AB 80,
as amended, Committee on Budget. begin delete Courts. end deletebegin insertDrought relief.end insert
(1) The California Constitution requires the reasonable and beneficial use of water. Under the public trust doctrine, the State Water Resources Control Board, among other state agencies, is required to take the public trust into account in the planning and allocation of water resources and to protect the public trust whenever feasible. Existing law establishes the Water Rights Fund, which consists of various fees and penalties. The moneys in the Water Rights Fund are available, upon appropriation by the Legislature, for the administration of the board’s water rights program.
end insertbegin insertThis bill would provide that a person or entity in violation of a term or condition of a permit, license, certificate, or registration issued or adopted by the board, as prescribed, or the public trust doctrine, is liable in an amount not to exceed $500 for each day in which the violation occurs. These funds would be deposited in the Water Rights Fund.
end insertbegin insert(2) Existing law, the California Emergency Services Act sets forth the emergency powers of the Governor under its provisions.
end insertbegin insertThis bill would provide that the provisions of this bill described in (1) apply only in a critically dry year immediately preceded by 2 or more consecutive below normal, dry, or critically dry years, or during a period for which the Governor has issued a proclamation of a state of emergency based on drought conditions.
end insertbegin insert(3) Under existing law, the Disaster Assistance Fund is continuously appropriated, without regard to fiscal years, for purposes of the California Disaster Assistance Act. Existing law requires the Director of the Office of Emergency Services, whenever funds are available for purpose of the act, to make allocations in the amounts that the director determines to be necessary to state agencies for making the investigations, estimates, and reports required by the act.
end insertbegin insertThis bill would authorize the director, when a proclamation of a state of emergency has been issued, to make allocations of funds available for the purposes of the act in the amounts that the director determines necessary to state agencies for expenditures incurred performing extraordinary emergency measures. This bill would prohibit these allocations from being made to reimburse employee costs related to emergency work activities or any permanent repairs to the agency’s own facilities.
end insertbegin insert(4) Existing law declares that the diversion or use of water other than as authorized by specified provisions of law is a trespass. Existing law authorizes the imposition of civil liability for a trespass in an amount not to exceed $500 for each day in which the trespass occurs.
end insertbegin insertThis bill would authorize the imposition of civil liability by the board or superior court in an amount not to exceed the sum of $1,000 for each day in which the trespass occurs and $2,500 for each acre-foot of water diverted or used other than as authorized during a critically dry year immediately preceded by 2 or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency based on drought conditions.
end insertbegin insert(5) Under existing law, a person who violates a cease and desist order may be liable in an amount not to exceed $1,000 for each day in which the violation occurs. Revenue generated from these penalties is deposited in the Water Rights Fund.
end insertbegin insertThis bill, for a violation occurring in a critically dry year immediately preceded by 2 or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency based on drought conditions, would authorize a person violating a cease and desist order to be liable in an amount not to exceed $10,000 for each day in which the violation occurs.
end insertbegin insert(6) Under existing law, emergency regulations of the board are not subject to review by the Office of Administrative Law if the board adopts findings that the emergency regulation is adopted to prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water to promote wastewater reclamation, or to promote water conservation, and that the emergency regulation is adopted in response to conditions which exist, or are threatened, in a critically dry year immediately preceded by 2 or more consecutive dry or critically dry years.
end insertbegin insertThis bill also would allow the adoption of emergency regulations by the board if the board finds the emergency regulation is adopted to require curtailment of diversions when water is not available under the diverter’s priority of right. This bill instead would require the emergency regulation to be adopted in response to conditions which exist, or are threatened, in a critically dry year immediately preceded by 2 or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency based on drought conditions. This bill would make a violation of a regulation adopted by the board under these provisions an infraction punishable by a fine of up to $500 for each day in which the violation occurs. By creating a new crime, this bill would impose a state-mandated local program.
end insertbegin insertExisting law provides that these emergency regulations are authorized to remain in effect for up to 270 days, as prescribed.
end insertbegin insertThis bill would permit an emergency regulation adopted under these provisions to be renewed if the board determines that the above-described conditions are still in effect.
end insertbegin insert(7) Existing law authorizes the board to issue a cease and desist order against a person who is violating, or threatening to violate, certain requirements, including requirements set forth in a decision or order relating to the unauthorized use of water.
end insertbegin insertThis bill would authorize the board to issue a cease and desist order in response to a violation or threatened violation of an emergency regulation adopted pursuant to the provisions described in (6).
end insertbegin insert(8) Existing law requires the State Department of Public Health to adopt uniform water recycling criteria for indirect potable water reuse for groundwater recharge, as defined, by December 31, 2013.
end insertbegin insertThis bill would require the State Department of Public Health, no later than June 30, 2014, to adopt by emergency regulations requirements for groundwater replenishment using recycled water.
end insertbegin insert(9) Existing law creates the Housing Rehabilitation Loan Fund and continuously appropriates moneys in the fund for, among other purposes, making specified deferred payment housing rehabilitation loans.
end insertbegin insertThis bill, to the extent no other funding sources are available, would make available $10,000,000 in the fund to the department for the purpose of providing housing rental-related subsidies to persons rendered homeless, or at risk of becoming homeless, due to unemployment, underemployment, or other economic hardship resulting from the state of emergency proclaimed by the Governor based on drought conditions. This bill would authorize the department to administer the housing rental-related subsidies or contract with qualified local government agencies or nonprofit organizations to administer the program.
end insertbegin insert(10) Existing law authorizes the Department of Housing and Community Development to contract with local public and private nonprofit agencies to provide housing services, including shelter, education, sanitation, and day care services, for migrant agricultural workers, through the development, construction, reconstruction, rehabilitation, or operation of a migrant farm labor center.
