Amended in Senate March 29, 2016

Senate BillNo. 974


Introduced by Committee on Governance and Finance (Senators Hertzberg (Chair), Beall, Hernandez, Lara, Moorlach, Nguyen, and Pavley)

February 8, 2016


An act to amend Sectionbegin delete 65302end deletebegin insert 8770 of the Business and Professions Code, to amend Sections 6107, 8205, 8206, 8213, 8213.5, 8311, 40805, 53601, 65091, 65302, and 67661end insert of the Government Code, to amendbegin delete Sectionend deletebegin insert Sections 5471, 5473, 5474, 5474.8, andend insert 13822 of the Health and Safety Code, to amend Section 22161 of the Public Contract Code, to amendbegin delete Section 11005.3end deletebegin insert Sections 11005, 11005.3, 19201, and 19202end insert of the Revenue and Taxation Code,begin delete andend delete to amend Section 2105 of the Streets and Highwaysbegin delete Code,end deletebegin insert and to amend Section 7.6 of, and to repeal Sections 7.3 and 8 of, the Kern County Water Agency Act (Chapter 1003 of the Statutes of 1961),end insert relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

SB 974, as amended, Committee on Governance and Finance. Local government: omnibus.

begin insert

(1) The Professional Land Surveyors’ Act, among other things, requires a county recorder to store and index records of survey, and to maintain both original maps and a printed set for public reference. That act specifically requires the county recorder to securely fasten a filed record of survey into a suitable book.

end insert
begin insert

This bill would also authorize a county recorder to store records of survey in any other manner that will assure the maps are kept together.

end insert
begin insert

(2) Existing law prohibits a public entity from demanding a fee or compensation for, among other things, a certified copy of specified military records, and of public records to be used in a claim related to veterans’ benefits, as specified. Existing law provides that a certified copy of these records may be made available only to the person who is the subject of the record, a family member or legal representative of that person, a county office that provides veterans’ benefits services, or a federal official upon written request.

end insert
begin insert

This bill would provide that a certified copy of these records may also be made available to a state or city office that provides veterans’ benefits services upon written request of that office.

end insert
begin insert

By expending the duty of local officials to provide copies of military records, this bill would impose a state-mandated local program.

end insert
begin insert

(3) Existing law authorizes the Secretary of State to appoint and commission notaries public, as provided. Existing law requires every person appointed a notary public, no later than 30 days after the beginning of the term prescribed in the commission, to file an official bond and an oath of office in the office of the county clerk of the county within which the person maintains a principal place of business.

end insert
begin insert

This bill would require a person taking the oath of office before the county clerk to serve as a notary public to present identification documents meeting certain requirements specified in statute as satisfactory evidence of identity.

end insert
begin insert

Existing law requires specified communications between the Secretary of State and notaries public to be made by certified mail. Existing law also specifies that, wherever any notice or communication required by laws to be mailed by registered mail to or by the state, the mailing of the notice by certified mail is deemed a sufficient compliance with that requirement.

end insert
begin insert

This bill would authorize the use of any other means of physical delivery that provides a receipt for these communications.

end insert
begin insert

(4) Existing law requires the officer of a local agency who has charge of financial records to furnish the Controller with a report of all the financial transactions of the local agency during the preceding fiscal year, as provided. Existing law requires the report to be furnished within 7 months after the close of each fiscal year.

end insert
begin insert

Existing law designates the city clerk as the accounting officer of the city and requires him or her to maintain records reflecting the financial condition of the city. Existing law requires the city clerk to publish the report to the Controller once in a newspaper of general circulation, or cause copies of the statement to be posted in 3 public places designated by city ordinance if there is no newspaper of general circulation, within 120 days after the close of the fiscal year for which the report is compiled.

end insert
begin insert

This bill would instead require the city clerk to publish or post the report consistent with the timelines established in statute for furnishing the report to the Controller.

end insert
begin insert

(5) Existing law authorizes the legislative body of a local agency having money in a sinking fund or money in its treasury not required for immediate needs to invest any portion of the money that it deems wise or expedient in specified securities and financial instruments. Existing law requires that certain of these instruments be rated at least “A” or “AA,” as applicable, by a nationally recognized statistical rating organization (NRSRO).

end insert
begin insert

This bill would specify that these instruments must be in a ratings category of at least “A” or “AA,” as applicable, or its equivalent.

end insert
begin delete

(1)

end delete

begin insert(6)end insert The Planning and Zoning Lawbegin delete requiresend deletebegin insert and the Subdivision Map Act require local governments to hold public hearings regarding various land use actions contemplated by those governments. If public notice of the hearing is required, existing law requires that the notice be given in specified ways, including mailing at least 10 days before the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected, and to all owners of real property within 300 feet of the real property that is the subject of the hearing, as provided. Existing law requires that notice mailed to affected local agencies also be published in at least one newspaper of general circulation and posted in at least 3 public places, as provided.end insert

begin insert

This bill would instead require publication and posting of the notice that is required to be sent to the owners of real property within 300 feet of the real property that is the subject of the hearing.

end insert
begin insert

By revising the duties of local government officials with respect to the mailing of specified notices of hearings on land use actions, this bill would impose a state-mandated local program.

end insert

begin insertThe Planning and Zoning Law also requiresend insert the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic hazards, flooding, wildland and urban fires, and climate adaptation and resilience strategies. That law requires that the safety element be reviewed and updated, in the case of flooding and fire hazards, upon the next revision of the housing element after specified dates or, in the case of climate adaptation and resilience strategies, upon either the next revision of a local hazard mitigation plan after a specified date or on or before January 1, 2022, as applicable. That law also requires, after the initial revision of the safety element to address flooding, fires, and climate adaptation and resilience strategies, that for each subsequent revision the planning agency review and, if necessary, revise the safety element to identify new information that was not available during the previous revision of the safety element.

This bill would instead require a planning agency to review and revise the safety element to identify new information, as described above, onlybegin delete afterend delete to address flooding and fires.

begin insert

(7)  The Fort Ord Reuse Authority Act establishes the Fort Ord Reuse Authority to prepare, adopt, finance, and implement a plan for the use and development of the territory previously occupied by the Fort Ord military base in Monterey County. The act requires the authority to be governed by a 13-member board, as specified, and authorizes a representative designated by the Member of Congress from the 17th Congressional District, a representative designated by the Senator from the 15th Senate District, and a representative designated by the Assembly Member from the 27th Assembly District to serve as ex officio nonvoting members of the board.

end insert
begin insert

This bill would instead authorize a representative designated by each of the Member of Congress, the Senator, and the Assembly Member that has the majority portion of Fort Ord in his or her district to serve as ex officio nonvoting members of the board.

end insert
begin insert

(8) Existing law authorizes specified local entities, including cities, counties, special districts, and other authorized public corporations, to collect fees, tolls, rates, rentals, or other charges for water, sanitation, storm drainage, or sewerage system services and facilities and to fix fees or charges for the privilege of connecting to its sanitation or sewerage facilities and improvements constructed by the entity, as provided. Under existing law, a local entity may collect these charges on the property tax roll at the same time and in the same manner as its general property taxes. Under existing law, an entity may undertake these actions by enactment of an ordinance approved by a 23 vote of the members of the legislative body of the entity.

end insert
begin insert

This bill would instead specify that the entity may undertake these actions by ordinance or resolution.

end insert
begin delete

(2)

end delete

begin insert(9)end insert The Fire Protection District Law of 1987 establishes a procedure for the formation of fire protection districts, as specified. That law provides that a district may be formed by adoption of a resolution of application by the legislative body of any county or city which contains territory proposed to be included in the district.

This bill would make a technical change to these provisions.

begin delete

(3)

end delete

begin insert(10)end insert Existing law, until January 1, 2025, authorizes the Department of General Services, the Department of Corrections and Rehabilitation, and certain local agencies to use the design-build procurement process for specified public works. Existing law defines “best value” design-build procurement by local-agencies purposes to mean a value determined by evaluation of objective criteria that may include, but are not limited to, price, features, functions, life-cycle costs, experience, and past performance.

This bill would modify that definition to have the objective criteria evaluation, instead relate to those specific criteria

begin delete

(4)

end delete

begin insert(11)end insert The Vehicle License Fee Law establishes, in lieu of any ad valorem property tax upon vehicles, an annual license fee for any vehicle subject to registration in this state. Under existing law, the Controller was,begin delete untilnJulyend deletebegin insert until Julyend insert 1, 2011, required to allocate vehicle license fee revenues in the Motor Vehicle License Fee Account in a specified order to, among others, each city that was incorporated before August 5, 2004. Existing law required the Controller to allocate these revenues in accordance with a specified formula based on, among other factors, the actual population, as defined, of the city. In the case of a city that incorporated on or after January 1, 1987, and before August 5, 2004, existing law also requires the Controller to determine the population of the city as provided based on, among other factors, the actual population, as defined, of the city.

This bill would make technical changes to these provisions.

begin insert

(12) Under existing law, if an amount due under the Personal Income Tax Law or the Corporation Tax Law, or any amount that the Franchise Tax Board may collect as though it were a tax, is not paid, the board may file in the Office of the County Clerk of Sacramento County, or any other county, a certificate containing specified information about the amount owed and the taxpayer. Existing law requires the county clerk to immediately enter a judgment against the taxpayer in the amount set forth in the certificate.

end insert
begin insert

This bill would instead require the Clerk of the Court to receive the certificate and enter the judgment.

end insert
begin delete

(5)

end delete

begin insert(13)end insert Existing law appropriates moneys in the Highway Users Tax Account for specified transportation purposes and provides for apportionment by the Controller of certain moneys, including revenues derived from taxes imposed by the Use Fuel Tax Law on the use of fuel, to cities and counties.

This bill would additionally specify that apportionment according to the above-described formula includes revenues derived from taxes imposed on the use of liquefied petroleum and natural gas pursuant to the Use Fuel Tax Law.

begin insert

(14) The Kern County Water Agency Act creates the Kern County Water Agency, consisting of all the territory lying within the exterior boundaries of the County of Kern, and specifies its powers. The act authorizes the board of directors of the agency to employ the county counsel as the attorney for the agency and the county surveyor to supervise the engineering work of the agency, as prescribed. The act requires all other officers of the county to perform the same duties for the agency as performed for the county.

end insert
begin insert

This bill would repeal these provisions relating to county employees.

end insert
begin insert

The act prohibits, unless previously approved by the county board of supervisors, the levying of a tax or assessment, or the creation of a zone of benefit. The act also prohibits, unless previously approved in the form of a budget by the county board of supervisors, an expenditure of funds.

end insert
begin insert

This bill would repeal these provisions requiring county board of supervisor approval.

end insert
begin insert

(15) 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.

end insert
begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P7    1

SECTION 1.  

(a) This act shall be known, and may be cited,
2as the Local Government Omnibus Act of 2016.

3(b) The Legislature finds and declares that Californians want
4their governments to be run efficiently and economically and that
5public officials should avoid waste and duplication whenever
6possible. The Legislature further finds and declares that it desires
7to control its own costs by reducing the number of separate bills.
8Therefore, it is the intent of the Legislature in enacting this act to
9combine several minor, noncontroversial statutory changes relating
10to the common theme, purpose, and subject of local government
11into a single measure.

12begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 8770 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
13amended to read:end insert

14

8770.  

