuant to paragraph (1) shall
apply notwithstanding whether the gas corporation has proposed the
program pursuant to Section 740.1.
(c) If the California Council on Science and Technology agrees to
undertake and complete the study pursuant to subdivision (a), within
six months of its completion, the commission shall reevaluate its
requirements and standards adopted pursuant to Section 25421 of the
Health and Safety Code relative to the requirements and standards for
biomethane to be injected into common carrier pipelines and, if
appropriate, change those requirements and standards or adopt new
requirements and standards,
giving due deference to the conclusions and recommendations made in
the study by the California Council on Science and Technology.
SEC. 12. Section 2834 of the Public
Utilities Code is repealed.
2834. This chapter shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 13. (a) By March 31, 2017, the Public
Utilities Commission shall report to the relevant policy and fiscal
committees of the Legislature on its business process inventory
efforts. The report shall include documentation and measurement of
commission processes, including administrative and monitoring
processes shaped by law and judicial review, program performance and
communications pursuant to the commission's rules and procedures, and
internal processes related to administration and managing human
resources.
(b) The report shall be submitted in compliance with Section 9795
of the Government Code.
(c) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on April 1, 2021.
SEC. 14. (a) By March 31, 2017, the Public
Utilities Commission shall report to the relevant policy and fiscal
committees of the Legislature on options to locate operations and
staff outside of the commission's San Francisco headquarters. The
report shall explore options for leveraging additional facilities in
areas of the state, including Sacramento, that would allow the
commission to collaborate with other state entities and provide staff
more opportunities for training, career development, and exchange
placements with other state entities. The report shall do both of the
following:
(1) Consider categories of operations in different offices.
(2) Analyze recruitment and retention, salary disparities by
location based on duty statements, and costs associated with using
locations outside of San Francisco with no, or minimal, disruption of
current commission employees.
(b) The commission shall conduct one or more public workshops to
obtain suggestions, concerns, ideas, and comments from stakeholders
and interested members of the public in furtherance of the purpose of
the report.
(c) (1) The report shall be submitted in compliance with Section
9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on April 1, 2021.
SEC. 15. Section 4.5 of this bill incorporates
amendments to Section 1546.1 of the Penal Code proposed by both this
bill and Assembly Bill 1924. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2017, (2) each bill amends Section 1546.1 of the Penal Code, and (3)
this bill is enacted after Assembly Bill 1924, in which case Section
4 of this bill shall not become operative.
SEC. 16. Section 9.5 of this bill incorporates
amendments to Section 399.20 of the Public Utilities Code proposed by
both this bill and Assembly Bill 1923. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2017, (2) each bill amends Section 399.20 of the
Public Utilities Code, and (3) this bill is enacted after Assembly
Bill 1923, in which case Section 9 of this bill shall not become
operative.
SEC. 17. The sum of two hundred seventy-five
thousand dollars ($275,000) is hereby appropriated from the Appliance
Efficiency Enforcement Subaccount in the Energy Resources Programs
Account to the State Energy Resources Conservation and Development
Commission to support the Title 20 Appliance Efficiency Standards
Compliance Assistance and Enforcement Program.
SEC. 1 8. No reimbursement is required
by this act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SEC. 1 9. 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.
SECTION 1. Section 155 of the Code of Civil
Procedure is amended to read:
155. (a) (1) A superior court has jurisdiction under California
law to make judicial determinations regarding the custody and care of
children within the meaning of the federal Immigration and
Nationality Act (8 U.S.C. Sec. 1101 et seq. and 8 C.F.R. Sec.
204.11), which includes, but is not limited to, the juvenile,
probate, and family court divisions of the superior court. These
courts have jurisdiction to make the factual findings necessary to
enable a child to petition the United States Citizenship and
Immigration Services for classification as a special immigrant
juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United
States Code.
(2) The factual findings set forth in paragraph (1) of subdivision
(b) may be made at any point in a proceeding regardless of the
division of the superior court or type of proceeding if the
prerequisites of that subdivision are met.
(b) (1) If an order is requested from the superior court making
the necessary findings regarding special immigrant juvenile status
pursuant to Section 1101(a)(27)(J) of Title 8 of the United States
Code, and there is evidence to support those findings, which may
consist solely of, but is not limited to, a declaration by the child
who is the subject of the petition, the court shall issue the order,
which shall include all of the following findings:
(A) The child was either of the following:
(i) Declared a dependent of the court.
(ii) Legally committed to, or placed under the custody of, a state
agency or department, or an individual or entity appointed by the
court. The court shall indicate the date on which the dependency,
commitment, or custody was ordered.
(B) That reunification of the child with one or both of the child'
s parents was determined not to be viable because of abuse, neglect,
abandonment, or a similar basis pursuant to California law. The court
shall indicate the date on which reunification was determined not to
be viable.
(C) That it is not in the best interest of the child to be
returned to the child's, or his or her parent's, previous country of
nationality or country of last habitual residence.
(2) The superior court may make additional findings under this
section that are supported by evidence only if requested by a party.
The asserted, purported, or perceived motivation of the child seeking
classification as a special immigrant juvenile shall not be
admissible in making the findings under this section. The court shall
not include nor reference the asserted, purported, or perceived
motivation of the child seeking classification as a special immigrant
juvenile in the court's findings under this section.
(c) In any judicial proceedings in response to a request that the
superior court make the findings necessary to support a petition for
classification as a special immigrant juvenile, information regarding
the child's immigration status that is not otherwise protected by
state confidentiality laws shall remain confidential and shall be
available for inspection only by the court, the child who is the
subject of the proceeding, the parties, the attorneys for the
parties, the child's counsel, and the child's guardian.
(d) In any judicial proceedings in response to a request that the
superior court make the findings necessary to support a petition for
classification as a special immigrant juvenile, records of the
proceedings that are not otherwise protected by state confidentiality
laws may be sealed using the procedure set forth in California Rules
of Court 2.550 and 2.551.
(e) The Judicial Council shall adopt any rules and forms needed to
implement this section.
SEC. 2. Section 11253.4 of the Welfare and
Institutions Code is amended to read:
11253.4. (a) (1) On and after January 1, 2015, a child eligible
for the Approved Relative Caregiver Funding Option Program in
accordance with Section 11461.3 is not subject to the provisions of
this chapter relating to CalWORKs, including, but not limited to, the
provisions that relate to CalWORKs eligibility, welfare-to-work,
time limits, or grant computation.
(2) All of the following shall apply to a child specified in
paragraph (1):
(A) He or she shall receive the applicable regional CalWORKs grant
for recipient in an assistance unit of one, pursuant to the exempt
maximum aid payment set forth in Section 11450, and any changes to
the CalWORKs grant amount shall apply to the grant described in this
subparagraph.
(B) Notwithstanding any other law, the CalWORKs grant of the child
shall be paid by the county with payment responsibility as described
in subdivision (b) of Section 11461.3, rather than the county of
residence of the child, unless the child resides in the county with
payment responsibility.
(C) For an assistance unit described in subparagraph (A),
eligibility shall be determined in accordance with paragraph (3) of
subdivision (a) of Section 672 of Title 42 of the United States Code
and state law implementing those requirements for the purposes of
Article 5 (commencing with Section 11400).
(D) (i) Article 7 (commencing with Section 11475.2), as modified
by subdivisions (j) and (k) of Section 11461.3, shall apply to an
assistance unit described in subparagraph (A).
(ii) This subparagraph is intended by the Legislature to clarify
existing law.
(b) (1) Except as provided in paragraph (2), a person who is an
approved relative caregiver with whom a child eligible in accordance
with Section 11461.3 is placed shall be exempt from Chapter 4.6
(commencing with Section 10830) of Part 2 governing the statewide
fingerprint imaging system.
(2) An approved relative caregiver who is also an applicant for or
a recipient of benefits under this chapter shall comply with the
statewide fingerprint imaging system requirements.
(c) Notwithstanding Sections 11004 and 11004.1 or any other law,
overpayments to an assistance unit described in subparagraph (A) of
paragraph (2) of subdivision (a) shall be collected in accordance
with subdivision (d) of Section 11461.3.
(d) If an approved relative caregiver with whom a child eligible
in accordance with Section 11461.3 is placed is also an applicant for
or a recipient of benefits under this chapter, all of the following
shall apply:
(1) The applicant or recipient and each eligible child, excluding
any child eligible in accordance with Section 11461.3, shall receive
aid in an assistance unit separate from the assistance unit described
in subparagraph (A) of paragraph (2) of subdivision (a), and the
CalWORKs grant of the assistance unit shall be paid by the county of
residence of the assistance unit.
(2) For purposes of calculating the grant of the assistance unit,
the number of eligible needy persons on which the grant is based
pursuant to paragraph (1) of subdivision (a) of Section 11450 shall
not include any child eligible in accordance with Section 11461.3.
(3) For purposes of calculating minimum basic standards of
adequate care for the assistance unit, any child eligible in
accordance with Section 11461.3 shall be included as an eligible
needy person in the same family pursuant to paragraph (2) of
subdivision (a) of Section 11452.
(e) This section shall apply retroactively to a child eligible for
the Approved Relative Caregiver Funding Option Program and his or
her approved relative caregiver as of January 1, 2015.
SEC. 3. Section 11253.45 is added to the
Welfare and Institutions Code, immediately following Section 11253.4,
to read:
11253.45. (a) (1) A child to whom Section 309, 361.45, or 16519.5
applies, and who is placed in the home of a relative who has been
approved as a resource family pursuant to Section 16519.5, shall
receive a grant that equals the resource family basic rate at the
child's assessed level of care, as set forth in subdivision (g) of
Section 11461 and Section 11463. If the child is determined eligible
for aid, the total grant shall be comprised of the CalWORKs grant
plus an amount that, when combined with the CalWORKs grant, equals
the resource family basic rate at the child's assessed level of care.
(2) The non-CalWORKs portion of the grant provided in paragraph
(1) shall be paid from funds separate from funds appropriated in the
annual Budget Act and counties' share of costs for the CalWORKs
program.
(3) A child specified in paragraph (1) is not subject to the
provisions of this chapter relating to CalWORKs, including, but not
limited to, the provisions that relate to CalWORKs eligibility,
welfare to work, child support enforcement, time limits, or grant
computation.
(4) All of the following shall apply to a child specified in
paragraph (1):
(A) He or she shall receive the applicable regional CalWORKs grant
for a recipient in an assistance unit of one, pursuant to the exempt
maximum aid payment set forth in Section 11450, and any changes to
the CalWORKs grant amount shall apply to the grant described in this
subparagraph.
(B) Notwithstanding any other law, the CalWORKs grant for the
child shall be paid by the county with payment responsibility in
accordance with paragraph (1) regardless of the county of residence
of the child.
(C) For an assistance unit described in subparagraph (A),
eligibility shall be determined in accordance with paragraph (3) of
subdivision (a) of Section 672 of Title 42 of the United States Code
and state law implementing those requirements for the purposes of
Article 5 (commencing with Section 11400).
(b) (1) Except as provided in paragraph (2), a person applying for
aid on behalf of a child described in paragraph (1) of subdivision
(a), shall be exempt from Chapter 4.6 (commencing with Section 10830)
of Part 2 governing the statewide fingerprint imaging system.
(2) A relative who is also an applicant for or a recipient of
benefits under this chapter shall comply with the statewide
fingerprint imaging system requirements.
(c) Notwithstanding Sections 11004 and 11004.1 or any other law,
overpayments to an assistance unit described in subparagraph (A) of
paragraph (4) of subdivision (a) shall be collected using the
standards and processes for overpayment recoupment as specified in
Section 11466.24, and recouped overpayments shall not be subject to
remittance to the federal government.
(d) If a relative with whom a child eligible in accordance with
this section is placed is also an applicant for, or a recipient of,
benefits under this chapter, all of the following shall apply:
(1) The applicant or recipient and each eligible child, excluding
any child eligible in accordance with this section, shall receive aid
in an assistance unit separate from the assistance unit described in
subparagraph (A) of paragraph (4) of subdivision (a), and the
CalWORKs grant of the assistance unit shall be paid by the county of
residence of the assistance unit.
(2) For purposes of calculating the grant of the assistance unit,
the number of eligible needy persons on which the grant is based
pursuant to paragraph (1) of subdivision (a) of Section 11450 shall
not include any child eligible in accordance with this section.
(3) For purposes of calculating minimum basic standards of
adequate care for the assistance unit, any child eligible in
accordance with this section shall be included as an eligible needy
person in the same family pursuant to paragraph (2) of subdivision
(a) of Section 11452.
(e) This section shall apply only to a child under the
jurisdiction of a county that has not opted into the Approved
Relative Caregiver Funding Option pursuant to Section 11461.3.
(f) This section shall become operative on January 1, 2017.
SEC. 4. Section 11320.15 of the Welfare and
Institutions Code is amended to read:
11320.15. (a) After a participant has been removed from the
assistance unit under subdivision (a) of Section 11454, additional
welfare-to-work services may be provided to the recipient, at the
option of the county. If the county provides services to the
recipient after the 48-month limit has been reached, the recipient
shall participate in community service or subsidized employment, as
described in Section 11322.63.
(b) This section shall become 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 it becomes inoperative and is repealed.
SEC. 5. Section 11320.15 is added to the
Welfare and Institutions Code, to read:
11320.15. (a) After a participant has been removed from the
assistance unit under subdivision (a) of Section 11454, additional
welfare-to-work services may be provided to the recipient, at the
option of the county. If the county provides services to the
recipient after the 48-month limit has been reached, the recipient
shall participate in community service or subsidized employment, as
described in Section 11322.64.
(b) This section shall become operative on July 1, 2016.
SEC. 6. Section 11320.32 of the Welfare and
Institutions Code is amended to read:
11320.32. (a) The department shall administer a voluntary
Temporary Assistance Program (TAP) for current and future CalWORKs
recipients who meet the exemption criteria for work participation
activities set forth in Section 11320.3 and are not single parents
who have a child under the age of one year. Temporary Assistance
Program recipients shall be entitled to the same assistance payments
and other benefits as recipients under the CalWORKs program. The
purpose of this program is to provide cash assistance and other
benefits to eligible families without any federal restrictions or
requirements and without any adverse impact on recipients. The
Temporary Assistance Program shall commence no later than October 1,
2016.
(b) CalWORKs recipients who meet the exemption criteria for work
participation activities set forth in subdivision (b) of Section
11320.3, and are not single parents with a child under one year of
age, shall have the option of receiving grant payments, child care,
and transportation services from the Temporary Assistance Program.
The department shall notify all CalWORKs recipients and applicants
meeting the exemption criteria specified in subdivision (b) of
Section 11320.3, except for single parents with a child under the age
of one year, of their option to receive benefits under the Temporary
Assistance Program. Absent written indication that these recipients
or applicants choose not to receive assistance from the Temporary
Assistance Program, the department shall enroll CalWORKs recipients
and applicants into the program. However, exempt volunteers shall
remain in the CalWORKs program unless they affirmatively indicate, in
writing, their interest in enrolling in the Temporary Assistance
Program. A Temporary Assistance Program recipient who no longer meets
the exemption criteria set forth in Section 11320.3 shall be
enrolled in the CalWORKs program.
(c) Funding for grant payments, child care, transportation, and
eligibility determination activities for families receiving benefits
under the Temporary Assistance Program shall be funded with General
Fund resources that do not count toward the state's maintenance of
effort requirements under clause (i) of subparagraph (B) of paragraph
(7) of subdivision (a) of Section 609 of Title 42 of the United
States Code, up to the caseload level equivalent to the amount of
funding provided for this purpose in the annual Budget Act.
(d) It is the intent of the Legislature that recipients shall have
and maintain access to the hardship exemption and the services
necessary to begin and increase participation in welfare-to-work
activities, regardless of their county of origin, and that the number
of recipients exempt under subdivision (b) of Section 11320.3 not
significantly increase due to factors other than changes in caseload
characteristics. All relevant state law applicable to CalWORKs
recipients shall also apply to families funded under this section.
This section does not modify the criteria for exemption in Section
11320.3.
(e) To the extent that this section is inconsistent with federal
regulations regarding implementation of the Deficit Reduction Act of
2005, the department may amend the funding structure for exempt
families to ensure consistency with these regulations, not later than
30 days after providing written notification to the chair of the
Joint Legislative Budget Committee and the chairs of the appropriate
policy and fiscal committees of the Legislature.
(f) This section shall become inoperative on June 30, 2016.
SEC. 7. Section 11322.63 of the Welfare and
Institutions Code is amended to read:
11322.63. (a) For counties that implement a welfare-to-work plan
that includes subsidized private sector or public sector employment
activities, the State Department of Social Services shall pay the
county 50 percent, less one hundred thirteen dollars ($113), of the
total wage costs of an employee for whom a wage subsidy is paid,
subject to all of the following conditions:
(1) (A) For participants receiving CalWORKs aid, the maximum state
contribution of the total wage cost shall not exceed 100 percent of
the computed grant for the assistance unit in the month prior to
participation in subsidized employment.
(B) For participants who have received aid in excess of the time
limits provided in subdivision (a) of Section 11454, the maximum
state contribution of the total wage cost shall not exceed 100
percent of the computed grant for the assistance unit in the month
prior to participation in subsidized employment.
(C) In the case of an individual who participates in subsidized
employment as a service provided by a county pursuant to Section
11323.25, the maximum state contribution of the total wage cost shall
not exceed 100 percent of the computed grant that the assistance
unit received in the month prior to participation in the subsidized
employment.
