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

SECTION 1.
Section 170 of the Revenue and Taxation Code is amended to read:
170.
(a) Notwithstanding any other law, the board of supervisors, by ordinance, may provide that every assessee of any taxable property, or any person liable for the taxes on that property, whose property was damaged or destroyed without his or her fault, may apply for reassessment of that property as provided in this section. The ordinance may also specify that the assessor may initiate the reassessment where the assessor determines that within the preceding 12 months taxable property located in the county was damaged or destroyed.
To be eligible for reassessment the damage or destruction to the property shall have been caused by any of the following:
(1) A major misfortune or calamity, in an area or region subsequently proclaimed by the Governor to be in a state of emergency or disaster, if that property was damaged or destroyed by the major misfortune or calamity that caused the Governor to proclaim the area or region to be in a state of emergency or disaster. As used in this paragraph, “damage” includes a diminution in the value of property as a result of restricted access or environmental contamination to the property where that restricted access or environmental contamination was caused by the major misfortune or calamity.
(2) A misfortune or calamity.
(3) A misfortune or calamity that, with respect to a possessory interest in land owned by the state or federal government, has caused the permit or other right to enter upon the land to be suspended or restricted. As used in this paragraph, “misfortune or calamity” includes a drought condition such as existed in this state in 1976 and 1977.
The application for reassessment may be filed within the time specified in the ordinance or within 12 months of the misfortune or calamity, whichever is later, by delivering to the assessor a written application requesting reassessment showing the condition and value, if any, of the property immediately after the damage or destruction, and the dollar amount of the damage. The application shall be executed under penalty of perjury, or if executed outside the State of California, verified by affidavit.
An ordinance may be made applicable to a major misfortune or calamity specified in paragraph (1) or to any misfortune or calamity specified in paragraph (2), or to both, as the board of supervisors determines. An ordinance shall not be made applicable to a misfortune or calamity specified in paragraph (3), unless an ordinance making paragraph (2) applicable is operative in the county. The ordinance may specify a period of time within which the ordinance shall be effective, and, if no period of time is specified, it shall remain in effect until repealed.
(b) Upon receiving a proper application, the assessor shall appraise the property and determine separately the full cash value of land, improvements, and personalty immediately before and after the damage or destruction. If the sum of the full cash values of the land, improvements, and personalty before the damage or destruction exceeds the sum of the values after the damage by ten thousand dollars ($10,000) or more, the assessor shall also separately determine the percentage reductions in value of land, improvements, and personalty due to the damage or destruction. The assessor shall reduce the values appearing on the assessment roll by the percentages of damage or destruction computed pursuant to this subdivision, and the taxes due on the property shall be adjusted as provided in subdivision (e). However, the amount of the reduction shall not exceed the actual loss.
(c) (1) As used in this subdivision, “board” means either the county board of supervisors acting as the county board of equalization, or an assessment appeals board established by the county board of supervisors in accordance with Section 1620, as applicable.
(2) The assessor shall notify the applicant in writing of the amount of the proposed reassessment. The notice shall state that the applicant may appeal the proposed reassessment to the board within six months of the date of mailing the notice. If an appeal is requested within the six-month period, the board shall hear and decide the matter as if the proposed reassessment had been entered on the roll as an assessment made outside the regular assessment period. The decision of the board regarding the damaged value of the property shall be final, provided that a decision of the board regarding any reassessment made pursuant to this section shall create no presumption as regards the value of the affected property subsequent to the date of the damage.
(3) Those reassessed values resulting from reductions in full cash value of amounts, as determined above, shall be forwarded to the auditor by the assessor or the clerk of the board, as the case may be. The auditor shall enter the reassessed values on the roll. After being entered on the roll, those reassessed values shall not be subject to review, except by a court of competent jurisdiction.
(d) (1) If no application is made and the assessor determines that within the preceding 12 months a property has suffered damage caused by misfortune or calamity that may qualify the property owner for relief under an ordinance adopted under this section, the assessor shall provide the last known owner of the property with an application for reassessment. The property owner shall file the completed application within 12 months after the occurrence of that damage. Upon receipt of a properly completed, timely filed application, the property shall be reassessed in the same manner as required in subdivision (b).
(2) This subdivision does not apply where the assessor initiated reassessment as provided in subdivision (a) or (l).
(e) The tax rate fixed for property on the roll on which the property so reassessed appeared at the time of the misfortune or calamity, shall be applied to the amount of the reassessment as determined in accordance with this section and the assessee shall be liable for: (1) a prorated portion of the taxes that would have been due on the property for the current fiscal year had the misfortune or calamity not occurred, to be determined on the basis of the number of months in the current fiscal year prior to the misfortune or calamity; plus, (2) a proration of the tax due on the property as reassessed in its damaged or destroyed condition, to be determined on the basis of the number of months in the fiscal year after the damage or destruction, including the month in which the damage was incurred. For purposes of applying the preceding calculation in prorating supplemental taxes, the term “fiscal year” means that portion of the tax year used to determine the adjusted amount of taxes due pursuant to subdivision (b) of Section 75.41. If the damage or destruction occurred after January 1 and before the beginning of the next fiscal year, the reassessment shall be utilized to determine the tax liability for the next fiscal year. However, if the property is fully restored during the next fiscal year, taxes due for that year shall be prorated based on the number of months in the year before and after the completion of restoration.
(f) Any tax paid in excess of the total tax due shall be refunded to the taxpayer pursuant to Chapter 5 (commencing with Section 5096) of Part 9, as an erroneously collected tax or by order of the board of supervisors without the necessity of a claim being filed pursuant to Chapter 5.
(g) (1) The assessed value of the property in its damaged condition, as determined pursuant to subdivision (b) compounded annually by the inflation factor specified in subdivision (a) of Section 51, shall be the taxable value of the property until it is restored, repaired, reconstructed, or other provisions of the law require the establishment of a new base year value.
(2) If partial reconstruction, restoration, or repair has occurred on any subsequent lien date, the taxable value shall be increased by an amount determined by multiplying the difference between its factored base year value immediately before the calamity and its assessed value in its damaged condition by the percentage of the repair, reconstruction, or restoration completed on that lien date.
(3) (A) On the third lien date following the calamity, if partial reconstruction, restoration, or repair is not progressing in a timely fashion, the assessed value of the property shall be determined pursuant to subdivision (a) of Section 51.
(B) This paragraph shall only apply to property destroyed or damaged in an area or region proclaimed by the Governor to be in a state of emergency.
(h) (1) When the property is fully repaired, restored, or reconstructed, the assessor shall make an additional assessment or assessments in accordance with subparagraph (A) or (B) upon completion of the repair, restoration, or reconstruction:
(A) If the completion of the repair, restoration, or reconstruction occurs on or after January 1, but on or before May 31, then there shall be two additional assessments. The first additional assessment shall be the difference between the new taxable value as of the date of completion and the taxable value on the current roll. The second additional assessment shall be the difference between the new taxable value as of the date of completion and the taxable value to be enrolled on the roll being prepared.
(B) If the completion of the repair, restoration, or reconstruction occurs on or after June 1, but before the succeeding January 1, then the additional assessment shall be the difference between the new taxable value as of the date of completion and the taxable value on the current roll.
(2) On the lien date following completion of the repair, restoration, or reconstruction, the assessor shall enroll the new taxable value of the property as of that lien date.
(3) For purposes of this subdivision, “new taxable value” shall mean the lesser of the property’s (A) full cash value, or (B) factored base year value or its factored base year value as adjusted pursuant to subdivision (c) of Section 70.
(i) The assessor may apply Chapter 3.5 (commencing with Section 75) of Part 0.5 in implementing this section, to the extent that chapter is consistent with this section.
(j) This section applies to all counties, whether operating under a charter or under the general laws of this state.
(k) Any ordinance in effect pursuant to former Section 155.1, 155.13, or 155.14 shall remain in effect according to its terms as if that ordinance was adopted pursuant to this section, subject to the limitations of subdivision (b).
(l) When the assessor does not have the general authority pursuant to subdivision (a) to initiate reassessments, if no application is made and the assessor determines that within the preceding 12 months a property has suffered damage caused by misfortune or calamity, that may qualify the property owner for relief under an ordinance adopted under this section, the assessor, with the approval of the board of supervisors, may reassess the particular property for which approval was granted as provided in subdivision (b) and notify the last known owner of the property of the reassessment.
(m) The amendments made to this section by the act adding this subdivision shall apply retroactively to the County of Los Angeles with respect to property located in the Porter Ranch neighborhood in the City of Los Angeles that was affected by the methane gas leak in that area in 2015 and 2016. Notwithstanding any other law, in the case of these properties, the application for reassessment may be filed within 12 months of the enactment of this subdivision or within the time specified in the ordinance, whichever is later. This subdivision does not alter any existing law regarding claims or defenses related to diminution of property values. The enactment of this subdivision does not in itself establish a presumption that property values have declined or that any property is in any way “damaged or destroyed” or otherwise “contaminated” for purposes of a civil action related to the methane gas leak that occurred in the Porter Ranch neighborhood of the City of Los Angeles in 2015 and 2016.
SEC. 2.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances related to the methane gas leak that occurred in the Porter Ranch neighborhood of the City of Los Angeles in 2015 and 2016.
SEC. 3.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to as soon as possible provide necessary relief to the residents of the Porter Ranch neighborhood in the City of Los Angeles that were affected by the methane gas leak that occurred there in 2015 and 2016, it is necessary that this act take effect immediately.


