Amended in Assembly August 4, 2016

Amended in Assembly June 2, 2016

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 Section 8770 of the Business and Professions Code, to amend Sections 6107, 8205, 8206, 8213, 8213.5, 8311, 15606.1, 40805, 53087.7, 53601, 65091, 65302, and 67661 of the Government Code, to amend Sections 5471, 5473, 5474, 5474.8, and 13822 of the Health and Safety Code, to amend Section 22161 of the Public Contract Code, to amend Sections 11005, 11005.3, 19201, and 19202 of the Revenue and Taxation Code, to amend Sections 2105, 36601, 36606, 36610, 36625, and 36670 of the Streets and Highways Code, 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), relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

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

(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.

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

(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.

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.

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

(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.

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.

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.

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

(4) Existing law requires the State Board of Equalization to, among other things, prescribe rules and regulations to govern local boards of equalization and to prepare and issue instructions to assessors designed to promote uniformity throughout the state, as provided. Existing law requires that these duties, rules, regulations, and instructions include provisions for mobilehomes which are subject to local property taxation.

This bill would additionally require that these duties, rules, regulations, and instructions include provisions for floating homes which are subject to local property taxation.

(5) 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.

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.

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.

(6) Existing law prohibits a city, including a charter city, county, or city and county, from enacting or enforcing any ordinance or regulation, other than certain reasonable restrictions, that prohibits the installation of drought tolerant landscaping, synthetic grass, or artificial turf on residential property, as specified. Existing law provides that this is an issue of statewide concern.

This bill would authorize a city, including a charter city, county, or city and county, to impose reasonable restrictions on the installation or design of synthetic grass or artificial turf within the dripline of a tree protected by local ordinance.

(7) 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).

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

(8) The Planning and Zoning Law 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.

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.

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.

The Planning and Zoning Law also requires 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, only to address flooding and fires.

(9) 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.

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.

(10) 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.

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

(11) 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.

(12) 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.

(13) 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, until July 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.

(14) 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.

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

(15) 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.

(16) The Property and Business Improvement District Law of 1994 authorizes cities, counties, cities and counties, and certain joint powers authorities to establish, pursuant to specified procedures, a parking and business improvement district to impose benefit assessments or charges on businesses in the district to fund specified improvements and activities. That law defines “activities” to include services provided for the purpose of conferring special benefit upon assessed businesses and real property located in the district.

This bill would instead define “activities” to include services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district.

The Property and Business Improvement District Law of 1994 prohibits the use of revenue from the levy of assessments within a district to provide improvements, maintenance, or activities outside the district.

This bill would allow the provision of certain improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses. The bill would limit the improvements and activities to be offered outside the district boundaries to marketing or signage pointing to the district.

This bill would make various technical and conforming changes to the Property and Business Improvement District Law of 1994.

(17) 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.

This bill would repeal these provisions relating to county employees.

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.

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

(18) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, 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.

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

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

P8    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.

12

SEC. 2.  

Section 8770 of the Business and Professions Code is
13amended to read:

14

8770.  

The record of survey filed with the county recorder of
15any county shall be securely fastened by the county recorder into
16a suitable book provided for that purpose, or stored in any other
17manner that will ensure that the maps will be kept together.

18The county recorder shall keep proper indexes of such record
19of survey by the name of grant, tract, subdivision, or United States
20subdivision.

21The original map shall be stored for safekeeping in a reproducible
22condition. It shall be proper procedure for the recorder to maintain
23for public reference a set of counter maps that are prints of the
24original maps, and the original maps to be produced for comparison
25upon demand.

26

SEC. 3.  

Section 6107 of the Government Code is amended to
27read:

28

6107.  

(a) A public entity, including the state, a county, city,
29or other political subdivision, or any officer or employee thereof,
30including notaries public, shall not demand or receive any fee or
31compensation for doing any of the following:

32(1) Recording, indexing, or issuing certified copies of any
33discharge, certificate of service, certificate of satisfactory service,
34notice of separation, or report of separation of any member of the
35Armed Forces of the United States.

P9    1(2) Furnishing a certified copy of, or searching for, any public
2record that is to be used in an application or claim for a pension,
3allotment, allowance, compensation, insurance (including automatic
4insurance), or any other benefits under any act of Congress for
5service in the Armed Forces of the United States or under any law
6of this state relating to veterans’ benefits.

7(3) Furnishing a certified copy of, or searching for, any public
8record that is required by the Veterans Administration to be used
9in determining the eligibility of any person to participate in benefits
10made available by the Veterans Administration.

11(4) Rendering any other service in connection with an
12application or claim referred to in paragraph (2) or (3).

13(b) A certified copy of any record referred to in subdivision (a)
14may be made available only to one of the following:

15(1) The person who is the subject of the record upon presentation
16of proper photo identification.

17(2) A family member or legal representative of the person who
18is the subject of the record upon presentation of proper photo
19identification and certification of their relationship to the subject
20of the record.

21(3) A state, county, or city office that provides veterans’ benefits
22services upon written request of that office.

23(4) A United States official upon written request of that official.
24A public officer or employee is liable on his or her official bond
25for failure or refusal to render the services.

26(c) (1) If the county recorder receives a written, faxed, or
27digitized image of a request for a certified copy of any discharge,
28certificate of service, certificate of satisfactory service, notice of
29separation, or report of separation of any member of the Armed
30Forces of the United States referred to in paragraph (1) of
31subdivision (a) that is accompanied by a notarized statement sworn
32under penalty of perjury, or a faxed copy or digitized image of a
33notarized statement sworn under penalty of perjury, that the
34requester meets one of the descriptions in subdivision (b), the
35county recorder may furnish a certified copy to the requester
36pursuant to this section.

37(2) A faxed or digitized image of the notarized statement
38accompanying a faxed or digitized image of a request received
39pursuant to this subdivision for a certified copy of any discharge,
40certificate of service, certificate of satisfactory service, notice of
P10   1separation, or report of separation of any member of the Armed
2Forces of the United States shall be legible. If the notary’s seal is
3not photographically reproducible, or does not show the name of
4the notary, the county of the notary’s principal place of business,
5the notary’s telephone number, the notary’s registration number,
6and the notary’s commission expiration date typed or printed in a
7manner that is photographically reproducible below, or immediately
8adjacent to, the notary’s signature in the acknowledgment, the
9county recorder shall not provide the certified copy. If a request
10for a certified copy of any discharge, certificate of service,
11certificate of satisfactory service, notice of separation, or report
12of separation of any member of the Armed Forces of the United
13States is made in person, the official shall take a statement sworn
14under penalty of perjury that the requester is signing his or her
15own legal name and is an authorized person pursuant to subdivision
16(b), and that official may then furnish a certified copy to the
17applicant.

18(3) For purposes of this subdivision, “digitized image” of a
19request means an image of an original paper request for a certified
20copy of any discharge, certificate of service, certificate of
21satisfactory service, notice of separation, or report of separation
22of any member of the Armed Forces of the United States.

23

SEC. 4.  

Section 8205 of the Government Code is amended to
24read:

25

8205.  

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

26(1) To demand acceptance and payment of foreign and inland
27bills of exchange, or promissory notes, to protest them for
28nonacceptance and nonpayment, and, with regard only to the
29nonacceptance or nonpayment of bills and notes, to exercise any
30other powers and duties that by the law of nations and according
31to commercial usages, or by the laws of any other state,
32government, or country, may be performed by a notary. This
33paragraph applies only to a notary public employed by a financial
34institution, during the course and scope of the notary’s employment
35with the financial institution.

36(2) To take the acknowledgment or proof of advance health care
37 directives, powers of attorney, mortgages, deeds, grants, transfers,
38and other instruments of writing executed by any person, and to
39give a certificate of that proof or acknowledgment, endorsed on
40or attached to the instrument. The certificate shall be signed by
P11   1the notary public in the notary public’s own handwriting. A notary
2public may not accept any acknowledgment or proof of any
3instrument that is incomplete.

4(3) To take depositions and affidavits, and administer oaths and
5affirmations, in all matters incident to the duties of the office, or
6to be used before any court, judge, officer, or board. Any
7deposition, affidavit, oath, or affirmation shall be signed by the
8notary public in the notary public’s own handwriting.

9(4) To certify copies of powers of attorney under Section 4307
10of the Probate Code. The certification shall be signed by the notary
11public in the notary public’s own handwriting.

12(b) It shall further be the duty of a notary public, upon written
13request:

14(1) To furnish to the Secretary of State certified copies of the
15notary’s journal.

16(2) To respond within 30 days of receiving written requests sent
17by certified mail or any other means of physical delivery that
18provides a receipt from the Secretary of State’s office for
19information relating to official acts performed by the notary.

20

SEC. 5.  

Section 8206 of the Government Code is amended to
21read:

22

8206.  

(a) (1) A notary public shall keep one active sequential
23journal at a time, of all official acts performed as a notary public.
24The journal shall be kept in a locked and secured area, under the
25direct and exclusive control of the notary. Failure to secure the
26journal shall be cause for the Secretary of State to take
27administrative action against the commission held by the notary
28public pursuant to Section 8214.1.

29(2) The journal shall be in addition to, and apart from, any copies
30of notarized documents that may be in the possession of the notary
31public and shall include all of the following:

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

33(B) Character of every instrument sworn to, affirmed,
34acknowledged, or proved before the notary.

35(C) The signature of each person whose signature is being
36notarized.

37(D) A statement as to whether the identity of a person making
38an acknowledgment or taking an oath or affirmation was based on
39satisfactory evidence. If identity was established by satisfactory
40evidence pursuant to Section 1185 of the Civil Code, the journal
P12   1shall contain the signature of the credible witness swearing or
2affirming to the identity of the individual or the type of identifying
3document, the governmental agency issuing the document, the
4serial or identifying number of the document, and the date of issue
5or expiration of the document.

6(E) If the identity of the person making the acknowledgment or
7taking the oath or affirmation was established by the oaths or
8affirmations of two credible witnesses whose identities are proven
9to the notary public by presentation of any document satisfying
10the requirements of paragraph (3) or (4) of subdivision (b) of
11Section 1185 of the Civil Code, the notary public shall record in
12the journal the type of documents identifying the witnesses, the
13identifying numbers on the documents identifying the witnesses,
14and the dates of issuance or expiration of the documents identifying
15the witnesses.

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

17(G) If the document to be notarized is a deed, quitclaim deed,
18deed of trust, or other document affecting real property, or a power
19of attorney document, the notary public shall require the party
20signing the document to place his or her right thumbprint in the
21journal. If the right thumbprint is not available, then the notary
22shall have the party use his or her left thumb, or any available
23finger and shall so indicate in the journal. If the party signing the
24document is physically unable to provide a thumbprint or
25fingerprint, the notary shall so indicate in the journal and shall also
26provide an explanation of that physical condition. This paragraph
27shall not apply to a trustee’s deed resulting from a decree of
28foreclosure or a nonjudicial foreclosure pursuant to Section 2924
29of the Civil Code, nor to a deed of reconveyance.