(D) The maximum state contribution, as defined in this paragraph,
shall remain in effect until the end of the subsidy period as
specified in paragraph (2), including with respect to subsidized
employment participants whose wage results in the assistance unit no
longer receiving a CalWORKs grant.
(E) State funding provided for total wage costs shall only be used
to fund wage and nonwage costs of the county's subsidized employment
program.
(2) State participation in the total wage costs pursuant to this
section shall be limited to a maximum of six
months of wage subsidies for each participant. If
the county finds that a longer subsidy period is necessary in order
to mutually benefit the employer and the participant, state
participation in a subsidized wage may be offered for up to 12
months.
(3) Eligibility for entry into subsidized employment funded under
this section shall be limited to individuals who are not otherwise
employed at the time of entry into the subsidized job, and who are
current CalWORKs recipients, sanctioned individuals, or individuals
described in Section 11320.15 who have exceeded the time limits
specified in subdivision (a) of Section 11454. A county may continue
to provide subsidized employment funded under this section to
individuals who become ineligible for CalWORKs benefits in accordance
with Section 11323.25.
(b) Upon application for CalWORKs after a participant's subsidized
employment ends, if an assistance unit is otherwise eligible within
three calendar months of the date that subsidized employment ended,
the income exemption requirements contained in Section 11451.5 and
the work requirements contained in subdivision (c) of Section 11201
shall apply. If aid is restored after the expiration of that
three-month period, the income exemption requirements contained in
Section 11450.12 and the work requirements contained in subdivision
(b) of Section 11201 shall apply.
(c) The department, in conjunction with representatives of county
welfare offices and their directors and the Legislative Analyst's
Office, shall assess the cost neutrality of the subsidized employment
program pursuant to this section and make recommendations to the
Legislature, if necessary, to ensure cost neutrality. The department
shall testify regarding the cost neutrality of the subsidized
employment program during the 2012-13 fiscal year legislative budget
hearings.
(d) No later than January 10, 2013, the State Department of Social
Services shall submit a report to the Legislature on the outcomes of
implementing this section that shall include, but need not be
limited to, all of the following:
(1) The number of CalWORKs recipients that entered subsidized
employment.
(2) The number of CalWORKs recipients who found nonsubsidized
employment after the subsidy ends.
(3) The earnings of the program participants before and after the
subsidy.
(4) The impact of this program on the state's work participation
rate.
(e) Payment of the state's share in total wage costs required by
this section shall be made in addition to, and independent of, the
county allocations made pursuant to Section 15204.2.
(f) (1) A county that accepts additional funding for expanded
subsidized employment for CalWORKs recipients in accordance with
Section 11322.64 shall continue to expend no less than the aggregate
amount of funding received by the county pursuant to Section 15204.2
that the county expended on subsidized employment pursuant to this
section in the 2012-13 fiscal year.
(2) This subdivision shall not apply for any fiscal year in which
the total CalWORKs caseload is projected by the department to
increase more than 5 percent of the total actual CalWORKs caseload in
the 2012-13 fiscal year.
(g) For purposes of this section, "total wage costs" include the
actual wage paid directly to the participant that is allowable under
the Temporary Assistance for Needy Families program.
(h) This section shall become 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 it becomes inoperative and is repealed.
SEC. 8. Section 11322.64 of the Welfare and
Institutions Code is amended to read:
11322.64. (a) (1) The department, in consultation with the County
Welfare Directors Association of California, shall develop an
allocation methodology to distribute additional funding for expanded
subsidized employment programs for CalWORKs recipients.
(2) Funds allocated pursuant to this section may be utilized to
cover all expenditures related to the operational costs of the
expanded subsidized employment program, including the cost of
overseeing the program, developing work sites, and providing training
to participants, as well as wage and nonwage costs.
(3) The department, in consultation with the County Welfare
Directors Association of California, shall determine the amount or
proportion of funding allocated pursuant to this section that may be
utilized for operational costs, consistent with the number of
employment slots anticipated to be created and the funding provided.
(b) Funds allocated for expanded subsidized employment shall be in
addition to, and independent of, the county allocations made
pursuant to Section 15204.2 and shall not be used by a county to fund
subsidized employment pursuant to Section 11322.63.
(c) Each county shall submit to the department a plan regarding
how it intends to utilize the funds allocated pursuant to this
section.
(d) (1) Participation in subsidized employment pursuant to this
section shall be limited to a maximum of six months for each
participant.
(2) Notwithstanding paragraph (1), a county may extend
participation beyond the six-month limitation described in paragraph
(1) for up to an additional three months at a time, to a maximum of
no more than 12 total months. Extensions may be granted pursuant to
this paragraph if the county determines that the additional time will
increase the likelihood of either of the following:
(A) The participant obtaining unsubsidized employment with the
participating employer.
(B) The participant obtaining specific skills and experiences
relevant for unsubsidized employment in a particular field.
(e) A county may continue to provide subsidized employment funded
under this section to individuals who become ineligible for CalWORKs
benefits in accordance with Section 11323.25.
(f) Upon application for CalWORKs assistance after a participant's
subsidized employment ends, if an assistance unit is otherwise
eligible within three calendar months of the date that subsidized
employment ended, the income exemption requirements contained in
Section 11451.5 and the work requirements contained in subdivision
(c) of Section 11201 shall apply. If aid is restored after the
expiration of that three-month period, the income exemption
requirements contained in Section 11450.12 and the work requirements
contained in subdivision (b) of Section 11201 shall apply.
(g) No later than April 1, 2015, the State Department of Social
Services shall submit at least the following information regarding
implementation of this section to the Legislature:
(1) The number of CalWORKs recipients that entered subsidized
employment.
(2) The number of CalWORKs recipients who found nonsubsidized
employment after the subsidy ends.
(3) The earnings of the program participants before and after the
subsidy.
(4) The impact of this program on the state's work participation
rate.
(h) This section shall become 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 it becomes inoperative and is repealed.
SEC. 9. Section 11322.64 is added to the
Welfare and Institutions Code, to read:
11322.64. (a) (1) The department, in consultation with the County
Welfare Directors Association of California, shall develop an
allocation methodology to distribute additional funding for expanded
subsidized employment programs for CalWORKs recipients, or
individuals described in Section 11320.15 who have exceeded the time
limits specified in subdivision (a) of Section 11454.
(2) Funds allocated pursuant to this section may be utilized to
cover all expenditures related to the operational costs of the
expanded subsidized employment program, including the cost of
overseeing the program, developing work sites, and providing training
to participants, as well as wage and nonwage costs.
(3) The department, in consultation with the County Welfare
Directors Association of California, shall determine the amount or
proportion of funding allocated pursuant to this section that may be
utilized for operational costs, consistent with the number of
employment slots anticipated to be created and the funding provided.
(b) Funds allocated for expanded subsidized employment shall be in
addition to, and independent of, the county allocations made
pursuant to Section 15204.2.
(c) (1) A county that accepts additional funding for expanded
subsidized employment in accordance with this section shall continue
to expend no less than the aggregate amount of funding received by
the county pursuant to Section 15204.2 that the county expended on
subsidized employment in the 2012-13 fiscal year pursuant to Section
11322.63, as that section read on June 30, 2016.
(2) This subdivision shall not apply for any fiscal year in which
the total CalWORKs caseload is projected by the department to
increase by more than 5 percent of the total actual CalWORKs caseload
in the 2012-13 fiscal year.
(d) Each county shall submit to the department a plan regarding
how it intends to utilize the funds allocated pursuant to this
section.
(e) (1) Participation in subsidized employment pursuant to this
section shall be limited to a maximum of six months for each
participant.
(2) Notwithstanding paragraph (1), a county may extend
participation beyond the six-month limitation described in paragraph
(1) for up to an additional three months at a time, to a maximum of
no more than 12 total months. Extensions may be granted pursuant to
this paragraph if the county determines that the additional time will
increase the likelihood of either of the following:
(A) The participant obtaining unsubsidized employment with the
participating employer.
(B) The participant obtaining specific skills and experiences
relevant for unsubsidized employment in a particular field.
(f) A county may continue to provide subsidized employment funded
under this section to individuals who become ineligible for CalWORKs
benefits in accordance with Section 11323.25.
(g) Upon application for CalWORKs assistance after a participant's
subsidized employment ends, if an assistance unit is otherwise
eligible within three calendar months of the date that subsidized
employment ended, the income exemption requirements contained in
Section 11451.5 and the work requirements contained in subdivision
(c) of Section 11201 shall apply. If aid is restored after the
expiration of that three-month period, the income exemption
requirements contained in Section 11450.12 and the work requirements
contained in subdivision (b) of Section 11201 shall apply.
(h) No later than April 1, 2015, the State Department of Social
Services shall submit at least the following information regarding
implementation of this section to the Legislature:
(1) The number of CalWORKs recipients that entered subsidized
employment.
(2) The number of CalWORKs recipients who found nonsubsidized
employment after the subsidy ends.
(3) The earnings of the program participants before and after the
subsidy.
(4) The impact of this program on the state's work participation
rate.
(i) This section shall become operative on July 1, 2016.
SEC. 10. Section 11322.83 is added to the
Welfare and Institutions Code, immediately following Section 11322.8,
to read:
11322.83. (a) A recipient who is making satisfactory progress in
a career pathway program established in accordance with the federal
Workforce Innovation and Opportunity Act (Public Law 113-128) shall
be deemed to be in compliance with the hourly participation
requirements described in subdivision (a) of Section 11322.8.
(b) Subdivision (a) applies only if a local workforce development
board established under Section 3122 of Title 29 of the United States
Code provides its approval that the career pathway program meets the
requirements of Section 3102(7) of Title 29 of the United States
Code and the county verifies that the recipient is making
satisfactory progress in that program.
SEC. 11. Section 11323.25 of the Welfare and
Institutions Code is amended to read:
11323.25. (a) In addition to its authority under subdivision (b)
of Section 11323.2, if provided in a county plan, the county may
continue to provide welfare-to-work services to former participants
who became ineligible for CalWORKs benefits because they became
employed under Section 11322.63 or 11322.64. The county may provide
these services for up to the first 12 months of employment, to the
extent they are not available from other sources and are needed for
the individual to retain the subsidized employment.
(b) This section shall become 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 it becomes inoperative and is repealed.
SEC. 12. Section 11323.25 is added to the
Welfare and Institutions Code, to read:
11323.25. (a) In addition to its authority under subdivision (b)
of Section 11323.2, if provided in a county plan, the county may
continue to provide welfare-to-work services to former participants
who became ineligible for CalWORKs benefits because they became
employed under Section 11322.64. The county may provide these
services for up to the first 12 months of employment, to the extent
they are not available from other sources and are needed for the
individual to retain the subsidized employment.
(b) This section shall become operative on July 1, 2016.
SEC. 13. Section 11402 of the Welfare and
Institutions Code, as amended by Section 65 of Chapter 773 of the
Statutes of 2015, is amended to read:
11402. In order to be eligible for AFDC-FC, a child or nonminor
dependent shall be placed in one of the following:
(a) Prior to January 1, 2019, the approved home of a relative,
provided the child or youth is otherwise eligible for federal
financial participation in the AFDC-FC payment.
(b) (1) Prior to January 1, 2019, the licensed family home of a
nonrelative.
(2) Prior to January 1, 2019, the approved home of a nonrelative
extended family member as described in Section 362.7.
(c) The approved home of a resource family, as defined in Section
16519.5, if either of the following is true:
(1) The caregiver is a nonrelative.
(2) The caregiver is a relative, and the child or youth is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(d) A licensed group home, as defined in subdivision (h) of
Section 11400, excluding a runaway and homeless youth shelter as
defined in subdivision (ab) of Section 11400, provided that the
placement worker has documented that the placement is necessary to
meet the treatment needs of the child or youth and that the facility
offers those treatment services.
(e) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child or
youth who is otherwise eligible for AFDC-FC has been dismissed due to
the child or youth attaining 18 years of age.
(f) An exclusive-use home.
(g) A housing model certified by a licensed transitional housing
placement provider as described in Section 1559.110 of the Health and
Safety Code and as defined in subdivision (r) of Section 11400.
(h) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a child or youth in an out-of-state group
home, documents that the requirements of Section 7911.1 of the Family
Code have been met.
(i) An approved supervised independent living setting for nonminor
dependents, as defined in subdivision (w) of Section 11400.
(j) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 14. Section 11402 of the Welfare and
Institutions Code, as added by Section 66 of Chapter 773 of the
Statutes of 2015, is amended to read:
11402. In order to be eligible for AFDC-FC, a child or nonminor
dependent shall be placed in one of the following:
(a) Prior to January 1, 2019, the approved home of a relative,
provided the child or youth is otherwise eligible for federal
financial participation in the AFDC-FC payment.
(b) (1) Prior to January 1, 2019, the home of a nonrelated legal
guardian or the home of a former nonrelated legal guardian when the
guardianship of a child or youth who is otherwise eligible for
AFDC-FC has been dismissed due to the child or youth attaining 18
years of age.
(2) Prior to January 1, 2019, the approved home of a nonrelative
extended family member, as described in Section 362.7.
(c) (1) Prior to January 1, 2019, the licensed family home of a
nonrelative.
(2) The approved home of a resource family, as defined in Section
16519.5, if either of the following is true:
(A) The caregiver is a nonrelative.
(B) The caregiver is a relative, and the child or youth is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(d) (1) A housing model certified by a licensed transitional
housing placement provider, as described in Section 1559.110 of the
Health and Safety Code, and as defined in subdivision (r) of Section
11400.
(2) An approved supervised independent living setting for nonminor
dependents, as defined in subdivision (w) of Section 11400.
(e) A licensed foster family agency, as defined in subdivision (g)
of Section 11400 and paragraph (4) of subdivision (a) of Section
1502 of the Health and Safety Code, for placement into a certified or
approved home.
(f) A short-term residential treatment center licensed as a
community care facility, as defined in subdivision (ad) of Section
11400 and paragraph (18) of subdivision (a) of Section 1502 of the
Health and Safety Code.
(g) An out-of-state group home that meets the requirements of
paragraph (2) of subdivision (c) of Section 11460, provided that the
placement worker, in addition to complying with all other statutory
requirements for placing a child or youth in an out-of-state group
home, documents that the requirements of Section 7911.1 of the Family
Code have been met.
(h) A community treatment facility set forth in Article 5
(commencing with Section 4094) of Chapter 3 of Part 1 of Division 4.
(i) This section shall become operative on January 1, 2017.
SEC. 15. Section 11450 of the Welfare and
Institutions Code is amended to read:
11450. (a) (1) (A) Aid shall be paid for each needy family, which
shall include all eligible brothers and sisters of each eligible
applicant or recipient child and the parents of the children, but
shall not include unborn children, or recipients of aid under Chapter
3 (commencing with Section 12000), qualified for aid under this
chapter. In determining the amount of aid paid, and notwithstanding
the minimum basic standards of adequate care specified in Section
11452, the family's income, exclusive of any amounts considered
exempt as income or paid pursuant to subdivision (e) or Section
11453.1, determined for the prospective semiannual period pursuant to
Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant
to Section 11451.5, shall be deducted from the sum specified in the
following table, as adjusted for cost-of-living increases pursuant to
Section 11453 and paragraph (2). In no case shall the amount of aid
paid for each month exceed the sum specified in the following table,
as adjusted for cost-of-living increases pursuant to Section 11453
and paragraph (2), plus any special needs, as specified in
subdivisions (c), (e), and (f):
Number
of
eligible
needy
persons
in Maximum
the same home aid
1.............................. $ 326
2.............................. 535
3.............................. 663
4.............................. 788
5.............................. 899
6.............................. 1,010
7.............................. 1,109
8.............................. 1,209
9.............................. 1,306
10 or more...................... 1,403
(B) If, when, and during those times that the United States
government increases or decreases its contributions in assistance of
needy children in this state above or below the amount paid on July
1, 1972, the amounts specified in the above table shall be increased
or decreased by an amount equal to that increase or decrease by the
United States government, provided that no increase or decrease shall
be subject to subsequent adjustment pursuant to Section 11453.
(2) The sums specified in paragraph (1) shall not be adjusted for
cost of living for the 1990-91, 1991-92, 1992-93, 1993-94, 1994-95,
1995-96, 1996-97, and 1997-98 fiscal years, and through October 31,
1998, nor shall that amount be included in the base for calculating
any cost-of-living increases for any fiscal year thereafter.
Elimination of the cost-of-living adjustment pursuant to this
paragraph shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
(b) (1) When the family does not include a needy child qualified
for aid under this chapter, aid shall be paid to a pregnant child who
is 18 years of age or younger at any time after verification of
pregnancy, in the amount that would otherwise be paid to one person,
as specified in subdivision (a), if the child and her child, if born,
would have qualified for aid under this chapter. Verification of
pregnancy shall be required as a condition of eligibility for aid
under this subdivision.
(2) Notwithstanding paragraph (1), when the family does not
include a needy child qualified for aid under this chapter, aid shall
be paid to a pregnant woman for the month in which the birth is
anticipated and for the six-month period immediately prior to the
month in which the birth is anticipated, in the amount that would
otherwise be paid to one person, as specified in subdivision (a), if
the woman and child, if born, would have qualified for aid under this
chapter. Verification of pregnancy shall be required as a condition
of eligibility for aid under this subdivision.
(3) Paragraph (1) shall apply only when the Cal-Learn Program is
operative.
