Bill Text: CA SB101 | 2019-2020 | Regular Session | Amended
Bill Title: Human services omnibus.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2020-06-22 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET. [SB101 Detail]
Download: California-2019-SB101-Amended.html
Amended
IN
Assembly
June 22, 2020 |
Amended
IN
Assembly
June 24, 2019 |
Introduced by Committee on Budget and Fiscal Review |
January 10, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
(1)Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Existing law declares it to be the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes.
This bill would establish the Safe and Affordable Drinking Water Fund in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and the long terms. The bill would authorize the state board to provide for the deposit
into the fund of federal contributions, voluntary contributions, gifts, grants, bequests, and moneys from other specified sources, and would continuously appropriate the moneys in the fund to the state board for grants, loans, contracts, or services to assist eligible recipients. The bill would require the state board to adopt a fund expenditure plan with specified contents and would require, on and after July 1, 2020, expenditures of the fund to be consistent with the plan. The bill would require, by January 1, 2021, the state board, in consultation with local health officers and other relevant stakeholders, to make publicly available, as specified, a map of aquifers that are used or likely to be used as a source of drinking water that are at high risk of containing contaminants that exceed safe drinking water standards. For purposes of the map, the bill would require local health officers and other relevant local agencies to provide all results of, and data associated with, water quality testing performed
by certified laboratories to the state board, as specified. By imposing additional duties on local health officers and local agencies, the bill would impose a state-mandated local program.
The act provides for the operation of public water systems and authorizes the state board to contract with, or provide a grant to, an administrator to provide administrative, technical, operational, or managerial services, or any combination of those services, to a designated water system to assist with the provision of an adequate supply of affordable, safe drinking water.
This bill would, among other things, authorize an administrator to additionally provide legal services pursuant to those provisions and to act, where the administrator is authorized to act on behalf of a designated public water system, on behalf of a voluntary participant, as defined. The bill would authorize a local agency or a privately owned
public utility to serve as an administrator for these purposes.
The act prohibits a person from operating a public water system unless the person first submits an application to the state board and receives a permit to operate the system, as specified. The act authorizes the state board, if the state board determines that it is feasible for the service area of the public water system addressed by the application to be served by one or more currently permitted public water systems, to deny the permit of a proposed new public water system if it determines that it is reasonably foreseeable that the proposed new public water system will be unable to provide affordable, safe drinking water in the reasonably foreseeable future, as prescribed.
This bill would eliminate the requirement that the state board determine that it is reasonably foreseeable that the proposed new public water system will be unable to
provide affordable, safe drinking water in the reasonably foreseeable future in order to deny the permit of a proposed new public water system.
The act defines a disadvantaged community for its purposes as an area, as specified, in which the median household income is less than 80% of the statewide average.
This bill would revise that definition to require a median household income of less than 80% of the statewide median household income level.
The act requires a public water system to submit a technical report to the state board as a part of the permit application or when otherwise required by the state board, as specified.
This bill would require a public water system to submit the report in the form and format and at intervals specified by the state board.
(2)Existing law requires a laboratory that performs analyses for regulatory purposes of drinking water, wastewater, hazardous waste, and contaminated soils or sediments to obtain certification or accreditation, as specified. Existing law requires, when a person or entity submits material to the laboratory for testing, the laboratory to report the results of all detected contaminants and pollutants to that person or entity.
This bill would require a laboratory accredited by the state board to also report the results of each drinking water analysis to the state board in the form or format and at intervals specified by the state board.
(3)The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of
emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. Existing law continuously appropriates 35% of the annual proceeds of the fund for transit, affordable housing, and sustainable communities programs and 25% of the annual proceeds of the fund for certain components of a specified high-speed rail project.
This bill, beginning in the 2020–21 fiscal year, would require 5% of the annual proceeds of the Greenhouse Gas Reduction Fund, up to the sum of $130,000,000, to be deposited into the Safe and Affordable Drinking Water Fund for the purposes of the Safe and Affordable Drinking Water Fund, subject to specified restrictions. The bill would require
the Director of Finance, beginning in the 2023–24 fiscal year and until June 30, 2030, to calculate the sum to be transferred by the Controller from the General Fund to the Safe and Affordable Drinking Water Fund if the annual transfer from the annual proceeds of the Greenhouse Gas Reduction Fund is less than $130,000,000 to equal a total transfer into the Safe and Affordable Drinking Water Fund of $130,000,000, as specified.
(4)The Budget Act of 2019 appropriates $100,000,000 from the Greenhouse Gas Reduction Fund and $30,000,000 from the General Fund to the State Water Resources Control Board for support or local assistance to fund grants, loans, contracts, or services to help water systems provide safe and affordable drinking water.
This bill would
require these moneys to be available for the purposes of the Safe and Affordable Drinking Water Fund, subject to specified restrictions.
(5)This bill would provide that its provisions are severable.
(6)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(7)This bill would declare that it is to take effect immediately as a bill
providing for appropriations related to the Budget Bill.
Digest Key
Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 17504 of the Family Code is amended to read:17504.
(a) The first fifty dollars ($50) of any amount of child support collected in a month in payment of the required support obligation for that month shall be paid to a recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.SEC. 2.
Section 17504 is added to the Family Code, to read:17504.
(a) The first one hundred dollars ($100) of any amount of child support collected in a month for a family with one child, or the first two hundred dollars ($200) for a family with two or more children, in payment of the required support obligation for that month shall be paid to a recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, and shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.SEC. 3.
Section 6253.2 of the Government Code is amended to read:6253.2.
(a) Notwithstanding any other provision of thisSEC. 4.
Section 14669.22 is added to the Government Code, to read:14669.22.
Notwithstanding any other law, the director shall exempt from the director’s approval, or approval of the department, transactions entered into by the State Department of Developmental Services for the lease, lease-purchase, or lease with the option to purchase the Stabilization, Training, Assistance and Reintegration (STAR) homes known as North STAR Home 1, located in the City of Vacaville, and as North STAR Home 2, located in the City of Vacaville, and which serve individuals with developmental disabilities. The State Department of Developmental Services may, in its sole discretion, consult with the department in the review or preparation of any lease executed pursuant to this section.SEC. 5.
Section 1267.75 of the Health and Safety Code is amended to read:1267.75.
(a) A licensee of an intermediate care facility/developmentally disabled habilitative, as defined in subdivision (e) of Section 1250, or of an intermediate care facility/developmentally disabled, as defined in subdivision (g) of Section 1250, for no more than six residents, except for the larger facilities provided for in paragraph (1) of subdivision (k), may install and utilize delayed egress devices of the time delay type in combination with secured perimeters in accordance with the provisions of this section.SEC. 6.
Section 1506 of the Health and Safety Code is amended to read:1506.
(a) (1) A foster family agency may use only a certified family home or a resource family that has been certified or approved by that agency or, pursuant to Section 1506.5, a licensed foster family home or a county-approved resource family approved for this use by the county.SEC. 7.
Section 1506.3 of the Health and Safety Code is amended to read:1506.3.
(a) A foster family agency shall employ one full-time social work supervisor for every eight social workers or fraction thereof in the agency.SEC. 8.
Section 1517 of the Health and Safety Code is amended to read:1517.
(a) (1) Pursuant to subdivision (a) of Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families.SEC. 9.
Section 1531.15 of the Health and Safety Code is amended to read:1531.15.
(a) A licensee of an adult residential facility, short-term residential therapeutic program, or group home for no more than six residents, except for the larger facilities provided for in paragraph (1) of subdivision (k), that is utilizing delayed egress devices pursuant to Section 1531.1, may install and utilize secured perimeters in accordance with the provisions of this section.SEC. 10.
Section 1562.2 is added to the Health and Safety Code, to read:1562.2.
A licensee of an adult residential facility shall inform the city and county in which the facility is located of a proposed closure, including whether the licensee intends to sell the property or business, no later than 180 days before its proposed closure, or as soon as practicably possible.SEC. 11.
Section 1569.682 of the Health and Safety Code is amended to read:1569.682.
(a) A licensee of a licensed residential care facility for the elderly shall, prior to transferring a resident of the facility to another facility or to an independent living arrangement as a result of the forfeiture of a license, as described in subdivision (a), (b), or (f) of Section 1569.19, or a change of use of the facility pursuant to the department’s regulations, take all reasonable steps to transfer affected residents safely and to minimize possible transfer trauma, and shall, at a minimum, do all of the following:(c)
(d)
(e)
(f)
(g)
SEC. 12.
Section 1567.70 of the Health and Safety Code is repealed.This article 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. 13.
Section 246 of the Labor Code is amended to read:246.
(a) (1) An employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in this section. For an individual provider of waiver personal care services under Section 14132.97 of the Welfare and Institutions Code who also provides in-home supportive services in an applicable month, eligibility shall be determined based on the aggregate number of monthly hours worked between in-home supportive services and waiver personal care services pursuant to subdivision (d) of Section 14132.971.SEC. 14.
Section 1001.20 of the Penal Code is amended to read:1001.20.
As used in this chapter:SEC. 15.
Section 1001.20 is added to the Penal Code, to read:1001.20.
(a) “Developmental disability” means a disability as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code and for which a regional center finds eligibility for services under the Lanterman Developmental Disabilities Services Act.SEC. 16.
Section 1001.21 of the Penal Code is amended to read:1001.21.
(a) This chapter shall apply whenever a case is before any court upon an accusatory pleading at any stage of the criminal proceedings, for any person who has been evaluated by a regional center for the developmentally disabled and who is determined to be a person with a cognitive developmental disability by the regional center, and who therefore is eligible for its services.SEC. 17.