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

SECTION 1.
Section 7021 is added to the Business and Professions Code, to read:
7021.
The board may enter into an interagency agreement with any other state or local agency the board deems to be in possession of any information relevant to its priority to protect the public described in Section 7000.6.
SEC. 2.
Section 7071.18 is added to the Business and Professions Code, to read:
7071.18.
(a) Notwithstanding any other law, a licensee shall report to the registrar in writing the occurrence of any of the following within 90 days after the licensee obtains knowledge of the event:
(1) The conviction of the licensee for any felony.
(2) The conviction of the licensee for any other crime that is substantially related to the qualifications, functions, and duties of a licensed contractor.
(b) (1) The board shall consult with licensees, consumers, and other interested stakeholders in order to prepare a study of judgments, arbitration awards, and settlements that were the result of claims for construction defects for rental residential units and, by January 1, 2018, shall report to the Legislature the results of this study to determine if the board’s ability to protect the public as described in Section 7000.6 would be enhanced by regulations requiring licensees to report judgments, arbitration awards, or settlement payments of those claims. Participation by licensees and consumers shall be voluntary. The study shall include, but not be limited to, criteria used by insurers or others to differentiate between settlements that are for nuisance value and those that are not, whether settlement information or other information can help identify licensees who may be subject to an enforcement action, if there is a way to separate subcontractors from general contractors when identifying licensees who may be subject to an enforcement action, whether reporting should be limited to settlements resulting from construction defects that resulted in death or injury, the practice of other boards within the department, and any other criteria considered reasonable by the board. The board shall submit the report to the Legislature in accordance with Section 9795 of the Government Code.
(2) Records or documents obtained by the board during the course of implementing this subdivision that are exempt from public disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) shall remain exempt from disclosure pursuant to that act.
SEC. 3.
Section 18924.5 is added to the Health and Safety Code, to read:
18924.5.
(a) By January 1, 2018, the working group formed by the California Building Standards Commission to study recent exterior elevated element failures in California shall submit a report to the appropriate policy committees of the Legislature containing any findings and possible recommendations for statutory changes or changes to the California Building Standards Code.
(b) The working group shall review related documents and reports, including, but not limited to, any available forensic reports related to exterior elevated element failures in California, reports and studies used in the development of national and state building codes, and any other material deemed relevant to make recommendations to the appropriate state agency or agencies for the development of proposed building standards for exterior elevated elements.
(c) The working group shall solicit technical expertise as appropriate from, but not limited to, representatives from the Department of Housing and Community Development, the Division of the State Architect—Structural Safety, the Office of the State Fire Marshal, local building officials and plan checkers, e Contractors’ State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code).
SEC. 5.
The Legislature finds and declares that Section 2 of this act, which adds Section 7071.18 to the Business and Professions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
By allowing records and documents exempt from disclosure to be shared with the Contractors’ State License Board and remain nonpublic under the Public Records Act, the act adding this section would encourage private individuals and entities to provide the board with information that is vital to the success of its study and report to determine whether additional regulations are appropriate. Therefore, this act properly balances the public’s right to access to public records in the possession of the board with the need for the state to obtain otherwise private information.


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

SECTION 1.
The Legislature finds and declares the following:
(a) It is a matter of statewide concern that responsible competitive bidding at the University of California become more transparent than it is at present, in order that illegal and abusive employment practices by contractors can be prevented and, if not prevented, then brought to light and eliminated, with all victims of wage theft made whole for their employers’ violations.
(b) It is a matter of statewide concern that responsible competitive bidding at the University of California not undercut the wages and benefits provided by the University of California for comparable work, given that a significant percentage of University of California employees already are eligible for public benefits and any material decrease in the compensation of employees performing such work would result in materially increased General Fund costs for the provision of benefits.
(c) It is a matter of statewide concern that the University of California not repeat past instances in which public resources have been squandered via contracting out to for-profit private contractors that charge significant administrative overhead.
(d) In amending the Public Contract Code to promote responsible contracting at the University of California, it is important to delay the amendments’ effective date until January 1, 2018, in order to afford adequate preparatory time to the university and to contractors intending to bid on university contracts, as well as to lessen the cost of the amendments’ requirements by delaying their effect until after the university’s $15 per hour minimum wage for contracted employees is fully in effect.
SEC. 2.
Section 10507.6 is added to the Public Contract Code, to read:
10507.6.
(a) For the purposes of this article, to qualify as a lowest responsible bidder or best value awardee on any contract for building maintenance, cleaning or custodial services, call center services, dining and food services, gardening, grounds keeping and plant nursery services, laborer services, mail room services, parking, shuttle bus, or transportation services, security services, storekeeper services, truck driving services, patient care technical employee services, patient billing services, medical transcribing services, patient escort services, or nursing assistant services a bidder shall satisfy the requirements set forth in this section.
(b) (1) A bidder shall certify in writing to the University of California that the bid includes a total employee compensation package, including fringe benefits, that is valued on a per-employee basis at a level sufficient that it does not undercut by more than 5 percent the average per-employee value of total compensation, including fringe benefits, for employees of the University of California who perform comparable work at the relevant campus, medical center, or laboratory at which the bidder proposes to perform the work.
(2) The University of California shall implement this section by including in its request for proposals a calculation of the average per-employee value of total compensation, including fringe benefits, for employees of the University of California who perform comparable work at the relevant campus, medical center, or laboratory, and that calculation shall use all known cost escalators to project the future rate of growth of average per-employee total compensation costs.
(c) A bidder shall certify in writing to the University of California that, within the prior five years, the bidder has not been found liable for any violation of Section 484 of the Penal Code, Sections 200 through 558, inclusive, 1197.5, or 2810.5 of the Labor Code, or any wage order issued by the Industrial Welfare Commission, in any amount totaling more than twenty thousand dollars ($20,000) or 0.3 percent of the bidder’s most recent annual gross revenue, whichever is less.
(d) All records provided by a bidder or contractor to the university pursuant to this section shall be disclosed to any member of the public making a request to the university under Section 6253 of the Government Code, provided that (1) the university shall redact those portions of such records containing confidential information within the meaning of subdivision (c) of Section 6254 of the Government Code, and (2) the university, in responding to any request made during the course of a bid process that is not yet complete, shall delay until after the bid process is complete before disclosing any records containing materials submitted by a bidder.
(e) The requirements of this section shall not apply to employees covered by Section 1191.5 of the Labor Code or subdivision (c) of Section 214 of Title 29 of the United States Code. Any employees covered by Section 1191.5 of the Labor Code or subdivision (c) of Section 214 of Title 29 of the United States Code shall be omitted from any and all certifications and disclosures required by this article.
(f) This section does not apply to any work subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(g) This section shall become operative January 1, 2018.
SEC. 3.
Section 10507.7 of the Public Contract Code is amended to read:
10507.7.
(a) Except as provided for in this article, the Regents of the University of California shall let all contracts involving an expenditure of more than one hundred thousand dollars ($100,000) annually for goods and materials to be sold to the University of California to the lowest responsible bidder meeting specifications, or else reject all bids. Contracts for services to be performed, other than personal or professional services, involving an expenditure of one hundred thousand dollars ($100,000) or more annually shall be made or entered into with the lowest responsible bidder meeting specifications, or else all bids shall be rejected. If the regents deem it to be for the best interest of the university, the regents may, on the refusal or failure of the successful bidder for materials, goods, or services to execute a tendered contract, award it to the second lowest responsible bidder meeting specifications. If the second lowest responsible bidder fails or refuses to execute the contract, the regents may likewise award it to the third lowest responsible bidder meeting specifications.
(b) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before, deletes or extends that date.
SEC. 4.
Section 10507.7 is added to the Public Contract Code, to read:
10507.7.
(a) Except as provided for in this article, the Regents of the University of California shall let all contracts involving an expenditure of more than one hundred thousand dollars ($100,000) annually for goods and materials to be sold to the University of California to the lowest responsible bidder meeting specifications, or else reject all bids. Contracts for services to be performed, other than personal or professional services, involving an expenditure of one hundred thousand dollars ($100,000) or more annually shall be made or entered into with the lowest responsible bidder meeting specifications, or else all bids shall be rejected. If the regents deem it to be for the best interest of the university, the regents may, on the refusal or failure of the successful bidder for materials, goods, or services to execute a tendered contract, award it to the second lowest responsible bidder meeting specifications. If the second lowest responsible bidder fails or refuses to execute the contract, the regents may likewise award it to the third lowest responsible bidder meeting specifications.
(b) For the purposes of this section, contracts for services involving an expenditure of one hundred thousand dollars ($100,000) or more annually shall include any renewal or extension of an existing contract if the renewal or extension involves an expenditure of one hundred thousand dollars ($100,000) or more annually.
(c) This section shall become operative on January 1, 2018.


