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

SECTION 1.
Section 18601 of the Revenue and Taxation Code is amended to read:
18601.
(a) Except as provided in subdivision (b), (c), or (d), every taxpayer subject to the tax imposed by Part 11 (commencing with Section 23001) shall, on or before the 15th day of the fourth month following the close of its taxable year, transmit to the Franchise Tax Board a return in a form prescribed by it, specifying for the taxable year, all the facts as it may by rule, or otherwise, require in order to carry out this part. A tax return, disclosing net income for any taxable year, filed pursuant to Chapter 2 (commencing with Section 23101) or Chapter 3 (commencing with Section 23501) of Part 11 shall be deemed filed pursuant to the proper chapter of Part 11 for the same taxable period, if the chapter under which the return is filed is determined erroneous.
(b) In the case of cooperative associations described in Section 24404, returns shall be filed on or before the 15th day of the ninth month following the close of its taxable year.
(c) In the case of taxpayers required to file a return for a short period under Section 24634, the due date for the short period return shall be the same as the due date of the federal tax return that includes the net income of the taxpayer for that short period, or the due date specified in subdivision (a) if no federal return is required to be filed that would include the net income for that short period.
(d) (1) In the case of an “S corporation” described in Section 1361 of the Internal Revenue Code, relating to S corporation defined, returns shall be filed on or before the 15th day of the third month following the close of its taxable year.
(2) For taxable years beginning on or after January 1, 1997, each “S corporation” required to file a return under subdivision (a) for any taxable year shall, on or before the day on which the return for the taxable year was filed, furnish each person who is a shareholder at any time during the taxable year a copy of the information shown on the return.
(e) For taxable years beginning on or after January 1, 1997:
(1) A shareholder of an “S corporation” shall, on the shareholder’s return, treat a Subchapter S item in a manner that is consistent with the treatment of the item on the corporate return.
(2) (A) In the case of any Subchapter S item, paragraph (1) shall not apply to that item if both of the following occur:
(i) Either of the following occurs:
(I) The corporation has filed a return, but the shareholder’s treatment of the item on the shareholder’s return is, or may be, inconsistent with the treatment of the item on the corporate return.
(II) The corporation has not filed a return.
(ii) The shareholder files with the Franchise Tax Board a statement identifying the inconsistency.
(B) A shareholder shall be treated as having complied with clause (ii) of subparagraph (A) with respect to a Subchapter S item if the shareholder does both of the following:
(i) Demonstrates to the satisfaction of the Franchise Tax Board that the treatment of the Subchapter S item on the shareholder’s return is consistent with the treatment of the item on the schedule furnished to the shareholder by the corporation.
(ii) Elects to have this paragraph apply with respect to that item.
(3) In any case described in subclause (I) of clause (i) of subparagraph (A) of paragraph (2), and in which the shareholder does not comply with clause (ii) of subparagraph (A) of paragraph (2), any adjustment required to make the treatment of the items by the shareholder consistent with the treatment of the items on the corporate return shall be treated as arising out of a mathematical error and assessed and collected under Section 19051.
(4) For purposes of this subdivision, “Subchapter S item” means any item of an “S corporation” to the extent provided by regulations that, for purposes of Part 10 (commencing with Section 17001) or this part, the item is more appropriately determined at the corporation level than at the shareholder level.
(5) The penalties imposed under Article 7 (commencing with Section 19131) of Chapter 4 shall apply in the case of a shareholder’s negligence in connection with, or disregard of, the requirements of this section.
(f) The amendments made to this section by the act adding this subdivision shall apply to returns for taxable years beginning on or after January 1, 2016.
SEC. 2.
Section 18633 of the Revenue and Taxation Code is amended to read:
18633.
(a) (1) Every partnership, on or before the 15th day of the third month following the close of its taxable year, shall make a return for that taxable year, stating specifically the items of gross income and the deductions allowed by Part 10 (commencing with Section 17001). Except as otherwise provided in Section 18621.5, the return shall include the names, addresses, and taxpayer identification numbers of the persons, whether residents or nonresidents, who would be entitled to share in the net income if distributed and the amount of the distributive share of each person. The return shall contain or be verified by a written declaration that it is made under penalty of perjury, signed by one of the partners.
(2) In addition to returns required by paragraph (1), every limited partnership subject to the tax imposed by subdivision (b) of Section 17935, on or before the 15th day of the third month following the close of its taxable year, shall make a return for that taxable year, containing the information identified in paragraph (1). In the case of a limited partnership not doing business in this state, the Franchise Tax Board shall prescribe the manner and extent to which the information identified in paragraph (1) shall be included with the return required by this paragraph.
(b) Each partnership required to file a return under subdivision (a) for any taxable year shall (on or before the day on which the return for that taxable year was required to be filed) furnish to each person who is a partner or who holds an interest in that partnership as a nominee for another person at any time during that taxable year a copy of the information required to be shown on that return as may be required by regulations.
(c) Any person who holds an interest in a partnership as a nominee for another person shall do both of the following:
(1) Furnish to the partnership, in the manner prescribed by the Franchise Tax Board, the name, address, and taxpayer identification number of that other person, and any other information for that taxable year as the Franchise Tax Board may by form and regulation prescribe.
(2) Furnish to that other person, in the manner prescribed by the Franchise Tax Board, the information provided by that partnership under subdivision (b).
(d) The provisions of Section 6031(d) of the Internal Revenue Code, relating to the separate statement of items of unrelated business taxable income, shall apply.
(e) The provisions of Section 6031(f) of the Internal Revenue Code, relating to electing investment partnerships, shall apply, except as otherwise provided.
(f) The amendments made to this section by the act adding this subdivision shall apply to returns for taxable years beginning on or after January 1, 2016.
SEC. 3.
Section 18633.5 of the Revenue and Taxation Code is amended to read:
18633.5.
(a) Every limited liability company that is classified as a partnership for California tax purposes that is doing business in this state, organized in this state, or registered with the Secretary of State shall file its return on or before the 15th day of the third month following the close of its taxable year, stating specifically the items of gross income and the deductions allowed by Part 10 (commencing with Section 17001). The return shall include the names, addresses, and taxpayer identification numbers of the persons, whether residents or nonresidents, who would be entitled to share in the net income if distributed and the amount of the distributive share of each person. The return shall contain or be verified by a written declaration that it is made under penalty of perjury, signed by one of the limited liability company members. In the case of a limited liability company not doing business in this state, and subject to the tax imposed by subdivision (b) of Section 17941, the Franchise Tax Board shall, for returns required to be filed on or after January 1, 1998, prescribe the manner and extent to which the information identified in this subdivision shall be included with the return required by this subdivision.