end insertbegin insertThis bill would require the department to make the Office of Migrant Services centers available for rent by persons or families experiencing economic hardships as a result of the drought.
end insertbegin insert(11) Existing law authorizes the Employment Development Department to collect and administer an employment training tax. Existing law establishes the Employment Training Panel (ETP) in the Employment Development Department, and prescribes the functions and duties of the ETP with respect to the development, implementation, and administration of various employment training programs in the state. Existing law requires the ETP to establish the Partnership for Workforce Recovery Training for the purpose of supporting and implementing the workforce development goals set forth in the federal American Recovery and Reinvestment Act of 2009.
end insertbegin insertThis bill would eliminate the requirement that the ETP establish the Partnership for Workforce Recovery Training, and would instead require the ETP to develop and publish guidelines for the purpose of supporting and implementing one or more alternative fund programs to reimburse the cost of training using funds from a source other than the employment training tax.
end insertbegin insertThis bill would require the ETP, as needed in response to a proclamation of a state of emergency issued by the Governor under the California Emergency Services Act, to identify industries and occupations that shall be priorities for training funds for the purpose of funding special employment training projects that improve the skills and employment security of frontline workers and to waive specified wage and employment retention provisions.
end insertbegin insertExisting law, with respect to funds appropriated in the annual Budget Act to the department for allocation by the ETP for the training of workers in regions suffering from high unemployment and low job creation, authorizes the ETP to waive the minimum wage requirements for participation in the program in certain circumstances.
end insertbegin insertThis bill would provide that the ETP may waive the minimum wage requirements with respect to funds appropriated to the department for allocation by the ETP in the annual Budget Act for training of workers in regions identified in a proclamation of a state of emergency issued by the Governor under the California Emergency Services Act.
end insertbegin insert(12) Existing law, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, an initiative bond act, authorizes the issuance of bonds in the amount of $5,388,000,000 for the purposes of financing a safe drinking water, water quality and supply, flood control, and resource protection program.
end insertbegin insertThis bill would appropriate $472,500,000 from these bond funds for the purposes of integrated regional water management grants.
end insertbegin insert(13) The bill would require, to the extent feasible and appropriate, water conservation and drought response projects funded pursuant to these provisions and the provisions of the bill described in paragraph (15) to use the services of the California Conservation Corps or certified community conservation corps.
end insertbegin insert(14) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertbegin insert(15) This bill would become operative only if AB 79 or SB 103 is enacted, amending the Budget Act of 2013.
end insertbegin insert(16) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
end insert(1) Existing law requires the small claims court to charge and collect a fee of $10 from the plaintiff for each defendant on whom the court clerk serves a copy of the plaintiff’s claim by mail.
end deleteThis bill would increase that fee to $15 for each defendant to whom a copy of the claim is mailed by the small claims court clerk.
end delete(2) Existing law requires the Controller, to the extent feasible, to offset any amount overdue and unpaid for a fine, penalty, assessment, bail, vehicle parking penalty, or court-ordered reimbursement for court-related services, from a person or entity, against any amount owing the person or entity by a state agency on a claim for a refund from the Franchise Tax Board under the Personal Income Tax Law or the Bank and Corporation Tax Law, from winnings in the California State Lottery, or from a cash payment of a claim for unclaimed property held by the state, as specified. Existing law requires the Controller to deduct and retain from any amount offset in favor of a city or county an amount sufficient to reimburse the administrative costs of processing the offset payment.
end deleteThis bill would prohibit the Controller and the Franchise Tax Board from conditioning a request for offset on the submission of a person’s social security number. The bill would additionally require the Controller to deduct and retain from any amount offset in favor of a court an amount sufficient to reimburse the administrative costs of processing the offset payment. The bill would authorize the Franchise Tax Board, if necessary to confirm the identity of a person before making an offset, and upon paying any necessary fees, to obtain a social security number from the Department of Motor Vehicles, as specified.
end delete(3) Existing law requires the Legislature to make an annual appropriation to the Judicial Council for the general operations of the trial courts based on the request of the Judicial Council, which is submitted to the Governor and the Legislature. Existing law requires the Judicial Council to retain the ultimate responsibility to adopt a budget and allocate funding for the trial courts. Existing law requires the Judicial Council to set a preliminary allocation for each trial court in July of each fiscal year and to finalize those allocations in January, as specified. Existing law, until June 30, 2014, authorizes a trial court to carry unexpended funds over from one fiscal year to the next. Existing law, commencing June 30, 2014, authorizes a trial court to carry over unexpended funds in an amount not to exceed 1% of the court’s operating budget from the prior fiscal year.
end deleteThis bill would require the Judicial Council to include an estimate of the available trial court reserves as of June 30 of the prior fiscal year when setting its July preliminary allocation and to offset each court’s allocation by the amount of reserves in excess of the amount authorized to be carried over, as specified. The bill would similarly require the Judicial Council to finalize its January allocations after review of available trial court reserves as of June 30 of the prior fiscal year and to offset each court’s allocation as described above. The bill would exempt certain funds from the calculation of the 1% authorized to be carried over from the prior fiscal year.
end delete(4) Existing law establishes the Trial Court Trust Fund to fund trial court operations, as specified.
end deleteThis bill would authorize the Administrative Office of the Courts (AOC) to make loans to the Trial Court Trust Fund from specified funds if the cash balance of the Trial Court Trust Fund is insufficient to support trial court operations during the fiscal year, but would prohibit the total amount of outstanding loans from exceeding $150,000,000, as specified. The bill would prohibit AOC from authorizing a loan pursuant to these provisions to provide cash resources to any court that has not first provided a balanced budget approved by the Judicial Council. The bill would also authorize the AOC to transfer funds from the Trial Court Trust Fund for the repayment of these loans and would prohibit the charge or payment of interest, as specified. The bill would require that all loans made pursuant to these provisions be repaid within 2 years, as provided.
