Bill Text: CA AB2095 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public water systems: reduction of water charges: customers impacted by COVID-19.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-05-05 - Re-referred to Com. on L. GOV. [AB2095 Detail]

Download: California-2019-AB2095-Amended.html

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Amended  IN  Assembly  February 20, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2095

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Introduced by Assembly Member Cooper

February 05, 2020

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An act to amend Section 41353 of the Education Code, relating to child nutrition. add Section 53069.55 to the Government Code, relating to local government.

LEGISLATIVE COUNSEL'S DIGEST

AB 2095, as amended, Cooper. Child nutrition: state funding. Water theft: enhanced penalties.

Existing law authorizes the legislative body of a city or a county to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, to $100 for the first violation, $200 for a 2nd violation of the same ordinance within one year of the first violation, and $500 for each additional violation of the same ordinance within one year of the first violation.

This bill would authorize the legislative body of a city or a county to make, by ordinance, any violation of an ordinance regarding water theft, as defined, subject to an administrative fine or penalty in excess of the limitations above, as specified.

Existing law authorizes a child nutrition entity, as defined, to apply to the State Department of Education for all available federal and state funds so that a nutritionally adequate breakfast or lunch, or both, may be provided to pupils each schoolday at each school in the school district or maintained by the county superintendents of schools, or at private schools and parochial schools and to children receiving child development services.

Existing law requires, from funds appropriated for child nutrition, the Superintendent of Public Instruction to expend up to 20% for state administrative expenses and up to 80% for distribution to child nutrition entities and expenditure by the department. Of that 80%, existing law prohibits the department from using more than 5% for the development, implementation, supervision, and evaluation of nutrition education programs.

This bill would decrease the maximum percentage that the Superintendent may expend for state administrative expenses to 15% and would increase the corresponding maximum percentage that the Superintendent may expend for distribution to child nutrition entities and for expenditure by the department to 85%. The bill would increase the maximum percentage that the department may expend under these provisions to 8% of that 85%.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 53069.55 is added to the Government Code, immediately following Section 53069.5, to read:

53069.55.

 (a) Notwithstanding subdivision (b) of Section 36900, the legislative body of a “local agency,” as defined in Section 54951, may, by ordinance, make any violation of an ordinance enacted by the local agency regarding water theft subject to an administrative fine or penalty.

(b) Where a violation is determined to be an infraction, it is punishable as follows:

(1) A fine not exceeding one thousand dollars ($1,000) for a first violation.

(2) A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within one year.

(3) A fine not exceeding three thousand dollars ($3,000) for each additional violation of the same ordinance within one year.

(c) “Water theft” means an action to divert, tamper, or reconnect water utility services, as defined in Section 498 of the Penal Code.

SECTION 1.Section 41353 of the Education Code is amended to read:

41353.

From funds appropriated for child nutrition, the Superintendent shall make the following expenditures:

(a)Not to exceed 15 percent for state administrative expenses.

(b)Not to exceed 85 percent for distribution to child nutrition entities, as defined by Section 49530.5, that maintain nutrition education programs on a project approval basis pursuant to subdivision (b) of Section 49534 and for expenditure by the department. Of that 85 percent, not more than 8 percent shall be used by the department for the development, implementation, supervision, and evaluation of nutrition education programs.