30(b) If a sequential journal of official acts performed by a notary
31public is stolen, lost, misplaced, destroyed, damaged, or otherwise
32rendered unusable as a record of notarial acts and information, the
33notary public shall immediately notify the Secretary of State by
34certified or registered mail or any other means of physical delivery
35that provides a receipt. The notification shall include the period
36of the journal entries, the notary public commission number, and
37the expiration date of the commission, and when applicable, a
38photocopy of any police report that specifies the theft of the
39sequential journal of official acts.

P13   1(c) Upon written request of any member of the public, which
2request shall include the name of the parties, the type of document,
3and the month and year in which notarized, the notary shall supply
4a photostatic copy of the line item representing the requested
5transaction at a cost of not more than thirty cents ($0.30) per page.

6(d) The journal of notarial acts of a notary public is the exclusive
7property of that notary public, and shall not be surrendered to an
8employer upon termination of employment, whether or not the
9employer paid for the journal, or at any other time. The notary
10public shall not surrender the journal to any other person, except
11the county clerk, pursuant to Section 8209, or immediately, or if
12the journal is not present then as soon as possible, upon request to
13a peace officer investigating a criminal offense who has reasonable
14suspicion to believe the journal contains evidence of a criminal
15offense, as defined in Sections 830.1, 830.2, and 830.3 of the Penal
16Code, acting in his or her official capacity and within his or her
17authority. If the peace officer seizes the notary journal, he or she
18must have probable cause as required by the laws of this state and
19the United States. A peace officer or law enforcement agency that
20seizes a notary journal shall notify the Secretary of State by
21facsimile within 24 hours, or as soon as possible thereafter, of the
22name of the notary public whose journal has been seized. The
23notary public shall obtain a receipt for the journal, and shall notify
24the Secretary of State by certified mail any other means of physical
25delivery that provides a receipt within 10 days that the journal was
26relinquished to a peace officer. The notification shall include the
27period of the journal entries, the commission number of the notary
28public, the expiration date of the commission, and a photocopy of
29the receipt. The notary public shall obtain a new sequential journal.
30If the journal relinquished to a peace officer is returned to the
31notary public and a new journal has been obtained, the notary
32 public shall make no new entries in the returned journal. A notary
33public who is an employee shall permit inspection and copying of
34journal transactions by a duly designated auditor or agent of the
35notary public’s employer, provided that the inspection and copying
36is done in the presence of the notary public and the transactions
37are directly associated with the business purposes of the employer.
38The notary public, upon the request of the employer, shall regularly
39provide copies of all transactions that are directly associated with
40the business purposes of the employer, but shall not be required
P14   1to provide copies of any transaction that is unrelated to the
2employer’s business. Confidentiality and safekeeping of any copies
3of the journal provided to the employer shall be the responsibility
4of that employer.

5(e) The notary public shall provide the journal for examination
6and copying in the presence of the notary public upon receipt of
7a subpoena duces tecum or a court order, and shall certify those
8copies if requested.

9(f) Any applicable requirements of, or exceptions to, state and
10federal law shall apply to a peace officer engaged in the search or
11seizure of a sequential journal.

12

SEC. 6.  

Section 8213 of the Government Code is amended to
13read:

14

8213.  

(a) No later than 30 days after the beginning of the term
15prescribed in the commission, every person appointed a notary
16public shall file an official bond and an oath of office in the office
17of the county clerk of the county within which the person maintains
18a principal place of business as shown in the application submitted
19to the Secretary of State, and the commission shall not take effect
20unless this is done within the 30-day period. A person appointed
21to be a notary public shall take and subscribe the oath of office
22either in the office of that county clerk or before another notary
23public in that county. If the oath of office is taken and subscribed
24before the county clerk, the person appointed to be a notary public
25shall present an identification document meeting the requirements
26of subparagraph (A) or (B) of paragraph (3), or of subparagraph
27(A) or (E) or paragraph (4), of subdivision (b) of Section 1185 of
28the Civil Code to the county clerk as satisfactory evidence of
29identity. If the oath of office is taken and subscribed before a notary
30public, the oath and bond may be filed with the county clerk by
31certified mail or any other means of physical delivery that provides
32a receipt. Upon the filing of the oath and bond, the county clerk
33shall immediately transmit to the Secretary of State a certificate
34setting forth the fact of the filing and containing a copy of the
35official oath, personally signed by the notary public in the form
36set forth in the commission and shall immediately deliver the bond
37to the county recorder for recording. The county clerk shall retain
38the oath of office for one year following the expiration of the term
39of the commission for which the oath was taken, after which the
40oath may be destroyed or otherwise disposed of. The copy of the
P15   1oath, personally signed by the notary public, on file with the
2Secretary of State may at any time be read in evidence with like
3effect as the original oath, without further proof.

4(b) If a notary public transfers the principal place of business
5from one county to another, the notary public may file a new oath
6of office and bond, or a duplicate of the original bond with the
7county clerk to which the principal place of business was
8transferred. If the notary public elects to make a new filing, the
9notary public shall, within 30 days of the filing, obtain an official
10seal which shall include the name of the county to which the notary
11public has transferred. In a case where the notary public elects to
12make a new filing, the same filing and recording fees are applicable
13as in the case of the original filing and recording of the bond.

14(c) If a notary public submits an application for a name change
15to the Secretary of State, the notary public shall, within 30 days
16from the date an amended commission is issued, file a new oath
17of office and an amendment to the bond with the county clerk in
18which the principal place of business is located. The amended
19commission with the name change shall not take effect unless the
20filing is completed within the 30-day period. The amended
21commission with the name change takes effect the date the oath
22and amendment to the bond is filed with the county clerk. If the
23principal place of business address was changed in the application
24for name change, either a new or duplicate of the original bond
25shall be filed with the county clerk with the amendment to the
26bond. The notary public shall, within 30 days of the filing, obtain
27an official seal that includes the name of the notary public and the
28name of the county to which the notary public has transferred, if
29applicable.

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

34(e) The county recorder shall record the bond and shall thereafter
35mail, unless specified to the contrary, it to the person named in the
36instrument and, if no person is named, to the party leaving it for
37recording.

38

SEC. 7.  

Section 8213.5 of the Government Code is amended
39to read:

P16   1

8213.5.  

A notary public shall notify the Secretary of State by
2certified mail or any other means of physical delivery that provides
3a receipt within 30 days as to any change in the location or address
4of the principal place of business or residence. A notary public
5shall not use a commercial mail receiving agency or post office
6box as his or her principal place of business or residence, unless
7the notary public also provides the Secretary of State with a
8physical street address as the principal place of residence. Willful
9failure to notify the Secretary of State of a change of address shall
10be punishable as an infraction by a fine of not more than five
11hundred dollars ($500).

12

SEC. 8.  

Section 8311 of the Government Code is amended to
13read:

14

8311.  

Wherever any notice or other communication is required
15by any law to be mailed by registered mail to or by the state, or
16any officer or agency thereof, the mailing of such notice or other
17communication by certified mail or any other means of physical
18delivery that provides a receipt shall be deemed to be a sufficient
19compliance with the requirements of such law.

20

SEC. 9.  

Section 15606.1 of the Government Code is amended
21to read:

22

15606.1.  

The duties, rules, regulations, and instructions as
23specified in Section 15606 shall include provisions for
24mobilehomes and floating homes which are subject to local
25property taxation.

26

SEC. 10.  

Section 40805 of the Government Code is amended
27to read:

28

40805.  

The report shall be published or posted consistent with
29the timelines established in Section 53891 after the close of the
30fiscal year for which the report is compiled.

31

SEC. 11.  

Section 53087.7 of the Government Code is amended
32to read:

33

53087.7.  

(a) A city, including a charter city, county, or city
34and county, shall not enact any ordinance or regulation, or enforce
35any existing ordinance or regulation, that prohibits the installation
36of drought tolerant landscaping, synthetic grass, or artificial turf
37on residential property.

38(b) A city, including a charter city, county, or city and county,
39may impose reasonable restrictions on the type of drought tolerant
40landscaping, synthetic grass, or artificial turf that may be installed
P17   1on residential property provided that those restrictions do not do
2any of the following:

3(1) Substantially increase the cost of installing drought tolerant
4landscaping, synthetic grass, or artificial turf.

5(2) Effectively prohibit the installation of drought tolerant
6landscaping, synthetic grass, or artificial turf.

7(3) Significantly impede the installation of drought tolerant
8landscaping, including, but not limited to, a requirement that a
9residential yard must be completely covered with living plant
10material.

11(c) A city, including a charter city, county, or city and county,
12may impose reasonable restrictions on the installation or design
13of synthetic grass or artificial turf within the dripline of a tree
14protected by local ordinance.

15

SEC. 12.  

Section 53601 of the Government Code is amended
16to read:

17

53601.  

This section shall apply to a local agency that is a city,
18a district, or other local agency that does not pool money in
19deposits or investments with other local agencies, other than local
20agencies that have the same governing body. However, Section
2153635 shall apply to all local agencies that pool money in deposits
22or investments with other local agencies that have separate
23governing bodies. The legislative body of a local agency having
24moneys in a sinking fund or moneys in its treasury not required
25for the immediate needs of the local agency may invest any portion
26of the moneys that it deems wise or expedient in those investments
27set forth below. A local agency purchasing or obtaining any
28securities prescribed in this section, in a negotiable, bearer,
29registered, or nonregistered format, shall require delivery of the
30securities to the local agency, including those purchased for the
31agency by financial advisers, consultants, or managers using the
32agency’s funds, by book entry, physical delivery, or by third-party
33custodial agreement. The transfer of securities to the counterparty
34bank’s customer book entry account may be used for book entry
35delivery.

36For purposes of this section, “counterparty” means the other
37party to the transaction. A counterparty bank’s trust department
38or separate safekeeping department may be used for the physical
39delivery of the security if the security is held in the name of the
40local agency. Where this section specifies a percentage limitation
P18   1for a particular category of investment, that percentage is applicable
2only at the date of purchase. Where this section does not specify
3a limitation on the term or remaining maturity at the time of the
4investment, no investment shall be made in any security, other
5than a security underlying a repurchase or reverse repurchase
6agreement or securities lending agreement authorized by this
7section, that at the time of the investment has a term remaining to
8maturity in excess of five years, unless the legislative body has
9granted express authority to make that investment either
10specifically or as a part of an investment program approved by the
11legislative body no less than three months prior to the investment:

12(a) Bonds issued by the local agency, including bonds payable
13solely out of the revenues from a revenue-producing property
14owned, controlled, or operated by the local agency or by a
15department, board, agency, or authority of the local agency.

16(b) United States Treasury notes, bonds, bills, or certificates of
17indebtedness, or those for which the faith and credit of the United
18States are pledged for the payment of principal and interest.

19(c) Registered state warrants or treasury notes or bonds of this
20state, including bonds payable solely out of the revenues from a
21revenue-producing property owned, controlled, or operated by the
22state or by a department, board, agency, or authority of the state.

23(d) Registered treasury notes or bonds of any of the other 49
24states in addition to California, including bonds payable solely out
25of the revenues from a revenue-producing property owned,
26controlled, or operated by a state or by a department, board, agency,
27or authority of any of the other 49 states, in addition to California.

28(e) Bonds, notes, warrants, or other evidences of indebtedness
29of a local agency within this state, including bonds payable solely
30out of the revenues from a revenue-producing property owned,
31controlled, or operated by the local agency, or by a department,
32board, agency, or authority of the local agency.