end delete(5) Existing law requires, for each proceeding lasting less than one hour, a fee of $30 to be charged for the reasonable cost of the services of an official court reporter.
end deleteThis bill would require the proceeds of the fee to be distributed to the court in which the fee was collected.
end delete(6) Existing law, until January 1, 2017, requires each trial court, prior to adopting a baseline budget plan for the fiscal year, to provide the public notice of, and an opportunity for input on, through submission of written documents or a public hearing, the trial court’s proposed budget plan, and requires the baseline budget plan to be made available to the public at the courthouse and on the court’s public Internet Web site no less than 3 court days prior to the hearing or, if there is no hearing, prior to adoption of the plan.
end deleteThis bill would extend the operation of these provisions indefinitely.
end delete(7) Existing law provides the fee for an exemplification of a record is $20, in addition to other charges allowed.
end deleteThis bill would increase the fee to $50 for an exemplification, in addition to other charges allowed.
end delete(8) Existing law provides that a person released from prison after serving a term for certain crimes is subject to parole supervision, as specified, and the jurisdiction of the court where the person is released or resides for the purpose of hearing petitions to revoke parole and impose a term of custody.
end deleteThis bill would expand those provisions to provide that jurisdiction for that purpose also includes the jurisdiction of the court in any county where the supervised person is arrested. The bill would make additional conforming changes relating to persons subject to mandatory supervision and postrelease community supervision, as specified.
end delete(9) Existing law, the California Community Corrections Performance Incentives Act of 2009, authorizes each county to establish a Community Corrections Performance Incentives Fund, and authorizes the state to annually allocate moneys into a State Community Corrections Performance Incentives Fund to be used for specified purposes relating to improving local probation supervision practices and capacities, as specified. The act defines “community corrections” for these purposes to mean the placement of persons convicted of a felony offense under probation supervision, with conditions imposed by a court for a specified period.
end deleteThis bill would expand those provisions to additionally include within “community corrections” the placement of persons convicted of a felony offense under mandatory supervision or postrelease community supervision, as specified. The bill would make additional conforming changes.
end delete(10) Existing law, until January 1, 2015, requires the Administrative Office of the Courts, in consultation with the Chief Probation Officers of California, to specify and define minimum required outcome-based measures, which shall include, among other things, the percentage of persons on felony probation who are being supervised in accordance with evidence-based practices. Existing law requires the Administrative Office of the Courts, in consultation with the Chief Probation Officer of each county and the Department of Corrections and Rehabilitation, to provide a quarterly statistical report to the Department of Finance, including statistical information pertaining to felons and persons on felony probation for each county.
end deleteThis bill would expand these provisions to include persons who were placed on mandatory supervision and postrelease community supervision on and after January 1, 2012, as specified. The bill would extend the operation of the provisions described in this paragraph indefinitely.
end delete(11) Existing law requires the AOC, in consultation with the Chief Probation Officers of California, the Department of Corrections and Rehabilitation, and the Department of Finance, to submit a report to the Governor and the Legislature pertaining to community corrections programs for felony probationers, as specified.
end deleteThis bill would expand these provisions to include data regarding persons who were placed on mandatory supervision and postrelease community supervision.
end delete(12) Existing law provides for a probation failure reduction incentive payment for each eligible county, and establishes 2 tiers for evaluating counties for purposes of calculating that payment. Existing law also provides high performance grants to county probation departments for purposes of bolstering practices to reduce recidivism.
end deleteThis bill would establish a 3rd tier for the purposes of calculating a probation failure reduction incentive payment. The bill would provide that a county that fails to submit specified required information to the AOC would not be eligible for the incentive payment or the grant, as specified. The bill would modify the funding and calculation of the incentive payments and grants. The bill would appropriate $1,000,000 from the State Community Corrections Performance Incentive Fund to the judicial branch for the costs of implementing and administering the probation failure reduction incentive payment, as specified.
end delete(13) Existing law, until January 1, 2015, requires after the conclusion of each calendar year, the Director of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the Chief Probation Officers of California, and the AOC, to calculate the probation failure rate for counties and for the state, as specified.
end deleteThis bill would additionally require calculation of mandatory supervision failure to prison rates and postrelease community supervision to failure to prison rates, for counties and for the state, as specified. The bill would extend the operation of these provisions indefinitely.
end delete(14) Existing law, commencing not earlier than July 1, 2011, and not later than December 15, 2012, requires the California State Auditor to establish a pilot program to audit 6 trial courts, as provided, and to commence an audit of the trial courts on or before December 15, 2013. It also requires, not later than December 15, 2013, and biennially thereafter, an audit of the AOC, the Habeas Corpus Resource Center, and the appellate courts.
end deleteThis bill would instead require the audit of the AOC, the Habeas Corpus Resource Center, the California Supreme Court, and the appellate courts to commence on or before July 1, 2013, and a copy of the final audit report of the AOC to be provided to specified entities on or before December 31, 2013. The bill would, on January 1, 2014, repeal these provisions, and would instead require the California State Auditor to biennially audit 5 judicial branch entities and the AOC, as specified, subject to an appropriation for this purpose, and to provide a final audit report to the judicial branch entity, the Legislature, the Judicial Council, and the Department of Finance, as provided.
