Amended in Senate July 3, 2014

Amended in Senate August 12, 2013

Amended in Assembly May 24, 2013

Amended in Assembly April 4, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 985

Introduced by Assembly Member Cooley

February 22, 2013

begin delete An act to amend Sections 11363, 11386, and 11403.01 of the Welfare and Institutions Code, relating to public social services. end delete begin insert An act to add Section 38575 to the Health and Safety Code, relating to greenhouse gases. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 985, as amended, Cooley. begin delete Guardianship and adoption assistance. end delete begin insert California Global Warming Solutions Act of 2006: market-based compliance mechanisms end insert begin insert . end insert

begin insert

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020, and to adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective greenhouse gas emissions reductions. The act authorizes the state board to include the use of market-based compliance mechanisms.

end insert begin insert

This bill would require the state board, for any market-based compliance mechanism that the state board might adopt, to allow participating entities to freely sell or transfer greenhouse gas emissions allowances held in a holding account, as defined, or compliance account, as defined, except for allowances that have been expressly retired to meet a compliance obligation, as defined. The bill also would require the state board to require those participating entities to disclose only corporate associations, direct corporate associations, and indirect corporate associations with entities registered with the state board as part of a market-based compliance mechanism and to exclude legal services, as specified, obtained by a participating entity from being disclosed to the state board. The bill would exempt from the Administrative Procedure Act and the California Environmental Quality Act a regulation adopted by the state board pursuant to this act.

end insert begin delete

Existing law, through the Kinship Guardianship Assistance Payment Program (state-funded Kin-GAP), which is a part of the CalWORKs program, provides state-funded assistance on behalf of eligible children who are placed in the home of a relative caretaker. Under existing law, state-funded Kin-GAP aid is provided on behalf of any eligible youth under 21 years of age who meets specified requirements, including that his or her Kin-GAP payments began after his or her 16th birthday and he or she is completing secondary education or a program leading to an equivalent credential.

end delete begin delete

Existing law, through the Kinship Guardianship Assistance Payments for Children program (federally funded Kin-GAP), provides federally funded assistance on behalf of eligible children who are placed in the home of a relative caretaker. Under federal law, a child who is between 18 and 21 years of age is eligible for federally funded Kin-GAP assistance if he or she meets specified requirements, including that his or her federally funded Kin-GAP payments commenced after his or her 16th birthday. Existing law also allows a nonminor whose state or federally funded Kin-GAP payments began prior to his or her 16th birthday to continue to receive Kin-GAP aid after his or her 18th birthday if he or she meets specified criteria, including that the nonminor is attending high school or an equivalent program and is reasonably expected to graduate or complete that program before his or her 19th birthday.

end delete begin delete

This bill would instead authorize a nonminor whose state-funded Kin-GAP payments began prior to his or her 16th birthday to receive state-funded Kin-GAP benefits if he or she is 21 years of age or younger and meets any of certain criteria, including, among others, that he or she attends a postsecondary institution of higher education or is employed at least 80 hours per month. The bill would also authorize a youth who has attained 18 or 19 years of age, as specified, while receiving federally funded Kin-GAP benefits and who is no longer eligible for those federally funded benefits to receive Kin-GAP payments under the state-funded program if the youth meets specified requirements. The bill would also require a county social worker, in redetermining the eligibility of a child receiving state or federally funded Kin-GAP, to determine whether the child has a mental or physical disability that warrants the continuation of assistance beyond the child’s 18th birthday. By expanding eligibility for state-funded Kin-GAP and increasing county responsibilities in administering the program, this bill would impose a state-mandated local program.

end delete begin delete

Existing law continuously appropriates moneys from the General Fund to defray a portion of county aid grant costs under the CalWORKs program.

end delete begin delete

This bill would declare that no appropriation would be made for purposes of the bill.

end delete begin delete

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 delete begin delete

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

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

The Legislature finds and declares all of the
following:

end insert begin insert

(a) The California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health
and Safety Code) was adopted to create limitations on the carbon
emissions associated with the state’s economy. Section 38560 of
the Health and Safety Code charges the State Air Resources Board
with the duty of adopting rules and regulations “to achieve the
maximum technologically feasible and cost-effective greenhouse
gas emissions reductions from sources or categories of sources.”

end insert begin insert

(b) One measure that the state board has implemented in
furtherance of the act is a market-based compliance mechanism.