The record of survey filed with the county recorder of
15any county shall be securely fastened bybegin delete himend deletebegin insert the county recorderend insert
16 into a suitable book provided for thatbegin delete purpose.end deletebegin insert purpose, or stored
17in any other manner that will assure that the maps will be kept
18together.end insert

begin delete

19 He

end delete

20begin insertThe county recorderend insert shall keep proper indexes of such record
21of survey by the name of grant, tract, subdivision or United States
22subdivision.

23The original map shall be stored for safekeeping in a reproducible
24condition. It shall be proper procedure for the recorder to maintain
25for public reference a set of counter maps that are prints of the
26original maps, and the original maps to be produced for comparison
27upon demand.

28begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 6107 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
29read:end insert

30

6107.  

(a) A public entity, including the state, a county, city,
31or other political subdivision, or any officer or employee thereof,
32including notaries public, shall not demand or receive any fee or
33compensation for doing any of the following:

34(1) Recording, indexing, or issuing certified copies of any
35discharge, certificate of service, certificate of satisfactory service,
P8    1notice of separation, or report of separation of any member of the
2Armed Forces of the United States.

3(2) Furnishing a certified copy of, or searching for, any public
4record that is to be used in an application or claim for a pension,
5allotment, allowance, compensation, insurance (including automatic
6insurance), or any other benefits under any act of Congress for
7service in the Armed Forces of the United States or under any law
8of this state relating to veterans’ benefits.

9(3) Furnishing a certified copy of, or searching for, any public
10record that is required by the Veterans Administration to be used
11in determining the eligibility of any person to participate in benefits
12made available by the Veterans Administration.

13(4) Rendering any other service in connection with an
14application or claim referred to in paragraph (2) or (3).

15(b) A certified copy of any record referred to in subdivision (a)
16may be made available only to one of the following:

17(1) The person who is the subject of the record upon presentation
18of proper photo identification.

19(2) A family member or legal representative of the person who
20is the subject of the record upon presentation of proper photo
21identification and certification of their relationship to the subject
22of the record.

23(3) Abegin delete countyend deletebegin insert state, county, or cityend insert office that provides veterans’
24benefits services upon written request of that office.

25(4) A United States official upon written request of that official.
26A public officer or employee is liable on his or her official bond
27for failure or refusal to render the services.

28(c) (1) If the county recorder receives a written, faxed, or
29digitized image of a request for a certified copy of any discharge,
30certificate of service, certificate of satisfactory service, notice of
31separation, or report of separation of any member of the Armed
32Forces of the United States referred to in paragraph (1) of
33subdivision (a) that is accompanied by a notarized statement sworn
34under penalty of perjury, or a faxed copy or digitized image of a
35notarized statement sworn under penalty of perjury, that the
36requester meets one of the descriptions in subdivision (b), the
37county recorder may furnish a certified copy to the requester
38pursuant to this section.

39(2) A faxed or digitized image of the notarized statement
40accompanying a faxed or digitized image of a request received
P9    1pursuant to this subdivision for a certified copy of any discharge,
2certificate of service, certificate of satisfactory service, notice of
3separation, or report of separation of any member of the Armed
4Forces of the United States shall be legible. If the notary’s seal is
5not photographically reproducible, or does not show the name of
6the notary, the county of the notary’s principal place of business,
7the notary’s telephone number, the notary’s registration number,
8and the notary’s commission expiration date typed or printed in a
9manner that is photographically reproducible below, or immediately
10adjacent to, the notary’s signature in the acknowledgment, the
11county recorder shall not provide the certified copy. If a request
12for a certified copy of any discharge, certificate of service,
13certificate of satisfactory service, notice of separation, or report
14of separation of any member of the Armed Forces of the United
15States is made in person, the official shall take a statement sworn
16under penalty of perjury that the requester is signing his or her
17own legal name and is an authorized person pursuant to subdivision
18(b), and that official may then furnish a certified copy to the
19applicant.

20(3) For purposes of this subdivision, “digitized image” of a
21request means an image of an original paper request for a certified
22copy of any discharge, certificate of service, certificate of
23satisfactory service, notice of separation, or report of separation
24of any member of the Armed Forces of the United States.

25begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 8205 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
26read:end insert

27

8205.  

(a) It is the duty of a notary public, when requested:

28(1) To demand acceptance and payment of foreign and inland
29bills of exchange, or promissory notes, to protest them for
30nonacceptance and nonpayment, and, with regard only to the
31nonacceptance or nonpayment of bills and notes, to exercise any
32other powers and duties that by the law of nations and according
33to commercial usages, or by the laws of any other state,
34government, or country, may be performed by a notary. This
35paragraph applies only to a notary public employed by a financial
36institution, during the course and scope of the notary’s employment
37with the financial institution.

38(2) To take the acknowledgment or proof of advance health care
39 directives, powers of attorney, mortgages, deeds, grants, transfers,
40and other instruments of writing executed by any person, and to
P10   1give a certificate of that proof or acknowledgment, endorsed on
2or attached to the instrument. The certificate shall be signed by
3the notary public in the notary public’s own handwriting. A notary
4public may not accept any acknowledgment or proof of any
5instrument that is incomplete.

6(3) To take depositions and affidavits, and administer oaths and
7affirmations, in all matters incident to the duties of the office, or
8to be used before any court, judge, officer, or board. Any
9deposition, affidavit, oath, or affirmation shall be signed by the
10notary public in the notary public’s own handwriting.

11(4) To certify copies of powers of attorney under Section 4307
12of the Probate Code. The certification shall be signed by the notary
13public in the notary public’s own handwriting.

14(b) It shall further be the duty of a notary public, upon written
15request:

16(1) To furnish to the Secretary of State certified copies of the
17notary’s journal.

18(2) To respond within 30 days of receiving written requests sent
19by certified mailbegin insert or any other means of physical delivery that
20provides a receiptend insert
from the Secretary of State’s office for
21information relating to official acts performed by the notary.

22begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 8206 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
23read:end insert

24

8206.  

(a) (1) A notary public shall keep one active sequential
25journal at a time, of all official acts performed as a notary public.
26The journal shall be kept in a locked and secured area, under the
27direct and exclusive control of the notary. Failure to secure the
28journal shall be cause for the Secretary of State to take
29administrative action against the commission held by the notary
30public pursuant to Section 8214.1.

31(2) The journal shall be in addition to, and apart from, any copies
32of notarized documents that may be in the possession of the notary
33public and shall include all of the following:

34(A) Date, time, and type of each official act.

35(B) Character of every instrument sworn to, affirmed,
36acknowledged, or proved before the notary.

37(C) The signature of each person whose signature is being
38notarized.

39(D) A statement as to whether the identity of a person making
40an acknowledgment or taking an oath or affirmation was based on
P11   1satisfactory evidence. If identity was established by satisfactory
2evidence pursuant to Section 1185 of the Civil Code, the journal
3shall contain the signature of the credible witness swearing or
4affirming to the identity of the individual or the type of identifying
5document, the governmental agency issuing the document, the
6serial or identifying number of the document, and the date of issue
7or expiration of the document.

8(E) If the identity of the person making the acknowledgment or
9taking the oath or affirmation was established by the oaths or
10affirmations of two credible witnesses whose identities are proven
11to the notary public by presentation of any document satisfying
12the requirements of paragraph (3) or (4) of subdivision (b) of
13Section 1185 of the Civil Code, the notary public shall record in
14the journal the type of documents identifying the witnesses, the
15identifying numbers on the documents identifying the witnesses,
16and the dates of issuance or expiration of the documents identifying
17the witnesses.

18(F) The fee charged for the notarial service.

19(G) If the document to be notarized is a deed, quitclaim deed,
20deed of trust, or other document affecting real property, or a power
21of attorney document, the notary public shall require the party
22signing the document to place his or her right thumbprint in the
23journal. If the right thumbprint is not available, then the notary
24shall have the party use his or her left thumb, or any available
25finger and shall so indicate in the journal. If the party signing the
26document is physically unable to provide a thumbprint or
27fingerprint, the notary shall so indicate in the journal and shall also
28provide an explanation of that physical condition. This paragraph
29shall not apply to a trustee’s deed resulting from a decree of
30foreclosure or a nonjudicial foreclosure pursuant to Section 2924
31of the Civil Code, nor to a deed of reconveyance.

32(b) If a sequential journal of official acts performed by a notary
33public is stolen, lost, misplaced, destroyed, damaged, or otherwise
34rendered unusable as a record of notarial acts and information, the
35notary public shall immediately notify the Secretary of State by
36certified or registeredbegin delete mail.end deletebegin insert mail or any other means of physical
37delivery that provides a receipt.end insert
The notification shall include the
38period of the journal entries, the notary public commission number,
39and the expiration date of the commission, and when applicable,
P12   1a photocopy of any police report that specifies the theft of the
2sequential journal of official acts.

3(c) Upon written request of any member of the public, which
4request shall include the name of the parties, the type of document,
5and the month and year in which notarized, the notary shall supply
6a photostatic copy of the line item representing the requested
7transaction at a cost of not more than thirty cents ($0.30) per page.

8(d) The journal of notarial acts of a notary public is the exclusive
9property of that notary public, and shall not be surrendered to an
10employer upon termination of employment, whether or not the
11employer paid for the journal, or at any other time. The notary
12public shall not surrender the journal to any other person, except
13the county clerk, pursuant to Section 8209, or immediately, or if
14the journal is not present then as soon as possible, upon request to
15a peace officer investigating a criminal offense who has reasonable
16suspicion to believe the journal contains evidence of a criminal
17offense, as defined in Sections 830.1, 830.2, and 830.3 of the Penal
18Code, acting in his or her official capacity and within his or her
19authority. If the peace officer seizes the notary journal, he or she
20must have probable cause as required by the laws of this state and
21the United States. A peace officer or law enforcement agency that
22seizes a notary journal shall notify the Secretary of State by
23facsimile within 24 hours, or as soon as possible thereafter, of the
24name of the notary public whose journal has been seized. The
25notary public shall obtain a receipt for the journal, and shall notify
26the Secretary of State by certified mailbegin insert end insertbegin insertany other means of physical
27delivery that provides a receiptend insert
within 10 days that the journal was
28relinquished to a peace officer. The notification shall include the
29period of the journal entries, the commission number of the notary
30public, the expiration date of the commission, and a photocopy of
31the receipt. The notary public shall obtain a new sequential journal.
32If the journal relinquished to a peace officer is returned to the
33notary public and a new journal has been obtained, the notary
34public shall make no new entries in the returned journal. A notary
35public who is an employee shall permit inspection and copying of
36journal transactions by a duly designated auditor or agent of the
37notary public’s employer, provided that the inspection and copying
38is done in the presence of the notary public and the transactions
39are directly associated with the business purposes of the employer.
40The notary public, upon the request of the employer, shall regularly
P13   1provide copies of all transactions that are directly associated with
2the business purposes of the employer, but shall not be required
3to provide copies of any transaction that is unrelated to the
4employer’s business. Confidentiality and safekeeping of any copies
5of the journal provided to the employer shall be the responsibility
6of that employer.

7(e) The notary public shall provide the journal for examination
8and copying in the presence of the notary public upon receipt of
9a subpoena duces tecum or a court order, and shall certify those
10copies if requested.

11(f) Any applicable requirements of, or exceptions to, state and
12federal law shall apply to a peace officer engaged in the search or
13 seizure of a sequential journal.

14begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 8213 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
15read:end insert

16

8213.  

