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

SECTION 1.
Section 23355.3 is added to the Business and Professions Code, to read:
23355.3.
(a) A licensee may sponsor or otherwise participate in an event conducted by, and for the benefit of, a nonprofit organization in which retail and nonretail licensees are involved as sponsors or participants, subject to all of the following conditions:
(1) Except as otherwise provided in this section, any payment of money or other consideration for sponsorship or participation in the event shall be made only to the nonprofit organization conducting the event.
(2) Except as otherwise provided in this section, a nonretail licensee shall not, directly or indirectly, pay money or provide any other thing of value to a permanent retail licensee that is also a sponsor of, or participant in, the event.
(3) A nonretail licensee may donate alcoholic beverages to a nonprofit only as otherwise authorized by Section 25503.9.
(4) Except as otherwise provided by this division, a retail licensee shall not give, sell, or furnish any alcoholic beverages to the temporary licensee.
(5) A nonretail or retail licensee may choose to participate in any level of sponsorship, including at the name or principal sponsor level. A nonprofit organization may choose to have one, or multiple, name or principal sponsors.
(6) (A) A nonretail licensee may advertise or communicate sponsorship or participation in the event. This advertising or communication may include, but is not limited to, initiating, sharing, reposting, or otherwise forwarding a social media post by a permanent retail licensee or a nonretail licensee if the advertisement or communication does not contain the retail price of any alcoholic beverage or otherwise promotes a retail licensee beyond its sponsorship or participation in the event.
(B) A nonretail licensee shall not pay or reimburse a permanent licensee, directly or indirectly, for any advertising services, including by way of social media. Except as otherwise permitted by this section, a permanent retail licensee shall not accept any payment or reimbursement, directly or indirectly, for any advertising services offered by a nonretail licensee.
(C) For the purposes of this subdivision, “social media” means a service, platform, application, or site where users communicate and share media, such as pictures, videos, music, and blogs, with other users.
(7) A nonretail licensee shall not require, directly or indirectly, as a condition of sponsorship or participation in any event under this section, that its products be sold or served exclusively at the event. A retail licensee shall not receive, directly or indirectly, any advertising, sale, or promotional benefit from any permanent retail licensee in connection with the sponsorship or participation. A permanent retail licensee shall not offer or provide a nonretail licensee any advertising, sale, or promotional benefit in connection with the sponsorship or participation.
(b) This section does not authorize a nonretail licensee to pay, in whole or in part, any costs, including the cost of sponsorship, of any retail licensee that is sponsoring or participating in a nonprofit event.
(c) A licensee that sponsors or participates in a nonprofit event under this section shall keep detailed records of its sponsorship or participation and shall maintain those records for a period of at least three years. These records shall be provided to the department upon request.
(d) Nothing in this section shall be deemed to exempt the nonprofit organization from obtaining any licenses or permits as may be required to conduct the event.
SEC. 2.
Section 23399.65 is added to the Business and Professions Code, to read:
23399.65.
(a) A licensed beer manufacturer may apply to the department for a brewery event permit. A brewery event permit shall authorize the sale of beer produced by the licensee pursuant to Section 23357 for consumption on property contiguous and adjacent to the licensed premises owned or under the control of the licensee. The property shall be secured and controlled by the licensee.
(b) (1) The fee for a brewery event permit for a licensed beer manufacturer shall be one hundred ten dollars ($110) for a permit issued during the 2016 calendar year, and for a permit issued during the years thereafter, the annual fee shall be calculated pursuant to subdivisions (b) and (c) of Section 23320. The permit may be renewed annually at the same time as the licensee’s license. A brewery event permit shall be transferable as a part of the license.
(2) For each brewery event, consent for the sale of beer pursuant to subdivision (a) at the brewery event shall be first obtained by the licensee from the department in the form of an event authorization issued by the department. An event authorization shall be subject to approval by the appropriate local law enforcement agency. The fee for each event authorization shall not exceed twenty-five dollars ($25). The number of events authorized by a brewery event permit shall not exceed four in any calendar year.
(3) All moneys collected as fees pursuant to this subdivision shall be deposited in the Alcohol Beverage Control Fund, as described in Section 25761, for allocation, upon appropriation by the Legislature, as provided in subdivision (d) of that section.
(c) At all approved events, the licensee may exercise only those privileges authorized by the licensee’s license and shall comply with all provisions of the act pertaining to the conduct of on-sale premises, and violation of those provisions may be grounds for suspension or revocation of the licensee’s license or permit, or both, as though the violation occurred on the licensed premises.
(d) The department may adopt any regulations it determines to be necessary for the administration of this section.
SEC. 3.
Section 23402.5 is added to the Business and Professions Code, to read:
23402.5.
(a) A retail licensee shall not sell or offer for sale any beer that is purchased from a beer manufacturer at the beer manufacturer’s licensed premises under any of the following circumstances:
(1) The beer manufacturer from which the beer is purchased has not filed a price schedule pursuant to Chapter 12 (commencing with Section 25000) for the sale of that beer in the county in which the retail licensee’s premises at which the beer is being sold or offered for sale is located.
(2) The price at which the retailer purchases the beer is different from the price in the price schedule filed by the beer manufacturer pursuant to Chapter 12 (commencing with Section 25000) from which the beer is purchased.
(3) The beer container contains the statement or is marked “Not Packaged for Resale”.
(b) Nothing in this section creates any exception to the requirements of Chapter 12 (commencing with Section 25000).
SEC. 4.
Section 25500 of the Business and Professions Code is amended to read:
25500.
(a) No manufacturer, winegrower, manufacturer’s agent, rectifier, California winegrower’s agent, distiller, bottler, importer, or wholesaler, or any officer, director, or agent of any such person shall:
(1) Hold the ownership, directly or indirectly, of any interest in any on-sale license.
(2) Furnish, give, or lend any money or other thing of value, directly or indirectly, to, or guarantee the repayment of any loan or the fulfillment of any financial obligation of, any person engaged in operating, owning, or maintaining any on-sale premises where alcoholic beverages are sold for consumption on the premises.
(3) Own any interest, directly or indirectly, in the business, furniture, fixtures, refrigeration equipment, signs, except signs for interior use mentioned in subdivision (g) of Section 25503, or lease in or of any premises operated or maintained under any on-sale license for the sale of alcoholic beverages for consumption on the premises where sold; or own any interest, directly or indirectly, in realty acquired after June 13, 1935, upon which on-sale premises are maintained unless the holding of the interest is permitted in accordance with rules of the department.
(b) This section does not apply to the holding by one person of a wholesaler’s license and an on-sale license in counties not to exceed 15,000 population.
(c) This section does not apply to the financial or representative relationship between a manufacturer, winegrower, manufacturer’s agent, rectifier, California winegrower’s agent, distiller, bottler, importer, or wholesaler, or any officer, director, or agent of such person, and a person holding only one of the following types of licenses:
(1) On-sale general license for a bona fide club.
(2) Club license issued under Article 4 (commencing with Section 23425) of Chapter 3.
(3) Veterans’ club license issued under Article 5 (commencing with Section 23450) of Chapter 3.
(4) On-sale license for boats, trains, sleeping cars, or airplanes where the alcoholic beverages produced or sold by the manufacturer, winegrower, manufacturer’s agent, rectifier, California winegrower’s agent, bottler, importer, or wholesaler or any officer, director, or agent of the person are not sold, furnished, or given, directly or indirectly to the on-sale licensee.
(d) This section does not apply to an employee of a licensee referred to in subdivision (a) who is a nonadministrative and nonsupervisorial employee.
(e) Notwithstanding any other provision of this division or regulation of the department, this section does not apply to an employee of a licensee referred to in subdivision (a) who is the spouse of an on-sale licensee, so long as the on-sale licensee does not purchase, offer for sale, or promote, regardless of source, any of the brands of alcoholic beverages that are produced, bottled, processed, imported, rectified, distributed, represented, or sold by any licensee referred to in subdivision (a) that employs the spouse of the on-sale licensee.
(f) (1) Nothing in this division prohibits the holder of any retail on-sale or off-sale license from purchasing advertising in any publication published by a nonretail licensee.
(2) For purposes of this subdivision:
(A) “Nonretail licensee” means any manufacturer, winegrower, manufacturer’s agent, rectifier, California winegrower’s agent, distiller, bottler, importer, or wholesaler, or any person who does not directly or indirectly hold the ownership of any interest in a retail license.