33(f) Federal agency or United States government-sponsored
34enterprise obligations, participations, or other instruments,
35including those issued by or fully guaranteed as to principal and
36interest by federal agencies or United States government-sponsored
37enterprises.

38(g) Bankers’ acceptances otherwise known as bills of exchange
39or time drafts that are drawn on and accepted by a commercial
40bank. Purchases of bankers’ acceptances shall not exceed 180
P19   1days’ maturity or 40 percent of the agency’s moneys that may be
2invested pursuant to this section. However, no more than 30 percent
3of the agency’s moneys may be invested in the bankers’
4acceptances of any one commercial bank pursuant to this section.

5This subdivision does not preclude a municipal utility district
6from investing moneys in its treasury in a manner authorized by
7the Municipal Utility District Act (Division 6 (commencing with
8Section 11501) of the Public Utilities Code).

9(h) Commercial paper of “prime” quality of the highest ranking
10or of the highest letter and number rating as provided for by a
11nationally recognized statistical rating organization (NRSRO).
12The entity that issues the commercial paper shall meet all of the
13following conditions in either paragraph (1) or (2):

14(1) The entity meets the following criteria:

15(A) Is organized and operating in the United States as a general
16corporation.

17(B) Has total assets in excess of five hundred million dollars
18($500,000,000).

19(C) Has debt other than commercial paper, if any, that is rated
20in a rating category of “A” or its equivalent or higher by an
21NRSRO.

22(2) The entity meets the following criteria:

23(A) Is organized within the United States as a special purpose
24corporation, trust, or limited liability company.

25(B) Has programwide credit enhancements including, but not
26limited to, overcollateralization, letters of credit, or a surety bond.

27(C) Has commercial paper that is rated “A-1” or higher, or the
28equivalent, by an NRSRO.

29Eligible commercial paper shall have a maximum maturity of
30270 days or less. Local agencies, other than counties or a city and
31county, may invest no more than 25 percent of their moneys in
32eligible commercial paper. Local agencies, other than counties or
33a city and county, may purchase no more than 10 percent of the
34outstanding commercial paper of any single issuer. Counties or a
35city and county may invest in commercial paper pursuant to the
36concentration limits in subdivision (a) of Section 53635.

37(i) Negotiable certificates of deposit issued by a nationally or
38state-chartered bank, a savings association or a federal association
39(as defined by Section 5102 of the Financial Code), a state or
40federal credit union, or by a federally licensed or state-licensed
P20   1branch of a foreign bank. Purchases of negotiable certificates of
2deposit shall not exceed 30 percent of the agency’s moneys that
3may be invested pursuant to this section. For purposes of this
4section, negotiable certificates of deposit do not come within
5Article 2 (commencing with Section 53630), except that the amount
6so invested shall be subject to the limitations of Section 53638.
7The legislative body of a local agency and the treasurer or other
8official of the local agency having legal custody of the moneys
9are prohibited from investing local agency funds, or funds in the
10custody of the local agency, in negotiable certificates of deposit
11issued by a state or federal credit union if a member of the
12legislative body of the local agency, or a person with investment
13decisionmaking authority in the administrative office manager’s
14office, budget office, auditor-controller’s office, or treasurer’s
15office of the local agency also serves on the board of directors, or
16any committee appointed by the board of directors, or the credit
17committee or the supervisory committee of the state or federal
18credit union issuing the negotiable certificates of deposit.

19(j) (1) Investments in repurchase agreements or reverse
20repurchase agreements or securities lending agreements of
21securities authorized by this section, as long as the agreements are
22subject to this subdivision, including the delivery requirements
23specified in this section.

24(2) Investments in repurchase agreements may be made, on an
25investment authorized in this section, when the term of the
26agreement does not exceed one year. The market value of securities
27that underlie a repurchase agreement shall be valued at 102 percent
28or greater of the funds borrowed against those securities and the
29value shall be adjusted no less than quarterly. Since the market
30value of the underlying securities is subject to daily market
31fluctuations, the investments in repurchase agreements shall be in
32compliance if the value of the underlying securities is brought back
33up to 102 percent no later than the next business day.

34(3) Reverse repurchase agreements or securities lending
35agreements may be utilized only when all of the following
36conditions are met:

37(A) The security to be sold using a reverse repurchase agreement
38or securities lending agreement has been owned and fully paid for
39by the local agency for a minimum of 30 days prior to sale.

P21   1(B) The total of all reverse repurchase agreements and securities
2lending agreements on investments owned by the local agency
3does not exceed 20 percent of the base value of the portfolio.

4(C) The agreement does not exceed a term of 92 days, unless
5the agreement includes a written codicil guaranteeing a minimum
6earning or spread for the entire period between the sale of a security
7using a reverse repurchase agreement or securities lending
8agreement and the final maturity date of the same security.

9(D) Funds obtained or funds within the pool of an equivalent
10amount to that obtained from selling a security to a counterparty
11using a reverse repurchase agreement or securities lending
12agreement shall not be used to purchase another security with a
13maturity longer than 92 days from the initial settlement date of the
14reverse repurchase agreement or securities lending agreement,
15unless the reverse repurchase agreement or securities lending
16agreement includes a written codicil guaranteeing a minimum
17earning or spread for the entire period between the sale of a security
18using a reverse repurchase agreement or securities lending
19agreement and the final maturity date of the same security.

20(4) (A) Investments in reverse repurchase agreements, securities
21lending agreements, or similar investments in which the local
22agency sells securities prior to purchase with a simultaneous
23agreement to repurchase the security may be made only upon prior
24approval of the governing body of the local agency and shall be
25made only with primary dealers of the Federal Reserve Bank of
26New York or with a nationally or state-chartered bank that has or
27has had a significant banking relationship with a local agency.

28(B) For purposes of this chapter, “significant banking
29relationship” means any of the following activities of a bank:

30(i) Involvement in the creation, sale, purchase, or retirement of
31a local agency’s bonds, warrants, notes, or other evidence of
32indebtedness.

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

34(iii) Acceptance of a local agency’s securities or funds as
35deposits.

36(5) (A) “Repurchase agreement” means a purchase of securities
37by the local agency pursuant to an agreement by which the
38counterparty seller will repurchase the securities on or before a
39specified date and for a specified amount and the counterparty will
40deliver the underlying securities to the local agency by book entry,
P22   1physical delivery, or by third-party custodial agreement. The
2transfer of underlying securities to the counterparty bank’s
3customer book-entry account may be used for book-entry delivery.

4(B) “Securities,” for purposes of repurchase under this
5subdivision, means securities of the same issuer, description, issue
6date, and maturity.

7(C) “Reverse repurchase agreement” means a sale of securities
8by the local agency pursuant to an agreement by which the local
9agency will repurchase the securities on or before a specified date
10and includes other comparable agreements.

11(D) “Securities lending agreement” means an agreement under
12which a local agency agrees to transfer securities to a borrower
13who, in turn, agrees to provide collateral to the local agency.
14During the term of the agreement, both the securities and the
15collateral are held by a third party. At the conclusion of the
16agreement, the securities are transferred back to the local agency
17in return for the collateral.

18(E) For purposes of this section, the base value of the local
19agency’s pool portfolio shall be that dollar amount obtained by
20totaling all cash balances placed in the pool by all pool participants,
21excluding any amounts obtained through selling securities by way
22of reverse repurchase agreements, securities lending agreements,
23or other similar borrowing methods.

24(F) For purposes of this section, the spread is the difference
25between the cost of funds obtained using the reverse repurchase
26agreement and the earnings obtained on the reinvestment of the
27funds.

28(k) Medium-term notes, defined as all corporate and depository
29institution debt securities with a maximum remaining maturity of
30five years or less, issued by corporations organized and operating
31within the United States or by depository institutions licensed by
32the United States or any state and operating within the United
33States. Notes eligible for investment under this subdivision shall
34be rated in a rating category of “A” or its equivalent or better by
35an NRSRO. Purchases of medium-term notes shall not include
36other instruments authorized by this section and shall not exceed
3730 percent of the agency’s moneys that may be invested pursuant
38to this section.

39(l) (1) Shares of beneficial interest issued by diversified
40management companies that invest in the securities and obligations
P23   1as authorized by subdivisions (a) to (k), inclusive, and subdivisions
2(m) to (q), inclusive, and that comply with the investment
3 restrictions of this article and Article 2 (commencing with Section
453630). However, notwithstanding these restrictions, a counterparty
5to a reverse repurchase agreement or securities lending agreement
6is not required to be a primary dealer of the Federal Reserve Bank
7of New York if the company’s board of directors finds that the
8counterparty presents a minimal risk of default, and the value of
9the securities underlying a repurchase agreement or securities
10lending agreement may be 100 percent of the sales price if the
11securities are marked to market daily.

12(2) Shares of beneficial interest issued by diversified
13management companies that are money market funds registered
14with the Securities and Exchange Commission under the
15Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.).

16(3) If investment is in shares issued pursuant to paragraph (1),
17the company shall have met either of the following criteria:

18(A) Attained the highest ranking or the highest letter and
19numerical rating provided by not less than two NRSROs.

20(B) Retained an investment adviser registered or exempt from
21registration with the Securities and Exchange Commission with
22not less than five years’ experience investing in the securities and
23obligations authorized by subdivisions (a) to (k), inclusive, and
24subdivisions (m) to (q), inclusive, and with assets under
25management in excess of five hundred million dollars
26($500,000,000).

27(4) If investment is in shares issued pursuant to paragraph (2),
28the company shall have met either of the following criteria:

29(A) Attained the highest ranking or the highest letter and
30numerical rating provided by not less than two NRSROs.

31(B) Retained an investment adviser registered or exempt from
32registration with the Securities and Exchange Commission with
33not less than five years’ experience managing money market
34mutual funds with assets under management in excess of five
35hundred million dollars ($500,000,000).

36(5) The purchase price of shares of beneficial interest purchased
37pursuant to this subdivision shall not include commission that the
38companies may charge and shall not exceed 20 percent of the
39agency’s moneys that may be invested pursuant to this section.
40However, no more than 10 percent of the agency’s funds may be
P24   1invested in shares of beneficial interest of any one mutual fund
2pursuant to paragraph (1).

3(m) Moneys held by a trustee or fiscal agent and pledged to the
4payment or security of bonds or other indebtedness, or obligations
5under a lease, installment sale, or other agreement of a local
6agency, or certificates of participation in those bonds, indebtedness,
7or lease installment sale, or other agreements, may be invested in
8accordance with the statutory provisions governing the issuance
9of those bonds, indebtedness, or lease installment sale, or other
10agreement, or to the extent not inconsistent therewith or if there
11are no specific statutory provisions, in accordance with the
12ordinance, resolution, indenture, or agreement of the local agency
13providing for the issuance.

14(n) Notes, bonds, or other obligations that are at all times secured
15by a valid first priority security interest in securities of the types
16listed by Section 53651 as eligible securities for the purpose of
17securing local agency deposits having a market value at least equal
18to that required by Section 53652 for the purpose of securing local
19agency deposits. The securities serving as collateral shall be placed
20by delivery or book entry into the custody of a trust company or
21the trust department of a bank that is not affiliated with the issuer
22of the secured obligation, and the security interest shall be perfected
23in accordance with the requirements of the Uniform Commercial
24Code or federal regulations applicable to the types of securities in
25which the security interest is granted.