(a) No later than 30 days after the beginning of the term
17prescribed in the commission, every person appointed a notary
18public shall file an official bond and an oath of office in the office
19of the county clerk of the county within which the person maintains
20a principal place of business as shown in the application submitted
21to the Secretary of State, and the commission shall not take effect
22unless this is done within the 30-day period. A person appointed
23to be a notary public shall take and subscribe the oath of office
24either in the office of that county clerk or before another notary
25public in that county.begin insert If the oath of office is taken and subscribed
26before the county clerk, the person appointed to be a notary public
27shall present an identification document meeting the requirements
28of subparagraph (A) or (B) of paragraph (3), or of subparagraph
29(A) or (E) or paragraph (4), of subdivision (b) of Section 1185 of
30the Civil Code to the county clerk as satisfactory evidence of
31identity.end insert
If the oath of office is taken and subscribed before a notary
32public, the oath and bond may be filed with the county clerk by
33certifiedbegin delete mail.end deletebegin insert mail or any other means of physical delivery that
34provides a receipt.end insert
Upon the filing of the oath and bond, the county
35clerk shall immediately transmit to the Secretary of State a
36certificate setting forth the fact of the filing and containing a copy
37of the official oath, personally signed by the notary public in the
38form set forth in the commission and shall immediately deliver
39the bond to the county recorder for recording. The county clerk
40shall retain the oath of office for one year following the expiration
P14   1of the term of the commission for which the oath was taken, after
2which the oath may be destroyed or otherwise disposed of. The
3copy of the oath, personally signed by the notary public, on file
4with the Secretary of State may at any time be read in evidence
5with like effect as the original oath, without further proof.

6(b) If a notary public transfers the principal place of business
7from one county to another, the notary public may file a new oath
8of office and bond, or a duplicate of the original bond with the
9county clerk to which the principal place of business was
10transferred. If the notary public elects to make a new filing, the
11notary public shall, within 30 days of the filing, obtain an official
12seal which shall include the name of the county to which the notary
13public has transferred. In a case where the notary public elects to
14make a new filing, the same filing and recording fees are applicable
15as in the case of the original filing and recording of the bond.

16(c) If a notary public submits an application for a name change
17to the Secretary of State, the notary public shall, within 30 days
18from the date an amended commission is issued, file a new oath
19of office and an amendment to the bond with the county clerk in
20which the principal place of business is located. The amended
21commission with the name change shall not take effect unless the
22filing is completed within the 30-day period. The amended
23commission with the name change takes effect the date the oath
24and amendment to the bond is filed with the county clerk. If the
25principal place of business address was changed in the application
26for name change, either a new or duplicate of the original bond
27shall be filed with the county clerk with the amendment to the
28bond. The notary public shall, within 30 days of the filing, obtain
29an official seal that includes the name of the notary public and the
30name of the county to which the notary public has transferred, if
31applicable.

32(d) The recording fee specified in Section 27361 of the
33Government Code shall be paid by the person appointed a notary
34public. The fee may be paid to the county clerk who shall transmit
35it to the county recorder.

36(e) The county recorder shall record the bond and shall thereafter
37mail, unless specified to the contrary, it to the person named in the
38instrument and, if no person is named, to the party leaving it for
39recording.

P15   1begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 8213.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert

3

8213.5.  

A notary public shall notify the Secretary of State by
4certified mailbegin insert or aend insertbegin insertny other means of physical delivery that provides
5a receiptend insert
within 30 days as to any change in the location or address
6of the principal place of business or residence. A notary public
7shall not use a commercial mail receiving agency or post office
8box as his or her principal place of business or residence, unless
9the notary public also provides the Secretary of State with a
10physical street address as the principal place of residence. Willful
11failure to notify the Secretary of State of a change of address shall
12be punishable as an infraction by a fine of not more than five
13hundred dollars ($500).

14begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 8311 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
15read:end insert

16

8311.  

Wherever any notice or other communication is required
17by any law to be mailed by registered mail to or by the state, or
18any officer or agency thereof, the mailing of such notice or other
19communication by certified mailbegin insert or any other means of physical
20delivery that provides a receiptend insert
shall be deemed to be a sufficient
21compliance with the requirements of such law.

22begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 40805 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
23read:end insert

24

40805.  

The report shall be published or postedbegin delete not later than
25120 daysend delete
begin insert consistent with the timelines established in Section 53891end insert
26 after the close of the fiscal year for which the report is compiled.

27begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 53601 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
28to read:end insert

29

53601.  

This section shall apply to a local agency that is a city,
30a district, or other local agency that does not pool money in
31deposits or investments with other local agencies, other than local
32agencies that have the same governing body. However, Section
3353635 shall apply to all local agencies that pool money in deposits
34or investments with other local agencies that have separate
35governing bodies. The legislative body of a local agency having
36moneys in a sinking fund or moneys in its treasury not required
37for the immediate needs of the local agency may invest any portion
38of the moneys that it deems wise or expedient in those investments
39set forth below. A local agency purchasing or obtaining any
40securities prescribed in this section, in a negotiable, bearer,
P16   1registered, or nonregistered format, shall require delivery of the
2securities to the local agency, including those purchased for the
3agency by financial advisers, consultants, or managers using the
4agency’s funds, by book entry, physical delivery, or by third-party
5custodial agreement. The transfer of securities to the counterparty
6bank’s customer book entry account may be used for book entry
7delivery.

8For purposes of this section, “counterparty” means the other
9party to the transaction. A counterparty bank’s trust department
10or separate safekeeping department may be used for the physical
11delivery of the security if the security is held in the name of the
12local agency. Where this section specifies a percentage limitation
13for a particular category of investment, that percentage is applicable
14only at the date of purchase. Where this section does not specify
15a limitation on the term or remaining maturity at the time of the
16investment, no investment shall be made in any security, other
17than a security underlying a repurchase or reverse repurchase
18agreement or securities lending agreement authorized by this
19section, that at the time of the investment has a term remaining to
20maturity in excess of five years, unless the legislative body has
21granted express authority to make that investment either
22specifically or as a part of an investment program approved by the
23legislative body no less than three months prior to the investment:

24(a) Bonds issued by the local agency, including bonds payable
25solely out of the revenues from a revenue-producing property
26owned, controlled, or operated by the local agency or by a
27department, board, agency, or authority of the local agency.

28(b) United States Treasury notes, bonds, bills, or certificates of
29indebtedness, or those for which the faith and credit of the United
30States are pledged for the payment of principal and interest.

31(c) Registered state warrants or treasury notes or bonds of this
32state, including bonds payable solely out of the revenues from a
33revenue-producing property owned, controlled, or operated by the
34state or by a department, board, agency, or authority of the state.

35(d) Registered treasury notes or bonds of any of the other 49
36states in addition to California, including bonds payable solely out
37of the revenues from a revenue-producing property owned,
38controlled, or operated by a state or by a department, board, agency,
39or authority of any of the other 49 states, in addition to California.

P17   1(e) Bonds, notes, warrants, or other evidences of indebtedness
2of a local agency within this state, including bonds payable solely
3out of the revenues from a revenue-producing property owned,
4controlled, or operated by the local agency, or by a department,
5board, agency, or authority of the local agency.

6(f) Federal agency or United States government-sponsored
7enterprise obligations, participations, or other instruments,
8including those issued by or fully guaranteed as to principal and
9interest by federal agencies or United States government-sponsored
10enterprises.

11(g) Bankers’ acceptances otherwise known as bills of exchange
12or time drafts that are drawn on and accepted by a commercial
13bank. Purchases of bankers’ acceptances shall not exceed 180
14days’ maturity or 40 percent of the agency’s moneys that may be
15invested pursuant to this section. However, no more than 30 percent
16of the agency’s moneys may be invested in the bankers’
17acceptances of any one commercial bank pursuant to this section.

18This subdivision does not preclude a municipal utility district
19from investing moneys in its treasury in a manner authorized by
20the Municipal Utility District Act (Division 6 (commencing with
21Section 11501) of the Public Utilities Code).

22(h) Commercial paper of “prime” quality of the highest ranking
23or of the highest letter and number rating as provided for by a
24nationally recognized statistical rating organization (NRSRO).
25The entity that issues the commercial paper shall meet all of the
26following conditions in either paragraph (1) or (2):

27(1) The entity meets the following criteria:

28(A) Is organized and operating in the United States as a general
29corporation.

30(B) Has total assets in excess of five hundred million dollars
31($500,000,000).

32(C) Has debt other than commercial paper, if any, that is rated
33begin insert in a rating category ofend insert “A”begin insert or its equivalentend insert or higher by an
34NRSRO.

35(2) The entity meets the following criteria:

36(A) Is organized within the United States as a special purpose
37corporation, trust, or limited liability company.

38(B) Has programwide credit enhancements including, but not
39limited to, overcollateralization, letters of credit, or a surety bond.

P18   1(C) Has commercial paper that is rated “A-1” or higher, or the
2equivalent, by an NRSRO.

3Eligible commercial paper shall have a maximum maturity of
4270 days or less. Local agencies, other than counties or a city and
5county, may invest no more than 25 percent of their moneys in
6eligible commercial paper. Local agencies, other than counties or
7a city and county, may purchase no more than 10 percent of the
8outstanding commercial paper of any single issuer. Counties or a
9city and county may invest in commercial paper pursuant to the
10concentration limits in subdivision (a) of Section 53635.

11(i) Negotiable certificates of deposit issued by a nationally or
12state-chartered bank, a savings association or a federal association
13(as defined by Section 5102 of the Financial Code), a state or
14federal credit union, or by a federally licensed or state-licensed
15branch of a foreign bank. Purchases of negotiable certificates of
16deposit shall not exceed 30 percent of the agency’s moneys that
17may be invested pursuant to this section. For purposes of this
18section, negotiable certificates of deposit do not come within
19Article 2 (commencing with Section 53630), except that the amount
20so invested shall be subject to the limitations of Section 53638.
21The legislative body of a local agency and the treasurer or other
22official of the local agency having legal custody of the moneys
23are prohibited from investing local agency funds, or funds in the
24custody of the local agency, in negotiable certificates of deposit
25issued by a state or federal credit union if a member of the
26legislative body of the local agency, or a person with investment
27decisionmaking authority in the administrative office manager’s
28office, budget office, auditor-controller’s office, or treasurer’s
29office of the local agency also serves on the board of directors, or
30any committee appointed by the board of directors, or the credit
31committee or the supervisory committee of the state or federal
32credit union issuing the negotiable certificates of deposit.

33(j) (1) Investments in repurchase agreements or reverse
34repurchase agreements or securities lending agreements of
35securities authorized by this section, as long as the agreements are
36subject to this subdivision, including the delivery requirements
37specified in this section.

38(2) Investments in repurchase agreements may be made, on an
39investment authorized in this section, when the term of the
40agreement does not exceed one year. The market value of securities
P19   1that underlie a repurchase agreement shall be valued at 102 percent
2or greater of the funds borrowed against those securities and the
3value shall be adjusted no less than quarterly. Since the market
4value of the underlying securities is subject to daily market
5fluctuations, the investments in repurchase agreements shall be in
6compliance if the value of the underlying securities is brought back
7up to 102 percent no later than the next business day.

8(3) Reverse repurchase agreements or securities lending
9 agreements may be utilized only when all of the following
10conditions are met:

11(A) The security to be sold using a reverse repurchase agreement
12or securities lending agreement has been owned and fully paid for
13by the local agency for a minimum of 30 days prior to sale.

14(B) The total of all reverse repurchase agreements and securities
15lending agreements on investments owned by the local agency
16does not exceed 20 percent of the base value of the portfolio.

17(C) The agreement does not exceed a term of 92 days, unless
18the agreement includes a written codicil guaranteeing a minimum
19earning or spread for the entire period between the sale of a security
20using a reverse repurchase agreement or securities lending
21agreement and the final maturity date of the same security.