(B) “Publication published by a nonretail licensee” includes Internet Web sites and social media feeds operated and maintained by or for a nonretail licensee under an account or Internet Web site address owned by the nonretail licensee.
SEC. 5.
Section 25666 of the Business and Professions Code is amended to read:
25666.
(a) In any hearing on an accusation charging a licensee with a violation of Sections 25658, 25663, and 25665, the department shall produce the alleged minor for examination at the hearing unless he or she is unavailable as a witness because he or she is dead or unable to attend the hearing because of a then-existing physical or mental illness or infirmity, or unless the licensee has waived, in writing, the appearance of the minor. When a minor is absent because of a then-existing physical or mental illness or infirmity, a reasonable continuance shall be granted to allow for the appearance of the minor if the administrative law judge finds that it is reasonably likely that the minor can be produced within a reasonable amount of time.
(b) (1) Nothing in this section shall prevent the department from taking testimony of the minor as provided in Section 11511 of the Government Code.
(2) This section is not intended to preclude the continuance of a hearing because of the unavailability of a minor for any other reason pursuant to Section 11524 of the Government Code.
SEC. 6.
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.
Chapter 6 (commencing with Section 8390) is added to Division 4.1 of the Public Utilities Code, to read:
CHAPTER  6. Energy Efficiency Programs and Demand Response
8390.
(a) An electrical or gas corporation shall require recipients of rebates or incentives from residential or commercial energy efficiency or weatherization programs of the electrical or gas corporation, not including programs for appliance replacement, to install demand response infrastructure on the property for which the rebates or incentives are provided.
(b) A local publicly owned electric or gas utility shall require recipients of rebates or incentives from residential or commercial energy efficiency or weatherization programs of the utility, not including programs for appliance replacement, to install demand response infrastructure on the property for which the rebates or incentives are provided.
SECTION 1.
Section 399.20 of the
Public Utilities Code
is amended to read:
399.20.
(a)It is the policy of this state and the intent of the Legislature to encourage electrical generation from eligible renewable energy resources, including renewable energy resources that can be used to meet peak demand.
(b)As used in this section, “electric generation facility” means an electric generation facility located within the service territory of, and developed to sell electricity to, an electrical corporation that meets all of the following criteria:
(1)Has an effective capacity of not more than three megawatts.
(2)Is interconnected and operates in parallel with the electrical transmission and distribution grid.
(3)Is strategically located and interconnected to the electrical transmission and distribution grid in a manner that optimizes the deliverability of electricity generated at the facility to load centers.
(4)Is an eligible renewable energy resource.
(c)An electrical corporation shall file with the commission a standard tariff for electricity purchased from an electric generation facility. The commission may modify or adjust the requirements of this section for an electrical corporation with less than 100,000 service connections, as individual circumstances merit.
(d)(1)The tariff shall provide for payment for every kilowatthour of electricity purchased from an electric generation facility for a period of 10, 15, or 20 years, as authorized by the commission. The payment shall be the market price determined by the commission pursuant to paragraph (2) and shall include all current and anticipated environmental compliance costs, including, but not limited to, mitigation of emissions of greenhouse gases and air pollution offsets associated with the operation of new generating facilities in the local air pollution control or air quality management district where the electric generation facility is located.
(2)The commission shall establish a methodology to determine the market price of electricity for terms corresponding to the length of contracts with an electric generation facility, in consideration of the following:
(A)The long-term market price of electricity for fixed price contracts, determined pursuant to an electrical corporation’s general procurement activities, as authorized by the commission.
(B)The long-term ownership, operating, and fixed-price fuel costs associated with fixed-price electricity from new generating facilities.
(C)The value of different electricity products including baseload, peaking, and as-available electricity.
(3)The commission may adjust the payment rate to reflect the value of every kilowatthour of electricity generated on a time-of-delivery basis.
(4)The commission shall ensure, with respect to rates and charges, that ratepayers that do not receive service pursuant to the tariff are indifferent to whether a ratepayer with an electric generation facility receives service pursuant to the tariff.
(e)An electrical corporation shall provide expedited interconnection procedures to an electric generation facility located on a distribution circuit that generates electricity at a time and in a manner so as to offset the peak demand on the distribution circuit, if the electrical corporation determines that the electric generation facility will not adversely affect the distribution grid. The commission shall consider, and may establish, a value for an electric generation facility located on a distribution circuit that generates electricity at a time and in a manner so as to offset the peak demand on the distribution circuit.
(f)(1)An electrical corporation shall make the tariff available to the owner or operator of an electric generation facility within the service territory of the electrical corporation, upon request, on a first-come-first-served basis, until the electrical corporation meets its proportionate share of a statewide cap of 750 megawatts cumulative rated generation capacity served under this section and Section 399.32. The proportionate share shall be calculated based on the ratio of the electrical corporation’s peak demand compared to the total statewide peak demand.
(2)By June 1, 2013, the commission shall, in addition to the 750 megawatts identified in paragraph (1), direct the electrical corporations to collectively procure at least 250 megawatts of cumulative rated generating capacity from developers of bioenergy projects that commence operation on or after June 1, 2013. The commission shall, for each electrical corporation, allocate shares of the additional 250 megawatts based on the ratio of each electrical corporation’s peak demand compared to the total statewide peak demand. In implementing this paragraph, the commission shall do all of the following:
(A)Allocate the 250 megawatts identified in this paragraph among the electrical corporations based on the following categories:
(i)For biogas from wastewater treatment, municipal organic waste diversion, food processing, and codigestion, 110 megawatts.
(ii)For dairy and other agricultural bioenergy, 90 megawatts.
(iii)For bioenergy using byproducts of sustainable forest management, 50 megawatts. Allocations under this category shall be determined based on the proportion of bioenergy that sustainable forest management providers derive from sustainable forest management in fire threat treatment areas, as designated by the Department of Forestry and Fire Protection.
(B)Direct the electrical corporations to develop standard contract terms and conditions that reflect the operational characteristics of the projects, and to provide a streamlined contracting process.
(C)Coordinate, to the maximum extent feasible, any incentive or subsidy programs for bioenergy with the agencies listed in subparagraph (A) of paragraph (3) to provide maximum benefits to ratepayers and to ensure that incentives are used to reduce contract prices.
(D)The commission shall encourage gas and electrical corporations to develop and offer programs and services to facilitate development of in-state biogas for a broad range of purposes.
(3)(A)The commission, in consultation with the Energy Commission, the State Air Resources Board, the Department of Forestry and Fire Protection, the Department of Food and Agriculture, and the Department of Resources Recycling and Recovery, may review the allocations of the 250 additional megawatts identified in paragraph (2) to determine if those allocations are appropriate.
(B)If the commission finds that the allocations of the 250 additional megawatts identified in paragraph (2) are not appropriate, the commission may reallocate the 250 megawatts among the categories established in subparagraph (A) of paragraph (2).
(4)For purposes of this subdivision, “bioenergy” means biogas and biomass.
(g)The electrical corporation may make the terms of the tariff available to owners and operators of an electric generation facility in the form of a standard contract subject to commission approval.
(h)Every kilowatthour of electricity purchased from an electric generation facility shall count toward meeting the electrical corporation’s renewables portfolio standard annual procurement targets for purposes of paragraph (1) of subdivision (b) of Section 399.15.
(i)The physical generating capacity of an electric generation facility shall count toward the electrical corporation’s resource adequacy requirement for purposes of Section 380.
(j)(1)The commission shall establish performance standards for any electric generation facility that has a capacity greater than one megawatt to ensure that those facilities are constructed, operated, and maintained to generate the expected annual net production of electricity and do not impact system reliability.
(2)The commission may reduce the three megawatt capacity limitation of paragraph (1) of subdivision (b) if the commission finds that a reduced capacity limitation is necessary to maintain system reliability within that electrical corporation’s service territory.
(k)(1)An owner or operator of an electric generation facility that received ratepayer-funded incentives in accordance with Section 379.6 of this code, or with Section 25782 of the Public Resources Code, and participated in a net metering program pursuant to Sections 2827 and 2827.10 of, and former Section 2827.9 of, this code before January 1, 2010, shall be eligible for a tariff or standard contract filed by an electrical corporation pursuant to this section.