(b) Each limited liability company required to file a return under subdivision (a) for any limited liability company taxable year shall, on or before the day on which the return for that taxable year was required to be filed, furnish to each person who holds an interest in that limited liability company at any time during that taxable year a copy of that information required to be shown on that return as may be required by forms and instructions prescribed by the Franchise Tax Board.
(c) Any person who holds an interest in a limited liability company as a nominee for another person shall do both of the following:
(1) Furnish to the limited liability company, in the manner prescribed by the Franchise Tax Board, the name, address, and taxpayer identification number of that person, and any other information for that taxable year as the Franchise Tax Board may prescribe by forms and instructions.
(2) Furnish to that other person, in the manner prescribed by the Franchise Tax Board, the information provided by that limited liability company under subdivision (b).
(d) The provisions of Section 6031(d) of the Internal Revenue Code, relating to the separate statement of items of unrelated business taxable income, shall apply.
(e) (1) A limited liability company shall file with its return required under subdivision (a), in the form required by the Franchise Tax Board, the agreement of each nonresident member to file a return pursuant to Section 18501, to make timely payment of all taxes imposed on the member by this state with respect to the income of the limited liability company, and to be subject to personal jurisdiction in this state for purposes of the collection of income taxes, together with related interest and penalties, imposed on the member by this state with respect to the income of the limited liability company. If the limited liability company fails to timely file the agreements on behalf of each of its nonresident members, then the limited liability company shall, at the time set forth in subdivision (f), pay to this state on behalf of each nonresident member of whom an agreement has not been timely filed an amount equal to the highest marginal tax rate in effect under Section 17041, in the case of members that are individuals, estates, or trusts, and Section 23151, in the case of members that are corporations, multiplied by the amount of the member’s distributive share of the income source to the state reflected on the limited liability company’s return for the taxable period, reduced by the amount of tax previously withheld and paid by the limited liability company pursuant to Section 18662 and the regulations thereunder with respect to each nonresident member. A limited liability company shall be entitled to recover the payment made from the member on whose behalf the payment was made.
(2) If a limited liability company fails to attach the agreement or to timely pay the payment required by paragraph (1), the payment shall be considered the tax of the limited liability company for purposes of the penalty prescribed by Section 19132 and interest prescribed by Section 19101 for failure to timely pay the tax. Payment of the penalty and interest imposed on the limited liability company for failure to timely pay the amount required by this subdivision shall extinguish the liability of a nonresident member for the penalty and interest for failure to make timely payment of all taxes imposed on that member by this state with respect to the income of the limited liability company.
(3) No penalty or interest shall be imposed on the limited liability company under paragraph (2) if the nonresident member timely files and pays all taxes imposed on the member by this state with respect to the income of the limited liability company.
(f) Any agreement of a nonresident member required to be filed pursuant to subdivision (e) shall be filed at either of the following times:
(1) The time the annual return is required to be filed pursuant to this section for the first taxable period for which the limited liability company became subject to tax pursuant to Chapter 10.6 (commencing with Section 17941).
(2) The time the annual return is required to be filed pursuant to this section for any taxable period in which the limited liability company had a nonresident member on whose behalf an agreement described in subdivision (e) has not been previously filed.
(g) Any amount paid by the limited liability company to this state pursuant to paragraph (1) of subdivision (e) shall be considered to be a payment by the member on account of the income tax imposed by this state on the member for the taxable period.
(h) Every limited liability company that is classified as a corporation for California tax purposes shall be subject to the requirement to file a tax return under the provisions of Part 10.2 (commencing with Section 18401) and the applicable taxes imposed by Part 11 (commencing with Section 23001).
(i) (1) Every limited liability company doing business in this state, organized in this state, or registered with the Secretary of State, that is disregarded pursuant to Section 23038 shall file a return that includes information necessary to verify its liability under Sections 17941 and 17942, provides its sole owner’s name and taxpayer identification number, includes the consent of the owner to California tax jurisdiction, and includes other information necessary for the administration of this part, Part 10 (commencing with Section 17001), or Part 11 (commencing with Section 23001).
(2) If the owner’s consent required under paragraph (1) is not included, the limited liability company shall pay on behalf of its owner an amount consistent with, and treated the same as, the amount to be paid under subdivision (e) by a limited liability company on behalf of a nonresident member for whom an agreement required by subdivision (e) is not attached to the return of the limited liability company.
(3) (A) Except as provided in subparagraph (B), the return required under paragraph (1) shall be filed on or before the 15th day of the fourth month after the close of the taxable year of the owner subject to tax under Part 10 (commencing with Section 17001) or Chapter 2 (commencing with Section 23101) of Part 11.
(B) In the event that the owner is an “S corporation,” a partnership, or a limited liability company classified as a partnership for California tax purposes, the return required under paragraph (1) shall be filed on or before the 15th day of the third month after the close of the taxable year.
(4) For limited liability companies disregarded pursuant to Section 23038, “taxable year of the owner” shall be substituted for “taxable year” in Sections 17941 and 17942.
(j) The amendments made by Chapter 264 of the Statutes of 2005 apply to taxable years beginning on or after January 1, 2005.
(k) The amendments made to this section by the act adding this subdivision shall apply to returns for taxable years beginning on or after January 1, 2016.
SEC. 4.
Section 23281 of the Revenue and Taxation Code is amended to read:
23281.
(a) (1) When a taxpayer ceases to do business within the state during any taxable year and does not dissolve or withdraw from the state during that year, and does not resume doing business during the succeeding taxable year, its tax for the taxable year in which it resumes doing business prior to January 1, 2000, shall be the greater of the following:
(A) The tax computed upon the basis of the net income of the income year in which it ceased doing business, except where the income has already been included in the measure of a tax imposed by this chapter.
(B) The minimum tax prescribed in Section 23153.
(2) When a taxpayer ceases to do business within the state during any taxable year and does not dissolve or withdraw from the state during that year, and does not resume doing business during the succeeding taxable year, its tax for the taxable year in which it resumes doing business, on or after January 1, 2000, shall be according to or measured by its net income for the taxable year in which it resumes doing business.
(b) The tax shall be due and payable at the time the corporation resumes doing business, or on or before the due date of the return for its taxable year, whichever is later. All the provisions of this part relating to delinquent taxes shall be applicable to the tax if it is not paid on or before its due date.
(c) This section does not apply to a corporation that became subject to Chapter 3 (commencing with Section 23501) after it discontinued doing business in this state (see Section 23224.5).
(d) The amendments made to this section by the act adding this subdivision shall apply to taxable years beginning on or after January 1, 2016.