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

SECTION 1.
Section 2101 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is amended to read:
2101.
(a) A person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.
(b) For purposes of this section, the following definitions apply:
(1) “Imprisoned” means currently serving a state or federal prison sentence.
(2) “Parole” means a term of supervision by the Department of Corrections and Rehabilitation.
(3) “Conviction” does not include a juvenile adjudication made pursuant to Section 203 of the Welfare and Institutions Code.
SEC. 2.
Section 2101 of the Elections Code, as amended by Section 2 of Chapter 728 of the Statutes of 2015, is amended to read:
2101.
(a) A person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.
(b) A person entitled to preregister to vote in an election shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 16 years of age.
(c) For purposes of this section, the following definitions apply:
(1) “Imprisoned” means currently serving a state or federal prison sentence.
(2) “Parole” means a term of supervision by the Department of Corrections and Rehabilitation.
(3) “Conviction” does not include a juvenile adjudication made pursuant to Section 203 of the Welfare and Institutions Code.
SEC. 3.
Section 2106 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is amended to read:
2106.
A program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall contain the following statement in any printed literature or media announcements made in connection with the program: “A person entitled to register to vote must be a United States citizen, a resident of California, not currently in state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election.”
SEC. 4.
Section 2106 of the Elections Code, as amended by Section 2 of Chapter 619 of the Statutes of 2014, is amended to read:
2106.
A program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall contain the following statement in printed literature or media announcements made in connection with the program: “A person entitled to register to vote must be a United States citizen, a resident of California, not currently in state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election. A person may preregister to vote if he or she is a United States citizen, a resident of California, not currently in state or federal prison or on state parole for the conviction of a felony, and at least 16 years of age.” A county elections official may continue to use existing materials before printing new or revised materials required by any changes to this section.
SEC. 5.
Section 2106 of the Elections Code, as amended by Section 5 of Chapter 728 of the Statutes of 2015, is amended to read:
2106.
A program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall contain the following statement in printed literature or media announcements made in connection with the program: “A person entitled to register to vote must be a United States citizen, a resident of California, not currently imprisoned in a state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election. A person may preregister to vote if he or she is a United States citizen, a resident of California, not currently imprisoned in a state or federal prison or on state parole for the conviction of a felony, and at least 16 years of age.” A county elections official may continue to use existing materials before printing new or revised materials required by any changes to this section.
SEC. 6.
Section 2106 of the Elections Code, as amended by Section 6 of Chapter 728 of the Statutes of 2015, is amended to read:
2106.
A program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall contain the following statement in any printed literature or media announcements made in connection with the program: “A person entitled to register to vote must be a United States citizen, a resident of California, not currently imprisoned in a state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election.”
SEC. 7.
Section 2212 of the Elections Code, as amended by Section 95 of Chapter 784 of the Statutes of 2002, is amended to read:
2212.
The clerk of the superior court of each county, on the basis of the records of the court, shall furnish to the county elections official, not less frequently than the first day of April and the first day of September of each year, a statement showing the names, addresses, and dates of birth of all persons who have been committed to state prison as the result of a felony conviction since the clerk’s last report. The elections official shall, during the first week of April and the first week of September in each year, cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony. The clerk shall certify the statement under the seal of the court.
SEC. 8.
Section 2212 of the Elections Code, as amended by Section 65 of Chapter 728 of the Statutes of 2015, is amended to read:
2212.
The clerk of the superior court of each county, on the basis of the records of the court, shall furnish to the Secretary of State and the county elections official in the format prescribed by the Secretary of State, not less frequently than the first day of every month, a statement showing the names, addresses, and dates of birth of all persons who have been committed to state prison as the result of a felony conviction since the clerk’s last report. The Secretary of State or county elections official shall cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony. The clerk shall certify the statement under the seal of the court.
SEC. 9.
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.