26(o) A mortgage passthrough security, collateralized mortgage
27obligation, mortgage-backed or other pay-through bond, equipment
28lease-backed certificate, consumer receivable passthrough
29certificate, or consumer receivable-backed bond of a maximum of
30five years’ maturity. Securities eligible for investment under this
31subdivision shall be issued by an issuer rated in a rating category
32of “A” or its equivalent or better for the issuer’s debt as provided
33by an NRSRO and rated in a rating category of “AA” or its
34equivalent or better by an NRSRO. Purchase of securities
35authorized by this subdivision shall not exceed 20 percent of the
36agency’s surplus moneys that may be invested pursuant to this
37section.

38(p) Shares of beneficial interest issued by a joint powers
39authority organized pursuant to Section 6509.7 that invests in the
40securities and obligations authorized in subdivisions (a) to (q),
P25   1inclusive. Each share shall represent an equal proportional interest
2in the underlying pool of securities owned by the joint powers
3authority. To be eligible under this section, the joint powers
4authority issuing the shares shall have retained an investment
5adviser that meets all of the following criteria:

6(1) The adviser is registered or exempt from registration with
7the Securities and Exchange Commission.

8(2) The adviser has not less than five years of experience
9investing in the securities and obligations authorized in
10subdivisions (a) to (q), inclusive.

11(3) The adviser has assets under management in excess of five
12hundred million dollars ($500,000,000).

13(q) United States dollar denominated senior unsecured
14unsubordinated obligations issued or unconditionally guaranteed
15by the International Bank for Reconstruction and Development,
16International Finance Corporation, or Inter-American Development
17Bank, with a maximum remaining maturity of five years or less,
18and eligible for purchase and sale within the United States.
19Investments under this subdivision shall be rated in a rating
20category of “AA” or its equivalent or better by an NRSRO and
21shall not exceed 30 percent of the agency’s moneys that may be
22invested pursuant to this section.

23

SEC. 13.  

Section 65091 of the Government Code is amended
24to read:

25

65091.  

(a) When a provision of this title requires notice of a
26public hearing to be given pursuant to this section, notice shall be
27given in all of the following ways:

28(1) Notice of the hearing shall be mailed or delivered at least
2910 days prior to the hearing to the owner of the subject real
30property as shown on the latest equalized assessment roll. Instead
31of using the assessment roll, the local agency may use records of
32the county assessor or tax collector if those records contain more
33recent information than the information contained on the
34assessment roll. Notice shall also be mailed to the owner’s duly
35authorized agent, if any, and to the project applicant.

36(2) When the Subdivision Map Act Division 2 (commencing
37with Section 66410) of Title 7 requires notice of a public hearing
38to be given pursuant to this section, notice shall also be given to
39any owner of a mineral right pertaining to the subject real property
P26   1who has recorded a notice of intent to preserve the mineral right
2pursuant to Section 883.230 of the Civil Code.

3(3) Notice of the hearing shall be mailed or delivered at least
410 days prior to the hearing to each local agency expected to
5provide water, sewage, streets, roads, schools, or other essential
6facilities or services to the project, whose ability to provide those
7facilities and services may be significantly affected.

8(4) Notice of the hearing shall be mailed or delivered at least
910 days prior to the hearing to all owners of real property as shown
10on the latest equalized assessment roll within 300 feet of the real
11property that is the subject of the hearing. In lieu of using the
12assessment roll, the local agency may use records of the county
13assessor or tax collector which contain more recent information
14than the assessment roll. If the number of owners to whom notice
15would be mailed or delivered pursuant to this paragraph or
16paragraph (1) is greater than 1,000, a local agency, in lieu of mailed
17or delivered notice, may provide notice by placing a display
18advertisement of at least one-eighth page in at least one newspaper
19of general circulation within the local agency in which the
20proceeding is conducted at least 10 days prior to the hearing.

21(5) If the notice is mailed or delivered pursuant to paragraph
22(4), the notice shall also either be:

23(A) Published pursuant to Section 6061 in at least one newspaper
24of general circulation within the local agency which is conducting
25the proceeding at least 10 days prior to the hearing.

26(B) Posted at least 10 days prior to the hearing in at least three
27public places within the boundaries of the local agency, including
28one public place in the area directly affected by the proceeding.

29(b) The notice shall include the information specified in Section
3065094.

31(c) In addition to the notice required by this section, a local
32agency may give notice of the hearing in any other manner it deems
33necessary or desirable.

34(d) Whenever a hearing is held regarding a permit for a
35drive-through facility, or modification of an existing drive-through
36facility permit, the local agency shall incorporate, where necessary,
37notice procedures to the blind, aged, and disabled communities in
38order to facilitate their participation in any hearing on, or appeal
39of the denial of, a drive-through facility permit. The Legislature
40finds that access restrictions to commercial establishments affecting
P27   1the blind, aged, or disabled, is a critical statewide problem;
2therefore, this subdivision shall be applicable to charter cities.

3

SEC. 14.  

Section 65302 of the Government Code, as amended
4by Section 1 of Chapter 608 of the Statutes of 2015, is amended
5to read:

6

65302.  

The general plan shall consist of a statement of
7development policies and shall include a diagram or diagrams and
8text setting forth objectives, principles, standards, and plan
9proposals. The plan shall include the following elements:

10(a) A land use element that designates the proposed general
11distribution and general location and extent of the uses of the land
12for housing, business, industry, open space, including agriculture,
13natural resources, recreation, and enjoyment of scenic beauty,
14education, public buildings and grounds, solid and liquid waste
15disposal facilities, and other categories of public and private uses
16of land. The location and designation of the extent of the uses of
17the land for public and private uses shall consider the identification
18of land and natural resources pursuant to paragraph (3) of
19subdivision (d). The land use element shall include a statement of
20the standards of population density and building intensity
21recommended for the various districts and other territory covered
22by the plan. The land use element shall identify and annually
23review those areas covered by the plan that are subject to flooding
24identified by flood plain mapping prepared by the Federal
25Emergency Management Agency (FEMA) or the Department of
26Water Resources. The land use element shall also do both of the
27following:

28(1) Designate in a land use category that provides for timber
29production those parcels of real property zoned for timberland
30production pursuant to the California Timberland Productivity Act
31of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1
32of Division 1 of Title 5).

33(2) Consider the impact of new growth on military readiness
34activities carried out on military bases, installations, and operating
35and training areas, when proposing zoning ordinances or
36designating land uses covered by the general plan for land, or other
37territory adjacent to military facilities, or underlying designated
38military aviation routes and airspace.

39(A) In determining the impact of new growth on military
40readiness activities, information provided by military facilities
P28   1shall be considered. Cities and counties shall address military
2impacts based on information from the military and other sources.

3(B) The following definitions govern this paragraph:

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

5(I) Training, support, and operations that prepare the men and
6women of the military for combat.

7(II) Operation, maintenance, and security of any military
8installation.

9(III) Testing of military equipment, vehicles, weapons, and
10sensors for proper operation or suitability for combat use.

11(ii) “Military installation” means a base, camp, post, station,
12yard, center, homeport facility for any ship, or other activity under
13the jurisdiction of the United States Department of Defense as
14defined in paragraph (1) of subsection (g) of Section 2687 of Title
1510 of the United States Code.

16(b) (1) A circulation element consisting of the general location
17and extent of existing and proposed major thoroughfares,
18transportation routes, terminals, any military airports and ports,
19and other local public utilities and facilities, all correlated with the
20land use element of the plan.

21(2) (A) Commencing January 1, 2011, upon any substantive
22revision of the circulation element, the legislative body shall
23modify the circulation element to plan for a balanced, multimodal
24transportation network that meets the needs of all users of streets,
25roads, and highways for safe and convenient travel in a manner
26that is suitable to the rural, suburban, or urban context of the
27general plan.

28(B) For purposes of this paragraph, “users of streets, roads, and
29highways” mean bicyclists, children, persons with disabilities,
30motorists, movers of commercial goods, pedestrians, users of public
31transportation, and seniors.

32(c) A housing element as provided in Article 10.6 (commencing
33with Section 65580).

34(d) (1) A conservation element for the conservation,
35development, and utilization of natural resources including water
36and its hydraulic force, forests, soils, rivers and other waters,
37harbors, fisheries, wildlife, minerals, and other natural resources.
38The conservation element shall consider the effect of development
39within the jurisdiction, as described in the land use element, on
40natural resources located on public lands, including military
P29   1installations. That portion of the conservation element including
2waters shall be developed in coordination with any countywide
3water agency and with all district and city agencies, including
4flood management, water conservation, or groundwater agencies
5that have developed, served, controlled, managed, or conserved
6water of any type for any purpose in the county or city for which
7the plan is prepared. Coordination shall include the discussion and
8evaluation of any water supply and demand information described
9in Section 65352.5, if that information has been submitted by the
10water agency to the city or county.

11(2) The conservation element may also cover all of the
12following:

13(A) The reclamation of land and waters.

14(B) Prevention and control of the pollution of streams and other
15waters.

16(C) Regulation of the use of land in stream channels and other
17areas required for the accomplishment of the conservation plan.

18(D) Prevention, control, and correction of the erosion of soils,
19beaches, and shores.

20(E) Protection of watersheds.

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

23(3) Upon the next revision of the housing element on or after
24January 1, 2009, the conservation element shall identify rivers,
25creeks, streams, flood corridors, riparian habitats, and land that
26may accommodate floodwater for purposes of groundwater
27recharge and stormwater management.

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

30(f) (1) A noise element that shall identify and appraise noise
31problems in the community. The noise element shall analyze and
32quantify, to the extent practicable, as determined by the legislative
33body, current and projected noise levels for all of the following
34sources:

35(A) Highways and freeways.

36(B) Primary arterials and major local streets.

37(C) Passenger and freight online railroad operations and ground
38rapid transit systems.

39(D) Commercial, general aviation, heliport, helistop, and military
40airport operations, aircraft overflights, jet engine test stands, and
P30   1all other ground facilities and maintenance functions related to
2airport operation.

3(E) Local industrial plants, including, but not limited to, railroad
4classification yards.

5(F) Other ground stationary noise sources, including, but not
6limited to, military installations, identified by local agencies as
7contributing to the community noise environment.

8(2) Noise contours shall be shown for all of these sources and
9stated in terms of community noise equivalent level (CNEL) or
10day-night average sound level (Ldn). The noise contours shall be
11prepared on the basis of noise monitoring or following generally
12accepted noise modeling techniques for the various sources
13identified in paragraphs (1) to (6), inclusive.

14(3) The noise contours shall be used as a guide for establishing
15a pattern of land uses in the land use element that minimizes the
16exposure of community residents to excessive noise.

17(4) The noise element shall include implementation measures
18and possible solutions that address existing and foreseeable noise
19problems, if any. The adopted noise element shall serve as a
20guideline for compliance with the state’s noise insulation standards.

