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

SECTION 1.
Section 41326 of the Education Code is amended to read:
41326.
(a) Notwithstanding any other provision of this code, the acceptance by a school district of an apportionment made pursuant to Section 41320 that exceeds an amount equal to 200 percent of the amount of the reserve recommended for that school district under the standards and criteria adopted pursuant to Section 33127 constitutes the agreement by the school district to the conditions set forth in this article. Before applying for an emergency apportionment in the amount identified in this subdivision, the governing board of a school district shall discuss the need for that apportionment at a regular or special meeting of the governing board of the school district and, at that meeting, shall receive testimony regarding the apportionment from parents, exclusive representatives of employees of the school district, and other members of the community. For purposes of this article, “qualifying school district” means a school district that accepts a loan as described in this subdivision.
(b) The Superintendent shall assume all the legal rights, duties, and powers of the governing board of a qualifying school district. The Superintendent, in consultation with the county superintendent of schools, shall appoint an administrator to act on his or her behalf in exercising the authority described in this subdivision in accordance with all of the following:
(1) The administrator shall serve under the direction and supervision of the Superintendent until terminated by the Superintendent at his or her discretion. The Superintendent shall consult with the county superintendent of schools before terminating the administrator.
(2) The administrator shall have recognized expertise in management and finance.
(3) To facilitate the appointment of the administrator and the employment of necessary staff, for purposes of this section, the Superintendent is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.
(4) Notwithstanding any other law, the Superintendent may appoint an employee of the state or the office of the county superintendent of schools to act as administrator for up to the duration of the administratorship. During the tenure of his or her appointment, the administrator, if he or she is an employee of the state or the office of the county superintendent of schools, is an employee of the qualifying school district, but shall remain in the same retirement system under the same plan that has been provided by his or her employment with the state or the office of the county superintendent of schools. Upon the expiration or termination of the appointment, the employee shall have the right to return to his or her former position, or to a position at substantially the same level as that position, with the state or the office of the county superintendent of schools. The time served in the appointment shall be counted for all purposes as if the administrator had served that time in his or her former position with the state or the office of the county superintendent of schools.
(5) Except for an individual appointed as an administrator by the Superintendent pursuant to paragraph (4), the administrator shall be a member of the State Teachers’ Retirement System, if qualified, for the period of service as administrator, unless he or she elects in writing not to become a member. A person who is a member or retirant of the State Teachers’ Retirement System at the time of appointment shall continue to be a member or retirant of the system for the duration of the appointment. If the administrator chooses to become a member or is already a member, the administrator shall be placed on the payroll of the qualifying school district for purposes of providing appropriate contributions to the system. The Superintendent may also require the administrator to be placed on the payroll of the qualifying school district for purposes of remuneration, other benefits, and payroll deductions.
(6) For purposes of workers’ compensation benefits, the administrator is an employee of the qualifying school district, except that an administrator appointed pursuant to paragraph (4) may be deemed an employee of the state or office of the county superintendent of schools, as applicable.
(7) The qualifying school district shall add the administrator as a covered employee of the qualifying school district for all purposes of errors and omissions liability insurance policies.
(8) The salary and benefits of the administrator shall be established by the Superintendent and paid by the qualifying school district.
(9) The Superintendent or the administrator may employ, on a short-term basis and at the expense of the qualifying school district, any staff necessary to assist the administrator, including, but not limited to, a certified public accountant.
(10) The administrator may do all of the following:
(A) Implement substantial changes in the fiscal policies and practices of the qualifying school district, including, if necessary, the filing of a petition under Chapter 9 (commencing with Section 901) of Title 11 of the United States Code for the adjustment of indebtedness.
(B) Revise the educational program of the qualifying school district to reflect realistic income projections and pupil performance relative to state standards.
(C) Encourage all members of the school community to accept a fair share of the burden of the fiscal recovery of the qualifying school district.
(D) Consult, for the purposes described in this subdivision, with the governing board of the qualifying school district, the exclusive representatives of the employees of the qualifying school district, parents, and the community.
(E) Consult with, and seek recommendations from, the Superintendent, the county superintendent of schools, and the County Office Fiscal Crisis and Management Assistance Team authorized pursuant to subdivision (c) of Section 42127.8 for purposes described in this article.
(F) With the approval of the Superintendent, enter into agreements on behalf of the qualifying school district and, subject to any contractual obligation of the qualifying school district, change existing school district rules, regulations, policies, or practices as necessary for the effective implementation of the recovery plans referred to in Sections 41327 and 41327.1.
(G) Request the advice and assistance of the California Collaborative for Educational Excellence pursuant to paragraph (1) of subdivision (f) of Section 52074.
(c) (1) Except as provided for in paragraph (2), the period of time during which the Superintendent exercises the authority described in subdivision (b), the governing board of the qualifying school district shall serve as an advisory body reporting to the state-appointed administrator, and has no rights, duties, or powers, and is not entitled to any stipend, benefits, or other compensation from the qualifying school district.
(2) (A) After one complete fiscal year has elapsed following the qualifying school district’s acceptance of an emergency apportionment, the governing board of the qualifying school district may conduct an annual advisory evaluation of an administrator for the duration of the administratorship.
(B) An advisory evaluation of an administrator shall focus on the administrator’s effectiveness in leading the qualifying school district toward fiscal recovery and improved academic achievement. Advisory evaluation criteria shall be agreed upon by the governing board of the qualifying school district and the administrator before the advisory evaluation. The advisory evaluation shall include, but not be limited to, all of the following:
(i) Goals and standards consistent with Section 41327.1.
(ii) Commendations in the areas of the administrator’s strengths and achievements.
(iii) Recommendations for improving the administrator’s effectiveness in areas of concern and unsatisfactory performance.
(C) An advisory evaluation of an administrator conducted by the governing board of a qualifying school district shall be submitted to the Governor, the Legislature, the Superintendent, and the County Office Fiscal Crisis and Management Assistance Team.
(3) Upon the appointment of an administrator pursuant to this section, the district superintendent is no longer an employee of the qualifying school district.
(4) A determination of the severance compensation for the district superintendent shall be made pursuant to subdivision (j).
(d) Notwithstanding Section 35031 or any other law, the administrator, after according the affected employee reasonable notice and the opportunity for a hearing, may terminate the employment of a deputy, associate, assistant superintendent, or other school district level administrator who is employed by a qualifying school district under a contract of employment signed or renewed after January 1, 1992, if the employee fails to document, to the satisfaction of the administrator, that before the date of the acceptance of the emergency apportionment he or she either advised the governing board of the qualifying school district, or his or her superior, that actions contemplated or taken by the governing board of the qualifying school district could result in the fiscal insolvency of the qualifying school district, or took other appropriate action to avert that fiscal insolvency.
(e) The authority of the Superintendent, and the administrator, under this section shall continue until all of the following occur:
(1) (A) After one complete fiscal year has elapsed following the qualifying school district’s acceptance of an emergency apportionment as described in subdivision (a), the administrator determines, and so notifies the Superintendent and the county superintendent of schools, that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable.
(B) The Superintendent may return power to the governing board of the qualifying school district for an area listed in subdivision (a) of Section 41327.1 if performance under the recovery plan for that area has been demonstrated to the satisfaction of the Superintendent.
(2) The Superintendent has approved all of the recovery plans referred to in subdivision (a) of Section 41327 and the County Office Fiscal Crisis and Management Assistance Team completes the improvement plans specified in Section 41327.1 and has completed a minimum of two reports identifying the qualifying school district’s progress in implementing the improvement plans.