Section 1001.21 is added to the Penal Code, to read:1001.21.
(a) This chapter shall apply whenever a case is before any court upon an accusatory pleading at any stage of the criminal proceedings, for any person who has been evaluated by a regional center and who is determined to be a person with a developmental disability by the regional center, and who therefore is eligible for its services.SEC. 18.
Section 1001.22 of the Penal Code is amended to read:1001.22.
The court shall consult with the prosecutor, the defense counsel, the probation department, and the appropriate regional center in order to determine whether a defendant may be diverted pursuant to this chapter. If the defendant is not represented by counsel, the court shall appoint counsel to represent the defendant. When the court suspects that a defendant may have a cognitive developmental disability, as defined in subdivision (a) of Section 1001.20, and the defendant consents to the diversion process and toSEC. 19.
Section 1001.22 is added to the Penal Code, to read:1001.22.
The court shall consult with the prosecutor, the defense counsel, the probation department, and the appropriate regional center in order to determine whether a defendant may be diverted pursuant to this chapter. If the defendant is not represented by counsel, the court shall appoint counsel to represent the defendant. When the court suspects that a defendant may have a developmental disability, as defined in subdivision (a) of Section 1001.20, and the defendant consents to the diversion process and to the case being evaluated for eligibility for regional center services, and waives their right to a speedy trial, the court shall order the prosecutor, the probation department, and the regional center to prepare reports on specified aspects of the defendant’s case. Each report shall be prepared concurrently.SEC. 20.
Section 1001.23 of the Penal Code is amended to read:1001.23.
(a) Upon the court’s receipt of the reports from the prosecutor, the probation department, and the regional center, and a determination by the regional center that the defendant does not have a cognitive developmental disability, the criminal proceedings for the offense charged shall proceed. If the defendant is found to have a cognitive developmental disability and to be eligible for regional center services, and the court determines from the various reports submitted to it that the proposed diversion program is acceptable to the court, the prosecutor, the probation department, and the regional center, and if the defendant consents to diversion and waivesSEC. 21.
Section 1001.23 is added to the Penal Code, to read:1001.23.
(a) Upon the court’s receipt of the reports from the prosecutor, the probation department, and the regional center, and a determination by the regional center that the defendant does not have a developmental disability, the criminal proceedings for the offense charged shall proceed. If the defendant is found to have a developmental disability and to be eligible for regional center services, and the court determines from the various reports submitted to it that the proposed diversion program is acceptable to the court, the prosecutor, the probation department, and the regional center, and if the defendant consents to diversion and waives their right to a speedy trial, the court may order, without a hearing, that the diversion program be implemented for a period of time as prescribed in Section 1001.28.SEC. 22.
Section 1001.29 of the Penal Code is amended to read:1001.29.
If it appears that the divertee is not meeting the terms and conditions ofSEC. 23.
Section 1001.29 is added to the Penal Code, to read:1001.29.
(a) If it appears that the divertee is not meeting the terms and conditions of the diversion program, the court may hold a hearing and amend the program to provide for greater supervision by the responsible regional center alone, by the probation department alone, or by both the regional center and the probation department. However, notwithstanding the modification of a diversion order, the court may hold a hearing to determine whether the diverted criminal proceedings should be reinstituted if any of the following circumstances exists:SEC. 24.
Section 4418.7 of the Welfare and Institutions Code is amended to read:4418.7.
(a) (1) If the regional center determines, or is informed by the consumer’s parents, legal guardian, conservator, or authorized representative that the community placement of a consumer is at risk of failing, and that admittance to an acute crisis home operated by the department is a likelihood, or the regional center is notified by a court of a potential admission to an acute crisis home operated by the department, the regional center shall immediately notify the appropriate regional resource development project, the consumer, the consumer’s parents, legal guardian, or conservator, and the regional center clients’ rights advocate. For purposes of this section, “acute crisis home operated by the department” includes the acute crisis centers at Fairview Developmental Center and Sonoma Developmental Center.SEC. 25.
Section 4646.5 of the Welfare and Institutions Code is amended to read:4646.5.
(a) The planning process for the individual program plan described in Section 4646 shall include all of the following:SEC. 26.
Section 4684.81 of the Welfare and Institutions Code is amended to read:4684.81.
(a) The department shallSEC. 27.
Section 4684.82 of the Welfare and Institutions Code is amended to read:4684.82.
The vendoring regional center shall, before placing any consumer into an enhanced behavioral supports home, ensure that the home has a license issued by the State Department of Social Services for not more than four individuals with developmental disabilities, is certified by the State Department of Developmental Services, and has a contract with the regional center that meets the contracting requirements established by the State Department of Developmental Services through regulations promulgated pursuant to this article.SEC. 28.
Section 4684.87 of the Welfare and Institutions Code is repealed.This article 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. 29.
Section 4685.8 of the Welfare and Institutions Code is amended to read:4685.8.
(a) The department shall implement a statewide Self-Determination Program. The Self-Determination Program shall be available in every regional center catchment area to provide participants and their families, within an individual budget, increased flexibility and choice, and greater control over decisions, resources, and needed and desired services and supports to implement their IPP. The statewide Self-Determination Program shall be phased in over three years, and during this phase-in period, shall serve up to 2,500 regional center consumers, inclusive of the remaining participants in the self-determination pilot projects authorized pursuant to Section 13 of Chapter 1043 of the Statutes of 1998, as amended, and Article 4 (commencing with Section 4669.2) of Chapter 5. Following the phase-in period, the program shall be available on a voluntary basis to all regional center consumers, including residents in developmental centers who are moving to the community, who are eligible for the Self-Determination Program. The program shall be available to individuals who reflect the disability, ethnic, and geographic diversity of the state. The Department of Finance may approve, upon a request from the department and no sooner than 30 days following notification to the Joint Legislative Budget Committee, an increase to the number of consumers served by the Self-Determination Program before the end of the three-year phase-in period.(z)(1)The State Council on Developmental Disabilities,
(2)
SEC. 30.
Section 4691.12 of the Welfare and Institutions Code is amended to read:4691.12.
(a) (1) Notwithstanding any other law or regulation, to the extent funds are appropriated in the annual Budget Act for this purpose, and contingent upon the approval of federal funding, the department shall provide a rate increase effective January 1, 2020, for all of the following services:(b)
SEC. 31.
Section 7502.5 of the Welfare and Institutions Code is amended to read:7502.5.
(a) An individual may be admitted to the secure treatment facility at Porterville Developmental Center, as provided in paragraphs (1) and (3) of subdivision (a) of Section 7505, only when all of the following conditions are satisfied:SEC. 32.
Section 10004 is added to the Welfare and Institutions Code, to read:10004.
(a) For all In-Home Supportive Services recipients who were due for a reassessment pursuant to Section 12301.1 between the issuance of Executive Order No. N-29-20 and June 30, 2020, and for whom one was not completed due to the waiver authority set forth in Executive Order No. N-29-20, counties shall have until December 31, 2020, to complete the required reassessments.SEC. 33.
Section 10831 of the Welfare and Institutions Code is amended to read:10831.
(a) The department shall implement and maintain a nonbiometric identity verification method in the CalWORKs program. It is the intent of the Legislature to codify additional details regarding this method so that recipients of aid, other than dependent children, will be required, as a condition of eligibility, to cooperate with this method.SEC. 34.
Section 10831 is added to the Welfare and Institutions Code, to read:10831.
(a) The department shall implement and maintain nonbiometric identity verification methods in the CalWORKs program. The methods approved by the department as of July 1, 2018, satisfy this requirement.SEC. 35.
Section 10832 of the Welfare and Institutions Code is repealed.This chapter shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 36.
Section 11265 of the Welfare and Institutions Code is amended to read:11265.
(a) The county shall redetermine eligibility annually. The county shall at the time of the redetermination, and may at other intervals as may be deemed necessary, require the family to complete a certificate of eligibility containing a written declaration of the information that may be required to establish the continuing eligibility and amount of grant pursuant to Section 11004.(d)(1) This section shall become operative on April 1, 2013. A county shall implement the requirements of this section no later than October 1, 2013.
(2)Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3)Upon filing the certificate described in paragraph (2), a county shall comply with this section.
SEC. 37.
Section 11265.1 of the Welfare and Institutions Code is amended to read:11265.1.
(a) Counties shall redetermine recipient eligibility and grant amounts on a semiannual basis in a prospective manner, using reasonably anticipated income consistent with Section 5 of the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2014(f)(3)(A)) and any subsequent amendments thereto, implementing regulations, and any waivers obtained by the department pursuant to Section 18910. Counties shall use the information reported on a recipient’s semiannual report form or annual certificate of eligibility required pursuant to Section 11265 to prospectively determine eligibility and the grant amount for each semiannual reporting period.(B)
(g)(1)This section shall become operative on April 1, 2013. A county shall implement the semiannual reporting requirements in accordance with the act that added this section no later than October 1, 2013.
(2)Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3)Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.
SEC. 38.
Section 11265.15 is added to the Welfare and Institutions Code, to read:11265.15.
(a) The department shall work with the County Welfare Directors Association of California, representatives of county eligibility workers, the Statewide Automated Welfare System, and client advocates to develop and implement the necessary system changes to prepopulate the semiannual report form described in Section 11265.1.SEC. 39.
Section 11265.2 of the Welfare and Institutions Code is amended to read:11265.2.
(a) The grant amount a recipient shall be entitled to receive for each month of the semiannual reporting period shall be prospectively determined as provided by this section. If a recipient reports that(2)Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3)Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.