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

SECTION 1.
Item 0521-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read:
0521-101-3228—For local assistance, Secretary of Transportation, payable from the Greenhouse Gas Reduction Fund ........................
135,000,000
Schedule:
(1)
0276-Transit and Intercity Rail Capital Program ........................
135,000,000
Provisions:
1.
The funds appropriated in this item shall be available for allocation by the California Transportation Commission until June 30, 2018, and shall be available for encumbrance and liquidation until June 30, 2022.
SEC. 2.
Item 0540-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read:
0540-101-3228—For local assistance, Secretary of the Natural Resources Agency, payable from the Greenhouse Gas Reduction Fund ........................
80,000,000
Schedule:
(1)
0320-Administration of Natural Resources Agency ........................
80,000,000
Provisions:
1.
The funds appropriated in this item shall be used for urban greening programs.
2.
The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2018, for support or local assistance and shall be available for liquidation until June 30, 2020. Not more than five percent of the amount appropriated in this item may be used for the administrative costs of the urban greening programs.
SEC. 3.
Item 0650-002-3228 is added to Section 2.00 of the Budget Act of 2016, to read:
0650-002-3228—For support of Office of Planning and Research, payable from the Greenhouse Gas Reduction Fund ........................
2,000,000
Schedule:
(1)
0370-Strategic Growth Council ........................
2,000,000
Provisions:
1.
The funds appropriated in this item shall be available to provide technical assistance to disadvantaged communities.
SEC. 4.
Item 0650-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read:
0650-101-3228— For local assistance, Office of Planning and Research, payable from the Greenhouse Gas Reduction Fund ........................
140,000,000
Schedule:
(1)
0370-Strategic Growth Council ........................
140,000,000
Provisions:
1.
The funds appropriated in this item shall be used for the Transformative Climate Communities Program described in Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code. This provision shall become operative only if Assembly Bill 2722 of the 2015–16 Regular Session is enacted and becomes operative.
2.
The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2019, for support or local assistance and shall be available for liquidation until June 30, 2021. Not more than five percent of the amount appropriated in this item may be used for administrative costs.
SEC. 5.
Item 0650-490 is added to Section 2.00 of the Budget Act of 2016, to read:
0650-490—Reappropriation, Office of Planning and Research. The balance of the appropriation provided in the following citation is reappropriated for the purposes provided for in that appropriation. Notwithstanding Section 16304.1 of the Government Code, the funds shall be available for liquidation of encumbrances until June 30, 2020.
3228—Greenhouse Gas Reduction Fund
(1)
Item 0650-101-3228, Budget Act of 2014 (Chs. 25 and 663, Stats. 2014)
SEC. 6.
Item 2240-491 is added to Section 2.00 of the Budget Act of 2016, to read:
2240-491—Reappropriation, Department of Housing and Community Development. The funds appropriated in the following citation that were encumbered as of June 29, 2016, but that were not liquidated on or before June 30, 2016, are reappropriated and encumbered for the same purposes that the funds were encumbered for as of June 29, 2016. Notwithstanding Section 16304.1 of the Government Code, the funds shall be available for liquidation of encumbrances until June 30, 2018.
6038—Building Equity and Growth in Neighborhoods (BEGIN) Fund
(1)
Item 2240-101-6038, Budget Act of 2011 (Ch. 33, Stats. 2011)
SEC. 7.
Item 2660-108-3228 is added to Section 2.00 of the Budget Act of 2016, to read:
2660-108-3228—For local assistance, Department of Transportation, Active Transportation Program (ATP), payable from the Greenhouse Gas Reduction Fund ........................
10,000,000
Schedule:
(1)
1835020-Local Assistance ........................
10,000,000
Provisions:
1.
The funds appropriated in this item shall be available for allocation by the California Transportation Commission until June 30, 2018, and shall be available for encumbrance and liquidation until June 30, 2020.
SEC. 8.
Item 3340-001-0318 of Section 2.00 of the Budget Act of 2016 is amended to read:
3340-001-0318—For support of California Conservation Corps, payable from the Collins-Dugan California Conservation Corps Reimbursement Account ........................
40,706,000
Schedule:
(1)
2360-Training and Work Program ........................
40,706,000
(2)
9900100-Administration ........................
6,042,000
(3)
9900200-Administration—Distributed ........................
−6,042,000
Provisions:
1.
Notwithstanding Section 14316 of the Public Resources Code, the Department of Finance may make a loan from the General Fund to the Collins-Dugan California Conservation Corps Reimbursement Account in the amount of 25 percent of the reimbursements anticipated in the Collins-Dugan California Conservation Corps Reimbursement Account, not to exceed an aggregate total of $7,300,000, to meet cashflow needs from delays in collecting reimbursements. Any loan made by the Department of Finance pursuant to this provision shall only be made if the California Conservation Corps has a valid contract or certification signed by the client agency that demonstrates that sufficient funds will be available to repay the loan. All moneys so transferred shall be repaid to the General Fund as soon as possible, but not later than one year from the date of the loan.
2.
Notwithstanding Section 28.50, the Department of Finance may augment this item to reflect increases in reimbursements to the Collins-Dugan California Conservation Corps Reimbursement Account received from another officer, department, division, bureau, or other agency of the state that has requested services from the California Conservation Corps. Any augmentation that is deemed to be necessary on a permanent basis shall be submitted for review as a part of the regular budget process.
3.
Notwithstanding Section 28.00, the Department of Finance may augment this item to reflect increases in reimbursements to the Collins-Dugan California Conservation Corps Reimbursement Account received from a local government, the federal government, or nonprofit organizations requesting emergency services from the California Conservation Corps after it has notified the Legislature through a letter to the Joint Legislative Budget Committee. Any augmentation that is deemed to be necessary on a permanent basis shall be submitted for review as a part of the regular budget process.
4.
Of the amount provided in this item, $3,000,000 is from the Department of Forestry and Fire Protection and shall be available for forest health projects targeting the highest fire risk areas of the state.
SEC. 9.
Item 3540-001-3228 is added to Section 2.00 of the Budget Act of 2016, to read:
3540-001-3228— For support of Department of Forestry and Fire Protection, payable from the Greenhouse Gas Reduction Fund ........................
40,000,000
Schedule:
(1)
2470-Resource Management ........................
40,000,000
Provisions:
1.
Of the amount appropriated in this item, $25,000,000 shall be available for healthy forest programs, including fuels treatment, pest and diseased tree removal, and long-term protection of forested lands. Of the amount dedicated to healthy forests programs, $3,000,000 shall be used to partner with the California Conservation Corps for forest health projects targeting the highest fire risk areas of the state.
2.
Of the amount appropriated in this item, $15,000,000 shall be available for urban forestry programs.
3.
The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2018, for support or local assistance and shall be available for liquidation until June 30, 2020.
SEC. 10.
Item 3900-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read:
3900-101-3228—For local assistance, State Air Resources Board, payable from the Greenhouse Gas Reduction Fund ........................
368,000,000
Schedule:
(1)
3510-Climate Change ........................
368,000,000
Provisions:
1.
Of the amount appropriated in this item, $133,000,000 shall be used for the Clean Vehicle Rebate Project.
2.
Of the amount appropriated in this item, $80,000,000 shall be used for the Enhanced Fleet Modernization Program and Plus-Up Pilot Project. Of the $80,000,000, up to $20,000,000 may be used for other light-duty equity pilot projects authorized pursuant to Chapter 530 of the Statutes of 2014 (SB 1275).
3.
Of the amount appropriated in this item, $150,000,000 shall be used for heavy duty vehicles and off-road equipment investments.
4.
Of the amount appropriated in this item, $5,000,000 shall be used for black carbon woodsmoke programs.
5.
The funds appropriated in this item shall be available for encumbrance until June 30, 2018, and shall be available for liquidation of encumbrances until June 30, 2020.
SEC. 11.
Item 3970-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read:
3970-101-3228— For local assistance, Department of Resources Recycling and Recovery, payable from the Greenhouse Gas Reduction Fund ........................
40,000,000
Schedule:
(1)
3700-Waste Reduction and Management ........................
40,000,000
Provisions:
1.
Of the amount appropriated in this item, $40,000,000 shall be used for Waste Diversion and Greenhouse Gas Reduction Financial Assistance programs as specified in Section 42999 of the Public Resources Code.
2.
The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2018, for support or local assistance and shall be available for liquidation until June 30, 2020. Not more than five percent of the amount appropriated in this item may be used for the administrative costs of Waste Diversion and Greenhouse Gas Reduction Financial Assistance programs as specified in Section 42999 of the Public Resources Code.
3.
This appropriation shall become operative only if Senate Bill 1383 of the 2015–16 Regular Session is enacted and becomes operative.
SEC. 12.
Item 4700-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read:
4700-101-3228—For local assistance, Department of Community Services and Development, for weatherization and renewable energy projects, payable from the Greenhouse Gas Reduction Fund ........................
20,000,000
Schedule:
(1)
4180-Energy Programs ........................
20,000,000
Provisions:
1.
The funds appropriated in this item shall be available for low-income weatherization programs.
2.
The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2018, for support or local assistance, and shall be available for liquidation until June 30, 2020. Not more than five percent of the amount appropriated in this item may be used for the administrative costs of low-income weatherization programs.
SEC. 13.
Item 8570-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read:
8570-101-3228— For local assistance, Department of Food and Agriculture, payable from the Greenhouse Gas Reduction Fund ........................
65,000,000
Schedule:
(1)
6590-General Agricultural Activities ........................
65,000,000
Provisions:
1.
Of the amount appropriated in this item, $50,000,000 shall be used for early and extra methane emissions reductions from dairy and livestock operations. This provision shall become operative only if Senate Bill 1383 of the 2015–16 Regular Session is enacted and becomes operative.
2.
Of the amount appropriated in this item, $7,500,000 shall be used for the Healthy Soils Program, including no-till and compost applications.
3.
Of the amount appropriated in this item, $7,500,000 shall be available for the State Water Efficiency and Enhancement Program.
4.
The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2018, for support or local assistance and shall be available for liquidation until June 30, 2020. Not more than ten percent of the amount appropriated in this item may be used for the administrative costs.
SEC. 14.
Section 39.00 of the Budget Act of 2016 is amended to read:
SEC. 39.00.
The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 1600, AB 1601, AB 1602, AB 1603, AB 1604, AB 1605, AB 1606, AB 1607, AB 1608, AB 1609, AB 1610, AB 1611, AB 1612, AB 1614, AB 1615, AB 1616, AB 1617, AB 1618, AB 1619, AB 1620, AB 1621, AB 1624, AB 1625, AB 1626, AB 1627, AB 1628, AB 1629, AB 1630, AB 1632, AB 1633, AB 1634, AB 1635, AB 1636, SB 828, SB 829, SB 831, SB 832, SB 833, SB 834, SB 835, SB 836, SB 837, SB 838, SB 839, SB 840, SB 841, SB 842, SB 843, SB 844, SB 845, SB 846, SB 847, SB 848, SB 849, SB 850, SB 851, SB 852, SB 854, SB 855 SB 856, SB 857, SB 858, SB 859, SB 860, SB 861, SB 862, SB 863, SB 864, and SB 865.
SEC. 15.
This act is a Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution and shall take effect immediately.