end insert begin insert

(c) For a market-based compliance mechanism to operate
effectively and allow entities covered by the market-based
compliance mechanism the efficiency and flexibility to achieve
emissions reductions at the lowest possible cost, the market for
emissions allowances must promote liquidity while also preventing
market manipulation.

end insert begin insert

(d) As part of the market-based compliance mechanism, the
state board has adopted a holding limit, placing a limitation on
the total number of allowances that any entity participating in the
program can hold at one time, subject to certain exceptions. The
current holding limit could adversely affect the liquidity and
efficiency of the emissions allowance market in that the holding
limit functions to require some entities covered by the market-based
compliance mechanism to surrender instruments for compliance
prior to established regulatory compliance deadlines, creating
artificial scarcity in the market.

end insert begin insert

(e) Revising the holding limit to permit entities covered by the
market-based compliance mechanism to freely transfer allowances
from a compliance and holding account to meet their obligations
under the market-based compliance mechanism will promote
market efficiency and fairness while maintaining the state board’s
ability to preserve market integrity and prevent market
manipulation.

end insert begin insert

(f) The state board also requires disclosure of a participating
entity’s affiliation with other entities. As currently structured, the
state board requires that participating entities to disclose all of
their corporate associates, as defined by the state board, regardless
of whether those corporate associates are enrolled in the
market-based compliance mechanism. The Legislature finds that
this expanded requirement is overly broad, unduly burdensome,
and not reasonably necessary to ensure the integrity of the market
for emissions allowances.

end insert begin insert

(g) The state board also requires disclosure of consultants or
advisors, as defined by the state board. The Legislature finds that
all entities in the state have a right to consult outside legal counsel
confidentially, and any requirements to disclose this consultation
may put the confidentiality of that consultation at risk and will not
promote the purpose of the act or the market-based compliance
mechanism.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 38575 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 38575. end insert   

(a) Any market-based compliance mechanism that the
state board might adopt pursuant to this part shall provide for all
of the following:

(1) (A) Participating entities may freely sell or transfer
greenhouse gas emissions allowances held in a holding account
or compliance account, except for allowances that have been
expressly retired to meet a compliance obligation. This paragraph
also applies to allowances held jointly by a group of entities with
a direct corporate association.

(B) For purposes of this paragraph, the following terms have
the following meanings:

(i) “Compliance account” means an account created by the
state board for an entity participating in a market-based
compliance mechanism and that has a compliance obligation, to
which the entity transfers allowances and offsets to meet its
compliance obligations.

(ii) “Compliance obligation” means the quantity of verified
reported greenhouse gas emissions or assigned greenhouse gas
emissions for which an entity participating in a market-based
compliance mechanism is required to submit compliance
instruments to the state board.

(iii) “Holding account” means an account created for each
entity participating in a market-based compliance mechanism, or
a voluntarily associated entity, to hold allowances or offsets.

(iv) “Offset” means a greenhouse gas emissions reduction or
greenhouse gas emissions removal enhancement verified by the
state board that may be used by an entity participating in a
market-based compliance mechanism to satisfy a compliance
obligation.

(2) Participating entities shall disclose only corporate
associations, direct corporate associations, and indirect corporate
associations with entities registered with the state board as part
of a market-based compliance mechanism.

(3) Participating entities shall not disclose legal services, or
the names of any persons providing legal services, obtained by
participating entities.

(b) No later than June 30, 2015, the state board shall
promulgate a regulation conforming to the requirements of this
section. A regulation adopted pursuant to this section shall be
exempt from the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code) and the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code).

end insert

begin delete

SECTION 1.  

Section 11363 of the Welfare and Institutions
Code is amended to read:

11363.  

(a) Aid in the form of state-funded Kin-GAP shall be
provided under this article on behalf of any child under 18 years
of age and to any eligible youth under 21 years of age as provided
in Section 11403, who satisfies all of the following conditions:

(1) Has been adjudged a dependent child of the juvenile court
pursuant to Section 300 or a ward of the juvenile court pursuant
to Section 601 or 602.

(2) Has been residing for at least six consecutive months in the
approved home of the prospective relative guardian while under
the jurisdiction of the juvenile court or a voluntary placement
agreement.

(3) Has had a kinship guardianship established pursuant to
Section 360 or 366.26.

(4) Has had his or her dependency jurisdiction terminated after
January 1, 2000, pursuant to Section 366.3, or his or her wardship
terminated pursuant to subdivision (d) of Section 728, concurrently
or subsequently to the establishment of the kinship guardianship.