SEC. 40.
Section 11265.2 is added to the Welfare and Institutions Code, to read:11265.2.
(a) The grant amount a recipient shall be entitled to receive for each month of the semiannual reporting period shall be prospectively determined as provided by this section. If a recipient reports that they do not anticipate any changes in income during the upcoming semiannual period, compared to the income the recipient reported actually receiving on the semiannual report form or the annual certificate of eligibility required pursuant to Section 11265, the grant shall be calculated using the actual income received. If a recipient reports that the recipient anticipates a change in income in one or more months of the upcoming semiannual period, the county shall determine whether the recipient’s income is reasonably anticipated. The grant shall be calculated using the income that the county determines is reasonably anticipated for the upcoming semiannual period.SEC. 41.
Section 11265.45 of the Welfare and Institutions Code is amended to read:11265.45.
(a) Notwithstanding Sections 11265.1, 11265.2, and 11265.3, a CalWORKs assistance unit that does not include an eligible adult shall not be subject to periodic reporting requirements other than the annual redetermination required in Section 11265. This subdivision shall not apply to a CalWORKs assistance unit in which the only eligible adult is under sanction in accordance with Section 11327.5.SEC. 42.
Section 11265.45 is added to the Welfare and Institutions Code,to read:11265.45.
(a) Notwithstanding Sections 11265.1, 11265.2, and 11265.3, a CalWORKs assistance unit that does not include an eligible adult shall not be subject to periodic reporting requirements other than the annual redetermination required in Section 11265. This subdivision shall not apply to a CalWORKs assistance unit in which the only eligible adult is under sanction in accordance with Section 11327.5.SEC. 43.
Section 11320.15 of the Welfare and Institutions Code is amended to read:11320.15.
(a) After a participant has been removed from the assistance unitSEC. 44.
Section 11320.15 is added to the Welfare and Institutions Code, to read:11320.15.
(a) After a participant has been removed from the assistance unit pursuant to subdivision (a) of Section 11454, additional welfare-to-work services may be provided to the recipient, at the option of the county. If the county provides services to the recipient after the 60-month limit has been reached, the recipient shall participate in community service or subsidized employment, as described in Section 11322.64.SEC. 45.
Section 11320.3 of the Welfare and Institutions Code is amended to read:11320.3.
(a) (1) Except as provided in subdivision (b) or if otherwise exempt, every individual, as a condition of eligibility for aid under this chapter, shall participate in welfare-to-work activities under this article.(7)A parent or other relative who has primary responsibility for personally providing care to one child who is from 12 to 23 months
of age, inclusive, or two or more children who are under six years of age.
(8)
(g)(1)Paragraph (7) of subdivision (b) shall be implemented notwithstanding Sections 11322.4, 11322.7, 11325.6, and 11327, and
shall become inoperative on January 1, 2013.
(2)The State Department of Social Services, in consultation with the County Welfare Directors Association of California, and advocates, shall develop a process to assist clients with reengagement in welfare-to-work activities, pursuant to subdivision (h). Reengagement activities may include notifying clients of the expiration of exemptions, reassessments, and identifying necessary supportive services.
(h)(1) A recipient who was not required to participate in welfare-to-work activities on December 31, 2012, because, in accordance with paragraph (7) of subdivision (b), he or she is a parent or other relative who has primary responsibility for personally providing care to one child who is from 12 to 23 months of age, inclusive, or two
or more children who are under six years of age shall not be required to participate until the county welfare department reengages the recipient in welfare-to-work activities.
(2)For purposes of this subdivision, reengagement in welfare-to-work activities shall include the development of a welfare-to-work plan in accordance with Section 11325.21 and the provision of necessary supportive services pursuant to Section 11323.2.
(3)County welfare departments shall reengage all recipients described in paragraph (1) by January 1, 2015, unless the recipient is otherwise eligible for an exemption under subdivision (b).
(4)A recipient reengaged in accordance with this subdivision who has received assistance under this chapter, or
from any state pursuant to the Temporary Assistance for Needy Families program (Part A (commencing with Section 401) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.)), may continue in a welfare-to-work plan that meets the requirements of Section 11322.6 for a cumulative period of 24 months commencing the first day of the first month after he or she is reengaged, unless or until he or she exceeds the 48-month time limitation described in Section 11454.
(5)All months of assistance described in paragraph (4) prior to the reengagement of the recipient shall not be applied to the 24-month limitation described in paragraph (1) of subdivision (a) of Section 11322.85.
SEC. 46.
Section 11322.8 of the Welfare and Institutions Code is amended to read:11322.8.
(a) An adult recipient required to participate in accordance with paragraph (1) of subdivision (a) of Section 11322.85, unless otherwise exempt, shall participate in welfare-to-work activities for the following number of hours per week during the month:SEC. 47.
Section 11322.8 is added to the Welfare and Institutions Code, to read:11322.8.
(a) An adult recipient required to participate in welfare-to-work activities, unless otherwise exempt, shall participate in welfare-to-work activities for the following number of hours per week during the month:SEC. 48.
Section 11322.85 of the Welfare and Institutions Code is amended to read:11322.85.
(a) Unless otherwise exempt, an applicant or recipient shall participate in welfare-to-work activities.SEC. 49.
Section 11322.86 of the Welfare and Institutions Code is amended to read:11322.86.
(a) (1) Each county may provide an extension of time during which a recipient may participate in activities described in paragraph (1) of subdivision (a) of Section 11322.85 for recipients who are unlikely to meet the requirements of paragraph (3) of subdivision (a) of Section 11322.85 upon the expiration of the 24-month time limitation described in Section 11322.85.SEC. 50.
Section 11322.87 of the Welfare and Institutions Code is amended to read:11322.87.
(a) A recipient subject to the 24-month time limitation described in Section 11322.85 may request an extension in accordance with Section 11322.86 and may present evidence to the county thatSEC. 51.
Section 11323.2 of the Welfare and Institutions Code is amended to read:11323.2.
(a) Necessary supportive services shall be offered and available to every participant to enable them to participate in a program activity or to accept or maintain employment. Necessary supportive services shall also be offered and available to every individual who is not required to participate, but chooses to participate voluntarily, to allow them to participate in a program activity or to accept or maintain employment. A participant who is required to participate and who does not receive necessary supportive services shall have good cause for not participating under subdivision (f) of Section 11320.3. Supportive services shall be listed in the welfare-to-work plan or other agreement entered into between the county and participant pursuant to this article, supportive services shall include all of the following:SEC. 52.
Section 11325.21 of the Welfare and Institutions Code is amended to read:11325.21.
(a) Any individual who is required to participate in welfare-to-work activities pursuant to this article shall enter into a written welfare-to-work plan with the county welfare department afterThe
SEC. 53.
Section 11325.21 is added to the Welfare and Institutions Code, to read:11325.21.
(a) Any individual who is required to participate in welfare-to-work activities pursuant to this article shall enter into a written welfare-to-work plan with the county welfare department after assessment, as required by subdivision (c) of Section 11320.1, but no more than 90 days after the date that a recipient’s eligibility for aid is determined or the date the recipient is required to participate in welfare-to-work activities pursuant to Section 11320.3. The recipient and the county may enter into a welfare-to-work plan as late as 90 days after the completion of the job search activity, as defined in subdivision (b) of Section 11320.1, if the job search activity is initiated within 30 days after the recipient’s eligibility for aid is determined. The plan shall include the activities and services that will move the individual into employment.SEC. 54.
Section 11325.24 of the Welfare and Institutions Code is amended to read:11325.24.
(a) If, in the course of appraisal pursuant to Section 11325.2 or at any point during an individual’s participation in welfare-to-work activities in accordance with paragraph (1) of subdivision (a) of Section 11322.85, it is determined that a recipient meets the criteria described in subdivision (b), the recipient is eligible to participate in family stabilization.SEC. 55.
Section 11325.24 is added to the Welfare and Institutions Code, to read:11325.24.
(a) If, in the course of appraisal pursuant to Section 11325.2 or at any point during an individual’s participation in welfare-to-work activities, it is determined that a recipient meets the criteria described in subdivision (b), the recipient is eligible to participate in family stabilization.SEC. 56.
Section 11333 of the Welfare and Institutions Code is amended to read:11333.
(a) Except as provided in subdivision (b), counties shall contract for the provision of intensive case management services, as described in subdivision (b) of Section 11331.7 and in Section 11332.5, with public or nonprofit agencies or school districts that administer servicesSEC. 57.
Section 11402.2 of the Welfare and Institutions Code is amended to read:11402.2.
(a) Recognizing that transitions to independence involve self-initiated changes in placements, it is the intent of the Legislature that regulations developed regarding the approval of the supervised independent living setting, as defined in subdivision (w) of Section 11400, shall ensure continuity of placement and payment while the nonminor dependent is awaiting approval ofSEC. 58.
Section 11403.2 of the Welfare and Institutions Code is amended to read:11403.2.
(a) The following persons are eligible for transitional housing provided pursuant to Article 4 (commencing with Section 16522) of Chapter 5 of Part 4:SEC. 59.
Section 11403.3 of the Welfare and Institutions Code is amended to read:11403.3.
(a) (1) Subject to subdivision (b), a transitional housing placement provider, as defined in subdivision (r) of Section 11400, that provides transitional housing services to an eligible foster youth in a facility licensed pursuant to Section 1559.110 of the Health and Safety Code, shall be paid as follows:SEC. 60.
Section 11454 of the Welfare and Institutions Code is amended to read:11454.
(a) A parent or caretaker relative shall not be eligible for aid under this chapter whenSEC. 61.