21(g) (1) A safety element for the protection of the community
22from any unreasonable risks associated with the effects of
23seismically induced surface rupture, ground shaking, ground
24failure, tsunami, seiche, and dam failure; slope instability leading
25to mudslides and landslides; subsidence; liquefaction; and other
26seismic hazards identified pursuant to Chapter 7.8 (commencing
27with Section 2690) of Division 2 of the Public Resources Code,
28and other geologic hazards known to the legislative body; flooding;
29and wildland and urban fires. The safety element shall include
30mapping of known seismic and other geologic hazards. It shall
31also address evacuation routes, military installations, peakload
32water supply requirements, and minimum road widths and
33clearances around structures, as those items relate to identified fire
34and geologic hazards.

35(2) The safety element, upon the next revision of the housing
36element on or after January 1, 2009, shall also do the following:

37(A) Identify information regarding flood hazards, including,
38but not limited to, the following:

39(i) Flood hazard zones. As used in this subdivision, “flood
40hazard zone” means an area subject to flooding that is delineated
P31   1as either a special hazard area or an area of moderate or minimal
2hazard on an official flood insurance rate map issued by the Federal
3Emergency Management Agency (FEMA). The identification of
4a flood hazard zone does not imply that areas outside the flood
5hazard zones or uses permitted within flood hazard zones will be
6free from flooding or flood damage.

7(ii) National Flood Insurance Program maps published by
8FEMA.

9(iii) Information about flood hazards that is available from the
10United States Army Corps of Engineers.

11(iv) Designated floodway maps that are available from the
12Central Valley Flood Protection Board.

13(v) Dam failure inundation maps prepared pursuant to Section
148589.5 that are available from the Office of Emergency Services.

15(vi) Awareness Floodplain Mapping Program maps and 200-year
16flood plain maps that are or may be available from, or accepted
17by, the Department of Water Resources.

18(vii) Maps of levee protection zones.

19(viii) Areas subject to inundation in the event of the failure of
20project or nonproject levees or floodwalls.

21(ix) Historical data on flooding, including locally prepared maps
22of areas that are subject to flooding, areas that are vulnerable to
23flooding after wildfires, and sites that have been repeatedly
24damaged by flooding.

25(x) Existing and planned development in flood hazard zones,
26including structures, roads, utilities, and essential public facilities.

27(xi) Local, state, and federal agencies with responsibility for
28flood protection, including special districts and local offices of
29emergency services.

30(B) Establish a set of comprehensive goals, policies, and
31objectives based on the information identified pursuant to
32subparagraph (A), for the protection of the community from the
33unreasonable risks of flooding, including, but not limited to:

34(i) Avoiding or minimizing the risks of flooding to new
35development.

36(ii) Evaluating whether new development should be located in
37flood hazard zones, and identifying construction methods or other
38methods to minimize damage if new development is located in
39flood hazard zones.

P32   1(iii) Maintaining the structural and operational integrity of
2essential public facilities during flooding.

3(iv) Locating, when feasible, new essential public facilities
4outside of flood hazard zones, including hospitals and health care
5facilities, emergency shelters, fire stations, emergency command
6centers, and emergency communications facilities or identifying
7construction methods or other methods to minimize damage if
8these facilities are located in flood hazard zones.

9(v) Establishing cooperative working relationships among public
10agencies with responsibility for flood protection.

11(C) Establish a set of feasible implementation measures designed
12to carry out the goals, policies, and objectives established pursuant
13to subparagraph (B).

14(3) Upon the next revision of the housing element on or after
15January 1, 2014, the safety element shall be reviewed and updated
16as necessary to address the risk of fire for land classified as state
17responsibility areas, as defined in Section 4102 of the Public
18Resources Code, and land classified as very high fire hazard
19severity zones, as defined in Section 51177. This review shall
20consider the advice included in the Office of Planning and
21Research’s most recent publication of “Fire Hazard Planning,
22General Plan Technical Advice Series” and shall also include all
23of the following:

24(A) Information regarding fire hazards, including, but not limited
25to, all of the following:

26(i) Fire hazard severity zone maps available from the Department
27of Forestry and Fire Protection.

28(ii) Any historical data on wildfires available from local agencies
29or a reference to where the data can be found.

30(iii) Information about wildfire hazard areas that may be
31available from the United States Geological Survey.

32(iv) General location and distribution of existing and planned
33uses of land in very high fire hazard severity zones and in state
34responsibility areas, including structures, roads, utilities, and
35essential public facilities. The location and distribution of planned
36uses of land shall not require defensible space compliance measures
37required by state law or local ordinance to occur on publicly owned
38lands or open space designations of homeowner associations.

P33   1(v) Local, state, and federal agencies with responsibility for fire
2protection, including special districts and local offices of
3emergency services.

4(B) A set of goals, policies, and objectives based on the
5information identified pursuant to subparagraph (A) for the
6protection of the community from the unreasonable risk of wildfire.

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

11(i) Avoiding or minimizing the wildfire hazards associated with
12new uses of land.

13(ii) Locating, when feasible, new essential public facilities
14outside of high fire risk areas, including, but not limited to,
15hospitals and health care facilities, emergency shelters, emergency
16command centers, and emergency communications facilities, or
17identifying construction methods or other methods to minimize
18damage if these facilities are located in a state responsibility area
19or very high fire hazard severity zone.

20(iii) Designing adequate infrastructure if a new development is
21located in a state responsibility area or in a very high fire hazard
22severity zone, including safe access for emergency response
23vehicles, visible street signs, and water supplies for structural fire
24suppression.

25(iv) Working cooperatively with public agencies with
26responsibility for fire protection.

27(D) If a city or county has adopted a fire safety plan or document
28separate from the general plan, an attachment of, or reference to,
29a city or county’s adopted fire safety plan or document that fulfills
30commensurate goals and objectives and contains information
31required pursuant to this paragraph.

32(4) Upon the next revision of a local hazard mitigation plan,
33adopted in accordance with the federal Disaster Mitigation Act of
342000 (Public Law 106-390), on or after January 1, 2017, or, if a
35local jurisdiction has not adopted a local hazard mitigation plan,
36beginning on or before January 1, 2022, the safety element shall
37be reviewed and updated as necessary to address climate adaptation
38and resiliency strategies applicable to the city or county. This
39review shall consider advice provided in the Office of Planning
P34   1and Research’s General Plan Guidelines and shall include all of
2the following:

3(A) (i) A vulnerability assessment that identifies the risks that
4climate change poses to the local jurisdiction and the geographic
5areas at risk from climate change impacts, including, but not limited
6to, an assessment of how climate change may affect the risks
7addressed pursuant to paragraphs (2) and (3).

8(ii) Information that may be available from federal, state,
9regional, and local agencies that will assist in developing the
10vulnerability assessment and the adaptation policies and strategies
11required pursuant to subparagraph (B), including, but not limited
12to, all of the following:

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

14(II) Information from the most recent version of the California
15Adaptation Planning Guide.

16(III) Information from local agencies on the types of assets,
17resources, and populations that will be sensitive to various climate
18change exposures.

19(IV) Information from local agencies on their current ability to
20deal with the impacts of climate change.

21(V) Historical data on natural events and hazards, including
22locally prepared maps of areas subject to previous risk, areas that
23are vulnerable, and sites that have been repeatedly damaged.

24(VI) Existing and planned development in identified at-risk
25areas, including structures, roads, utilities, and essential public
26facilities.

27(VII) Federal, state, regional, and local agencies with
28responsibility for the protection of public health and safety and
29the environment, including special districts and local offices of
30emergency services.

31(B) A set of adaptation and resilience goals, policies, and
32objectives based on the information specified in subparagraph (A)
33for the protection of the community.

34(C) A set of feasible implementation measures designed to carry
35out the goals, policies, and objectives identified pursuant to
36subparagraph (B) including, but not limited to, all of the following:

37(i) Feasible methods to avoid or minimize climate change
38impacts associated with new uses of land.

39(ii) The location, when feasible, of new essential public facilities
40outside of at-risk areas, including, but not limited to, hospitals and
P35   1health care facilities, emergency shelters, emergency command
2centers, and emergency communications facilities, or identifying
3construction methods or other methods to minimize damage if
4these facilities are located in at-risk areas.

5(iii) The designation of adequate and feasible infrastructure
6located in an at-risk area.

7(iv) Guidelines for working cooperatively with relevant local,
8regional, state, and federal agencies.

9(v) The identification of natural infrastructure that may be used
10in adaptation projects, where feasible. Where feasible, the plan
11shall use existing natural features and ecosystem processes, or the
12restoration of natural features and ecosystem processes, when
13developing alternatives for consideration. For the purposes of this
14clause, “natural infrastructure” means the preservation or
15restoration of ecological systems, or utilization of engineered
16systems that use ecological processes, to increase resiliency to
17climate change, manage other environmental hazards, or both.
18This may include, but is not limited to, floodplain and wetlands
19restoration or preservation, combining levees with restored natural
20systems to reduce flood risk, and urban tree planting to mitigate
21high heat days.

22(D) (i) If a city or county has adopted the local hazard
23mitigation plan, or other climate adaptation plan or document that
24fulfills commensurate goals and objectives and contains the
25information required pursuant to this paragraph, separate from the
26general plan, an attachment of, or reference to, the local hazard
27mitigation plan or other climate adaptation plan or document.

28(ii) Cities or counties that have an adopted hazard mitigation
29plan, or other climate adaptation plan or document that substantially
30 complies with this section, or have substantially equivalent
31provisions to this subdivision in their general plans, may use that
32information in the safety element to comply with this subdivision,
33and shall summarize and incorporate by reference into the safety
34element the other general plan provisions, climate adaptation plan
35or document, specifically showing how each requirement of this
36subdivision has been met.

37(5) After the initial revision of the safety element pursuant to
38paragraphs (2) and (3), upon each revision of the housing element,
39the planning agency shall review and, if necessary, revise the safety
40element to identify new informationbegin insert relating to flood and fire
P36   1hazardsend insert
that was not available during the previous revision of the
2safety element.

3(6) Cities and counties that have flood plain management
4ordinances that have been approved by FEMA that substantially
5comply 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 or the flood plain
10ordinance, specifically showing how each requirement of this
11subdivision has been met.

12(7) Prior to the periodic review of its general plan and prior to
13preparing or revising its safety element, each city and county shall
14consult the California Geological Survey of the Department of
15Conservation, the Central Valley Flood Protection Board, if the
16city or county is located within the boundaries of the Sacramento
17and San Joaquin Drainage District, as set forth in Section 8501 of
18the Water Code, and the Office of Emergency Services for the
19purpose of including information known by and available to the
20department, the agency, and the board required by this subdivision.

21(8) To the extent that a county’s safety element is sufficiently
22detailed and contains appropriate policies and programs for
23adoption by a city, a city may adopt that portion of the county’s
24safety element that pertains to the city’s planning area in
25satisfaction of the requirement imposed by this subdivision.

26

SEC. 15.  

Section 67661 of the Government Code is amended
27to read:

28

67661.  

The following may serve as ex officio nonvoting
29members of the board:

30(a) A representative appointed by the Monterey Peninsula
31Community College District.

32(b) A representative appointed by the Monterey Peninsula
33Unified School District.

34(c) A representative designated by the Member of Congress that
35has the majority portion of Ford Ord in his or her Congressional
36District.

37(d) A representative designated by the Senator that has the
38majority portion of Ford Ord in his or her Senate District.

