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

SECTION 1.
Section 9204 is added to the Public Contract Code, to read:
9204.
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 2.
The Legislature finds and declares that it is of statewide concern to require a charter city, charter county, or charter city and county to follow a prescribed claims resolution process to ensure there are uniform and equitable procurement practices.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.


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

SECTION 1.
Section 11166.02 is added to the Penal Code, to read:
11166.02.
(a) A county welfare agency, as determined in Section 10612.5 of the Welfare and Institutions Code, may develop a pilot program for Internet-based reporting of child abuse and neglect. The pilot program may receive reports by mandated reporters, as specified in paragraph (5), of suspected child abuse or neglect and shall meet all of the following conditions:
(1) The suspected child abuse or neglect does not indicate that the child is subject to an immediate risk of abuse, neglect, or exploitation or that the child is in imminent danger of severe harm or death.
(2) The agency provides an Internet form that includes standardized safety assessment qualifying questions in order to obtain necessary information required to assess the need for child welfare services and a response. The State Department of Social Services shall provide guidance through written directives to counties participating in the pilot program to incorporate qualifying questions in the online report that would indicate the need to redirect the mandated reporter to perform a telephone report.
(3) The mandated reporter is required to complete all required fields, including identity and contact information of the mandated reporter, in order to submit the report.
(4) The agency provides an Internet-based reporting system that has appropriate security protocols to preserve the confidentiality of the reports and any documents or photographs submitted through the system.
(5) The system can only be used by mandated reporters who are any of the following:
(A) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(B) A probation officer or social worker, as defined in Section 215 of the Welfare and Institutions Code.
(C) A school teacher, counselor, or administrator.
(D) A physician and surgeon, psychologist, licensed nurse, or clinical social worker licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code.
(E) A coroner.
(6) Nothing in this section shall be construed as changing current statutory or regulatory requirements regarding timely review, assessment, and response to reports of possible abuse or neglect.
(b) (1) In a county where the pilot program is active, a mandated reporter listed in paragraph (5) of subdivision (a) may use the Internet-based reporting tool in lieu of the required initial telephone report required by subdivision (a) of Section 11166. A mandated reporter listed in paragraph (5) of subdivision (a) submitting an Internet-based report in accordance with this subdivision shall, as soon as practically possible, cooperate with the agency on any requests for additional information if needed to investigate the report, subject to applicable confidentiality requirements.
(2) In a county where the pilot program is active, a mandated reporter who submits the initial report through the Internet-based reporting tool in lieu of the required initial telephone report is not required to submit the written followup report required pursuant to subdivision (a) of Section 11166.
(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.
SEC. 2.
Section 10612.5 is added to the Welfare and Institutions Code, to read:
10612.5.
(a) The department shall consult with the County Welfare Directors Association of California and any interested county welfare agencies to determine which counties may be involved in the pilot program established pursuant to Section 11166.02 of the Penal Code. The pilot program may operate in up to 10 counties.
(b) The department shall oversee and administer the pilot program through the issuance of written directives that shall have the same force and effect as regulations. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(c) A county that chooses to participate in the pilot program shall hire an evaluator to monitor the implementation of the program in accordance with directives issued by the department pursuant to subdivision (b).
(d) (1) In addition to any requirements set forth by the department under this section, a county that participates in the pilot program shall, in collaboration with the County Welfare Directors Association of California and the department, develop outcome measures to determine the effectiveness of the pilot program of the county during the duration of the pilot program, which may include the following:
(A) The number of reports provided by telephone and any increase or decrease in the usage of telephone reports.
(B) The number of reports provided through the Internet-based reporting system and any increase or decrease in usage of the system.
(C) Any increase or decrease in the number of emergency or nonemergency telephone reports.
(D) Any increase or decrease in the overall number of emergency or nonemergency reports.
(2) A county that participates in the pilot program shall, on or before January 1, 2020, provide information to the Assembly Committee on Human Services and the Senate Committee on Human Services pertaining to the effectiveness of the pilot program based on the outcome measures developed pursuant to this subdivision.
(e) The department may conclude the pilot program on a county-by-county basis prior to January 1, 2021, if the evaluation and monitoring indicate the pilot program is compromising the safety of children.
(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.


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

SECTION 1.
Section 6795.2 is added to the Business and Professions Code, to read:
6795.2.
(a) At the time of renewal specified in Section 6795 or 6796, the board shall administer an assessment of the certificate holder to reinforce the certificate holder’s knowledge of state laws and the board’s rules and regulations. Failure to complete this assessment within 60 days after the date of expiration of the certificate may result in disciplinary action under Section 6775, but shall not affect the renewal of the certificate.
(b) The crime in subdivision (j) of Section 6787 shall not apply to this section.
(c) The board shall not charge the certificate holder a fee for the administration or development of the assessment.
(d) For the purposes of this section, “assessment” means an online program that contains educational reading material and questions. The material shall be based on state law and the board’s rules and regulations relating to the practice of professional engineers. The scope of the assessment shall be limited to the board’s top five types of violations related to the administrative and procedural aspects of the practice of professional engineers and any changes or additions to existing law related to such administrative and procedural aspects.
SEC. 2.
Section 7841.1 of the Business and Professions Code is amended to read:
7841.1.
An applicant for licensure as a geophysicist shall have all of the following qualifications. This section shall not apply to applicants for licensure as geologists.
(a) Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480.
(b) Meet one of the following educational requirements fulfilled at a school or university whose curricula meet criteria established by rules of the board.
(1) Graduation with a major in a geophysical science or any other discipline that, in the opinion of the board, is relevant to geophysics.
(2) Completion of a combination of at least 30 semester hours, or the equivalent, in courses that, in the opinion of the board, are relevant to geophysics. At least 24 semester hours, or the equivalent, shall be in the third or fourth year, or graduate courses.
(c) Have at least seven years of professional geophysical work that shall include either a minimum of three years of professional geophysical work under the supervision of a professional geophysicist, except that prior to July 1, 1973, professional geophysical work shall qualify under this subdivision if it is under the supervision of a qualified geophysicist, or a minimum of five years’ experience in responsible charge of professional geophysical work. Professional geophysical work does not include the routine maintenance or operation of geophysical instruments, or, even if carried out under the responsible supervision of a professional geophysicist, the routine reduction or plotting of geophysical observations.
Each year of undergraduate study in the geophysical sciences referred to in this section shall count as one-half year of training up to a maximum of two years, and each year of graduate study or research counts as a year of training.
Teaching in the geophysical sciences referred to in this section at a college level shall be credited year for year toward meeting the requirement in this category, provided that the total teaching experience includes six semester units per semester, or equivalent if on the quarter system, of the third or fourth year or graduate courses.
Credit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of four years towards meeting the requirements for at least seven years of professional geophysical work as set forth above.
The ability of the applicant shall have been demonstrated by his or her having performed the work in a responsible position, as the term “responsible position” is defined in regulations adopted by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it.
(d) Successfully pass a written examination that shall test the applicant’s knowledge of state laws, rules, and regulations, and of the principles and practices of geophysics within this state. The board shall administer the test on the state laws and the board’s rules and regulations as a separate part of the examination for licensure as a geophysicist.
SEC. 3.
Section 7881.5 is added to the Business and Professions Code, to read:
7881.5.
(a) At the time of renewal specified in Section 7880 or 7881, the board shall administer an assessment of the certificate holder to reinforce the certificate holder’s knowledge of state laws and the board’s rules and regulations. Failure to complete this assessment within 60 days after the date of expiration of the certificatcified in Section 8801 or 8802, the board shall administer an assessment of the licenseholder to reinforce the licenseholder’s knowledge of state laws and the board’s rules and regulations. Failure to complete this assessment within 60 days after the date of expiration of the license may result in disciplinary action under Section 8780, but shall not affect the renewal of the license.
(b) The crime in subdivision (j) of Section 8792 shall not apply to this section.
(c) The board shall not charge the licenseholder a fee for the administration or development of the assessment.
(d) For the purposes of this section, “assessment” means an online program that contains educational reading material and questions. The material shall be based on state law and the board’s rules and regulations relating to the practice of professional land surveyors. The scope of the assessment shall be limited to the board’s top five types of violations related to the administrative and procedural aspects of the practice of professional land surveyors and any changes or additions to existing law related to such administrative and procedural aspects.