(3) The administrator certifies that all necessary collective bargaining agreements have been negotiated and ratified, and that the agreements are consistent with the terms of the recovery plans.
(4) The qualifying school district has completed all reports required by the Superintendent and the administrator.
(5) The Superintendent determines that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable.
(f) When the conditions stated in subdivision (e) have been met, and at least 60 days after the Superintendent has notified the Legislature, the Department of Finance, the Controller, and the county superintendent of schools that he or she expects the conditions prescribed pursuant to this section to be met, the governing board of the qualifying school district shall regain all of its legal rights, duties, and powers, except for the powers held by the trustee provided for pursuant to Article 2 (commencing with Section 41320). The Superintendent shall appoint a trustee under Section 41320.1 to monitor and review the operations of the qualifying school district until the conditions of subdivision (b) of that section have been met.
(g) Notwithstanding subdivision (f), if the qualifying school district violates a provision of the recovery plans approved by the Superintendent pursuant to this article within five years after the trustee appointed pursuant to Section 41320.1 is removed or after the emergency apportionment is repaid, whichever occurs later, or the improvement plans specified in Section 41327.1 during the period of the trustee’s appointment, the Superintendent may reassume, either directly or through an administrator appointed in accordance with this section, all of the legal rights, duties, and powers of the governing board of the qualifying school district. The Superintendent shall return to the governing board of the qualifying school district all of its legal rights, duties, and powers reassumed under this subdivision when he or she determines that future compliance with the approved recovery plans is probable, or after a period of one year, whichever occurs later.
(h) Article 2 (commencing with Section 41320) shall apply except as otherwise specified in this article.
(i) It is the intent of the Legislature that the legislative budget subcommittees annually conduct a review of each qualifying school district that includes an evaluation of the financial condition of the qualifying school district, the impact of the recovery plans upon the qualifying school district’s educational program, and the efforts made by the state-appointed administrator to obtain input from the community and the governing board of the qualifying school district.
(j) (1) The district superintendent is entitled to a due process hearing for purposes of determining final compensation. The final compensation of the district superintendent shall be between zero and six times his or her monthly salary. The outcome of the due process hearing shall be reported to the Superintendent and the public. The information provided to the public shall explain the rationale for the compensation.
(2) This subdivision applies only to a contract for employment negotiated on or after June 21, 2004.
(k) (1) When the Superintendent assumes control over a qualifying school district pursuant to subdivision (b), he or she shall, in consultation with the County Office Fiscal Crisis and Management Assistance Team, review the fiscal oversight of the qualifying school district by the county superintendent of schools. The Superintendent may consult with other fiscal experts, including other county superintendents of schools and regional fiscal teams, in conducting this review.
(2) Within three months of assuming control over a qualifying school district, the Superintendent shall report his or her findings to the Legislature and shall provide a copy of that report to the Department of Finance. This report shall include findings as to fiscal oversight actions that were or were not taken and may include recommendations as to an appropriate legislative response to improve fiscal oversight.
(3) If, after performing the duties described in paragraphs (1) and (2), the Superintendent determines that the county superintendent of schools failed to carry out his or her responsibilities for fiscal oversight as required by this code, the Superintendent may exercise the authority of the county superintendent of schools who has oversight responsibilities for a qualifying school district. If the Superintendent finds, based on the report required in paragraph (2), that the county superintendent of schools failed to appropriately take into account particular types of indicators of financial distress, or failed to take appropriate remedial actions in the qualifying school district, the Superintendent shall further investigate whether the county superintendent of schools failed to take into account those indicators, or similarly failed to take appropriate actions in other school districts with negative or qualified certifications, and shall provide an additional report on the fiscal oversight practices of the county superintendent of schools to the appropriate policy and fiscal committees of each house of the Legislature and the Department of Finance.


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

SECTION 1.
Section 1363 of the Health and Safety Code is amended to read:
1363.
(a) The director shall require the use by each plan of disclosure forms or materials containing information regarding the benefits, services, and terms of the plan contract as the director may require, so as to afford the public, subscribers, and enrollees with a full and fair disclosure of the provisions of the plan in readily understood language and in a clearly organized manner. The director may require that the materials be presented in a reasonably uniform manner so as to facilitate comparisons between plan contracts of the same or other types of plans. Nothing contained in this chapter shall preclude the director from permitting the disclosure form to be included with the evidence of coverage or plan contract.
The disclosure form shall provide for at least the following information, in concise and specific terms, relative to the plan, together with additional information as may be required by the director, in connection with the plan or plan contract:
(1) The principal benefits and coverage of the plan, including coverage for acute care and subacute care.
(2) The exceptions, reductions, and limitations that apply to the plan.
(3) The full premium cost of the plan.
(4) Any copayment, coinsurance, or deductible requirements that may be incurred by the member or the member’s family in obtaining coverage under the plan.
(5) The terms under which the plan may be renewed by the plan member, including any reservation by the plan of any right to change premiums.
(6) A statement that the disclosure form is a summary only, and that the plan contract itself should be consulted to determine governing contractual provisions. The first page of the disclosure form shall contain a notice that conforms with all of the following conditions:
(A) (i) States that the evidence of coverage discloses the terms and conditions of coverage.
(ii) States, with respect to individual plan contracts, small group plan contracts, and any other group plan contracts for which health care services are not negotiated, that the applicant has a right to view the evidence of coverage prior to enrollment, and, if the evidence of coverage is not combined with the disclosure form, the notice shall specify where the evidence of coverage can be obtained prior to enrollment.
(B) Includes a statement that the disclosure and the evidence of coverage should be read completely and carefully and that individuals with special health care needs should read carefully those sections that apply to them.
(C) Includes the plan’s telephone number or numbers that may be used by an applicant to receive additional information about the benefits of the plan or a statement where the telephone number or numbers are located in the disclosure form.
(D) For individual contracts, and small group plan contracts as defined in Article 3.1 (commencing with Section 1357), the disclosure form shall state where the health plan benefits and coverage matrix is located.
(E) Is printed in type no smaller than that used for the remainder of the disclosure form and is displayed prominently on the page.
(7) A statement as to when benefits shall cease in the event of nonpayment of the prepaid or periodic charge and the effect of nonpayment upon an enrollee who is hospitalized or undergoing treatment for an ongoing condition.
(8) To the extent that the plan permits a free choice of provider to its subscribers and enrollees, the statement shall disclose the nature and extent of choice permitted and the financial liability that is, or may be, incurred by the subscriber, enrollee, or a third party by reason of the exercise of that choice.
(9) A summary of the provisions required by subdivision (g) of Section 1373, if applicable.
(10) If the plan utilizes arbitration to settle disputes, a statement of that fact.
(11) A summary of, and a notice of the availability of, the process the plan uses to authorize, modify, or deny health care services under the benefits provided by the plan, pursuant to Sections 1363.5 and 1367.01.
(12) A description of any limitations on the patient’s choice of primary care physician, specialty care physician, or nonphysician health care practitioner, based on service area and limitations on the patient’s choice of acute care hospital care, subacute or transitional inpatient care, or skilled nursing facility.
(13) General authorization requirements for referral by a primary care physician to a specialty care physician or a nonphysician health care practitioner.
(14) Conditions and procedures for disenrollment.