(c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant women qualified for aid under subdivision (a) or (b)
to meet special needs resulting from pregnancy if the woman and
child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants, and
Children program. If that payment to pregnant women qualified for aid
under subdivision (a) is considered income under federal law in the
first five months
of pregnancy, payments under this subdivision shall not apply to
persons eligible under subdivision (a), except for the month in which
birth is anticipated and for the three-month period immediately
prior to the month in which delivery is anticipated, if the woman and
child, if born, would have qualified for aid under this chapter.
(d) For children receiving AFDC-FC under this chapter, there shall
be paid, exclusive of any amount considered exempt as income, an
amount of aid each month that, when added to the child's income, is
equal to the rate specified in Section 11460, 11461, 11462, 11462.1,
or 11463. In addition, the child shall be eligible for special needs,
as specified in departmental regulations.
(e) In addition to the amounts payable under subdivision (a) and
Section 11453.1, a family shall be entitled to receive an allowance
for recurring special needs not common to a majority of recipients.
These recurring special needs shall include, but not be limited to,
special diets upon the recommendation of a physician for
circumstances other than pregnancy, and unusual costs of
transportation, laundry, housekeeping services, telephone, and
utilities. The recurring special needs allowance for each family per
month shall not exceed that amount resulting from multiplying the sum
of ten dollars ($10) by the number of recipients in the family who
are eligible for assistance.
(f) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100), with
the exception of funds deposited in a restricted account described in
subdivision (a) of Section 11155.2, the family shall also be
entitled to receive an allowance for nonrecurring special needs.
(1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for emergency
housing needs other than those needs addressed by paragraph (2).
These needs shall be caused by sudden and unusual circumstances
beyond the control of the needy family. The department shall
establish the allowance for each of the nonrecurring special needs
items. The sum of all nonrecurring special needs provided by this
subdivision shall not exceed six hundred dollars ($600) per event.
(2) (A) Homeless assistance is available to a homeless family
seeking shelter when the family is eligible for aid under this
chapter. Homeless assistance for temporary shelter is also available
to homeless families that are apparently eligible for aid under this
chapter. Apparent eligibility exists when evidence presented by the
applicant, or that is otherwise available to the county welfare
department, and the information provided on the application documents
indicate that there would be eligibility for aid under this chapter
if the evidence and information were verified. However, an alien
applicant who does not provide verification of his or her eligible
alien status, or a woman with no eligible children who does not
provide medical verification of pregnancy, is not apparently eligible
for purposes of this section.
(B) A family is considered homeless, for the purpose of this
section, when the family lacks a fixed and regular nighttime
residence; or the family has a primary nighttime residence that is a
supervised publicly or privately operated shelter designed to provide
temporary living accommodations; or the family is residing in a
public or private place not designed for, or ordinarily used as, a
regular sleeping accommodation for human beings. A family is also
considered homeless for the purpose of this section if the family has
received a notice to pay rent or quit. The family shall demonstrate
that the eviction is the result of a verified financial hardship as a
result of extraordinary circumstances beyond their control, and not
other lease or rental violations, and that the family is experiencing
a financial crisis that could result in homelessness if preventative
assistance is not provided.
(3) (A) (i) A nonrecurring special needs benefit of sixty-five
dollars ($65) a day shall be available to families of up to four
members for the costs of temporary shelter, subject to the
requirements of this paragraph. The fifth and additional members of
the family shall each receive fifteen dollars ($15) per day, up to a
daily maximum of one hundred twenty-five dollars ($125). County
welfare departments may increase the daily amount available for
temporary shelter as necessary to secure the additional bedspace
needed by the family.
(ii) This special needs benefit shall be granted or denied
immediately upon the family's application for homeless assistance,
and benefits shall be available for up to three working days. The
county welfare department shall verify the family's homelessness
within the first three working days and if the family meets the
criteria of questionable homelessness established by the department,
the county welfare department shall refer the family to its early
fraud prevention and detection unit, if the county has such a unit,
for assistance in the verification of homelessness within this
period.
(iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
days. This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing which
shall be documented on a housing search form, good cause, or other
circumstances defined by the department. Documentation of a housing
search shall be required for the initial extension of benefits beyond
the three-day limit and on a weekly basis thereafter as long as the
family is receiving temporary shelter benefits. Good cause shall
include, but is not limited to, situations in which the county
welfare department has determined that the family, to the extent it
is capable, has made a good faith but unsuccessful effort to secure
permanent housing while receiving temporary shelter benefits.
(B) (i) A nonrecurring special needs benefit for permanent housing
assistance is available to pay for last month's rent and security
deposits when these payments are reasonable conditions of securing a
residence, or to pay for up to two months of rent arrearages, when
these payments are a reasonable condition of preventing eviction.
(ii) The last month's rent or monthly arrearage portion of the
payment (I) shall not exceed 80 percent of the family's total monthly
household income without the value of CalFresh benefits or special
needs benefit for a family of that size and (II) shall only be made
to families that have found permanent housing costing no more than 80
percent of the family's total monthly household income without the
value of CalFresh benefits or special needs benefit for a family of
that size.
(iii) However, if the county welfare department determines that a
family intends to reside with individuals who will be sharing housing
costs, the county welfare department shall, in appropriate
circumstances, set aside the condition specified in subclause (II) of
clause (ii).
(C) The nonrecurring special needs benefit for permanent housing
assistance is also available to cover the standard costs of deposits
for utilities which are necessary for the health and safety of the
family.
(D) A payment for or denial of permanent housing assistance shall
be issued no later than one working day from the time that a family
presents evidence of the availability of permanent housing. If an
applicant family provides evidence of the availability of permanent
housing before the county welfare department has established
eligibility for aid under this chapter, the county welfare department
shall complete the eligibility determination so that the denial of
or payment for permanent housing assistance is issued within one
working day from the submission of evidence of the availability of
permanent housing, unless the family has failed to provide all of the
verification necessary to establish eligibility for aid under this
chapter.
(E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to one period
of up to 16 consecutive calendar days of temporary assistance and one
payment of permanent assistance. Any family that includes a parent
or nonparent caretaker relative living in the home who has previously
received temporary or permanent homeless assistance at any time on
behalf of an eligible child shall not be eligible for further
homeless assistance. Any person who applies for homeless assistance
benefits shall be informed that the temporary shelter benefit of up
to 16 consecutive days is available only once in a lifetime, with
certain exceptions, and that a break in the consecutive use of the
benefit constitutes permanent exhaustion of the temporary benefit.
(ii) A family that becomes homeless as a direct and primary result
of a state or federally declared natural disaster shall be eligible
for temporary and permanent homeless assistance.
(iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of domestic
violence by a spouse, partner, or roommate; physical or mental
illness that is medically verified that shall not include a diagnosis
of alcoholism, drug addiction, or psychological stress; or the
uninhabitability of the former residence caused by sudden and unusual
circumstances beyond the control of the family including natural
catastrophe, fire, or condemnation. These circumstances shall be
verified by a third-party governmental or private health and human
services agency, except that domestic violence may also be verified
by a sworn statement by the victim, as provided under Section
11495.25. Homeless assistance payments based on these specific
circumstances may not be received more often than once in any
12-month period. In addition, if the domestic violence is verified by
a sworn statement by the victim, the homeless assistance payments
shall be limited to two periods of not more than 16 consecutive
calendar days of temporary assistance and two payments of permanent
assistance. A county may require that a recipient of homeless
assistance benefits who qualifies under this paragraph for a second
time in a 24-month period participate in a homelessness avoidance
case plan as a condition of eligibility for homeless assistance
benefits. The county welfare department shall immediately inform
recipients who verify domestic violence by a sworn statement of the
availability of domestic violence counseling and services, and refer
those recipients to services upon request.
(iv) If a county requires a recipient who verifies domestic
violence by a sworn statement to participate in a homelessness
avoidance case plan pursuant to clause (iii), the plan shall include
the provision of domestic violence services, if appropriate.
(v) If a recipient seeking homeless assistance based on domestic
violence pursuant to clause (iii) has previously received homeless
avoidance services based on domestic violence, the county shall
review whether services were offered to the recipient and consider
what additional services would assist the recipient in leaving the
domestic violence situation.
(vi) The county welfare department shall report necessary data to
the department through a statewide homeless assistance payment
indicator system, as requested by the department, regarding all
recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities
participating in the costs of the CalWORKs program, have the right in
their share to any refunds resulting from payment of the permanent
housing. However, if an emergency requires the family to move within
the 12-month period specified in subparagraph (E), the family shall
be allowed to use any refunds received from its deposits to meet the
costs of moving to another residence.
(G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.
(H) The daily amount for the temporary shelter special needs
benefit for homeless assistance may be increased if authorized by the
current year's Budget Act by specifying a different daily allowance
and appropriating the funds therefor.
(I) No payment shall be made pursuant to this paragraph unless the
provider of housing is a commercial establishment, shelter, or
person in the business of renting properties who has a history of
renting properties.
(g) The department shall establish rules and regulations ensuring
the uniform statewide application of this section.
(h) The department shall notify all applicants and recipients of
aid through the standardized application form that these benefits are
available and shall provide an opportunity for recipients to apply
for the funds quickly and efficiently.
(i) (A) Except for the purposes of Section 15200, the amounts
payable to recipients pursuant to Section 11453.1 shall not
constitute part of the payment schedule set forth in subdivision (a).
(B) The amounts payable to recipients pursuant to Section 11453.1
shall not constitute income to recipients of aid under this section.
(j) For children receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385) there shall be paid, exclusive of any amount
considered exempt as income, an amount of aid each month, which, when
added to the child's income, is equal to the rate specified in
Sections 11364 and 11387.
(k) (1) A county shall implement the semiannual reporting
requirements in accordance with Chapter 501 of the Statutes of 2011
no later than October 1, 2013.
(2) Upon completion of the implementation described in paragraph
(1), each county shall provide a certificate to the director
certifying that semiannual reporting has been implemented in the
county.
(3) Upon filing the certificate described in paragraph (2), a
county shall comply with the semiannual reporting provisions of this
section.
( l ) This section shall become operative on
July 1, 2015.
(m) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 16. Section 11450 is added to the Welfare
and Institutions Code, to read:
11450. (a) (1) (A) Aid shall be paid for each needy family, which
shall include all eligible brothers and sisters of each eligible
applicant or recipient child and the parents of the children, but
shall not include unborn children, or recipients of aid under Chapter
3 (commencing with Section 12000), qualified for aid under this
chapter. In determining the amount of aid paid, and notwithstanding
the minimum basic standards of adequate care specified in Section
11452, the family's income, exclusive of any amounts considered
exempt as income or paid pursuant to subdivision (e) or Section
11453.1, determined for the prospective semiannual period pursuant to
Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant
to Section 11451.5, shall be deducted from the sum specified in the
following table, as adjusted for cost-of-living increases pursuant to
Section 11453 and paragraph (2). In no case shall the amount of aid
paid for each month exceed the sum specified in the following table,
as adjusted for cost-of-living increases pursuant to Section 11453
and paragraph (2), plus any special needs, as specified in
subdivisions (c), (e), and (f):
Number
of
eligible
needy
persons
in Maximum
the same home aid
1.............................. $ 326
2.............................. 535
3.............................. 663
4.............................. 788
5.............................. 899
6.............................. 1,010
7.............................. 1,109
8.............................. 1,209
9.............................. 1,306
10 or more...................... 1,403
(B) If, when, and during those times that the United States
government increases or decreases its contributions in assistance of
needy children in this state above or below the amount paid on July
1, 1972, the amounts specified in the above table shall be increased
or decreased by an amount equal to that increase or decrease by the
United States government, provided that no increase or decrease shall
be subject to subsequent adjustment pursuant to Section 11453.
(2) The sums specified in paragraph (1) shall not be adjusted for
cost of living for the 1990-91, 1991-92, 1992-93, 1993-94, 1994-95,
1995-96, 1996-97, and 1997-98 fiscal years, and through October 31,
1998, nor shall that amount be included in the base for calculating
any cost-of-living increases for any fiscal year thereafter.
Elimination of the cost-of-living adjustment pursuant to this
paragraph shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
(b) (1) When the family does not include a needy child qualified
for aid under this chapter, aid shall be paid to a pregnant child who
is 18 years of age or younger at any time after verification of
pregnancy, in the amount that would otherwise be paid to one person,
as specified in subdivision (a), if the child and her child, if born,
would have qualified for aid under this chapter. Verification of
pregnancy shall be required as a condition of eligibility for aid
under this subdivision.
(2) Notwithstanding paragraph (1), when the family does not
include a needy child qualified for aid under this chapter, aid shall
be paid to a pregnant woman for the month in which the birth is
anticipated and for the six-month period immediately prior to the
month in which the birth is anticipated, in the amount that would
otherwise be paid to one person, as specified in subdivision (a), if
the woman and child, if born, would have qualified for aid under this
chapter. Verification of pregnancy shall be required as a condition
of eligibility for aid under this subdivision.
(3) Paragraph (1) shall apply only when the Cal-Learn Program is
operative.
(c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant women qualified for aid under subdivision (a) or (b)
to meet special needs resulting from pregnancy if the woman and
child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants, and
Children program. If that payment to pregnant women qualified for aid
under subdivision (a) is considered income under federal law in the
first five months of pregnancy, payments under this subdivision shall
not apply to persons eligible under subdivision (a), except for the
month in which birth is anticipated and for the three-month period
immediately prior to the month in which delivery is anticipated, if
the woman and child, if born, would have qualified for aid under this
chapter.
(d) For children receiving AFDC-FC under this chapter, there shall
be paid, exclusive of any amount considered exempt as income, an
amount of aid each month that, when added to the child's income, is
equal to the rate specified in Section 11460, 11461, 11462, 11462.1,
or 11463. In addition, the child shall be eligible for special needs,
as specified in departmental regulations.
(e) In addition to the amounts payable under subdivision (a) and
Section 11453.1, a family shall be entitled to receive an allowance
for recurring special needs not common to a majority of recipients.
These recurring special needs shall include, but not be limited to,
special diets upon the recommendation of a physician for
circumstances other than pregnancy, and unusual costs of
transportation, laundry, housekeeping services, telephone, and
utilities. The recurring special needs allowance for each family per
month shall not exceed that amount resulting from multiplying the sum
of ten dollars ($10) by the number of recipients in the family who
are eligible for assistance.
(f) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100), with
the exception of funds deposited in a restricted account described in
subdivision (a) of Section 11155.2, the family shall also be
entitled to receive an allowance for nonrecurring special needs.
(1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for emergency
housing needs other than those needs addressed by paragraph (2).
These needs shall be caused by sudden and unusual circumstances
beyond the control of the needy family. The department shall
establish the allowance for each of the nonrecurring special needs
items. The sum of all nonrecurring special needs provided by this
subdivision shall not exceed six hundred dollars ($600) per event.
(2) (A) Homeless assistance is available to a homeless family
seeking shelter when the family is eligible for aid under this
chapter. Homeless assistance for temporary shelter is also available
to homeless families that are apparently eligible for aid under this
chapter. Apparent eligibility exists when evidence presented by the
applicant, or that is otherwise available to the county welfare
department, and the information provided on the application documents
indicate that there would be eligibility for aid under this chapter
if the evidence and information were verified. However, an alien
applicant who does not provide verification of his or her eligible
alien status, or a woman with no eligible children who does not
provide medical verification of pregnancy, is not apparently eligible
for purposes of this section.
(B) A family is considered homeless, for the purpose of this
section, when the family lacks a fixed and regular nighttime
residence; or the family has a primary nighttime residence that is a
supervised publicly or privately operated shelter designed to provide
temporary living accommodations; or the family is residing in a
public or private place not designed for, or ordinarily used as, a
regular sleeping accommodation for human beings. A family is also
considered homeless for the purpose of this section if the family has
received a notice to pay rent or quit. The family shall demonstrate
that the eviction is the result of a verified financial hardship as a
result of extraordinary circumstances beyond their control, and not
other lease or rental violations, and that the family is experiencing
a financial crisis that could result in homelessness if preventative
assistance is not provided.
(3) (A) (i) A nonrecurring special needs benefit of sixty-five
dollars ($65) a day shall be available to families of up to four
members for the costs of temporary shelter, subject to the
requirements of this paragraph. The fifth and additional members of
the family shall each
receive fifteen dollars ($15) per day, up to a daily maximum of one
hundred twenty-five dollars ($125). County welfare departments may
increase the daily amount available for temporary shelter as
necessary to secure the additional bedspace needed by the family.
(ii) This special needs benefit shall be granted or denied
immediately upon the family's application for homeless assistance,
and benefits shall be available for up to three working days. The
county welfare department shall verify the family's homelessness
within the first three working days and if the family meets the
criteria of questionable homelessness established by the department,
the county welfare department shall refer the family to its early
fraud prevention and detection unit, if the county has such a unit,
for assistance in the verification of homelessness within this
period.
(iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
days. This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing which
shall be documented on a housing search form, good cause, or other
circumstances defined by the department. Documentation of a housing
search shall be required for the initial extension of benefits beyond
the three-day limit and on a weekly basis thereafter as long as the
family is receiving temporary shelter benefits. Good cause shall
include, but is not limited to, situations in which the county
welfare department has determined that the family, to the extent it
is capable, has made a good faith but unsuccessful effort to secure
permanent housing while receiving temporary shelter benefits.
(B) (i) A nonrecurring special needs benefit for permanent housing
assistance is available to pay for last month's rent and security
deposits when these payments are reasonable conditions of securing a
residence, or to pay for up to two months of rent arrearages, when
these payments are a reasonable condition of preventing eviction.