end delete(15) Existing law authorizes the board of supervisors to designate a county financial evaluation officer to make financial evaluations of liability for reimbursement of the costs of support of a minor, as specified, and authorizes that officer to petition the court for an order requiring the person who is determined to be financially responsible to pay those costs. Under existing law, if the parent or guardian is currently receiving reunification services, and the court finds that repayment by the parent or guardian will pose a barrier to reunification with the child, as specified, the court shall not order repayment of those costs by the parent or guardian.
end deleteThis bill would prohibit the county financial officer from petitioning the court for an order of repayment of those costs, and the court from ordering that repayment, based upon either the finding of the court or the determination of the county financial officer, that repayment by the parent or guardian will pose a barrier to reunification with the child, as specified.
end delete(16) This bill would also require the Judicial Council to report to the appropriate budget and policy committees of the Legislature, the Joint Legislative Budget Committee, the Legislative Analyst’s Office, and the Department of Finance, on or before June 30, 2014, on an evaluation of the Long Beach court building performance-based infrastructure project, as specified.
end delete(17) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
end deleteVote: majority.
Appropriation: yes.
Fiscal committee: yes.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
The Legislature finds and declares that California
2is experiencing an unprecedented dry period and shortage of water
3for its citizens, local governments, agriculture, environment, and
4other uses. The purpose of this act is to enact urgent legislation
5to appropriate funds and expedite administrative actions to
6increase water supply reliability consistent with the state’s
7economic, health and safety, and resource protection laws.
begin insertSection 8683 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
9read:end insert
begin insert(a)end insertbegin insert end insertWhenever funds are available for purposes of this
11chapter, the director shall make allocationsbegin delete therefromend deletebegin insert from the
12funds availableend insert in the amounts that he or she determines to be
13necessary to state agencies for expenditure for making the
14investigations, estimates, and reports required by this chapter.
15Those allocations may also be made to provide for preliminary
16investigations, estimates, reports, training of state agency
P12 1personnel, or to reimburse the state agencies for expenditures made
2in anticipation of actual applications by local agencies. Allocations
3may also be made for the purpose of making any investigations,
4estimates, and reports that may be necessary to enable local
5agencies to obtain federal aid for disaster relief purposes, regardless
6of whether or not that aid is available for projects that are eligible
7for state allocations pursuant to this chapter. The director may
8make allocations to any state agency or office from those
funds,
9or other funds available therefor, in the amounts that are necessary
10to administer this chapter.
11(b) When a proclamation of a state of emergency has been issued
12by the Governor under the California Emergency Services Act
13(Chapter 7 (commencing with Section 8550)) and funds are
14available for purposes of this chapter, the director may make
15allocations from the funds available in the amounts that the
16director determines necessary to state agencies for expenditures
17incurred performing extraordinary emergency measures. An
18allocation pursuant to this subdivision is at the discretion of the
19director, but an allocation shall not reimburse either of the
20following:
21(1) Employee costs related to emergency work activities.
end insertbegin insert22(2) Any permanent repairs to the agency’s own facilities.
end insert
begin insertChapter 3 (commencing with Section 34085) is added
24to Part 1.6 of Division 24 of the end insertbegin insertHealth and Safety Codeend insertbegin insert, to read:end insert
25
(a) The department shall provide housing rental-related
29subsidies for the purposes of disaster relief to persons rendered
30homeless or at risk of becoming homeless due to unemployment,
31underemployment, or other economic hardship resulting from the
32state of emergency proclaimed by the Governor on January 17,
332014. The housing rental-related subsidies shall provide rental
34assistance to individuals who are unemployed or underemployed
35because agricultural or other businesses are affected by the
36drought conditions and to other persons that have suffered
37economic losses due to the drought conditions.
38(b) The department may administer the housing rental-related
39subsidies or contract with qualified local government agencies or
40nonprofit organizations to
administer the subsidies.
P13 1(c) The department shall adopt guidelines establishing criteria
2for the subsidies, including, but not limited to, eligibility, income
3limits, and subsidy amounts.
Any rule, policy, or standard of general application
5employed by the department in implementing the provisions of this
6chapter shall not be subject to the requirements of the
7Administrative Procedure Act (Chapter 3.5 (commencing with
8Section 11340) of Part 1 of Division 3 of Title 2 of the Government
9Code).
begin insertSection 50661 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
11amended to read:end insert
(a) There is hereby created in the State Treasury the
13Housing Rehabilitation Loan Fund. All interest or other increments
14resulting from the investment of moneys in the Housing
15Rehabilitation Loan Fund shall be deposited in the fund,
16notwithstanding Section 16305.7 of the Government Code.
17Notwithstanding Section 13340 of the Government Code, all
18money in the fund is continuously appropriated to the department
19for the following purposes:
20(1) For making deferred-payment rehabilitation loans for
21financing all or a portion of the cost of rehabilitating existing
22housing to meet rehabilitation standards as provided in this chapter.
23(2) For making deferred payment loans
as provided in Sections
2450668.5, 50669, and 50670.
25(3) For making deferred payment loans pursuant to Sections
2650662.5 and 50671.
27(4) Subject to the restrictions of Section 53131, if applicable,
28for administrative expenses of the department made pursuant to
29this chapter, Article 3 (commencing with Section 50693) of Chapter
307.5, and Chapter 10 (commencing with Section 50775).
31(5) For related administrative costs of nonprofit corporations
32and local public entities contracting with the department pursuant
33to Section 50663 in an amount, if any, as determined by the
34department, to enable the entities and corporations to implement
35a program pursuant to this chapter. The department shall ensure
36that not less than 20 percent of the funds loaned pursuant to this
37chapter shall be allocated to rural areas. For purposes of this
chapter
38“rural area” shall have the same meaning as in Section 50199.21.