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

SECTION 1.
Article 1 (commencing with Section 104250) is added to Chapter 4 of Part 1 of Division 103 of the Health and Safety Code, to read:
Article  1. Diabetes.
104250.
The Legislature finds and declares all of the following:
(a) It is reported that one in seven adult Californians has diabetes, and the numbers are rising rapidly. The actual number of those whose lives are affected by diabetes is unknown and stands to be much higher when factoring in the incidence of type 1 diabetes and undiagnosed gestational diabetes.
(b) California has the greatest number of annual new cases of diabetes in the United States.
(c) The incidence of diabetes amongst all Californians has increased 32 percent over the past decade.
(d) Over 11.4 million people in California have prediabetes, a condition that is a precursor to full onset type 2 diabetes. This suggests that the total population of those diagnosed will continue to rise in the absence of interventions.
(e) The prevalence of diagnosed gestational diabetes in California has increased 60 percent in just seven years, from 3.3 percent of hospital deliveries in 1998 to 5.3 percent of hospital deliveries in 2005, with the federal Centers for Disease Control and Prevention stating that the diagnosis rate could run as high as 18.3 percent.
(f) The fiscal impact to the State of California, including total health care and related costs for the treatment of diabetes, was over $35.9 billion in 2010.
(g) There is a disproportionate prevalence of type 2 diabetes among Californians who are Black, Hispanic, or of Asian origin compared to the general population. As of 2010, the incidence of diabetes among Black and Hispanic people was nearly double that among non-Hispanic Whites at approximately 14 percent. Asians and Pacific Islanders, in the aggregate, experience higher rates of diabetes than other populations. Certain groups within the Asian and Pacific Islander population experience the highest prevalence and risk overall, including Filipino, South Asians, and Pacific Islanders, who suffer from diabetes at rates of 15 percent, 16 percent, and more than 18 percent, respectively.
(h) A recent study of a large state with a sizable diabetes population found that the rate of diagnosed diabetes in that state’s Medicaid population is nearly double that of its general population.
(i) There is no cure for any type of diabetes; however, there is evidence that diabetes can be prevented or delayed in onset through lifestyle changes and medical intervention.
(j) Diabetes, when left untreated, can lead to serious and costly complications and a reduced lifespan.
(k) Many of these serious complications can be delayed or avoided with timely diagnosis, effective patient self-care, and improved social awareness.
(l) It is the intent of the Legislature to require the State Department of Public Health to provide to the Legislature information, including the annual federal Centers for Disease Control and Prevention progress report, on diabetes prevention and management activities conducted by the State Department of Public Health and expenditures associated with diabetes prevention and management activities. These activities are set forth by the State Department of Public Health in the California Wellness Plan 2014 and the report dated September 2014 entitled “Burden of Diabetes in California.”
104251.
(a) The State Department of Public Health shall submit a report to the Legislature on or before January 1, 2019, that includes a summary and compilation of recommendations on diabetes prevention and management, if any, from all of the following sources:
(1) The University of California.
(2) The federal Centers for Disease Control and Prevention.
(3) The California Wellness Plan.
(4) Other statewide diabetes stakeholder groups.
(5) Other entities identified by the department as having relevant findings and recommendations.
(b) The department shall include in the report any recommendations from those institutions on all of the following items:
(1) Evidence-based strategies to prevent or manage diabetes.
(2) An analysis of the financial impact diabetes and its complications have on the state.
(3) Policy recommendations for the prevention and management of diabetes.
(c) The department shall also include in the report a description of the existing level of coordination between state departments with regard to programmatic activities and the provision of information to the public regarding managing and preventing diabetes and its complications.
(d) Commencing July 1, 2017, the department shall annually post all of the following information on its Internet Web site:
(1) A summary of the amount and source of any funding directed to the department for programs and activities aimed at preventing or managing diabetes.
(2) A summary of the expenditures by the department on programs and activities aimed at preventing or managing diabetes.
(e) (1) The requirement for submitting a report imposed under subdivision (a) is inoperative on January 1, 2024.
(2) The report submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.