Section 11454 is added to the Welfare and Institutions Code, to read:11454.
(a) A parent or caretaker relative shall not be eligible for aid under this chapter when the parent or caretaker relative has received aid under this chapter or from any state under the Temporary Assistance for Needy Families program (Part A (commencing with Section 401) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.)) for a cumulative total of 60 months.SEC. 62.
Section 11454.1 is added to the Welfare and Institutions Code, to read:11454.1.
(a) County welfare departments shall provide each recipient who is subject to the 60-month time limitation described in subdivision (a) of Section 11454 with written notice describing the 60-month time limitation described in that subdivision and the process by which recipients may claim exemptions from, and extensions to, the time limit.SEC. 63.
Section 11454.2 of the Welfare and Institutions Code is repealed.For purposes of making the transition to the requirements of the act that added this section, county welfare departments shall provide any assistance unit that includes a member who will reach the 48-month time limit described in subdivision (a) of Section 11454 before January 1, 2012, a notice of action 30 days prior to the date upon which the grant of the assistance unit will be reduced. This notice shall include a statement
of the rights granted pursuant to Chapter 7 (commencing with Section 10950) of Part 2.
SEC. 64.
Section 11454.5 of the Welfare and Institutions Code is amended to read:11454.5.
(a) Any month in which the following conditions exist shall not be counted as a month of receipt of aid for the purposes of subdivision (a) of, and paragraph (1) of subdivision (b) of, Section 11454:(6)The recipient was exempt from participation under paragraph (7) of subdivision (b) of Section 11320.3 and has not been reengaged in accordance with subdivision (h) of Section 11320.3.
(c)This section shall become operative on January 1, 2013.
SEC. 65.
Section 11461.36 of the Welfare and Institutions Code is amended to read:11461.36.
(a) It is the intent of the Legislature to provide support to emergency caregivers, as defined in subdivision (c), who care for children and nonminor dependents before approval of an application under the Resource Family Approval Program.SEC. 66.
Section 11463 of the Welfare and Institutions Code is amended to read:11463.
(a) The department shall commence development of a new payment structure for the Title IV-E funded foster family agency placement option that maximizes federal funding, in consultation with county placing agencies.SEC. 67.
Section 11523 of the Welfare and Institutions Code is amended to read:11523.
(a) This section shall be known and may be cited as the CalWORKs Outcomes and Accountability Review Act of 2017.(h)
SEC. 68.
Section 11523.05 is added to the Welfare and Institutions Code, immediately following Section 11523, to read:11523.05.
(a) Notwithstanding any other law, any contract or grant necessary for the State Department of Social Services to implement or evaluate the Cal-OAR initiative pursuant to this article is exempt from all of the following:SEC. 69.
Section 11523.1 of the Welfare and Institutions Code is amended to read:11523.1.
The Legislature finds and declares all of the following:SEC. 70.
Section 12301.24 of the Welfare and Institutions Code, as amended by Section 1 of Chapter 87 of the Statutes of 2018, is amended to read:12301.24.
(a) Effective November 1, 2009, all prospective providers shall complete a provider orientation at the time of enrollment, as developed by the department, in consultation with counties, which shall include, but is not limited to, all of the following:(f)(1)Section 3557
(2)During
(g)This section shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed.
SEC. 71.
Section 12301.24 of the Welfare and Institutions Code, as added by Section 2 of Chapter 87 of the Statutes of 2018, is repealed.(a)Effective November 1, 2009, all prospective providers shall complete a provider orientation at the time of enrollment, as developed by the department, in consultation with counties, which shall include, but is not limited to, all of the following:
(1)The requirements to be an eligible IHSS provider.
(2)A description of the IHSS program.
(3)The rules, regulations, and provider-related processes and procedures, including timesheets.
(4)The consequences of committing fraud in the IHSS program.
(5)The Medi-Cal toll-free telephone fraud hotline and Internet Web site for reporting suspected fraud or abuse in the provision or receipt of supportive services.
(6)The applicable federal and state requirements regarding minimum wage and overtime pay, including paid travel time and wait time, and the requirements of Section 12300.4.
(b)In order to complete provider enrollment, at the conclusion of the provider orientation, all applicants shall sign a statement specifying that the provider agrees to all of the following:
(1)He or she will provide to a recipient the authorized services.
(2)He or she
has received a demonstration of, and understands, timesheet requirements, including content, signature, and fingerprinting, when implemented.
(3)He or she shall cooperate with state or county staff to provide any information necessary for assessment or evaluation of a case.
(4)He or she understands and agrees to program expectations and is aware of the measures that the state or county may take to enforce program integrity.
(5)He or she has attended the provider orientation and understands that failure to comply with program rules and requirements may result in the provider being terminated from providing services through the IHSS program.
(c)Between
November 1, 2009, and June 30, 2010, all current providers shall receive the information described in this section. Following receipt of this information, a provider shall submit a signed agreement, consistent with the requirements of this section, to the appropriate county office.
(d)The county shall indefinitely retain this statement in the provider’s file. Refusal of the provider to sign the statement described in subdivision (b) shall result in the provider being ineligible to receive payment for the provision of services and participate as a provider in the IHSS program.
(e)Beginning no later than April 1, 2015, all of the following shall apply:
(1)The orientation described in subdivision (a) shall be an onsite orientation
that all prospective providers shall attend in person.
(2)Prospective providers may attend the onsite orientation only after completing the application for the IHSS provider enrollment process described in subdivision (a) of Section 12305.81.
(3)Any oral presentation and written materials presented at the orientation shall be translated into all IHSS threshold languages in the county.
(4)Representatives of the recognized employee organization in the county shall be permitted to make a presentation of up to 30 minutes at the orientation. Prior to implementing the orientation requirements set forth in this subdivision, counties shall provide at least the level of access to, and the ability to make presentations at,
provider orientations that they allowed the recognized employee organization in the county as of September 1, 2014.
(f)(1)Section 3557 of the Government Code shall apply to provider orientations in the Counties of Los Angeles, Merced, and Orange.
(2)During the period between the effective date of the act that added this subdivision and the date of expiration of an existing memorandum of understanding or collective bargaining agreement between the recognized employee organization and the county or the public authority or nonprofit consortium established pursuant to Section 12301.6, a request to meet and confer pursuant to subdivision (a) of Section 3557 of the Government Code shall reopen the existing memorandum of understanding or collective bargaining
agreement solely for the limited purpose of negotiating an agreement regarding access of the recognized employee organization to provider orientations. Either party may elect to negotiate a side letter or similar agreement in lieu of reopening the existing memorandum of understanding or collective bargaining agreement. This section, however, does not abrogate existing agreements between the recognized employee organization and the county or the public authority or nonprofit consortium. Any agreement negotiated between the recognized employee
organization and a public authority or nonprofit consortium established pursuant to Section 12301.6 regarding access of the recognized employee organization to provider orientations shall be binding on the county in which the orientation takes place.
(g)This section shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed.
SEC. 72.
Section 12305.7 of the Welfare and Institutions Code is amended to read:12305.7.
The department shall perform all of the following activities:(e)(1)The department, in consultation with counties and in accordance with Section 12305.72, shall develop a standardized curriculum, training materials, and work aids, and operate an ongoing, statewide training program on the supportive services uniformity system for county workers, managers, quality assurance staff, state hearing officers, and public authority or nonprofit consortium staff, to the extent a county operates a public authority or nonprofit consortium. The training shall be expanded to include variable assessment intervals, statewide hourly task guidelines, and use of the protective supervision medical certification form as the development of each of these components is completed. Training
(2)On or before July 1, 2010, the department, in consultation with the State Department of Health Care Services, counties, and other stakeholders, as appropriate, shall ensure that a standardized curriculum and training materials for county social workers are developed for the purpose of preventing fraud within the program.
SEC. 73.
Section 12305.71 of the Welfare and Institutions Code is amended to read:12305.71.
(a) Counties shall perform the following quality assurance activities:(a)
(b)
(c)
(1)
(2)
(3)
(A)
(B)
(C)
(i)
(ii)
(iii)
(4)
(5)
(d)
(e)
SEC. 74.
Section 15204.2 of the Welfare and Institutions Code is amended to read:15204.2.
(a) It is the intent of the Legislature that the annual Budget Act appropriate state and federal funds in a single allocation to counties for the support of administrative activities undertaken by the counties to provide benefit payments to recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3 and to provide required work activities and supportive services in order to efficiently and effectively carry out the purposes of that chapter.SEC. 75.
Section 16519.5 of the Welfare and Institutions Code, as amended by Section 1 of Chapter 810 of the Statutes of 2019, is amended to read:16519.5.
(a) The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families.SEC. 76.
Section 16519.5 of the Welfare and Institutions Code, as added by Section 2 of Chapter 810 of the Statutes of 2019, is amended to read:16519.5.
(a) The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families.SEC. 77.
Section 16521.8 of the Welfare and Institutions Code is amended to read:16521.8.
(a) (1) A child welfare public health nursing early intervention program shall be conducted in the County of LosSEC. 78.
Section 16527 of the Welfare and Institutions Code is amended to read:16527.
(a) The department shall establish a statewide hotline as the entry point for the Family Urgent Response System, which shall be available 24 hours a day, seven days a week, to respond to calls from a caregiver or current or former foster child or youth during moments of instability. Both of the following shall be available through this hotline:SEC. 79.
Section 16529 of the Welfare and Institutions Code is amended to read:16529.
(a) County child welfare, probation, and behavioral health agencies, in each county or region of counties as specified in subdivision(d)
(2)
(3)
(4)
(e)
(f)
SEC. 80.