22(D) Funds obtained or funds within the pool of an equivalent
23amount to that obtained from selling a security to a counterparty
24using a reverse repurchase agreement or securities lending
25agreement shall not be used to purchase another security with a
26maturity longer than 92 days from the initial settlement date of the
27reverse repurchase agreement or securities lending agreement,
28unless the reverse repurchase agreement or securities lending
29agreement includes a written codicil guaranteeing a minimum
30earning or spread for the entire period between the sale of a security
31using a reverse repurchase agreement or securities lending
32agreement and the final maturity date of the same security.

33(4) (A) Investments in reverse repurchase agreements, securities
34lending agreements, or similar investments in which the local
35agency sells securities prior to purchase with a simultaneous
36agreement to repurchase the security may be made only upon prior
37approval of the governing body of the local agency and shall be
38made only with primary dealers of the Federal Reserve Bank of
39New York or with a nationally or state-chartered bank that has or
40has had a significant banking relationship with a local agency.

P20   1(B) For purposes of this chapter, “significant banking
2relationship” means any of the following activities of a bank:

3(i) Involvement in the creation, sale, purchase, or retirement of
4a local agency’s bonds, warrants, notes, or other evidence of
5indebtedness.

6(ii) Financing of a local agency’s activities.

7(iii) Acceptance of a local agency’s securities or funds as
8deposits.

9(5) (A) “Repurchase agreement” means a purchase of securities
10by the local agency pursuant to an agreement by which the
11counterparty seller will repurchase the securities on or before a
12specified date and for a specified amount and the counterparty will
13deliver the underlying securities to the local agency by book entry,
14physical delivery, or by third-party custodial agreement. The
15transfer of underlying securities to the counterparty bank’s
16customer book-entry account may be used for book-entry delivery.

17(B) “Securities,” for purposes of repurchase under this
18subdivision, means securities of the same issuer, description, issue
19date, and maturity.

20(C) “Reverse repurchase agreement” means a sale of securities
21by the local agency pursuant to an agreement by which the local
22agency will repurchase the securities on or before a specified date
23and includes other comparable agreements.

24(D) “Securities lending agreement” means an agreement under
25which a local agency agrees to transfer securities to a borrower
26who, in turn, agrees to provide collateral to the local agency.
27During the term of the agreement, both the securities and the
28collateral are held by a third party. At the conclusion of the
29agreement, the securities are transferred back to the local agency
30in return for the collateral.

31(E) For purposes of this section, the base value of the local
32agency’s pool portfolio shall be that dollar amount obtained by
33totaling all cash balances placed in the pool by all pool participants,
34excluding any amounts obtained through selling securities by way
35of reverse repurchase agreements, securities lending agreements,
36or other similar borrowing methods.

37(F) For purposes of this section, the spread is the difference
38between the cost of funds obtained using the reverse repurchase
39agreement and the earnings obtained on the reinvestment of the
40funds.

P21   1(k) Medium-term notes, defined as all corporate and depository
2institution debt securities with a maximum remaining maturity of
3five years or less, issued by corporations organized and operating
4within the United States or by depository institutions licensed by
5the United States or any state and operating within the United
6States. Notes eligible for investment under this subdivision shall
7be ratedbegin insert in a rating category ofend insert “A”begin insert or its equivalentend insert or better by
8an NRSRO. Purchases of medium-term notes shall not include
9other instruments authorized by this section and shall not exceed
1030 percent of the agency’s moneys that may be invested pursuant
11to this section.

12(l) (1) Shares of beneficial interest issued by diversified
13management companies that invest in the securities and obligations
14as authorized by subdivisions (a) to (k), inclusive, and subdivisions
15(m) to (q), inclusive, and that comply with the investment
16restrictions of this article and Article 2 (commencing with Section
1753630). However, notwithstanding these restrictions, a counterparty
18to a reverse repurchase agreement or securities lending agreement
19is not required to be a primary dealer of the Federal Reserve Bank
20of New York if the company’s board of directors finds that the
21counterparty presents a minimal risk of default, and the value of
22the securities underlying a repurchase agreement or securities
23lending agreement may be 100 percent of the sales price if the
24securities are marked to market daily.

25(2) Shares of beneficial interest issued by diversified
26management companies that are money market funds registered
27with the Securities and Exchange Commission under the
28Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.).

29(3) If investment is in shares issued pursuant to paragraph (1),
30the company shall have met either of the following criteria:

31(A) Attained the highest ranking or the highest letter and
32numerical rating provided by not less than two NRSROs.

33(B) Retained an investment adviser registered or exempt from
34registration with the Securities and Exchange Commission with
35not less than five years’ experience investing in the securities and
36obligations authorized by subdivisions (a) to (k), inclusive, and
37subdivisions (m) to (q), inclusive, and with assets under
38management in excess of five hundred million dollars
39($500,000,000).

P22   1(4) If investment is in shares issued pursuant to paragraph (2),
2the company shall have met either of the following criteria:

3(A) Attained the highest ranking or the highest letter and
4numerical rating provided by not less than two NRSROs.

5(B) Retained an investment adviser registered or exempt from
6registration with the Securities and Exchange Commission with
7not less than five years’ experience managing money market
8mutual funds with assets under management in excess of five
9hundred million dollars ($500,000,000).

10(5) The purchase price of shares of beneficial interest purchased
11pursuant to this subdivision shall not include commission that the
12companies may charge and shall not exceed 20 percent of the
13agency’s moneys that may be invested pursuant to this section.
14However, no more than 10 percent of the agency’s funds may be
15invested in shares of beneficial interest of any one mutual fund
16pursuant to paragraph (1).

17(m) Moneys held by a trustee or fiscal agent and pledged to the
18payment or security of bonds or other indebtedness, or obligations
19under a lease, installment sale, or other agreement of a local
20agency, or certificates of participation in those bonds, indebtedness,
21or lease installment sale, or other agreements, may be invested in
22accordance with the statutory provisions governing the issuance
23of those bonds, indebtedness, or lease installment sale, or other
24agreement, or to the extent not inconsistent therewith or if there
25are no specific statutory provisions, in accordance with the
26ordinance, resolution, indenture, or agreement of the local agency
27providing for the issuance.

28(n) Notes, bonds, or other obligations that are at all times secured
29by a valid first priority security interest in securities of the types
30listed by Section 53651 as eligible securities for the purpose of
31securing local agency deposits having a market value at least equal
32to that required by Section 53652 for the purpose of securing local
33agency deposits. The securities serving as collateral shall be placed
34by delivery or book entry into the custody of a trust company or
35the trust department of a bank that is not affiliated with the issuer
36of the secured obligation, and the security interest shall be perfected
37in accordance with the requirements of the Uniform Commercial
38Code or federal regulations applicable to the types of securities in
39which the security interest is granted.

P23   1(o) A mortgage passthrough security, collateralized mortgage
2obligation, mortgage-backed or other pay-through bond, equipment
3lease-backed certificate, consumer receivable passthrough
4certificate, or consumer receivable-backed bond of a maximum of
5five years’ maturity. Securities eligible for investment under this
6subdivision shall be issued by an issuerbegin delete having anend deletebegin insert rated in a rating
7category ofend insert
“A” orbegin delete higher ratingend deletebegin insert its equivalent or betterend insert for the
8issuer’s debt as provided by an NRSRO and rated in a rating
9category of “AA” or its equivalent or better by an NRSRO.
10Purchase of securities authorized by this subdivision shall not
11exceed 20 percent of the agency’s surplus moneys that may be
12invested pursuant to this section.

13(p) Shares of beneficial interest issued by a joint powers
14authority organized pursuant to Section 6509.7 that invests in the
15securities and obligations authorized in subdivisions (a) to (q),
16inclusive. Each share shall represent an equal proportional interest
17in the underlying pool of securities owned by the joint powers
18authority. To be eligible under this section, the joint powers
19authority issuing the shares shall have retained an investment
20adviser that meets all of the following criteria:

21(1) The adviser is registered or exempt from registration with
22the Securities and Exchange Commission.

23(2) The adviser has not less than five years of experience
24investing in the securities and obligations authorized in
25subdivisions (a) to (q), inclusive.

26(3) The adviser has assets under management in excess of five
27hundred million dollars ($500,000,000).

28(q) United States dollar denominated senior unsecured
29unsubordinated obligations issued or unconditionally guaranteed
30by the International Bank for Reconstruction and Development,
31International Finance Corporation, or Inter-American Development
32Bank, with a maximum remaining maturity of five years or less,
33and eligible for purchase and sale within the United States.
34Investments under this subdivision shall be ratedbegin insert in a rating
35category ofend insert
“AA”begin insert or its equivalentend insert or better by an NRSRO and
36shall not exceed 30 percent of the agency’s moneys that may be
37invested pursuant to this section.

38begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 65091 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
39to read:end insert

P24   1

65091.  

(a) When a provision of this title requires notice of a
2public hearing to be given pursuant to this section, notice shall be
3given in all of the following ways:

4(1) Notice of the hearing shall be mailed or delivered at least
510 days prior to the hearing to the owner of the subject real
6property as shown on the latest equalized assessment roll. Instead
7of using the assessment roll, the local agency may use records of
8the county assessor or tax collector if those records contain more
9recent information than the information contained on the
10assessment roll. Notice shall also be mailed to the owner’s duly
11authorized agent, if any, and to the project applicant.

12(2) When the Subdivision Map Act (Div. 2 (commencing with
13Section 66410)) requires notice of a public hearing to be given
14pursuant to this section, notice shall also be given to any owner of
15a mineral right pertaining to the subject real property who has
16recorded a notice of intent to preserve the mineral right pursuant
17to Section 883.230 of the Civil Code.

18(3) Notice of the hearing shall be mailed or delivered at least
1910 days prior to the hearing to each local agency expected to
20provide water, sewage, streets, roads, schools, or other essential
21facilities or services to the project, whose ability to provide those
22facilities and services may be significantly affected.

23(4) Notice of the hearing shall be mailed or delivered at least
2410 days prior to the hearing to all owners of real property as shown
25on the latest equalized assessment roll within 300 feet of the real
26 property that is the subject of the hearing. In lieu of using the
27assessment roll, the local agency may use records of the county
28assessor or tax collector which contain more recent information
29than the assessment roll. If the number of owners to whom notice
30would be mailed or delivered pursuant to this paragraph or
31paragraph (1) is greater than 1,000, a local agency, in lieu of mailed
32or delivered notice, may provide notice by placing a display
33advertisement of at least one-eighth page in at least one newspaper
34of general circulation within the local agency in which the
35proceeding is conducted at least 10 days prior to the hearing.

36(5) If the notice is mailed or delivered pursuant to paragraph
37begin delete (3),end deletebegin insert (4),end insert the notice shall also either be:

38(A) Published pursuant to Section 6061 in at least one newspaper
39of general circulation within the local agency which is conducting
40the proceeding at least 10 days prior to the hearing.

P25   1(B) Posted at least 10 days prior to the hearing in at least three
2public places within the boundaries of the local agency, including
3one public place in the area directly affected by the proceeding.

4(b) The notice shall include the information specified in Section
565094.

6(c) In addition to the notice required by this section, a local
7agency may give notice of the hearing in any other manner it deems
8necessary or desirable.