(ii) The last month's rent or monthly arrearage portion of the
payment (I) shall not exceed 80 percent of the family's total monthly
household income without the value of CalFresh benefits or special
needs benefit for a family of that size and (II) shall only be made
to families that have found permanent housing costing no more than 80
percent of the family's total monthly household income without the
value of CalFresh benefits or special needs benefit for a family of
that size.
(iii) However, if the county welfare department determines that a
family intends to reside with individuals who will be sharing housing
costs, the county welfare department shall, in appropriate
circumstances, set aside the condition specified in subclause (II) of
clause (ii).
(C) The nonrecurring special needs benefit for permanent housing
assistance is also available to cover the standard costs of deposits
for utilities which are necessary for the health and safety of the
family.
(D) A payment for or denial of permanent housing assistance shall
be issued no later than one working day from the time that a family
presents evidence of the availability of permanent housing. If an
applicant family provides evidence of the availability of permanent
housing before the county welfare department has established
eligibility for aid under this chapter, the county welfare department
shall complete the eligibility determination so that the denial of
or payment for permanent housing assistance is issued within one
working day from the submission of evidence of the availability of
permanent housing, unless the family has failed to provide all of the
verification necessary to establish eligibility for aid under this
chapter.
(E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to one period
of up to 16 consecutive calendar days of temporary assistance and one
payment of permanent assistance every 12 months. A person who
applies for homeless assistance benefits shall be informed that the
temporary shelter benefit of up to 16 consecutive days is available
only once every 12 months, with certain exceptions, and that a break
in the consecutive use of the benefit constitutes exhaustion of the
temporary benefit for that 12-month period.
(ii) A family that becomes homeless as a direct and primary result
of a state or federally declared natural disaster shall be eligible
for temporary and permanent homeless assistance.
(iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of domestic
violence by a spouse, partner, or roommate; physical or mental
illness that is medically verified that shall not include a diagnosis
of alcoholism, drug addiction, or psychological stress; or, the
uninhabitability of the former residence caused by sudden and unusual
circumstances beyond the control of the family including natural
catastrophe, fire, or condemnation. These circumstances shall be
verified by a third-party governmental or private health and human
services agency, except that domestic violence may also be verified
by a sworn statement by the victim, as provided under Section
11495.25. Homeless assistance payments based on these specific
circumstances may not be received more often than once in any
12-month period. In addition, if the domestic violence is verified by
a sworn statement by the victim, the homeless assistance payments
shall be limited to two periods of not more than 16 consecutive
calendar days of temporary assistance and two payments of permanent
assistance. A county may require that a recipient of homeless
assistance benefits who qualifies under this paragraph for a second
time in a 24-month period participate in a homelessness avoidance
case plan as a condition of eligibility for homeless assistance
benefits. The county welfare department shall immediately inform
recipients who verify domestic violence by a sworn statement of the
availability of domestic violence counseling and services, and refer
those recipients to services upon request.
(iv) If a county requires a recipient who verifies domestic
violence by a sworn statement to participate in a homelessness
avoidance case plan pursuant to clause (iii), the plan shall include
the provision of domestic violence services, if appropriate.
(v) If a recipient seeking homeless assistance based on domestic
violence pursuant to clause (iii) has previously received homeless
avoidance services based on domestic violence, the county shall
review whether services were offered to the recipient and consider
what additional services would assist the recipient in leaving the
domestic violence situation.
(vi) The county welfare department shall report necessary data to
the department through a statewide homeless assistance payment
indicator system, as requested by the department, regarding all
recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities
participating in the costs of the CalWORKs program, have the right in
their share to any refunds resulting from payment of the permanent
housing. However, if an emergency requires the family to move within
the 12-month period specified in subparagraph (E), the family shall
be allowed to use any refunds received from its deposits to meet the
costs of moving to another residence.
(G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.
(H) The daily amount for the temporary shelter special needs
benefit for homeless assistance may be increased if authorized by the
current year's Budget Act by specifying a different daily allowance
and appropriating the funds therefor.
(I) No payment shall be made pursuant to this paragraph unless the
provider of housing is a commercial establishment, shelter, or
person in the business of renting properties who has a history of
renting properties.
(g) The department shall establish rules and regulations ensuring
the uniform statewide application of this section.
(h) The department shall notify all applicants and recipients of
aid through the standardized application form that these benefits are
available and shall provide an opportunity for recipients to apply
for the funds quickly and efficiently.
(i) (A) Except for the purposes of Section 15200, the amounts
payable to recipients pursuant to Section 11453.1 shall not
constitute part of the payment schedule set forth in subdivision (a).
(B) The amounts payable to recipients pursuant to Section 11453.1
shall not constitute income to recipients of aid under this section.
(j) For children receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385) there shall be paid, exclusive of any amount
considered exempt as income, an amount of aid each month, which, when
added to the child's income, is equal to the rate specified in
Sections 11364 and 11387.
(k) (1) A county shall implement the semiannual reporting
requirements in accordance with Chapter 501 of the Statutes of 2011
no later than October 1, 2013.
(2) Upon completion of the implementation described in paragraph
(1), each county shall provide a certificate to the director
certifying that semiannual reporting has been implemented in the
county.
(3) Upon filing the certificate described in paragraph (2), a
county shall comply with the semiannual reporting provisions of this
section.
( l ) This section shall become operative on
January 1, 2017.
SEC. 17. Section 11450.025 of the Welfare and
Institutions Code is amended to read:
11450.025. (a) (1) Notwithstanding any other law, effective on
March 1, 2014, the maximum aid payments in effect on July 1, 2012, as
specified in subdivision (b) of Section 11450.02, shall be increased
by 5 percent.
(2) Effective April 1, 2015, the maximum aid payments in effect on
July 1, 2014, as specified in paragraph (1), shall be increased by 5
percent.
(3) Effective October 1, 2016, the maximum aid payments in effect
on July 1, 2016, as specified in paragraph (2), shall be increased by
1.43 percent.
(4) (A) Effective January 1, 2017, households eligible for aid
under this chapter shall receive an increased aid payment consistent
with the repeal of former Section 11450.04, as it read on January 1,
2016, known as the "maximum family grant rule."
(B) In recognition of the increased cost of aid payments resulting
from that repeal, moneys deposited into the Child Poverty and Family
Supplemental Support Subaccount shall be allocated to counties
pursuant to Section 17601.50 as follows:
(i) One hundred seven million forty-seven thousand dollars
($107,047,000) for January 1, 2017, to June 30, 2017, inclusive.
(ii) Two hundred twenty-three million four hundred fifty-four
thousand dollars ($223,454,000) for the 2017-18 fiscal year and for
every fiscal year thereafter.
(b) Commencing in 2014 and annually thereafter, on or before
January 10 and on or before May 14, the Director of Finance shall do
all of the following:
(1) Estimate the amount of growth revenues pursuant to subdivision
(f) of Section 17606.10 that will be deposited in the Child Poverty
and Family Supplemental Support Subaccount of the Local Revenue Fund
for the current fiscal year and the following fiscal year and the
amounts in the subaccount carried over from prior fiscal years.
(2) For the current fiscal year and the following fiscal year,
determine the total cost of providing the increases described in
subdivision (a), as well as any other increase in the maximum aid
payments subsequently provided only under this section, after
adjusting for updated projections of CalWORKs costs associated with
caseload changes, as reflected in the local assistance subvention
estimates prepared by the State Department of Social Services and
released with the annual Governor's Budget and subsequent May
Revision update.
(3) If the amount estimated in paragraph (1) plus the amount
projected to be deposited for the current fiscal year into the Child
Poverty and Family Supplemental Support Subaccount pursuant to
subparagraph (3) of subdivision (e) of Section 17600.15 is greater
than the amount determined in paragraph (2), the difference shall be
used to calculate the percentage increase to the CalWORKs maximum aid
payment standards that could be fully funded on an ongoing basis
beginning the following fiscal year.
(4) If the amount estimated in paragraph (1) plus the amount
projected to be deposited for the current fiscal year into the Child
Poverty and Family Supplemental Support Subaccount pursuant to
subparagraph (3) of subdivision (e) of Section 17600.15 is equal to
or less than the amount determined in paragraph (2), no additional
increase to the CalWORKs maximum aid payment standards shall be
provided in the following fiscal year in accordance with this
section.
(5) (A) Commencing with the 2014-15 fiscal year and for all fiscal
years thereafter, if changes to the estimated amounts determined in
paragraphs (1) or (2), or both, as of the May Revision, are enacted
as part of the final budget, the Director of Finance shall repeat,
using the same methodology used in the May Revision, the calculations
described in paragraphs (3) and (4) using the revenue projections
and grant costs assumed in the enacted budget.
(B) If a calculation is required pursuant to subparagraph (A), the
Department of Finance shall report the result of this calculation to
the appropriate policy and fiscal committees of the Legislature upon
enactment of the Budget Act.
(c) An increase in maximum aid payments calculated pursuant to
paragraph (3) of subdivision (b), or pursuant to paragraph (5) of
subdivision (b) if applicable, shall become effective on October 1 of
the following fiscal year.
(d) (1) An increase in maximum aid payments provided in accordance
with this section shall be funded with growth revenues from the
Child Poverty and Family Supplemental Support Subaccount in
accordance with paragraph (3) of subdivision (e) of Section 17600.15
and subdivision (f) of Section 17606.10, to the extent funds are
available in that subaccount.
(2) If funds received by the Child Poverty and Family Supplemental
Support Subaccount in a particular fiscal year are insufficient to
fully fund any increases to maximum aid payments made pursuant to
this section, the remaining cost for that fiscal year will be
addressed through existing provisional authority included in the
annual Budget Act. Additional increases to the maximum aid payments
shall not be provided until and unless the ongoing cumulative costs
of all prior increases provided pursuant to this section are fully
funded by the Child Poverty and Family Supplemental Support
Subaccount.
(e) Notwithstanding Section 15200, counties shall not be required
to contribute a share of the costs to cover the increases to maximum
aid payments made pursuant to this section.
SEC. 18. Section 11450.04 of the Welfare and
Institutions Code is amended to read:
11450.04. (a) For purposes of determining the maximum aid payment
specified in subdivision (a) of Section 11450 and for no other
purpose, the number of needy persons in the same family shall not be
increased for any child born into a family that has received aid
under this chapter continuously for the 10 months prior to the birth
of the child. For purposes of this section, aid shall be considered
continuous unless the family does not receive aid during two
consecutive months. This subdivision shall not apply to applicants
for, or recipients of, aid unless notification is provided pursuant
to this section.
(b) This section shall not apply with respect to any of the
following children:
(1) Any child who was conceived as a result of an act of rape, as
defined in Sections 261 and 262 of the Penal Code, if the rape was
reported to a law enforcement agency, medical or mental health
professional or social services agency prior to, or within three
months after, the birth of the child.
(2) Any child who was conceived as a result of an incestuous
relationship if the relationship was reported to a medical or mental
health professional or a law enforcement agency or social services
agency prior to, or within three months after, the birth of the
child, or if paternity has been established.
(3) Any child who was conceived as a result of contraceptive
failure if the parent was using an intrauterine device, a Norplant,
or the sterilization of either parent.
(c) This section shall not apply to any child born on or before
November 1, 1995.
(d) (1) This section shall not apply to any child to whom it would
otherwise apply if the family has not received aid for 24
consecutive months while the child was living with the family.
(2) This section shall not apply to any child conceived when
either parent was a nonneedy caretaker relative.
(3) This section shall not apply to any child who is no longer
living in the same home with either parent.
(e) One hundred percent of any child support payment received for
a child born into the family, but for whom the maximum aid payment is
not increased pursuant to this section, shall be paid to the
assistance unit. Any such child support payment shall not be
considered as income to the family for the purpose of calculating the
amount of aid for which the family is eligible under this article.
(f) Commencing January 1, 1995, each county welfare department
shall notify applicants for assistance under this chapter, in
writing, of the provisions of this section. The notification shall
also be provided to recipients of aid under this chapter, in writing,
at the time of recertification, or sooner. The notification required
by this section shall set forth the provisions of this section and
shall state explicitly the impact these provisions would have on the
future aid to the assistance unit. This section shall not apply to
any recipient's child earlier than 12 months after the mailing of an
informational notice as required by this subdivision.
(g) (1) The department shall seek all appropriate federal waivers
for the implementation of this section.
(2) The department shall implement this section commencing on the
date the Director of Social Services executes a declaration, that
shall be retained by the director, stating that the administrative
actions required by paragraph (1) as a condition of implementation of
this section have been taken by the United States Secretary of
Health and Human Services.
(h) Subdivisions (a) to (g), inclusive, shall become operative on
January 1, 1995.
(i) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 19. Section 11461.3 of the Welfare and
Institutions Code is amended to read:
11461.3. (a) The Approved Relative Caregiver Funding Option
Program is hereby established for the purpose of making the amount
paid to approved relative caregivers for the in-home care of children
placed with them who are ineligible for AFDC-FC payments equal to
the amount paid on behalf of children who are eligible for AFDC-FC
payments. This is an optional program for counties choosing to
participate, and in so doing, participating counties agree to the
terms of this section as a condition of their participation. It is
the intent of the Legislature that the funding described in paragraph
(1) of subdivision (g) for the Approved Relative Caregiver Funding
Option Program be appropriated, and available for use from January
through December of each year, unless otherwise specified.
(b) Subject to subdivision (e), effective January 1, 2015,
participating counties shall pay an approved relative caregiver a per
child per month rate in return for the care and supervision, as
defined in subdivision (b) of Section 11460, of a child that is
placed with the relative caregiver that is equal to the basic rate
paid to foster care providers pursuant to subdivision (g) of Section
11461, if both of the following conditions are met:
(1) The county with payment responsibility has notified the
department in writing by October 1 of the year before participation
begins of its decision to participate in the Approved Relative
Caregiver Funding Option Program.
(2) The related child placed in the home meets all of the
following requirements:
(A) The child resides in California.
(B) The child is described by subdivision (b), (c), or (e) of
Section 11401 and the county welfare department or the county
probation department is responsible for the placement and care of the
child.
(C) The child is not eligible for AFDC-FC while placed with the
approved relative caregiver because the child is not eligible for
federal financial participation in the AFDC-FC payment.
(c) Any income or benefits received by an eligible child or the
approved relative caregiver on behalf of the eligible child that
would be offset against the basic rate paid to a foster care provider
pursuant to subdivision (g) of Section 11461, shall be offset from
any funds that are not CalWORKs funds paid to the approved relative
caregiver pursuant to this section.
(d) Participating counties shall recoup an overpayment in the
Approved Relative Caregiver Funding Option Program received by an
approved relative caregiver using the standards and processes for
overpayment recoupment that are applicable to overpayments to an
approved home of a relative, as specified in Section 11466.24.
Recouped overpayments shall not be subject to remittance to the
federal government. Any overpaid funds that are collected by the
participating counties shall be remitted to the state after
subtracting both of the following:
(1) An amount not to exceed the county share of the CalWORKs
portion of the Approved Relative Caregiver Funding Option Program
payment, if any.
(2) Any other county funds that were included in the Approved
Relative Caregiver Funding Option Program payment.
(e) A county's election to participate in the Approved Relative
Caregiver Funding Option Program shall affirmatively indicate that
the county understands and agrees to all of the following conditions:
(1) Commencing October 1, 2014, the county shall notify the
department in writing of its decision to participate in the Approved
Relative Caregiver Funding Option Program. Failure to make timely
notification, without good cause as determined by the department,
shall preclude the county from participating in the program for the
upcoming calendar year. Annually thereafter, any county not already
participating who elects to do so shall notify the department in
writing no later than October 1 of its decision to participate for
the upcoming calendar year.
(2) The county shall confirm that it will
make per child per month payments to all approved relative caregivers
on behalf of eligible children in the amount specified in
subdivision (b) for the duration of the participation of the county
in this program.
(3) The county shall confirm that it will be solely responsible to
pay any additional costs needed to make all payments pursuant to
subdivision (b) if the state and federal funds allocated to the
Approved Relative Caregiver Funding Option Program pursuant to
paragraph (1) of subdivision(g) are insufficient to make all eligible
payments.
(f) (1) A county deciding to opt out of the Approved Relative
Caregiver Funding Option Program shall provide at least 120 days'
prior written notice of that decision to the department.
Additionally, the county shall provide at least 90 days' prior
written notice to the approved relative caregiver or caregivers
informing them that his or her per child per month payment will be
reduced and the date that the reduction will occur.
(2) The department shall presume that all counties have opted out
of the Approved Relative Caregiver Funding Option Program if the
funding appropriated for the current 12-month period is reduced below
the amount specified in subparagraph (B), subparagraph (C), or
subparagraph (D) of paragraph(2) of subdivision (g) for that 12-month
period, unless a county notifies the department in writing of its
intent to opt in within 60 days of enactment of the State Budget. The
counties shall provide at least 90 days' prior written notice to the
approved relative caregiver or caregivers informing them that his or
her per child per month payment will be reduced, and the date that
reduction will occur.
(3) Any reduction in payments received by an approved relative
caregiver on behalf of a child under this section that results from a
decision by a county, including the presumed opt-out pursuant to
paragraph (2), to not participate in the Approved Relative Caregiver
Funding Option Program shall be exempt from state hearing
jurisdiction under Section 10950.