(15) A description as to how an enrollee may request continuity of care as required by Section 1373.96 and request a second opinion pursuant to Section 1383.15.
(16) Information concerning the right of an enrollee to request an independent review in accordance with Article 5.55 (commencing with Section 1374.30).
(17) A notice as required by Section 1364.5.
(b) (1) As of July 1, 1999, the director shall require each plan offering a contract to an individual or small group to provide with the disclosure form for individual and small group plan contracts a uniform health plan benefits and coverage matrix containing the plan’s major provisions in order to facilitate comparisons between plan contracts. The uniform matrix shall include the following category descriptions together with the corresponding copayments and limitations in the following sequence:
(A) Deductibles.
(B) Lifetime maximums.
(C) Professional services.
(D) Outpatient services.
(E) Hospitalization services.
(F) Emergency health coverage.
(G) Ambulance services.
(H) Prescription drug coverage.
(I) Durable medical equipment.
(J) Mental health services.
(K) Chemical dependency services.
(L) Home health services.
(M) Other.
(2) The following statement shall be placed at the top of the matrix in all capital letters in at least 10-point boldface type:

THIS MATRIX IS INTENDED TO BE USED TO HELP YOU COMPARE COVERAGE BENEFITS AND IS A SUMMARY ONLY. THE EVIDENCE OF COVERAGE AND PLAN CONTRACT SHOULD BE CONSULTED FOR A DETAILED DESCRIPTION OF COVERAGE BENEFITS AND LIMITATIONS.

(3) (A) A health care service plan contract subject to Section 2715 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-15), shall satisfy the requirements of this subdivision by providing the uniform summary of benefits and coverage required under Section 2715 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-15) and any rules or regulations issued thereunder. A health care service plan that issues the uniform summary of benefits referenced in this paragraph shall do both of the following:
(i) Ensure that all applicable benefit disclosure requirements specified in this chapter and in Title 28 of the California Code of Regulations are met in other health plan documents provided to enrollees under the provisions of this chapter.
(ii) Consistent with applicable law, advise applicants and enrollees, in a prominent place in the plan documents referenced in subdivision (a), that enrollees are not financially responsible in payment of emergency care services, in any amount that the health care service plan is obligated to pay, beyond the enrollee’s copayments, coinsurance, and deductibles as provided in the enrollee’s health care service plan contract.
(B) Commencing October 1, 2016, the uniform summary of benefits and coverage referenced in this paragraph shall constitute a vital document for the purposes of Section 1367.04. Not later than July 1, 2016, the department shall develop written translations of the template uniform summary of benefits and coverage for all language groups identified by the State Department of Health Care Services in all plan letters as of August 27, 2014, for translation services pursuant to Section 14029.91 of the Welfare and Institutions Code, except for any language group for which the United States Department of Labor has already prepared a written translation. Not later than July 1, 2016, the department shall make available on its Internet Web site written translations of the template uniform summary of benefits and coverage developed by the department, and written translations prepared by the United States Department of Labor, if available, for any language group to which this subparagraph applies.
(C) Subdivision (c) shall not apply to a health care service plan contract subject to subparagraph (A).
(c) Nothing in this section shall prevent a plan from using appropriate footnotes or disclaimers to reasonably and fairly describe coverage arrangements in order to clarify any part of the matrix that may be unclear.
(d) All plans, solicitors, and representatives of a plan shall, when presenting any plan contract for examination or sale to an individual prospective plan member, provide the individual with a properly completed disclosure form, as prescribed by the director pursuant to this section for each plan so examined or sold.
(e) In the case of group contracts, the completed disclosure form and evidence of coverage shall be presented to the contractholder upon delivery of the completed health care service plan agreement.
(f) Group contractholders shall disseminate copies of the completed disclosure form to all persons eligible to be a subscriber under the group contract at the time those persons are offered the plan. If the individual group members are offered a choice of plans, separate disclosure forms shall be supplied for each plan available. Each group contractholder shall also disseminate or cause to be disseminated copies of the evidence of coverage to all applicants, upon request, prior to enrollment and to all subscribers enrolled under the group contract.
(g) In the case of conflicts between the group contract and the evidence of coverage, the provisions of the evidence of coverage shall be binding upon the plan notwithstanding any provisions in the group contract that may be less favorable to subscribers or enrollees.
(h) In addition to the other disclosures required by this section, every health care service plan and any agent or employee of the plan shall, when presenting a plan for examination or sale to any individual purchaser or the representative of a group consisting of 25 or fewer individuals, disclose in writing the ratio of premium costs to health services paid for plan contracts with individuals and with groups of the same or similar size for the plan’s preceding fiscal year. A plan may report that information by geographic area, provided the plan identifies the geographic area and reports information applicable to that geographic area.
(i) Subdivision (b) shall not apply to any coverage provided by a plan for the Medi-Cal program or the Medicare Program pursuant to Title XVIII and Title XIX of the federal Social Security Act.
SEC. 2.
Section 10603 of the Insurance Code, as amended by Section 8 of Chapter 1 of the First Extraordinary Session of the Statutes of 2013, is amended to read:
10603.
(a) (1) On or before April 1, 1975, the commissioner shall promulgate a standard supplemental disclosure form for all disability insurance policies. Upon the appropriate disclosure form as prescribed by the commissioner, each insurer shall provide, in easily understood language and in a uniform, clearly organized manner, as prescribed and required by the commissioner, the summary information about each disability insurance policy offered by the insurer as the commissioner finds is necessary to provide for full and fair disclosure of the provisions of the policy.
(2) On and after January 1, 2014, a disability insurer offering health insurance coverage subject to Section 2715 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-15) shall satisfy the requirements of this section and the implementing regulations by providing the uniform summary of benefits and coverage required under Section 2715 of the federal Public Health Service Act and any rules or regulations issued thereunder. An insurer that issues the federal uniform summary of benefits referenced in this paragraph shall ensure that all applicable disclosures required in this chapter and its implementing regulations are met in other documents provided to policyholders and insureds. An insurer subject to this paragraph shall provide the uniform summary of benefits and coverage to the commissioner together with the corresponding health insurance policy pursuant to Section 10290.
(3) Commencing October 1, 2016, the uniform summary of benefits and coverage referenced in this subdivision shall constitute a vital document for the purposes of Section 10133.8. Not later than July 1, 2016, the commissioner shall develop written translations of the template uniform summary of benefits and coverage for all language groups identified by the State Department of Health Care Services in all plan letters as of August 27, 2014, for translation services pursuant to Section 14029.91 of the Welfare and Institutions Code, except for any language group for which the United States Department of Labor has already prepared a written translation. Not later than July 1, 2016, the commissioner shall make available on its Internet Web site written translations of the template uniform summary of benefits and coverage developed by the commissioner, and written translations prepared by the United States Department of Labor, if available, for any language group to which this subparagraph applies.
(b) Nothing in this section shall preclude the disclosure form from being included with the evidence of coverage or certificate of coverage or policy.
SEC. 3.
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 6377.5 is added to the Revenue and Taxation Code, to read:
6377.5.
(a) On and after January 1, 2017,
and before January 1, 2030,
there are exempted from the taxes imposed by this part
the
both of the following:
(1) The
gross receipts from the sale
of, and the
of hydrogen refueling station equipment to a qualified grant recipient.
(2) The
storage, use, or other consumption in this state
of,
of
hydrogen refueling station equipment
to or
by a qualified grant
recipient before January 1, 2030.
recipient.