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

SECTION 1.
Section 1098 of the Civil Code is amended to read:
1098.
(a) A “transfer fee” is any fee payment requirement imposed within a covenant, restriction, or condition contained in any deed, contract, security instrument, or other document affecting the transfer or sale of, or any interest in, real property that requires a fee be paid as a result of transfer of the real property. A transfer fee does not include any of the following:
(1) Fees or taxes imposed by a governmental entity.
(2) Fees pursuant to mechanics’ liens.
(3) Fees pursuant to court-ordered transfers, payments, or judgments.
(4) Fees pursuant to property agreements in connection with a legal separation or dissolution of marriage.
(5) Fees, charges, or payments in connection with the administration of estates or trusts pursuant to Division 7 (commencing with Section 7000), Division 8 (commencing with Section 13000), or Division 9 (commencing with Section 15000) of the Probate Code.
(6) Fees, charges, or payments imposed by lenders or purchasers of loans, as these entities are described in subdivision (c) of Section 10232 of the Business and Professions Code.
(7) Assessments, charges, penalties, or fees authorized by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4) or by the Commercial and Industrial Common Interest Development Act (Part 5.3 (commencing with Section 6500) of Division 4).
(8) Fees, charges, or payments for failing to comply with, or for transferring the real property prior to satisfying, an obligation to construct residential improvements on the real property.
(9) (A) Any fee reflected in a document recorded against the property on or before December 31, 2007, that is separate from any covenants, conditions, and restrictions, and that substantially complies with subdivision (a) of Section 1098.5 by providing a prospective transferee notice of the following:
(i) Payment of a transfer fee is required.
(ii) The amount or method of calculation of the fee.
(iii) The date or circumstances under which the transfer fee payment requirement expires, if any.
(iv) The entity to which the fee will be paid.
(v) The general purposes for which the fee will be used.
(B) A fee reflected in a document recorded against the property on or before December 31, 2007, that is not separate from any covenants, conditions, and restrictions, or that incorporates by reference from another document, is a “transfer fee” for purposes of Section 1098.5. A transfer fee recorded against the property on or before December 31, 2007, that complies with subparagraph (A) and incorporates by reference from another document is unenforceable unless recorded against the property on or before December 31, 2016, in a single document that complies with subdivision (b) and with Section 1098.5.
(b) The information in paragraph (9) of subdivision (a) shall be set forth in a single document and shall not be incorporated by reference from any other document.
SEC. 2.
Section 1098.5 of the Civil Code is amended to read:
1098.5.
(a) For transfer fees, as defined in Section 1098, imposed prior to January 1, 2008, the receiver of the fee, as a condition of payment of the fee on or after January 1, 2009, shall record, on or before December 31, 2008, against the real property in the office of the county recorder for the county in which the real property is located a separate document that meets all of the following requirements:
(1) The title of the document shall be “Payment of Transfer Fee Required” in at least 14-point boldface type.
(2) The document shall include all of the following information:
(A) The names of all current owners of the real property subject to the transfer fee, and the legal description and assessor’s parcel number for the affected real property.
(B) The amount, if the fee is a flat amount, or the percentage of the sales price constituting the cost of the fee.
(C) If the real property is residential property, actual dollar-cost examples of the fee for a home priced at two hundred fifty thousand dollars ($250,000), five hundred thousand dollars ($500,000), and seven hundred fifty thousand dollars ($750,000).
(D) The date or circumstances under which the transfer fee payment requirement expires, if any.
(E) The purpose for which the funds from the fee will be used.
(F) The entity to which funds from the fee will be paid and specific contact information regarding where the funds are to be sent.
(G) The signature of the authorized representative of the entity to which funds from the fee will be paid.
(b) When a transfer fee, as defined in Section 1098, is imposed upon real property on or after January 1, 2008, the person or entity imposing the transfer fee, as a condition of payment of the fee, shall record in the office of the county recorder for the county in which the real property is located, concurrently with the instrument creating the transfer fee requirement, a separate document that meets all of the following requirements:
(1) The title of the document shall be “Payment of Transfer Fee Required” in at least 14-point boldface type.
(2) The document shall include all of the following information:
(A) The names of all current owners of the real property subject to the transfer fee, and the legal description and assessor’s parcel number for the affected real property.
(B) The amount, if the fee is a flat amount, the percentage of the sales price constituting the cost of the fee, or the method for calculating the amount.
(C) If the real property is residential property and the amount of the fee is based on the price of the real property, actual dollar-cost examples of the fee for a home priced at two hundred fifty thousand dollars ($250,000), five hundred thousand dollars ($500,000), and seven hundred fifty thousand dollars ($750,000).
(D) The date or circumstances under which the transfer fee payment requirement expires, if any.
(E) The purpose for which the funds from the fee will be used.
(F) The entity to which funds from the fee will be paid and specific contact information regarding where the funds are to be sent.
(G) The signature of the authorized representative of the entity to which funds from the fee will be paid.
(c) The recorder shall only be responsible for examining that the document required by subdivision (a) or (b) contains the information required by subparagraphs (A), (F), and (G) of paragraph (2) of subdivision (a) or (b). The recorder shall index the document under the names of the persons and entities identified in subparagraphs (A) and (F) of paragraph (2) of subdivision (a) or (b). The recorder shall not examine any other information contained in the document required by subdivision (a) or (b).
SEC. 3.
Section 1102.6e of the Civil Code is amended to read:
1102.6e.
If a property being transferred on or after January 1, 2008, is subject to a transfer fee, as defined in Section 1098, the transferor shall provide, at the same time as the transfer disclosure statement required pursuant to Section 1102.6 is provided if the document required by subdivision (b) of Section 1098.5 has not already been provided, an additional disclosure statement containing all of the following:
(a) Notice that payment of a transfer fee is required as a result of transfer of the property.
(b) The amount of the fee required for the asking price of the real property, if the amount of the fee is based on the price of the real property, and a description of how the fee is calculated.
(c) Notice that the final amount of the fee may be different if the fee is based upon a percentage of the final sale price.
(d) The entity to which funds from the fee will be paid.
(e) The purposes for which funds from the fee will be used.
(f) The date or circumstances under which the obligation to pay the transfer fee expires, if any.
SEC. 4.
The Legislature finds and declares that the addition of subdivision (b) to Section 1098 of, and the amendments to Sections 1098.5 and 1102.6e of, the Civil Code made by this act are clarifying and declaratory of existing law.