(2)In establishing the tariffs or standard contracts pursuant to this section, the commission shall consider ratepayer-funded incentive payments previously received by the generation facility pursuant to Section 379.6 of this code or Section 25782 of the Public Resources Code. The commission shall require reimbursement of any funds received from these incentive programs to an electric generation facility, in order for that facility to be eligible for a tariff or standard contract filed by an electrical corporation pursuant to this section, unless the commission determines ratepayers have received sufficient value from the incentives provided to the facility based on how long the project has been in operation and the amount of renewable electricity previously generated by the facility.
(3)A customer that receives service under a tariff or contract approved by the commission pursuant to this section is not eligible to participate in a net metering program.
(l)An owner or operator of an electric generation facility electing to receive service under a tariff or contract approved by the commission shall continue to receive service under the tariff or contract until either of the following occurs:
(1)The owner or operator of an electric generation facility no longer meets the eligibility requirements for receiving service pursuant to the tariff or contract.
(2)The period of service established by the commission pursuant to subdivision (d) is completed.
(m)Within 10 days of receipt of a request for a tariff pursuant to this section from an owner or operator of an electric generation facility, the electrical corporation that receives the request shall post a copy of the request on its Internet Web site. The information posted on the Internet Web site shall include the name of the city in which the facility is located, but information that is proprietary and confidential, including, but not limited to, address information beyond the name of the city in which the facility is located, shall be redacted.
(n)An electrical corporation may deny a tariff request pursuant to this section if the electrical corporation makes any of the following findings:
(1)The electric generation facility does not meet the requirements of this section.
(2)The transmission or distribution grid that would serve as the point of interconnection is inadequate.
(3)The electric generation facility does not meet all applicable state and local laws and building standards and utility interconnection requirements.
(4)The aggregate of all electric generating facilities on a distribution circuit would adversely impact utility operation and load restoration efforts of the distribution system.
(o)Upon receiving a notice of denial from an electrical corporation, the owner or operator of the electric generation facility denied a tariff pursuant to this section shall have the right to appeal that decision to the commission.
(p)To ensure the safety and reliability of electric generation facilities, the owner of an electric generation facility receiving a tariff pursuant to this section shall provide an inspection and maintenance report to the electrical corporation at least once every other year. The inspection and maintenance report shall be prepared at the owner’s or operator’s expense by a California-licensed contractor who is not the owner or operator of the electric generation facility. A California-licensed electrician shall perform the inspection of the electrical portion of the generation facility.
(q)The contract between the electric generation facility receiving the tariff and the electrical corporation shall contain provisions that ensure that construction of the electric generating facility complies with all applicable state and local laws and building standards, and utility interconnection requirements.
(r)(1)All construction and installation of facilities of the electrical corporation, including at the point of the output meter or at the transmission or distribution grid, shall be performed only by that electrical corporation.
(2)All interconnection facilities installed on the electrical corporation’s side of the transfer point for electricity between the electrical corporation and the electrical conductors of the electric generation facility shall be owned, operated, and maintained only by the electrical corporation. The ownership, installation, operation, reading, and testing of revenue metering equipment for electric generating facilities shall only be performed by the electrical corporation.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) Penalty assessments have been used to fund an increasing number of programs that should properly be funded by broad-based financing mechanisms.
(b) The ever-increasing reliance on penalty assessments to fund core state programs is a regressive financing mechanism, and is particularly harmful to individuals who can least afford these assessments. High fines and assessments can perpetuate a cycle of poverty and inequality, given that individuals with lower incomes are more likely to miss payments and suffer the consequences.
(c) It is in the state’s interest to ensure funding for emergency medical air transportation is sufficient to maintain access to these critical services for Medi-Cal beneficiaries and all individuals in California.
(d) Therefore, it is the intent of the Legislature to identify alternative funding sources for emergency medical air transportation and cease reliance on penalty assessment revenue to fund these services.
(e) Accordingly, it is the intent of the Legislature to cease the collection of penalty assessments on January 1, 2018, pursuant to the Emergency Medical Air Transportation Act.
SEC. 2.
Section 76000.10 of the Government Code is amended to read:
76000.10.
(a) This section shall be known, and may be cited, as the Emergency Medical Air Transportation Act.
(b) For purposes of this section:
(1) “Department” means the State Department of Health Care Services.
(2) “Director” means the Director of Health Care Services.
(3) “Provider” means a provider of emergency medical air transportation services.
(4) “Rotary wing” means a type of aircraft, commonly referred to as a helicopter, that generates lift through the use of wings, known as rotor blades, that revolve around a mast.
(5) “Fixed wing” means a type of aircraft, commonly referred to as an airplane, that generates lift through the use of the forward motion of the aircraft and wings that do not revolve around a mast but are fixed in relation to the fuselage of the aircraft.
(6) “Air mileage rate” means the per-mileage reimbursement rate paid for services rendered by rotary-wing and fixed-wing providers.
(c) (1) For purposes of implementing this section, a penalty of four dollars ($4) shall be imposed upon every conviction for a violation of the Vehicle Code or a local ordinance adopted pursuant to the Vehicle Code, except parking offenses subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(2) The penalty described in this subdivision shall be in addition to the state penalty assessed pursuant to Section 1464 of the Penal Code. However, this penalty shall not be included in the base fine used to calculate the state penalty assessment pursuant to subdivision (a) of Section 1464 of the Penal Code, the state surcharge levied pursuant to Section 1465.7 of the Penal Code, and the state court construction penalty pursuant to Section 70372 of this code, and to calculate the other additional penalties levied pursuant to this chapter.
(d) The county or the court that imposed the fine shall, in accordance with the procedures set out in Section 68101, transfer moneys collected pursuant to this section to the Treasurer for deposit into the Emergency Medical Air Transportation Act Fund, which is hereby established in the State Treasury. Notwithstanding Section 16305.7, the Emergency Medical Air Transportation Act Fund shall include interest and dividends earned on money in the fund.
(e) (1) The Emergency Medical Air Transportation Act Fund shall be administered by the State Department of Health Care Services. Moneys in the Emergency Medical Air Transportation Act Fund shall be made available, upon appropriation by the Legislature, to the department to be used as follows:
(A) For payment of the administrative costs of the department in administering this section.
(B) Twenty percent of the fund remaining after payment of administrative costs pursuant to subparagraph (A) shall be used to offset the state portion of the Medi-Cal reimbursement rate for emergency medical air transportation services.
(C) Eighty percent of the fund remaining after payment of administrative costs pursuant to subparagraph (A) shall be used to augment emergency medical air transportation reimbursement payments made through the Medi-Cal program, as set forth in paragraphs (2) and (3).
(2) (A) The department shall seek to obtain federal matching funds by using the moneys in the Emergency Medical Air Transportation Act Fund for the purpose of augmenting Medi-Cal reimbursement paid to emergency medical air transportation providers.
(B) The director shall do all of the following:
(i) By March 1, 2011, meet with medical air transportation providers to determine the most appropriate methodology to distribute the funds for medical air services.
(ii) Implement the methodology determined most appropriate in a timely manner.
(iii) Develop the methodology in collaboration with the medical air providers.
(iv) Submit any state plan amendments or waiver requests that may be necessary to implement this section.
(v) Submit any state plan amendment or waiver request that may be necessary to implement this section.
(vi) Seek federal approvals or waivers as may be necessary to implement this section and to obtain federal financial participation to the maximum extent possible for the payments under this section. If federal approvals are not received, moneys in the fund may be distributed pursuant to this section until federal approvals are received.
(C) The director may give great weight to the needs of the emergency medical air services providers, as discussed through the development of the methodology.
(3) (A) Upon appropriation by the Legislature, the department shall use moneys in the Emergency Medical Air Transportation Act Fund and any federal matching funds to increase the Medi-Cal reimbursement for emergency medical air transportation services in an amount not to exceed normal and customary charges charged by the providers.
(B) Notwithstanding any other law, and pursuant to this section, the department shall increase the Medi-Cal reimbursement for emergency medical air transportation services if both of the following conditions are met:
(i) Moneys in the Emergency Medical Air Transportation Act Fund will cover the cost of increased payments pursuant to subparagraph (A).
(ii) The state does not incur any General Fund expense to pay for the Medi-Cal emergency medical air transportation services increase.