Section 16530 of the Welfare and Institutions Code is amended to read:16530.
(a) This chapter shall be inoperative in any fiscal year for which funding is not appropriated in the annual Budget Act for the purpose of complying with the requirements ofSEC. 81.
Section 17021 of the Welfare and Institutions Code is amended to read:17021.
(a) Any individual who is not eligible for aid under Chapter 2 (commencing with Section 11200) of Part 3 as a result of the 48-month limitation specified in subdivision (a) of Section 11454 shall not be eligible for aid or assistance under this part until all of the children of the individual on whose behalf aid was received, whether or not currently living in the home with the individual, are 18 years of age or older.SEC. 82.
Section 17021 is added to the Welfare and Institutions Code, to read:17021.
(a) Any individual who is not eligible for aid under Chapter 2 (commencing with Section 11200) of Part 3 as a result of the 60-month limitation specified in subdivision (a) of Section 11454 shall not be eligible for aid or assistance under this part until all of the children of the individual on whose behalf aid was received, whether or not currently living in the home with the individual, are 18 years of age or older.SEC. 83.
Section 18900.8 of the Welfare and Institutions Code is amended to read:18900.8.
The State Department of Social Services shall work with representatives of county human services agencies and the County Welfare Directors Association of California to update the budgeting methodology used to determine the annual funding for county administration of the CalFresh Program beginning with theSEC. 84.
Section 18901 of the Welfare and Institutions Code is amended to read:18901.
(a) The eligibility of households shall be determined to the extent permitted by federal law.SEC. 85.
Section 18901.1 of the Welfare and Institutions Code is amended to read:(a)The department shall issue guidance to simplify the verification of dependent care expense deductions necessary to determine a household’s eligibility for, or the benefit level of, CalFresh. The guidance shall establish
18901.1.
(a) The department shall issue guidance to counties that does all of the following:
(b)This section shall not preclude the
(c)
SEC. 86.
Section 18901.10 of the Welfare and Institutions Code is amended to read:18901.10.
To the extent permitted by federal law, and subject to the limitation in subdivision(c)Nothing in this section shall
SEC. 87.
Section 18901.25 of the Welfare and Institutions Code is amended to read:18901.25.
(a) There is hereby created the Safe Drinking Water Supplemental Benefit Pilot Program, a state-funded program to provide additional CalFresh nutrition benefits for interim assistance to purchase safe drinking water in areas where it is necessary.SEC. 88.
Section 18906.55 is added to the Welfare and Institutions Code, to read:18906.55.
(a) (1) Notwithstanding Section 18906.5 or any other law, in order to provide fiscal relief for the substantial fiscal pressures on counties created by the unprecedented and unanticipated CalFresh caseload growth and 1991 Realignment revenue declines resulting from the COVID-19 pandemic, for the 2020–21 and 2021–22 fiscal years, the amount of a county’s share of the nonfederal costs for administration of CalFresh is capped at the amount the county was required to contribute to receive its full allocation of state General Fund moneys under the Budget Act of 2019 (Chapter 23, Statutes of 2019).SEC. 89.
Section 18910.2 is added to the Welfare and Institutions Code, to read:18910.2.
(a) The department shall convene a workgroup that includes, but is not limited to, the County Welfare Directors Association of California, representatives of county eligibility workers, the Statewide Automated Welfare System, and client advocates to consider changes to semiannual reporting with the goal of reducing the reporting burden on recipients and reducing the workload for county eligibility staff.SEC. 90.
Section 18918.1 is added to the Welfare and Institutions Code, to read:18918.1.
(a) In an effort to expand CalFresh program outreach and retention and improve dual enrollment between the CalFresh and Medi-Cal programs, county welfare departments shall, no later than January 1, 2022, do all of the following:SEC. 91.
Section 18927 of the Welfare and Institutions Code is amended to read:18927.
(a) Current and future CalFresh benefits shall be reduced in accordance with subdivisions (c) and (d) to recover an overissuance caused by intentional program violation, as defined in subdivision (c) of Section 273.16 of Title 7 of the Code of Federal Regulations, fraud, or inadvertent household error.SEC. 92.
(a) (1) The sum of seventeen million five hundred thousand dollars ($17,500,000) of the funding appropriated from the General Fund to the California Department of Aging for the Senior Nutrition Program, as authorized in Schedule (1) of Item 4170-101-0001 of Section 2.00 of the Budget Act of 2020, shall be suspended on December 31, 2021, unless the conditions specified in paragraph (2) are met.SEC. 93.
(a) (1) The funding appropriated from the General Fund to the State Department of Social Services for the Emergency Child Care Bridge Program, as authorized in paragraph (1) of subdivision (a) of Provision 11 of Schedule (1) of Item 5180-101-0001 of Section 2.00 of the Budget Act of 2020, shall be suspended on December 31, 2021, unless the conditions specified in paragraph (2) apply.SEC. 94.
Notwithstanding 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), the State Department of Social Services shall issue an all-county letter or similar instructions no later than October 31, 2020, to facilitate the automation changes necessary to implement the changes made to Sections 11265.2, 11265.45, 11320.15, 11322.8, 11322.85, 11322.86, 11322.87, 11325.21, 11325.24, 11454, 11454.1, 11454.2, and 17021 of the Welfare and Institutions Code.SEC. 95.
Notwithstanding 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), the State Department of Social Services may implement and administer Sections 10004, 18901.25, and 18906.55 of, and subdivision (h) of Section 11523 of, the Welfare and Institutions Code, which are added or amended by this act, through all-county letters or similar instruction that shall have the same force and effect as regulations.SEC. 96.
(a) Notwithstanding 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), the State Department of Social Services may implement and administer Sections 11265, 18901, 18901.1, and 18901.10 of, and subdivision (a) of Section 18918.1 of, the Welfare and Institutions Code, which are amended by this act, through all-county letters or similar instruction that shall have the same force and effect as regulations until regulations are adopted.SEC. 97.
(a) Notwithstanding 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), the State Department of Social Services may implement and administer Sections 11265.1, 11265.15, 11265.2, 11265.45, 11320.15, 11322.8, 11322.85, 11322.86, 11322.87, 11325.21, 11325.24, 11454, and 11454.1, and 17021 of, and subdivision (b) of Section 18918.1 of, the Welfare and Institutions Code, which are added or amended by this act, through all-county letters or similar instruction that shall have the same force and effect as regulations until regulations are adopted.SEC. 98.
No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.SEC. 99.
The sum of two hundred thirty-four thousand dollars ($234,000) is hereby appropriated from the General Fund to the State Department of Developmental Services to implement the provisions of this act relating to information security. These funds shall be available for encumbrance or expenditure until June 30, 2021, and available for liquidation until June 30, 2023.SEC. 100.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the County of Los Angeles’ unique position to improve outcomes for the expanded population of youth at risk of entering the foster care system by maximizing access to health care and health education, and connecting the youth to safety net services.SEC. 101.
The Legislature finds and declares that Section 3 of this act, which amends Section 6253.2 of the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:SEC. 102.
No reimbursement is required by the section of this act that repeals Section 1567.70 of the Health and Safety Code, 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 the repeal of that section creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.SEC. 103.
To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.SEC. 104.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.A local agency may serve as an administrator for the purposes of Section 116686 of the Health and Safety Code.
(a)The Legislature shall appropriate the annual proceeds of the fund for the purpose of reducing greenhouse gas emissions in this state in accordance with the requirements of Section 39712.
(b)To carry out a portion of the requirements of subdivision (a), the annual proceeds of the fund are continuously appropriated for the following:
(1)Beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of
the annual proceeds of the fund are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as follows:
(A)Ten percent of the annual proceeds of the fund is hereby continuously appropriated to the Transportation Agency for the Transit and Intercity Rail Capital Program created by Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code.
(B)Five percent of the annual proceeds of the fund is hereby continuously appropriated to the Low Carbon Transit Operations Program created by Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code. Moneys shall be allocated by the Controller, according to requirements of the program, and pursuant to the distribution formula in subdivision (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, the Public Utilities Code.
(C)Twenty percent of the annual proceeds of the fund is hereby continuously appropriated to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program created by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. Of the amount appropriated in this subparagraph, no less than 10 percent of the annual proceeds of the fund shall be expended for affordable housing, consistent with the provisions of that program.
(2)Beginning in the 2015–16 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code:
(A)Acquisition and construction costs of the project.
(B)Environmental review and design costs of the project.
(C)Other capital costs of the project.
(D)Repayment of any loans made to the authority to fund the project.
(3)(A)Beginning in the 2020–21 fiscal year, and until June 30, 2030, 5 percent of the annual proceeds of the fund, up to the sum of one hundred thirty million dollars ($130,000,000), is hereby annually transferred to the Safe and Affordable Drinking Water Fund established pursuant to Section 116765 for the purposes of Chapter 4.6 (commencing with Section 116765) of Part 12 of Division 104.
(B)Moneys transferred under this paragraph
shall be used for the purpose of facilitating the achievement of reductions of greenhouse gas emissions in this state in accordance with the requirements of Section 39712 or to improve climate change adaptation and resiliency of disadvantaged communities or low-income households or communities, consistent with Division 25.5 (commencing with Section 38500). For purposes of the moneys transferred under this paragraph, a state agency may also comply with the requirements of paragraphs (2) and (3) of subdivision (a) of Section 16428.9 of the Government Code by describing how each proposed expenditure will improve climate change adaptation and resiliency of disadvantaged communities or low-income households or communities.