(g) (1) The following funding shall be used for the Approved
Relative Caregiver Funding Option Program:
(A) The applicable regional per-child CalWORKs grant, in
accordance with subdivision (a) of Section 11253.4.
(B) General Fund resources, as appropriated in paragraph (2).
(C) County funds only to the extent required under paragraph (3)
of subdivision (e).
(D) Funding described in subparagraphs (A) and (B) is intended to
fully fund the base caseload of approved relative caregivers, which
is defined as the number of approved relative caregivers caring for a
child who is not eligible to receive AFDC-FC payments, as of July 1,
2014.
(2) The following amount is hereby appropriated from the General
Fund as follows:
(A) The sum of fifteen million dollars ($15,000,000), for the
period of January 1, 2015, to June 30, 2015, inclusive.
(B) For the period of July 1, 2015, to June 30, 2016, inclusive,
there shall be appropriated an amount equal to the sum of all of the
following:
(i) Two times the amount appropriated pursuant to subparagraph
(A), inclusive of any increase pursuant to paragraph (3).
(ii) The amount necessary to increase or decrease the CalWORKs
funding associated with the base caseload described in subparagraph
(D) of paragraph (1) to reflect any change from the prior fiscal year
in the applicable regional per-child CalWORKs grant described in
subparagraph (A) of paragraph (1).
(iii) The additional amount necessary to fully fund the base
caseload described in subparagraph (D) of paragraph (1), reflective
of the annual California Necessities Index increase to the basic rate
paid to foster care providers.
(C) For every 12-month period thereafter, commencing with the
period of July 1, 2016, to June 30, 2017, inclusive, the sum of all
of the following shall be appropriated for purposes of this section:
(i) The total General Fund amount provided pursuant to this
paragraph for the previous 12-month period.
(ii) The amount necessary to increase or decrease the CalWORKs
funding associated with the base caseload described in subparagraph
(D) of paragraph (1) to reflect any change from the prior fiscal year
in the applicable regional per-child CalWORKs grant described in
subparagraph (A) of paragraph (1).
(iii) The additional amount necessary to fully fund the base
caseload described in subparagraph (D) of paragraph (1), reflective
of the annual California Necessities Index increase to the basic rate
paid to foster care providers.
(D) Notwithstanding clauses (ii) and (iii) of subparagraph (B) and
clauses (ii) and (iii) of subparagraph (C), the total General Fund
appropriation made pursuant to subparagraph (B) shall not be less
than the greater of the following amounts:
(i) Thirty million dollars ($30,000,000).
(ii) Two times the amount appropriated pursuant to subparagraph
(A), inclusive of any increase pursuant to paragraph (3).
(3) To the extent that the appropriation made by subparagraph (A)
of paragraph (2) is insufficient to fully fund the base caseload of
approved relative caregivers as of July 1, 2014, as described in
subparagraph (D) of paragraph (1), for the period of January 1, 2015,
to June 30, 2015, inclusive, as jointly determined by the department
and the County Welfare Directors' Association and approved by the
Department of Finance on or before October 1, 2015, the amount
specified in subparagraph (A) of paragraph (2) shall be increased by
the amount necessary to fully fund that base caseload.
(4) Funds available pursuant to paragraph (2) shall be allocated
to participating counties proportionate to the number of their
approved relative caregiver placements, using a methodology and
timing developed by the department, following consultation with
county human services agencies and their representatives.
(5) Notwithstanding subdivision (e), if in any calendar year the
entire amount of funding appropriated by the state for the Approved
Relative Caregiver Funding Option Program has not been fully
allocated to or utilized by participating counties, a participating
county that has paid any funds pursuant to subparagraph (C) of
paragraph (1) of subdivision (g) may request reimbursement for those
funds from the department. The authority of the department to approve
the requests shall be limited by the amount of available unallocated
funds.
(h) An approved relative caregiver receiving payments on behalf of
a child pursuant to this section shall not be eligible to receive
additional CalWORKs payments on behalf of the same child under
Section 11450.
(i) To the extent permitted by federal law, payments received by
the approved relative caregiver from the Approved Relative Caregiver
Funding Option Program shall not be considered income for the purpose
of determining other public benefits.
(j) Prior to referral of any individual or recipient, or that
person's case, to the local child support agency for child support
services pursuant to Section 17415 of the Family Code, the county
human services agency shall determine if an applicant or recipient
has good cause for noncooperation, as set forth in Section 11477.04.
If the applicant or recipient claims good cause exception at any
subsequent time to the county human services agency or the local
child support agency, the local child support agency shall suspend
child support services until the county social services agency
determines the good cause claim, as set forth in Section 11477.04. If
good cause is determined to exist, the local child support agency
shall suspend child support services until the applicant or recipient
requests their resumption, and shall take other measures that are
necessary to protect the applicant or recipient and the children. If
the applicant or recipient is the parent of the child for whom aid is
sought and the parent is found to have not cooperated without good
cause as provided in Section 11477.04, the applicant's or recipient's
family grant shall be reduced by 25 percent for the time the failure
to cooperate lasts.
(k) Consistent with Section 17552 of the Family Code, if aid is
paid under this chapter on behalf of a child who is under the
jurisdiction of the juvenile court and whose parent or guardian is
receiving reunification services, the county human services agency
shall determine, prior to referral of the case to the local child
support agency for child support services, whether the referral is in
the best interest of the child, taking into account both of the
following:
(1) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent's ability to meet the requirements of the
parent's reunification plan.
(2) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent's current or future ability to meet the
financial needs of the child.
( l ) Effective January 1, 2017, if a relative
has been approved as a resource family pursuant to Section 16519.5,
the approved relative shall be paid an amount equal to the resource
family basic rate at the child's assessed level of care as set forth
in subdivision (g) of Section 11461 and Section 11463.
SEC. 20. Section 11461.4 is added to the
Welfare and Institutions Code, to read:
11461.4. (a) Notwithstanding any other law, a tribe that has
entered into an agreement pursuant to Section 10553.1 may, subject to
the provisions of this section, elect to participate in the Tribal
Approved Relative Caregiver Funding Option Program.
(b) (1) In return for the care and supervision of a child placed
with an approved relative caregiver, a participating tribe shall pay
the approved relative caregiver a per child per month rate that, when
added to the tribal Temporary Aid to Needy Families (tribal TANF)
benefit received by the approved relative caregiver on behalf of the
child, shall equal the basic rate paid to a foster care provider
pursuant to subdivision (g) of Section 11461.
(2) Payments made pursuant to paragraph (1) shall be made only if
all of the following conditions exist:
(A) The tribe has notified the department in writing of its
decision to participate in the program, consistent with subdivision
(c).
(B) The child has been removed from the parent or guardian and has
been placed into the placement and care responsibility of the tribal
child welfare agency pursuant to a voluntary placement agreement or
by the tribal court, consistent with the tribe's Title IV-E
agreement.
(C) The child resides within California.
(D) The caregiver is receiving tribal TANF payments, or an
application for tribal TANF has been made, on behalf of the child.
(E) The child is not eligible for AFDC-FC while placed with the
approved relative caregiver because the child is not eligible for
federal financial participation in the AFDC-FC payment.
(3) Any income or benefits received by an eligible child, or by
the approved relative caregiver on behalf of an eligible child, which
would be offset against a payment made to a foster care provider,
shall be offset from the amount paid by the tribe under the program.
This paragraph shall not apply to any tribal TANF payments received
on behalf of an eligible child.
(4) An approved relative caregiver receiving payments on behalf of
a child pursuant to this section shall not be eligible to receive
CalWORKs payments on behalf of the same child under Section 11450.
(5) To the extent permitted by federal law, payments received by
the approved relative caregiver from the program shall not be
considered income for the purpose of determining other public
benefits.
(c) (1) (A) A tribe electing to participate in the program in the
2016-17 fiscal year shall notify the department on or before October
1, 2016, that it intends to begin participation. Failure to make
timely notification, without good cause as determined by the
department, shall preclude the tribe from participating in the
program for the 2016-17 fiscal year.
(B) In any fiscal year after the 2016-17 fiscal year, a tribe
electing to participate in the program shall notify the department on
or before January 1 that it intends to begin participation on or
after the following July 1. Failure to make timely notification,
without good cause as determined by the department, shall preclude
the tribe from participating in the program for the upcoming fiscal
year.
(2) As a condition of opting into the program, the tribe shall do
all of the following:
(A) Provide to the department the tribal TANF maximum aid payment
(MAP) rate in effect at the time that the tribe elects to participate
in the program, consistent with the tribe's approved tribal TANF
plan.
(B) Provide data necessary, as determined by the department in
consultation with the tribe, to determine the base caseload for the
tribe as of July 1, 2016, consistent with subdivision (d).
(C) Agree to recoup overpayments to an approved relative caregiver
utilizing the standards for determining whether an overpayment is
recoupable, and the processes for overpayment recoupment, that are
applicable to overpayments as described in the tribe's Title IV-E
agreement entered into pursuant to Section 10553.1.
(D) Agree that the tribe shall be solely responsible for any
additional costs incurred in making payments under this section in
the event that the funds allocated to a tribe from the appropriation
made by the Legislature for the tribe's participation in the program
are not sufficient to fully fund all payments specified in paragraph
(1) of subdivision (b).
(E) Agree to make child support referrals for program cases,
consistent with processes applied by the tribe to Title IV-E program
cases.
(3) The participating tribe shall provide the information
specified in subparagraphs (A) and (B) of paragraph (2) at least 60
days prior to the date the tribe will begin participating in the
program.
(d) (1) In consultation with the participating tribe, the
department shall determine the initial base caseload of the
participating tribe, using the most recent available data provided by
the tribe.
(2) The department shall determine the amount necessary to fund
the base caseload of the participating tribe. The allocation
methodology shall consider the tribal TANF rate of the participating
tribe in effect on July 1, 2016.
(e) (1) A tribe electing to opt out of the program shall provide
at least 120 days' prior written notice of that election to the
department and at least 90 days' prior written notice to all approved
relative caregivers to whom the tribe is making payments under the
program. The notice to caregivers shall specify the date on which the
per child per month payment will be reduced and the date the tribe's
participation in the program will cease.
(2) If the Legislature, for any given fiscal year, appropriates an
amount less than that specified in paragraph (2) of subdivision (f),
the department shall presume that all participating tribes have
opted out of the program for that fiscal year unless a tribe notifies
the department in writing of its intent to opt in within 60 days of
the enactment of the annual Budget Act. A tribe that does not elect
to continue participating in the program shall provide the notice to
caregivers specified in paragraph (1).
(3) A tribe that has opted out of the program for any reason may
resume participating in the program on July 1 of any year, upon
providing the department with written notice on or before the
preceding March 1 of its intent to resume participation.
(f) (1) (A) The following funding shall be used for the program:
(i) The tribe's applicable per-child tribal TANF grant at the MAP
rate in effect on July 1, 2016.
(ii) General Fund resources, as specified in paragraph (2).
(iii) Tribal funds only to the extent required under subparagraph
(D) of paragraph (2) of subdivision (c).
(B) Funding described in clauses (i) and (ii) of subparagraph (A)
is intended to fully fund the base caseload of approved relative
caregivers, which is defined as the number of approved relative
caregivers caring for a child who is not eligible to receive AFDC-FC
payments as of July 1, 2016.
(2) The following amounts are hereby appropriated from the General
Fund:
(A) For the 2016-17 fiscal year, the sum sufficient to fund the
initial base caseload, as determined in subdivision (d), for tribes
eligible for participation as of July 1, 2016.
(B) For the 2017-18 fiscal year, and every fiscal year thereafter,
the sum of the following:
(i) The total General Fund amount appropriated for the purposes of
this section for the previous fiscal year.
(ii) The additional amount necessary to fully fund the base
caseload described in subparagraph (B) of paragraph (1), reflective
of the annual California Necessities Index increase to the basic rate
paid to foster care providers pursuant to subdivision (g) of Section
11461.
(3) Funds specified in paragraph (2) shall be allocated to
participating tribes proportionate to their number of approved
relative caregiver placements, using a methodology and timing
developed by the department, following consultation with
participating tribes.
(4) Notwithstanding subdivision (c), if in any fiscal year the
entire amount of funding appropriated by the Legislature for the
program has not been fully allocated to, or utilized by,
participating tribes, a participating tribe that has paid any funds
pursuant to subparagraph (D) of paragraph (2) of subdivision (c) may
request reimbursement for those funds from the department. The
authority of the department to approve the requests shall be limited
by the amount of available unallocated funds.
(g) If more than two eligible tribes elect to participate in the
program and, as a result, the appropriation made pursuant to
subdivision (f) is insufficient to fully fund the base caseload of
approved relative caregivers, as jointly determined by the department
and the participating tribes and approved by the Department of
Finance, the amount specified in subdivision (f) shall be increased
by the amount necessary to fully fund that base caseload.
(h) For the purposes of this section, the following definitions
apply:
(1) "Basic foster care rate" means the monthly rate paid to foster
care providers pursuant to subdivision (g) of Section 11461.
(2) "Program" means the Tribal Approved Relative Caregiver Funding
Option Program established in this section.
(3) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," or "grand," or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution, or as otherwise established consistent with
the tribe's Title IV-E agreement.
(4) "Tribe" means a federally-recognized Indian tribe, consortium
of tribes, or tribal organization with an agreement pursuant to
Section 10553.1.
SEC. 21. Section 11465 of the Welfare and
Institutions Code is amended to read:
11465. (a) When a child is living with a parent who receives
AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf
of the parent shall include an amount for care and supervision of the
child.
(b) For each category of eligible licensed community care
facility, as defined in Section 1502 of the Health and Safety Code,
the department shall adopt regulations setting forth a uniform rate
to cover the cost of care and supervision of the child in each
category of eligible licensed community care facility.
(c) (1) On and after July 1, 1998, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section
shall be increased by 6 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new uniform rate.
(2) (A) On and after July 1, 1999, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section
shall be adjusted by an amount equal to the California Necessities
Index computed pursuant to Section 11453, rounded to the nearest
dollar. The resultant amounts shall constitute the new uniform rate,
subject to further adjustment pursuant to subparagraph (B).
(B) In addition to the adjustment specified in subparagraph (A),
on and after January 1, 2000, the uniform rate to cover the cost of
care and supervision of a child pursuant to this section shall be
increased by 2.36 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new uniform rate.
(3) Subject to the availability of funds, for the 2000-01 fiscal
year and annually thereafter, these rates shall be adjusted for cost
of living pursuant to procedures in Section 11453.
(4) On and after January 1, 2008, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section
shall be increased by 5 percent, rounded to the nearest dollar. The
resulting amount shall constitute the new uniform rate.
(5) Commencing July 1, 2016, the uniform rate to cover the cost of
care and supervision of a child pursuant to this section shall be
supplemented by an additional monthly amount of four hundred
eighty-nine dollars ($489). This monthly supplement shall only be
provided if funding for this purpose is appropriated in the annual
Budget Act.
(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the
payment made pursuant to this section for care and supervision of a
child who is living with a teen parent in a whole family foster home,
as defined in Section 11400, shall equal the basic rate for children
placed in a licensed or approved home as specified in subdivisions
(a) to (d), inclusive, and subdivision (g), of Section 11461.
(2) (A) The amount paid for care and supervision of a dependent
infant living with a dependent teen parent receiving AFDC-FC benefits
in a group home placement shall equal the infant supplement rate for
group home placements.
(B) Commencing January 1, 2017, the amount paid for care and
supervision of a dependent infant living with a dependent teenage
parent receiving AFDC-FC benefits in a short-term residential
treatment center shall equal the infant supplement rate for
short-term residential treatment centers established by the
department.
(3) (A) The caregiver shall provide the county child welfare
agency or probation department with a copy of the shared
responsibility plan developed pursuant to Section 16501.25 and shall
advise the county child welfare agency or probation department of any
subsequent changes to the plan. Once the plan has been completed and
provided to the appropriate agencies, the payment made pursuant to
this section shall be increased by an additional two hundred dollars
($200) per month to reflect the increased care and supervision while
he or she is placed in the whole family foster home.
(B) A nonminor
dependent parent residing in a supervised independent living
placement, as defined in subdivision (w) of Section 11400, who
develops a written parenting support plan pursuant to Section
16501.26 shall provide the county child welfare agency or probation
department with a copy of the plan and shall advise the county child
welfare agency or probation department of any subsequent changes to
the plan. The payment made pursuant to this section shall be
increased by an additional two hundred dollars ($200) per month after
all of the following have been satisfied:
(i) The plan has been completed and provided to the appropriate
county agency.
(ii) The plan has been approved by the appropriate county agency.
(iii) The county agency has determined that the identified
responsible adult meets the criteria specified in Section 16501.27.
(4) In a year in which the payment provided pursuant to this
section is adjusted for the cost of living as provided in paragraph
(1) of subdivision (c), the payments provided for in this subdivision
shall also be increased by the same procedures.
(5) A Kin-GAP relative who, immediately prior to entering the
Kin-GAP program, was designated as a whole family foster home shall
receive the same payment amounts for the care and supervision of a
child who is living with a teen parent they received in foster care
as a whole family foster home.
(6) On and after January 1, 2012, the rate paid for a child living
with a teen parent in a whole family foster home as defined in
Section 11400 shall also be paid for a child living with a nonminor
dependent parent who is eligible to receive AFDC-FC or Kin-GAP
pursuant to Section 11403.