P14 1(6) To the extent no other funding sources are available, ten
2million dollars ($10,000,000) shall be available for the purposes
3of Section 34085.
4(b) There shall be paid into the fund the following:
5(1) Any moneys appropriated and made available by the
6Legislature for purposes of the fund.
7(2) Any moneys that the department receives in repayment of
8loans made from the fund, including any interest thereon.
9(3) Any other moneys that may be made available to the
10department for the purposes of this chapter from any
other source
11or sources.
12(4) Moneys transferred or deposited to the fund pursuant to
13Sections 50661.5 and 50778.
14(c) Notwithstanding any other provision of law, any interest or
15other increment earned by the investment or deposit of moneys
16appropriated by subdivision (b) of Section 3 of Chapter 2 of the
17Statutes of the 1987-88 First Extraordinary Session, or Section 7
18of Chapter 4 of the Statutes of the 1987-88 First Extraordinary
19Session, shall be deposited in a special account in the Housing
20Rehabilitation Loan Fund and shall be used exclusively for
21purposes of Sections 50662.5 and 50671.
22(d) Notwithstanding any other provision of law, effective with
23the date of the act adding this subdivision, appropriations
24authorized by the Budget Act of 1996 for support of the
25Department of Housing and Community Development from
the
26California Disaster Housing Repair Fund and the California
27Homeownership Assistance Fund shall instead be authorized for
28expenditure from the Housing Rehabilitation Loan Fund.
begin insertSection 50716 is added to the end insertbegin insertHealth and Safety Codeend insertbegin insert,
30to read:end insert
(a) Notwithstanding any other law, to respond to the
32state of emergency proclaimed by the Governor on January 17,
332014, the department shall, directly or through contracts, make
34the Office of Migrant Services centers available for rent by persons
35or families experiencing economic hardships as a result of the
36drought. This may include, but is not limited to, extending the
37period of occupancy prior to or beyond the standard 180-day
38period and redefining persons and families eligible to occupy the
39centers. To the extent feasible, the department shall give preference
40to persons and families that meet existing program criteria.
P15 1(b) The department may adopt program guidelines to implement
2this section. Any rule, policy, or standard of general
application
3employed by the department in implementing the provisions of this
4section shall not be subject to the requirements of the
5Administrative Procedure Act (Chapter 3.5 (commencing with
6Section 11340) of Part 1 of Division 3 of Title 2 of the Government
7Code).
begin insertSection 10201.5 of the end insertbegin insertUnemployment Insurance Codeend insert
9begin insert is amended to read:end insert
With respect to funding appropriated in the annual
11Budget Act to the Employment Development Department for
12allocation by the Employment Training Panel and identified for
13training of workers in regions suffering from high unemployment
14and low jobbegin delete creation, includingend deletebegin insert creation or regions identified in a
15proclamation of a state of emergency issued byend insert thebegin delete working poor,end delete
16begin insert Governor underend insert thebegin insert California Emergency Services Act (Chapter
177 (commencing with Section 8550) of Division 1 of Title 2 of the
18Government Code), theend insert panel, notwithstanding subdivisionbegin delete (g)end deletebegin insert (f)end insert
19 of Section 10201, may waive the minimum wage requirements
20included in that subdivision provided that the post-retention wage
21of each trainee who has completed training and the required
22training period exceeds his or her wage before and during training.
23This determination shall be made on a case-by-case basis to ensure
24that post-training improvements in earnings are sufficient to
25warrant the investment of public funds.
begin insertSection 10214.5 of the end insertbegin insertUnemployment Insurance Codeend insert
27begin insert is amended to read:end insert
(a) The panel may allocate up to 15 percent of the
29annually available training funds for the purpose of funding special
30employment training projects that improve the skills and
31employment security of frontline workers, as defined in subdivision
32(a) of Section 10200. Notwithstanding any other provision of this
33chapter, participants in these projects are not required to meet the
34eligibility criteria set forth in paragraph (1) of subdivision (a) of
35Section 10200 or subdivision (c) of Section 10201.
36(b) The panel shall, on an annualbegin delete basis,end deletebegin insert basis or as needed in
37response to a proclamation of a state of emergency issued by the
38Governor under the California Emergency Services Act (Chapter
397 (commencing with Section 8550) of Division 1 of Title 2 of the
40Government Code),end insert identify industries and occupations that shall
P16 1be priorities for funding under this section. Training shall be
2begin delete targetedend deletebegin insert targeted, but not limited,end insert to frontline workers who earn
3at least the state average hourly wage.
4(c) The panel may waive the minimum wage provisions pursuant
5to subdivision (f) of Section 10201 for projects in regions of the
6state where the unemployment rate is significantly higher than the
7statebegin delete average,end deletebegin insert average or regions identified in a proclamation of
8a state of emergency issued by the Governor under the California
9Emergency Services Act (Chapter 7 (commencing with Section
108550) of Division 1 of Title 2 of the Government Code),end insert andbegin insert alsoend insert
11 may waive the employment retentions provisions specified in
12subdivision (f) of Section 10209 and instead require that the trainee
13has been retained in employment for a minimum of 90 days out
14of 120 consecutive days after the end of training with no more
15than three employers.
16(d) (1) The panel may allocate funds pursuant to subdivision
17(a) to increase the productivity and extended employment retention
18of workers
in the state’s major seasonal industries.
19(2) In funding special employment training projects for this
20purpose, the panel may do all of the following:
21(A) When the amount of the postretention wages of each trainee
22who has completed training exceeds the amount of wages that the
23trainee earned before and during training, waive the minimum
24wage requirements set forth in subdivision (f) of Section 10201.