(c)In determining the amount of annual proceeds of the fund for purposes of the calculation in subdivision (b), the funds subject to Section 39719.1 shall not be
included.
(a)A laboratory accredited by the state board shall report, in a timely fashion and in accordance with the request for analysis, the full and complete results of all detected contaminants and pollutants to the person or entity that submitted the material for testing. The state board may adopt regulations to establish reporting requirements for this section.
(b)A laboratory accredited by the state board shall report the results of each drinking water analysis the laboratory conducts to the state board in the form or format and at intervals specified by the state board.
As used in this chapter:
(a)“Contaminant” means any physical, chemical, biological, or radiological substance or matter in water.
(b)“Department” means the state board.
(c)“Primary drinking water standards” means:
(1)Maximum levels of contaminants that, in the judgment of the state board, may have an adverse effect on the health of persons.
(2)Specific treatment techniques adopted by the state board in lieu of maximum contaminant levels pursuant to subdivision (j) of Section 116365.
(3)The monitoring and reporting requirements as specified in regulations adopted by the state board that pertain to maximum contaminant levels.
(d)“Secondary drinking water standards” means standards that specify maximum contaminant levels that, in the judgment of the state board, are necessary to protect the public welfare. Secondary drinking water standards may apply to any contaminant in drinking water that may adversely affect the odor or appearance of the water and may cause a substantial number of persons served by the public water system to discontinue its use, or that may otherwise adversely affect the public welfare. Regulations establishing secondary drinking water standards may vary according to geographic and other circumstances and may apply to any contaminant in drinking water that adversely affects the taste, odor, or appearance of the water when the standards are
necessary to ensure a supply of pure, wholesome, and potable water.
(e)“Human consumption” means the use of water for drinking, bathing or showering, hand washing, oral hygiene, or cooking, including, but not limited to, preparing food and washing dishes.
(f)“Maximum contaminant level” means the maximum permissible level of a contaminant in water.
(g)“Person” means an individual, corporation, company, association, partnership, limited liability company, municipality, public utility, or other public body or institution.
(h)“Public water system” means a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves at least 25 individuals daily at least
60 days out of the year. A public water system includes the following:
(1)Any collection, treatment, storage, and distribution facilities under control of the operator of the system that are used primarily in connection with the system.
(2)Any collection or pretreatment storage facilities not under the control of the operator that are used primarily in connection with the system.
(3)Any water system that treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption.
(i)“Community water system” means a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents of the area served by the system.
(j)“Noncommunity water system” means a public water system that is not a community water system.
(k)“Nontransient noncommunity water system” means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over six months per year.
(l)“Local health officer” means a local health officer appointed pursuant to Section 101000 or a local comprehensive health agency designated by the board of supervisors pursuant to Section 101275 to carry out the drinking water program.
(m)“Significant rise in the bacterial count of water” means a rise in the bacterial count of water that the state board determines, by regulation, represents an immediate danger to the health of water users.
(n)“State small water system” means a system for the provision of piped water to the public for human consumption that serves at least five, but not more than 14, service connections and does not regularly serve drinking water to more than an average of 25 individuals daily for more than 60 days out of the year.
(o)“Transient noncommunity water system” means a noncommunity water system that does not regularly serve at least 25 of the same persons over six months per year.
(p)“User” means a person using water for domestic purposes. User does not include a person processing, selling, or serving water or operating a public water system.
(q)“Waterworks standards” means regulations adopted by the state board entitled “California Waterworks Standards”
(Chapter 16 (commencing with Section 64551) of Division 4 of Title 22 of the California Code of Regulations).
(r)“Local primacy agency” means a local health officer that has applied for and received primacy delegation pursuant to Section 116330.
(s)“Service connection” means the point of connection between the customer’s piping or constructed conveyance, and the water system’s meter, service pipe, or constructed conveyance. A connection to a system that delivers water by a constructed conveyance other than a pipe shall not be considered a connection in determining if the system is a public water system if any of the following apply:
(1)The water is used exclusively for purposes other than residential uses, consisting of drinking, bathing, and cooking, or other similar uses.
(2)The state board determines that alternative water to achieve the equivalent level of public health protection provided by the applicable primary drinking water regulation is provided for residential or similar uses for drinking and cooking.
(3)The state board determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a passthrough entity, or the user to achieve the equivalent level of protection provided by the applicable primary drinking water regulations.
(t)“Resident” means a person who physically occupies, whether by ownership, rental, lease, or other means, the same dwelling for at least 60 days of the year.
(u)“Water treatment
operator” means a person who has met the requirements for a specific water treatment operator grade pursuant to Section 106875.
(v)“Water distribution operator” means a person who has met the requirements for a specific water distribution operator grade pursuant to Section 106875.
(w)“Water treatment plant” means a group or assemblage of structures, equipment, and processes that treats, blends, or conditions the water supply of a public water system.
(x)“Water distribution system” means any combination of pipes, tanks, pumps, and other physical features that deliver water from the source or water treatment plant to the consumer.
(y)“Public health goal” means a goal established by the Office of Environmental Health Hazard Assessment pursuant to
subdivision (c) of Section 116365.
(z)“Small community water system” means a community water system that serves no more than 3,300 service connections or a yearlong population of no more than 10,000 persons.
(aa)“Disadvantaged community” means the entire service area of a community water system, or a community therein, in which the median household income is less than 80 percent of the statewide annual median household income level.
(ab)“State board” means the State Water Resources Control Board.
(ac)“Deputy director” means the deputy director appointed by the state board pursuant to subdivision (k) of Section 116271.
Any person operating a public water system shall obtain and provide at that person’s expense an analysis of the water to the state board, in the form, covering those matters, and at intervals as the state board by regulation may prescribe. The analysis shall be performed by a laboratory duly certified by the state board.
(a)A public water system shall submit a technical report to the state board as part of the permit application or when otherwise required by the state board. This report may include, but not be limited to, detailed plans and specifications, water quality information, physical descriptions of the existing or proposed system, information related to technical, managerial, and financial capacity and sustainability, and information related to achieving the goals of Section 106.3 of the Water Code, including affordability and accessibility.
(b)A public water system shall submit the report in the form and format and at intervals specified by the state board.
(a)Following completion of the investigation and satisfaction of the requirements of paragraphs (1) and (2), the state board shall issue or deny the permit. The state board may impose permit conditions, requirements for system improvements, technical, financial, or managerial requirements, and time schedules as it deems necessary to ensure a reliable and adequate supply of water at all times that is pure, wholesome, potable, and does not endanger the health of consumers.
(1)A public water system that was not in existence on January 1, 1998, shall not be granted a permit unless the public water system demonstrates to the state board that the water supplier possesses adequate financial, managerial, and technical capability to ensure the delivery of pure,
wholesome, and potable drinking water. This section shall also apply to any change of ownership of a public water system.
(2)A permit under this chapter shall not be issued to an association organized under Title 3 (commencing with Section 18000) of the Corporations Code. This section shall not apply to unincorporated associations that, as of December 31, 1990, are holders of a permit issued under this chapter.
(b)Notwithstanding Section 116330, a local primacy agency shall not issue a permit under this article without the concurrence of the state board.
(c)In considering whether to approve a proposed new public water system, the state board shall consider the sustainability of the proposed new public water system and its water supply in the reasonably foreseeable future, in view of global climate change,
potential migration of groundwater contamination and other potential treatment needs, and other factors that can significantly erode a system’s capacity.
(d)If the state board determines that it is feasible for the service area of the public water system addressed by an application under this article to be served by one or more permitted public water systems identified pursuant to paragraph (1) of subdivision (c) of Section 116527, the state board may deny the permit of a proposed new public water system.
(e)An applicant may petition the state board for reconsideration of a decision of action of the deputy director taken pursuant to this section.
(a)(1)To provide an adequate supply of affordable, safe drinking water to disadvantaged communities, voluntary participants, and public water systems that have demonstrated difficulty in maintaining technical, managerial, and financial capacity and to prevent fraud, waste, and abuse, the state board may do any of the following, if sufficient funding is available:
(A)(i)Contract with, or provide a grant to, an administrator to provide administrative, technical, operational, legal, or managerial services, or any combination of those services, to a designated water system to assist the designated water system with the
provision of an adequate supply of affordable, safe drinking water, which may include steps necessary to enable consolidation.
(ii)To fulfill the requirements of this section, the state board may contract with more than one administrator, but only one administrator may be assigned to provide services to a given designated water system.
(iii)An administrator may provide services to more than one designated water system.
(B)Order the designated water system to accept administrative, technical, operational, legal, or managerial services, including full management and control of all aspects of the designated water system, from an administrator selected by the state board.
(C)Order the designated water system to accept administrative, technical, operational, legal, or managerial services from an administrator appointed by the state board for full oversight of construction or development projects related to a consolidation or extension of service,
including, but not limited to, accepting loans and grants issued by the state board and entering into contracts on behalf of the designated water system.
(2)In performing its duties pursuant to paragraph (1), the state board may use criteria from the policy handbook adopted pursuant to subdivision (g).
(b) Unless the state board has already held a public meeting pursuant to subdivision (b) of Section 116682, the state board shall do all of the following to determine that a public water system or state small water system is a designated water system:
(1)Provide the public water system or state small water system with notice and an opportunity to show either of the following:
(A)That the public water system or state small water system has not consistently failed to provide an adequate supply of affordable, safe drinking water.
(B)That the public water system or state small water system has taken steps to timely address its failure to provide an adequate supply of affordable, safe drinking water.
(2)(A)Conduct a public meeting in a location as close as
feasible to the affected community.