(f) The assessment of penalties pursuant to this section shall terminate on January 1, 2018. Penalties assessed before January 1, 2018, shall continue to be collected, administered, and distributed pursuant to this section until exhausted or until June 30, 2019, whichever occurs first. On June 30, 2019, moneys remaining unexpended and unencumbered in the Emergency Medical Air Transportation Act Fund shall be transferred to the General Fund, to be available, upon appropriation by the Legislature, for the purposes of augmenting Medi-Cal reimbursement for emergency medical air transportation and related costs, generally.
(g) Notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, the department may implement, interpret, or make specific this section and any applicable federal waivers and state plan amendments by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions without taking regulatory action.
(h) This section 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. 3.
Section 10752 is added to the Welfare and Institutions Code, to read:
10752.
The department shall, by March 1, 2017, in coordination with the Department of Finance, develop a funding plan that ensures adequate reimbursement to emergency medical air transportation providers following the termination of penalty assessments pursuant to subdivision (f) of Section 76000.10 of the Government Code on January 1, 2018.


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

SECTION 1.
Section 2701 of the Business and Professions Code is amended to read:
2701.
(a) There is in the Department of Consumer Affairs the Board of Registered Nursing consisting of nine members.
(b) For purposes of this chapter, “board,” or “the board,” refers to the Board of Registered Nursing. Any reference in state law to the Board of Nurse Examiners of the State of California or the California Board of Nursing Education and Nurse Registration shall be construed to refer to the Board of Registered Nursing.
(c) The board shall have all authority vested in the previous board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board.
(d) 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 January 1, 2018, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.
Section 2708 of the Business and Professions Code is amended to read:
2708.
(a) The board shall appoint an executive officer who shall perform the duties delegated by the board and who shall be responsible to it for the accomplishment of those duties.
(b) The executive officer shall be a nurse currently licensed under this chapter and shall possess other qualifications as determined by the board.
(c) The executive officer shall not be a member of the board.
(d) 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 January 1, 2018, deletes or extends that date.
SEC. 3.
Section 2718 is added to the Business and Professions Code, to read:
2718.
(a) (1) By February 1, 2016, the board shall contract with the office to conduct a performance audit of the board’s enforcement program. The board shall reimburse the office for the cost of the performance audit. The office shall report the results of the audit, with any recommendations, to the Governor, the department, and the appropriate policy committees of the Legislature by January 1, 2017.
(2) The performance audit shall include, but not be limited to, an evaluation of all the following:
(A) The quality and consistency of, and compliance with, complaint processing and investigation.
(B) The consistency and adequacy of the application of board sanctions or discipline imposed on licensees.
(C) The accuracy and consistency in implementing the laws and rules affecting discipline, including adherence to the Division of Investigation Case Acceptance Guidelines (Consumer Protection Enforcement Initiative Model), as revised July 1, 2014.
(D) The timeframes for completing complaint processing, investigation, and resolution.
(E) Staff concerns regarding licensee disciplinary matters or procedures.
(F) The appropriate utilization of licensed professionals to investigate complaints.
(G) The adequacy of the board’s cooperation with other state agencies charged with enforcing related laws and regulations regarding nurses.
(H) Any existing backlog, the reason for the backlog, and the timeframe for eliminating the backlog.
(I) The adequacy of board staffing, training, and fiscal resources to perform its enforcement functions.
(b) Board staff and management shall cooperate with the office and shall provide the office with access to data, case files, employees, and information as the office may, in its discretion, require for the purposes of this section.
(c) For the purposes of this section, “office” means the California State Auditor’s Office.
SEC. 4.
Section 2736.5 of the Business and Professions Code is repealed.
SEC. 5.
Section 2786 of the Business and Professions Code is amended to read:
2786.
(a) An approved school of nursing, or an approved nursing program, is one that has been approved by the board, gives the course of instruction approved by the board, covering not less than two academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education. For purposes of this section, “institution of higher education” includes, but is not limited to, community colleges offering an associate of arts or associate of science degree and private postsecondary institutions offering an associate of arts, associate of science, or baccalaureate degree or an entry-level master’s degree, and is an institution that is not subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code).
(b) A school of nursing that is affiliated with an institution that is subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code), may be approved by the board to grant an associate of arts or associate of science degree to individuals who graduate from the school of nursing or to grant a baccalaureate degree in nursing with successful completion of an additional course of study as approved by the board and the institution involved.
(c) The board shall determine by regulation the required subjects of instruction to be completed in an approved school of nursing for licensure as a registered nurse and shall include the minimum units of theory and clinical experience necessary to achieve essential clinical competency at the entry level of the registered nurse. The board’s regulations shall be designed to require all schools to provide clinical instruction in all phases of the educational process, except as necessary to accommodate military education and experience as specified in Section 2786.1.
(d) The board shall perform or cause to be performed an analysis of the practice of the registered nurse no less than every five years. Results of the analysis shall be utilized to assist in the determination of the required subjects of instruction, validation of the licensing examination, and assessment of the current practice of nursing.
SEC. 6.
Section 2786.1 is added to the Business and Professions Code, to read:
2786.1.
(a) The board shall deny the application for approval made by, and shall revoke the approval given to, any school of nursing that does not give student applicants credit in the field of nursing for military education and experience by the use of challenge examinations or other methods of evaluation.
(b) The board shall adopt regulations by January 1, 2017, requiring schools to have a process to evaluate and grant credit for military education and experience. The regulations shall be 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 word “credit,” as used in this subdivision, is limited to credit for licensure only. The board is not authorized to prescribe the credit that an approved school of nursing shall give toward an academic certificate or degree.
(c) The board shall review a school’s policies and practices regarding granting credit for military education and experience at least once every five years to ensure consistency in evaluation and application across schools. The board shall post on its Internet Web site information related to the acceptance of military coursework and experience at each approved school.


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

SECTION 1.
Section 927.2 of the Government Code is amended to read:
927.2.
The following definitions apply to this chapter:
(a) “Claim schedule” means a schedule of payment requests prepared and submitted by a state agency to the Controller for payment to the named claimant.
(b) “Grant” means a signed final agreement between any state agency and a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered by any state agency. Any such grant is a contract and subject to this chapter.
(c) “Invoice” means a bill or claim that requests payment on a contract under which a state agency acquires property or services or pursuant to a signed final grant agreement.
(d) “Medi-Cal program” means the program established pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(e) “Nonprofit public benefit corporation” means a corporation, as defined by subdivision (b) of Section 5046 of the Corporations Code, that has registered with the Department of General Services as a small business.
(f) “Nonprofit service organization” means a nonprofit entity that is organized to provide services to the public.
(g) “Notice of refund or other payment due” means a state agency provides notice to the person that a refund or payment is owed to that person or the state agency receives notice from the person that a refund or undisputed payment is due.
(h) “Payment” means any form of the act of paying, including, but not limited to, the issuance of a warrant or a registered warrant by the Controller, or the issuance of a revolving fund check by a state agency, to a claimant in the amount of an undisputed invoice.
(i) “Reasonable cause” means a determination by a state agency that any of the following conditions are present:
(1) There is a discrepancy between the invoice or claimed amount and the provisions of the contract or grant.
(2) There is a discrepancy between the invoice or claimed amount and either the claimant’s actual delivery of property or services to the state or the state’s acceptance of those deliveries.
(3) Additional evidence supporting the validity of the invoice or claimed amount is required to be provided to the state agency by the claimant.
(4) The invoice has been improperly executed or needs to be corrected by the claimant.
(5) There is a discrepancy between the refund or other payment due as calculated by the person to whom the money is owed and by the state agency.
(j) “Received by a state agency” means the date an invoice is delivered to the state location or party specified in the contract or grant or, if a state location or party is not specified in the contract or grant, wherever otherwise specified by the state agency.
(k) “Required payment approval date” means the date on which payment is due as specified in a contract or grant or, if a specific date is not established by the contract or grant, 30 calendar days following the date upon which an undisputed invoice is received by a state agency.
(l) “Revolving fund” means a fund established pursuant to Article 5 (commencing with Section 16400) of Division 4 of Title 2.
(m) “Small business” means a business certified as a “small business” in accordance with subdivision (d) of Section 14837, including certified small businesses engaged in the development, design, and construction of California’s high-speed rail system pursuant to the California High-Speed Rail Act (Division 19.5 (commencing with Section 185000) of the Public Utilities Code).