P37   1(e) A representative designated by the Assembly Member that
2has the majority portion of Ford Ord in his or her Assembly
3District.

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

5(g) A representative designated by the Chancellor of the
6California State University.

7(h) A representative designated by the President of the
8University of California.

9(i) A representative designated by the Monterey County Water
10Resources Agency.

11(j) A representative designated by the Transportation Agency
12of Monterey County.

13

SEC. 16.  

Section 5471 of the Health and Safety Code is
14amended to read:

15

5471.  

(a) In addition to the powers granted in the principal
16act, any entity shall have power, by an ordinance or resolution
17approved by a two-thirds vote of the members of the legislative
18body thereof, to prescribe, revise and collect, fees, tolls, rates,
19rentals, or other charges for services and facilities furnished by it,
20either within or without its territorial limits, in connection with its
21water, sanitation, storm drainage, or sewerage system.

22(b) In addition to the powers granted in the principal act, any
23entity shall have power, pursuant to the notice, protest, and hearing
24procedures in Section 53753 of the Government Code, to prescribe,
25revise, and collect water, sewer, or water and sewer standby or
26immediate availability charges for services and facilities furnished
27by it, either within or without its territorial limits, in connection
28with its water, sanitation, storm drainage, or sewerage system.

29(c) The entity may provide that the charge for the service shall
30be collected with the rates, tolls, and charges for any other utility,
31and that any or all of these charges may be billed upon the same
32bill. Where the charge is to be collected with the charges for any
33other utility service furnished by a department or agency of the
34entity and over which its legislative body does not exercise control,
35the consent of the department or agency shall be obtained prior to
36collecting water, sanitation, storm drainage, or sewerage charges
37with the charges for any other utility. Revenues derived under the
38provisions in this section, shall be used only for the acquisition,
39construction, reconstruction, maintenance, and operation of water
40systems and sanitation, storm drainage, or sewerage facilities, to
P38   1repay principal and interest on bonds issued for the construction
2or reconstruction of these water systems and sanitary, storm
3drainage, or sewerage facilities and to repay federal or state loans
4or advances made to the entity for the construction or
5reconstruction of water systems and sanitary, storm drainage, or
6sewerage facilities. However, the revenue shall not be used for the
7acquisition or construction of new local street sewers or laterals
8as distinguished from main trunk, interceptor, and outfall sewers.

9(d) If the procedures set forth in this section as it read at the
10time a standby charge was established were followed, the entity
11may, by ordinance or resolution adopted by a two-thirds vote of
12the members of the legislative body thereof, continue the charge
13pursuant to this section in successive years at the same rate. If new,
14increased, or extended assessments are proposed, the entity shall
15comply with the notice, protest, and hearing procedures in Section
1653753 of the Government Code.

17

SEC. 17.  

Section 5473 of the Health and Safety Code is
18amended to read:

19

5473.  

Any entity which has adopted an ordinance or resolution
20pursuant to this article or an order pursuant to Section 6520.5 may,
21by such ordinance or resolution or by separate ordinances or
22resolutions approved by a two-thirds vote of the members of the
23legislative body thereof, elect to have such charges collected on
24the tax roll in the same manner, by the same persons, and at the
25same time as, together with and not separately from, its general
26taxes. In such event, it shall cause a written report to be prepared
27each year and filed with the clerk, which shall contain a description
28of each parcel of real property receiving such services and facilities
29and the amount of the charge for each parcel for the year, computed
30in conformity with the charges prescribed by the ordinance or
31resolution.

32Any ordinance or resolution adopted pursuant to this section
33authorizing the collection of charges on the tax roll shall remain
34in effect for the time specified in the ordinance or resolution or, if
35no time is specified in the ordinance or resolution, until repealed
36or until a change is made in the rates charged by the entity.

37The powers authorized by this section shall be alternative to all
38other powers of any entity, and alternative to other procedures
39adopted by the legislative body thereof for the collection of such
40charges.

P39   1The real property may be described by reference to maps
2prepared in accordance with Section 327 of the Revenue and
3Taxation Code, and on file in the office of the county assessor or
4by reference to plats or maps on file in the office of the clerk.

5

SEC. 18.  

Section 5474 of the Health and Safety Code is
6amended to read:

7

5474.  

An entity shall have the power by ordinance or resolution
8approved by two-thirds vote of the members of the legislative body
9thereof to fix fees or charges for the privilege of connecting to its
10sanitation or sewerage facilities and improvements constructed by
11the entity pursuant to Sections 5463 and 5464, to fix the time or
12times at which the fees or charges shall become due, to provide
13for the payment of the fees or charges prior to connection or in
14installments over a period of not to exceed 30 years, to provide
15the rate of interest, not to exceed 12 percent per annum, to be
16charged on the unpaid balance of the fees or charges, and to provide
17that the amount of the fees or charges and the interest thereon shall
18constitute a lien against the respective lots or parcels of land to
19which the facilities are connected at the time and in the manner
20specified in Sections 5473.5 and 5473.8. Prior to making the fees
21or charges a lien against the land, the legislative body shall give
22notice to the owners of the lots or parcels of land affected, and the
23notice shall set forth all of the following:

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

25(b) A description of the property subject to the fees or charges,
26which description may be by reference to a plat or diagram on file
27in the office of the clerk of the legislative body, or to maps prepared
28in accordance with Section 327 of the Revenue and Taxation Code,
29and on file in the office of the county assessor.

30(c) The time or times at which the fees or charges shall become
31due.

32(d) The number of installments in which the fees or charges
33shall be payable.

34(e) The rate of interest, not to exceed 12 percent per annum, to
35be charged on the unpaid balance of the fees or charges.

36(f) That it is proposed that the fees or charges and interest
37thereon shall constitute a lien against the lots or parcels of land to
38which the facilities are furnished.

39(g) The time and place at which the legislative body will hold
40a hearing at which persons may appear and present any and all
P40   1objections they may have to the imposition of the fees or charges
2as a lien against the land.

3

SEC. 19.  

Section 5474.8 of the Health and Safety Code is
4amended to read:

5

5474.8.  

Fees or charges imposed by an entity by ordinance or
6resolution adopted pursuant to Section 5474 may differ in amount
7or method of computation from fees or charges imposed by any
8other ordinance or resolution of such entity adopted pursuant to
9Section 5474.

10

SEC. 20.  

Section 13822 of the Health and Safety Code is
11amended to read:

12

13822.  

Once the chief petitioners have filed a sufficient petition
13or a legislative body has filed a resolution of application, the local
14agency formation commission shall proceed pursuant to Chapter
155 (commencing with Section 56825) of Part 3 of Division 3 of
16Title 5 of the Government Code.

17

SEC. 21.  

Section 22161 of the Public Contract Code, as
18amended by Section 2 of Chapter 715 of the Statutes of 2015, is
19amended to read:

20

22161.  

For purposes of this chapter, the following definitions
21apply:

22(a) “Best value” means a value determined by evaluation of
23objective criteria that relate to price, features, functions, life-cycle
24costs, experience, and past performance. A best value determination
25may involve the selection of the lowest cost proposal meeting the
26interests of the local agency and meeting the objectives of the
27project, selection of the best proposal for a stipulated sum
28established by the procuring agency, or a tradeoff between price
29and other specified factors.

30(b) “Construction subcontract” means each subcontract awarded
31by the design-build entity to a subcontractor that will perform work
32or labor or render service to the design-build entity in or about the
33construction of the work or improvement, or a subcontractor
34licensed by the State of California that, under subcontract to the
35design-build entity, specially fabricates and installs a portion of
36the work or improvement according to detailed drawings contained
37in the plans and specifications produced by the design-build team.

38(c) “Design-build” means a project delivery process in which
39both the design and construction of a project are procured from a
40single entity.

P41   1(d) “Design-build entity” means a corporation, limited liability
2company, partnership, joint venture, or other legal entity that is
3able to provide appropriately licensed contracting, architectural,
4and engineering services as needed pursuant to a design-build
5contract.

6(e) “Design-build team” means the design-build entity itself
7and the individuals and other entities identified by the design-build
8entity as members of its team. Members shall include the general
9contractor and, if utilized in the design of the project, all electrical,
10mechanical, and plumbing contractors.

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

12(1) A city, county, or city and county.

13(2) A special district that operates wastewater facilities, solid
14waste management facilities, water recycling facilities, or fire
15protection facilities.

16(3) Any transit district, included transit district, municipal
17operator, included municipal operator, any consolidated agency,
18as described in Section 132353.1 of the Public Utilities Code, any
19joint powers authority formed to provide transit service, any county
20transportation commission created pursuant to Section 130050 of
21the Public Utilities Code, or any other local or regional agency,
22responsible for the construction of transit projects.

23(4) The San Diego Association of Governments, as referenced
24in the San Diego Regional Transportation Consolidation Act
25(Chapter 3 (commencing with Section 132350) of Division 12.7
26of the Public Utilities Code).

27(g) (1) For a local agency defined in paragraph (1) of
28subdivision (f), “project” means the construction of a building or
29buildings and improvements directly related to the construction
30of a building or buildings, county sanitation wastewater treatment
31facilities, and park and recreational facilities, but does not include
32the construction of other infrastructure, including, but not limited
33to, streets and highways, public rail transit, or water resources
34facilities and infrastructure. For a local agency defined in paragraph
35(1) of subdivision (f) that operates wastewater facilities, solid waste
36management facilities, or water recycling facilities, “project” also
37means the construction of regional and local wastewater treatment
38facilities, regional and local solid waste facilities, or regional and
39local water recycling facilities.

P42   1(2) For a local agency defined in paragraph (2) of subdivision
2(f), “project” means the construction of regional and local
3wastewater treatment facilities, regional and local solid waste
4facilities, regional and local water recycling facilities, or fire
5protection facilities.

6(3) For a local agency defined in paragraph (3) of subdivision
7(f), “project” means a transit capital project that begins a project
8solicitation on or after January 1, 2015. A “project,” as defined by
9this paragraph, that begins the solicitation process before January
101, 2015, is subject to Article 6.8 (commencing with Section
1120209.5) of Chapter 1. “Project,” as defined by this paragraph,
12does not include state highway construction or local street and
13road projects.

14(4) For a local agency defined in paragraph (4) of subdivision
15(f), “project” has the same meaning as in paragraph (3), and in
16addition shall include development projects adjacent, or physically
17or functionally related, to transit facilities developed or jointly
18developed by the local agency.

19

SEC. 22.  

Section 11005 of the Revenue and Taxation Code is
20amended to read:

21

11005.  

After payment of refunds therefrom and after making
22the deductions authorized by Section 11003 and reserving the
23amount determined necessary by the Pooled Money Investment
24Board to meet the transfers ordered or proposed to be ordered
25pursuant to Section 16310 of the Government Code, the balance
26of all motor vehicle license fees and any other money appropriated
27by law for expenditure pursuant to this section, deposited to the
28credit of the Motor Vehicle License Fee Account in the
29Transportation Tax Fund, and remaining unexpended in that
30account at the close of business on the last day of the calendar
31month, shall be allocated by the Controller by the 10th day of the
32following month in accordance with the following:

33(a) On and after July 1, 2011, to the Local Law Enforcement
34Services Account in the Local Revenue Fund 2011, as established
35by Section 30025 of the Government Code, for allocation to cities,
36counties, and cities and counties.