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

SEe state or outside of the state.
(2) Exporters, brokers, and transporters of recyclables or compost shall submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred.
(3) The information in the reports submitted pursuant to this subdivision may be provided to the department on an aggregated facility-wide basis and may exclude financial data, such as contract terms and conditions (including information on pricing, credit terms, volume discounts and other proprietary business terms), the jurisdiction of the origin of the materials, or information on the entities from which the materials are received. The department may provide this information to jurisdictions, aggregated by company, upon request. The aggregated information, other than that aggregated by company, is public information.
(c) The department shall adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to implement this section, and that provide a representative accounting of solid wastes and recyclable materials that are handled, processed, or disposed. Those regulations approved by the department shall not impose an unreasonable burden on waste and recycling handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste and recyclables. The department shall include in those regulations both of the following:
(1) Procedures to ensure that an opportunity to comply is provided prior to initiation of enforcement authorized by Section 41821.7.
(2) Factors to be considered in determining penalty amounts that are similar to those provided in Section 45016.
(d) Any person who refuses or fails to submit information required by regulations adopted pursuant to this section is liable for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.
(e) Any person who knowingly or willfully files a false report, or any person who refuses to permit the department or any of its representatives to make inspection or examination of records, or who fails to keep any records for the inspection of the department, or who alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by regulations adopted pursuant to this section, is liable for a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.
(f) Liability under this section may be imposed in a civil action, or liability may be imposed administratively pursuant to this article.
(g) (1) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, all records that the facility or operator is reasonably required to keep to allow the department to verify information in, or verification of, the reports required pursuant to subdivisions (a) and (b) and implementing regulations shall be subject to inspection and copying by the department, but shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(2) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, an employee of a government entity may, at the disposal facility, inspect and copy records related to tonnage received at the facility on or after July 1, 2015, and originating within the government entity’s geographic jurisdiction. Those records shall be limited to weight tags that identify the hauler, vehicle, quantity, date, type, and origin of waste received at a disposal facility. Those records shall be available to those government entities for the purposes of subdivision (a) and as necessary to enforce the collection of local fees, but those records shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Names of haulers using specific landfills shall not be disclosed by a government entity unless necessary as part of an administrative or judicial enforcement proceeding to fund local programs or enforce local franchises.
(3) A government entity may petition the superior court for injunctive or declaratory relief to enforce its authority under paragraph (2). The times for responsive pleadings and hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time.
(4) For purposes of this section, a government entity is an entity identified in Section 40145 or an entity formed pursuant to Section 40976.
(5) For purposes of this subdivision, “disposal” and “disposal facility” have the same meanings as prescribed by Sections 40120.1 and 40121, respectively.
(6) Nothing in this subdivision shall be construed to limit or expand the authority of a government entity that may have been provided by this section and implementing regulations as they read on December 31, 2015.
(7) The records subject to inspection and copying by the department pursuant to paragraph (1) or by an employee of a government entity pursuant to paragraph (2) may be redacted by the operator before inspection to exclude confidential pricing information contained in the records, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), if the redacted information is not information that is otherwise required to be reported to the department.
(h) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), reports required by this section shall be submitted electronically, using an electronic reporting format system established by the department.
(i) All records provided in accordance with this section shall be subject to Section 40062.


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

SECTION 1.
Section 17510.86 is added to the Business and Professions Code, to read:
17510.86.
(a) An Internet Web site produced by, or on behalf of, a charity that operates or engages in the solicitation for charitable purposes of funds or other property in this state shall include a prominent link on the home page of the Internet Web site that immediately directs all consumers to the Attorney General’s Internet Web site, which contains information about consumer rights and protections and charity research resources.
(b) A document produced by, or on behalf of, a charity for the solicitation for charitable purposes of funds or other property in this state shall include the Internet Web site address of the Attorney General’s Internet Web site, which contains information about consumer rights and protections and charity research resources.
(c) No later than July 1, 2017, the Attorney General shall develop and publish on the Attorney General’s Internet Web site, which contains information about charities, informational materials containing consumer rights and protections and charity research resources to allow donors to become informed about a charity before making a decision to give.
SECTION 1.
Section 17510.86 is added to the
Business and Professions Code
, to read:
17510.86.
(a)An Internet Web site produced by, or on behalf of, a charity that operates, or engages in the solicitation for charitable purposes of funds or other property, in this state shall comply with both of the following:
(1)The Internet Web site shall contain a financial disclosures Internet Web page, which shall include both of the following:
(A)A disclosure of the sum total of the salaries, other compensation, and employee benefits of the charity’s executive director and board of directors and all of the charity’s other administrative overhead expenses, as reported on the charity’s most recent Internal Revenue Service Form 990 filing. The disclosure shall be set forth in at least 14-point, bold, sans serif type font and shall be clear and conspicuous, as defined in Section 17601.
(B)A complete copy of the charity’s most recent Internal Revenue Service Form 990 filing.
(2)Each Internet Web page on the Internet Web site shall include a direct link to the financial disclosures Internet Web page required pursuant to paragraph (1). The direct link shall contain the phrase “Click here to read a full disclosure of the finances, including the salaries and expenses, of this organization,” shall be placed in the top right corner of each Internet Web page in at least 14-point, bold, sans serif type font, and shall be clear and conspicuous, as defined in Section 17601.
(b)(1)A document produced by, or on behalf of, a charity for the solicitation for charitable purposes of funds or other property in this state shall include a disclosure statement indicating the percentage of the charity’s funding that is spent on the sum total of the salaries, other compensation, and employee benefits of the charity’s executive director and board of directors and all of the charity’s other administrative overhead expenses, as reported on the charity’s most recent Internal Revenue Service Form 990 filing.
(2)The disclosure statement shall be printed on the first page of the document in at least 14-point, bold, sans serif type font and shall be clear and conspicuous, as defined in Section 17601.
(c)The Attorney General may enforce this section by taking any of the following actions against a charity that provides false information or otherwise violates this section:
(1)Directing the Franchise Tax Board to suspend or revoke the charity’s exemption from the taxes imposed by the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code). The suspension or revocation shall become effective immediately upon receipt by the Franchise Tax Board, and the Franchise Tax Board shall reinstate the exemption only upon subsequent notification by the Attorney General that the charity is in compliance with this section.
(2)Refusing to register, or revoking or suspending the registration of, a charity pursuant to the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code).
(3)Taking any other enforcement action pursuant to the Attorney General’s existing powers and duties.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.