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

SECTION 1.
Section 933.05 of the
Penal Code
is amended to read:
933.05.
(a)For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:
(1)The respondent agrees with the finding.
(2)The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b)For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1)The recommendation has been implemented, with a summary regarding the implemented action.
(2)The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3)The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4)The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
(c)If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.
(d)(1)A grand jury shall request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release.
(2)A grand jury may disclose the factual data used in making its findings during discussions conducted pursuant to paragraph (1).
(3)A grand jury may provide to a subject person or entity for comment an administrative draft of that portion of the grand jury’s report relating to that subject person or entity. An administrative draft provided pursuant to this paragraph shall include proposed grand jury findings, may include the factual data utilized in making the grand jury’s findings, and shall not include the grand jury’s recommendations. Within a time period determined by the grand jury, but no sooner than 10 days after the grand jury submits an administrative draft of its report to a subject person or entity for comment, the subject person or entity may file with the grand jury written comments on the findings and data included in the administrative draft pertaining to that subject person or entity. An officer, agency, department, or governing body of a public agency shall not disclose any contents of the administrative draft of the report prior to the public release of the final report.
(e)During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental.
(f)A grand jury shall provide to the affected agency for comment a copy of the portion of the grand jury report relating to that person or entity no later than 10 days prior to its public release and after the approval of the presiding judge. All written comments of the affected agency may be submitted to the presiding judge of the superior court who impaneled the grand jury no later than 10 days after receipt of a copy of the grand jury final report by the affected agency. A copy of all written comments by the affected agency shall be placed on file as part of the contents of the applicable grand jury final report and included in the public release of the final report. An officer, agency, department, or governing body of a public agency shall not disclose any contents of the report prior to the public release of the final report.
(g)(1)Notwithstanding any other law, except as provided in paragraph (2), the governing body of an affected agency may meet in closed session to discuss and prepare written comments of the affected agency to both of the following:
(A)The findings and factual data contained in an administrative draft of the grand jury report submitted for comment by a grand jury pursuant to paragraph (3) of subdivision (d).
(B)A grand jury final report submitted for comment by a grand jury pursuant to subdivision (f).
(2)If the legislative body of a local agency meets to discuss the final report of the grand jury at either a regular or special meeting after the public release of a grand jury final report, the legislative body shall do so in a meeting conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) unless exempted from this requirement by some other provision of law.
SECTION 1.
Section 933.05 of the Penal Code is amended to read:
933.05.
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
(c)
However, if
If
a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.
(d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release.
(e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental.
(f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report.
(g) This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 2.
Section 933.05 is added to the Penal Code, to read:
933.05.
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
(c) If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.
(d) (1) A grand jury shall conduct at least one exit interview of an official or other responsible representative of each entity to which recommendations will be directed in a final grand jury report. The grand jury shall read to, and discuss with, the exit interviewee the draft findings of the report that relate to that entity in order to verify the accuracy of the findings.
(2) The grand jury may also discuss with the exit interviewee the facts in that report that support one or more of those findings.
(3) With the court’s approval, the grand jury may provide to the exit interviewee a copy of the draft findings related to that entity and may allow the subject entity to provide written comments to the grand jury concerning the draft findings within a time to be determined by the grand jury, but at least five working days after providing the draft findings to the exit interviewee.
(4) The grand jury shall not reveal to the exit interviewee the name of any person, or another fact that identifies any person, who provided information to the grand jury.
(5) Any draft findings given to the exit interviewee shall remain confidential and shall not be distributed to anyone outside the entity prior to or after the release of the final report. The exit interviewee and any board, officer, employee, or agent of the entity shall not publicly reveal any other information obtained during the exit interview prior to the public release of the report.
(e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental.
(f) A grand jury shall provide to the affected entity a copy of the portion of the grand jury report relating to that person or entity no later than six working days prior to its public release and after the approval of the presiding judge. The subject person or entity may submit a preliminary response on behalf of the affected entity to the presiding judge of the superior court who impaneled the grand jury, with a copy of that preliminary response submitted to the grand jury, no later than six working days after receipt of a copy of the grand jury final report by the affected entity. The grand jury shall, when the final report is publicly released, also release a copy of any preliminary response that relates to the final report either by posting the preliminary response on an Internet Web site or by electronic transmission with the final report. If the grand jury distributes printed copies of the report, the preliminary response or a citation to the Internet Web site where the report and preliminary response, if any, are posted shall be included with or in the report. A board, officer, employee, agent, department, or governing body of the entity shall not disclose any contents of the report prior to the public release of the final report.
(g) (1) Notwithstanding any other law, except as provided in paragraph (2), the governing body of an affected entity may meet in closed session to do both of the following:
(A) Discuss and prepare written comments of the affected entity to the confidential draft findings and the facts related to those confidential draft findings of the grand jury report submitted to the entity by the grand jury pursuant to paragraph (3) of subdivision (d).
(B) Discuss and prepare a written preliminary response to a grand jury final report submitted to the entity by the grand jury pursuant to subdivision (f).
(2) If the legislative body of a local agency meets to discuss the final report of the grand jury at either a regular or special meeting after the public release of a grand jury final report, the legislative body shall do so in a meeting conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) unless exempted from this requirement by some other law.
(h) This section shall become operative on July 1, 2017.
SEC. 2.
SEC. 3.
The Legislature finds and declares that Section 1 of this act, which amends Section 933.05 of the Penal Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the confidentiality of grand jury investigations and reports, it is necessary for this act to take effect.