(b) If the conditions specified in subdivision (a) are met and,
subsequent to the termination of dependency jurisdiction, any
parent or person having an interest files with the juvenile court a
petition pursuant to Section 388 to change, modify, or set aside an
order of the court, Kin-GAP payments shall continue unless and
until the juvenile court, after holding a hearing, orders the child
removed from the home of the guardian, terminates the
guardianship, or maintains dependency jurisdiction after the court
concludes the hearing on the petition filed under Section 388.

(c) A child or nonminor former dependent or ward shall be
eligible for Kin-GAP payments if he or she meets one of the
following age criteria:

(1) He or she is under 18 years of age.

(2) He or she is under 21 years of age and has a physical or
mental disability that warrants the continuation of assistance.

(3) He or she satisfies the conditions described in either
paragraph (1) or (2) of subdivision (d).

(d) (1) Kin-GAP payments shall continue for youths who have
attained 18 years of age and are under 21 years of age, if the
relative guardian continues to be responsible for the support of the
youth and the youth meets one or more of the conditions specified
in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
11403.

(2) A youth who has attained 18 years of age while receiving
federally funded Kin-GAP benefits pursuant to Article 4.7
(commencing with Section 11385), but is no longer eligible for
benefits under that program, shall be eligible for benefits under
this section until the youth attains 21 years of age if all of the
following conditions are met:

(A) The youth’s relationship to the kinship guardian is defined
in paragraph (1) of subdivision (c) of Section 11391.

(B) The youth was under 16 years of age at the commencement
of the Kin-GAP payments under Article 4.7 (commencing with
Section 11385) and does not have a mental or physical disability
that warrants the continuation of assistance.

(C) The guardian continues to be responsible for the support of
the youth.

(D) The youth meets one or more of the conditions of eligibility
described in paragraphs (1) to (5), inclusive, of subdivision (b) of
Section 11403.

(e) Termination of the guardianship with a kinship guardian
shall terminate eligibility for Kin-GAP unless the conditions in
Section 11403 apply; provided, however, that if an alternate
guardian or coguardian is appointed pursuant to Section 366.3 who
is also a kinship guardian, the alternate or coguardian shall be
entitled to receive Kin-GAP on behalf of the child pursuant to this
article. A new period of six months of placement with the alternate
guardian or coguardian shall not be required if that alternate
guardian or coguardian has been assessed pursuant to Sections
361.3 and 361.4 and the court terminates dependency jurisdiction.

(f) At the time of redetermination of eligibility closest to the
child’s 18th birthday, the county social worker shall determine
whether the child has a mental or physical disability that warrants
continuation of assistance pursuant to paragraph (2) of subdivision
(c).

SEC. 2.  

Section 11386 of the Welfare and Institutions Code is
amended to read:

11386.  

Aid shall be provided under this article on behalf of a
child under 18 years of age, and to any eligible youth under 19
years of age, as provided in Section 11403, under all of the
following conditions:

(a) The child satisfies both of the following requirements:

(1) He or she has been removed from his or her home pursuant
to a voluntary placement agreement, or as a result of judicial
determination, including being adjudged a dependent child of the
court, pursuant to Section 300, or a ward of the court, pursuant to
Section 601 or 602, to the effect that continuation in the home
would be contrary to the welfare of the child.

(2) He or she has been eligible for federal foster care
maintenance payments under Article 5 (commencing with Section
11400) while residing for at least six consecutive months in the
approved home of the prospective relative guardian while under
the jurisdiction of the juvenile court or a voluntary placement
agreement.

(b) Being returned to the parental home or adopted are not
appropriate permanency options for the child.

(c) The child demonstrates a strong attachment to the relative
guardian, and the relative guardian has a strong commitment to
caring permanently for the child and, with respect to the child who
has attained 12 years of age, the child has been consulted regarding
the kinship guardianship arrangement.

(d) The child has had a kinship guardianship established
pursuant to Section 360 or 366.26.

(e) The child has had his or her dependency jurisdiction
terminated pursuant to Section 366.3, or his or her wardship
terminated pursuant to subdivision (d) of Section 728, concurrently
or subsequently to the establishment of the kinship guardianship.