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

SECTION 1.
Section 1170.05 of the Penal Code is amended to read:
1170.05.
(a) Notwithstanding any other law, the Secretary of the Department of Corrections and Rehabilitation is authorized to offer a program under which female inmates as specified in subdivision (c), who are not precluded by subdivision (d), and who have been committed to state prison may be allowed to participate in a voluntary alternative custody program as defined in subdivision (b) in lieu of their confinement in state prison. In order to qualify for the program an offender need not be confined in an institution under the jurisdiction of the Department of Corrections and Rehabilitation. Under this program, one day of participation in an alternative custody program shall be in lieu of one day of incarceration in the state prison. Participants in the program shall receive any sentence reduction credits that they would have received had they served their sentence in the state prison, and shall be subject to denial and loss of credit pursuant to subdivision (a) of Section 2932. The department may enter into contracts with county agencies, not-for-profit organizations, for-profit organizations, and others in order to promote alternative custody placements.
(b) As used in this section, an alternative custody program shall include, but not be limited to, the following:
(1) Confinement to a residential home during the hours designated by the department.
(2) Confinement to a residential drug or treatment program during the hours designated by the department.
(3) Confinement to a transitional care facility that offers appropriate services.
(c) Except as provided by subdivision (d), female inmates sentenced to state prison for a determinate term of imprisonment pursuant to Section 1170, and only those persons, are eligible to participate in the alternative custody program authorized by this section.
(d) An inmate committed to the state prison who meets any of the following criteria is not eligible to participate in the alternative custody program:
(1) The person has a current conviction for a violent felony as defined in Section 667.5.
(2) The person has a current conviction for a serious felony as defined in Sections 1192.7 and 1192.8.
(3) The person has a current or prior conviction for an offense that requires the person to register as a sex offender as provided in Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
(4) The person was screened by the department using a validated risk assessment tool and determined to pose a high risk to commit a violent offense.
(5) The person has a history, within the last 10 years, of escape from a facility while under juvenile or adult custody, including, but not limited to, any detention facility, camp, jail, or state prison facility.
(e) An alternative custody program shall include the use of electronic monitoring, global positioning system devices, or other supervising devices for the purpose of helping to verify a participant’s compliance with the rules and regulations of the program. The devices shall not be used to eavesdrop or record any conversation, except a conversation between the participant and the person supervising the participant, in which case the recording of such a conversation is to be used solely for the purposes of voice identification.
(f) (1) In order to implement alternative custody for the population specified in subdivision (c), the department shall create, and the participant shall agree to and fully participate in, an individualized treatment and rehabilitation plan. When available and appropriate for the individualized treatment and rehabilitation plan, the department shall prioritize the use of evidence-based programs and services that will aid in the successful reentry into society while she takes part in alternative custody. Case management services shall be provided to support rehabilitation and to track the progress and individualized treatment plan compliance of the inmate.
(2) For purposes of this section, “evidence-based practices” means supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or postrelease community supervision.
(g) The secretary shall prescribe reasonable rules and regulations under which the alternative custody program shall operate. The department shall adopt regulations necessary to effectuate this section, including emergency regulations as provided under Section 5058.3 and adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The participant shall be informed in writing that she shall comply with the rules and regulations of the program, including, but not limited to, the following rules:
(1) The participant shall remain within the interior premises of her residence during the hours designated by the secretary or his or her designee.
(2) The participant shall be subject to search and seizure by a peace officer at any time of the day or night, with or without cause. In addition, the participant shall admit any peace officer designated by the secretary or his or her designee into the participant’s residence at any time for purposes of verifying the participant’s compliance with the conditions of her detention. Prior to participation in the alternative custody program, all participants shall agree in writing to these terms and conditions.
(3) The secretary or his or her designee may immediately retake the participant into custody to serve the balance of her sentence if the electronic monitoring or supervising devices are unable for any reason to properly perform their function at the designated place of detention, if the participant fails to remain within the place of detention as stipulated in the agreement, or if the participant for any other reason no longer meets the established criteria under this section.
(h) Whenever a peace officer supervising a participant has reasonable suspicion to believe that the participant is not complying with the rules or conditions of the program, or that the electronic monitoring devices are unable to function properly in the designated place of confinement, the peace officer may, under general or specific authorization of the secretary or his or her designee, and without a warrant of arrest, retake the participant into custody to complete the remainder of the original sentence.
(i) This section does not require the secretary or his or her designee to allow an inmate to participate in this program if it appears from the record that the inmate has not satisfactorily complied with reasonable rules and regulations while in custody. An inmate is eligible for participation in an alternative custody program only if the secretary or his or her designee concludes that the inmate meets the criteria for program participation established under this section and that the inmate’s participation is consistent with any reasonable rules and regulations prescribed by the secretary.
(1) The rules and regulations and administrative policies of the program shall be written and shall be given or made available to the participant upon assignment to the alternative custody program.
(2) The secretary or his or her designee shall have the sole discretion concerning whether to permit program participation as an alternative to custody in state prison. A risk and needs assessment shall be completed on each inmate to assist in the determination of eligibility for participation and the type of alternative custody.
(3) An inmate’s existing psychiatric or medical condition that requires ongoing care is not a basis for excluding the inmate from eligibility to participate in an alternative custody program authorized by this section.
(j) The secretary or his or her designee shall establish a timeline for the application process. The secretary or his or her designee shall respond to an applicant within two weeks of her application to inform the inmate that the application was received, and to notify the inmate of the eligibility criteria of the program. The secretary or his or her designee shall provide a written notice to the inmate of her acceptance or denial into the program. The individualized treatment and rehabilitation plan described in subdivision (f) shall be developed, in consultation with the inmate, after the applicant has been found potentially eligible for participation in the program and no later than 30 calendar days after the potential eligibility determination. Except as necessary to comply with any release notification requirements, the inmate shall be released to the program no later than seven business days following notice of acceptance into the program, or if this is not possible in the case of an inmate to be placed in a residential drug or treatment program or in a transitional care facility, the first day a contracted bed becomes available at the requested location. If the inmate is denied participation in the program, the notice of denial shall specify the reason the inmate was denied. The secretary or his or her designee shall maintain a record of the application and notice of denials for participation. The inmate may appeal the decision through normal grievance procedures or reapply for participation in the program 30 days after the notice of the denial.
(k) The secretary or his or her designee shall permit program participants to seek and retain employment in the community, attend psychological counseling sessions or educational or vocational training classes, participate in life skills or parenting training, utilize substance abuse treatment services, or seek medical and dental assistance based upon the participant’s individualized treatment and release plan. Participation in other rehabilitative services and programs may be approved by the case manager if it is specified as a requirement of the inmate’s individualized treatment and rehabilitative case plan. Willful failure of the program participant to return to the place of detention not later than the expiration of any period of time during which she is authorized to be away from the place of detention pursuant to this section, unauthorized departures from the place of detention, or tampering with or disabling, or attempting to tamper with or disable, an electronic monitoring device shall subject the participant to a return to custody pursuant to subdivisions (g) and (h). In addition, participants may be subject to forfeiture of credits pursuant to the provisions of Section 2932, or to discipline for violation of rules established by the secretary.
(l) (1) Notwithstanding any other law, the secretary or his or her designee shall provide the information specified in paragraph (2) regarding participants in an alternative custody program to the law enforcement agencies of the jurisdiction in which persons participating in an alternative custody program reside.
(2) The information required by paragraph (1) shall consist of the following:
(A) The participant’s name, address, and date of birth.
(B) The offense committed by the participant.
(C) The period of time the participant will be subject to an alternative custody program.
(3) The information received by a law enforcement agency pursuant to this subdivision may be used for the purpose of monitoring the impact of an alternative custody program on the community.
(m) It is the intent of the Legislature that the alternative custody program established under this section maintain the highest public confidence, credibility, and public safety. In the furtherance of these standards, the secretary may administer an alternative custody program pursuant to written contracts with appropriate public agencies or entities to provide specified program services. No public agency or entity entering into a contract may itself employ any person who is in an alternative custody program. The department shall determine the recidivism rate of each participant in an alternative custody program.
(n) An inmate participating in this program shall voluntarily agree to all of the provisions of the program in writing, including that she may be returned to confinement at any time with or without cause, and shall not be charged fees or costs for the program.
(o) (1) The secretary or his or her designee shall assist an individual participating in the alternative custody program in obtaining health care coverage, including, but not limited to, assistance with having suspended Medi-Cal benefits reinstated, applying for Medi-Cal benefits, or obtaining health care coverage under a private health plan or policy.
(2) To the extent not covered by a participant’s health care coverage, the state shall retain responsibility for the medical, dental, and mental health needs of individuals participating in the alternative custody program.
(p) The secretary shall adopt emergency regulations specifically governing participants in this program.
(q) If a phrase, clause, sentence, or provision of this section or application thereof to a person or circumstance is held invalid, that invalidity shall not affect any other phrase, clause, sentence, or provision or application of this section, which can be given effect without the invalid phrase, clause, sentence, or provision or application and to this end the provisions of this section are declared to be severable.