(n) “Small business” and “nonprofit organization” mean, in reference to providers under the Medi-Cal program, a business or organization that meets all of the following criteria:
(1) The principal office is located in California.
(2) The officers, if any, are domiciled in California.
(3) If a small business, it is independently owned and operated.
(4) The business or organization is not dominant in its field of operation.
(5) Together with any affiliates, the business or organization has gross receipts from business operations that do not exceed
three
four
million dollars
($3,000,000)
($4,000,000)
per year, except that the Director of Health Services may increase this amount if the director deems that this action would be in furtherance of the intent of this chapter.
SECTION 1.
Section 927 of the
Government Code
is amended to read:
927.
(a)This chapter shall be known and may be cited as the California Prompt Payment Act.
(b)It is the intent of the Legislature that state agencies pay properly submitted, undisputed invoices, refunds, or other undisputed payments due to individuals within 45 days of receipt or notification thereof, or automatically calculate and pay the appropriate late payment penalties as specified in this chapter.
(c)Notwithstanding any other law, this chapter shall apply to all state agencies, including, but not limited to, the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Treasurer, and the Department of General Services.


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

SECTION 1.
Section 4011.10 of the Penal Code is amended to read:
4011.10.
(a) It is the intent of the Legislature in enacting this section to provide county sheriffs, chiefs of police, and directors or administrators of local detention facilities with an incentive to not engage in practices designed to avoid payment of legitimate health care costs for the treatment or examination of persons lawfully in their custody, and to promptly pay those costs as requested by the provider of services. Further, it is the intent of the Legislature to encourage county sheriffs, chiefs of police, and directors or administrators of local detention facilities to bargain in good faith when negotiating a service contract with hospitals providing health care services.
(b) Notwithstanding any other law, a county sheriff, police chief, or other public agency that contracts for health care services, may contract with providers of health care services for care to local law enforcement patients. Hospitals that do not contract for health care services with the county sheriff, police chief, or other public agency shall provide health care services to local law enforcement patients at a rate equal to 110 percent of the hospital’s actual costs according to the most recent Hospital Annual Financial Data report issued by the Office of Statewide Health Planning and Development, as calculated using a cost-to-charge ratio, or, for claims that have not previously been paid or otherwise determined by local law enforcement, according to the most recently approved cost-to-charge ratio from the Medicare Program. The hospital, with the approval of the county sheriff, police chief, or other public agency responsible for providing health care services to local law enforcement patients, may choose the most appropriate cost-to-charge ratio and shall provide notice to the county sheriff, police chief, or other public agency, as applicable, of any change. If the hospital uses the cost-to-charge ratio from the Medicare Program, the hospital shall attach supporting Medicare documentation and an expected payment calculation to the claim. If a claim does not contain the supporting Medicare documentation and expected payment calculation, or if, within 60 days of the hospital’s request for approval to use the cost-to-charge ratio from the Medicare Program, approval is not granted by the county sheriff, police chief, or other public agency responsible for providing health care services to local law enforcement patients, the Office of Statewide Health Planning and Development cost-to-charge ratio shall be used to calculate the payment.
(c) A county sheriff or police chief shall not request the release of an inmate from custody for the purpose of allowing the inmate to seek medical care at a hospital, and then immediately rearrest the same individual upon discharge from the hospital, unless the hospital determines this action would enable it to bill and collect from a third-party payment source.
(d) The California Hospital Association, the University of California, the California State Sheriffs’ Association, and the California Police Chiefs Association shall, immediately upon enactment of this section, convene the Inmate Health Care and Medical Provider Fair Pricing Working Group. The working group shall consist of at least six members from the California Hospital Association and the University of California, and six members from the California State Sheriffs’ Association and the California Police Chiefs Association. Each organization should give great weight and consideration to appointing members of the working group with diverse geographic and demographic interests. The working group shall meet as needed to identify and resolve industry issues that create fiscal barriers to timely and affordable inmate health care. In addition, the working group shall address issues, including, but not limited to, inmates being admitted for care and later rearrested and any other fiscal barriers to hospitals being able to enter into fair market contracts with public agencies. To the extent that the rate provisions of this statute result in a disproportionate share of local law enforcement patients being treated at any one hospital or system of hospitals, the working group shall address this issue. No reimbursement is required under this provision.
(e) This section does not require or encourage a hospital or public agency to replace any existing arrangements that any city police chief, county sheriff, or other public agency that contracts for health care services for local law enforcement patients has with health care providers.
(f) An entity that provides ambulance or any other emergency or nonemergency response service to a sheriff or police chief, and that does not contract with their departments for that service, shall be reimbursed for the service at the rate established by Medicare. Neither the sheriff nor the police chief shall reimburse a provider of any of these services that his or her department has not contracted with at a rate that exceeds the provider’s reasonable and allowable costs, regardless of whether the provider is located within or outside of California.
(g) For the purposes of this section, “reasonable and allowable costs” shall be defined in accordance with Part 413 of Title 42 of the Code of Federal Regulations and federal Centers for Medicare and Medicaid Services Publication Numbers 15-1 and 15-2.
(h) For purposes of this section, in those counties in which the sheriff does not administer a jail facility, a director or administrator of a local department of corrections established pursuant to Section 23013 of the Government Code is the person who may contract for services provided to jail inmates in the facilities he or she administers in those counties.


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

SECTION 1.
Section 1970 of the Business and Professions Code is amended to read:
1970.
There is hereby established in the Dental Board of California the Dental Corps Loan Repayment Program of 2002, which shall become operative on January 1, 2003. This program shall be known and may be cited as the California Dental Corps Loan Repayment Program.
SEC. 2.
Section 1970.5 of the Business and Professions Code is amended to read:
1970.5.
It is the intent of this article that the Dental Board of California implement the California Dental Corps Loan Repayment Program.
SEC. 3.
Section 1971 of the Business and Professions Code is repealed.
SEC. 4.
Section 1971 is added to the Business and Professions Code, to read:
1971.
As used in this article:
(a) “Account” means the Dentally Underserved Account established in Section 1973, which is contained within the fund.
(b) “Board” means the Dental Board of California.
(c) “Dentally underserved area” means a geographic area eligible to be designated as having a shortage of dental professionals pursuant to Part I of Appendix B to Part 5 of Chapter 1 of Title 42 of the Code of Federal Regulations or an area of the state in which unmet priority needs for dentists exist as determined by the California Healthcare Workforce Policy Commission pursuant to Section 128224 of the Health and Safety Code.
(d) “Dentally underserved population” means persons without dental insurance and persons eligible for Denti-Cal who are population groups described as having a shortage of dental care professionals in Part I of Appendix B to Part 5 of Chapter 1 of Title 42 of the Code of Federal Regulations.
(e) “Fund” means the State Dentistry Fund.
(f) “Medi-Cal threshold languages” means primary languages spoken by limited-English-proficient (LEP) population groups meeting a numeric threshold of 3,000 eligible LEP Medi-Cal beneficiaries residing in a county, 1,000 Medi-Cal eligible LEP beneficiaries residing in a single ZIP Code, or 1,500 LEP Medi-Cal beneficiaries residing in two contiguous ZIP Codes.
(g) “Program” means the California Dental Corps Loan Repayment Program.
(h) “Practice setting” means either of the following:
(1) A community clinic, as defined in subdivision (a) of Section 1204 and subdivision (c) of Section 1206 of the Health and Safety Code, a clinic owned or operated by a public hospital and health system, or a clinic owned and operated by a hospital that maintains the primary contract with a county government to fulfill the county’s role pursuant to Section 17000 of the Welfare and Institutions Code that is located in a dentally underserved area or at least 50 percent of whose patients are from a dentally underserved population.
(2) A dental practice or dental corporation, as defined in Section 1800, located in a dentally underserved area or at least 50 percent of whose patients are from a dentally underserved population.
SEC. 5.
Section 1972 of the Business and Professions Code is repealed.
SEC. 6.
Section 1972 is added to the Business and Professions Code, to read:
1972.
(a) (1) A program applicant shall possess a current valid license to practice dentistry in this state issued by the board pursuant to Section 1626, or be currently eligible for graduation from a predoctoral or postdoctoral dental education program approved by the Commission on Dental Accreditation or the board and meet all criteria for licensure, subject to successful completion of applicable education and examination requirements.