SEC. 22. Section 12201.06 is added to the
Welfare and Institutions Code, immediately following Section
12201.05, to read:
12201.06. Commencing January 1, 2017, the amount of aid paid
pursuant to this article, in effect on December 31, 2016, less the
federal benefit portion received under Part A of Title XVI of the
federal Social Security Act, shall be increased by 2.76 percent.
SEC. 23. Section 12301.02 of the Welfare and
Institutions Code is amended to read:
12301.02. (a) (1) Notwithstanding any other law, except as
provided in subdivisions (c) and (e), the department shall implement
a 7-percent reduction in hours of service to each recipient of
services under this article, which shall be applied to the recipient'
s hours as authorized pursuant to the most recent assessment. This
reduction shall become effective 12 months after the implementation
of the reduction set forth in Section 12301.01. The reduction
required by this section shall not preclude any reassessment to which
a recipient would otherwise be entitled. However, hours authorized
pursuant to a reassessment shall be subject to the 7-percent
reduction required by this section.
(2) A request for reassessment based only on the reduction
required in paragraph (1) may be administratively denied by the
county.
(3) A recipient of services under this article may direct the
manner in which the reduction of hours is applied to the recipient's
previously authorized services.
(4) For those individuals who have a documented unmet need,
excluding protective supervision because of the limitations on
authorized hours under Section 12303.4, the reduction shall be taken
first from the documented unmet need.
(b) The notice of action informing the recipient of the reduction
pursuant to subdivision (a) shall be mailed at least 20 days prior to
the reduction going into effect. The notice of action shall be
understandable to the recipient and translated into all languages
spoken by a substantial number of the public served by the In-Home
Supportive Services program, in accordance with Section 7295.2 of the
Government Code. The notice shall not contain any recipient
financial or confidential identifying information other than the
recipient's name, address, and Case Management Information and
Payroll System (CMIPS) client identification number, and shall
include, but not be limited to, all of the following information:
(1) The aggregate number of authorized hours before the reduction
pursuant to subdivision (a) and the aggregate number of authorized
hours after the reduction.
(2) That the recipient may direct the manner in which the
reduction of authorized hours is applied to the recipient's
previously authorized services.
(3) A county shall assess a recipient's need for supportive
services any time that the recipient notifies the county of a need to
adjust the supportive services hours authorized, or when there are
other indications or expectations of a change in circumstances
affecting the recipient's need for supportive services. Counties
shall not require recipients to submit a medical certification form
or a doctor's note to show evidence of a change in the recipient's
circumstances.
(c) A recipient shall have all appeal rights otherwise provided
for under Chapter 7 (commencing with Section 10950) of Part 2.
(d) The reduction specified in paragraph (1) of subdivision (a)
shall be ongoing and may be adjusted pursuant to Section 12301.03.
(e) (1) The reduction specified in paragraph (1) of subdivision
(a) shall be suspended until July 1, 2019, if the managed care
organization provider tax imposed pursuant to Article 6.7 (commencing
with Section 14199.50) of Chapter 7 remains operative.
(2) Notwithstanding paragraph (1), if the managed care
organization provider tax imposed pursuant to Article 6.7 (commencing
with Section 14199.50) of Chapter 7 ceases to be operative for any
reason, the reduction specified in paragraph (1) of subdivision (a)
shall be reinstated effective no later than the first day of the
first full month occurring 90 days after the date on which the
managed care organization provider tax ceases to be operative.
(3) Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the department may implement this subdivision
through an all-county letter or similar instructions from the
director until January 1, 2020.
SEC. 24. Section 15200 of the Welfare and
Institutions Code is amended to read:
15200. There is hereby appropriated out of any money in the State
Treasury not otherwise appropriated the following sums:
(a) To each county for the support and maintenance of needy
children, the sums specified in subdivisions (a), (e), and (f) of
Section 11450, after subtracting all the following amounts:
(1) (A) Except as described in subparagraph (B), a 2.5-percent
county share of cost.
(B) If Section 1613 of Title 8 of the United States Code applies,
a 5-percent county share of cost.
(C) The county share described in this paragraph shall not apply
to increases in maximum aid payments made in accordance with Section
11450.025.
(2) Federal funds utilized for this purpose.
(3) The amount allocated to each county from the Family Support
Subaccount pursuant to Section 17601.75.
(4) The amount allocated to each county from the Child Poverty and
Family Supplemental Support Subaccount pursuant to Section 17601.50.
(5) The amount allocated to each county from the CalWORKs
Maintenance of Effort Subaccount pursuant to Section 17601.25.
(b) To each county for the support and maintenance of pregnant
mothers, the sums specified in subdivisions (b) and (c) of Section
11450 after subtracting all of the following amounts:
(1) (A) Except as described in subparagraph (B), a 2.5-percent
county share of cost.
(B) If Section 1613 of Title 8 of the United States Code applies,
a 5-percent county share of cost.
(C) The county share described in this paragraph shall not apply
to increases in maximum aid payments made in accordance with Section
11450.025.
(2) Federal funds utilized for this purpose.
(3) The amount allocated to each county from the Family Support
Subaccount pursuant to Section 17601.75.
(4) The amount allocated to each county from the Child Poverty and
Family Supplemental Support Subaccount pursuant to Section 17601.50.
(5) The amount allocated to each county from the CalWORKs
Maintenance of Effort Subaccount pursuant to Section 17601.25.
(c) After deducting federal funds available for the adequate care
of each child pursuant to subdivision (d) of Section 11450, as
follows:
(1) Prior to the 2011-12 fiscal year, an amount equal to 40
percent of the sum necessary for the adequate care of each child.
(2) Notwithstanding paragraph (1), beginning in the 2011-12 fiscal
year, and for each fiscal year thereafter, funding and expenditures
for programs and activities under this subdivision shall be in
accordance with the requirements provided in Sections 30025 and
30026.5 of the Government Code.
(d) (1) Prior to the 2011-12 fiscal year for each county for the
support and care of hard-to-place adoptive children, and after
deducting federal funds available, 75 percent of the nonfederal share
of the amount specified in Section 16121.
(2) Notwithstanding paragraph (1), beginning in the 2011-12 fiscal
year, and for each fiscal year thereafter, funding and expenditures
for programs and activities under this subdivision shall be in
accordance with the requirements provided in Sections 30025 and
30026.5 of the Government Code.
SEC. 25. Section 15200.15 of the Welfare and
Institutions Code is repealed.
SEC. 26. Section 16501.9 is added to the
Welfare and Institutions Code, to read:
16501.9. (a) (1) The Legislature hereby finds and declares the
Child Welfare Services-New System (CWS-NS) is the most important
system in the state for child welfare services staff to ensure the
safety and well-being of California's children. The State of
California has embarked upon on an agile procurement of the CWS-NS.
(2) The Legislature further finds and declares that this approach
requires significant engagement with the end user throughout the life
of the system, including the county human services agencies and
child welfare services and probation staff.
(b) (1) The State Department of Social Services and the Office of
Systems Integration (OSI), in collaboration with the County Welfare
Directors Association (CWDA), shall seek resources to enable the
necessary level of engagement by the counties in the CWS-NS agile
development and maintenance process to prevent the disruption of
services to families and children at risk. This shall include, but
not be limited to, timely and expeditious execution of contracts and
contract amendments for participation in this effort, effective
monitoring and evaluation of the CWS-NS effort, and implementation of
mitigation strategies for risks and issues arising in the
procurement, development, implementation, or operation of digital
services pursuant to this section.
(2) The department and OSI shall provide a voting seat on all
governance bodies of the CWS-NS for a CWDA representative and shall
support and provide necessary accommodation for the stationing of
county representatives at the project site.
(3) The department and OSI shall continue to provide monthly
updates to the Legislature and to stakeholders, including CWDA,
regarding efforts to develop and implement the CWS-NS. The updates
shall include, but not be limited to, (A) the vacancy rate, the
duration of each vacant position and its classification, and the
status of efforts to fill the position, (B) challenges with
recruiting and retaining qualified staff and a description of efforts
to resolve the issues, (C) challenges with procurement, including
any delays, and a description of efforts to resolve the issues, (D)
any issues or risks, including, but not limited to, pending state and
federal approvals and impacts on county child welfare programs that
may jeopardize the project's completion or result in delays relative
to the approved project schedule, budget, and scope, and (E) progress
on the project, by digital service (module) along with a description
of each digital service, and projected completion dates for any
significant upcoming project milestones. Following the effective date
of this section, a list of newly executed contracts, their purpose,
and amounts shall be added to the monthly update.
(4) The department and OSI, in coordination with CWDA and the
Department of Technology, shall convene a regularly scheduled
quarterly forum to provide project updates to stakeholders and
legislative staff. These forums shall include updates on (A) the
progress of the CWS-NS development and implementation, (B)
expenditures incurred to date, (C) significant issues and risks
overcome in the last quarter and significant issues and risks
presently being addressed, (D) upcoming project milestones and
significant events, (E) how the agile approach has affected the
project's overall cost and schedule, (F) how the Department of
Technology's approval and oversight processes are being applied to
the agile implementation approach, and (G) how lessons learned from
the agile implementation of the CWS-NS project can be leveraged by
other state IT projects.
(c) The existing Child Welfare Services Case Management System
(CWS/CMS) operations and functionality shall be maintained at a level
at least commensurate with its December 2015 status and shall not be
decommissioned prior to the full statewide implementation of the
CWS-NS in all counties. Full statewide implementation is defined as
after all existing CWS/CMS functionality has been replaced in CWS-NS
and has been implemented in all 58 counties for a minimum of six
months with no significant (noncosmetic) defects outstanding.
SEC. 27. Section 16519.5 of the Welfare and
Institutions Code is amended to read:
16519.5. (a) The State Department of Social Services, in
consultation with county child welfare agencies, foster parent
associations, and other interested community parties, shall implement
a unified, family friendly, and child-centered resource family
approval process to replace the existing multiple processes for
licensing foster family homes, approving relatives and nonrelative
extended family members as foster care providers, and approving
adoptive families.
(b) (1) Counties shall be selected to participate on a voluntary
basis as early implementation counties for the purpose of
participating in the initial development of the approval process.
Early implementation counties shall be selected according to criteria
developed by the department in consultation with the County Welfare
Directors Association. In selecting the five early implementation
counties, the department shall promote diversity among the
participating counties in terms of size and geographic location.
(2) Additional counties may participate in the early
implementation of the program upon authorization by the department.
(c) (1) For the purposes of this chapter, "resource family" means
an individual or couple that a participating county or foster family
agency, as defined in subdivision (g) of Section 11400 of this code,
and paragraph (4) of subdivision (a) of Section 1502 of the Health
and Safety Code, determines to have successfully met both the home
environment assessment standards and the permanency assessment
criteria adopted pursuant to subdivision (d) necessary for providing
care for a related or unrelated child who is under the jurisdiction
of the juvenile court, or otherwise in the care of a county child
welfare agency or probation department. A resource family shall
demonstrate all of the following:
(A) An understanding of the safety, permanence, and well-being
needs of children who have been victims of child abuse and neglect,
and the capacity and willingness to meet those needs, including the
need for protection, and the willingness to make use of support
resources offered by the agency, or a support structure in place, or
both.
(B) An understanding of children's needs and development,
effective parenting skills or knowledge about parenting, and the
capacity to act as a reasonable, prudent parent in day-to-day
decisionmaking.
(C) An understanding of his or her role as a resource family and
the capacity to work cooperatively with the agency and other service
providers in implementing the child's case plan.
(D) The financial ability within the household to ensure the
stability and financial security of the family.
(E) An ability and willingness to provide a family setting that
promotes normal childhood experiences that serves the needs of the
child.
(2) Subsequent to meeting the criteria set forth in this
subdivision and designation as a resource family, a resource family
shall be considered eligible to provide foster care for related and
unrelated children in out-of-home placement, shall be considered
approved for adoption or guardianship, and shall not have to undergo
any additional approval or licensure as long as the family lives in a
county participating in the program.
(3) Resource family approval means that the applicant successfully
meets the home environment assessment and permanency assessment
standards. This approval is in lieu of the existing foster care
license, relative or nonrelative extended family member approval, and
the adoption home study approval.
(4) Approval of a resource family does not guarantee an initial or
continued placement of a child with a resource family.
(5) Notwithstanding paragraphs (1) to (4), inclusive, the
department or county may cease any further review of an application
if the applicant has had a previous application denial within the
preceding year, or if the applicant has had a previous rescission,
revocation, or exemption denial or rescission by the department or
county within the preceding two years. However, the department or
county may continue to review an application if it has determined
that the reasons for the previous denial, rescission, or revocation
were due to circumstances and conditions that either have been
corrected or are no longer in existence. If an individual was
excluded from a resource family home or facility licensed by the
department, the department or county shall cease review of the
individual's application unless the excluded individual has been
reinstated pursuant to Section 11522 of the Government Code. The
cessation of review shall not constitute a denial of the application
for purposes of this section or any other law.
(d) Prior to implementation of this program, the department shall
adopt standards pertaining to the home environment and permanency
assessments of a resource family.
(1) Resource family home environment assessment standards shall
include, but not be limited to, all of the following:
(A) (i) Criminal records clearance of all adults residing in, or
regularly present in, the home, and not exempted from fingerprinting,
as set forth in subdivision (b) of Section 1522 of the Health and
Safety Code, pursuant to Section 8712 of the Family Code, utilizing a
check of the Child Abuse Central Index (CACI), and receipt of a
fingerprint-based state and federal criminal offender record
information search response. The criminal history information shall
include subsequent notifications pursuant to Section 11105.2 of the
Penal Code.
(ii) Consideration of any substantiated allegations of child abuse
or neglect against either the applicant or any other adult residing
in the home. An approval may not be granted to applicants whose
criminal record indicates a conviction for any of the offenses
specified in subdivision (g) of Section 1522 of the Health and Safety
Code.
(iii) If the resource family parent, applicant, or any other
person specified in subdivision (b) of Section 1522 of the Health and
Safety Code has been convicted of a crime other than a minor traffic
violation, except for the civil penalty language, the criminal
background check provisions specified in subdivisions (d) through (f)
of Section 1522 of the Health and Safety Code shall apply.
Exemptions from the criminal records clearance requirements set forth
in this section may be granted by the director or the early
implementation county, if that county has been granted permission by
the director to issue criminal records exemptions pursuant to Section
361.4, using the exemption criteria currently used for foster care
licensing as specified in subdivision (g) of Section 1522 of the
Health and Safety Code.
(iv) For public foster family agencies approving resource
families, the criminal records clearance process set forth in clause
(i) shall be utilized.
(v) For private foster family agencies approving resource
families, the criminal records clearance process set forth in clause
(i) shall be utilized, but the Department of Justice shall
disseminate a fitness determination resulting from the federal
criminal offender record information search.
(B) Buildings and grounds and storage requirements set forth in
Sections 89387 and 89387.2 of Title 22 of the California Code of
Regulations.
(C) In addition to the foregoing requirements, the resource family
home environment assessment standards shall also require the
following:
(i) That the applicant demonstrates an understanding about the
rights of children in care and his or her responsibility to safeguard
those rights.
(ii) That the total number of children residing in the home of a
resource family shall be no more than the total number of children
the resource family can properly care for, regardless of status, and
shall not exceed six children, unless exceptional circumstances that
are documented in the foster child's case file exist to permit a
resource family to care for more children, including, but not limited
to, the need to place siblings together.
(iii) That the applicant understands his or her responsibilities
with respect to acting as a reasonable and prudent parent, and
maintaining the least restrictive environment that serves the needs
of the child.
(2) The resource family permanency assessment standards shall
include, but not be limited to, all of the following:
(A) The applicant shall complete caregiver training.
(B) (i) The applicant shall complete a psychosocial assessment,
which shall include the results of a risk assessment.
(ii) A caregiver risk assessment shall include, but shall not be
limited to, physical and mental health, alcohol and other substance
use and abuse, family and domestic violence, and the factors listed
in subparagraphs (A) and (D) of paragraph (1) of subdivision (c).
(C) The applicant shall complete any other activities that relate
to a resource family's ability to achieve permanency with the child.
(e) (1) A child may be placed with a resource family that has
successfully completed the home environment assessment prior to
completion of a permanency assessment only if a compelling reason for
the placement exists based on the needs of the child.
(2) The permanency assessment shall be completed within 90 days of
the child's placement in the home, unless good cause exists based
upon the needs of the child.
(3) If additional time is needed to complete the permanency
assessment, the county shall document the extenuating circumstances
for the delay and generate a
timeframe for the completion of the permanency assessment.
(4) The county shall report to the department on a quarterly basis
the number of families with a child in an approved home whose
permanency assessment goes beyond 90 days and summarize the reasons
for these delays.
(5) A child may be placed with a relative, as defined in Section
319, or nonrelative extended family member, as defined in Section
362.7, prior to applying as a resource family only on an emergency
basis if all of the following requirements are met:
(A) Consideration of the results of a criminal records check
conducted pursuant to Section 16504.5 of the relative or nonrelative
extended family member and of every other adult in the home.
(B) Consideration of the results of the Child Abuse Central Index
(CACI) consistent with Section 1522.1 of the Health and Safety Code
of the relative or nonrelative extended family member, and of every
other adult in the home.
(C) The home and grounds are free of conditions that pose undue
risk to the health and safety of the child.
(D) For any placement made pursuant to this paragraph, the county
shall initiate the home environment assessment no later than five
business days after the placement, which shall include a face-to-face
interview with the resource family applicant and child.