(B)The state board shall make reasonable efforts to provide a 30-day notice of the meeting to affected ratepayers, renters, and property owners.
(C)Representatives of the public water system or state small water system, affected ratepayers, renters, and property owners shall be provided an opportunity to present oral and written comments at the meeting.
(D)The meeting shall provide an opportunity for public comment.
(3)Provide an opportunity to submit comments by mail or electronically during the 30-day notice period and for at least one week after the public meeting described in paragraph (2).
(4)If the public water system is operated by a local
educational agency, obtain the local educational agency’s agreement, in writing, to the appointment of an administrator.
(c)The state board shall make financial assistance available to an administrator for a designated water system, as appropriate and to the extent that funding is available.
(d)The authority granted to an administrator by the state board pursuant to subdivision (a) may include, but shall not be limited to, the authority to do all of the following:
(1)Expend available moneys for capital infrastructure improvements that the designated water system needs to provide an adequate supply of affordable, safe drinking water or to execute a consolidation ordered pursuant to Section 116682.
(2)Set and collect user water rates and fees, subject to approval by the state board. The state board shall consider affordability when approving water rates and fees. The provisions of this section are subject to all applicable constitutional requirements, including Article XIII D of the California Constitution.
(3)Expend available moneys for operation and maintenance costs of the designated water system.
(4)Expend available moneys necessary to achieve consolidation,
including conducting feasibility or planning studies, or addressing outstanding technical or legal issues.
(e)The state board shall work with the administrator of a designated water system and the communities served by that designated water system to develop, within the shortest practicable timeframe, adequate technical, managerial, and financial capacity to deliver an adequate supply of affordable, safe drinking water so that the services of the administrator are no longer necessary.
(f)A designated water system shall not be responsible for any costs associated with an administrator that are higher than the costs necessary to maintain the designated water system and provide an adequate supply of affordable, safe drinking water.
(g)Before ordering a designated water system to accept
administrative, technical, operational, legal, or managerial services from an administrator pursuant to subdivision (a), the state board shall develop standards, terms, and procedures in a policy handbook adopted consistent with the process provided for in subdivision (a) of Section 116760.43 for all of the following:
(1)Ensuring compliance with subdivision (f).
(2)Providing opportunity for public comment on selection of an administrator and the services to be provided.
(3)Providing public access to budgets, ownership and financial information, and other documents and records related to the provision
of water service to the designated water system or affected residences and to the management of the designated water system by the administrator.
(4)Providing regular public meetings, notifications, opportunities for public comment, and other forms of engagement with customers of the designated water system for significant decisions or actions made on behalf of the designated water system, including, but not limited to, establishing operating budgets, altering water rates, adopting system policies, entering into long-term contracts or financing commitments, and developing system projects or plans.
(5)Formal requests to the state board to reverse or modify a decision of an administrator or to request substitution of an administrator.
(6)Ensuring an administrator acts in the best interests of the community
served.
(7)Development and approval of a post-administrator drinking water service plan to ensure compliance with subdivision (e). Development of the plan shall include, but is not limited to, an evaluation of long-term public governance or community ownership options.
(h)Administrative and managerial contracts pursuant to this section shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and may be awarded on a noncompetitive bid basis as necessary to implement the purposes of this section.
(i)For purposes of this section, a local government, as defined in Article XIII C of the California Constitution, that sets water rates in accordance with Article XIII D of the California Constitution shall be deemed to
be providing affordable water.
(j)This section does not apply to a charter city, charter county, or charter city and county.
(k)(1)For purposes of this section, an administrator is authorized to act on behalf of an affected residence to the same extent, and in the same manner, as a designated water system with the consent of the affected residence.
(2)For purposes of this section, where an administrator is authorized to act on behalf of a designated public water system, it may also act on behalf of a voluntary participant.
(l)The Legislature finds and declares that the funding provided to a state small water system, affected residence, public water system, voluntary participant, or administrator for purposes of this section serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.
(m)For purposes of this section, the following terms have the following meanings:
(1)“Administrator” means a person whom the state board has determined is competent to perform the administrative, technical, operational,
legal, or managerial services required for purposes of this section, pursuant to criteria set forth in the policy handbook adopted pursuant to subdivision (g). Notwithstanding any other law, a privately owned public utility may serve as an administrator for purposes of this section.
(2)“Designated water system” means a public water system or state small water system that has been ordered to consolidate pursuant to Section 116682 or that serves a disadvantaged community, and that the state board finds consistently fails to provide an adequate supply of affordable, safe drinking water.
(3)“Domestic well” has the same meaning as defined in Section 116766.
(4)“Voluntary participant” means the owner of a domestic well or state small water system who has agreed to accept financial assistance pursuant to Chapter 4.6 (commencing with Section 116765) for the provision of an adequate and affordable supply of safe drinking water.
(a)The Safe and Affordable Drinking Water Fund is hereby established in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long terms. Notwithstanding Section 13340 of the Government Code, all moneys deposited in the fund are continuously appropriated to the board to fund the following:
(1)Operation and maintenance costs to help deliver an adequate supply of safe drinking water in both the near and long terms.
(2)Consolidating water systems, or extending drinking water services to other public water systems, domestic wells, and state small water systems.
(3)The provision of replacement water, as needed, to ensure immediate protection of health and safety as a short-term solution.
(4)The provision of services under Section 116686 for purposes of helping the systems become self-sufficient in the long term.
(5)The development, implementation, and sustainability of long-term drinking water solutions.
(6)Board costs associated with the implementation and administration of programs pursuant to this chapter.
(b)Moneys in the fund may be expended to address drinking water contamination from contaminants that may violate secondary drinking water standards or other contamination that may not exceed a current safe drinking water standard.
(c)Consistent with subdivision (a), the board shall expend moneys in the fund for grants, loans, contracts, or services to assist eligible recipients.
(d)(1)Eligible recipients of funding under this chapter are public agencies, nonprofit organizations, public utilities, mutual water companies, federally recognized California Native American tribes, nonfederally recognized Native American tribes on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004, administrators, and groundwater sustainability agencies.
(2)To be eligible for funding under this chapter, grants, loans, contracts, or services provided to a public utility that is regulated by the Public Utilities Commission or a mutual water company shall have a clear and
definite public purpose and shall benefit the customers of the water system and not the investors.
(e)On and after July 1, 2020, an expenditure from the fund shall be consistent with the fund expenditure plan, as provided in Article 3 (commencing with Section 116767).
(f)The board may expend moneys from the fund for reasonable costs associated with the administration of this chapter, not to exceed 5 percent of the annual deposits into the fund.
(g)In administering the fund, the board shall make reasonable efforts to ensure that funds are used to secure the long-term sustainability of drinking water service and infrastructure, including, but not limited to, requiring adequate technical, managerial, and financial capacity of eligible applicants as part of funding agreement outcomes.
(h)Beginning in the 2023–24 fiscal year, and each fiscal year thereafter until June 30, 2030, if the annual transfer to the fund pursuant to paragraph (3) of subdivision (b) of Section 39719 is less than one hundred thirty million dollars ($130,000,000), on an annual basis the Director of Finance shall calculate a sum equivalent to the difference, up to one hundred thirty million dollars ($130,000,000), and the Controller shall transfer that sum from the General Fund to the Safe and Affordable Drinking Water Fund. This subdivision is operative only while a market-based compliance mechanism adopted pursuant to Section 38562 is operative.
For the purposes of this chapter:
(a)“Adequate supply” has the same meaning as defined in Section 116681.
(b)“Administrator” has the same meaning as defined in Section 116686.
(c)“Board” means the State Water Resources Control Board.
(d)“Community water system” has the same meaning as defined in Section 116275.
(e)“Consistently fails” has the same meaning as defined in Section 116681.
(f)“Disadvantaged community” has the same meaning
as defined in Section 79505.5 of the Water Code.
(g)“Domestic well” has the same meaning as defined in Section 116681.
(h)“Fund” means the Safe and Affordable Drinking Water Fund established pursuant to Section 116765.
(i)“Fund expenditure plan” means the fund expenditure plan adopted pursuant to Article 3 (commencing with Section 116767).
(j)“Groundwater sustainability agency” has the same meaning as defined in Section 10721 of the Water Code.
(k)“Low-income household” means a single household with an income that is less than 200 percent of the federal poverty level, as updated periodically in the Federal Register by the United States Department of Health and Human Services under
authority of subsection (2) of Section 9902 of Title 42 of the United States Code.
(l)“Mutual water company” means a mutual water company, as defined in Section 14300 of the Corporations Code, that operates a public water system or a state small water system.
(m)“Nonprofit organization” means an organization qualified to do business in California and qualified under Section 501(c)(3) of Title 26 of the United States Code.
(n)“Public agency” means a state agency or department, special district, joint powers authority, city, county, city and county, or other political subdivision of the state.
(o)“Public utility” has the same meaning as defined in Section 216 of the Public Utilities Code.
(p)“Public water system” has the same meaning as defined in Section 116275.
(q)“Replacement water” includes, but is not limited to, bottled water, vended water, point-of-use, or point-of-entry treatment units.
(r)“Safe drinking water” has the same meaning as defined in Section 116681.
(s)“Service connection” has the same meaning as defined in Section 116275.
(t)“State small water system” has the same meaning as defined in Section 116275.
(u)“Vended water” has the same meaning as defined in Section 111070.
The purposes of the fund expenditure plan are as follows:
(a)To identify public water systems, community water systems, and state small water systems that consistently fail to provide an adequate supply of safe drinking water, including the cause or causes of the failure and appropriate measures to remedy the failure.