(2) An applicant shall submit a completed application provided by the board that shall include, but is not limited to, documentation detailing current loan obligations from any government or commercial lender obtained for purposes of financing tuition or fees at a dental school approved by the Commission on Dental Accreditation or the board. Documentation shall contain the applicant’s account number and the lender’s contact information, as well as current balance owing and monthly installment plan details, if applicable.
(3) An application shall include disclosure of any and all obligations for which the applicant has defaulted or been subject to a judgment lien within the last 10 years, and explanations for each default or judgment lien disclosed.
(4) An applicant, if selected to receive a repayment grant, shall sign an agreement with the board to maintain qualified employment for 36 months continuously, and that the qualified employment meets or once commenced will meet the minimum requirements of the program regarding practice setting, and clinical hours worked.
(5) An applicant shall also agree to provide an annual progress report, signed by both the applicant and employer or employer’s designee. A progress report shall verify the practice setting’s qualified status, clinical hours worked by the applicant, number of patients treated, specific treatment rendered and its value, and patient’s payer source.
(b) The board, in selecting a participant for the program, shall give priority consideration to an applicant who is best suited to meet the cultural and linguistic needs and demands of dentally underserved populations by demonstrating experience in one or more of the following areas:
(1) Speaks one or more Medi-Cal threshold languages.
(2) Comes from an economically disadvantaged background with economic, social, or other circumstances.
(3) Has worked in a health field in an underserved area or with an underserved population.
(4) Is a dentist specialist recognized by the American Dental Association or has met all eligibility requirements to graduate from a dental specialty residency program approved by the Commission on Dental Accreditation.
(5) Has completed an extramural program or rotation during dental school or postgraduate education in which the applicant provided services to a population that speaks any Medi-Cal threshold language.
(c) The practice setting shall meet one or both of the following criteria:
(1) The practice setting shall be located in a dentally underserved area.
(2) The practice setting shall ensure that the program participant serves a patient population that consists of at least 50 percent dentally underserved populations.
(d) A program applicant shall be working in, or have a signed agreement for future employment with, an eligible practice setting. The program participant shall be employed on a full-time basis. “Full-time basis” means 30 hours of clinical hands-on care per week, for no less than 45 weeks per year, except as provided for during customary holidays, personal or family illness, and vacation time as described in a separate employment agreement between the recipient and the practice setting. Upon 30-day notice to the board, the board shall grant an extended leave of absence period for serious illness, pregnancy, or other natural cause. The board may establish other exemptions to the minimum time requirements of this subdivision on a case-by-case basis.
(e) A program participant shall commit to a minimum of three years of service in one or more eligible practice settings. Loan repayment or grant disbursement shall be deferred until the dentist is employed on a full-time basis.
(f) The board may coordinate with local and statewide trade and professional dental organizations, as well as educational institutions, for outreach to potentially eligible applicants.
(g) The board shall develop a process for a program participant’s repayment of loans or grants disbursed in the event that the participant is terminated prior to completion of, or is otherwise unable to complete, his or her three years of service obligation. Cause for termination includes, but is not limited to, the following:
(1) Recipient’s termination of full-time, qualified employment.
(2) Recipient’s failure to maintain his or her professional license in good standing.
(3) Recipient’s failure to comply with any other term or condition of this article.
(h) The board may adopt any other standards of eligibility, placement, and termination appropriate to achieve the aim of providing competent dental services in these approved practice settings.
SEC. 7.
Section 1973 of the Business and Professions Code is amended to read:
1973.
(a) The Dentally Underserved Account is hereby created in the State Dentistry Fund.
(b) The sum of three million dollars ($3,000,000) is hereby authorized to be expended from the State Dentistry Fund on this program. These moneys are appropriated as follows:
(1) One million dollars ($1,000,000) shall be transferred from the fund to the account on July 1, 2003. Of this amount, sixty-five thousand dollars ($65,000) shall be used by the board in the 2003–04 fiscal year for operating expenses necessary to manage this program.
(2) One million dollars ($1,000,000) shall be transferred from the fund to the account on July 1, 2004. Of this amount, sixty-five thousand dollars ($65,000) shall be used by the board in the 2004–05 fiscal year for operating expenses necessary to manage this program.
(3) One million dollars ($1,000,000) shall be transferred from the fund to the account on July 1, 2005. Of this amount, sixty-five thousand dollars ($65,000) shall be used by the board in the 2005–06 fiscal year for operating expenses necessary to manage this program.
(c) Funds placed into the account shall be used by the board to repay the loans per agreements made with dentists.
(1) Funds paid out for loan repayment may have a funding match from foundation or other private sources.
(2) Loan repayments shall not exceed one hundred five thousand dollars ($105,000) per individual licensed dentist.
(3) Loan repayments shall not exceed the amount of the educational loans incurred by the dentist applicant.
(d) Notwithstanding Section 11005 of the Government Code, the board may seek and receive matching funds from foundations and private sources to be placed into the account. The board also may contract with an exempt foundation for the receipt of matching funds to be transferred to the account for use by this program.
(e) Funds in the account appropriated in subdivision (b) or received pursuant to subdivision (d) are continuously appropriated for the repayment of loans per agreements made between the board and the dentists.
(f) On or after July 1, 2010, the board shall extend the program and distribute the moneys remaining in the account until all the moneys in the account are expended.
SEC. 8.
Section 1975 of the Business and Professions Code is repealed.
SEC. 9.
Section 1975 is added to the Business and Professions Code, to read:
1975.
The terms of loan repayment granted under this article shall be as follows:
(a) After a program participant has been selected by the board to provide services as a dentist in the program, the board shall provide thirty-five thousand dollars ($35,000) for loan repayment annually, for three years, to reach a total of one hundred five thousand dollars ($105,000), or the total amount of the loan, whichever is the lesser amount.
(b) The initial disbursement of funds shall be made within 30 days from execution of a program agreement between the board and the recipient directly from the board to the qualified lender selected by the recipient, to be credited to the recipient’s account.
(c) Subsequent disbursements in sums equal to the initial disbursement, but not equaling more than the total amount owed by the recipient, shall be made within 30 days of months 13 and 25 of the recipient’s participation in the program.
SEC. 10.
Section 1976 of the Business and Professions Code is amended to read:
1976.
(a) The board shall report to the Legislature, during its sunset review period, the experience of the program since its inception, an evaluation of its effectiveness in improving access to dental care for underserved populations, and recommendations for maintaining or expanding its operation. The report to the Legislature shall also include the following:
(1) The number of program participants.
(2) The practice locations.
(3) The amount expended for the program.
(4) The information on annual progress reports by program participants.
(b) The report to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 11.
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 ensure that low-income communities immediately receive the dental care they desperately lack as soon as possible by removing barriers to available and unused special funds for dentists who seek to serve designated underserved populations, it is necessary that this act take effect immediately.


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

SECTION 1.
Section 13700 of the Welfare and Institutions Code is amended to read:
13700.
(a) The Legislature finds and declares all of the following:
(1) There are homeless minors living on the streets of major urban centers, suburban communities, and in rural areas in this state without adequate food, shelter, health care, or financial support.
(2) Many of these homeless youth in these urban centers come from out-of-city or out-of-county locations.
(3) The homeless child, in many instances, has a history of physical or sexual abuse at home, and of having been rejected or forced out of the parental home.
(4) While living on the streets, these youth fall prey to drug abuse, human trafficking, prostitution, and other illegal activities.
(5) Local public agencies are unable to provide these youth with an adequate level or range of remedial services.
(6) These homeless minors are urgently in need of specialized services to locate them, to assist them with their immediate survival needs, and to address their long-term need to reunite with their parents or find a suitable home.
(7) Two homeless youth emergency service pilot programs, one in the City of Los Angeles, and one in the City and County of San Francisco, have demonstrated the need for ongoing programs to meet the needs of homeless minors and the effectiveness of these programs in meeting these needs.
(8) While critical, immediate crisis intervention does not go far enough to help these youth make a successful transition to adulthood. Evidence supports transitional living programs as the key driver of positive outcomes for homeless youth.