25(B) Waive the employment retention requirements set forth in
26subdivision (f) of Section 10209 and instead require that the trainee
27be retained in employment for not less than 500 hours within the
2812-month period following the completion of the training.
29(C) When the panel finds that the training is necessary to achieve
30the objectives of vocational training,
waive the limitation on
31job-related basic and literacy skills training set forth in subdivision
32(a) of Section 10209.
33(3) For purposes of this section, “major seasonal industries”
34means eligible employers who satisfy all of the following
35requirements:
36(A) Have a workforce comprised of at least 50 percent of
37workers whose employment period is necessarily cyclical,
38including, but not limited to, businesses directly involved in the
39harvesting, packing, or processing of goods or products.
P17 1(B) Have retained at least 50 percent of the same seasonal
2employees for at least one season of not less than 500 hours for
3the preceding 12-month period.
4(C) Pay wages and provide benefits that exceed industry
5averages.
6(e) The panel shall adopt minimum standards for consideration
7of proposals to be funded pursuant to this section.
8(f) The panel may select contracts funded under this section
9based on competitive bidding.
10(g) It is the intent of the Legislature in providing the authority
11for these projects that the panel allocate these funds in a manner
12consistent with the objectives of this chapter as provided in Section
1310200.
begin insertSection 10214.6 of the end insertbegin insertUnemployment Insurance Codeend insert
15begin insert is amended to read:end insert
(a) The panel shallbegin delete establish the Partnership for begin insert develop and publish guidelines for the purpose of
17Workforce Recovery Training (PWRT) for the purposes of
18supporting and implementing the workforce development goals
19set forth in the federal American Recovery and Reinvestment Act
20of 2009 (ARRA) (P.L. 111-5). The panel shall develop and publish
21guidelines for implementation of the PWRT, consistent with, and
22includingend delete
23supporting and implementing one or more alternative fund
24programs to reimburse the cost of training consistent with the
25purposes of this part, using funds from a source other than the
26employment training tax. The alternative funds may be from any
27federal, state, or local governmental entity, as appropriated in
28statute or other means. The guidelines shall includeend insert adequate fiscal
29and accounting controls, as prescribed in subdivisionbegin delete (g)end deletebegin insert (f)end insert of
30Section 10205.
31(b) The panel may allocate any funds it receives pursuant to the
32federal Workforce Investment Act of 1998 (29 U.S.C. Sec. 2801
33et seq.) and the ARRA to support the activities of the PWRT. Any
34funds received by the panel pursuant to this section shall be
35deposited into a separate account established by the department
36in the State Treasury, and used for the purposes of this section.
37(c)
end delete
38begin insert(b)end insert The panel may adopt any regulations necessary to implement
39this section, but any regulations so adopted are exempt from the
P18 1requirements of Chapter 3.5 (commencing with Section 11340) of
2Part 1 of Division 3 of Title 2 of the Government Code.
3(d)
end delete
4begin insert(c)end insert The panel may solicit proposals and enter into contracts or
5other agreements to secure funding for the purposes of this section,
6but those proposals, contracts, and agreements shall be exempt
7from any competitive bidding requirements otherwise prescribed
8in statute.
begin insertSection 1052 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert
(a) The diversion or use of water subject to this division
11other than as authorized in this division is a trespass.
12(b) Civil liability may be administratively imposed by the board
13pursuant to Section 1055 for a trespass as defined in this section
14in an amount not to exceed five hundred dollars ($500) for each
15day in which the trespass occurs.
16(c)
end delete
17begin insert(b)end insert The Attorney General, upon request of the board, shall
18institute in the superior court in and for any countybegin delete whereinend deletebegin insert whereend insert
19 the diversion or use is threatened, is occurring, or has occurred
20begin delete appropriateend deletebegin insert anend insert action for the issuance of injunctive relief as may
21be warranted by way of temporary restraining order, preliminary
22injunction, or permanent injunction.
23(c) Any person or entity committing a trespass as defined in this
24section may be liable in an amount not to exceed the following:
25(1) If the unauthorized diversion or use occurs in a critically
26dry year immediately preceded by two or more consecutive below
27normal, dry, or critically dry years or during a period for which
28the Governor has issued a proclamation of a
state of emergency
29under the California Emergency Services Act (Chapter 7
30(commencing with Section 8550) of Division 1 of Title 2 of the
31Government Code) based on drought conditions, the sum of the
32following:
33(A) One thousand dollars ($1,000) for each day in which the
34trespass occurs.
35(B) Two thousand five hundred dollars ($2,500) for each
36acre-foot of water diverted or used other than as authorized in
37this division.
38(2) If the unauthorized diversion or use is not described by
39paragraph (1), five
hundred dollars ($500) for each day in which
40the unauthorized diversion or use occurs.
P19 1(d) Civil liability for a violation of this section may be imposed
2by the superior court or the board as follows:
3(d) Any person or entity committing a trespass as defined in
4this section
5begin insert(1)end insertbegin insert end insertbegin insertThe superior court end insertmaybegin delete be liable for a sum not to exceed begin insert impose civil liabilityend insert in
6five hundred dollars ($500) for each dayend delete
7begin delete which the trespass occurs. Theend deletebegin insert an action brought by theend insert Attorney
8General, upon request of the board,begin delete shall petition the superior courtend delete
9 to impose, assess, and recover any sums pursuant tobegin delete this begin insert subdivision (c).end insert In determining the appropriate amount,
10subdivision.end delete
11the court shall take into consideration all relevant circumstances,
12including, but not limited to, the extent of harm caused by the
13violation, the nature and persistence of the violation, the length of
14time over which the violation occurs, and the corrective action, if
15any, taken by the violator.