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

SECTION 1.
Part 1.87 (commencing with Section 34191.30) is added to Division 24 of the Health and Safety Code, to read:
PART 1.87. Affordable Housing Special Beneficiary District
34191.30
For purposes of this part, the following definitions shall apply:
(a) “Affordable housing” means a dwelling available for purchase or lease by persons and families who qualify as low or moderate income, as defined in Section 50093, very low income households, as defined in Section 50105, or extremely low income households, as defined in Section 50106.
(b) “Beneficiary district” is an affordable housing special beneficiary district established pursuant to this part that exists for a limited duration as a distinct local governmental entity for the express purposes of receiving rejected distributions of property tax revenues and providing financing assistance to promote affordable housing within its boundaries.
(c) “Distributions of property tax revenues” means all property tax revenues a city or county would be entitled to receive pursuant to Part 1.85 (commencing with Section 34170).
34191.35.
(a) Commencing when a successor entity, including a designated local authority established pursuant to subdivision (d) of Section 34173, receives a finding of completion pursuant to Section 34179.7, there exists, within the same geographical boundaries of the jurisdiction of that successor entity, an affordable housing special beneficiary district.
(b) (1) A beneficiary district shall cease to exist on the earlier of the 90th calendar day after the date the Department of Finance approves a request to dissolve the successor entity pursuant to Section 34187, or the 20th anniversary of the date that the successor entity received a finding of completion pursuant to Section 34179.7. On and after the date a beneficiary district ceases to exist, the beneficiary district shall not have the authority to conduct any business, including, but not limited to, taking any action or making any payment, and any funds of the beneficiary district shall automatically transfer to the city or county that rejected its distributions of property tax revenues pursuant to Section 34191.45 that were thereafter directed to the beneficiary district.
(2) Notwithstanding Section 34191.40, the terms of the members of the board of a beneficiary district shall expire on the date the beneficiary district ceases to exist.
(3) Any legal right of the beneficiary district on or after the date the beneficiary district ceases to exist, including, but not limited to, the right to repayment pursuant to a loan made by the beneficiary district, is the right of the city or county that rejected its distributions of property tax revenues pursuant to Section 34191.45 that was thereafter directed to the beneficiary district.
34191.40.
(a) A beneficiary district shall be governed by a board composed of the following five members:
(1) Three members of the city council, if a city formed the redevelopment agency, or three members of the board of supervisors, if a county formed the redevelopment agency. The three members shall be appointed by the city council or board of supervisors, as applicable.
(2) The treasurer of the city or county that formed the redevelopment agency.
(3) One member of the public who lives within the boundaries of the beneficiary district who is appointed by the city council or county board of supervisors of the city or county that formed the redevelopment agency.
(b) The board shall elect one of its members as the chairperson.
(c) Each member shall serve a term of four years from the date of his or her appointment. Vacancies on the board shall be filled by the appointing authority for a new four-year term. A member may be reappointed.
(d) Each member shall serve without compensation.
34191.45.
(a) Notwithstanding any other law, a city or county may by ordinance or resolution reject its distributions of property tax revenues that it would otherwise receive pursuant to Part 1.85 (commencing with Section 34170). Except as provided in subdivision (b) of Section 34191.35, on and after the date that a city or county rejects its distributions of property tax revenues, the city or county shall not have any claim to, or control over, the distributions of property tax revenues it may have otherwise received pursuant to Part 1.85 (commencing with Section 34170), and the county auditor-controller shall transfer all of the distributions of property tax revenues to the beneficiary district.
(b) This section shall not apply to any city, county, or city and county that formed a redevelopment agency if either of the following apply:
(1) The city, county, or city and county became the successor agency to the redevelopment agency and did not receive a finding of completion pursuant to Section 34179.7.
(2) The designated local authority of the redevelopment agency, formed pursuant to subdivision (d) of Section 34173, did not receive the finding of completion pursuant to Section 34179.7.
34191.50.
(a) A beneficiary district shall use any funds provided to it for the express purpose of promoting the development of affordable housing within its boundaries.
(b) A beneficiary district may promote the development of affordable housing by doing any of the following:
(1) Issuing bonds to be repaid from the distributions of property tax revenues directed to the beneficiary district.
(2) Providing financial assistance for the development of affordable housing, including, but not limited to, providing loans, grants, and other financial incentives and support.
(3) Taking other actions the board determines will promote the financing of the development of affordable housing within its boundaries.
(c) A beneficiary district shall not undertake any obligation that requires an action after the date it will cease to exist, including, but not limited to, issuing a bond that requires any repayment of the bond obligation after the date the beneficiary district will cease to exist.
34191.55.
(a) A beneficiary district shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(b) When a beneficiary district ceases to exist pursuant to subdivision (b) of Section 34191.35, a public record of the beneficiary district shall be the property of the city or county that rejected its distributions of property tax revenues pursuant to Section 34191.45.


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

SECTION 1.
Section 3003.5 of the Penal Code is amended to read:
3003.5.
(a) Notwithstanding any other
provision of
law, when a person is released on parole after having served a term of imprisonment in state prison for any offense for which registration is required pursuant to Section 290, that person may not, during the period of parole, reside in any
single family
single-family
dwelling with any other person also required to register pursuant to Section 290, unless those persons are legally related by blood, marriage, or adoption. For purposes of this section,
“single family
“single-family
dwelling” shall not include a residential facility
which
that
serves six or fewer persons.
(b)
(1)
Notwithstanding any other
provision of
law, it is unlawful for any person
convicted of any of the offenses enumerated in Section 667.61 and
for whom registration is required pursuant to Section 290 to reside within
2000
2,000
feet of any public or private school, or park where children regularly gather.
The 2,000-foot residency restriction shall be measured by the shortest practical pedestrian or vehicle path.
(2) The state parole authority shall enforce the residency restriction required pursuant to this section until the sex offender is discharged from parole unless any of the following occur:
(A) The offender is subject to a greater preexisting residency restriction.
(B) The residency restriction is modified within the county in which the offender resides as provided by Section 3003.51.
(C) The residency restriction is found unconstitutional as applied within the county and no modified restriction can be constitutionally enforced.
(3) Any person subject to the residency restriction imposed pursuant to paragraph (1) may, if compliance is not reasonably possible within his or her county, seek relief pursuant to Section 3003.51.
(c) Nothing in this section shall prohibit municipal jurisdictions from enacting local ordinances that further restrict the residency of any person for whom registration is required pursuant to Section 290.
SEC. 2.
Section 3003.51 is added to the Penal Code, to read:
3003.51.
(a) Any person prohibited pursuant to Section 3003.5 from living within 2,000 feet of any public or private school, or park where children regularly gather, may seek relief from those restrictions if he or she cannot comply with the restriction because of the unavailability of compliant housing within his or her county of domicile.
(b) Any person seeking relief under this section may file a petition with the superior court of the county in which he or she resides. Notice of the petition shall be timely served on the state parole authority or other entity enforcing the subject sex offender residency restrictions.
(c) Notwithstanding any other law, original jurisdiction for any petition filed pursuant to this section shall lie with the appellate division of the superior court in which the petition is filed. The court may consolidate all pending petitions.
(d) The appellate division of the superior court in which the petition is filed pursuant to this section may grant the petition in whole or in part if the petitioner establishes by a preponderance of the evidence, and the court finds, each of the following:
(1) There is a pervasive lack of compliant housing within the petitioner’s county of domicile.
(2) The petitioner is among a substantial proportion of sex offenders subject to the 2,000 foot residency restriction who have, despite good faith efforts, been unable to find compliant housing within the county.
(3) The 2,000 foot restriction is the principal reason that those without a residence have been unable to find compliant housing.
(e) (1) Relief granted pursuant to this section may modify residential distance restrictions to comport with the geographic constraints within the subject county but modifications shall be narrowly crafted in order to substantially comply with the intent of the people in approving Section 3003.5.
(2) The court may, if necessary, bifurcate the application of residency restrictions so as to apply discrete restrictions to those who have been convicted of child molestation or other felony sex offenses involving victims under 18 years of age.
(f) If relief is granted or denied pursuant to this section, no subsequent petition shall be heard, unless the petitioner or petitioners establish in the petition, to the satisfaction of the court, both of the following:
(1) There has been a change of circumstances based upon a substantial decline in the availability of compliant housing.
(2) There has been a corresponding increase in the percentage of sex offenders who are unable to comply with the residency restriction due to the change of circumstances described in paragraph (1) since the court ruling on the prior petition.
SEC. 3.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to protect the public at the earliest possible time, it is necessary that this act take effect immediately.