(E) For any placement made pursuant to this paragraph, AFDC-FC
funding shall not be available until approval of the resource family
has been completed.
(F) Any child placed under this section shall be afforded all the
rights set forth in Section 16001.9.
(f) The State Department of Social Services shall be responsible
for all of the following:
(1) Selecting early implementation counties, based on criteria
established by the department in consultation with the County Welfare
Directors Association.
(2) Establishing timeframes for participating counties to submit
an implementation plan, enter into terms and conditions for
participation in the program, train appropriate staff, and accept
applications from resource families.
(3) Entering into terms and conditions for participation in the
program by counties.
(4) Administering the program through the issuance of written
directives that shall have the same force and effect as regulations.
Any directive affecting Article 1 (commencing with Section 700) of
Chapter 7 of Title 11 of the California Code of Regulations shall be
approved by the Department of Justice. The directives shall be exempt
from the rulemaking provisions of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340)) of Part 1 of Division 3
of Title 2 of the Government Code.
(5) Approving and requiring the use of a single standard for
resource family approval.
(6) Adopting and requiring the use of standardized documentation
for the home environment and permanency assessments of resource
families.
(7) Requiring counties to monitor resource families including, but
not limited to, all of the following:
(A) Investigating complaints of resource families.
(B) Developing and monitoring resource family corrective action
plans to correct identified deficiencies and to rescind resource
family approval if compliance with corrective action plans is not
achieved.
(8) Ongoing oversight and monitoring of county systems and
operations including all of the following:
(A) Reviewing the county's implementation of the program.
(B) Reviewing an adequate number of approved resource families in
each participating county to ensure that approval standards are being
properly applied. The review shall include case file documentation,
and may include onsite inspection of individual resource families.
The review shall occur on an annual basis, and more frequently if the
department becomes aware that a participating county is experiencing
a disproportionate number of complaints against individual resource
family homes.
(C) Reviewing county reports of serious complaints and incidents
involving approved resource families, as determined necessary by the
department. The department may conduct an independent review of the
complaint or incident and change the findings depending on the
results of its investigation.
(D) Investigating unresolved complaints against participating
counties.
(E) Requiring corrective action of counties that are not in full
compliance with the terms and conditions of the program.
(9) Updating the Legislature on the early implementation phase of
the program, including the status of implementation, successes, and
challenges during the early implementation phase, and relevant
available data, including resource family satisfaction.
(10) Implementing due process procedures, including all of the
following:
(A) Providing a statewide fair hearing process for denials,
rescissions, or exclusion actions.
(B) Amending the department's applicable state hearing procedures
and regulations or using the Administrative Procedure Act, when
applicable, as necessary for the administration of the program.
(g) Counties participating in the program shall be responsible for
all of the following:
(1) Submitting an implementation plan, entering into terms and
conditions for participation in the program, consulting with the
county probation department in the development of the implementation
plan, training appropriate staff, and accepting applications from
resource families within the timeframes established by the
department.
(2) Complying with the written directives pursuant to paragraph
(4) of subdivision (f).
(3) Implementing the requirements for resource family approval and
utilizing standardized documentation established by the department.
(4) Ensuring staff have the education and experience necessary to
complete the home environment and psychosocial assessments
competently.
(5) (A) Taking the following actions, as applicable:
(i) Approving or denying resource family applications.
(ii) Rescinding approvals of resource families.
(iii) Excluding a resource family parent or other individual from
presence in a resource family home, consistent with the established
standard.
(iv) Issuing a temporary suspension order that suspends the
resource family approval prior to a hearing when urgent action is
needed to protect a child or nonminor dependent from physical or
mental abuse, abandonment, or any other substantial threat to health
or safety, consistent with the established standard.
(B) Providing a resource family parent, applicant, or excluded
individual requesting review of that decision with due process
pursuant to the department's statutes, regulations, and written
directives.
(C) Notifying the department of any decisions denying a resource
family's application or rescinding the approval of a resource family,
excluding an individual, or taking other administrative action.
(D) Issuing a temporary suspension order that suspends the
resource family approval prior to a hearing, when urgent action is
needed to protect a child or nonminor dependent who is or may be
placed in the home from physical or mental abuse, abandonment, or any
other substantial threat to health or safety.
(6) Updating resource family approval annually.
(7) Monitoring resource families through all of the following:
(A) Ensuring that social workers who identify a condition in the
home that may not meet the approval standards set forth in
subdivision (d) while in the course of a routine visit to children
placed with a resource family take appropriate action as needed.
(B) Requiring resource families to comply with corrective action
plans as necessary to correct identified deficiencies. If corrective
action is not completed as specified in the plan, the county may
rescind the resource family approval.
(C) Requiring resource families to report to the county child
welfare agency any incidents consistent with the reporting
requirements for licensed foster family homes.
(8) Investigating all complaints against a resource family and
taking action as necessary. This shall include investigating any
incidents reported about a resource family indicating that the
approval standard is not being maintained.
(A) The child's social worker shall not conduct the formal
investigation into the complaint received concerning a family
providing services under the standards required by subdivision (d).
To the extent that adequate resources are available, complaints shall
be investigated by a worker who did not initially conduct the home
environment or psychosocial assessments.
(B) Upon conclusion of the complaint investigation, the final
disposition shall be reviewed and approved by a supervising staff
member.
(C) The department shall be notified of any serious incidents or
serious complaints or any incident that falls within the definition
of Section 11165.5 of the Penal Code. If those incidents or
complaints result in an investigation, the department shall also be
notified as to the status and disposition of that investigation.
(9) Performing corrective action as required by the department.
(10) Assessing county performance in related areas of the
California Child and Family Services Review System, and remedying
problems identified.
(11) Submitting information and data that the department
determines is necessary to study, monitor, and prepare the report
specified in paragraph (9) of subdivision (f).
(12) Ensuring resource family applicants and resource families
have the necessary knowledge, skills, and abilities to support
children in foster care by completing caregiver training. The
training should include a curriculum that supports the role of a
resource family in parenting vulnerable children and should be
ongoing in order to provide resource families with information on
trauma-informed practices and requirements and other topics within
the foster care system.
(13) Ensuring that a resource family applicant completes a minimum
of 12 hours of preapproval training. The training shall include, but
not be limited to, all of the following courses:
(A) An overview of the child protective and probation systems.
(B) The effects of trauma, including grief and loss, and child
abuse and neglect, on child development and behavior, and methods to
behaviorally support children impacted by that trauma or child abuse
and neglect.
(C) Positive discipline and the importance of self-esteem.
(D) Health issues in foster care.
(E) Accessing services and supports to address education needs,
physical, mental, and behavioral health, and substance use disorders,
including culturally relevant services.
(F) The rights of a child in foster care, and the resource family'
s responsibility to safeguard those rights, including the right to
have fair and equal access to all available services, placement,
care, treatment, and benefits, and to not be subjected to
discrimination or harassment on the basis of actual or perceived
race, ethnic group identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental or
physical disability, or HIV status.
(G) Cultural needs of children, including instruction on cultural
competency and sensitivity, and related best practices for providing
adequate care for children or youth across diverse ethnic and racial
backgrounds, as well as children or youth identifying as lesbian,
gay, bisexual, or transgender.
(H) Basic instruction on existing laws and procedures regarding
the safety of foster youth at school; and ensuring a harassment and
violence free school environment pursuant to Article 3.6 (commencing
with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1
of the Education Code.
(I) Permanence, well-being, and education needs of children.
(J) Child and adolescent development, including sexual
orientation, gender identity, and expression.
(K) The role of resource families, including working cooperatively
with the child welfare or probation agency, the child's family, and
other service providers implementing the case plan.
(L) The role of a resource family on the child and family team as
defined in paragraph (4) of subdivision (a) of Section 16501.
(M) A resource family's responsibility to act as a reasonable and
prudent parent, and to provide a family setting that promotes normal
childhood experiences and that serves the needs of the child.
(N) An overview of the specialized training identified in
subdivision (h).
(14) Ensuring approved resource families complete a minimum of
eight training hours annually, a portion of which shall be from one
or more of the topics listed in paragraph (13).
(h) In addition to any training required by this section, a
resource family may be required to receive specialized training, as
relevant, for the purpose of preparing the resource family to meet
the needs of a particular child in care. This training may include,
but is not limited to, the following:
(1) Understanding how to use best practices for providing care and
supervision to commercially sexually exploited children.
(2) Understanding how to use best practices for providing care and
supervision to lesbian, gay, bisexual, and transgender children.
(3) Understanding the requirements and best practices regarding
psychotropic medications, including, but not limited to, court
authorization, benefits, uses, side effects, interactions, assistance
with self-administration, misuse, documentation, storage, and
metabolic monitoring of children prescribed psychotropic medications.
(4) Understanding the federal Indian Child Welfare Act (25 U.S.C.
Sec. 1901 et seq.), its historical significance, the rights of
children covered by the act, and the best interests of Indian
children, including the role of the caregiver in supporting
culturally appropriate, child-centered practices that respect Native
American history, culture, retention of tribal membership and
connection to the tribal community and traditions.
(5) Understanding how to use best practices for providing care and
supervision to nonminor dependents.
(6) Understanding how to use best practices for providing care and
supervision to children with special health care needs.
(7) Understanding the different permanency options and the
services and benefits associated with the options.
(i) Nothing in this section shall preclude a county or a foster
family agency from requiring resource family training in excess of
the requirements in this section.
(j) (1) Approved relatives and nonrelative extended family
members, licensed foster family homes, or approved adoptive homes
that have completed the license or approval process prior to full
implementation of the program shall not be considered part of the
program. The otherwise applicable assessment and oversight processes
shall continue to be administered for families and facilities not
included in the program.
(2) Upon implementation of the program in a county, that county
may not accept new applications for the licensure of foster family
homes, the approval of relative and nonrelative extended family
members, or the approval of prospective adoptive homes.
(k) The department may waive regulations that pose a barrier to
implementation and operation of this program. The waiver of any
regulations by the department pursuant to this section shall apply to
only those counties or foster family agencies participating in the
program and only for the duration of the program.
( l ) Resource families approved under initial
implementation of the program, who move within an early
implementation county or who move to another early implementation
county, shall retain their resource family status if the new building
and grounds, outdoor activity areas, and storage areas meet home
environment standards. The State Department of Social Services or
early implementation county may allow a program-affiliated individual
to transfer his or her subsequent arrest notification if the
individual moves from one early implementation county to another
early implementation county, as specified in subdivision (g) of
Section 1522 of the Health and Safety Code.
(m) (1) The approval of a resource family who moves to a
nonparticipating county remains in full force and effect pending a
determination by the county approval agency or the department, as
appropriate, whether the new building and grounds and storage areas
meet applicable standards, and whether all adults residing in the
home have a criminal records clearance or exemptions granted, using
the exemption criteria used for foster care licensing, as specified
in subdivision (g) of Section 1522 of the Health and Safety Code.
Upon this determination, the nonparticipating county shall either
approve the family as a relative or nonrelative extended family
member, as applicable, or the department shall license the family as
a foster family home.
(2) Subject to the requirements in paragraph (1), the family shall
continue to be approved for guardianship and adoption. Nothing in
this subdivision shall limit a county or adoption agency from
determining that the family is not approved for guardianship or
adoption based on changes in the family's circumstances or
psychosocial assessment.
(3) A program-affiliated individual who moves to a
nonparticipating county may not transfer his or her subsequent arrest
notification from a participating county to the nonparticipating
county.
(n) Implementation of the program shall be contingent upon the
continued availability of federal Social Security Act Title IV-E (42
U.S.C. Sec. 670) funds for costs associated with placement of
children with resource families assessed and approved under the
program.
(o) A child placed with a resource family is eligible for the
resource family basic rate, pursuant to Sections 11253.45, 11460,
11461, and 11463, and subdivision (l) of Section 11461.3, at the
child's assessed level of care.
(p) Sharing ratios for nonfederal expenditures for all costs
associated with activities related to the approval of relatives and
nonrelative extended family members shall be in accordance with
Section 10101.
(q) The Department of Justice shall charge fees sufficient to
cover the cost of initial or subsequent criminal offender record
information and Child Abuse Central Index searches, processing, or
responses, as specified in this section.
(r) Except as provided, approved resource families under this
program shall be exempt from all of the following:
(1) Licensure requirements set forth under the Community Care
Facilities Act, commencing with Section 1500 of the Health and Safety
Code, and all regulations promulgated thereto.
(2) Relative and nonrelative extended family member approval
requirements set forth under Sections 309, 361.4, and 362.7, and all
regulations promulgated thereto.
(3) Adoptions approval and reporting requirements set forth under
Section 8712 of the Family Code, and all regulations promulgated
thereto.
(s) (1) Early implementation counties shall be authorized to
continue through December 31, 2016. The program shall be implemented
by each county on or before January 1, 2017.
(2) No later than July 1, 2017, each county shall provide the
following information to all licensed foster family homes and all
approved relatives and nonrelative extended family members:
(A) A detailed description of the resource family approval
program.
(B) Notification that, in order to care for a foster child,
resource family approval is required by December 31, 2019.
(C) Notification that a foster family home license and an approval
of a relative or nonrelative extended family member shall be
forfeited by operation of law as provided for in paragraph (4).
(3) By no later than January 1, 2018, the following shall apply to
all licensed foster family homes and approved relative and
nonrelative extended family members:
(A) A licensed foster family home, and an approved relative or
nonrelative extended family member with an approved adoptive home
study completed prior to January 1, 2018, shall be deemed to be an
approved resource family.
(B) A licensed foster family home, and an approved relative or
nonrelative extended family member who had a child in placement at
any time, for any length of time, between January 1, 2017, and
December 31, 2017, inclusive, may be approved as a resource family on
the date of successful completion of a psychosocial assessment
pursuant to subparagraph (B) of paragraph (2) of subdivision (d).
(C) A county may provide supportive services to all licensed
foster family home providers, relatives, and nonrelative extended
family members with a child in placement to assist with the resource
family transition and to minimize placement disruptions.
(4) All foster family licenses and approvals of a relative or
nonrelative extended family member shall be forfeited by operation of
law on December 31, 2019, except as provided in this paragraph:
(A) All licensed foster family homes that did not have a child in
placement at any time, for any length of time, between January 1,
2017, and December 31, 2017, inclusive, shall forfeit the license by
operation of law on January 1, 2018.
(B) For foster family home licensees and approved relatives or
nonrelative extended family members who have a pending resource
family application on December 31, 2019, the foster family home
license or relative and nonrelative extended family member approval
shall be forfeited by operation of law on the date of approval as a
resource family. If approval is denied, forfeiture by operation of
law shall occur on the date of completion of any proceedings required
by law to ensure due process.
(t) On and after January 1, 2017, all licensed foster family
agencies shall approve resource families in lieu of certifying foster
homes. A foster family agency or a short-term residential treatment
center pursuant to subdivision (b) of Section 11462 shall require
applicants and resource families to meet the resource family approval
standards and requirements set forth in this chapter and in the
written directives adopted pursuant to this chapter prior to approval
and in order to maintain approval.
(u) Commencing January 1, 2016, the department may establish
participation conditions, and select and authorize foster family
agencies that voluntarily submit implementation plans and revised
plans of operation in accordance with requirements established by the
department, to approve resource families in lieu of certifying
foster homes.
(1) Notwithstanding any other law, a participating foster family
agency shall require resource families to meet and maintain the
resource family approval standards and requirements set forth in this
chapter and in the written directives adopted hereto prior to
approval and in order to maintain approval.
(2) A participating foster family agency shall implement the
resource family approval program pursuant to Section 1517 of the
Health and Safety Code.
(3) Nothing in this section shall be construed to limit the
authority of the department to inspect, evaluate, or investigate a
complaint or incident, or initiate a disciplinary action against a
foster family agency pursuant to Article 5 (commencing with Section
1550) of Chapter 3 of Division 2 of the Health and Safety Code, or to
take any action it may deem necessary for the health and safety of
children placed with the foster family agency.
(4) The department may adjust the foster family agency AFDC-FC
rate pursuant to Section 11463 for implementation of this
subdivision.
SEC. 28. Article 6 (commencing with Section
16523) is added to Chapter 5 of Part 4 of Division 9 of the Welfare
and Institutions Code, to read:
Article 6. Bringing Families Home Program
16523. For purposes of this article, the following definitions
shall apply:
(a) "Child welfare services" has the same meaning as defined in
Section 16501.
(b) "Department" means the State Department of Social Services.
(c) "Eligible family" means any individual or family that, at a
minimum, meets all of the following conditions:
(1) Receives child welfare services at the time eligibility is
determined.
(2) Is homeless.
(3) Voluntarily agrees to participate in the program.
(4) Either of the following:
(A) Has been determined appropriate for reunification of a child
to a biological parent or guardian by the county human services
agency handling the case, the court with jurisdiction over the child,
or both.
(B) A child or children in the family is or are at risk of foster
care placement, and the county human services agency determines that
safe and stable housing for the family will prevent the need for the
child's or children's removal from the parent or guardian.
(d) "Homeless" means any of the following:
(1) An individual or family who lacks a fixed, regular, and
adequate nighttime residence.
(2) An individual or family with a primary nighttime residence
that is a public or private place not designed for or ordinarily used
as a regular sleeping accommodation for human beings, including, but
not limited to, a car, park, abandoned building, bus station, train
station, airport, or camping ground.
(3) An individual or family living in a supervised publicly or
privately operated shelter designated to provide temporary living
arrangements, including hotels or motels paid for by federal, state,
or local government programs for low-income individuals or by
charitable organizations, congregate shelters, or transitional
housing.