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

SECTION 1.
Chapter 3.6 (commencing with Section 11366) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER  3.6. Regulatory Reform
Article  1. Findings and Declarations
11366.
The Legislature finds and declares all of the following:
(a) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500)) requires agencies and the Office of Administrative Law to review regulations to ensure their consistency with law and to consider impacts on the state’s economy and businesses, including small businesses.
(b) However, the act does not require agencies to individually review their regulations to identify overlapping, inconsistent, duplicative, or out-of-date regulations that may exist.
(c) At a time when the state’s economy is slowly recovering, unemployment and underemployment continue to affect all Californians, especially older workers and younger workers who received college degrees in the last seven years but are still awaiting their first great job, and with state government improving but in need of continued fiscal discipline, it is important that state agencies systematically undertake to identify, publicly review, and eliminate overlapping, inconsistent, duplicative, or out-of-date regulations, both to ensure they more efficiently implement and enforce laws and to reduce unnecessary and outdated rules and regulations.
Article  2. Definitions
11366.1.
For the purposes of this chapter, the following definitions shall apply:
(a) “State agency” means a state agency, as defined in Section 11000, except those state agencies or activities described in Section 11340.9.
(b) “Regulation” has the same meaning as provided in Section 11342.600.
Article  3. State Agency Duties
11366.2.
On or before January 1, 2019, each state agency shall do all of the following:
(a) Review all provisions of the California Code of Regulations adopted by that state agency.
(b) Identify any regulations that are duplicative, overlapping, inconsistent, or out of date.
(c) Adopt, amend, or repeal regulations to reconcile or eliminate any duplication, overlap, inconsistencies, or out-of-date provisions, and shall comply with the process specified in Article 5 (commencing with Section 11346) of Chapter 3.5, unless the addition, revision, or deletion is without regulatory effect and may be done pursuant to Section 100 of Title 1 of the California Code of Regulations.
(d) Hold at least one noticed public hearing, which shall be noticed on the Internet Web site of the state agency, for the purposes of accepting public comment on proposed revisions to its regulations.
(e) Notify the appropriate policy and fiscal committees of each house of the Legislature of the revisions to regulations that the state agency proposes to make at least 30 days prior to initiating the process under Article 5 (commencing with Section 11346) of Chapter 3.5 or Section 100 of Title 1 of the California Code of Regulations.
(f) (1) Report to the Governor and the Legislature on the state agency’s compliance with this chapter, including the number and content of regulations the state agency identifies as duplicative, overlapping, inconsistent, or out of date, and the state agency’s actions to address those regulations.
(2) The report shall be submitted in compliance with Section 9795 of the Government Code.
11366.3.
(a) On or before January 1, 2019, each agency listed in Section 12800 shall notify a department, board, or other unit within that agency of any existing regulations adopted by that department, board, or other unit that the agency has determined may be duplicative, overlapping, or inconsistent with a regulation adopted by another department, board, or other unit within that agency.
(b) A department, board, or other unit within an agency shall notify that agency of revisions to regulations that it proposes to make at least 90 days prior to a noticed public hearing pursuant to subdivision (d) of Section 11366.2 and at least 90 days prior to adoption, amendment, or repeal of the regulations pursuant to subdivision (c) of Section 11366.2. The agency shall review the proposed regulations and make recommendations to the department, board, or other unit within 30 days of receiving the notification regarding any duplicative, overlapping, or inconsistent regulation of another department, board, or other unit within the agency.
11366.4.
An agency listed in Section 12800 shall notify a state agency of any existing regulations adopted by that agency that may duplicate, overlap, or be inconsistent with the state agency’s regulations.
11366.45.
This chapter shall not be construed to weaken or undermine in any manner any human health, public or worker rights, public welfare, environmental, or other protection established under statute. This chapter shall not be construed to affect the authority or requirement for an agency to adopt regulations as provided by statute. Rather, it is the intent of the Legislature to ensure that state agencies focus more efficiently and directly on their duties as prescribed by law so as to use scarce public dollars more efficiently to implement the law, while achieving equal or improved economic and public benefits.
Article  4. Chapter Repeal
11366.5.
This chapter shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 2.
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 for state agencies to timely complete a full review of regulations by the 2019 deadline, it is necessary that this act take effect immediately.
SECTION 1.
The Legislature finds and declares the following:
(a)In 2013, the United States Department of Housing and Urban Development (HUD) reported that California has nearly 40,000 chronically homeless persons, which is 36 percent of the total chronically homeless population of the United States. This is due in large part to an insufficient amount of affordable housing in California.
(b)HUD also reported that there are over 15,000 homeless veterans in California.
(c)Several studies, including one by the Journal of the American Medical Association, have demonstrated that it is far more cost effective and efficient to provide the homeless with permanent, supportive housing through “rapid rehousing” and “housing first” initiatives. These measures also reduce the cost to governments of funding shelters and emergency services.
SEC. 2.
Chapter 1 (commencing with Section 15290) is added to Part 6.6 of Division 3 of Title 2 of the
Government Code
, to read:
1.
Rapid Rehousing Enhancement Program
15290.
For the purposes of this chapter, the following definitions shall apply:
(a)“Department” means the Department of Housing and Community Development.
(b)“Homeless” has the same meaning as defined in Section 576.2 of Title 24 of the Code of Federal Regulations.
(c)“Enhancement program” means the program established pursuant to this chapter for distributing funds to counties and private nonprofit organizations.
(d)“Private nonprofit organization” has the same meaning as defined in Section 11371 of Title 42 of the United States Code.
15290.5.
(a)Upon appropriation of funds in the annual Budget Act, the department shall establish an enhancement program for awarding grants to counties and private nonprofit organizations that operate a rapid rehousing program. The department shall administer the enhancement program.
(b)The department shall develop guidelines to select four counties or private nonprofit organizations to participate in the enhancement program. Eligible counties and private nonprofit organizations shall include counties and private nonprofit organizations eligible to receive funds from the state pursuant to the federal Emergency Solutions Grants Program (42 U.S.C. Sec. 11371 et seq.) with a demonstrated high funding need. The department shall select counties and private nonprofit organizations by giving priority to those counties or private nonprofit organizations with existing rapid rehousing programs that have demonstrated effectiveness in providing rapid rehousing for individuals and veterans of the United States military experiencing homelessness.
(c)Counties and private nonprofit organizations selected to receive funds pursuant to this section shall comply with the reporting requirements as required by the department under state and federal regulations implementing the Emergency Solutions Grants Program (42 U.S.C. Sec. 11371 et seq.).
(d)The department shall distribute an equal amount of the money received pursuant to this section each year, less any amount deducted for administrative purposes, to each of the selected counties and private nonprofit organizations.