(b) The purpose of this chapter
is therefore
is, therefore,
to maintain one homeless youth emergency project in the County of Los Angeles and one in the City and County of San Francisco, where the problem is most acute, and to the extent funds are appropriated in the Budget Act of 1991, to establish additional homeless youth emergency service pilot projects pursuant to this chapter. It is the further purpose of this chapter to examine the condition of homeless youth in major urban areas of this state with populations of 500,000 or more, as well as other urban, suburban, and rural areas, and develop a profile of homeless youth in terms of background and available services, in order to locate these youth, to provide for their emergency survival needs, and to assist them in reunification with their parents or in finding a suitable home.
SEC. 2.
Section 13700.5 of the Welfare and Institutions Code is amended to read:
13700.5.
For purposes of this chapter, “office” means the Office of Emergency Services.
SEC. 3.
Section 13701 of the Welfare and Institutions Code is amended to read:
13701.
Each homeless youth project established under this chapter shall provide services that shall include, but are not limited to, all of the following:
(a) Food and access to an overnight shelter.
(b) Counseling to address immediate emotional crises or problems.
(c) Outreach services to locate homeless youth and link them with services, and drop-in facilities to make the services accessible to the street population.
(d) Screening for basic health needs and referral to public and private agencies for health care.
(e) Linkage to other services offered by public and private agencies.
(f) Long-term stabilization planning so that the youth may be returned to the parental home under circumstances favoring long-term reunification with the family, or so that the youth can be suitably placed in a situation outside the family when family reunification is not possible.
(g) Followup services to ensure that the return to the family or the placement outside the family is stable.
(h) Transitional living services for homeless youth 18 through 24 years of age, inclusive, for a period of up to 36 months, with access to education and employment assistance, independent living skill development, and family engagement and interventions.
SEC. 4.
Section 13703 of the Welfare and Institutions Code is amended to read:
13703.
(a) One homeless youth emergency service project shall be established in the County of Los Angeles and one shall be established in the City and County of San Francisco. One homeless youth emergency service project shall also be established in the County of San Diego, and one shall be established in the County of Santa Clara. The office shall establish additional homeless youth emergency service projects in
the County of Orange and
other counties, with a priority given to counties that lack existing services for runaway and homeless youth.
The office shall, with input from stakeholders, develop criteria for the selection of grantees and the determination of grant amounts under the grant program. For purposes of this section, stakeholders shall include, but not be limited to, current and former homeless youth and representatives from advocacy groups serving homeless youth.
Each project may have one central location or may have more than one location in the service area in order to serve effectively the area population of homeless youth. Each project shall be operated by an agency in accordance with the grant award agreement with the office.
(b) (1) The office shall prepare and disseminate a request for proposals for grantees under this chapter by February 15, 1986. The office shall enter into grant award agreements, and the operation of pilot projects shall begin, not later than June 1, 1986. With respect to projects to be established in the County of San Diego and the County of Santa Clara, the office shall prepare and disseminate a request for proposals for grantees under this chapter by March 31, 1992. The office shall enter into grant award agreements and the operation of these projects shall begin not later than July 1, 1992.
(2) With respect to additional homeless youth emergency service projects to be established pursuant to funding appropriated by the act that added this paragraph, the office shall prepare and disseminate requests for proposals
not
no
later than March 31, 2017.
(c) An agency eligible to apply for funds under this chapter and to operate a homeless youth emergency service project shall be a private, nonprofit agency with a demonstrated record of success in the delivery of services to homeless youth. The agency selected for each project shall demonstrate the ability to provide each of the services described in Section 13701, either directly or under subcontract with a competent provider. Preference shall be given to agencies that demonstrate a history of coordination with other public and private agencies in the service region that provide services to homeless youth. Preference shall also be given to agencies that will involve a network of youth-serving agencies in the delivery of services to homeless youth under this chapter.
SEC. 5.
The sum of twenty-five million dollars ($25,000,000) is hereby appropriated from the General Fund to the Office of Emergency Services to provide additional funding for homeless youth emergency service projects established pursuant to Chapter 6 (commencing with Section 13700) of Part 3 of Division 9 of the Welfare and Institutions Code.


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

SECTION 1.
Chapter 11 (commencing with Section 122380) is added to Part 6 of Division 105 of the Health and Safety Code, to read:
CHAPTER  11. Pet Boarding Facilities
122380.
As used in this chapter, the following definitions apply:
(a) “Enrichment” means providing objects or activities, appropriate to the needs of the species, as well as the age, size, and condition of the pet, that stimulate the pet and promote the pet’s well-being.
(b) “Permanent or fixed enclosure” means a structure, including, but not limited to, an exercise run, kennel, or room, used to restrict a pet, that provides for the effective separation of a pet from the pet’s waste products.
(c) “Person” means an individual, partnership, firm, limited liability company, joint-stock company, corporation, association, trust, estate, or other legal entity.
(d) “Pet” means any nonhuman animal housed in the pet boarding facility, including, but not limited to, mammals, birds, reptiles, and amphibians. However, “pet” does not include a horse.
(e) “Pet boarding facility” means any lot, building, structure, enclosure, or premises, or a portion thereof, whereupon four or more dogs, cats, or other pets in any combination are boarded at the request of, and in exchange for compensation provided by, their owner. However, “pet boarding facility” does not include a city, county, or city and county animal control agency, society for the prevention of cruelty to animals, or humane society that contracts for the care of stray or abandoned animals, or the premises of a veterinary facility that is registered pursuant to Section 4853 of the Business and Professions Code.
(f) “Pet boarding facility operator” or “operator” means a person who owns or operates, or both, a pet boarding facility.
(g) “Temporary enclosure” means a structure used to restrict a pet, including, but not limited to, a crate or cage, that does not provide for the effective separation of a pet from the pet’s waste products.
122381.
Each pet boarding facility operator shall be responsible for all of the following:
(a) Ensuring that the entire pet boarding facility, including all equipment therein, is structurally sound and maintained in good repair.
(b) Ensuring that pests do not inhabit any part of the pet boarding facility in a number large enough to be harmful, threatening, or annoying to the pets.
(c) Ensuring the containment of pets within the pet boarding facility, and, in the event that a pet escapes, making reasonable efforts to immediately capture the escaped pet.
(d) If an escaped pet has not been captured despite reasonable efforts, ensuring that all material facts regarding the pet’s escape are reported to the local agency for animal control and to the owner.
(e) Ensuring that the pet boarding facility’s interior building surfaces, including walls and floors, are constructed in a manner that permits them to be readily cleaned and sanitized.
(f) Ensuring that light, by natural or artificial means, is distributed in a manner that permits routine inspection and cleaning, and the proper care and maintenance of the pets.
(g) If pet grooming services are offered by a pet boarding facility, separating the grooming work area from the pet boarding facility’s permanent or fixed and temporary enclosures and ensuring that the grooming areas are cleaned and sanitized at least once daily.
(h) Storing food in an area separate from permanent or fixed enclosures or temporary enclosures.
(i) Maintaining an area for isolating sick pets from healthy pets.
122382.
(a) Each permanent or fixed and temporary enclosure shall comply with all of the following standards:
(1) Be structurally sound and maintained in good repair to protect the enclosed pet from injury, to contain the pet, to keep other animals out, and to promote the health and well-being of the pet.
(2) Be maintained in a comfortable and sanitary manner. When being cleaned in a manner or with a substance that is or may be harmful to a pet within the enclosure, that pet shall be removed from the enclosure.
(3) Be constructed of material suitable for regular cleaning and sanitizing.
(4) As needed to ensure the comfort and well-being of the pet, provide heating, cooling, lighting, ventilation, shade, and protection from the elements, including, but not limited to, the sun, wind, rain, and snow.
(5) Allow a pet to turn around freely, stand easily, and sit or lie down in a comfortable position.
(b) Each enclosure is either a permanent or fixed enclosure or a temporary enclosure.
(c) In addition to the requirements set forth in subdivision (a), a permanent or fixed enclosure for a cat shall provide an elevated platform appropriate for the size of the cat.
(d) A pet may be contained in a temporary enclosure for a period not to exceed 4 hours during the day and 12 hours at night or the length of time that is humane for that particular pet, whichever is less. However, the pet shall remain outside the temporary enclosure for no less than the amount of time needed for the pet to eliminate its waste.
122383.
A pet boarding facility operator shall comply with all of the following animal care requirements:
(a) House only one pet at a time in an enclosure unless otherwise consented to by the owner.