(4) An individual who resided in a shelter or place not meant for
human habitation and who is exiting an institution where he or she
temporarily resided.
(5) An individual or family who will imminently lose their
housing, including, but not limited to, housing they own, rent, or
live in without paying rent, are sharing with others, or rooms in
hotels or motels not paid for by federal, state, or local government
programs for low-income individuals or by charitable organizations,
as evidenced by any of the following:
(A) A court order resulting from an eviction action that notifies
the individual or family that they must leave within 14 days.
(B) The individual or family having a primary nighttime residence
that is a room in a hotel or motel and where they lack the resources
necessary to reside there for more than 14 days.
(C) Credible evidence indicating that the owner or renter of the
housing will not allow the individual or family to stay for more than
14 days, and any oral statement from an individual or family seeking
homeless assistance that is found to be credible shall be considered
credible evidence for purposes of this clause.
(6) An individual or family who has no subsequent residence
identified.
(7) An individual or family who lacks the resources or
support networks needed to obtain other permanent housing.
(8) Unaccompanied youth and homeless families with children and
youth defined as homeless under any other federal statute, as of the
effective date of this program, who meet all of the following:
(A) Have experienced a long-term period without living
independently in permanent housing.
(B) Have experienced persistent instability as measured by
frequent moves over that long-term period.
(C) Can be expected to continue in that status for an extended
period of time because of chronic disabilities, chronic physical
health or mental health conditions, substance addiction, histories of
domestic violence or childhood abuse, the presence of a child or
youth with a disability, or multiple barriers to employment.
(e) "Homelessness" means the status of being homeless, as defined
in subdivision (d).
(f) "Permanent housing" means a place to live without a limit on
the length of stay in the housing that exceeds the duration of
funding for the program, subject to landlord-tenant laws pursuant to
Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of
Division 3 of the Civil Code.
(g) "Program" means the Bringing Families Home Program established
pursuant to this article.
(h) "Supportive housing" has the same meaning as defined in
paragraph (2) of subdivision (b) of Section 50675.14 of the Health
and Safety Code, except that the program is not restricted to serving
only projects with five or more units.
16523.1. (a) To the extent funds are appropriated in the annual
Budget Act, the department shall award program funds to counties for
the purpose of providing housing-related supports to eligible
families experiencing homelessness if that homelessness prevents
reunification between an eligible family and a child receiving child
welfare services, or where lack of housing prevents a parent or
guardian from addressing issues that could lead to foster care
placement.
(b) Notwithstanding subdivision (a), this section does not create
an entitlement to housing-related assistance, which is intended to be
provided at the discretion of the county as a service to eligible
families.
(c) (1) It is the intent of the Legislature that housing-related
assistance provided pursuant to this article utilize evidence-based
models, including evidence-based practices in rapid rehousing and
supportive housing.
(2) Housing-related supports available to participating families
shall include, but not be limited to, all of the following:
(A) An assessment of each family's housing needs, including a plan
to assist them in meeting those needs.
(B) Housing navigation or search assistance to recruit landlords,
and assist families in locating housing affordable to the family,
under a presumption that the family will pay no more than one-third
of their income in rent.
(C) The use of evidence-based models, such as motivational
interviewing and trauma-informed care, to build relationships with a
parent or guardian.
(D) Housing-related financial assistance, including rental
assistance, security deposit assistance, utility payments, moving
cost assistance, and interim housing assistance while housing
navigators are actively seeking permanent housing options for the
family.
(E) Housing stabilization services, including ongoing tenant
engagement, case management, public systems assistance, legal
services, credit repair assistance, life skills training, and
conflict mediation with landlords and neighbors.
(F) If the family requires supportive housing, long-term services
promoting housing stability.
(d) The department shall award program funds to counties according
to criteria developed by the department, in consultation with the
County Welfare Directors Association, the Corporation for Supportive
Housing, and Housing California, subject to both of the following
requirements:
(1) A county that receives state funds under this program shall
match that funding on a dollar-by-dollar basis. The county funds used
for this purpose shall supplement, not supplant, county funding
already intended for these purposes.
(2) A county that receives state funds under this program shall
have a local continuum of care that participates in a homeless
services coordinated entry and assessment system, as required by the
United States Department of Housing and Urban Development.
(e) The department, in consultation with Housing California, the
Corporation for Supportive Housing, and the County Welfare Directors
Association of California, shall develop all of the following:
(1) The criteria by which counties may be awarded funds to provide
housing-related assistance to eligible families pursuant to this
article.
(2) The proportion of program funding to be expended on reasonable
and appropriate administrative activities to minimize overhead and
maximize services.
(3) Eligible sources of funds for a county's matching
contribution.
(4) Tracking and reporting procedures for the program.
(5) A process for evaluating program data.
SEC. 29. Section 17601.50 of the Welfare and
Institutions Code is amended to read:
17601.50. The moneys in the Child Poverty and Family Supplemental
Support Subaccount shall be allocated to the family support account
in the local health and welfare trust fund in each county and city
and county by the Controller pursuant to a schedule prepared by the
Department of Finance. All funds allocated shall be attributable to
the payment of increased aid payments, as authorized by Section
11450.025. Funds that are not allocated in a fiscal year, shall be
available for allocation in the following fiscal year.
SEC. 30. Section 18910.1 of the Welfare and
Institutions Code is amended to read:
18910.1. All CalFresh households shall be assigned certification
periods that are the maximum number of months allowable under federal
law for the household type unless a county is complying with
subdivision (b) of Section 18910 or, on a case-by-case basis only,
the household's individual circumstances require a shorter
certification period.
SEC. 31. Section 18920 is added to the Welfare
and Institutions Code, to read:
18920. (a) Notwithstanding any other law, an agreement between
the department and a unit of local government, any other unit of
state government, or a nonprofit organization that provides for a
contract relating to either of the following is and shall be deemed a
"cooperative agreement," as defined in subdivision (a) of Section
38072 of the Health and Safety Code:
(1) Outreach programs related to CalFresh.
(2) The Supplemental Nutrition Assistance Program: Nutrition
Education and Obesity Prevention Grant Program.
(b) Notwithstanding subdivision (b) of Section 38072 of the Health
and Safety Code, for purposes of Chapter 1 (commencing with Section
38070) of Division 25.2 of the Health and Safety Code, any reference
to the term "department" in those provisions shall refer to the State
Department of Social Services for purposes of an agreement described
in subdivision (a).
(c) In addition to the authority granted the department in
subdivision (a) of Section 38081.1 of the Health and Safety Code, a
change of subcontracts shall not be subject to review and approval by
the Department of General Services pursuant to Chapter 2 (commencing
with Section 10290) of Part 2 of Division 2 of the Public Contract
Code.
(d) The Legislature finds and declares that this section shall be
applied retroactively to currently executed agreements that are
described in subdivision (a).
SEC. 32. Chapter 17 (commencing with Section
18999) is added to Part 6 of Division 9 of the Welfare and
Institutions Code, to read:
CHAPTER 17. HOUSING AND DISABILITY INCOME ADVOCACY PROGRAM
18999. In enacting this chapter, it is the intent of the
Legislature to establish, for the 2016-17 fiscal year, the Housing
and Disability Income Advocacy Program under which counties assist
homeless Californians with disabilities to increase participation
among individuals who may be eligible for disability benefits
programs, including the Supplemental Security Income/State
Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP),
the federal Social Security Disability Insurance (SSDI) program, the
Cash Assistance Program for Immigrants, and veterans benefits
provided under federal law, including disability compensation.
18999.1. (a) Subject to an appropriation of funds for this
purpose in the annual Budget Act, the State Department of Social
Services shall administer the Housing and Disability Income Advocacy
Program to provide state matching grant funds to participating
counties for the provision of outreach, case management, and advocacy
services and housing assistance to individuals in need.
(b) Funds appropriated pursuant to this chapter shall be awarded
to counties by the department according to criteria developed by the
department, in consultation with the County Welfare Directors
Association of California and advocates for clients, subject to the
following restrictions:
(1) State funds appropriated pursuant to this chapter shall be
used only for the purposes specified in this chapter.
(2) A county that receives state funds under this chapter shall
match that funding on a dollar-for-dollar basis. The county matching
funds used for this purpose shall supplement, and not supplant, other
county funding for these purposes.
(3) A county receiving state funds pursuant to this chapter shall,
at a minimum, maintain a level of county funding for the outreach,
active case management, advocacy, and housing assistance services
described in this chapter that is at least equal to the total of the
amounts expended by the county for those services in the 2015-16
fiscal year.
(4) As part of its application to receive state funds under this
chapter, a county shall identify how it will collaborate locally
among, at a minimum, the county departments that are responsible for
health, including behavioral health, and human or social services in
carrying out the activities required by this chapter. This
collaboration shall include, but is not limited to, the sharing of
information among these departments as necessary to carry out the
activities required by this chapter.
18999.2. (a) (1) A participating county shall provide, or
contract for, outreach, active case management, and advocacy services
related to all of the following programs, as appropriate:
(A) The Supplemental Security Income/State Supplementary Program
for the Aged, Blind, and Disabled (SSI/SSP).
(B) The federal Social Security Disability Insurance (SSDI)
program.
(C) The Cash Assistance Program for Immigrants.
(D) Veterans benefits provided under federal law, including, but
not limited to, disability compensation.
(2) The outreach and case management services required by this
subdivision shall include, but not be limited to, all of the
following:
(A) Receiving referrals.
(B) Conducting outreach, training, and technical assistance.
(C) Providing assessment and screening.
(D) Coordinating record retrieval and other necessary means of
documenting disability.
(E) Coordinating the provision of health care, including
behavioral health care, for clients, as appropriate.
(3) The advocacy services required by this subdivision, which may
be provided though legal representation, shall include, but not be
limited to, the following:
(A) Developing and filing competently prepared benefit
applications, appeals, reconsiderations, reinstatements, and
recertifications.
(B) Coordinating with federal and state offices regarding pending
benefit applications, appeals, reconsiderations, reinstatements, and
recertifications and advocating on behalf of the client.
(b) A participating county shall use screening tools to identify
populations of individuals who are likely to be eligible for the
programs listed in subdivision (a), in accordance with the following:
(1) The county shall give highest priority to individuals who are
chronically homeless or who rely the most heavily on state- and
county-funded services.
(2) Other populations to be targeted by the program include, but
are not limited to, the following:
(A) General assistance or general relief applicants or recipients
who are homeless or at risk of homelessness.
(B) Parents who receive CalWORKs assistance or whose children
receive assistance or children who are recipients of CalWORKs in
families that are homeless or at risk of homelessness.
(C) Low-income individuals with disabilities who can be diverted
from, or who are being discharged from, jails or prisons and who are
homeless or at risk of homelessness.
(D) Low-income veterans with disabilities who are homeless or at
risk of homelessness.
(E) Low-income individuals with disabilities who are being
discharged from hospitals, long-term care facilities, or
rehabilitation facilities and who are homeless or at risk of
homelessness.
(c) (1) As appropriate, a participating county may refer an
individual to workforce development programs who is not likely to be
eligible for the programs listed in subdivision (a) and who may
benefit from workforce development programs.
(2) In consultation with an individual who has been served by the
Housing and Disability Income Advocacy Program and considering the
circumstances of his or her disabilities, a participating county may,
upon approval or final denial of disability benefits, refer an
individual who may benefit from workforce development programs to
those programs.
(3) An individual's participation in a workforce development
program pursuant to this subdivision is voluntary.
18999.4. (a) (1) A participating county shall use funds received
under this program to establish or expand programs that provide
housing assistance, including interim housing, recuperative care,
rental subsidies, or, only when necessary, shelters, for clients
receiving services under Section 18999.2 during the clients'
application periods for disability benefits programs described in
that section. The county shall place a client who receives subsidies
in housing that the client can sustain without a subsidy upon
approval of disability benefits. If the client is not approved for
disability benefits, case management staff shall assist in developing
a transition plan for housing support through other available
resources.
(2) A client's participation in housing assistance programs or
services is voluntary.
(b) A county, with the assistance of the department, shall seek
reimbursement of funds used for housing assistance, general
assistance, or general relief from the federal Commissioner of Social
Security pursuant to an interim assistance reimbursement agreement
authorized by Section 1631(g) of the federal Social Security Act. A
county shall expend funds received as reimbursement for housing
assistance only on additional housing assistance for clients
receiving services under this chapter.
18999.6. (a) Each participating county shall annually report to
the department regarding its funding of advocacy and outreach
programs in the prior year, as well as the use of state funding
provided under this chapter, including all of the following:
(1) The number of clients served in each of the targeted
populations described in subdivision (b) of Section 18999.2 and any
other populations the county chose to target.
(2) The demographics of the clients served, including race or
ethnicity, age, and gender.
(3) The number of applications for benefits, and type of benefits,
filed with the assistance of the county.
(4) The number of applications approved initially, the number
approved after reconsideration, the number approved after appeal, and
the number not approved, including the time to benefits
establishment.
(5) For applications that were denied, the reasons for denial.
(6) The number of clients who received subsidized housing during
the period that their applications were pending and a description of
how that impacted the clients and the rates of completed applications
or approval.
(7) The number of clients who received subsidized housing who
maintained that housing during the SSI application period.
(8) The percentage of individuals approved for SSI who retain
permanent housing 6, 12, and 24 months after benefits approval.
(9) The amount and percentage of rental subsidy costs and of
general assistance or general relief costs recovered through interim
assistance reimbursement for individuals approved for benefits.
(10) The number of individuals eligible to be served by this
program but who have not yet received services.
(11) Any additional data requirements established by the
department after consultation with the County Welfare Directors
Association of California and advocates for clients.
(b) The department shall periodically inform the Legislature of
the implementation progress of the program and make related data
available on its Internet Web site. The department shall also report
to the Legislature by October 1, 2018, in compliance with Section
9795 of the Government Code, regarding the implementation of the
program, including the information reported by participating counties
pursuant to this section.
(c) Notwithstanding the rulemaking provisions of the
Administrative Procedures Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department may implement, interpret, or make specific this
chapter through all-county letters without taking any regulatory
action.
SEC. 33. (a) During the 2017 and 2018
legislative budget hearings, the State Department of Social Services
and the State Department of Health Care Services shall update the
legislative budget committees on activities taken by the departments
to implement the Continuum of Care Reform (CCR) pursuant to AB 403
(Chapter 773, Statutes of 2015).
(b) The information required pursuant to subdivision (a) shall
include, but is not limited to, all of the following:
(1) The specialty mental health services provided to foster
children in short term residential treatment centers, by foster
family agencies, and by resource families.
(2) The roles to be performed by the county mental health plans,
the Medi-Cal managed care plans, and the fee-for-service system to
coordinate mental health services being provided to foster youth
pursuant to subdivision (a).
(3) The actual or projected fiscal information related to the
implementation of CCR, as follows:
(A) Funding sources available to provide mental health services to
foster care children.
(B) The state, county, and federal funding estimated for the
2016-17 fiscal year to provide mental health services to foster
children who meet the medical necessity criteria for specialty mental
health services under the Medi-Cal program.
SEC. 34. No appropriation pursuant to Section
15201 of the Welfare and Institutions Code shall be made for purposes
of implementing Section 22 of this act.
SEC. 35. The State Department of Social
Services shall convene stakeholders, including county placing
agencies, providers, foster youth, and legislative staff, commencing
no later than July 1, 2016, to discuss the adequacy of the proposed
foster care rates and rate structure, and the extent to which the
rates will achieve the desired outcomes for Continuum of Care Reform
and AB 403 (Chapter 773, Statutes of 2015). The department shall
report to the legislative budget committees no later than August 10,
2016, on the results of these discussions. To the extent the proposed
rates have changed, the department shall provide updated projected
costs no later than January 10, 2017.
SEC. 36. (a) Notwithstanding the rulemaking
provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the State Department of Social Services may
implement and administer Article 6 (commencing with Section 16523) of
Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions
Code and the changes made in this act to Sections 11253.45, 11320.15,
11322.63, 11322.64, 11322.83, 11323.25, 11402 (as amended by Section
65 of Chapter 773 of the Statutes of 2015), 11402 (as amended by
Section 66 of Chapter 773 of the Statutes of 2015), 11450, 11450.04,
11461.3, 11461.4, 11465, 12301.02, 16519.5, and 18910.1 of the
Welfare and Institutions Code through all-county letters or similar
instructions until regulations are adopted.
(b) The department shall adopt emergency regulations implementing
the sections specified in subdivision (a) no later than January 1,
2018. The department may readopt any emergency regulation authorized
by this section that is the same as, or substantially equivalent to,
any emergency regulation previously adopted pursuant to this section.
The initial adoption of regulations pursuant to this section and one
readoption of emergency regulations shall be deemed to be an
emergency and necessary for the immediate preservation of the public
peace, health, safety, or general welfare. Initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be exempt from review by the Office
of Administrative Law. The initial emergency regulations and the one
readoption of emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with the
Secretary of State, and each shall remain in effect for no more than
180 days, by which time final regulations shall be adopted.
SEC. 37. (a) To the extent that this act has an
overall effect of increasing the costs already borne by a local
agency for programs or levels of service mandated by the 2011
Realignment Legislation, Section 36 of Article XIII of the California
Constitution shall govern this act's application to local agencies
and the state's funding of those programs or levels of service.
(b) However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state for programs or
levels of service not described in subdivision (a), reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SEC. 38. 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.