(e)The department may use up to 5 percent of the money received pursuant to this section for the purpose of administering this chapter.
15291.
This chapter shall remain in effect only until July 1, 2018, and as of that date is repealed.


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

SECTION 1.
Section 5350.2 of the Welfare and Institutions Code is amended to read:
5350.2.
Reasonable attempts shall be made by the county mental health program to notify family members, or any other person designated to receive notice by the person for whom conservatorship is sought, of the time and place of the conservatorship hearing. The person for whom the conservatorship is sought shall be advised by the facility treating the person, or by the court in a proceeding under the Probate Code if the conservatorship investigation order was made pursuant to subdivision (c) of Section 5352, that he or she may request that information about the time and place of the conservatorship hearing not be given to family members if the proposed conservator is not a family member. The request shall be honored by the mental health program. Neither this section nor Section 5350 shall be interpreted to allow the proposed conservatee to request that any proposed conservator not be advised of the time and place of the conservatorship hearing.
SEC. 2.
Section 5352 of the Welfare and Institutions Code is amended to read:
5352.
(a) If the professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment determines that a person in his or her care is gravely disabled as a result of mental disorder or impairment by chronic alcoholism and is unwilling to accept, or incapable of accepting, treatment voluntarily, he or she may recommend conservatorship of the person to the officer providing conservatorship investigation of the person’s county of residence before admitting the person as a patient in the facility.
(b) The professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment may recommend conservatorship for a person without the person being an inpatient in the facility if both of the following conditions are met:
(1) The professional person or another professional person designated by him or her has examined and evaluated the person and determined that the person is gravely disabled.
(2) The professional person or another professional person designated by him or her has determined that future examination on an inpatient basis is not necessary for a determination that the person is gravely disabled.
(c) (1) If a conservatorship has already been established under the Probate Code, the court, in a proceeding under the Probate Code, after an evidentiary hearing attended by the conservatee, unless the conservatee waives presence, and the conservatee’s counsel, may order an investigation from the officer providing conservatorship investigation of the person’s county of residence if the court, in a proceeding under the Probate Code, in consultation with a licensed physician or licensed psychologist satisfying the conditions of subdivision (c) of Section 2032.020 of the Code of Civil Procedure providing comprehensive evaluation or intensive treatment, determines based on evidence presented to the court, including medical evidence, that the conservatee may be gravely disabled as a result of a mental disorder or impairment by chronic alcoholism and is unwilling to accept or is incapable of accepting treatment voluntarily. If the conservatee cannot afford counsel, the court, in a proceeding under the Probate Code, shall appoint counsel for him or her.
(2) The officer providing conservatorship investigation shall file a copy of his or her report with the court making the conservatorship investigation order in a proceeding under the Probate Code.
(d) If the officer providing conservatorship investigation concurs with the recommendation of the professional person, pursuant to subdivision (a) or (b), or the conservatorship investigation order of the court, pursuant to subdivision (c), he or she shall petition the superior court in the patient’s county of residence to establish conservatorship.
(e) If temporary conservatorship is indicated, that fact shall be alternatively pleaded in the petition. The officer providing conservatorship investigation or other county officer or employee designated by the county shall act as the temporary conservator.
SEC. 3.
Section 5354 of the Welfare and Institutions Code is amended to read:
5354.
(a) The officer providing conservatorship investigation shall investigate all available alternatives to conservatorship and shall recommend conservatorship to the court only if no suitable alternatives are available. This officer shall render to the court a written report of investigation before the hearing. The report to the court shall be comprehensive and shall contain all relevant aspects of the person’s medical, psychological, financial, family, vocational, and social condition, and information obtained from the person’s family members, close friends, social worker, or principal therapist. The report shall also contain all available information concerning the person’s real and personal property. The facilities providing intensive treatment or comprehensive evaluation shall disclose any records or information that may facilitate the investigation. If the conservatorship investigation order was made pursuant to subdivision (c) of Section 5352, the conservator in a proceeding under the Probate Code shall disclose any records or information that may facilitate the investigation. If the officer providing conservatorship investigation recommends against conservatorship, he or she shall set forth all alternatives available. A copy of the report shall be transmitted to the individual who originally recommended conservatorship, or, in a proceeding under the Probate Code, to the court that originally made a conservatorship investigation order, to the person or agency, if any, recommended to serve as conservator, and to the person recommended for conservatorship. The court may receive the report in evidence and may read and consider the contents thereof in rendering its judgment.
(b) Notwithstanding Section 5328, when a court with jurisdiction over a person in a criminal case orders an evaluation of the person’s mental condition pursuant to Section 5200, and that evaluation leads to a conservatorship investigation, the officer providing the conservatorship investigation shall serve a copy of the report required under subdivision (a) upon the defendant or the defendant’s counsel. Upon the prior written request of the defendant or the defendant’s counsel, the officer providing the conservatorship investigation shall also submit a copy of the report to the court hearing the criminal case, the district attorney, and the county probation department. The conservatorship investigation report and the information contained in that report, shall be kept confidential and shall not be further disclosed to anyone without the prior written consent of the defendant. After disposition of the criminal case, the court shall place all copies of the report in a sealed file, except as follows:
(1) The defendant and the defendant’s counsel may retain their copy.
(2) If the defendant is placed on probation status, the county probation department may retain a copy of the report for the purpose of supervision of the defendant until the probation is terminated, at which time the probation department shall return its copy of the report to the court for placement into the sealed file.
SEC. 4.
Section 5360 of the Welfare and Institutions Code is amended to read:
5360.
(a) The officer providing conservatorship investigation shall recommend, in his or her report to the court, for or against imposition of a disability set forth in Section 5357 on the basis of the determination of the professional person who recommended conservatorship pursuant to subdivision (a) or (b) of Section 5352, or the determination of the physician or psychologist who presented medical evidence to the court pursuant to subdivision (c) of Section 5352.
(b) The officer providing conservatorship investigation shall recommend in his or her report any of the additional powers of a conservator set forth in Section 2591 of the Probate Code if the needs of the individual patient or his estate require such powers. In making this determination, the officer providing conservatorship investigation shall consult with the professional person who recommended conservatorship pursuant to subdivision (a) or (b) of Section 5352, or the physician or psychologist who presented medical evidence to the court pursuant to subdivision (c) of Section 5352.
SEC. 5.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.