(b) As used in this section, the following definitions shall apply:
(1) “Qualified grant recipient” means a person who has received a grant pursuant to Section 44272 of the Health and Safety Code for the development of hydrogen refueling stations within this state.
(2) “Hydrogen refueling station” means any motor vehicle fueling station which provides hydrogen fuel, either exclusively or concurrently with other motor vehicle fuels, for use by fuel cell electric vehicles.
(3) “Hydrogen refueling station equipment” means any of the following:
(A) Equipment, including, but not limited to, machinery, devices, contrivances, and component, repair, or replacement parts, whether purchased separately or in conjunction with a complete machine and regardless of whether the equipment or component parts are assembled by the grant recipient or another party, to be located at a hydrogen refueling station within this state and used exclusively for the distribution, dispensing, storage, or production of hydrogen fuel for fuel cell electric vehicles, including, but not limited to, pressurized storage, compression, pre-cooling, and pumping of hydrogen fuel.
(B) Personal property that is software or software services, regardless of location, and computer, computer-type, or data processing hardware or hardware services, regardless of location, that is used exclusively for the distribution, dispensing, storage, or production of hydrogen fuel at a hydrogen refueling station for fuel cell electric vehicles.
(C) Any other personal property required to operate, control, regulate, or maintain the hydrogen refueling station equipment set forth in subparagraph (A) or (B).
(4) “Fuel cell” means a device that directly or indirectly creates electricity through an electrochemical process using hydrogen, or hydrogen-rich, fuel and oxygen or another oxidizing agent.
SEC. 2.
Section 17053.55 is added to the Revenue and Taxation Code, to read:
17053.55.
(a) For the taxable years beginning on or after January 1, 2016, and before January 1, 2017, there shall be allowed to a qualified grant recipient a credit against the “net tax,” as defined in Section 17039, for the taxable year, in an amount equal to the sum of sales tax reimbursements and use taxes previously paid during the period from January 1, 2014, to January 1, 2017, by the qualified grant recipient for hydrogen refueling station equipment.
(b) For the purposes of this section, the terms “qualified grant recipient” and “hydrogen refueling station equipment” have the same meanings as specified in Section 6377.5.
(c) In the case of a pass-thru entity, a credit under this section shall be allowed to the pass-thru entity and passed through to the partners or shareholders in accordance with the applicable provisions of this part. As used in this subdivision, “pass-thru entity” means any partnership or “S” corporation.
(d) If a credit otherwise allowed by this section exceeds the “net tax” for the taxable year, that portion of the credit that exceeds the “net tax” may be carried over and added to the credit in the succeeding taxable years, if necessary, until the credit is exhausted.
(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section.
(f) Section 41 does not apply to the credit allowed by this section.
(g) This section shall remain in effect only until December 1, 2017, and as of that date is repealed.
SEC. 3.
Section 23655 is added to the Revenue and Taxation Code, to read:
23655.
(a) For the taxable years beginning on or after January 1, 2016, and before January 1, 2017, there shall be allowed to a qualified grant recipient a credit against the “tax,” as defined in Section 23036, for the taxable year in an amount equal to the sum of sales tax reimbursements and use taxes previously paid during the period from January 1, 2014, to January 1, 2017, by the qualified grant recipient for hydrogen refueling station equipment.
(b) For the purposes of this section, the terms “qualified grant recipient” and “hydrogen refueling station equipment” have the same meanings as specified in Section 6377.5.
(c) In the case of a pass-thru entity, a credit under this section shall be allowed to the pass-thru entity and passed through to the partners or shareholders in accordance with the applicable provisions of this part. As used in this subdivision, “pass-thru entity” means any partnership.
(d) If a credit otherwise allowed by this section exceeds the “tax” for the taxable year, that portion of the credit that exceeds the “tax” may be carried over and added to the credit in the succeeding taxable years, if necessary, until the credit is exhausted.
(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section.
(f) Section 41 does not apply to the credit allowed by this section.
(g) This section shall remain in effect only until December 1, 2017, and as of that date is repealed.
SEC. 4.
Notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any sales and use tax revenues lost by it under this act.
SEC. 5.
This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.


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

SECTION 1.
Chapter 2.55 (commencing with Section 1000.7) is added to Title 6 of Part 2 of the Penal Code, to read:
CHAPTER  2.55. Deferred Entry of Judgment Pilot Program
1000.7.
(a) The following counties may establish a pilot program pursuant to this section to operate a deferred entry of judgment pilot program for eligible defendants described in subdivision (b):
(1) County of Alameda.
(2) County of Butte.
(3) County of Napa.
(4) County of Nevada.
(5) County of Santa Clara.
(b) A defendant may participate in a deferred entry of judgment pilot program within the county’s juvenile hall if that person is charged with committing a felony offense, other than the offenses listed under subdivision (d), he or she pleads guilty to the charge or charges, and the probation department determines that the person meets all of the following requirements:
(1) Is 18 years of age or older, but under 21 years of age on the date the offense was committed.
(2) Is suitable for the program after evaluation using a risk assessment tool, as described in subdivision (c).
(3) Shows the ability to benefit from services generally reserved for delinquents, including, but not limited to, cognitive behavioral therapy, other mental health services, and age-appropriate educational, vocational, and supervision services, that are currently deployed under the jurisdiction of the juvenile court.
(4) Meets the rules of the juvenile hall developed in accordance with the applicable regulations set forth in Title 15 of the California Code of Regulations.
(5) Does not have a prior or current conviction for committing an offense listed under subdivision (c) of Section 1192.7 or subdivision (c) of Section 667.5, or subdivision (b) of Section 707 of the Welfare and Institutions Code.
(6) Is not required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
(c) The probation department, in consultation with the superior court, district attorney, and sheriff of the county or the governmental body charged with operating the county jail, shall develop an evaluation process using a risk assessment tool to determine eligibility for the program.
(d) If the defendant is required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1, or if he or she has been convicted of one or more of the following offenses, he or she is not eligible for the program:
(1) An offense listed under subdivision (c) of Section 1192.7.
(2) An offense listed under subdivision (c) of Section 667.5.
(3) An offense listed under subdivision (b) of Section 707 of the Welfare and Institutions Code.
(e) The court shall grant deferred entry of judgment if an eligible defendant consents to participate in the program, waives his or her right to a speedy trial or a speedy preliminary hearing, pleads guilty to the charge or charges, and waives time for the pronouncement of judgment.
(f) (1) If the probation department determines that the defendant is not eligible for the deferred entry of judgment pilot program or the defendant does not consent to participate in the program, the proceedings shall continue as in any other case.
(2) If it appears to the probation department that the defendant is performing unsatisfactorily in the program as a result of the commission of a new crime or the violation of any of the rules of the juvenile hall or that the defendant is not benefiting from the services in the program, the probation department may make a motion for entry of judgment. After notice to the defendant, the court shall hold a hearing to determine whether judgment should be entered. If the court finds that the defendant is performing unsatisfactorily in the program or that the defendant is not benefiting from the services in the program, the court shall render a finding of guilt to the charge or charges pleaded, enter judgment, and schedule a sentencing hearing as otherwise provided in this code, and the probation department, in consultation with the county sheriff, shall remove the defendant from the program and return him or her to custody in county jail. The mechanism of when and how the defendant is moved from custody in juvenile hall to custody in a county jail shall be determined by the local multidisciplinary team specified in paragraph (2) of subdivision (m).