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

38(1) First, to the County of Orange. For the 2004-05 fiscal year,
39that county shall be allocated fifty-four million dollars
40($54,000,000) in monthly installments. For the 2005-06 fiscal year
P43   1and each fiscal year thereafter, that county shall receive, in monthly
2installments, an amount equal to the amount allocated under this
3section for the prior fiscal year, adjusted for the percentage change
4in the amount of revenues credited to the Motor Vehicle License
5Fee Account in the Transportation Tax Fund from the revenues
6credited to that account in the prior fiscal year. Moneys allocated
7to the County of Orange under this subdivision shall be used first
8for the service of indebtedness as provided in paragraph (1) of
9subdivision (a) of Section 11001.5. Any amounts in excess of the
10amount required for this service of indebtedness may be used by
11that county for any lawful purpose.

12(2) Second, to each city, the population of which is determined
13under Section 11005.3 on August 5, 2004, in an amount equal to
14the additional amount of vehicle license fee revenue, including
15offset transfers, that would be allocated to that city under Sections
1611000 and 11005, as those sections read on January 1, 2004, as a
17result of that city’s population being determined under subdivision
18(a) or (b) of Section 11005.3.

19(3) Third, to each city that was incorporated from an
20unincorporated territory after August 5, 2004, in an amount equal
21to the product of the following two amounts:

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

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

24(I) Fifty dollars ($50) per year.

25(II) The fraction determined as the total amount of vehicle
26license fee revenue collected during the most recent fiscal year
27divided by the total amount of vehicle license fee revenue collected
28during the 2004-05 fiscal year.

29(ii) The denominator is the fraction determined as the actual
30population, as defined in subdivision (d) of Section 11005.3, of
31all cities during the most recent fiscal year, divided by the actual
32population, as defined in subdivision (d) of Section 11005.3, of
33all cities in the 2004-05 fiscal year.

34(B) The city’s population determined in accordance with Section
3511005.3.

36(4) Fourth, to each city that was incorporated before August 5,
372004, in an amount equal to the product of the following two
38amounts:

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

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

P44   1(I) Fifty dollars ($50) per year.

2(II) The fraction determined as the total amount of vehicle
3license fee revenue collected during the most recent fiscal year
4divided by the total amount of vehicle license fee revenue collected
5during the 2004-05 fiscal year.

6(ii) The denominator is the fraction determined as the actual
7population, as defined in subdivision (d) of Section 11005.3, of
8all cities during the most recent fiscal year, divided by the actual
9population, as defined in subdivision (d) of Section 11005.3, of
10all cities in the 2004-05 fiscal year.

11(B) The actual population, as defined in subdivision (d) of
12Section 11005.3, residing in areas annexed after August 5, 2004,
13as of the date of annexation.

14(5) Fifth, to the cities and cities and counties of this state in the
15proportion that the population of each city or city and county bears
16to the total population of all cities and cities and counties in this
17state, as determined by the Demographic Research Unit of the
18Department of Finance. For the purpose of this subdivision, the
19population of each city or city and county shall be determined in
20accordance with Section 11005.3.

21

SEC. 23.  

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

23

11005.3.  

(a) In the case of a city that incorporated on or after
24January 1, 1987, and before August 5, 2004, the Controller shall
25determine that the population of the city for its first 10 full fiscal
26years, and any portion of the first year in which the incorporation
27is effective if less than a full fiscal year, is the greater of either:

28(1) The number of registered voters in the city multiplied by
29three. The number of registered voters shall be calculated as of the
30effective date of the incorporation of the city.

31(2) The actual population, as defined in subdivision (d).

32(b) In the case of a city that incorporated on or after January 1,
331987, and before August 5, 2004, and for which the application
34for incorporation was filed with the executive officer of the local
35agency formation commission pursuant to subdivision (a) of
36Section 56828 of the Government Code on or after January 1,
371991, the Controller shall determine that the population of the city
38for its first seven full fiscal years, and any portion of the first year
39in which the incorporation is effective if less than a full fiscal year,
40is the greater of either:

P45   1(1) The number of registered voters in the city multiplied by
2three. The number of registered voters shall be calculated as of the
3effective date of the incorporation of the city.

4(2) The actual population, as defined in subdivision (d).

5(c) In the case of a city that was incorporated from
6 unincorporated territory after August 5, 2004, the Controller shall
7determine the population of the city as follows:

8(1) For its first 12 months, 150 percent of the city’s actual
9population.

10(2) For its 13th through 24th months, 140 percent of the city’s
11actual population.

12(3) For its 25th through 36th months, 130 percent of the city’s
13actual population.

14(4) For its 37th through 48th months, 120 percent of the city’s
15actual population.

16(5) For its 49th through 60th months, 110 percent of the city’s
17actual population.

18(6) After its 60th month, the city’s actual population.

19(d) For purposes of this section, “actual population” means the
20population determined by the last federal decennial or special
21census, or a subsequent census validated by the Demographic
22Research Unit of the Department of Finance or subsequent estimate
23prepared pursuant to Section 2107.2 of the Streets and Highways
24Code.

25(e) In the case of unincorporated territory being annexed to a
26city, during the 10-year, 7-year, or 5-year period following
27incorporation, as the case may be, subsequent to the last federal
28census, or a subsequent census validated by the Demographic
29Research Unit of the Department of Finance, the unit shall
30determine the population of the annexed territory by the use of
31any federal decennial or special census or any estimate prepared
32pursuant to Section 2107.2 of the Streets and Highways Code. The
33population of the annexed territory as determined by the
34Demographic Research Unit shall be added to the city’s population
35as previously determined by the Controller pursuant to paragraph
36(1) or (2) of subdivision (a), paragraph (1) or (2) of subdivision
37(b), or subdivision (c), as applicable.

38(f) After the 10-year, 7-year, or 5-year period following
39incorporation, as the case may be, the Controller shall determine
P46   1the population of the city as the city’s actual population, as defined
2in subdivision (d).

3(g) The amendments made to this section by the act adding this
4subdivision shall not apply with respect to either of the following:

5(1) Any city that has adopted an ordinance or resolution,
6approved a ballot measure, or is subject to a consent decree or
7court order, that annually limits the number of housing units that
8may be constructed within the city.

9(2) Any city that has not prepared and adopted a housing element
10in compliance with Section 65585 of the Government Code.

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

12

SEC. 24.  

Section 19201 of the Revenue and Taxation Code is
13amended to read:

14

19201.  

If any amount due under Part 10 (commencing with
15Section 17001), Part 11 (commencing with Section 23001), or any
16amount that may be collected by the Franchise Tax Board as though
17it were a tax, is not paid, the Franchise Tax Board may file in the
18Office of the Clerk of the Court of Sacramento County, or any
19other county, a certificate specifying the amount due, the name
20and last known address of the taxpayer liable for the amount due,
21and the fact that the Franchise Tax Board has complied with all
22provisions of the law in the computation and levy of the amount
23due, and a request that judgment be entered against the taxpayer
24in the amount set forth in the certificate.

25

SEC. 25.  

Section 19202 of the Revenue and Taxation Code is
26amended to read:

27

19202.  

The clerk of the court immediately upon the filing of
28the certificate shall enter a judgment for the people of the State of
29California against the taxpayer in the amount set forth in the
30certificate. The clerk of the court may file the judgment in a
31loose-leaf book entitled “Personal Income Tax Judgments” or
32“Bank and Corporation Tax Judgments,” as appropriate.

33

SEC. 26.  

Section 2105 of the Streets and Highways Code is
34amended to read:

35

2105.  

Notwithstanding Section 13340 of the Government Code,
36in addition to the apportionments prescribed by Sections 2104,
372106, and 2107, from the revenues derived from a per gallon tax
38imposed pursuant to Section 7360 of the Revenue and Taxation
39Code, and a per gallon tax imposed pursuant to Sections 8651,
408651.5, and 8651.6 of the Revenue and Taxation Code, and a per
P47   1gallon tax imposed pursuant to Sections 60050 and 60115 of the
2Revenue and Taxation Code, the following apportionments shall
3be made:

4(a) A sum equal to 1.035 cents ($0.01035) per gallon from the
5tax under Section 7360 of the Revenue and Taxation Code, 11.5
6percent of any per gallon tax in excess of nine cents ($0.09) per
7gallon under Sections 8651, 8651.5, and 8651.6 of the Revenue
8and Taxation Code, and 1.035 cents ($0.01035) per gallon from
9the tax under Sections 60050 and 60115 of the Revenue and
10Taxation Code, shall be apportioned among the counties, including
11a city and county.

12The amount of apportionment to each county, including a city
13and county, during a fiscal year shall be calculated as follows:

14(1) One million dollars ($1,000,000) for apportionment to all
15counties, including a city and county, in proportion to each county’s
16receipts during the prior fiscal year under Sections 2104 and 2106.

17(2) One million dollars ($1,000,000) for apportionment to all
18counties, including a city and county, as follows:

19(A) Seventy-five percent in the proportion that the number of
20fee-paid and exempt vehicles which are registered in the county
21bears to the number of fee-paid and exempt vehicles registered in
22the state.

23(B) Twenty-five percent in the proportion that the number of
24miles of maintained county roads in the county bears to the miles
25of maintained county roads in the state.

26(3) For each county, determine its factor which is the higher
27amount calculated pursuant to paragraph (1) or (2) divided by the
28sum of the higher amounts for all of the counties.

29(4) The amount to be apportioned to each county is equal to its
30factor multiplied by the amount available for apportionment.

31(b) A sum equal to 1.035 cents ($0.01035) per gallon from the
32tax under Section 7360 of the Revenue and Taxation Code, 11.5
33percent of any per gallon tax in excess of nine cents ($0.09) per
34gallon under Sections 8651, 8651.5, and 8651.6 of the Revenue
35and Taxation Code, and 1.035 cents ($0.01035) per gallon from
36the tax under Sections 60050 and 60115 of the Revenue and
37Taxation Code, shall be apportioned to cities, including a city and
38county, in the proportion that the total population of the city bears
39to the total population of all the cities in the state.

P48   1(c) (1) Transfers of revenues from the Highway Users Tax
2Account to counties or cities pursuant to this section collected
3during the months of March, April, May, June, and July of 2008,
4shall be made with the transfer of August 2008 revenues in
5September of 2008. This suspension shall not apply to a county
6with a population of less than 40,000.

7(2) For the purpose of meeting the cash obligations associated
8with ongoing budgeted costs, a city or county may make use of
9any cash balance in the city account that is designated for the
10receipt of state funds allocated for local streets and roads or the
11county road fund, including that resulting from the receipt of funds
12pursuant to the Highway Safety, Traffic Reduction, Air Quality,
13and Port Security Bond Act of 2006 (Chapter 12.49 (commencing
14with Section 8879.20) of Division 1 of Title 2 of the Government
15Code (hereafter bond act)) for local streets and roads maintenance,
16during the period of this suspension, without the use of this cash
17being reflected as an expenditure of bond act funds, provided the
18cash is replaced once this suspension is repaid in September of
192008. Counties and cities may accrue the revenue received in
20September 2008 as repayment of these suspensions for the months
21of April, May, and June of 2008 back to the 2007-08 fiscal year.
22Nothing in this paragraph shall change the fact that expenditures
23must be accrued and reflected from the appropriate funding sources
24for which the moneys were received and meet all the requirements
25of those funding sources.