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

SECTION 1.
This act shall be known, and may be cited, as the Paul Lee School Bus Safety Law.
SEC. 2.
Section 39831.3 of the Education Code is amended to read:
39831.3.
(a) The county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity shall prepare a transportation safety plan containing procedures for school personnel to follow to ensure the safe transport of pupils. The plan shall be revised as required. The plan shall address all of the following:
(1) Determining if pupils require escort pursuant to paragraph (1) of subdivision (d) of Section 22112 of the Vehicle Code.
(2) (A) Procedures for all pupils in prekindergarten, kindergarten, and grades 1 to 8, inclusive, to follow as they board and exit the appropriate schoolbus at each pupil’s schoolbus stop.
(B) Nothing in this paragraph requires a county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity, to use the services of an onboard schoolbus monitor, in addition to the driver, to carry out the purposes of this paragraph.
(3) Boarding and exiting a schoolbus at a school or other trip destination.
(4) Procedures to ensure that a pupil is not left unattended on a schoolbus, school pupil activity bus, or youth bus.
(5) Procedures and standards for designating an adult chaperone, other than the driver, to accompany pupils on a school pupil activity bus.
(b) A current copy of a plan prepared pursuant to subdivision (a) shall be retained by each school subject to the plan and made available upon request to an officer of the Department of the California Highway Patrol.
SEC. 3.
Section 39843 is added to the Education Code, to read:
39843.
(a) The county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity shall notify the Department of Motor Vehicles, in a form and manner that the Department of Motor Vehicles specifies, within five calendar days after the county office of education, the governing board of a school district, the charter school, the owner or operator of the private school, or, in situations where the transportation services are contracted out, the driver’s employer, has done both of the following:
(1) Ordered and upheld disciplinary action, after completion of disciplinary procedures conducted in compliance with rights granted by law or a collective bargaining agreement, against a driver of a schoolbus, school pupil activity bus, or youth bus who was found to have left the immediate vicinity of the vehicle to which the driver had been assigned with an unsupervised pupil onboard.
(2) Made a finding that the driver’s actions constituted gross negligence.
(b) For purposes of this section, escorting pupils pursuant to paragraph (1) of subdivision (d) of Section 22112 of the Vehicle Code shall not be considered leaving the immediate vicinity of the vehicle.
(c) For purposes of this section, “gross negligence” means the want of even scant care or an extreme departure from the ordinary standard of conduct.
SEC. 4.
Section 39860 of the Education Code is amended to read:
39860.
(a) The governing board of a school district may contract for the transportation of pupils attending schools within the district to and from any exposition or fair, school activities, or other activities that the governing board of the school district determines to be for the benefit of the pupils, in this state, and may pay for the transportation out of any funds of the school district available for the purpose.
(b) The governing board of a school district shall require that any contract for the transportation of pupils under this section shall include the requirement that a pupil shall not be left unattended on a schoolbus, school pupil activity bus, or youth bus in accordance with paragraph (4) of subdivision (a) of Section 39831.3.
SEC. 5.
Section 40085 of the Education Code is amended to read:
40085.
Applicants seeking to renew a certificate to drive a schoolbus as defined in Section 545 of the Vehicle Code or a school pupil activity bus as defined in Section 546 of the Vehicle Code shall have successfully completed at least 10 hours of original or renewal classroom instruction, or behind-the-wheel or in-service training, during each 12 months of certificate validity. In-service training credit may be given by a state-certified driver instructor of the appropriate class to an applicant for attending or participating in appropriate driver training workshops, driver safety meetings, driver safety conferences, and other activities directly related to passenger safety and driver training. During the last 12 months of the special driver certificate validity, the 10 hours required shall consist of classroom instruction covering, but not limited to, current laws and regulations, defensive driving, accident prevention, emergency procedures, passenger loading and unloading, and the inspection procedures pursuant to paragraph (4) of subdivision (a) of Section 39831.3. Failure to successfully complete the required training during any 12-month period of certificate validity is cause for the Department of Motor Vehicles to cancel the bus driver certificate. All training required by Section 40089 may be accepted in lieu of the requirements of this section.
SEC. 6.
Section 13370 of the Vehicle Code is amended to read:
13370.
(a) The department shall refuse to issue or shall revoke a schoolbus, school pupil activity bus, general public paratransit vehicle, or youth bus driver certificate, or a certificate for a vehicle used for the transportation of developmentally disabled persons, if any of the following causes apply to the applicant or certificate holder:
(1) Has been convicted of a sex offense as defined in Section 44010 of the Education Code.
(2) Has been convicted, within two years, of an offense specified in Section 11361.5 of the Health and Safety Code.
(3) Has failed to meet prescribed training requirements for certificate issuance.
(4) Has failed to meet prescribed testing requirements for certificate issuance.
(5) Has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code, or a serious felony listed in subdivision (c) of Section 1192.7 of the Penal Code. This paragraph shall not be applied to revoke a license that was valid on January 1, 2005, unless the certificate holder is convicted for an offense that is committed on or after that date.
(b) The department may refuse to issue or renew, or may suspend or revoke a schoolbus, school pupil activity bus, general public paratransit vehicle, or youth bus driver certificate, or a certificate for a vehicle used for the transportation of developmentally disabled persons, if any of the following causes apply to the applicant or certificate holder:
(1) Has been convicted of a crime specified in Section 44424 of the Education Code within seven years. This paragraph does not apply if denial is mandatory.
(2) Has committed an act involving moral turpitude.
(3) Has been convicted of an offense, not specified in this section and other than a sex offense, that is punishable as a felony, within seven years.
(4) Has been dismissed as a driver for a cause relating to pupil transportation safety.
(5) Has been convicted, within seven years, of an offense relating to the use, sale, possession, or transportation of narcotics, habit-forming drugs, or dangerous drugs, except as provided in paragraph (3) of subdivision (a).
(6) Has been reported to the Department of Motor Vehicles, pursuant to Section 39843 of the Education Code, for leaving a pupil unattended on a schoolbus, school pupil activity bus, or youth bus.
(c) (1) Reapplication following refusal or revocation under paragraph (1), (2), or (3) of subdivision (a) or any paragraph of subdivision (b) may be made after a period of not less than one year after the effective date of refusal or revocation.
(2) Reapplication following refusal or revocation under paragraph (4) of subdivision (a) may be made after a period of not less than 45 days after the date of the applicant’s third testing failure.
(3) An applicant or holder of a certificate may reapply for a certificate whenever a felony or misdemeanor conviction is reversed or dismissed. A termination of probation and dismissal of charges pursuant to Section 1203.4 of the Penal Code or a dismissal of charges pursuant to Section 1203.4a of the Penal Code is not a dismissal for purposes of this section.
(4) A former applicant or holder of a certificate whose certificate was revoked pursuant to paragraph (6) of subdivision (b) may reapply for a certificate if the certificate revocation is reversed or dismissed by the department.
SEC. 7.
Article 18 (commencing with Section 28160) is added to Chapter 5 of Division 12 of the Vehicle Code, to read:
Article  18. Child Safety Alert System
28160.
(a) On or before January 1, 2018, the department shall adopt regulations governing the specifications, installation, and use of child safety alert systems.
(b) (1) On or before the beginning of the 2018–19 school year, each schoolbus, school pupil activity bus, except as provided in paragraph (2), youth bus, and child care motor vehicle shall be equipped with an operational child safety alert system.
(2) A school pupil activity bus is not required to be equipped with an operational child safety alert system if all of the following apply:
(A) The school pupil activity bus is not used exclusively to transport pupils.
(B) When the school pupil activity bus is used to transport pupils, the pupils are accompanied by at least one adult chaperone selected by a school official. If an adult chaperone is not a school employee, the chaperone shall meet the requirements for a school volunteer established by the policies of the school district, county office of education, charter school, or private school.
(C) One adult chaperone has a list of every pupil and adult chaperone, including a school employee, who is on the school pupil activity bus at the time of departure.
(D) The driver has reviewed all safety and emergency procedures before the initial departure and the driver and adult chaperone have signed a form with the time and date acknowledging that the safety plan and procedures were reviewed.
(E) Immediately before departure from any location, the adult chaperone shall account for each pupil on the list of pupils, verify the number of pupils to the driver, and sign a form indicating that all pupils are present or accounted for.
(F) After pupils have exited a school pupil activity bus, and before driving away, the driver shall check all areas of the bus, including, but not limited to, overhead compartments and bathrooms, to ensure that the bus is vacant.
(G) The driver shall sign a form with the time and date verifying that all required procedures have been followed.
(H) The information required to be recorded pursuant to subparagraphs (D), (E), and (G) may be recorded on a single form. These forms shall be retained by the school district, county office of education, charter school, or private school for a minimum of two years.
(c) A “child safety alert system” is a device located at the interior rear of a vehicle that requires the driver to either manually contact or scan the device before exiting the vehicle, thereby prompting the driver to inspect the entirety of the interior of the vehicle before exiting.
(d) For purposes of this section, the following definitions apply:
(1) “Child care motor vehicle” means a vehicle designed, used, or maintained for more than eight persons, including the driver, that is used by a child care provider to transport children.
(2) “Child care provider” has the same meaning as provided for “day care center” in Section 1596.76 of the Health and Safety Code.
SEC. 8.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.