(3) If the defendant has performed satisfactorily during the period in which deferred entry of judgment was granted, at the end of that period, the court shall dismiss the criminal charge or charges.
(g) A defendant shall serve no longer than one year in custody within a county’s juvenile hall pursuant to the program.
(h) The probation department shall develop a plan for reentry services, including, but not limited to, housing, employment, and education services, as a component of the program.
(i) The probation department shall submit data relating to the effectiveness of the program to the Division of Recidivism Reduction and Re-Entry, within the Department of Justice, including recidivism rates for program participants as compared to recidivism rates for similar populations in the adult system within the county.
(j) A defendant participating in the program pursuant to this section shall not come into contact with minors within the juvenile hall for any purpose, including, but not limited to, housing, recreation, or education.
(k) Prior to establishing a pilot program pursuant to this section, the county shall apply to the Board of State and Community Corrections for approval of a county institution as a suitable place for confinement for the purpose of the pilot program. The board shall review and approve or deny the application of the county within 30 days of receiving notice of this proposed use. In its review, the board shall take into account the available programming, capacity, and safety of the institution as a place for the confinement and rehabilitation of individuals within the jurisdiction of the criminal court, and those within the jurisdiction of the juvenile court.
(l) The Board of State and Community Corrections shall review a county’s pilot program to ensure compliance with requirements of the federal Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. Sec. 5601 et seq.), as amended, relating to “sight and sound” separation between juveniles and adult inmates.
(m) (1) This section applies to a defendant who would otherwise serve time in custody in a county jail. Participation in a program pursuant to this section shall not be authorized as an alternative to a sentence involving community supervision.
(2) Each county shall establish a multidisciplinary team that shall meet periodically to review and discuss the implementation, practices, and impact of the program. The team shall include representatives from the following:
(A) Probation department.
(B) The district attorney’s office.
(C) The public defender’s office.
(D) The sheriff’s department.
(E) Courts located in the county.
(F) The county board of supervisors.
(G) The county health and human services department.
(H) A youth advocacy group.
(n) (1) A county that establishes a pilot program pursuant to this section shall submit data regarding the pilot program to the Board of State and Community Corrections. The data submitted shall be used for the purposes of paragraph (2).
(2) The board shall conduct an evaluation of the pilot program’s impact and effectiveness. The evaluation shall include, but not be limited to, evaluating each pilot program’s impact on sentencing and impact on opportunities for community supervision, monitoring the program’s effect on minors in the juvenile facility, if any, and its effectiveness with respect to program participants, including outcome-related data for program participants compared to young adult offenders sentenced for comparable crimes.
(3) Each evaluation shall be combined into a comprehensive report and submitted to the Assembly and Senate Committees on Public Safety.
(4) The board may contract with an independent entity, including, but not limited to, the Regents of the University of California, for the purposes of carrying out the duties of the board pursuant to this subdivision.
(o) This chapter shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
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 in the Counties of Alameda, Butte, Napa, Nevada, and Santa Clara. Recent research on the adolescent brain development has found that brain development continues well after an individual reaches 18 years of age. This bill would therefore allow for the criminal justice system to apply the most recent brain development research to its practices in these counties by allowing certain transitional age youth access to age-appropriate rehabilitative services available in the juvenile justice system when an assessment determines that the individual would benefit from the services, with the aim of reducing the likelihood of the youth continuing in the criminal justice system.


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

SECTION 1.
Section 130246 is added to the Public Utilities Code, to read:
130246.
The Riverside County Transportation Commission may enter into contracts with private vendors for the performance of the following services:
(a) Enforcement of parking regulations adopted by the commission. Parking enforcement shall be performed in the manner provided in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(b) Removal of vehicles parked in violation of a parking regulation adopted by the commission. Removal of vehicles shall be performed in the manner provided in Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code.
SEC. 2.
Section 21113 of the Vehicle Code is amended to read:
21113.
(a) (1) Except as provided in paragraph (2), a person shall not drive a vehicle or animal, or stop, park, or leave standing a vehicle or animal, whether attended or unattended, upon the driveways, paths, parking facilities, or the grounds of any of the following:
(A) A public school, state university, state college, or an educational institution exempted, in whole or in part, from taxation.
(B) A unit of the state park system.
(C) A county park.
(D) A municipal airport.
(E) A rapid transit district, transit development board, transit district, public transportation agency, county transportation commission created pursuant to Section 130050 of the Public Utilities Code, or a joint powers agency operating or managing a commuter rail system.
(F) Any property under the direct control of the legislative body of a municipality.
(G) A state, county, or hospital district institution or building.
(H) Any harbor improvement district or harbor district formed pursuant to Part 2 (commencing with Section 5800) or Part 3 (commencing with Section 6000) of Division 8 of the Harbors and Navigation Code.
(I) A district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code.
(J) State grounds served by the Department of the California Highway Patrol.
(K) Any property under the possession or control of a housing authority formed pursuant to Article 2 (commencing with Section 34240) of Chapter 1 of Part 2 of Division 24 of the Health and Safety Code.
(2) The activities described in paragraph (1) may be performed with the permission of, and upon and subject to any condition or regulation that may be imposed by, the legislative body of the municipality, or the governing board or officer of the public school, state university, state college, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission, joint powers agency operating or managing a commuter rail system, or state, county, or hospital district institution or building, or educational institution, or harbor district, or a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or housing authority, or the Director of Parks and Recreation regarding units of the state park system or the state agency with jurisdiction over the grounds served by the Department of the California Highway Patrol.
(b) A governing board, legislative body, or officer shall erect or place appropriate signs giving notice of any special conditions or regulations that are imposed under this section and the governing board, legislative body, or officer shall also prepare and keep available at the principal administrative office of the governing board, legislative body, or officer, for examination by all interested persons, a written statement of all those special conditions and regulations adopted pursuant to this section.
(c) When a governing board, legislative body, or officer permits public traffic upon the driveways, paths, parking facilities, or grounds under their control then, except for those conditions imposed or regulations enacted by the governing board, legislative body, or officer applicable to the traffic, all the provisions of this code relating to traffic upon the highways shall be applicable to the traffic upon the driveways, paths, parking facilities, or grounds.
(d) A public transportation agency that imposes any condition or regulation upon a person who parks or leaves standing a vehicle, pursuant to subdivision (a), is authorized to do either of the following:
(1) Enforce that condition or regulation in the manner provided in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of this code. The public transportation agency shall be considered the issuing agency for that purpose.
(2) Designate regularly employed and salaried employees, who are engaged in directing traffic or enforcing parking laws and regulations, for the purpose of removing any vehicle in the same manner as a city, county, or jurisdiction of a state agency pursuant to Chapter 10 (commencing with Section 22650) of Division 11 of this code.
(e) With respect to the permitted use of vehicles or animals on property under the direct control of the legislative body of a municipality, no change in the use of vehicles or animals on the property, that had been permitted on January 1, 1976, shall be effective unless and until the legislative body, at a meeting open to the general public, determines that the use of vehicles or animals on the property should be prohibited or regulated.
(f) A transit development board may adopt ordinances, rules, or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on property under the control of, or any portion of property used by, the board.
(g) A public agency, including, but not limited to, the Regents of the University of California and the Trustees of the California State University, may adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on public property under the jurisdiction of that agency.