(b) Observe each pet as necessary, but no less than once every 24 hours, in order to recognize the signs of sickness, injury, or distress, and in order to ensure that the pet, food, and waste or debris is removed as necessary to prevent contamination or injury.
(c) Provide each pet with easy and convenient access to potable water at all times, or if the behavior of the pet makes unrestricted access to water impracticable, offer water as often as necessary to ensure the pet’s health and well-being. However, water may be restricted as directed by the owner or a licensed veterinarian.
(d) Provide each pet with nutritious food in quantities and at intervals suitable for that pet.
(e) Provide each pet daily with enrichment sufficient to maintain the behavioral health of the pet.
(f) Maintain and abide by written policies and procedures that address animal care, management and safe handling, disease prevention and control, routine care, preventive care, emergency care, veterinary treatment, and disaster planning, evacuation, and recovery that are applicable to the location of the pet boarding facility. These procedures shall be reviewed with each employee who provides animal care and shall be present, in writing, either electronically or physically, in the facility and made available to all employees.
(g) Isolate those pets that have or are suspected of having a contagious condition.
(h) Ensure that each sick or injured pet is immediately provided with appropriate care and, if prudent, veterinary treatment.
(i) Ensure that the owner of a pet is notified immediately that his or her pet is sick or injured unless the owner has indicated in writing that notification of any, or a particular, type of illness or injury is not required.
(j) In the event of a natural disaster, an emergency evacuation, or other similar occurrence, ensure that the humane care and treatment of each animal is provided for, as required by this chapter, to the extent access to the pet is reasonably available.
122384.
(a) A pet boarding facility operator shall provide each owner with written information describing all of the following:
(1) Days and times during which the pet boarding facility permits pets to be dropped off and picked up.
(2) Days and times during which personnel are onsite.
(3) The square footage of the permanent or fixed and temporary enclosures in which the species of pet that the owner is boarding is customarily contained.
(4) General observation practices during each 24-hour period for the species of pet that the owner is boarding is customarily observed by personnel.
(5) The pet boarding facility’s customary daily activity schedule for the species of pet that the owner is boarding.
(b) If the pet boarding facility will materially deviate from the customary practices described in the written information required by subdivision (a) with respect to an owner’s pet, the pet boarding facility operator shall disclose those deviations to the owner or patron, as appropriate.
122385.
A pet boarding facility shall maintain either of the following:
(a) A fire alarm system that is connected to a central reporting station that alerts the local fire department in case of fire.
(b) A fire suppression sprinkler system.
122386.
(a) An animal control officer, as defined in Section 830.9 of the Penal Code, a humane officer qualified pursuant to Section 14502 or 14503 of the Corporations Code, or a peace officer who detects a violation of Sections 122380 to 122385, inclusive, if he or she decides the violation warrants formal action, shall issue a single notice to correct that shall contain all of the following information:
(1) Specify each violation of this chapter found in the inspection.
(2) Identify the corrective action for each violation.
(3) Include a specific period of time during which the listed violation or violations are to be corrected.
(b) After issuing a notice to correct pursuant to this section, the officer or another qualified officer of the issuing agency shall verify compliance with this chapter by conducting a subsequent investigation of the pet boarding facility within a reasonable period of time.
(c) An exact, legible copy of the notice to correct shall be delivered to the pet boarding facility operator at the time he or she signs the notice. In the alternative, the issuing agency may personally deliver the notice to the operator within 48 hours of its issuance, excluding holidays and weekends. The signing of the notice is an acknowledgment of receipt and does not constitute an admission of guilt.
(d) A pet boarding facility operator who is verified to have complied with a notice to correct shall not be subject to subdivision (g).
(e) A pet boarding facility operator who violates the same provision of this chapter on more than one occasion within a five-year period is not eligible to receive a notice to correct, and is guilty of an infraction on the second violation, and is guilty of a misdemeanor on the third or subsequent violation.
(f) Notwithstanding subdivision (a), a pet boarding facility operator that causes or allows harm or injury to an animal, or allows an animal to be subject to an unreasonable risk of harm or injury is guilty of a misdemeanor.
(g) Except as provided in subdivisions (e) and (f), a pet boarding facility operator who violates any provision of this chapter is guilty of an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) for the first violation and by a fine not to exceed one thousand dollars ($1,000) for each subsequent violation. The court shall weigh the gravity of the offense in setting the penalty.
122387.
(a) Nothing in this chapter shall be construed to in any way limit or affect the application or enforcement of any other law that protects animals or the rights of consumers, including, but not limited to, Section 597 of the Penal Code.
(b) Nothing in this chapter limits, or authorizes any act or omission that violates, Section 597 of the Penal Code, or any other local, state, or federal law that protects animals or the rights of consumers.
122388.
Pursuant to Section 7 of Article XI of the California Constitution, a city, county, or city and county may adopt ordinances that establish additional standards and requirements for a pet boarding facility.
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 1841 of the Water Code is amended to read:
1841.
(a) The board may adopt regulations requiring measurement and reporting of water diversion and use by either of the following:
(1) Persons authorized to appropriate water under a permit, license, registration for small domestic, small irrigation, or livestock stockpond use,
if the registered use is year-round,
or certification for livestock stockpond
use.
use, if the certified use is year-round.
(2) Persons required to comply with measurement and reporting regulations pursuant to subparagraph (B) of paragraph (1) of subdivision (e) of Section 5103.
(b) The initial regulations that the board adopts pursuant to this section shall be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of the initial regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted under this section shall remain in effect until revised by the board.
(c) The adoption of the initial regulations pursuant to this article is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code.
SECTION 1.
Section 1840 of the
Water Code
is amended to read:
1840.
(a)(1)Except as provided in subdivision (b), a person who, on or after January 1, 2018, diverts 10 acre-feet of water per year or more under a permit or license shall install and maintain a device or employ a method capable of measuring the rate of direct diversion, rate of collection to storage, and rate of withdrawal or release from storage. The measurements shall be made using the best available technologies and best professional practices, as defined in Section 5100, using a device or methods satisfactory to the board, as follows:
(A)A device shall be capable of continuous monitoring of the rate and quantity of water diverted and shall be properly maintained. The permittee or licensee shall provide the board with evidence that the device has been installed with the first report submitted after installation of the device. The permittee or licensee shall provide the board with evidence demonstrating that the device is functioning properly as part of the reports submitted at five-year intervals after the report documenting installation of the device, or upon request of the board.
(B)In developing regulations pursuant to Section 1841, the board shall consider devices and methods that provide accurate measurement of the total amount diverted and the rate of diversion. The board shall consider devices and methods that provide accurate measurements within an acceptable range of error, including the following:
(i)Electricity records dedicated to a pump and recent pump test.
(ii)Staff gage calibrated with an acceptable streamflow rating curve.
(iii)Staff gage calibrated for a flume or weir.
(iv)Staff gage calibrated with an acceptable storage capacity curve.
(v)Pressure transducer and acceptable storage capacity curve.
(2)The permittee or licensee shall maintain a record of all diversion monitoring that includes the date, time, and diversion rate at time intervals of one hour or less, and the total amount of water diverted. These records shall be included with reports submitted under the permit or license, as required under subdivision (c), or upon request of the board.
(b)(1)The board may modify the requirements of subdivision (a) upon finding either of the following:
(A)That strict compliance is infeasible, is unreasonably expensive, would unreasonably affect public trust uses, or would result in the waste or unreasonable use of water.
(B)That the need for monitoring and reporting is adequately addressed by other conditions of the permit or license.
(2)The board may increase the 10-acre-foot reporting threshold of subdivision (a) in a watershed or subwatershed, after considering the diversion reporting threshold in relation to quantity of water within the watershed or subwatershed. The board may increase the 10-acre-foot reporting threshold to 25 acre-feet or more if it finds that the benefits of the additional information within the watershed or subwatershed are substantially outweighed by the cost of installing measuring devices or employing methods for measurement for diversions at the 10-acre-foot threshold.
(c)At least annually, a person who diverts water under a registration, permit, or license shall report to the board the following information:
(1)The quantity of water diverted by month.
(2)The maximum rate of diversion by months in the preceding calendar year.
(3)The information required by subdivision (a), if applicable.
(d)Compliance with the applicable requirements of this section is a condition of every registration, permit, or license.