16(2) The board may impose civil liability in accordance with
17Section 1055.
18(e) All funds recovered pursuant to this section shall be
19deposited in the Water Rights Fund established pursuant to Section
201550.
21(f) The remedies prescribed in this section are cumulative and
22not alternative.
begin insertSection 1058.5 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert
(a) This section applies to any emergency regulation
25adopted by the board for which the board makes both of the
26following findings:
27(1) The emergency regulation is adopted to prevent the waste,
28unreasonable use, unreasonable method of use, or unreasonable
29method of diversion, of water, to promotebegin delete wastewater reclamation,end delete
30begin insert water recyclingend insert orbegin insert water conservation,end insert tobegin delete promoteend deletebegin insert require
31curtailment of diversions whenend insert waterbegin delete conservation.end deletebegin insert is not available
32under the diverter’s priority of right, or in furtherance of any of
33the foregoing, to require reporting of diversion or use or the
34preparation of monitoring or technical reports.end insert
35(2) The emergency regulation is adopted in response to
36conditions which exist, or are threatened, in a critically dry year
37immediately preceded by two or more consecutivebegin delete dryend deletebegin insert below
38normal, dry,end insert or critically drybegin delete years.end deletebegin insert years or during a period for
39which the Governor has issued a proclamation of a state of
40emergency under the California Emergency Services Act (Chapter
P20 17 (commencing with Section 8550) of Division 1 of Title 2 of the
2Government Code) based on drought conditions.end insert
3(b) Notwithstanding Sections 11346.1 and 11349.6 of the
4Government Code, any findings of emergency adopted by the
5board, in connection with the adoption of an emergency regulation
6begin delete to whichend deletebegin insert underend insert thisbegin delete section applies,end deletebegin insert section,end insert are not subject to
7review by the Office of Administrative Law.
8(c) begin deleteAny end deletebegin insertAn end insertemergency regulation adopted by the boardbegin delete to whichend delete
9begin insert underend insert this sectionbegin delete appliesend delete may remain in effect for up to 270 days,
10as determined by the board, and is deemed repealed immediately
11upon a finding by the board that due to changed conditions it is
12no longer necessary for the regulation to remain in effect.begin insert An
13emergency regulation adopted by the board under this section may
14be renewed if the board determines that the conditions specified
15in paragraph (2) of subdivision (a) are still in effect.end insert
16(d) In addition to any other applicable civil or criminal
17penalties, any person or entity who violates a regulation adopted
18by the board pursuant to this section is guilty of an infraction
19punishable by a fine of up to five hundred dollars ($500) for each
20day in which the violation
occurs.
begin insertSection 1551 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert
All of the following shall be deposited in the Water
23Rights Fund:
24(a) All fees, expenses, and penalties collected by the board or
25the State Board of Equalization under this chapter and Part 3
26(commencing with Section 2000).
27(b) All funds collected under Section 1052,begin delete 1845,end deletebegin insert Article 4
28(commencing with Section 1845) of Chapter 12,end insert orbegin insert Sectionend insert 5107.
29(c) All fees collected under Section 13160.1 in connection with
30certificates for activities involving hydroelectric power projects
31subject to licensing by the Federal Energy Regulatory Commission.
begin insertSection 1831 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert
(a) When the board determines that any person is
34violating, or threatening to violate, any requirement described in
35subdivision (d), the board may issue an order to that person to
36cease and desist from that violation.
37(b) The cease and desist order shall require that person to comply
38forthwith or in accordance with a time schedule set by the board.
39(c) The board may issue a cease and desist order only after
40notice and an opportunity for hearing pursuant to Section 1834.
P21 1(d) The board may issue a cease and desist order in response to
2a violation or threatened violation of any of the following:
3(1) The prohibition set forth in Section 1052 against the
4unauthorized diversion or use of water subject to this division.
5(2) Any term or condition of a permit, license, certification, or
6registration issued under this division.
7(3) Any decision or order of the board issued under this part,
8Section 275, or Article 7 (commencing with Section 13550) of
9Chapter 7 of Division 7, in which decision or order the person to
10whom the cease and desist order will be issued, or a predecessor
11in interest to that person, was named as a party directly affected
12by the decision or order.
13(4) A regulation adopted under Section 1058.5.
end insert
14(e) This articlebegin delete shallend deletebegin insert doesend insert not authorize the board to regulate in
15any manner, the diversion or use of water not otherwise subject to
16regulation of the board under thisbegin delete part.end deletebegin insert division or Section 275.end insert
begin insertSection 1845 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert
(a) Upon the failure of any person to comply with a
19cease and desist order issued by the board pursuant to this chapter,
20the Attorney General, upon the request of the board, shall petition
21the superior court for the issuance of prohibitory or mandatory
22injunctive relief as appropriate, including a temporary restraining
23order, preliminary injunction, or permanent injunction.
24(b) (1) begin deleteAny end deletebegin insertA end insertperson or entity who violates a cease and desist
25order issued pursuant to this chapter may be liablebegin delete for a sumend deletebegin insert in an
26amountend insert not to exceedbegin delete one thousand dollars ($1,000) for each day the
27in whichend deletebegin delete violation occurs.end deletebegin insert following:end insert
28(A) If the violation occurs in a critically dry year immediately
29preceded by two or more consecutive below normal, dry, or
30critically dry years or during a period for which the Governor has
31issued a proclamation of a state of emergency under the California
32Emergency Services Act (Chapter 7 (commencing with Section
338550) of Division 1 of Title 2 of the Government Code) based on
34drought conditions, ten thousand dollars ($10,000) for each day
35in which the violation occurs.
36(B) If the violation is not
described by subparagraph (A), one
37thousand dollars ($1,000) for each day in which the violation
38occurs.