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

SECTION 1.
Section 25503.36 is added to the Business and Professions Code, to read:
25503.36.
(a) Notwithstanding any other provision of this division, an authorized licensee may sponsor events promoted by, and may purchase advertising space and time from, or on behalf of, a live entertainment marketing company in connection with events organized and conducted by the live entertainment marketing company on the premises of a permanent retail licensee located at the San Diego County Fairgrounds, located in the City of Del Mar in the County of San Diego, subject to all of the following conditions:
(1) The live entertainment marketing company operates and promotes live artistic, musical, sports, or cultural entertainment events only.
(2)  The events will take place over a period of no more than four consecutive days during which approximately 100 acts will perform before approximately 20,000 or more patrons.
(3) The live entertainment marketing company is a Delaware limited liability company that is under common ownership, management, or control by a private equity firm that may also have common ownership, management, or control of a licensed California winery, provided the winery represents not more than 25 percent of the assets under common ownership, management, or control by the private equity firm or its subsidiaries, and the live entertainment marketing company exercises no control over the operations of the winery. Any authorized licensee sponsoring an event or purchasing advertising space or time, pursuant to this section, shall obtain written verification of compliance with this subdivision prior to such sponsorship or the purchase of advertising space or time.
(4) Any on-sale licensee operating at the San Diego County Fairgrounds shall serve other brands of beer, distilled spirits, and wine distributed by a competing wholesaler or manufacturer in addition to any brand manufactured, distributed, or owned by the authorized licensee sponsoring an event or purchasing advertising space or time pursuant to this section.
(5) An agreement pursuant to this section shall not be conditioned directly or indirectly on the purchase, sale, or distribution of any alcoholic beverage manufactured or distributed by any authorized licensee sponsoring or purchasing advertising space or time pursuant to this section.
(b) Any sponsorship of events or purchase of advertising space or time conducted pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the authorized licensee and the live entertainment marketing company.
(c) Any authorized licensee who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200.
(d) Any on-sale retail licensee who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit an authorized licensee to purchase advertising time or space pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200.
(e) Nothing in this section shall authorize the purchasing of advertising space or time directly from, or on behalf of, any on-sale licensee except as expressly authorized by this section or any other provision of this division.
(f) Nothing in this section shall authorize an authorized licensee to furnish, give, or lend anything of value to an on-sale retail licensee described in subdivision (a) except as expressly authorized by this section or any other provision of this division.
(g) For purposes of this section, the following definitions shall apply:
(1) “Authorized licensee” means the following licensees: beer manufacturer, out-of-state beer manufacturer’s certificate, winegrower, winegrower’s agent, importer, rectifier, distilled spirits manufacturer, distilled spirits rectifier general, distilled spirits manufacturer’s agent.
(2) Except for a licensee that holds only a beer and wine importer general license or a distilled spirits importer general license, “importer” does not include the holder of any importer license that does not also hold at least one other license specified as an authorized licensee.
(h) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exception established by this section to the general prohibition against tied interests must be limited to its expressed terms so as not to undermine the general prohibition, and intends that this section be construed accordingly.
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 conditions located in the County of San Diego.
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.
SEC. 4.
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 allow for the sponsoring of events within the County of San Diego as soon as possible, it is necessary that this act take effect immediately.


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

SECTION 1.
Section 527.11 of the Code of Civil Procedure is amended to read:
527.11.
(a) The owner or owner’s agent of vacant real property may register the property with the local law enforcement agency using the form contained in subdivision (a) of Section 527.12.
(1) The registration shall be signed under penalty of perjury and state that the property is vacant and is not authorized to be occupied by any person.
(2) The registration shall be accompanied with a statement providing the name, address, and telephone number at which the owner can be contacted within a 24-hour period and a statement that either the law enforcement agency or a licensed private security services company has been retained to comply with the inspection and reporting provisions of this section, together with a copy of any agreement or contract to perform those services.
(b) The owner or the owner’s agent shall register the vacant property no later than three days after the owner or owner’s agent learns that the property is vacant.
(c) The owner or owner’s agent, immediately after authorizing a person to occupy the vacant property, shall do both of the following:
(1) Issue a written authorization to the person authorized to occupy the property.
(2) Notify the law enforcement agency where the property is registered and terminate the registration.
(d)  The owner or the owner’s agent, immediately upon the sale of the vacant property, shall notify the law enforcement agency where the property is registered that the property has been sold, and to terminate the registration.
(e) The licensed private security services company or law enforcement agency selected by the owner or owner’s agent pursuant to this section shall do both of the following:
(1) Inspect the vacant property not less than once every three days.
(2) Immediately notify the law enforcement agency with which the property is registered if any unauthorized person is found on the property.
(f) The law enforcement agency where the property is registered shall respond as soon as practicable after being notified pursuant to paragraph (2) of subdivision (e) that an unauthorized person is found on the property. The responding officer shall do all of the following:
(1) Verify that the property was inspected within the last three days pursuant to paragraph (2) of subdivision (e) and found to be vacant.
(2) Ascertain the identity of any person who is found on the property.
(3) Require a person who is found on the property to produce written authorization to be on the property or other evidence demonstrating the person’s right to possession.
(4) Notify any person who does not produce written authorization or other evidence pursuant to paragraph (3) that the owner or owner’s agent may seek to obtain a court order pursuant to subdivision (g) and that the person will be subject to arrest for trespass if the person is subsequently found on the property in violation of that order.
(5) Verify with the owner or the owner’s agent that the property is vacant.
(g)  (1) The owner or owner’s agent of vacant real property may file an action for a temporary restraining order and injunctive relief against any person who is found on the vacant property not less than 48 hours after that person has been notified pursuant to paragraph (4) of subdivision (f). A person subject to a temporary restraining order or an injunction obtained pursuant to this subdivision is subject to arrest and imprisonment for trespass pursuant to Section 602.5 of the Penal Code for failing to vacate the property pursuant to the temporary restraining order or injunction and for civil contempt for violating a court order.
(2) The summons and complaint in an action brought pursuant to this subdivision may be served personally or by posting a copy of the summons and complaint at a prominent location on the property and mailing a copy of the summons and complaint to the property’s address. Posting and mailing a copy of the summons and complaint shall be sufficient service even if the mailed copy is returned as undeliverable if the owner or owner’s agent has proof of the mailing.
(3) The court may order a hearing on a temporary restraining order within three days following service of the summons and complaint. The date, time, and location of the hearing may be included with the summons and complaint or may be separately served on any person occupying the property in the manner set out in paragraph (2).
(4) The court may include in any temporary restraining order granted pursuant to this subdivision an order directing that the property be vacated in not less than 48 hours. The order may be enforced by the local law enforcement agency where the property is registered or the county sheriff.
(5) The disposition of any personal property of a person subject to a temporary restraining order or an injunction pursuant to this subdivision shall be governed by the procedures set forth in Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3 of the Civil Code. The person subject to the temporary restraining order or injunction shall be deemed to be a former tenant of the property for purposes of the disposition of personal property only.
(h) This section shall not be construed to limit an owner from seeking other legal remedies to have a person removed from the vacant property pursuant to any other law.
(i) A temporary restraining order or injunction ordering a person to vacate and remove personal property pursuant to this section shall not constitute a forcible entry under the provisions of Section 1159 of the Code of Civil Procedure.
(j) The local city council or board of supervisors shall establish fees for registering a vacant property with the local law enforcement agency and for the conduct of inspections by the law enforcement agency pursuant to this section, including all activities conducted by the law enforcement agency pursuant to subdivision (f).
(k) This section applies only to one- to four-unit residences in
the City of Eureka in the County of Humboldt,
the Cities of Palmdale and Lancaster in the County of Los Angeles
and
,
the City of Ukiah in the County of Mendocino
, the City of Fairfield in the County of Solano, and the Counties of Humboldt and Lake
.
(l) 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. 2.
Section 527.12 of the Code of Civil Procedure is amended to read:
527.12.
(a) A property owner, or an agent of the property owner, may execute a “Declaration of Ownership” that includes language substantially similar to the language below and file it with the local law enforcement agency of the jurisdiction in which the property is located. If the property owner, or the agent of the property owner, files the declaration with the local law enforcement agency, he or she shall also post the declaration on the unoccupied residential property listed in the declaration.