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

SECTION 1.
This act shall be known, and may be cited, as the Priority Project Parity Act of 2015.
SEC. 2.
The Legislature finds and declares all of the following:
(a) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), commonly known as CEQA, was enacted with a near unanimous bipartisan vote of the Legislature in 1970 and signed into law by Governor Reagan.
(b) The purpose of CEQA is to enhance public disclosure of the environmental impacts of a project and to require feasible mitigation measures or alternative project configurations that reduce significant adverse impacts to the physical environment.
(c) Feasible mitigation measures and alternatives are limited to those that allow the project to achieve its objectives, fall within the jurisdiction of the lead agency, and can be readily implemented from a legal, technical, and economic perspective.
(d) If, notwithstanding the feasible mitigation measures or alternative configuration, a project would have a significant unavoidable adverse impact on the physical environment or substantially contribute to an unavoidable significant adverse cumulative impact on the physical environment, an agency may nevertheless approve the project by adopting a statement explaining the overriding employment, environmental, social, economic, or other benefits that have informed the agency’s decision to approve the project.
(e) In a notable contrast to the federal court interpretation of the federal National Environmental Policy Act of 1969 (42 U.S.C. Secs. 4321 et seq.), which served as a model for CEQA, California courts have decided that lawsuits challenging the adequacy of an agency’s compliance with CEQA may be brought by any party for any reason, including, but not limited to, parties seeking competitive advantage, seeking wage or other employment terms and conditions, seeking to protect private property economic values, and seeking to preclude neighborhood-scale projects that are or may increase the quality of life for lower income and racially diverse population groups, by increasing youth utilization of urban parks or by developing transit systems in urbanized areas, without regard to the environmental or other merits of the project.
(f) In advising the state, regional, and local agency on the compliance requirements of CEQA, the Governor’s Office of Planning and Research has identified more than 100 potential environmental impact topics that must be evaluated for each project, has routinely adopted guidance that increases the cost and complexity of the analysis required, and continues to propose requirements that increase uncertainty and complexity, including, but not limited to, advocating for regulatory reversals of appellate court statutory interpretations, such as the “business as usual” approach to evaluating the significance of greenhouse gas emissions and the judicial classification of parking as an environmental impact based on air quality and other factors. Collectively, such ambiguous and contradictory advice has continued to increase the cost and litigation uncertainty of compliance obligations under CEQA.
(g) Three private sector law firms, each representing a diverse range of parties affected by CEQA including public agencies, project applicants, and other stakeholders, have completed studies on reported appellate court decisions interpreting CEQA and those studies demonstrate that the courts have determined that the lead agencies failed to comply with some aspect of CEQA in nearly half of all cases, and that even the most elaborate environmental studies, the environmental impact reports, that are entitled to the highest level of judicial deference, failed to pass judicial muster in nearly half of all reported appellate cases over a 15-year period. Projects approved under a less costly and less time-consuming negative declaration process fail to pass judicial muster in far more than half of the cases challenging those approvals.
(h) The overwhelming majority of the adverse court decisions required that project approval be vacated pending completion of further environmental studies under CEQA.
(i) Notwithstanding such conclusive evidence of widespread confusion regarding the compliance requirements of CEQA, along with litigation abuse to promote nonenvironmental interests and abusive litigation tactics, such as “document dumping,” to delay agency decisions for weeks and sometimes months after the close of the comment periods prescribed by CEQA, the Legislature has declined to enact any systematic reforms that address how this 1970-era law is to be interpreted in conjunction with the hundreds of environmental and planning mandates that have subsequently been enacted as coequal legal mandates in California’s stringent and complex suite of statutes designed to protect and enhance environmental quality, including, but not limited to, statutes requiring integration of environmental protection standards in land use plans and policies.
(j) The existence of an outstanding lawsuit challenging compliance with CEQA, in tandem with the high level of adverse judicial outcomes, creates significant unresolved project contingencies that generally preclude timely receipt of federal and state grant funding as well as other forms of public and private sector financing.
(k) Legislative leadership has routinely sponsored last minute legislation for politically favored projects, including, but not limited to, major league sports facilities and prisons, to either exempt them from CEQA or limit the judicial remedies that are available when an adverse judicial determination has been made. These favored leadership projects have achieved this sheltered status without regard to whether the projects are consistent with an adopted sustainable communities strategy required pursuant to Section 65080 of the Government Code. This highly politicized leadership exemption process has been referred to as the “transactional” model for implementing CEQA.
(l) This transactional model for implementing CEQA is an effective method of avoiding delays in financing and implementation of priority projects. There is an ample body of otherwise applicable California environmental protection and land use law in place to avoid and minimize potentially significant adverse environmental impacts to the physical environment without regard to the applicability of CEQA. No existing law creates a presumed different suite of legal compliance obligations reserved to legislative leaders and the legislative districts they represent. Legislative leadership positions do not confer upon individuals serving in those positions a monopoly on the use of the transactional model for implementing CEQA. The transactional model of legislative exemptions has a history of extending nearly to the 1970 enactment date of CEQA.
(m) It is now appropriate to enact a new compliance pathway for a project identified as a priority by each Member of the Senate and Assembly.
SEC. 3.
Section 21168.10 is added to the Public Resources Code, to read:
21168.10.
(a) (1) On or before November 15 of each year, each Member of the Legislature may annually nominate one project within his or her respective district as a priority project.
(2) A member of the Legislature who chooses to nominate a project shall submit to the Governor the name of the project and sufficient information to demonstrate that the project will meet the requirements specified in paragraph (3).
(3) The Governor shall designate a project as a priority project if the project meets all of the following:
(A) The project will result in at least 100 new or retained full time jobs.
(B) The project is consistent with the adopted sustainable communities strategy for the region in which the project is located.
(C) The project applicant certifies its intent to remain in the location of the project for a minimum of five years.
(b) Subject to subdivision (a), a project may be designated as a priority project pursuant to subdivision (a) at any time following the submittal of the project proposal or application to the lead agency for the commencement of environmental review pursuant to this division but not later than 30 days following the approval of the project by the lead agency.
(c) Withing 10 days after the designation of a project pursuant to paragraph (3) of subdivision (a), the Governor shall provide a notice of designation to the lead agency for the designated project and to the Office of Planning and Research. The lead agency shall inform members of the public and other interested stakeholders that a project has been designated as a priority project pursuant to paragraph (3) of subdivision (a) in the lead agency’s next otherwise applicable and required public document or notice regarding the project and in all subsequent otherwise applicable and required public documents or notices regarding the project, up to and including applicable and required notice and documentation for project approval. If there is no applicable and required public document or notice, the lead agency shall provide a notice of designation to the public and interested stakeholders.
(d) (1) The lead agency for a priority project shall complete all notices required by this division and, except as provided in paragraph (3), an environmental impact report shall be completed for each priority project.
(2) The environmental impact report for a priority project may tier from an earlier environmental impact report completed for the existing or earlier version of the project and the tiered environmental impact report shall be limited to the consideration of significant adverse impacts resulting from the project that were not previously identified in the earlier environmental impact report, or, if the adverse impacts had been identified in the earlier environmental impact report, the impacts are more severe than previously identified.
(3) A new environmental impact report is not required for a priority project that has been already included in an environmental impact report prepared and certified under this division but the lead agency shall prepare an addendum to the prior environmental impact report to explain to the public and other interested stakeholders the manner in which the project had been addressed in the prior environmental impact report.
(e) (1) In granting relief in an action or proceeding brought pursuant to this division, the court shall not stay or enjoin a priority project designated pursuant to subdivision (a) unless the court finds either of the following:
(A) The continued implementation of the priority project presents an imminent threat to the public health and safety.
(B) The priority project site contains unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values that would be materially, permanently, and adversely affected by the continued implementation of the priority project.
(2) If the court finds that subparagraph (A) or (B) is satisfied, the court shall only enjoin those specific activities associated with the priority project that present an imminent threat to public health and safety or that materially, permanently, and adversely affect unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.