(b)To determine the amount and type of funding necessary to implement appropriate measures to remedy a failure to provide an adequate supply of safe drinking water.
(c)To identify public water systems, community water systems, and state small water systems that are at significant risk of failing to provide an
adequate supply of safe drinking water, including the source or sources of the risk and appropriate measures to eliminate the risk.
(d)To determine the amount and type of funding necessary to implement appropriate measures to eliminate the risk of failing to provide an adequate supply of safe drinking water.
(e)To identify gaps in the provision of safe drinking water, in furtherance of Section 106.3 of the Water Code, and to determine the amount and type of funding necessary to minimize or eliminate those gaps.
(a)On or before July 1, 2020, the board shall develop and adopt a policy for developing the fund expenditure plan that includes all of the following elements:
(1)A requirement that the board consult with an advisory group to aid in meeting the purposes of the fund expenditure plan as established in Section 116767. The advisory group shall include representatives of the following:
(A)Entities paying into the fund.
(B)Public water systems.
(C)Technical assistance providers.
(D)Local agencies.
(E)Nongovernmental organizations.
(F)Residents served by community water systems in disadvantaged communities, state small water systems, and domestic wells.
(G)The public.
(2)Identification of key terms, criteria, and metrics, and their definitions.
(3)A description of how proposed remedies will be identified, evaluated, prioritized, and included in the fund expenditure plan.
(4)The establishment of a process by which members of a disadvantaged community may petition the board to consider ordering consolidation.
(5)A
requirement that the board hold at least one public hearing before adopting a fund expenditure plan.
(b)The board shall annually adopt a fund expenditure plan.
(c)On or before January 10, 2021, and every January 10 thereafter, the board shall provide to the Joint Legislative Budget Committee and the chairpersons of the fiscal committees in each house of the Legislature the most recently adopted fund expenditure plan. The board may submit the fund expenditure plan as required by this subdivision either in the Governor’s Budget documents or as a separate report.
(a)The fund expenditure plan shall contain the following:
(1)A report of expenditures from the fund for the prior fiscal year and planned expenditures for the current fiscal year.
(2)A list of systems that consistently fail to provide an adequate supply of safe drinking water. The list shall include, but is not limited to, all of the following:
(A)Any public water system that consistently fails to provide an adequate supply of safe drinking water.
(B)Any community water system that serves a disadvantaged community that must charge fees that
exceed the affordability threshold established by the board in order to supply, treat, and distribute potable water that complies with federal and state drinking water standards.
(C)Any state small water system that consistently fails to provide an adequate supply of safe drinking water.
(3)A list of public water systems, community water systems, and state small water systems that may be at risk of failing to provide an adequate supply of safe drinking water.
(4)An estimate of the number of households that are served by domestic wells or state small water systems in high-risk areas identified pursuant to Article 5 (commencing with Section 116772). The estimate shall identify approximate locations of households, without identifying exact addresses or other personal information, in order to identify potential target
areas for outreach and assistance programs.
(5)An estimate of the funding needed for the next fiscal year based on the amount available in the fund, anticipated funding needs, other existing funding sources, and other relevant data and information.
(6)A list of programs to be funded that assist or will assist households supplied by a domestic well that consistently fails to provide an adequate supply of safe drinking water. This list shall include the number and approximate location of households served by each program without identifying exact addresses or other personal information.
(7)A list of programs to be funded that assist or will assist households and schools whose tap water contains contaminants, such as lead or secondary contaminants, at levels that exceed recommended standards.
(b)The fund expenditure plan shall be based on data and analysis drawn from drinking water needs assessments, including, but not limited to, the assessment funded by Chapter 449 of the Statutes of 2018 as that assessment may be updated and as information is developed pursuant to Article 5 (commencing with Section 116772).
The fund expenditure plan may include expenditures for the following:
(a)The provision of replacement water, as needed, to ensure immediate protection of health and safety as a short-term solution.
(b)The development, implementation, and sustainability of long-term drinking water solutions, including, but not limited to, the following:
(1)(A)Technical assistance, planning, construction, repair, and operation and maintenance costs associated with any of the following:
(i)Replacing, blending, or treating contaminated drinking water.
(ii)Repairing or replacing failing water system equipment, pipes, or fixtures.
(iii)Operation and maintenance costs associated with consolidated water systems, extended drinking water services, or reliance on a substituted drinking water source.
(B)Technical assistance and planning costs may include, but are not limited to, analyses to identify and efforts to further opportunities to reduce the unit cost of providing drinking water through organizational and operational efficiency improvements, and other options and approaches to reduce costs.
(2)Creating and maintaining natural means and green infrastructure solutions that contribute to sustainable drinking water.
(3)Consolidating water
systems.
(4)Extending drinking water services to other public water systems, community water systems, and state small water systems, or domestic wells.
(5)Satisfying outstanding long-term debt obligations of public water systems, community water systems, and state small water systems where the board determines that a system’s lack of access to capital markets renders this solution the most cost effective for removing a financial barrier to the system’s sustainable, long-term provision of drinking water.
(c)Identifying and providing outreach to persons who are eligible to receive assistance from the fund.
(d)Testing the drinking water quality of domestic wells serving low-income households, prioritizing those in high-risk areas identified pursuant to
Article 5 (commencing with Section 116772).
(e)Providing services under Section 116686.
(a)The board may undertake any of the following actions to implement the fund:
(1)Provide for the deposit of any of the following moneys into the fund:
(A)Federal contributions.
(B)Voluntary contributions, gifts, grants, or bequests.
(C)Financial participation by public agencies in the activities authorized for funding from the fund.
(D)Settlements from parties responsible for contamination of drinking water supplies.
(2)Enter into agreements with federal, state, or local agencies, private corporations, or nonprofit organizations to participate in the activities authorized for funding from the fund or to contribute to the fund.
(3)Direct moneys described in subparagraph (B) of paragraph (1) towards a specific project, program, or study.
(4)Take additional action as may be appropriate for adequate administration and operation of the fund.
(b)The board may set appropriate requirements as a condition of funding, including, but not limited to, the following:
(1)A system technical, managerial, or financial capacity audit.
(2)Improvements to reduce costs and increase efficiencies.
(3)An evaluation of alternative treatment technologies.
(4)A consolidation or service extension feasibility study.
(5)Requirements for a domestic well with nitrate contamination where ongoing septic system failure may be causing or contributing to contamination of a drinking water source to have conducted an investigation and project to address the septic system failure, if adequate funding sources are identified and accessible.
(c)Actions taken to implement, interpret, or make specific this chapter, including, but not limited to, the adoption or development of any plan or map, are not subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(a)This chapter does not expand any obligation of the state to provide resources for the provisions of this article or to require the expenditure of additional resources beyond the amount of moneys deposited in the fund.
(b)Participation in activities authorized for funding from the fund or contributions to the fund by federal, state, or local agencies shall be deemed to serve the public purpose of maintaining the statewide safe drinking water system, and shall not be construed as a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.
(c)This chapter does not relieve the board or the Attorney General of the duty to enforce
the Porter-Cologne Water Quality Control Act, the federal Clean Water Act, and the federal and state Safe Drinking Water Acts and does not relieve polluters of responsibility or liability for contamination of the state’s drinking water sources.
(a)(1)By January 1, 2021, the board, in consultation with local health officers and other relevant stakeholders, shall use available data to make available a map of aquifers that are at high risk of containing contaminants that exceed safe drinking water standards that are used or likely to be used as a source of drinking water for a state small water system or a domestic well. The board shall update the map annually based on new and relevant data.
(2)The board shall make the map of high-risk areas, as well as the data used to make the map, publicly accessible on its internet website in a manner that complies with the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part
4 of Division 3 of the Civil Code). The board shall notify local health officers and county planning agencies of high-risk areas within their jurisdictions.
(b)(1)By January 1, 2021, a local health officer or other relevant local agency shall provide to the board all results of, and data associated with, water quality testing performed by a laboratory that has accreditation or certification pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 for a state small water system or domestic well that was collected after January 1, 2014, and that is in the possession of the local health officer or other relevant local agency.
(2)By January 1, 2022, and by January 1 of each year thereafter, all results of, and data associated with, water quality testing performed by a laboratory that has accreditation or certification
pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 for a state small water system or domestic well that is submitted to a local health officer or other relevant local agency shall also be submitted directly to the board in electronic format.
A privately owned public utility may serve as an administrator for purposes of Section 116686 of the Health and Safety Code.
(a)Funds appropriated by Item 3940-102-0001 and Item 3940-102-3228 of the Budget Act of 2019 shall be available for purposes outlined in Chapter 4.6 (commencing with Section 116765) of Part 12 of Division 104 of the Health and Safety Code.
(b)Funds made available pursuant to subdivision (a) shall be used for the purpose of facilitating the achievement of reductions of greenhouse gas emissions in this state in
accordance with the requirements of Section 39712 of the Health and Safety Code or to improve climate change adaptation and resiliency of disadvantaged communities, as defined in Section 39711 of the Health and Safety Code, or low-income households or communities, as defined in Section 39713 of the Health and Safety Code, consistent with Division 25.5 (commencing with Section 38500) of the Health and Safety Code. For purposes of the funds made available pursuant to subdivision (a), a state agency may also comply with the requirements of paragraphs (2) and (3) of subdivision (a) of Section 16428.9 of the Government Code by describing how each proposed expenditure will improve climate change adaptation and resiliency of disadvantaged communities or low-income households or communities.
This act does not impose a levy, charge, or exaction of any kind, such as a tax or fee.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
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.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.