9(d) Whenever a hearing is held regarding a permit for a
10drive-through facility, or modification of an existing drive-through
11facility permit, the local agency shall incorporate, where necessary,
12notice procedures to the blind, aged, and disabled communities in
13order to facilitate their participation in any hearing on, or appeal
14of the denial of, a drive-through facility permit. The Legislature
15finds that access restrictions to commercial establishments affecting
16the blind, aged, or disabled, is a critical statewide problem;
17therefore, this subdivision shall be applicable to charter cities.

18

begin deleteSEC. 2.end delete
19
begin insertSEC. 12.end insert  

Section 65302 of the Government Code, as amended
20by Section 1 of Chapter 608 of the Statutes of 2015, is amended
21to read:

22

65302.  

The general plan shall consist of a statement of
23development policies and shall include a diagram or diagrams and
24text setting forth objectives, principles, standards, and plan
25proposals. The plan shall include the following elements:

26(a) A land use element that designates the proposed general
27distribution and general location and extent of the uses of the land
28for housing, business, industry, open space, including agriculture,
29natural resources, recreation, and enjoyment of scenic beauty,
30education, public buildings and grounds, solid and liquid waste
31disposal facilities, and other categories of public and private uses
32of land. The location and designation of the extent of the uses of
33the land for public and private uses shall consider the identification
34of land and natural resources pursuant to paragraph (3) of
35subdivision (d). The land use element shall include a statement of
36the standards of population density and building intensity
37recommended for the various districts and other territory covered
38by the plan. The land use element shall identify and annually
39review those areas covered by the plan that are subject to flooding
40identified by flood plain mapping prepared by the Federal
P26   1Emergency Management Agency (FEMA) or the Department of
2Water Resources. The land use element shall also do both of the
3following:

4(1) Designate in a land use category that provides for timber
5production those parcels of real property zoned for timberland
6production pursuant to the California Timberland Productivity Act
7of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1
8of Division 1 of Title 5).

9(2) Consider the impact of new growth on military readiness
10activities carried out on military bases, installations, and operating
11and training areas, when proposing zoning ordinances or
12designating land uses covered by the general plan for land, or other
13territory adjacent to military facilities, or underlying designated
14military aviation routes and airspace.

15(A) In determining the impact of new growth on military
16readiness activities, information provided by military facilities
17shall be considered. Cities and counties shall address military
18impacts based on information from the military and other sources.

19(B) The following definitions govern this paragraph:

20(i) “Military readiness activities” mean all of the following:

21(I) Training, support, and operations that prepare the men and
22women of the military for combat.

23(II) Operation, maintenance, and security of any military
24installation.

25(III) Testing of military equipment, vehicles, weapons, and
26sensors for proper operation or suitability for combat use.

27(ii) “Military installation” means a base, camp, post, station,
28yard, center, homeport facility for any ship, or other activity under
29the jurisdiction of the United States Department of Defense as
30defined in paragraph (1) of subsection (g) of Section 2687 of Title
3110 of the United States Code.

32(b) (1) A circulation element consisting of the general location
33and extent of existing and proposed major thoroughfares,
34transportation routes, terminals, any military airports and ports,
35and other local public utilities and facilities, all correlated with the
36land use element of the plan.

37(2) (A) Commencing January 1, 2011, upon any substantive
38revision of the circulation element, the legislative body shall
39modify the circulation element to plan for a balanced, multimodal
40transportation network that meets the needs of all users of streets,
P27   1roads, and highways for safe and convenient travel in a manner
2that is suitable to the rural, suburban, or urban context of the
3general plan.

4(B) For purposes of this paragraph, “users of streets, roads, and
5highways” mean bicyclists, children, persons with disabilities,
6motorists, movers of commercial goods, pedestrians, users of public
7transportation, and seniors.

8(c) A housing element as provided in Article 10.6 (commencing
9with Section 65580).

10(d) (1) A conservation element for the conservation,
11development, and utilization of natural resources including water
12and its hydraulic force, forests, soils, rivers and other waters,
13harbors, fisheries, wildlife, minerals, and other natural resources.
14The conservation element shall consider the effect of development
15within the jurisdiction, as described in the land use element, on
16natural resources located on public lands, including military
17installations. That portion of the conservation element including
18waters shall be developed in coordination with any countywide
19water agency and with all district and city agencies, including
20flood management, water conservation, or groundwater agencies
21that have developed, served, controlled, managed, or conserved
22water of any type for any purpose in the county or city for which
23the plan is prepared. Coordination shall include the discussion and
24evaluation of any water supply and demand information described
25in Section 65352.5, if that information has been submitted by the
26water agency to the city or county.

27(2) The conservation element may also cover all of the
28following:

29(A) The reclamation of land and waters.

30(B) Prevention and control of the pollution of streams and other
31waters.

32(C) Regulation of the use of land in stream channels and other
33areas required for the accomplishment of the conservation plan.

34(D) Prevention, control, and correction of the erosion of soils,
35beaches, and shores.

36(E) Protection of watersheds.

37(F) The location, quantity and quality of the rock, sand, and
38 gravel resources.

39(3) Upon the next revision of the housing element on or after
40January 1, 2009, the conservation element shall identify rivers,
P28   1creeks, streams, flood corridors, riparian habitats, and land that
2may accommodate floodwater for purposes of groundwater
3recharge and stormwater management.

4(e) An open-space element as provided in Article 10.5
5(commencing with Section 65560).

6(f) (1) A noise element that shall identify and appraise noise
7problems in the community. The noise element shall analyze and
8quantify, to the extent practicable, as determined by the legislative
9body, current and projected noise levels for all of the following
10sources:

11(A) Highways and freeways.

12(B) Primary arterials and major local streets.

13(C) Passenger and freight online railroad operations and ground
14rapid transit systems.

15(D) Commercial, general aviation, heliport, helistop, and military
16airport operations, aircraft overflights, jet engine test stands, and
17all other ground facilities and maintenance functions related to
18airport operation.

19(E) Local industrial plants, including, but not limited to, railroad
20classification yards.

21(F) Other ground stationary noise sources, including, but not
22limited to, military installations, identified by local agencies as
23contributing to the community noise environment.

24(2) Noise contours shall be shown for all of these sources and
25stated in terms of community noise equivalent level (CNEL) or
26day-night average sound level (Ldn). The noise contours shall be
27prepared on the basis of noise monitoring or following generally
28accepted noise modeling techniques for the various sources
29identified in paragraphs (1) to (6), inclusive.

30(3) The noise contours shall be used as a guide for establishing
31a pattern of land uses in the land use element that minimizes the
32exposure of community residents to excessive noise.

33(4) The noise element shall include implementation measures
34and possible solutions that address existing and foreseeable noise
35problems, if any. The adopted noise element shall serve as a
36guideline for compliance with the state’s noise insulation standards.

37(g) (1) A safety element for the protection of the community
38from any unreasonable risks associated with the effects of
39seismically induced surface rupture, ground shaking, ground
40failure, tsunami, seiche, and dam failure; slope instability leading
P29   1to mudslides and landslides; subsidence; liquefaction; and other
2seismic hazards identified pursuant to Chapter 7.8 (commencing
3with Section 2690) of Division 2 of the Public Resources Code,
4and other geologic hazards known to the legislative body; flooding;
5and wildland and urban fires. The safety element shall include
6mapping of known seismic and other geologic hazards. It shall
7also address evacuation routes, military installations, peakload
8water supply requirements, and minimum road widths and
9clearances around structures, as those items relate to identified fire
10and geologic hazards.

11(2) The safety element, upon the next revision of the housing
12element on or after January 1, 2009, shall also do the following:

13(A) Identify information regarding flood hazards, including,
14but not limited to, the following:

15(i) Flood hazard zones. As used in this subdivision, “flood
16hazard zone” means an area subject to flooding that is delineated
17as either a special hazard area or an area of moderate or minimal
18hazard on an official flood insurance rate map issued by the Federal
19Emergency Management Agency (FEMA). The identification of
20a flood hazard zone does not imply that areas outside the flood
21hazard zones or uses permitted within flood hazard zones will be
22free from flooding or flood damage.

23(ii) National Flood Insurance Program maps published by
24FEMA.

25(iii) Information about flood hazards that is available from the
26United States Army Corps of Engineers.

27(iv) Designated floodway maps that are available from the
28Central Valley Flood Protection Board.

29(v) Dam failure inundation maps prepared pursuant to Section
308589.5 that are available from the Office of Emergency Services.

31(vi) Awareness Floodplain Mapping Program maps and 200-year
32flood plain maps that are or may be available from, or accepted
33by, the Department of Water Resources.

34(vii) Maps of levee protection zones.

35(viii) Areas subject to inundation in the event of the failure of
36project or nonproject levees or floodwalls.

37(ix) Historical data on flooding, including locally prepared maps
38of areas that are subject to flooding, areas that are vulnerable to
39flooding after wildfires, and sites that have been repeatedly
40damaged by flooding.

P30   1(x) Existing and planned development in flood hazard zones,
2including structures, roads, utilities, and essential public facilities.

3(xi) Local, state, and federal agencies with responsibility for
4flood protection, including special districts and local offices of
5emergency services.

6(B) Establish a set of comprehensive goals, policies, and
7objectives based on the information identified pursuant to
8subparagraph (A), for the protection of the community from the
9unreasonable risks of flooding, including, but not limited to:

10(i) Avoiding or minimizing the risks of flooding to new
11development.

12(ii) Evaluating whether new development should be located in
13flood hazard zones, and identifying construction methods or other
14methods to minimize damage if new development is located in
15flood hazard zones.

16(iii) Maintaining the structural and operational integrity of
17essential public facilities during flooding.

18(iv) Locating, when feasible, new essential public facilities
19outside of flood hazard zones, including hospitals and health care
20facilities, emergency shelters, fire stations, emergency command
21centers, and emergency communications facilities or identifying
22construction methods or other methods to minimize damage if
23these facilities are located in flood hazard zones.

24(v) Establishing cooperative working relationships among public
25agencies with responsibility for flood protection.

26(C) Establish a set of feasible implementation measures designed
27to carry out the goals, policies, and objectives established pursuant
28to subparagraph (B).

29(3) Upon the next revision of the housing element on or after
30January 1, 2014, the safety element shall be reviewed and updated
31as necessary to address the risk of fire for land classified as state
32responsibility areas, as defined in Section 4102 of the Public
33Resources Code, and land classified as very high fire hazard
34severity zones, as defined in Section 51177. This review shall
35consider the advice included in the Office of Planning and
36Research’s most recent publication of “Fire Hazard Planning,
37General Plan Technical Advice Series” and shall also include all
38of the following:

39(A) Information regarding fire hazards, including, but not limited
40to, all of the following:

P31   1(i) Fire hazard severity zone maps available from the Department
2of Forestry and Fire Protection.

3(ii)  Any historical data on wildfires available from local
4agencies or a reference to where the data can be found.

5(iii) Information about wildfire hazard areas that may be
6available from the United States Geological Survey.

7(iv) General location and distribution of existing and planned
8uses of land in very high fire hazard severity zones and in state
9responsibility areas, including structures, roads, utilities, and
10essential public facilities. The location and distribution of planned
11uses of land shall not require defensible space compliance measures
12required by state law or local ordinance to occur on publicly owned
13lands or open space designations of homeowner associations.

14(v) Local, state, and federal agencies with responsibility for fire
15protection, including special districts and local offices of
16emergency services.

17(B) A set of goals, policies, and objectives based on the
18information identified pursuant to subparagraph (A) for the
19protection of the community from the unreasonable risk of wildfire.

20(C) A set of feasible implementation measures designed to carry
21out the goals, policies, and objectives based on the information
22identified pursuant to subparagraph (B) including, but not limited
23to, all of the following:

24(i) Avoiding or minimizing the wildfire hazards associated with
25new uses of land.