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

SECTION 1.
Section 149.11 is added to the Streets and Highways Code, to read:
149.11.
(a) (1) Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the San Bernardino County Transportation Commission, created pursuant to Section 130054 of the Public Utilities Code, may conduct, administer, and operate a value-pricing program in the Interstate 10 and Interstate 15 corridors in the County of San Bernardino. The value-pricing program may include high-occupancy toll lanes or other toll facilities. The San Bernardino County Transportation Commission may also extend the program to include the approaching and departing connectors on Interstate 10 extending into the County of Los Angeles, as designated by an agreement with the Los Angeles County Metropolitan Transportation Authority, and the connection to the Interstate 15 express lanes project in the County of Riverside, as designated by an agreement with the Riverside County Transportation Commission. The San Bernardino County Transportation Commission may exercise its existing powers of eminent domain pursuant to Section 130220.5 of the Public Utilities Code to acquire property necessary to carry out the purposes of the value-pricing program.
(2) The value-pricing program authorized pursuant to paragraph (1) may only be implemented upon a determination that the program and the resulting facilities will improve the performance of the affected corridors. Improved performance may be demonstrated by factors that include, but are not limited to, increased passenger throughput or improved travel times. The San Bernardino County Transportation Commission shall make the determination required by this paragraph in a public meeting prior to operation of the value-pricing program.
(3) The San Bernardino County Transportation Commission shall have the authority to set, levy, and collect tolls, user fees, or other similar charges payable for the use of the toll facilities in the County of San Bernardino, and any other incidental or related fees or charges, and to collect those revenues, in a manner determined by the San Bernardino County Transportation Commission, in amounts as required for the following expenditures relative to the program and for the purposes of paragraph (4):
(A) Development, including the costs of design, construction, right-of-way acquisition, and utilities adjustment.
(B) Operations and maintenance, including, but not limited to, insurance, collection, and enforcement of tolls, fees, and charges.
(C) Repair, rehabilitation, and reconstruction.
(D) Indebtedness incurred and internal loans and advances, including related financial costs.
(E) Administration, which shall not exceed 3 percent of the revenues of toll facilities and associated transportation facilities.
(F) Reserves for the purposes described in subparagraphs (A) to (E), inclusive.
(4) All revenue generated pursuant to paragraph (3) in excess of the expenditure needs of that paragraph shall be used exclusively for the benefit of the transportation corridors included in the value-pricing program created pursuant to this section. These excess revenue expenditures shall be described in an excess revenue expenditure plan developed in consultation with the department and adopted and periodically updated by the board of directors of the San Bernardino County Transportation Commission and may include, but need not be limited to, the following eligible expenditures:
(A) Expenditures to enhance transit service designed to reduce traffic congestion within the transportation corridors included in the value-pricing program created pursuant to this section. Eligible expenditures include, but are not limited to, transit operating assistance, the acquisition of transit vehicles, and transit capital improvements otherwise eligible to be funded under the state transportation improvement program pursuant to Section 164.
(B) Expenditures to make operational or capacity improvements designed to reduce traffic congestion or improve the flow of traffic in the transportation corridors included in the value-pricing program created pursuant to this section. Eligible expenditures include, but are not limited to, any phase of project delivery to make capital improvements to on ramps, off ramps, connector roads, roadways, bridges, or other structures that are necessary for or related to the tolled or nontolled transportation facilities in the transportation corridors included in the value-pricing program created pursuant to this section.
(5) To the extent the San Bernardino County Transportation Commission plans to extend the value-pricing program into the Counties of Los Angeles or Riverside, it shall enter into an agreement with the Los Angeles County Metropolitan Transportation Authority or the Riverside County Transportation Commission, as applicable, subject to approval of the board of directors of the San Bernardino County Transportation Commission and the board of directors of the affected entity. If the value-pricing program developed and operated by the San Bernardino County Transportation Commission connects to, or is near, similar toll facilities constructed and operated by the Los Angeles County Metropolitan Transportation Authority or the Riverside County Transportation Commission, the respective entities shall enter into an agreement providing for the coordination of the toll facilities operated by each entity.
(b) (1) The San Bernardino County Transportation Commission shall carry out the program in cooperation with the Department of the California Highway Patrol pursuant to an agreement that addresses all matters related to enforcement on state highway system facilities in connection with the value-pricing program, and with the department pursuant to an agreement that addresses all matters related to the design, construction, maintenance, and operation of state highway system facilities in connection with the value-pricing program, including, but not limited to, financing, repair, rehabilitation, and reconstruction.
(2) The San Bernardino County Transportation Commission shall be responsible for reimbursing the department and the Department of the California Highway Patrol for costs related to the toll facility pursuant to an agreement between the San Bernardino County Transportation Commission and the department and between the San Bernardino County Transportation Commission and the Department of the California Highway Patrol.
(c) Single-occupant vehicles that are certified or authorized by the San Bernardino County Transportation Commission for entry into, and use of, the high-occupancy toll lanes implemented pursuant to this section are exempt from Section 21655.5 of the Vehicle Code, and the driver shall not be in violation of the Vehicle Code because of that entry and use.
(d) (1) The San Bernardino County Transportation Commission may issue bonds at any time to finance any costs necessary to implement the program established pursuant to this section and any expenditures provided for in paragraphs (3) and (4) of subdivision (a), payable from the revenues generated from the program and any other sources of revenues available to the San Bernardino County Transportation Commission that may be used for these purposes, including, but not limited to, sales tax revenue, development impact fees, or state and federal grants.
(2) The maximum bonded indebtedness that may be outstanding at any one time shall not exceed an amount that may be serviced from the projected revenues available as described in paragraph (1).
(3) The bonds shall bear interest at a rate or rates not exceeding the maximum allowable by law, payable at intervals determined by the San Bernardino County Transportation Commission.
(4) Any bond issued pursuant to this subdivision shall contain on its face a statement to the following effect:
“Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of principal of, or interest on, this bond.”
(5) Bonds shall be issued pursuant to a resolution of the governing board of the San Bernardino County Transportation Commission adopted by a majority vote of its governing board. The resolution or bond authorizing instrument shall state all of the following:
(A) The purposes for which the proposed debt is to be incurred.
(B) The estimated cost of accomplishing those purposes.
(C) The amount of the principal of the indebtedness.
(D) The maximum term of the bonds and the maximum interest rate.
(E) The denomination or denominations of the bonds, which shall not be less than five thousand dollars ($5,000).
(F) The form of the bonds.
(e) Not later than three years after the San Bernardino County Transportation Commission first collects revenues from the program authorized by this section, the San Bernardino County Transportation Commission shall submit a report to the Legislative Analyst on its findings, conclusions, and recommendations concerning the program. The report shall include an analysis of the effect of the transportation facilities on the adjacent mixed-flow lanes and any comments submitted by the department and the Department of the California Highway Patrol regarding operation of the transportation facilities.
(f) This section shall not prevent the department or any local agency from constructing improvements in the transportation corridors that compete with the program, and the San Bernardino County Transportation Commission shall not be entitled to compensation for the adverse effects on toll revenue due to those competing improvements.
(g) If any provision of this section or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this extent the provisions are severable.
(h) Nothing in this section shall authorize the conversion of any existing nontoll or nonuser-fee lanes into tolled or user-fee lanes, except that a high-occupancy vehicle lane may be converted into a high-occupancy toll lane.
SEC. 2.
This act shall become operative only if Assembly Bill 194 of the 2015–16 Regular Session is also enacted and becomes operative on or before January 1, 2016.