“DECLARATION OF OWNERSHIP OF RESIDENTIAL REAL PROPERTY

I, ____________________, declare and state: I make this declaration based upon my own personal knowledge.
1. I am the owner___, or the agent of the owner___(check one), of the residential property located at _____________________, California (“Property”).
2. Submitted with this declaration, and incorporated herein by reference, is a true and correct copy of the deed by which I obtained ownership of the Property.
3. Since obtaining ownership of the Property, no ownership interest in the Property has been conveyed or transferred to any other person or entity.
4. At the time of obtaining ownership of the Property, no person was occupying the Property and no ownership interest or right of possession in the Property has been conveyed or transferred to any other person or entity.
5. As of the present date, there are no persons authorized by me or my agent to reside within the Property. Any persons residing on this Property are doing so without any express or implied authorization from me or my agent.
6. I have not entered into any form of lease arrangement, rental agreement, or given any consent whatsoever to any persons to reside within the Property.
7. I will advise the local law enforcement agency if there is any change in the status of the Property and an occupancy is authorized by me or my agent.
8. I declare under penalty of perjury that the foregoing is true and correct.

EXECUTED on _________________________________, at _______________________, California”

(b) Notwithstanding Section 47 of the Civil Code, a property owner, or agent thereof, who files a declaration pursuant to this section that includes false information regarding the right to possess the property is liable to any person who, as a result of the declaration, is caused to vacate the property, for reasonable attorney’s fees, special damages not to exceed $2,000, and all damages resulting from the person having to vacate the property.
(c) This section applies only to one- to four-unit residences in
the City of Eureka in the County of Humboldt,
the Cities of Palmdale and Lancaster in the County of Los Angeles
and
,
the City of Ukiah in the County of Mendocino
, the City of Fairfield in the County of Solano, and the Counties of Humboldt and Lake
.
(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.
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 City of Eureka in the County of Humboldt, the City of Fairfield in the County of Solano, and the Counties of Humboldt and Lake, it is first necessary to establish this program in a limited setting to analyze its effectiveness before considering an extension to other local jurisdictions.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other 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.
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:
This authorization is necessary to expand the pilot program created in 2014 by Assembly Bill 1513 (Ch. 666, Stats. 2014) to those local jurisdictions that have expressly requested inclusion in this program to enable them to address the challenges they are facing with squatters in their respective jurisdictions.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) Over the next 10 years, the state faces a $59 billion shortfall to adequately maintain the state highway system in a basic state of good repair.
(b) The 21st Annual Highway Report by the Reason Foundation, published in September 2014, found the following:
(1) California has 50,462 lane miles of highways under the administration of the Department of Transportation (Caltrans).
(2) Overall, California spent $501,136 per state mile of highway, more than three times the national average, yet California’s state highway system ranks 45th in overall performance and cost effectiveness.
(3) California spent $102,889 per state mile of highway specifically on maintenance, nearly four times the national average.
(4) California spent $48,754 per state mile of highway specifically on administration, more than four times the national average.
(c) The Legislative Analyst’s Office recommended, in the Capital Outlay Support Program Review report issued in May 2014, that Caltrans should be held accountable for the delivery of State Highway Operation and Protection Program (SHOPP) projects by requiring the California Transportation Commission, acting in an independent oversight role, to review and approve individual SHOPP projects, allocate Capital Outlay Support Program funds for SHOPP, and report on Caltrans’ project delivery performance and Caltrans should also be required to provide necessary project information for SHOPP projects to the California Transportation Commission.
SEC. 2.
Section 13975 of the Government Code is amended to read:
13975.
There is in the state government the Transportation Agency. The agency consists of the Department of the California Highway Patrol, the
California Transportation Commission, the
Department of Motor Vehicles, the Department of Transportation, the High-Speed Rail Authority, and the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun.
SEC. 3.
Section 14500 of the Government Code is amended to read:
14500.
There is in
the Transportation Agency
state government
a California Transportation Commission.
The commission shall act in an independent oversight role.
SEC. 4.
Section 14526.5 of the Government Code is amended to read:
14526.5.
(a) Based on the asset management plan prepared and approved pursuant to Section 14526.4, the department shall
prepare
prepare, for review by the commission,
a state highway operation and protection program for the expenditure of transportation funds for major capital improvements that are necessary to preserve and protect the state highway system. Projects included in the program shall be limited to capital improvements relative to maintenance, safety, and rehabilitation of state highways and bridges that do not add a new traffic lane to the system.
As part of the programming process, the department shall program capital outlay support resources for each project in the program.
(b) The program shall include projects that are expected to be advertised prior to July 1 of the year following submission of the program, but which have not yet been funded. The program shall include those projects for which construction is to begin within four fiscal years, starting July 1 of the year following the year the program is submitted.
(c) The department, at a minimum, shall specify, for each project in the state highway operation and protection program, the capital and support budget, as well as a projected delivery date, for each of the following project components:
(1) Completion of project approval and environmental documents.
(2) Preparation of plans, specifications, and estimates.
(3) Acquisition of rights-of-way, including, but not limited to, support activities.
(4) Start of construction.
(d) The
program
department
shall
be submitted
submit its proposed program
to the commission not later than January 31 of each even-numbered year. Prior to submitting
the plan, the
its proposed program, the
department shall make a draft of its proposed program available to transportation planning agencies for review and comment and shall include the comments in its submittal to the commission.
The department shall provide the commission with detailed information for all programmed projects, including, but not limited to, cost, scope, and schedule.
(e) The commission
may
shall
review the
proposed
program relative to its overall adequacy, consistency with the asset management plan prepared and approved pursuant to Section 14526.4 and funding priorities established in Section 167 of the Streets and Highways Code, the level of annual funding needed to implement the program, and the impact of those expenditures on the state transportation improvement program. The commission shall adopt the program and submit it to the Legislature and the Governor not later than April 1 of each even-numbered year. The commission
may decline to adopt the program if the commission determines that the program is not sufficiently consistent with the asset management plan prepared and approved pursuant to Section 14526.4.
is not required to approve the program in its entirety, as submitted by the department, and may approve or reject individual projects programmed by the department. The commission shall adopt a program of approved projects and submit it to the Legislature and the Governor not later than April 1 of each even-numbered year.
(f) Expenditures for these projects shall not be subject to Sections 188 and 188.8 of the Streets and Highways Code.
(g) Following adoption of the state highway operation and protection program by the commission, any change in a programmed project’s cost, scope, or schedule shall be submitted by the department to the commission for its approval before the changes may be implemented.
SEC. 5.
Section 14534.1 of the Government Code is repealed.
14534.1.
Notwithstanding Section 12850.6 or subdivision (b) of Section 12800, as added to this code by the Governor’s Reorganization Plan No. 2 of 2012 during the 2011–12 Regular Session, the commission shall retain independent authority to perform those duties and functions prescribed to it under any provision of law.