26(ii) Locating, when feasible, new essential public facilities
27outside of high fire risk areas, including, but not limited to,
28hospitals and health care facilities, emergency shelters, emergency
29command centers, and emergency communications facilities, or
30identifying construction methods or other methods to minimize
31damage if these facilities are located in a state responsibility area
32or very high fire hazard severity zone.

33(iii) Designing adequate infrastructure if a new development is
34located in a state responsibility area or in a very high fire hazard
35severity zone, including safe access for emergency response
36vehicles, visible street signs, and water supplies for structural fire
37suppression.

38(iv) Working cooperatively with public agencies with
39responsibility for fire protection.

P32   1(D) If a city or county has adopted a fire safety plan or document
2separate from the general plan, an attachment of, or reference to,
3a city or county’s adopted fire safety plan or document that fulfills
4commensurate goals and objectives and contains information
5required pursuant to this paragraph.

6(4) Upon the next revision of a local hazard mitigation plan,
7adopted in accordance with the federal Disaster Mitigation Act of
82000 (Public Law 106-390), on or after January 1, 2017, or, if a
9local jurisdiction has not adopted a local hazard mitigation plan,
10beginning on or before January 1, 2022, the safety element shall
11be reviewed and updated as necessary to address climate adaptation
12and resiliency strategies applicable to the city or county. This
13review shall consider advice provided in the Office of Planning
14and Research’s General Plan Guidelines and shall include all of
15the following:

16(A) (i) A vulnerability assessment that identifies the risks that
17climate change poses to the local jurisdiction and the geographic
18areas at risk from climate change impacts, including, but not limited
19to, an assessment of how climate change may affect the risks
20addressed pursuant to paragraphs (2) and (3).

21(ii) Information that may be available from federal, state,
22regional, and local agencies that will assist in developing the
23vulnerability assessment and the adaptation policies and strategies
24required pursuant to subparagraph (B), including, but not limited
25to, all of the following:

26(I) Information from the Internet-based Cal-Adapt tool.

27(II) Information from the most recent version of the California
28Adaptation Planning Guide.

29(III) Information from local agencies on the types of assets,
30resources, and populations that will be sensitive to various climate
31change exposures.

32(IV) Information from local agencies on their current ability to
33deal with the impacts of climate change.

34(V) Historical data on natural events and hazards, including
35locally prepared maps of areas subject to previous risk, areas that
36are vulnerable, and sites that have been repeatedly damaged.

37(VI) Existing and planned development in identified at-risk
38areas, including structures, roads, utilities, and essential public
39facilities.

P33   1(VII) Federal, state, regional, and local agencies with
2responsibility for the protection of public health and safety and
3the environment, including special districts and local offices of
4emergency services.

5(B) A set of adaptation and resilience goals, policies, and
6objectives based on the information specified in subparagraph (A)
7for the protection of the community.

8(C) A set of feasible implementation measures designed to carry
9out the goals, policies, and objectives identified pursuant to
10subparagraph (B) including, but not limited to, all of the following:

11(i) Feasible methods to avoid or minimize climate change
12impacts associated with new uses of land.

13(ii) The location, when feasible, of new essential public facilities
14outside of at-risk areas, including, but not limited to, hospitals and
15health care facilities, emergency shelters, emergency command
16centers, and emergency communications facilities, or identifying
17construction methods or other methods to minimize damage if
18these facilities are located in at-risk areas.

19(iii) The designation of adequate and feasible infrastructure
20located in an at-risk area.

21(iv) Guidelines for working cooperatively with relevant local,
22regional, state, and federal agencies.

23(v) The identification of natural infrastructure that may be used
24in adaptation projects, where feasible. Where feasible, the plan
25shall use existing natural features and ecosystem processes, or the
26restoration of natural features and ecosystem processes, when
27developing alternatives for consideration. For the purposes of this
28clause, “natural infrastructure” means the preservation or
29restoration of ecological systems, or utilization of engineered
30systems that use ecological processes, to increase resiliency to
31climate change, manage other environmental hazards, or both.
32This may include, but is not limited to, floodplain and wetlands
33restoration or preservation, combining levees with restored natural
34systems to reduce flood risk, and urban tree planting to mitigate
35high heat days.

36(D) (i) If a city or county has adopted the local hazard
37mitigation plan, or other climate adaptation plan or document that
38fulfills commensurate goals and objectives and contains the
39information required pursuant to this paragraph, separate from the
P34   1general plan, an attachment of, or reference to, the local hazard
2mitigation plan or other climate adaptation plan or document.

3(ii) Cities or counties that have an adopted hazard mitigation
4plan, or other climate adaptation plan or document that substantially
5 complies with this section, or have substantially equivalent
6provisions to this subdivision in their general plans, may use that
7information in the safety element to comply with this subdivision,
8and shall summarize and incorporate by reference into the safety
9element the other general plan provisions, climate adaptation plan
10or document, specifically showing how each requirement of this
11subdivision has been met.

12(5) After the initial revision of the safety element pursuant to
13paragraphs (2) and (3), upon each revision of the housing element,
14the planning agency shall review and, if necessary, revise the safety
15element to identify new information that was not available during
16the previous revision of the safety element.

17(6) Cities and counties that have flood plain management
18ordinances that have been approved by FEMA that substantially
19comply with this section, or have substantially equivalent
20provisions to this subdivision in their general plans, may use that
21information in the safety element to comply with this subdivision,
22and shall summarize and incorporate by reference into the safety
23element the other general plan provisions or the flood plain
24ordinance, specifically showing how each requirement of this
25subdivision has been met.

26(7) Prior to the periodic review of its general plan and prior to
27preparing or revising its safety element, each city and county shall
28consult the California Geological Survey of the Department of
29Conservation, the Central Valley Flood Protection Board, if the
30city or county is located within the boundaries of the Sacramento
31and San Joaquin Drainage District, as set forth in Section 8501 of
32the Water Code, and the Office of Emergency Services for the
33purpose of including information known by and available to the
34department, the agency, and the board required by this subdivision.

35(8) To the extent that a county’s safety element is sufficiently
36detailed and contains appropriate policies and programs for
37adoption by a city, a city may adopt that portion of the county’s
38safety element that pertains to the city’s planning area in
39satisfaction of the requirement imposed by this subdivision.

P35   1begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 67661 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert

3

67661.  

The following may serve as ex officio nonvoting
4members of the board:

5(a) A representative appointed by the Monterey Peninsula
6Community College District.

7(b) A representative appointed by the Monterey Peninsula
8Unified School District.

9(c) A representative designated by the Member of Congress
10begin delete from the 17thend deletebegin insert that has the majority portion of Ford Ord in his or
11herend insert
Congressional District.

12(d) A representative designated by the Senatorbegin delete from the 15thend delete
13begin insert that has the majority portion of Ford Ord in his or herend insert Senate
14District.

15(e) A representative designated by the Assembly Memberbegin delete from
16the 27thend delete
begin insert that has the majority portion of Ford Ord in his or herend insert
17 Assembly District.

18(f) A representative designated by the United States Army.

19(g) A representative designated by the Chancellor of the
20California State University.

21(h) A representative designated by the President of the
22University of California.

23(i) A representative designated by the Monterey County Water
24Resources Agency.

25(j) A representative designated by the Transportation Agency
26of Monterey County.

27begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 5471 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
28amended to read:end insert

29

5471.  

(a) In addition to the powers granted in the principal
30act, any entity shall have power, by an ordinancebegin insert or resolutionend insert
31 approved by a two-thirds vote of the members of the legislative
32body thereof, to prescribe, revise and collect, fees, tolls, rates,
33rentals, or other charges for services and facilities furnished by it,
34either within or without its territorial limits, in connection with its
35water, sanitation, storm drainage, or sewerage system.

36(b) In addition to the powers granted in the principal act, any
37entity shall have power, pursuant to the notice, protest, and hearing
38procedures in Section 53753 of the Government Code, to prescribe,
39revise, and collect water, sewer, or water and sewer standby or
40immediate availability charges for services and facilities furnished
P36   1by it, either within or without its territorial limits, in connection
2with its water, sanitation, storm drainage, or sewerage system.

3(c) The entity may provide that the charge for the service shall
4be collected with the rates, tolls, and charges for any other utility,
5and that any or all of these charges may be billed upon the same
6bill. Where the charge is to be collected with the charges for any
7other utility service furnished by a department or agency of the
8entity and over which its legislative body does not exercise control,
9the consent of the department or agency shall be obtained prior to
10collecting water, sanitation, storm drainage, or sewerage charges
11with the charges for any other utility. Revenues derived under the
12provisions in this section, shall be used only for the acquisition,
13construction, reconstruction, maintenance, and operation of water
14systems and sanitation, storm drainage, or sewerage facilities, to
15repay principal and interest on bonds issued for the construction
16or reconstruction of these water systems and sanitary, storm
17drainage, or sewerage facilities and to repay federal or state loans
18or advances made to the entity for the construction or
19reconstruction of water systems and sanitary, storm drainage, or
20sewerage facilities. However, the revenue shall not be used for the
21acquisition or construction of new local street sewers or laterals
22as distinguished from main trunk, interceptor and outfall sewers.

23(d) If the procedures set forth in this section as it read at the
24time a standby charge was established were followed, the entity
25may, by ordinancebegin insert or resolutionend insert adopted by a two-thirds vote of
26the members of the legislative body thereof, continue the charge
27pursuant to this section in successive years at the same rate. If new,
28increased, or extended assessments are proposed, the entity shall
29comply with the notice, protest, and hearing procedures in Section
3053753 of the Government Code.

31begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 5473 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
32amended to read:end insert

33

5473.  

Any entity which has adopted an ordinancebegin insert or resolutionend insert
34 pursuant to this article or an order pursuant to Section 6520.5 may,
35by such ordinancebegin insert or resolutionend insert or by separate ordinances or
36resolutions approved by a two-thirds vote of the members of the
37legislative body thereof, elect to have such charges collected on
38the tax roll in the same manner, by the same persons, and at the
39same time as, together with and not separately from, its general
40taxes. In such event, it shall cause a written report to be prepared
P37   1each year and filed with the clerk, which shall contain a description
2of each parcel of real property receiving such services and facilities
3and the amount of the charge for each parcel for the year, computed
4in conformity with the charges prescribed by the ordinance or
5resolution.

6Any ordinance or resolution adopted pursuant to this section
7authorizing the collection of charges on the tax roll shall remain
8in effect for the time specified in the ordinance or resolution or, if
9no time is specified in the ordinance or resolution, until repealed
10or until a change is made in the rates charged by the entity.

11The powers authorized by this section shall be alternative to all
12other powers of any entity, and alternative to other procedures
13adopted by the legislative body thereof for the collection of such
14charges.

15The real property may be described by reference to maps
16prepared in accordance with Section 327, Revenue and Taxation
17Code, and on file in the office of the county assessor or by
18reference to plats or maps on file in the office of the clerk.

19begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 5474 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
20amended to read:end insert

21

5474.  