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

SECTION 1.
Section 27375 of the Vehicle Code is amended to read:
27375.
(a) Any person who operates a modified limousine shall ensure that the vehicle has at least two rear side doors, as specified in paragraph (2), and one or two rear windows, as specified in paragraph (1), that the rear seat passengers or all passengers of the vehicle may open from the inside of the vehicle in case of any fire or other emergency that may require the immediate exit of the passengers of the vehicle. A limousine subject to this subdivision shall be equipped with both of the following:
(1) (A) Except as provided in subparagraph (B), at least two rear push-out windows that are accessible to all passengers. At least one push-out window shall be located on each side of the vehicle, unless the design of the limousine precludes the installation of a push-out window on one side of the vehicle, in which case the second push-out window shall instead be located in the roof of the vehicle.
(B) If the design of the limousine precludes the installation of even one push-out window on a side of the vehicle, one push-out window shall instead be located in the roof of the vehicle.
(C) The Department of the California Highway Patrol shall establish, by regulation, standards to ensure that window exits are operable and sufficient in emergency situations for limousine passengers. The department shall ensure that these regulations comply with any applicable federal motor vehicle safety standards.
(D) For modified limousines modified prior to July 1, 2015, the requirements of this paragraph shall apply on and after January 1, 2018.
(2) (A) At least two rear side doors that are accessible to all passengers and that may be opened manually by any passenger. At least one rear side door shall be located on each side of the vehicle.
(B) For modified limousines modified on or after July 1, 2015, at least one of these side doors shall be located near the driver’s compartment and another near the back of the vehicle.
(C) The rear side doors shall comply with any applicable federal motor vehicle safety standards as deemed necessary by the Department of the California Highway Patrol.
(b) In the case of a fire or other emergency that requires the immediate exit of the passengers from the limousine, the driver of the limousine shall unlock the doors so that the rear side doors can be opened by the passengers from the inside of the vehicle.
(c) An owner or operator of a limousine shall do all of the following:
(1) Instruct all passengers on the safety features of the vehicle prior to the beginning of any trip, including, but not limited to, instructions for lowering the partition between the driver and passenger compartments and for communicating with the driver by the use of an intercom or other onboard or wireless device.
(2) Disclose to the contracting party and the passengers whether the limousine meets the safety requirements described in this section.
(3) If paragraph (1) of subdivision (d) applies, the owner or operator of a limousine shall further disclose to the contracting party and the passengers that the limousine does not meet the safety requirements required in subdivision (a) regarding vehicle escape options because of its exempt status, and therefore may pose a greater risk to passengers should emergency escape be necessary.
(d) (1) Except as provided in paragraph (2), subdivision (a) shall not apply to any limousine manufactured before 1970 that has an active transportation charter-party carrier (TCP) number that was issued by the commission as of August 15, 2013.
(2) Subdivision (a) shall apply to any limousine manufactured before 1970 if it was modified after August 15, 2013.
SEC. 2.
Section 34501 of the Vehicle Code is amended to read:
34501.
(a) (1) The department shall adopt reasonable rules and regulations that, in the judgment of the department, are designed to promote the safe operation of vehicles described in Section 34500, regarding, but not limited to, controlled substances and alcohol testing of drivers by motor carriers, hours of service of drivers, equipment, fuel containers, fueling operations, inspection, maintenance, recordkeeping, accident reports, and drawbridges. The rules and regulations shall not, however, be applicable to schoolbuses, which shall be subject to rules and regulations adopted pursuant to Section 34501.5.
The rules and regulations shall exempt local law enforcement agencies, within a single county, engaged in the transportation of inmates or prisoners when those agencies maintain other motor vehicle operations records which furnish hours of service information on drivers which are in substantial compliance with the rules and regulations. This exemption does not apply to any local law enforcement agency engaged in the transportation of inmates or prisoners outside the county in which the agency is located, if that agency would otherwise be required, by existing law, to maintain driving logs.
(2) The department may adopt rules and regulations relating to commercial vehicle safety inspection and out-of-service criteria. In adopting the rules and regulations, the commissioner may consider the commercial vehicle safety inspection and out-of-service criteria adopted by organizations such as the Commercial Vehicle Safety Alliance, other intergovernmental safety group, or the United States Department of Transportation. The commissioner may provide departmental representatives to that alliance or other organization for the purpose of promoting the continued improvement and refinement of compatible nationwide commercial vehicle safety inspection and out-of-service criteria.
(3) The commissioner shall appoint a committee of 15 members, consisting of representatives of industry subject to the regulations to be adopted pursuant to this section, to act in an advisory capacity to the department, and the department shall cooperate and confer with the advisory committee so appointed. The commissioner shall appoint a separate committee to advise the department on rules and regulations concerning wheelchair lifts for installation and use on buses, consisting of persons who use the wheelchair lifts, representatives of transit districts, representatives of designers or manufacturers of wheelchairs and wheelchair lifts, and representatives of the Department of Transportation.
(4) The department may inspect any vehicles in maintenance facilities or terminals, as well as any records relating to the dispatch of vehicles or drivers, and the pay of drivers, to ensure compliance with this code and regulations adopted pursuant to this section.
(b) The department, using the definitions adopted pursuant to Section 2402.7, shall adopt regulations for the transportation of hazardous materials in this state, except the transportation of materials which are subject to other provisions of this code, that the department determines are reasonably necessary to ensure the safety of persons and property using the highways. The regulations may include provisions governing the filling, marking, packing, labeling, and assembly of, and containers that may be used for, hazardous materials shipments, and the manner by which the shipper attests that the shipments are correctly identified and in proper condition for transport.
(c) (1) At least once every 13 months, the department shall inspect every maintenance facility or terminal of any person who at any time operates any bus. If the bus operation includes more than 100 buses, the inspection shall be without prior notice.
(2) This subdivision does not preclude the department from conducting inspections of tour bus operations with fewer than 100 buses without prior notice. To the extent possible, the department shall conduct inspections without prior notice of any tour bus operation, including tour bus operations that have a history of noncompliance with safety laws or regulations, that have received unsatisfactory ratings, or that have had buses ordered out of service for safety violations.
(3) If a tour bus operator receives an unsatisfactory rating, the department shall conduct a followup inspection between 30 and 90 days after the initial inspection during which the unsatisfactory rating was received.
(d) The commissioner shall adopt and enforce regulations which will make the public or private users of any bus aware of the operator’s last safety rating.
(e) It is unlawful and constitutes a misdemeanor for any person to operate any bus without the inspections specified in subdivision (c) having been conducted.
(f) The department may adopt regulations restricting or prohibiting the movement of any vehicle from a maintenance facility or terminal if the vehicle is found in violation of this code or regulations adopted pursuant to this section.
SEC. 3.
Section 34505.1 of the Vehicle Code is amended to read:
34505.1.
(a) Upon determining that a tour bus carrier or modified limousine carrier has either (1) failed to maintain any vehicle used in transportation for compensation in a safe operating condition or to comply with the Vehicle Code or with regulations contained in Title 13 of the California Code of Regulations relative to motor carrier safety, and, in the department’s opinion, that failure presents an imminent danger to public safety or constitutes such a consistent failure as to justify a recommendation to the Public Utilities Commission or the United States Department of Transportation or (2) failed to enroll all drivers in the pull notice system as required by Section 1808.1, the department shall recommend to the Public Utilities Commission that the carrier’s operating authority be suspended, denied, or revoked, or to the United States Department of Transportation that appropriate administrative action be taken against the carrier’s interstate operating authority, whichever is appropriate. For purposes of this subdivision, two consecutive unsatisfactory compliance ratings for an inspected terminal assigned because the tour bus carrier or modified limousine carrier failed to comply with the periodic report requirements of Section 1808.1 or the cancellation of the carrier’s enrollment by the Department of Motor Vehicles for nonpayment of required fees may be determined by the department to be a consistent failure. However, when recommending denial of an application for new or renewal authority, the department need not conclude that the carrier’s failure presents an imminent danger to public safety or that it constitutes a consistent failure. The department need only conclude that the carrier’s compliance with the safety-related matters described in paragraph (1) of subdivision (a) is sufficiently unsatisfactory to justify a recommendation for denial. The department shall retain a record, by carrier, of every recommendation made pursuant to this section.
(b) Before transmitting a recommendation pursuant to subdivision (a), the department shall notify the carrier in writing of all of the following:
(1) That the department has determined that the carrier’s safety record is unsatisfactory, furnishing a copy of any documentation or summary of any other evidence supporting the determination.
(2) That the determination may result in a suspension, revocation, or denial of the carrier’s operating authority by the Public Utilities Commission or the United States Department of Transportation, as appropriate.
(3) That the carrier may request a review of the determination by the department within five days of its receipt of the notice required under this subdivision. If a review is requested by the carrier, the department shall conduct and evaluate that review prior to transmitting any notification pursuant to subdivision (a).
(c) Notwithstanding subdivision (a) or (b), upon determining during a terminal inspection or at any other time that the condition of a tour bus is such that it has multiple safety violations of a nature that operation of the tour bus could constitute an imminent danger to public safety, the department shall immediately order the tour bus out of service. The tour bus shall not be subsequently operated with passengers until all of the safety violations have been corrected and the department has verified the correction of the safety violations upon a subsequent inspection by the department of the tour bus, which shall occur within five business days of the submission of a reinspection request from the tour bus carrier to the department.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.