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

SECTION 1.
Section 245.5 of the Labor Code is amended to read:
245.5.
As used in this article:
(a) “Employee” does not include the following:
(1) An employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees, final and binding arbitration of disputes concerning the application of its paid sick days provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.
(2) An employee in the construction industry covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and regular hourly pay of not less than 30 percent more than the state minimum wage rate, and the agreement either (A) was entered into before January 1, 2015, or (B) expressly waives the requirements of this article in clear and unambiguous terms. For purposes of this subparagraph, “employee in the construction industry” means an employee performing work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades.
(3) A provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code.
(4) An individual employed by an air carrier as a flight deck or cabin crew member that is subject to the provisions of Title II of the federal Railway Labor Act (45 U.S.C. Sec. 151 et seq.), provided that the individual is provided with compensated time off equal to or exceeding the amount established in paragraph (1) of subdivision (b) of Section 246.
(5) An employee of the state, city, county, city and county, district, or any other public entity who is a recipient of a retirement allowance and employed without reinstatement into his or her respective retirement system pursuant to either Article 8 (commencing with Section 21220) of Chapter 12 of Part 3 of Division 5 of Title 2 of the Government Code, or Article 8 (commencing with Section 31680) of Chapter 3 of Part 3 of Division 4 of Title 3 of the Government Code.
(b) “Employer” means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities.
(c) “Family member” means any of the following:
(1) A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.
(2) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.
(3) A spouse.
(4) A registered domestic partner.
(5) A grandparent.
(6) A grandchild.
(7) A sibling.
(d) “Health care provider” has the same meaning as defined in paragraph (6) of subdivision (c) of Section 12945.2 of the Government Code.
(e) “Paid sick days” means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246.5.
SEC. 2.
Section 246 of the Labor Code is amended to read:
246.
(a) An employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in this section.
(b) (1) An employee shall accrue paid sick days at the rate of not less than one hour per every 30 hours worked, beginning at the commencement of employment or the operative date of this article, whichever is later, subject to the use and accrual limitations set forth in this section.
(2) An employee who is exempt from overtime requirements as an administrative, executive, or professional employee under a wage order of the Industrial Welfare Commission is deemed to work 40 hours per workweek for the purposes of this section, unless the employee’s normal workweek is less than 40 hours, in which case the employee shall accrue paid sick days based upon that normal workweek.
(3) An employer may use a different accrual method, other than providing one hour per every 30 hours worked, provided that the accrual is on a regular basis so that an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period.
(4) An employer may satisfy the accrual requirements of this section by providing not less than 24 hours or three days of paid sick leave that is available to the employee to use by the completion of his or her 120th calendar day of employment.
(c) An employee shall be entitled to use accrued paid sick days beginning on the 90th day of employment, after which day the employee may use paid sick days as they are accrued.
(d) Accrued paid sick days shall carry over to the following year of employment. However, an employer may limit an employee’s use of accrued paid sick days to 24 hours or three days in each year of employment, calendar year, or 12-month period. This section shall be satisfied and no accrual or carry over is required if the full amount of leave is received at the beginning of each year of employment, calendar year, or 12-month period. The term “full amount of leave” means three days or 24 hours.
(e) An employer is not required to provide additional paid sick days pursuant to this section if the employer has a paid leave policy or paid time off policy, the employer makes available an amount of leave applicable to employees that may be used for the same purposes and under the same conditions as specified in this section, and the policy satisfies one of the following:
(1) Satisfies the accrual, carry over, and use requirements of this section.
(2) Provided paid sick leave or paid time off to a class of employees before January 1, 2015, pursuant to a sick leave policy or paid time off policy that used an accrual method different than providing one hour per 30 hours worked, provided that the accrual is on a regular basis so that an employee, including an employee hired into that class after January 1, 2015, has no less than one day or eight hours of accrued sick leave or paid time off within three months of employment of each calendar year, or each 12-month period, and the employee was eligible to earn at least three days or 24 hours of sick leave or paid time off within nine months of employment. If an employer modifies the accrual method used in the policy it had in place prior to January 1, 2015, the employer shall comply with any accrual method set forth in subdivision (b) or provide the full amount of leave at the beginning of each year of employment, calendar year, or 12-month period. This section does not prohibit the employer from increasing the accrual amount or rate for a class of employees covered by this subdivision.
(3) Notwithstanding any other law, sick leave benefits provided pursuant to the provisions of Sections 19859 to 19868.3, inclusive, of the Government Code, or annual leave benefits provided pursuant to the provisions of Sections 19858.3 to 19858.7, inclusive, of the Government Code, or by provisions of a memorandum of understanding reached pursuant to Section 3517.5 that incorporate or supersede provisions of Section 19859 to 19868.3, inclusive, or Sections 19858.3 to 19858.7, inclusive of the Government Code, meet the requirements of this section.
(f) (1) Except as specified in paragraph (2), an employer is not required to provide compensation to an employee for accrued, unused paid sick days upon termination, resignation, retirement, or other separation from employment.
(2) If an employee separates from an employer and is rehired by the employer within one year from the date of separation, previously accrued and unused paid sick days shall be reinstated. The employee shall be entitled to use those previously accrued and unused paid sick days and to accrue additional paid sick days upon rehiring, subject to the use and accrual limitations set forth in this section. An employer is not required to reinstate accrued paid time off to an employee that was paid out at the time of termination, resignation, or separation of employment.
(g) An employer may lend paid sick days to an employee in advance of accrual, at the employer’s discretion and with proper documentation.
(h) An employer shall provide an employee with written notice that sets forth the amount of paid sick leave available, or paid time off leave an employer provides in lieu of sick leave, for use on either the employee’s itemized wage statement described in Section 226 or in a separate writing provided on the designated pay date with the employee’s payment of wages. If an employer provides unlimited paid sick leave or unlimited paid time off to an employee, the employer may satisfy this section by indicating on the notice or the employee’s itemized wage statement “unlimited.” The penalties described in this article for a violation of this subdivision shall be in lieu of the penalties for a violation of Section 226. This subdivision shall apply to employers covered by Wage Order 11 or 12 of the Industrial Welfare Commission only on and after January 21, 2016.
(i) An employer has no obligation under this section to allow an employee’s total accrual of paid sick leave to exceed 48 hours or 6 days, provided that an employee’s rights to accrue and use paid sick leave are not limited other than as allowed under this section.
(j) An employee may determine how much paid sick leave he or she needs to use, provided that an employer may set a reasonable minimum increment, not to exceed two hours, for the use of paid sick leave.
(k) For the purposes of this section, an employer shall calculate paid sick leave using any of the following calculations:
(1) Paid sick time for nonexempt employees shall be calculated in the same manner as the regular rate of pay for the workweek in which the employee uses paid sick time, whether or not the employee actually works overtime in that workweek.
(2) Paid sick time for nonexempt employees shall be calculated by dividing the employee’s total wages, not including overtime premium pay, by the employee’s total hours worked in the full pay periods of the prior 90 days of employment.
(3) Paid sick time for exempt employees shall be calculated in the same manner as the employer calculates wages for other forms of paid leave time.
(l) If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable.
(m) An employer shall provide payment for sick leave taken by an employee no later than the payday for the next regular payroll period after the sick leave was taken.
SEC. 3.
Section 247.5 of the Labor Code is amended to read:
247.5.
(a) An employer shall keep for at least three years records documenting the hours worked and paid sick days accrued and used by an employee, and shall allow the Labor Commissioner to access these records pursuant to the requirements set forth in Section 1174. An employer shall make these records available to an employee in the same manner as described in Section 226. If an employer does not maintain adequate records pursuant to this section, it shall be presumed that the employee is entitled to the maximum number of hours accruable under this article, unless the employer can show otherwise by clear and convincing evidence.
(b) Notwithstanding any other provision of this article, an employer is not obligated to inquire into or record the purposes for which an employee uses paid leave or paid time off.
SEC. 4.
The provisions of this measure are severable. If any provision of this measure or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 5.
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 clarify provisions of Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, for the purposes of ensuring an effective and smooth implementation of the Healthy Workplaces, Healthy Families Act of 2014, it is necessary that this act take effect immediately.