(f) If the conditions specified in subdivisions (a) through (e),
inclusive, are met and, subsequent to the termination of dependency
jurisdiction, any parent or person having an interest files with the
juvenile court a petition pursuant to Section 388 to change, modify,
or set aside an order of the court, Kin-GAP payments shall continue
unless and until the juvenile court orders the child removed from
the home of the guardian, terminates the guardianship, or maintains
dependency jurisdiction after the court concludes the hearing on
the petition filed under Section 388.

(g) A child or nonminor former dependent or ward shall be
eligible for Kin-GAP payments if he or she meets one of the
following age criteria:

(1) He or she is under 18 years of age.

(2) He or she is under 21 years of age and has a physical or
mental disability that warrants the continuation of assistance.

(3) He or she satisfies the conditions described in subdivision
(h).

(4) He or she satisfies the conditions of Section 11403.01.

(h) Effective January 1, 2012, Kin-GAP payments shall continue
for youths who have attained 18 years of age and are under 19
years of age, if they reached 16 years of age before the Kin-GAP
negotiated agreement payments commenced, and as described in
Section 10103.5. Effective January 1, 2013, Kin-GAP payments
shall continue for youths who have attained 18 years of age and
are under 20 years of age, if they reached 16 years of age before
the Kin-GAP negotiated agreement payments commenced, and as
described in Section 10103.5. Effective January 1, 2014, Kin-GAP
payments shall continue for youths who have attained 18 years of
age and are under 21 years of age, if they reached 16 years of age
before the Kin-GAP negotiated agreement payments commenced.
To be eligible for continued payments, the youth shall satisfy one
or more of the conditions specified in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 11403.

(i) Termination of the guardianship with a kinship guardian
shall terminate eligibility for Kin-GAP, unless the conditions of
Section 11403 apply, provided, however, that if an alternate
guardian or coguardian is appointed pursuant to Section 366.3 who
is also a kinship guardian, the alternate or coguardian shall be
entitled to receive Kin-GAP on behalf of the child pursuant to this
article. A new period of six months of placement with the alternate
guardian or coguardian shall not be required if that alternate
guardian or coguardian has been assessed pursuant to Sections
361.3 and 361.4 and the court terminates dependency jurisdiction,
subject to federal approval of amendments to the state plan.

(j) At the time of redetermination of eligibility closest to the
child’s 18th birthday, the county social worker shall determine
whether the child has a mental or physical disability that warrants
continuation of assistance pursuant to paragraph (2) of subdivision
(g).

SEC. 3.  

Section 11403.01 of the Welfare and Institutions Code
is amended to read:

11403.01.  

(a) A nonminor who is receiving Kin-GAP benefits
under Article 4.7 (commencing with Section 11385) and whose
Kin-GAP payments began prior to his or her 16th birthday, and
who is attending high school or the equivalent level of vocational
or technical training on a full-time basis, or is in the process of
pursuing a high school equivalency certificate, prior to his or her
18th birthday, may continue to receive aid under that article
following his or her 18th birthday so long as the nonminor
continues to receive assistance and support from the relative with
whom he or she was placed, remains otherwise eligible for
Kin-GAP payments, and continues to attend high school or the
equivalent level of vocational or technical training on a full-time
basis, or continues to pursue a high school equivalency certificate,
and the nonminor may reasonably be expected to complete the
educational or training program or to receive a high school
equivalency certificate before his or her 19th birthday. Aid shall
be provided to an individual pursuant to this section provided that
both the individual and the agency responsible for the related
guardianship placement have signed a mutual agreement, if the
individual is capable of making an informed agreement,
documenting the continued need for out-of-home placement.

(b) After the nonminor completes the educational or training
program or receives a high school equivalency certificate or attains
19 years of age, whichever occurs first, the nonminor shall be
eligible to receive Kin-GAP benefits pursuant to Article 4.5
(commencing with Section 11360) until the nonminor attains 21
years of age if all the following conditions are met:

(1) The nonminor’s relationship to the kinship guardian is
defined in paragraph (1) of subdivision (c) of Section 11391.

(B) The nonminor was under 16 years of age when the Kin-GAP
negotiated agreement payments commenced and does not have a
mental or physical disability that warrants the continuation of
assistance.

(C) The guardian continues to be responsible for the support of
the nonminor.

(D) The nonminor meets one or more of the conditions of
eligibility described in paragraphs (1) to (5), inclusive, of
subdivision (b) of Section 11403.

SEC. 4.  

No appropriation pursuant to Section 15200 of the
Welfare and Institutions Code shall be made for the purposes of
this act.

SEC. 5.  

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

end delete