An entity shall have the power by ordinancebegin insert or resolutionend insert
22 approved by two-thirds vote of the members of the legislative body
23thereof to fix fees or charges for the privilege of connecting to its
24sanitation or sewerage facilities and improvements constructed by
25the entity pursuant to Sections 5463 and 5464, to fix the time or
26times at which the fees or charges shall become due, to provide
27for the payment of the fees or charges prior to connection or in
28installments over a period of not to exceed 30 years, to provide
29the rate of interest, not to exceed 12 percent per annum, to be
30charged on the unpaid balance of the fees or charges, and to provide
31that the amount of the fees or charges and the interest thereon shall
32constitute a lien against the respective lots or parcels of land to
33which the facilities are connected at the time and in the manner
34specified in Sections 5473.5 and 5473.8. Prior to making the fees
35or charges a lien against the land, the legislative body shall give
36notice to the owners of the lots or parcels of land affected, and the
37notice shall set forth all of the following:

38(a) The schedule of fees or charges to be imposed by the entity.

39(b) A description of the property subject to the fees or charges,
40which description may be by reference to a plat or diagram on file
P38   1in the office of the clerk of the legislative body, or to maps prepared
2in accordance with Section 327 of the Revenue and Taxation Code,
3and on file in the office of the county assessor.

4(c) The time or times at which the fees or charges shall become
5due.

6(d) The number of installments in which the fees or charges
7shall be payable.

8(e) The rate of interest, not to exceed 12 percent per annum, to
9be charged on the unpaid balance of the fees or charges.

10(f) That it is proposed that the fees or charges and interest
11thereon shall constitute a lien against the lots or parcels of land to
12which the facilities are furnished.

13(g) The time and place at which the legislative body will hold
14a hearing at which persons may appear and present any and all
15objections they may have to the imposition of the fees or charges
16as a lien against the land.

17begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 5474.8 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
18amended to read:end insert

19

5474.8.  

Fees or charges imposed by an entity by ordinancebegin insert or
20resolutionend insert
adopted pursuant to Section 5474 may differ in amount
21or method of computation from fees or charges imposed by any
22other ordinancebegin insert or resolutionend insert of such entity adopted pursuant to
23said Section 5474.

24

begin deleteSEC. 3.end delete
25
begin insertSEC. 18.end insert  

Section 13822 of the Health and Safety Code is
26amended to read:

27

13822.  

Once the chief petitioners have filed a sufficient petition
28or a legislative body has filed a resolution of application, the local
29agency formation commission shall proceed pursuant to Chapter
305 (commencing with Section 56825) of Part 3 of Division 3 of
31Title 5 of the Government Code.

32

begin deleteSEC. 4.end delete
33
begin insertSEC. 19.end insert  

Section 22161 of the Public Contract Code, as
34amended by Section 2 of Chapter 715 of the Statutes of 2015, is
35amended to read:

36

22161.  

For purposes of this chapter, the following definitions
37apply:

38(a) “Best value” means a value determined by evaluation of
39objective criteria that relate to price, features, functions, life-cycle
40costs, experience, and past performance. A best value determination
P39   1may involve the selection of the lowest cost proposal meeting the
2interests of the local agency and meeting the objectives of the
3project, selection of the best proposal for a stipulated sum
4established by the procuring agency, or a tradeoff between price
5and other specified factors.

6(b) “Construction subcontract” means each subcontract awarded
7by the design-build entity to a subcontractor that will perform work
8or labor or render service to the design-build entity in or about the
9construction of the work or improvement, or a subcontractor
10licensed by the State of California that, under subcontract to the
11design-build entity, specially fabricates and installs a portion of
12the work or improvement according to detailed drawings contained
13in the plans and specifications produced by the design-build team.

14(c) “Design-build” means a project delivery process in which
15both the design and construction of a project are procured from a
16single entity.

17(d) “Design-build entity” means a corporation, limited liability
18company, partnership, joint venture, or other legal entity that is
19able to provide appropriately licensed contracting, architectural,
20and engineering services as needed pursuant to a design-build
21contract.

22(e) “Design-build team” means the design-build entity itself
23and the individuals and other entities identified by the design-build
24entity as members of its team. Members shall include the general
25contractor and, if utilized in the design of the project, all electrical,
26mechanical, and plumbing contractors.

27(f) “Local agency” means the following:

28(1) A city, county, or city and county.

29(2) A special district that operates wastewater facilities, solid
30waste management facilities, water recycling facilities, or fire
31protection facilities.

32(3) Any transit district, included transit district, municipal
33operator, included municipal operator, any consolidated agency,
34as described in Section 132353.1 of the Public Utilities Code, any
35joint powers authority formed to provide transit service, any county
36transportation commission created pursuant to Section 130050 of
37the Public Utilities Code, or any other local or regional agency,
38responsible for the construction of transit projects.

39(4) The San Diego Association of Governments, as referenced
40in the San Diego Regional Transportation Consolidation Act
P40   1(Chapter 3 (commencing with Section 132350) of Division 12.7
2of the Public Utilities Code).

3(g) (1) For a local agency defined in paragraph (1) of
4subdivision (f), “project” means the construction of a building or
5buildings and improvements directly related to the construction
6of a building or buildings, county sanitation wastewater treatment
7 facilities, and park and recreational facilities, but does not include
8the construction of other infrastructure, including, but not limited
9to, streets and highways, public rail transit, or water resources
10facilities and infrastructure. For a local agency defined in paragraph
11(1) of subdivision (f) that operates wastewater facilities, solid waste
12management facilities, or water recycling facilities, “project” also
13means the construction of regional and local wastewater treatment
14facilities, regional and local solid waste facilities, or regional and
15local water recycling facilities.

16(2) For a local agency defined in paragraph (2) of subdivision
17(f), “project” means the construction of regional and local
18wastewater treatment facilities, regional and local solid waste
19facilities, regional and local water recycling facilities, or fire
20protection facilities.

21(3) For a local agency defined in paragraph (3) of subdivision
22(f), “project” means a transit capital project that begins a project
23solicitation on or after January 1, 2015. A “project,” as defined by
24this paragraph, that begins the solicitation process before January
251, 2015, is subject to Article 6.8 (commencing with Section
2620209.5) of Chapter 1. “Project,” as defined by this paragraph,
27does not include state highway construction or local street and
28road projects.

29(4) For a local agency defined in paragraph (4) of subdivision
30(f), “project” has the same meaning as in paragraph (3), and in
31addition shall include development projects adjacent, or physically
32or functionally related, to transit facilities developed or jointly
33developed by the local agency.

34begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 11005 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
35amended to read:end insert

36

11005.  

After payment of refunds therefrom and after making
37the deductions authorized by Section 11003 and reserving the
38amount determined necessary by the Pooled Money Investment
39Board to meet the transfers ordered or proposed to be ordered
40pursuant to Section 16310 of the Government Code, the balance
P41   1of all motor vehicle license fees and any other money appropriated
2by law for expenditure pursuant to this section, deposited to the
3credit of the Motor Vehicle License Fee Account in the
4Transportation Tax Fund, and remaining unexpended in that
5account at the close of business on the last day of the calendar
6month, shall be allocated by the Controller by the 10th day of the
7following month in accordance with the following:

8(a) On and after July 1, 2011, to the Local Law Enforcement
9Services Account in the Local Revenue Fund 2011, as established
10by Section 30025 of the Government Code, for allocation to cities,
11counties, and cities and counties.

12(b) On or after July 1, 2004, but before July 1, 2011:

13(1) First, to the County of Orange. For the 2004-05 fiscal year,
14that county shall be allocated fifty-four million dollars
15($54,000,000) in monthly installments. For the 2005-06 fiscal year
16and each fiscal year thereafter, that county shall receive, in monthly
17installments, an amount equal to the amount allocated under this
18section for the prior fiscal year, adjusted for the percentage change
19in the amount of revenues credited to the Motor Vehicle License
20Fee Account in the Transportation Tax Fund from the revenues
21credited to that account in the prior fiscal year. Moneys allocated
22to the County of Orange under this subdivision shall be used first
23for the service of indebtedness as provided in paragraph (1) of
24subdivision (a) of Section 11001.5. Any amounts in excess of the
25amount required for this service of indebtedness may be used by
26that county for any lawful purpose.

27(2) Second, to each city, the population of which is determined
28under Section 11005.3 on August 5, 2004, in an amount equal to
29the additional amount of vehicle license fee revenue, including
30offset transfers, that would be allocated to that city under Sections
3111000 and 11005, as those sections read on January 1, 2004, as a
32result of that city’s population being determined under subdivision
33(a) or (b) of Section 11005.3.

34(3) Third, to each city that was incorporated from an
35unincorporated territory after August 5, 2004, in an amount equal
36to the product of the following two amounts:

37(A) The quotient derived from the following fraction:

38(i) The numerator is the product of the following two amounts:

39(I) Fifty dollars ($50) per year.

P42   1(II) The fraction determined as the total amount of vehicle
2license fee revenue collected during the most recent fiscal year
3divided by the total amount of vehicle license fee revenue collected
4during the 2004-05 fiscal year.

5(ii) The denominator is the fraction determined as the actual
6population, as defined in subdivisionbegin delete (e)end deletebegin insert (d)end insert of Section 11005.3,
7of all cities during the most recent fiscal year, divided by the actual
8population, as defined in subdivisionbegin delete (e)end deletebegin insert (d)end insert of Section 11005.3,
9of all cities in the 2004-05 fiscal year.

10(B) The city’s population determined in accordance with Section
1111005.3.

12(4) Fourth, to each city that was incorporated before August 5,
132004, in an amount equal to the product of the following two
14amounts:

15(A) The quotient derived from the following fraction:

16(i) The numerator is the product of the following two amounts:

17(I) Fifty dollars ($50) per year.

18(II) The fraction determined as the total amount of vehicle
19license fee revenue collected during the most recent fiscal year
20divided by the total amount of vehicle license fee revenue collected
21during the 2004-05 fiscal year.

22(ii) The denominator is the fraction determined as the actual
23population, as defined in subdivisionbegin delete (e)end deletebegin insert (d)end insert of Section 11005.3,
24of all cities during the most recent fiscal year, divided by the actual
25population, as defined in subdivisionbegin delete (e)end deletebegin insert (d)end insert of Section 11005.3,
26of all cities in the 2004-05 fiscal year.

27(B) The actual population, as defined in subdivisionbegin delete (e)end deletebegin insert (d)end insert of
28Section 11005.3, residing in areas annexed after August 5, 2004,
29as of the date of annexation.

30(5)  Fifth, to the cities and cities and counties of this state in the
31proportion that the population of each city or city and county bears
32to the total population of all cities and cities and counties in this
33state, as determined by the Demographic Research Unit of the
34Department of Finance. For the purpose of this subdivision, the
35population of each city or city and county shall be determined in
36accordance with Section 11005.3.

37

begin deleteSEC. 5.end delete
38
begin insertSEC. 21.end insert  

Section 11005.3 of the Revenue and Taxation Code
39 is amended to read:

P43   1

11005.3.  

(a) In the case of a city that incorporated on or after
2January 1, 1987, and before August 5, 2004, the Controller shall
3determine that the population of the city for its first 10 full fiscal
4years, and any portion of the first year in which the incorporation
5is effective if less than a full fiscal year, is the greater of either:

6(1) The number of registered voters in the city multiplied by
7three. The number of registered voters shall be calculated as of the
8effective date of the incorporation of the city.

9(2) The actual population, as defined in subdivision (d).

10(b) In the case of a city that incorporated on or after January 1,
111987, and before August 5, 2004, and for which the application
12for incorporation was filed with the executive officer of the local
13agency formation commission pursuant to subdivision (a) of
14Section 56828 of the Government Code on or after January 1,
151991, the Controller shall determine that the population of the city
16for its first seven full fiscal years, and any portion of the first year
17in which the incorporation is effective if less than a full fiscal year,
18is the greater of either:

19(1) The number of registered voters in the city multiplied by
20three. The number of registered voters shall be calculated as of the
21effective date of the incorporation of the city.