P22 1(2) Civil liability may be imposed by the superior court. The
2Attorney General, upon the request of the board, shall petition the
3superior court to impose, assess, and recover those sums.
4(3) Civil liability may be imposed administratively by the board
5pursuant to Section 1055.
6(c) In determining the appropriate amount, the court, or the
7board, as the case may be, shall take into consideration all relevant
8circumstances, including, but not limited to, the extent of harm
9caused by the violation, the nature and persistence of the violation,
10the length of time over which the violation occurs, and the
11corrective action, if any, taken by the violator.
12(d) All funds recovered pursuant to this section shall be
13deposited in the Water Rights Fund established pursuant to Section
141550.
begin insertSection 1846 is added to the end insertbegin insertWater Codeend insertbegin insert, to read:end insert
begin insert(a) A person or entity may be liable for a violation of
17any of the following in an amount not to exceed five hundred
18dollars ($500) for each day in which the violation occurs:
19(1) A term or condition of a permit, license, certificate, or
20registration issued under this division.
21(2) An order or regulation adopted by the board under Section
22275, Section 1058.5, or the public trust doctrine.
23(b) Civil liability may be imposed by the superior court. The
24Attorney General, upon the request of the board, shall petition the
25superior court to impose, assess, and recover those sums.
26(c) Civil liability may be imposed administratively by the board
27pursuant to Section 1055.
28(d) In determining the appropriate amount of civil liability, the
29court, pursuant to subdivision (b), or the board, pursuant to
30subdivision (c), may take into consideration all relevant
31circumstances, including, but not limited to, the extent of harm
32caused by the violation, the nature and persistence of the violation,
33the length of time over which the violation occurs, and the
34corrective action, if any, taken by the violator.
35(e) No liability shall be recoverable under this section for any
36violation for which liability is recovered under Section 1052.
37(f) All funds recovered pursuant to this section shall be deposited
38in the Water Rights Fund established pursuant to
Section 1550.
39(g) This section applies only in a critically dry year immediately
40preceded by two or more consecutive below normal, dry, or
P23 1critically dry years or during a period for which the Governor has
2issued a proclamation of a state of emergency under the California
3Emergency Services Act (Chapter 7 (commencing with Section
48550) of Division 1 of Title 2 of the Government Code) based on
5drought conditions.
begin insertSection 13562.5 is added to the end insertbegin insertWater Codeend insertbegin insert, to read:end insert
begin insertNotwithstanding any other law, no later than June
830, 2014, the department shall adopt, by emergency regulations
9in accordance with Chapter 3.5 (commencing with Section 11340)
10of Part 1 of Division 3 of Title 2 of the Government Code,
11requirements for groundwater replenishment using recycled water.
12The adoption of these regulations is an emergency and shall be
13considered by the Office of Administrative Law as necessary for
14the immediate preservation of the public peace, health, safety, and
15general welfare. Notwithstanding Chapter 3.5 (commencing with
16Section 11340) of Part 1 of Division 3 of Title 2 of the Government
17Code, emergency regulations adopted by the department pursuant
18to this section shall not be subject to review by the Office of
19Administrative Law and shall remain in effect until revised by the
20
department.
begin insertWater conservation and drought response projects
22funded by the provisions of this act, or the act described in Section
2319, shall, to the extent feasible and appropriate, use the services
24of the California Conservation Corps or certified community
25conservation corps, as defined in Section 14507.5 of the Public
26Resources Code.end insert
No reimbursement is required by this act pursuant
28to Section 6 of Article XIII B of the California Constitution because
29the only costs that may be incurred by a local agency or school
30district will be incurred because this act creates a new crime or
31infraction, eliminates a crime or infraction, or changes the penalty
32for a crime or infraction, within the meaning of Section 17556 of
33the Government Code, or changes the definition of a crime within
34the meaning of Section 6 of Article XIII B of the California
35Constitution.
Of the funds made available pursuant to Division 43
37(commencing with Section 75001) of the Public Resources Code,
38the sum of four hundred seventy-two million five hundred thousand
39dollars ($472,500,000) is hereby appropriated pursuant to Section
4075026 of the Public Resources Code as follows:
P24 1(a) Two hundred million dollars ($200,000,000) shall be
2available to the Department of Water Resources for integrated
3regional water management grants through an expedited
4solicitation round for projects that provide immediate regional
5drought preparedness,
increase local water supply reliability and
6the delivery of safe drinking water, assist water suppliers and
7regions to implement conservation programs and measures that
8are not locally cost-effective, or reduce water quality conflicts or
9ecosystem conflicts created by the drought. The Department of
10Water Resources shall consult with the State Department of Public
11Health on what emergency drinking water projects may be further
12expedited through these funds.
13(b) Two hundred seventy-two million five hundred thousand
14dollars ($272,500,000), shall be available to the Department of
15Water Resources for integrated regional water management grants.
16Notwithstanding Section 75100 of the Public Resources Code, the
17Department of Water Resources may expend up to twenty-one
18million eight hundred thousand dollars ($21,800,000) of the funds
19appropriated pursuant to this paragraph for projects submitted
20prior to the enactment of this section.
This act shall become operative only if Assembly Bill
2279 or Senate Bill 103 of the 2013-14 Regular Session is enacted
23as amending the Budget Act of 2013.
This act is a bill providing for appropriations related
25to the Budget Bill within the meaning of subdivision (e) of Section
2612 of Article IV of the California Constitution, has been identified
27as related to the budget in the Budget Bill, and shall take effect
28immediately.
All matter omitted in this version of the bill appears in the bill as amended in the Senate, June 12, 2013. (JR11)
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