26(d) (1) The transfer of revenues from the Highway Users Tax
27Account to counties or cities pursuant to this section collected
28during the months of January, February, and March 2009 shall be
29made with the transfer of April 2009 revenues in May 2009.

30(2) For the purpose of meeting the cash obligations associated
31with ongoing budgeted costs, a city or county may make use of
32any cash balance in the city account that is designated for the
33receipt of state funds allocated for local streets and roads or the
34county road fund, including that resulting from the receipt of funds
35pursuant to the Highway Safety, Traffic Reduction, Air Quality,
36and Port Security Bond Act of 2006 (Chapter 12.49 (commencing
37with Section 8879.20) of Division 1 of Title 2 of the Government
38Code (bond act)) for local streets and roads maintenance, during
39the period of this suspension, and the use of this cash shall not be
40considered as an expenditure of bond act funds, if the cash is
P49   1replaced when the payments that are suspended pursuant to this
2subdivision are repaid in May 2009.

3(3) This subdivision shall not affect any requirement that an
4expenditure is required to be accrued and reflected from the
5appropriate funding source for which the money was received and
6to meet all the requirements of its funding source.

7

SEC. 27.  

Section 36601 of the Streets and Highways Code is
8amended to read:

9

36601.  

The Legislature finds and declares all of the following:

10(a) Businesses located and operating within business districts
11in some of this state’s communities are economically
12disadvantaged, are underutilized, and are unable to attract
13customers due to inadequate facilities, services, and activities in
14the business districts.

15(b) It is in the public interest to promote the economic
16revitalization and physical maintenance of business districts in
17order to create jobs, attract new businesses, and prevent the erosion
18of the business districts.

19(c) It is of particular local benefit to allow business districts to
20fund business related improvements, maintenance, and activities
21through the levy of assessments upon the businesses or real
22property that receive benefits from those improvements.

23(d) Assessments levied for the purpose of conferring special
24benefit upon the real property or a specific benefit upon the
25businesses in a business district are not taxes for the general benefit
26of a city, even if property, businesses, or persons not assessed
27receive incidental or collateral effects that benefit them.

28(e) Property and business improvement districts formed
29throughout this state have conferred special benefits upon
30properties and businesses within their districts and have made
31those properties and businesses more useful by providing the
32following benefits:

33(1) Crime reduction. A study by the Rand Corporation has
34confirmed a 12-percent reduction in the incidence of robbery and
35an 8-percent reduction in the total incidence of violent crimes
36within the 30 districts studied.

37(2) Job creation.

38(3) Business attraction.

39(4) Business retention.

40(5) Economic growth.

P50   1(6) New investments.

2(f) With the dissolution of redevelopment agencies throughout
3the state, property and business improvement districts have become
4even more important tools with which communities can combat
5blight, promote economic opportunities, and create a clean and
6safe environment.

7(g) Since the enactment of this act, the people of California have
8adopted Proposition 218, which added Article XIII D to the
9Constitution in order to place certain requirements and restrictions
10on the formation of, and activities, expenditures, and assessments
11by property-based districts. Article XIII D of the Constitution
12provides that property-based districts may only levy assessments
13for special benefits.

14(h) The act amending this section is intended to provide the
15Legislature’s guidance with regard to this act, its interaction with
16the provisions of Article XIII D of the Constitution, and the
17determination of special benefits in property-based districts.

18(1) The lack of legislative guidance has resulted in uncertainty
19and inconsistent application of this act, which discourages the use
20of assessments to fund needed improvements, maintenance, and
21activities in property-based districts, contributing to blight and
22other underutilization of property.

23(2) Activities undertaken for the purpose of conferring special
24benefits upon property to be assessed inherently produce incidental
25or collateral effects that benefit property or persons not assessed.
26Therefore, for special benefits to exist as a separate and distinct
27category from general benefits, the incidental or collateral effects
28of those special benefits are inherently part of those special
29benefits. The mere fact that special benefits produce incidental or
30collateral effects that benefit property or persons not assessed does
31not convert any portion of those special benefits or their incidental
32or collateral effects into general benefits.

33(3) It is of the utmost importance that property-based districts
34created under this act have clarity regarding restrictions on
35assessments they may levy and the proper determination of special
36benefits. Legislative clarity with regard to this act will provide
37districts with clear instructions and courts with legislative intent
38regarding restrictions on property-based assessments, and the
39manner in which special benefits should be determined.

P51   1

SEC. 28.  

Section 36606 of the Streets and Highways Code is
2amended to read:

3

36606.  

“Activities” means, but is not limited to, all of the
4following that benefit businesses or real property in the district:

5(a) Promotion of public events.

6(b) Furnishing of music in any public place.

7(c) Promotion of tourism within the district.

8(d) Marketing and economic development, including retail
9retention and recruitment.

10(e) Providing security, sanitation, graffiti removal, street and
11sidewalk cleaning, and other municipal services supplemental to
12those normally provided by the municipality.

13(f) Other services provided for the purpose of conferring special
14benefit upon assessed real property or specific benefits upon
15assessed businesses located in the district.

16

SEC. 29.  

Section 36610 of the Streets and Highways Code is
17amended to read:

18

36610.  

“Improvement” means the acquisition, construction,
19installation, or maintenance of any tangible property with an
20estimated useful life of five years or more including, but not limited
21to, the following:

22(a) Parking facilities.

23(b) Benches, booths, kiosks, display cases, pedestrian shelters
24and signs.

25(c) Trash receptacles and public restrooms.

26(d) Lighting and heating facilities.

27(e) Decorations.

28(f) Parks.

29(g) Fountains.

30(h) Planting areas.

31(i) Closing, opening, widening, or narrowing of existing streets.

32(j) Facilities or equipment, or both, to enhance security of
33persons and property within the district.

34(k) Ramps, sidewalks, plazas, and pedestrian malls.

35(l) Rehabilitation or removal of existing structures.

36

SEC. 30.  

Section 36625 of the Streets and Highways Code is
37amended to read:

38

36625.  

(a) If the city council, following the public hearing,
39decides to establish a proposed property and business improvement
P52   1district, the city council shall adopt a resolution of formation that
2shall include, but is not limited to, all of the following:

3(1) A brief description of the proposed improvements,
4maintenance, and activities, the amount of the proposed assessment,
5a statement as to whether the assessment will be levied on property,
6businesses, or both within the district, a statement on whether
7bonds will be issued, and a description of the exterior boundaries
8of the proposed district, which may be made by reference to any
9plan or map that is on file with the clerk. The descriptions and
10statements need not be detailed and shall be sufficient if they enable
11an owner to generally identify the nature and extent of the
12improvements, maintenance, and activities and the location and
13extent of the proposed district.

14(2) The number, date of adoption, and title of the resolution of
15intention.

16(3) The time and place where the public hearing was held
17concerning the establishment of the district.

18(4) A determination regarding any protests received. The city
19shall not establish the district or levy assessments if a majority
20protest was received.

21(5) A statement that the properties, businesses, or properties
22and businesses in the district established by the resolution shall be
23subject to any amendments to this part.

24(6) A statement that the improvements, maintenance, and
25activities to be conferred on businesses and properties in the district
26will be funded by the levy of the assessments. The revenue from
27the levy of assessments within a district shall not be used to provide
28improvements, maintenance, or activities outside the district or
29for any purpose other than the purposes specified in the resolution
30of intention, as modified by the city council at the hearing
31concerning establishment of the district. Notwithstanding the
32foregoing, improvements and activities that must be provided
33outside the district boundaries to create a special or specific benefit
34to the assessed parcels or businesses may be provided, but shall
35be limited to marketing or signage pointing to the district.

36(7) A finding that the property or businesses within the area of
37the property and business improvement district will be benefited
38by the improvements, maintenance, and activities funded by the
39proposed assessments, and, for a property-based district, that
40property within the district will receive a special benefit.

P53   1(8) In a property-based district, the total amount of all special
2benefits to be conferred on the properties within the property-based
3district.

4(b) The adoption of the resolution of formation and, if required,
5recordation of the notice and map pursuant to Section 36627 shall
6constitute the levy of an assessment in each of the fiscal years
7referred to in the management district plan.

8

SEC. 31.  

Section 36670 of the Streets and Highways Code is
9amended to read:

10

36670.  

(a) Any district established or extended pursuant to
11the provisions of this part, where there is no indebtedness,
12outstanding and unpaid, incurred to accomplish any of the purposes
13of the district, may be disestablished by resolution by the city
14council in either of the following circumstances:

15(1) If the city council finds there has been misappropriation of
16funds, malfeasance, or a violation of law in connection with the
17management of the district, it shall notice a hearing on
18disestablishment.

19(2) During the operation of the district, there shall be a 30-day
20period each year in which assessees may request disestablishment
21of the district. The first such period shall begin one year after the
22date of establishment of the district and shall continue for 30 days.
23The next such 30-day period shall begin two years after the date
24of the establishment of the district. Each successive year of
25operation of the district shall have such a 30-day period. Upon the
26written petition of the owners or authorized representatives of real
27property or the owners or authorized representatives of businesses
28in the district who pay 50 percent or more of the assessments
29levied, the city council shall pass a resolution of intention to
30disestablish the district. The city council shall notice a hearing on
31disestablishment.

32(b) The city council shall adopt a resolution of intention to
33disestablish the district prior to the public hearing required by this
34section. The resolution shall state the reason for the
35disestablishment, shall state the time and place of the public
36hearing, and shall contain a proposal to dispose of any assets
37acquired with the revenues of the assessments levied within the
38property and business improvement district. The notice of the
39hearing on disestablishment required by this section shall be given
40by mail to the property owner of each parcel or to the owner of
P54   1each business subject to assessment in the district, as appropriate.
2The city shall conduct the public hearing not less than 30 days
3after mailing the notice to the property or business owners. The
4public hearing shall be held not more than 60 days after the
5adoption of the resolution of intention.

6

SEC. 32.  

Section 7.3 of the Kern County Water Agency Act
7 (Chapter 1003 of the Statutes of 1961), as amended by Section 2
8of Chapter 832 of the Statutes of 1972, is repealed.

9

SEC. 33.  

Section 7.6 of the Kern County Water Agency Act
10 (Chapter 1003 of the Statutes of 1961), as added by Section 2 of
11Chapter 49 of the Statutes of 1982, is amended to read:

12

begin deleteSec.7.6.end delete
13
begin insertSec. 7.6.end insert  

(a) The board of directors shall not approve an agency
14budget unless the board has first conducted a public hearing.

15(b) The board shall publish a notice of the hearing pursuant to
16Section 6066 of the Government Code.

17

SEC. 34.  

Section 8 of the Kern County Water Agency Act
18 (Chapter 1003 of the Statutes of 1961) is repealed.

19

SEC. 35.  

If the Commission on State Mandates determines
20that this act contains costs mandated by the state, reimbursement
21to local agencies and school districts for those costs shall be made
22pursuant to Part 7 (commencing with Section 17500) of Division
234 of Title 2 of the Government Code.



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