(h) “Housing authority,” for the purposes of this section, means a housing authority located within a county with a population of over 6,000,000 people, and any other housing authority that complies with the requirements of this section.
(i) “Public transportation agency,” for purposes of this section, means a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIX A of the California Constitution or a county transportation commission created pursuant to Section 130050 of the Public Utilities Code.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) It is the intent of the Legislature to increase enrollment and graduation rates among students meeting the requirements of Assembly Bill 540 of the 2001–02 Regular Session (Firebaugh, Ch. 814) by requiring the designation of Dream Resource Liaisons and encouraging the creation of Dream Resource Centers at public institutions of higher education.
(b) It is estimated that each year approximately 65,000 undocumented students graduate from high schools, and while California has been a leader in enacting innovative and bold laws to provide opportunities for undocumented youth to attain higher education, only 20 percent of these students attend college. Many undocumented youth and their families are unaware of recent policy changes, such as the enactment of Assembly Bill 540 of the 2001–02 Regular Session, the California Dream Act of 2011, and the federal Deferred Action for Childhood Arrivals (DACA), that make college graduation more attainable. Currently, the majority of college campuses do not have a centralized location that provides specialized support services and resources for students meeting the requirements of Assembly Bill 540 of the 2001–02 Regular Session.
(c) The creation of Dream Resource Centers would save staff time and resources by streamlining all available financial aid and academic opportunities for students meeting the requirements of Assembly Bill 540 of the 2001–02 Regular Session. These Dream Resource Centers would seek to empower and create a safe and welcoming environment for those students. These centers would increase enrollment, transfer, and graduation rates among this population.
(d) A number of college campuses have acknowledged the needs and challenges of these students and have created Dream Resource Centers. These include: the University of California, Los Angeles; the University of California, Davis; the California State University, Los Angeles; the California State University, Fullerton; and the California State University, Northridge. These centers provide, among other things, informational workshops, legal clinics, information on programs available to undocumented immigrants, and peer mentoring and support services to increase awareness of existing programs and available resources, enhance professional development, and increase employment opportunities.
SEC. 2.
Section 66021.8 is added to the Education Code, to read:
66021.8.
(a) Commencing with the 2017–18 academic year, the California Community Colleges and the California State University shall, and the University of California is requested to, designate a Dream Resource Liaison on each of their respective campuses, as specified in subdivision (b), to assist students meeting the requirements set forth in Section 68130.5 by streamlining access to all available financial aid and academic opportunities for those students.
(b) (1) Each campus of the California Community Colleges shall ensure that it has a staff person designated as a Dream Resource Liaison who is knowledgeable in available financial aid, services, and academic opportunities for all students meeting the requirements set forth in Section 68130.5, including undocumented students. The Legislature encourages each of these campuses to place this designated staff person in the campus’ extended opportunity programs and services office or financial aid office.
(2) Each campus of the California State University shall ensure that it has a staff person designated as a Dream Resource Liaison who is knowledgeable in available financial aid, services, and academic opportunities for all students meeting the requirements set forth in Section 68130.5, including undocumented students. The Legislature encourages each of these campuses to place this designated staff person in the campus’ educational opportunity programs office or financial aid office.
(3) The University of California is encouraged to designate a Dream Resource Liaison on each of its campuses. That staff person should be knowledgeable in available financial aid, services, and academic opportunities for all students meeting the requirements set forth in Section 68130.5, including undocumented students. The Legislature encourages each of these campuses to place this designated staff person in the campus’ educational opportunity programs office or financial aid office.
(c) (1) The California Community Colleges, the California State University, and the University of California are encouraged to establish Dream Resource Centers on each of their respective campuses.
(2) Dream Resource Centers may offer support services, including, but not necessarily limited to, state and institutional financial aid assistance, academic counseling, peer support services, psychological counseling, referral services, and legal services.
(d) (1) This section shall not be construed as encouraging the construction of a new or separate space for Dream Resource Centers.
(2) Dream Resource Centers may be housed within existing student service or academic centers.
(3) The space in which the Dream Resource Liaison is located may be deemed a Dream Resource Center.
(e) Notwithstanding Section 11005 of the Government Code and any other law requiring approval by a state officer of gifts, bequests, devises, or donations, the Trustees of the California State University, the Board of Governors of the California Community Colleges, and the Regents of the University of California may seek and accept on behalf of the state any gift, bequest, devise, or donation whenever the gift and the terms and conditions thereof will aid in the creation and operation of Dream Resource Centers for their respective systems.
(f) This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 3.
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:

SECTION 1.
Chapter 7.7 (commencing with Section 11795) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER  7.7. Statewide Open Data Portal
11795.
For purposes of this chapter, the following terms have the following meanings:
(a) “Agency” means, but is not limited to, a state agency, authority, board, bureau, commission, council, department, division, or office.
(b) “Data set” means any information comprising a collection of information held in electronic form where all or most of the information in the collection has been obtained or recorded for the purpose of providing an agency with information in connection with the provision of a service by the agency or the carrying out of any other function of the agency, is factual information that is not the product of analysis or interpretation other than calculation, and remains presented in a way that has not been organized, adapted, or otherwise materially altered since it was obtained or recorded.
(c) “Inventory” means a summary listing of all available data sets within an agency. The listing shall include, but is not limited to, a descriptive title of the data set as well as a brief informative description of what information may be found within the data set.
(d) “Open data roadmap” means a strategic plan describing the process by which 100 percent of the data held by an agency will be made publicly available, subject to any state or federal law or regulation relating to privacy. The roadmap shall include, but is not limited to, an agency’s data inventory, a proposed timeline for the release of data sets on a statewide or agency basis, and a methodology for compliance with any state or federal law or regulation relating to privacy.
(e) “Statewide open data portal” means a centralized data Internet Web site, with the ability to display and export data published from
state
agencies. For purposes of this chapter, data.ca.gov may be utilized as the statewide open data portal.
11795.1.
(a) There is in state government an executive officer known as the Chief Data Officer, who shall report to the Secretary of Government Operations.
(b) On or before June 1, 2016, a Chief Data Officer shall be appointed by the Governor, subject to Senate confirmation.
(c) (1) On or before October 1, 2016, the Chief Data Officer shall create an inventory of all available data in this state.
(2) (A) On or before January 1, 2017, the Chief Data Officer shall, in cooperation with the Department of Technology, create a statewide open data portal that is accessible to the public. The Chief Data Officer may elect to utilize data.ca.gov to satisfy the requirements of this section.
(B) The Chief Data Officer shall publish a listing of all data that may be provided to the public, subject to any state or federal privacy laws or regulations, including, but not limited to, privacy provisions in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg).
(C) The Chief Data Officer shall, after each agency assesses its data inventory, create a statewide open data roadmap and shall publish the open data roadmap on the statewide open data portal.
(D) On or before June 1, 2017, the Chief Data Officer shall ensure that at least 150 data sets have been published on the statewide open data portal.
(E) The statewide open data portal shall include a link to the Internet Web site of any agency that publishes its data on that site pursuant to subparagraph (B) of paragraph (3) of subdivision (f), including a link to any existing open data Internet Web site, including, but not limited to, https://bythenumbers.sco.ca.gov/ and https://chhs.data.ca.gov/.
(F) The Chief Data Officer shall make the statewide open data portal available to any city, county, city and county, district, or other local agency interested in using the statewide open data portal to publish its own data. Any data published by a city, county, city and county, district, or other local agency shall comply with all state or federal privacy laws or regulations, including, but not limited to, privacy provisions in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg).