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

SECTION 1.
Section 1374.21 of the Health and Safety Code is amended to read:
1374.21.
(a) (1) A change in premium rates or changes in coverage stated in a group health care service plan contract shall not become effective unless the plan has delivered in writing a notice indicating the change or changes at least 60 days prior to the contract renewal effective date.
(2) The notice delivered pursuant to paragraph (1) for large group health plans shall also include the following information:
(A) Whether the rate proposed to be in effect is greater than the average rate increase for individual market products negotiated by the California Health Benefit Exchange for the most recent calendar year for which the rates are final.
(B) Whether the rate proposed to be in effect is greater than the average rate increase negotiated by the Board of Administration of the Public Employees’ Retirement System for the most recent calendar year for which the rates are final.
(C) Whether the rate change includes any portion of the excise tax paid by the health plan.
(b) A health care service plan that declines to offer coverage to or denies enrollment for a large group applying for coverage shall, at the time of the denial of coverage, provide the applicant with the specific reason or reasons for the decision in writing, in clear, easily understandable language.
SEC. 2.
Section 1385.045 is added to the Health and Safety Code, to read:
1385.045.
(a) For large group health care service plan contracts, each health plan shall file with the department the weighted average rate increase for all large group benefit designs during the 12-month period ending January 1 of the following calendar year. The average shall be weighted by the number of enrollees in each large group benefit design in the plan’s large group market and adjusted to the most commonly sold large group benefit design by enrollment during the 12-month period. For the purposes of this section, the large group benefit design includes, but is not limited to, benefits such as basic health care services and prescription drugs. The large group benefit design shall not include cost sharing, including, but not limited to, deductibles, copays, and coinsurance.
(b) (1) A plan shall also submit any other information required pursuant to any regulation adopted by the department to comply with this article.
(2) The department shall conduct an annual public meeting regarding large group rates within three months of posting the aggregate information described in this section in order to permit a public discussion of the reasons for the changes in the rates, benefits, and cost sharing in the large group market. The meeting shall be held in either the Los Angeles area or the San Francisco Bay area.
(c) A health care service plan subject to subdivision (a) shall also disclose the following for the aggregate rate information for the large group market submitted under this section:
(1) For rates effective during the 12-month period ending January 1 of the following year, number and percentage of rate changes reviewed by the following:
(A) Plan year.
(B) Segment type, including whether the rate is community rated, in whole or in part.
(C) Product type.
(D) Number of enrollees.
(E) The number of products sold that have materially different benefits, cost sharing, or other elements of benefit design.
(2) For rates effective during the 12-month period ending January 1 of the following year, any factors affecting the base rate, and the actuarial basis for those factors, including all of the following:
(A) Geographic region.
(B) Age, including age rating factors.
(C) Occupation.
(D) Industry.
(E) Health status factors, including, but not limited to, experience and utilization.
(F) Employee, and employee and dependents, including a description of the family composition used.
(G) Enrollees’ share of premiums.
(H) Enrollees’ cost sharing.
(I) Covered benefits in addition to basic health care services, as defined in Section 1345, and other benefits mandated under this article.
(J) Which market segment, if any, is fully experience rated and which market segment, if any, is in part experience rated and in part community rated.
(K) Any other factor that affects the rate that is not otherwise specified.
(3) (A) The plan’s overall annual medical trend factor assumptions for all benefits and by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology for the applicable 12-month period ending January 1 of the following year. A health plan that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the enrollees of the plan shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories, to the maximum extent possible, that are the same as, or similar to, those used by other plans.
(B) The amount of the projected trend separately attributable to the use of services, price inflation, and fees and risk for annual plan contract trends by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology. A health plan that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the enrollees of the plan shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories that are, to the maximum extent possible, the same or similar to those used by other plans.
(C) A comparison of the aggregate per enrollee per month costs and rate of changes over the last five years for each of the following:
(i) Premiums.
(ii) Claims costs, if any.
(iii) Administrative expenses.
(iv) Taxes and fees.
(D) Any changes in enrollee cost sharing over the prior year associated with the submitted rate information, including both of the following:
(i) Actual copays, coinsurance, deductibles, annual out of pocket maximums, and any other cost sharing by the benefit categories determined by the department.
(ii) Any aggregate changes in enrollee cost sharing over the prior years as measured by the weighted average actuarial value, weighted by the number of enrollees.
(E) Any changes in enrollee benefits over the prior year, including a description of benefits added or eliminated, as well as any aggregate changes, as measured as a percentage of the aggregate claims costs, listed by the categories determined by the department.
(F) Any cost containment and quality improvement efforts since the plan’s prior year’s information pursuant to this section for the same category of health benefit plan. To the extent possible, the plan shall describe any significant new health care cost containment and quality improvement efforts and provide an estimate of potential savings together with an estimated cost or savings for the projection period.
(G) The number of products covered by the information that incurred the excise tax paid by the health plan.
(d) The information required pursuant to this section shall be submitted to the department on or before October 1, 2016, and on or before October 1 annually thereafter. Information submitted pursuant to this section is subject to Section 1385.07.
SEC. 3.
Section 10181.45 is added to the Insurance Code, to read:
10181.45.
(a) For large group health insurance policies, each health insurer shall file with the department the weighted average rate increase for all large group benefit designs during the 12-month period ending January 1 of the following calendar year. The average shall be weighted by the number of insureds in each large group benefit design in the insurer’s large group market and adjusted to the most commonly sold large group benefit design by enrollment during the 12-month period. For the purposes of this section, the large group benefit design includes, but is not limited to, benefits such as basic health care services and prescription drugs. The large group benefit design shall not include cost sharing, including, but not limited to, deductibles, copays, and coinsurance.
(b) (1) A health insurer shall also submit any other information required pursuant to any regulation adopted by the department to comply with this article.
(2) The department shall conduct an annual public meeting regarding large group rates within three months of posting the aggregate information described in this section in order to permit a public discussion of the reasons for the changes in the rates, benefits, and cost sharing in the large group market. The meeting shall be held in either the Los Angeles area or the San Francisco Bay area.
(c) A health insurer subject to subdivision (a) shall also disclose the following for the aggregate rate information for the large group market submitted under this section:
(1) For rates effective during the 12-month period ending January 1 of the following year, number and percentage of rate changes reviewed by the following:
(A) Plan year.
(B) Segment type, including whether the rate is community rated, in whole or in part.
(C) Product type.
(D) Number of insureds.
(E) The number of products sold that have materially different benefits, cost sharing, or other elements of benefit design.
(2) For rates effective during the 12-month period ending January 1 of the following year, any factors affecting the base rate, and the actuarial basis for those factors, including all of the following:
(A) Geographic region.
(B) Age, including age rating factors.
(C) Occupation.
(D) Industry.
(E) Health status factors, including, but not limited to, experience and utilization.
(F) Employee, and employee and dependents, including a description of the family composition used.
(G) Insureds’ share of premiums.
(H) Insureds’ cost sharing.
(I) Covered benefits in addition to basic health care services, as defined in Section 1345 of the Health and Safety Code, and other benefits mandated under this article.
(J) Which market segment, if any, is fully experience rated and which market segment, if any, is in part experience rated and in part community rated.
(K) Any other factor that affects the rate that is not otherwise specified.
(3) (A) The insurer’s overall annual medical trend factor assumptions for all benefits and by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology for the applicable 12-month period ending January 1 of the following year. A health insurer that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the health insurer’s insureds shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories, to the maximum extent possible, that are the same or similar to those used by other insurers.
(B) The amount of the projected trend separately attributable to the use of services, price inflation, and fees and risk for annual policy trends by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology. A health insurer that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the insureds shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories that are, to the maximum extent possible, the same or similar to those used by other insurers.
(C) A comparison of the aggregate per insured per month costs and rate of changes over the last five years for each of the following:
(i) Premiums.
(ii) Claims costs, if any.
(iii) Administrative expenses.
(iv) Taxes and fees.
(D) Any changes in insured cost sharing over the prior year associated with the submitted rate information, including both of the following:
(i) Actual copays, coinsurance, deductibles, annual out of pocket maximums, and any other cost sharing by the benefit categories determined by the department.
(ii) Any aggregate changes in insured cost sharing over the prior years as measured by the weighted average actuarial value, weighted by the number of insureds.
(E) Any changes in insured benefits over the prior year, including a description of benefits added or eliminated as well as any aggregate changes as measured as a percentage of the aggregate claims costs, listed by the categories determined by the department.
(F) Any cost containment and quality improvement efforts made since the insurer’s prior year’s information pursuant to this section for the same category of health insurer. To the extent possible, the insurer shall describe any significant new health care cost containment and quality improvement efforts and provide an estimate of potential savings together with an estimated cost or savings for the projection period.
(G) The number of products covered by the information that incurred the excise tax paid by the health insurer.
(d) The information required pursuant to this section shall be submitted to the department on or before October 1, 2016, and on or before October 1 annually thereafter. Information submitted pursuant to this section is subject to Section 10181.7.
SEC. 4.
Section 10199.1 of the Insurance Code is amended to read:
10199.1.
(a) (1) An insurer or nonprofit hospital service plan or administrator acting on its behalf shall not terminate a group master policy or contract providing hospital, medical, or surgical benefits, increase premiums or charges therefor, reduce or eliminate benefits thereunder, or restrict eligibility for coverage thereunder without providing prior notice of that action. The action shall not become effective unless written notice of the action was delivered by mail to the last known address of the appropriate insurance producer and the appropriate administrator, if any, at least 45 days prior to the effective date of the action and to the last known address of the group policyholder or group contractholder at least 60 days prior to the effective date of the action. If nonemployee certificate holders or employees of more than one employer are covered under the policy or contract, written notice shall also be delivered by mail to the last known address of each nonemployee certificate holder or affected employer or, if the action does not affect all employees and dependents of one or more employers, to the last known address of each affected employee certificate holder, at least 60 days prior to the effective date of the action.
(2) The notice delivered pursuant to paragraph (1) for large group health insurance policies shall also include the following information:
(A) Whether the rate proposed to be in effect is greater than the average rate increase for individual market products negotiated by the California Health Benefit Exchange for the most recent calendar year for which the rates are final.
(B) Whether the rate proposed to be in effect is greater than the average rate increase negotiated by the Board of Administration of the Public Employees’ Retirement System for the most recent calendar year for which the rates are final.
(C) Whether the rate change includes any portion of the excise tax paid by the health insurer.
(b) A holder of a master group policy or a master group nonprofit hospital service plan contract or administrator acting on its behalf shall not terminate the coverage of, increase premiums or charges for, or reduce or eliminate benefits available to, or restrict eligibility for coverage of a covered person, employer unit, or class of certificate holders covered under the policy or contract for hospital, medical, or surgical benefits without first providing prior notice of the action. The action shall not become effective unless written notice was delivered by mail to the last known address of each affected nonemployee certificate holder or employer, or if the action does not affect all employees and dependents of one or more employers, to the last known address of each affected employee certificate holder, at least 60 days prior to the effective date of the action.
(c) A health insurer that declines to offer coverage to or denies enrollment for a large group applying for coverage shall, at the time of the denial of coverage, provide the applicant with the specific reason or reasons for the decision in writing, in clear, easily understandable language.
SEC. 5.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.