22(2) The actual population, as defined in subdivision (d).

23(c) In the case of a city that was incorporated from
24unincorporated territory after August 5, 2004, the Controller shall
25determine the population of the city as follows:

26(1) For its first 12 months, 150 percent of the city’s actual
27population.

28(2) For its 13th through 24th months, 140 percent of the city’s
29actual population.

30(3) For its 25th through 36th months, 130 percent of the city’s
31actual population.

32(4) For its 37th through 48th months, 120 percent of the city’s
33actual population.

34(5) For its 49th through 60th months, 110 percent of the city’s
35actual population.

36(6) After its 60th month, the city’s actual population.

37(d) For purposes of this section, “actual population” means the
38population determined by the last federal decennial or special
39census, or a subsequent census validated by the Demographic
40Research Unit of the Department of Finance or subsequent estimate
P44   1prepared pursuant to Section 2107.2 of the Streets and Highways
2Code.

3(e)  In the case of unincorporated territory being annexed to a
4city, during the 10-year, seven-year, or five-year period following
5incorporation, as the case may be, subsequent to the last federal
6census, or a subsequent census validated by the Demographic
7Research Unit of the Department of Finance, the unit shall
8determine the population of the annexed territory by the use of
9any federal decennial or special census or any estimate prepared
10 pursuant to Section 2107.2 of the Streets and Highways Code. The
11population of the annexed territory as determined by the
12Demographic Research Unit shall be added to the city’s population
13as previously determined by the Controller pursuant to paragraph
14(1) or (2) of subdivision (a), paragraph (1) or (2) of subdivision
15(b), or subdivision (c), as applicable.

16(f) After the 10-year, seven-year, or five-year period following
17incorporation, as the case may be, the Controller shall determine
18the population of the city as the city’s actual population, as defined
19in subdivision (d).

20(g) The amendments made to this section by the act adding this
21subdivision shall not apply with respect to either of the following:

22(1) Any city that has adopted an ordinance or resolution,
23approved a ballot measure, or is subject to a consent decree or
24court order, that annually limits the number of housing units that
25may be constructed within the city.

26(2) Any city that has not prepared and adopted a housing element
27in compliance with Section 65585 of the Government Code.

28(h) This section shall become operative July 1, 1991.

29begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 19201 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
30amended to read:end insert

31

19201.  

If any amount due under Part 10 (commencing with
32Section 17001), Part 11 (commencing with Section 23001), or any
33amount that may be collected by the Franchise Tax Board as though
34it were a tax, is not paid, the Franchise Tax Board may file in the
35Office of thebegin delete Countyend delete Clerkbegin insert of the Courtend insert of Sacramento County,
36or any other county, a certificate specifying the amount due, the
37name and last known address of the taxpayer liable for the amount
38due, and the fact that the Franchise Tax Board has complied with
39all provisions of the law in the computation and levy of the amount
P45   1due, and a request that judgment be entered against the taxpayer
2in the amount set forth in the certificate.

3begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 19202 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
4amended to read:end insert

5

19202.  

Thebegin delete county clerkend deletebegin insert Clerk of the Courtend insert immediately upon
6the filing of the certificate shall enter a judgment for the people
7of the State of California against the taxpayer in the amount set
8forth in the certificate. Thebegin delete county clerkend deletebegin insert Clerk of the Courtend insert may
9file the judgment in a loose-leaf book entitled “Personal Income
10Tax Judgments” or “Bank and Corporation Tax Judgments,” as
11appropriate.

12

begin deleteSEC. 6.end delete
13
begin insertSEC. 24.end insert  

Section 2105 of the Streets and Highways Code is
14amended to read:

15

2105.  

Notwithstanding Section 13340 of the Government Code,
16in addition to the apportionments prescribed by Sections 2104,
172106, and 2107, from the revenues derived from a per gallon tax
18imposed pursuant to Section 7360 of the Revenue and Taxation
19Code, and a per gallon tax imposed pursuant to Sections 8651,
208651.5, and 8651.6 of the Revenue and Taxation Code, and a per
21gallon tax imposed pursuant to Sections 60050 and 60115 of the
22Revenue and Taxation Code, the following apportionments shall
23be made:

24(a) A sum equal to 1.035 cents ($0.01035) per gallon from the
25tax under Section 7360 of the Revenue and Taxation Code, 11.5
26percent of any per gallon tax in excess of nine cents ($0.09) per
27gallon under Sections 8651, 8651.5, and 8651.6 of the Revenue
28and Taxation Code, and 1.035 cents ($0.01035) per gallon from
29the tax under Sections 60050 and 60115 of the Revenue and
30Taxation Code, shall be apportioned among the counties, including
31a city and county.

32The amount of apportionment to each county, including a city
33and county, during a fiscal year shall be calculated as follows:

34(1) One million dollars ($1,000,000) for apportionment to all
35counties, including a city and county, in proportion to each county’s
36receipts during the prior fiscal year under Sections 2104 and 2106.

37(2) One million dollars ($1,000,000) for apportionment to all
38counties, including a city and county, as follows:

39(A) Seventy-five percent in the proportion that the number of
40fee-paid and exempt vehicles which are registered in the county
P46   1bears to the number of fee-paid and exempt vehicles registered in
2the state.

3(B) Twenty-five percent in the proportion that the number of
4miles of maintained county roads in the county bears to the miles
5of maintained county roads in the state.

6(3) For each county, determine its factor which is the higher
7amount calculated pursuant to paragraph (1) or (2) divided by the
8sum of the higher amounts for all of the counties.

9(4) The amount to be apportioned to each county is equal to its
10factor multiplied by the amount available for apportionment.

11(b) A sum equal to 1.035 cents ($0.01035) per gallon from the
12tax under Section 7360 of the Revenue and Taxation Code, 11.5
13percent of any per gallon tax in excess of nine cents ($0.09) per
14gallon underbegin delete Section 8651end deletebegin insert Sections 8651, 8651.5, and 8651.6end insert of
15the Revenue and Taxation Code, and 1.035 cents ($0.01035) per
16gallon from the tax under Sections 60050 and 60115 of the
17Revenue and Taxation Code, shall be apportioned to cities,
18including a city and county, in the proportion that the total
19population of the city bears to the total population of all the cities
20in the state.

21(c) (1) Transfers of revenues from the Highway Users Tax
22Account to counties or cities pursuant to this section collected
23during the months of March, April, May, June, and July of 2008,
24shall be made with the transfer of August 2008 revenues in
25September of 2008. This suspension shall not apply to a county
26with a population of less than 40,000.

27(2) For the purpose of meeting the cash obligations associated
28with ongoing budgeted costs, a city or county may make use of
29any cash balance in the city account that is designated for the
30receipt of state funds allocated for local streets and roads or the
31county road fund, including that resulting from the receipt of funds
32pursuant to the Highway Safety, Traffic Reduction, Air Quality,
33and Port Security Bond Act of 2006 (Chapter 12.49 (commencing
34with Section 8879.20) of Division 1 of Title 2 of the Government
35Code (hereafter bond act)) for local streets and roads maintenance,
36during the period of this suspension, without the use of this cash
37being reflected as an expenditure of bond act funds, provided the
38cash is replaced once this suspension is repaid in September of
392008. Counties and cities may accrue the revenue received in
40 September 2008 as repayment of these suspensions for the months
P47   1of April, May, and June of 2008 back to the 2007-08 fiscal year.
2Nothing in this paragraph shall change the fact that expenditures
3must be accrued and reflected from the appropriate funding sources
4for which the moneys were received and meet all the requirements
5of those funding sources.

6(d) (1) The transfer of revenues from the Highway Users Tax
7Account to counties or cities pursuant to this section collected
8during the months of January, February, and March 2009 shall be
9made with the transfer of April 2009 revenues in May 2009.

10(2) For the purpose of meeting the cash obligations associated
11with ongoing budgeted costs, a city or county may make use of
12any cash balance in the city account that is designated for the
13receipt of state funds allocated for local streets and roads or the
14county road fund, including that resulting from the receipt of funds
15pursuant to the Highway Safety, Traffic Reduction, Air Quality,
16and Port Security Bond Act of 2006 (Chapter 12.49 (commencing
17with Section 8879.20) of Division 1 of Title 2 of the Government
18Code (bond act)) for local streets and roads maintenance, during
19the period of this suspension, and the use of this cash shall not be
20considered as an expenditure of bond act funds, if the cash is
21replaced when the payments that are suspended pursuant to this
22subdivision are repaid in May 2009.

23(3) This subdivision shall not affect any requirement that an
24expenditure is required to be accrued and reflected from the
25appropriate funding source for which the money was received and
26to meet all the requirements of its funding source.

27begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 7.3 of the end insertbegin insertKern County Water Agency Actend insert
28
begin insert (Chapter 1003 of the Statutes of 1961), as amended by Section 2
29of Chapter 832 of the Statutes of 1972, is repealed.end insert

begin delete
30

Sec. 7.3.  

Unless previously approved by the board of
31supervisors, no tax or assessment shall be levied hereunder, no
32zone of benefit shall be created pursuant to Section 14.2 hereof,
33and no expenditure of funds unless previously approved in the
34form of a budget by the board of supervisors shall be made. The
35board of supervisors may, in connection with any of the foregoing,
36conduct public hearings. Such hearings shall be declared by a
37resolution specifying the purpose and the day, hour, and place
38where all interested persons may appear and be heard. This
39resolution shall be published in the agency pursuant to Section
406063 of the Government Code in a newspaper of general circulation
P48   1in the agency. The hearing may be adjourned from time to time at
2the discretion of the board of supervisors and at its conclusion the
3board of supervisors shall declare its decision.

end delete
4begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 7.6 of the end insertbegin insertKern County Water Agency Actend insert
5
begin insert (Chapter 1003 of the Statutes of 1961), as added by Section 2 of
6Chapter 49 of the Statutes of 1982, is amended to read:end insert

7

Sec. 7.6.  

begin insert(a)end insertbegin insertend insert The board of directors shall not approve an
8agency budgetbegin delete or submit it to the board of supervisors for approvalend delete
9 unless the board has first conducted a public hearing.

begin delete

10The

end delete

11begin insert(b)end insertbegin insertend insertbegin insertTheend insert board shall publish a notice of the hearing pursuant to
12Section 6066 of the Government Code.

13begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 8 of the end insertbegin insertKern County Water Agency Actend insert
14
begin insert (Chapter 1003 of the Statutes of 1961) is repealed.end insert

begin delete
15

Sec. 8.  

If the county surveyor is a registered civil engineer and
16is employed to supervise the engineering work of the agency, the
17board may provide compensation for his services in addition to
18his salary as county surveyor which shall be payable from the
19funds of the agency. The board may employ the county counsel
20as the attorney for the agency and may provide compensation for
21his services in addition to his salary as county counsel which shall
22be payable from the funds of the agency. All other officers of the
23county, and their assistants, deputies, clerks, and employees, shall
24be ex officio officers, assistants, deputies, clerks and employees
25respectively of the agency, and shall perform, unless otherwise
26provided by the board, the same duties for the agency as performed
27for the county.

end delete
begin insert
28

begin insertSEC. 28.end insert  

If the Commission on State Mandates determines that
29this act contains costs mandated by the state, reimbursement to
30local agencies and school districts for those costs shall be made
31pursuant to Part 7 (commencing with Section 17500) of Division
324 of Title 2 of the Government Code.

end insert


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