(3) Notwithstanding Section 10231.5, on or before January 1, 2018, and each year thereafter, the Chief Data Officer shall publish a progress report for open data within the state. The progress report shall include, but is not limited to, an assessment of outcomes from the implementation of this section, innovation of the statewide open data portal, whether there has been any cost savings as a result of implementation of this section, and an assessment of agency collaboration.
(d) On or before January 1, 2017, in consultation with the Attorney General, the Chief Data Officer shall publish a set of guidelines for use by each agency. The guidelines shall include, but are not limited to, definitions and assessments of security, privacy, and legal concerns related to the creation of an inventory and publication of data.
(e) On or before October 1, 2016, the Chief Data Officer shall create an open data working group. The open data working group shall consist of state agencies’ data coordinators, appointed pursuant to paragraph (1) of subdivision (f), and shall be headed by the Chief Data Officer. The open data working group shall meet at least quarterly, and shall do, but is not limited to, all of the following:
(1) Assess progress on the open data roadmap.
(2) Discuss and recommend statewide policies and guidelines.
(3) Share best practices across agencies.
(4) Coordinate data sharing between agencies.
(f) (1) On or before August 1, 2016, state agencies identified by the Chief Data Officer shall appoint a data coordinator who shall be responsible for compliance with this chapter. The data coordinator may appoint a data steward for each data set the agency intends to publish.
(2) On or before October 1, 2016, each agency shall identify any data set within the agency and shall transmit the inventory to the Chief Data Officer in the form he or she prescribes.
(3) (A) On or before November 1, 2016, each agency shall create a plan for publication of any inventory that may be published.
(B) The agency shall publish its inventory on the statewide open data portal and may additionally publish its inventory on its own Internet Web site. If the agency chooses to publish the inventory on its own Internet Web site, the agency shall include on that site a link to the statewide open data
portal site.
portal.
(C) Any inventory published by an agency shall comply with all state and federal privacy laws and regulations, including, but not limited to, privacy provisions in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg).
(g) Agencies are authorized to apply for and accept public, private, and not-for-profit funding for the purpose of developing, implementing, or managing the statewide open data portal infrastructure and software pursuant to this chapter. These funds shall be expended for this purpose upon appropriation by the Legislature.
11795.2.
This chapter shall not affect the obligation of an agency to provide any notice or information to the public under any other law.


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

SECTION 1.
Section 1363 of the Government Code is amended to read:
1363.
(a) Unless otherwise provided, every oath of office certified by the officer before whom it was taken shall be filed within the time required as follows:
(1) The oath of all officers whose authority is not limited to any particular county, in the office of the Secretary of State.
(2) The oath of all officers elected or appointed for any county, and, except as provided in paragraph (4), of all officers whose duties are local, or whose residence in any particular county is prescribed by law, in the office of the county clerk of their respective counties.
(3) Each judge of a superior court, the county clerk, the clerk of the court, the executive officer or court administrator of the superior court, and the recorder shall file a copy of his or her official oath, signed with his or her own proper signature, in the office of the Secretary of State as soon as he or she has taken and subscribed his or her oath.
(4) The oath of all officers for any independent special district, as defined in Section 56044, in the office of the clerk or secretary of that district.
(b) (1) In its discretion, the board of supervisors of a county may require every elected or appointed officer or department head of that county who legally changes his or her name, delegated authority, or department, within 10 days from the date of the change, to file a new oath of office in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this paragraph is a public record subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7).
(2) Notwithstanding any other law, including, but not limited to, Sections 1368 and 1369, failure of an elected or appointed officer or department head of a county to file a new oath of office required by the board of supervisors pursuant to this subdivision shall not be punishable as a crime.
(c) Every oath of office filed pursuant to this section with the Secretary of State shall include the expiration date of the officer’s term of office, if any. In the case of an oath of office for an appointed officer, if there is no expiration date set forth in the oath, or the officer leaves office before the expiration date, the appointing authority shall report in writing to the Secretary of State the officer’s date of departure from office.
(d) The powers of an appointed officer of a county are no longer granted upon the officer’s departure from office. In its discretion, the board of supervisors of a county may require the appointing authority to rescind these powers in writing by filing a revocation in the same manner as the oath of office was filed.
SEC. 2.
Section 3105 of the Government Code is amended to read:
3105.
(a) The oath or affirmation of any disaster service worker of the state shall be filed as prescribed by State Personnel Board rule within 30 days of the date on which it is taken and subscribed.
(b) The oath or affirmation of any disaster service worker of any county shall be filed in the office of the county clerk of the county or in the official department personnel file of the county employee who is designated as a disaster service worker.
(c) The oath or affirmation of any disaster service worker of any city shall be filed in the office of the city clerk of the city.
(d) The oath or affirmation of any disaster service worker of any other public agency, including any district, shall be filed with any officer or employee of the agency that may be designated by the agency.
(e) (1) In its discretion, the board of supervisors of a county may require every disaster service worker of that county who legally changes his or her name, within 10 days from the date of the change, to file a new oath or affirmation in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this paragraph is a public record subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7).
(2) Notwithstanding any other law, including, but not limited to, Sections 3108 and 3109, failure of a disaster service worker to file a new oath of office required by the board of supervisors pursuant to this subdivision shall not be punishable as a crime.
(f) The oath or affirmation of any disaster service worker may be destroyed without duplication five years after the termination of the disaster service worker’s service or, in the case of a public employee, five years after the termination of the employee’s employment.
SEC. 3.
Section 24102 of the Government Code is amended to read:
24102.
(a) An appointee shall not act as deputy until:
(1) A written appointment by the deputy’s principal is filed with the county clerk.
(2) A copy of the appointment is filed with the county auditor, if the auditor has so requested.
(3) The deputy has taken the oath of office.
(b) In its discretion, the board of supervisors of a county may require every appointed deputy of that county who legally changes his or her name, delegated authority, or department, within 10 days from the date of the change, to file a new appointment in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this subdivision is a public record subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1).
(c) A revocation of the appointment of any deputy shall be made and filed in the same manner as the appointment.
(d) Five years after the date of revocation of appointment of a deputy, the written oath of office subscribed to by such deputy may be destroyed and no reproduction thereof need be made or preserved.
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.
The Legislature finds that this bill is necessary because of the unique circumstances affecting members of entities authorized in Division 21 (commencing with Section 58001) and Division 22 (commencing with Section 63901) of the Food and Agricultural Code as a result of involvement in the production, processing, or handling of agricultural products.
SEC. 2.
Section 58853 is added to the Food and Agricultural Code, to read:
58853.
(a) Notwithstanding Section 11123 of the Government Code, all of the following shall apply to a meeting held by teleconference under this chapter by an advisory board:
(1) A member of the advisory board participating by teleconference shall be listed in the minutes of the meeting and shall provide notice of his or her participation by teleconference at least 24 hours before the meeting.
(2) The advisory board shall designate a primary physical meeting location where participants may physically attend the meeting and participate. At least one member of the advisory board shall be in attendance at the primary physical meeting location.
(3) The teleconference phone number, and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely, shall be included in the agenda, which shall be available to the public.
(b) Nothing in this section shall exempt the advisory board from providing information regarding the physical location of an advisory board meeting or any teleconference participation information, including the identity of an advisory board member who might be participating by teleconference.