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

SECTION 1.
The Legislature hereby finds and declares all of the following:
(a) The county sanitation districts of Los Angeles County (sanitation districts) were established in 1923 under the County Sanitation District Act (Chapter 3 (commencing with Section 4700) of Part 3 of Division 5 of the Health and Safety Code).
(b) The sanitation districts provide regional solid waste management and wastewater collection and treatment services for 5.5 million people in 78 cities and unincorporated communities.
(c) Eighty-four cities in Los Angeles County, the Los Angeles County Flood Control District, and Los Angeles County unincorporated areas are all regulated under a permit for the Municipal Separate Storm Sewer System (MS4), the most recent of which was adopted by the California Regional Water Quality Control Board, Los Angeles Region, in December 2012.
(d) The City of Long Beach is regulated under its own permit for its MS4, the most recent of which was adopted by the regional board in February 2014.
(e) The MS4 is a large, interconnected system that encompasses over 3,000 square miles, and is operated and maintained in large part by the Los Angeles County Flood Control District and used by multiple cities along with Los Angeles County.
(f) The Los Angeles County Flood Control District is primarily focused on operation and maintenance of the MS4 infrastructure for the purposes of flood protection and water conservation.
(g) This extensive system conveys stormwater and nonstormwater across municipal boundaries where it is commingled within the MS4 and then discharged to receiving water bodies, such as the Los Angeles River and San Gabriel River.
(h) It will be necessary for the cities, Los Angeles County Flood Control District, and Los Angeles County to spend millions of dollars per year to comply with the Los Angeles Region MS4 permits.
(i) The Los Angeles Region MS4 permit prohibits the discharge of nonstormwater into the MS4, subject to specified exceptions, and one management technique that can be effective in cleaning up nonstormwater discharges is to divert dry weather runoff into the sanitary sewer system, if sewer and treatment plant capacity are available and other regulatory requirements are met.
(j) Many of the cities, the Los Angeles County Flood Control District, and Los Angeles County are preparing watershed management plans and enhanced watershed management plans in order to identify stormwater and dry weather urban runoff projects and activities that will improve the water quality in the downstream receiving water bodies.
(k) The presiding officers of the cities and the Chair of the Los Angeles County Board of Supervisors serve as members of the boards of directors of the sanitation districts.
(l) The administrative board of directors of the sanitation districts formally requested that the sanitation districts seek the authority to use its civil engineering and water quality expertise to help the cities and county manage stormwater and dry weather urban runoff in order to comply with the Los Angeles Region MS4 permit in an efficient and effective manner.
(m) The Legislature does not intend for the sanitation districts’ activities related to the management and treatment of stormwater and dry weather urban runoff to interfere with the existing water management, flood protection, groundwater replenishment, or water conservation activities of other local or regional agencies.
(n) Because of the unique circumstances of the sanitation districts and the Los Angeles Region MS4, special legislation is necessary to augment the sanitation districts’ powers under the County Sanitation District Act.
SEC. 2.
Section 4730.68 is added to the Health and Safety Code, to read:
4730.68.
(a) This section applies only to county sanitation district numbers 1, 2, 3, 4, 5, 8, 9, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 27, 28, 29, and 34 of Los Angeles County, Newhall Ranch Sanitation District of Los Angeles County, South Bay Cities Sanitation District of Los Angeles County, and Santa Clarita Valley Sanitation District of Los Angeles County. The powers granted in this section supplement the existing powers of each district.
(b) A district may acquire, construct, operate, maintain, and furnish facilities for any of the following purposes:
(1) The diversion of stormwater and dry weather runoff from the stormwater drainage system within the district.
(2) The management and treatment of the stormwater and dry weather runoff.
(3) The discharge of the water to the stormwater drainage system or receiving waters.
(4) The beneficial use of the water.
(c) In order to carry out the powers and purposes granted under this section, the district may exercise any of the powers otherwise granted to a district by this chapter to the extent those powers may be made applicable.
(d) (1) Prior to initiating a stormwater or dry weather runoff program or project within the boundaries of an adjudicated groundwater basin, a district shall consult with the relevant watermaster for a preliminary determination as to whether the project is inconsistent with the adjudication. If the watermaster deems the project to be inconsistent with the adjudication, the watermaster shall recommend, in writing, the measures that are necessary in order to conform the project to the adjudication.
(2) Prior to initiating a stormwater or dry weather runoff project within the service area of a water replenishment district, a district shall consult with the water replenishment district for the purpose of avoiding potential conflicts with water replenishment activities.
(3) Prior to initiating a stormwater or dry weather runoff project, a district shall consult with the Los Angeles County Flood Control District for the purpose of avoiding potential conflicts with flood protection and water conservation activities.
(e) This section does not affect any obligation of a district to obtain a permit that may be required by law for the activities undertaken pursuant to this section.
(f) For purposes of this section, “stormwater” and “dry weather runoff” have the same meaning as in Section 10561.5 of the Water Code.
(g) Nothing in this section shall be construed to require any local agency to participate, financially or otherwise, in a project pursued under the authority granted by this section.
(h) Nothing in this section shall be construed to alter or interfere with any of the following:
(1) Existing water rights to water from any source, including any adjudicated rights allocated by a court judgment or order, including any physical solution, rights issued by the state or a state agency, and rights acquired pursuant to any federal or state statute.
(2) Existing water rights law.
(3) Any rights, remedies, or obligations that may exist pursuant to Article 1 (commencing with Section 1200) or Article 1.5 (commencing with Section 1210) of Chapter 1 of Part 2 of Division 2 of the Water Code, Chapter 10 (commencing with Section 1700) of Part 2 of Division 2 of the Water Code, or Chapter 8.5 (commencing with Section 1501) of Part 1 of Division 1 of the Public Utilities Code.
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 of the county sanitation districts of Los Angeles County.