(c) Prior to holding a meeting by teleconference pursuant to this section, the advisory board shall adopt teleconferencing guidelines to address issues that include, but are not limited to, cancellations as a result of technical difficulties, ensuring transparency, and public participation.
SEC. 3.
Section 63906 is added to the Food and Agricultural Code, to read:
63906.
(a) Notwithstanding Section 11123 of the Government Code, all of the following shall apply to a meeting held by teleconference under this division by a commission or council:
(1) A member of the commission or council participating by teleconference shall be listed in the minutes of the meeting and shall provide notice of his or her participation by teleconference at least 24 hours before the meeting.
(2) The commission or council shall designate a primary physical meeting location where participants may physically attend the meeting and participate. At least one member of the commission or council shall be in attendance at the primary physical meeting location.
(3) The teleconference phone number, and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely, shall be included in the agenda, which shall be available to the public.
(b) Nothing in this section shall exempt the commission or council from providing information regarding the physical location of a commission or council meeting or any teleconference participation information, including the identity of a commission or council member who might be participating by teleconference.
(c) Prior to holding a meeting by teleconference pursuant to this section, the commission or council shall adopt teleconferencing guidelines to address issues that include, but are not limited to, cancellations as a result of technical difficulties, ensuring transparency, and public participation.
SEC. 4.
Section 67039 of the Food and Agricultural Code is amended to read:
67039.
“Producer” or “grower” means any person who is engaged within this state in the business of producing, or causing to be produced, avocados for market. “Producer” or “grower” does not include any person who has an average annual production of less than 10,000 pounds of avocados in the three preceding marketing years.
SEC. 5.
Section 67051 of the Food and Agricultural Code is amended to read:
67051.
(a) There is in the state government the California Avocado Commission.
(b) The commission shall be composed of the following members:
(1) (A) If the commission consists of three districts, nine producers who are not handlers, three elected from each district.
(B) If the commission consists of four districts, eight producers who are not handlers, two elected from each district.
(C) If the commission consists of five districts, 10 producers who are not handlers, two elected from each district.
(2) Two avocado handlers elected on a statewide basis.
(3) One public member who shall be appointed to the commission by the secretary from nominees recommended by the commission.
(4) The secretary who shall be a nonvoting ex officio member of the commission.
SEC. 6.
Section 67051.1 of the Food and Agricultural Code is repealed.
SEC. 7.
Section 67052 of the Food and Agricultural Code is amended to read:
67052.
(a) Each district shall have one alternate producer member, to be elected in the same manner as producer members.
(b) The alternate producer member shall, in the absence of a producer member from the same district, sit in place of the absent producer member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the producer member when sitting on the commission.
SEC. 8.
Section 67052.3 of the Food and Agricultural Code is amended to read:
67052.3.
(a) There shall be one alternate handler member to be elected in the same manner as the handler members.
(b) The alternate handler member shall, in the absence of a handler member, sit in place of the absent handler member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the handler member when sitting on the commission.
SEC. 9.
Section 67053 of the Food and Agricultural Code is amended to read:
67053.
(a) Any vacancy on the commission occurring by the failure of any person elected to the commission as a member or alternate member to continue in his or her position due to a change in status making him or her ineligible to serve, or through death, removal, or resignation, shall be filled, for the unexpired portion of the term, by a majority vote of the commission.
(b) Any person filling a vacant member or alternate member position shall meet all the qualifications set forth in this article as required for the member whose office he or she is to fill.
SEC. 10.
Section 67054 of the Food and Agricultural Code is amended to read:
67054.
(a) Producer members and alternate producer members on the commission shall have a financial interest in producing, or causing to be produced, avocados for market. In order to be elected a member or alternate member, a producer shall, at the time of the election, have a financial interest in the production of avocados within the district in which the producer stands for election.
(b) A producer may stand for election in any district in which the producer has a financial interest in the production of avocados.
(c) Handler members and the alternate handler members shall have a financial interest in handling avocados for markets. To be nominated and elected, a handler or alternate handler shall handle no less than 1 percent of the total industry volume of avocados in the preceding marketing year. Any handler elected to the commission pursuant to this section shall be required to maintain his or her eligibility under this section during his or her entire term of office.
(d) The public member shall not have any financial interest in the avocado industry. Except for the nomination of another public member, the public member and his or her alternate member on the commission shall have all the powers, rights, and privileges of any other member on the commission.
SEC. 11.
Section 67059 of the Food and Agricultural Code is amended to read:
67059.
Unless otherwise specified, a quorum of the commission shall be any nine voting members if the commission consists of three or four districts and any 10 voting members if the commission consists of five districts. The vote of a majority of members present at a meeting at which there is a quorum shall constitute the act of the commission.
SEC. 12.
Section 67081 of the Food and Agricultural Code is amended to read:
67081.
(a) The secretary shall establish a list of producers in each district. In establishing the lists, the secretary shall require that handlers in the state submit the names, mailing addresses, grove location, and handled volume of each producer from whom they purchased or handled avocados in the preceding marketing season. The request for information from handlers shall be in writing and shall be filed by the handlers within 60 days following receipt of the written request.
(b) Any producer of avocados whose name does not appear upon the secretary’s list of producers may have his or her name established on the list by filing with the commission a signed statement, identifying himself or herself as a producer. Failure to be on the list does not exempt the producer from paying assessments under this chapter.
SEC. 13.
Section 67132 of the Food and Agricultural Code is amended to read:
67132.
Upon the finding of nine voting members of the commission if the commission consists of three or four districts, or of 10 voting members of the commission if the commission consists of five districts, that this chapter has not tended to effectuate its declared purposes, the commission may recommend to the secretary that the operations of the commission shall be suspended, provided that the suspension shall not become effective until the expiration of the current marketing season. The secretary shall, upon receipt of the recommendation, or upon a petition filed with him or her requesting the suspension, signed by 15 percent of the producers by number who produced not less than 15 percent of the volume in the immediately preceding year, cause a referendum to be conducted among the listed producers to determine if the operation of this chapter and the operations of the commission shall be suspended, and shall establish a referendum period, which shall not be less than 10 days nor more than 60 days in duration. The secretary is authorized to prescribe any additional procedure necessary to conduct the referendum. At the close of the established referendum period, the secretary shall tabulate the ballots filed during the period. If at least 40 percent of the total number of producers, on a list established by the secretary marketing 40 percent of the total volume marketed by all producers during the last completed marketing season, participate in the referendum, the secretary shall suspend this chapter upon the expiration of the current marketing season, if he or she finds either one of the following:
(a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of the suspension, and the producers so voting marketed 51 percent or more of the total quantity of avocados marketed in the preceding marketing season by all of the producers who voted in the referendum.
(b) Fifty-one percent or more of the producers who voted in the referendum voted in favor of suspension, and the producers so voting marketed 65 percent or more of the total quantity of avocados marketed in the preceding season by all of the producers who voted in the referendum.
SEC. 14.
The Legislature finds and declares that Sections 2 and 3 of this act, which add Sections 58853 and 63906 to the Food and Agricultural Code, impose 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 these limitations and the need for protecting that interest:
In order for food and agriculture marketing order advisory boards and agricultural and seafood industry councils and commissions to hold meetings and make timely decisions, it is in the state’s interest to revise the requirements for teleconferences for these boards, councils, and commissions in order to encourage participation by directors. Many of these directors are located in remote locations in the state that are difficult for the public to access and the directors may need to participate from a nonstationary location.