Bill Text: CA SB815 | 2019-2020 | Regular Session | Amended

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

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Bill Title: State government.

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2020-08-31 - Ordered to third reading. [SB815 Detail]

Download: California-2019-SB815-Amended.html

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Amended  IN  Assembly  August 24, 2020

Amended  IN  Assembly  August 24, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 815

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Introduced by Committee on Budget and Fiscal Review

January 10, 2020

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An act to amend Sections 8256, 12895, and 13979.2 of, to add Sections 8412 and 19815.7 to, to add the heading of Article 1 (commencing with Section 8400) to, and to add Article 2 (commencing with Section 8410) to, Chapter 5.6 of Division 1 of Title 2 of, and to add and repeal Article 3 (commencing with Section 12350) of Chapter 4 of Part 2 of Division 3 of Title 2 of, the Government Code, to amend Section 50218.5 of the Health and Safety Code, to amend Section 14556 of the Public Resources Code, to amend Section 99312.1 of the Public Utilities Code, to amend Section 1604 of, and to add Sections 1616 and 1752.4 1616, 1752.4, and 19551.2 to, the Revenue and Taxation Code, to add and repeal Section 337 of the Unemployment Insurance Code, to amend Section 8256 of the Welfare and Institutions Code, and to amend Section 27 of Chapter 15 of the Statutes of 2020, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget.

LEGISLATIVE COUNSEL'S DIGEST

SB 815, as amended, Committee on Budget and Fiscal Review. State government.

(1) Existing law establishes the state civil service system in accordance with Article VII of the California Constitution and contains exemptions for certain categories of workers, including officers or employees appointed or employed by commissions.

Existing law establishes within state government the Commission on Asian and Pacific Islander American Affairs, comprised of 13 members, as specified. Existing law requires the commission to, among other duties, advise the Governor, the Legislature, and state entities on issues relating to the social and economic development and the rights and interests of Asian Pacific Islander American communities.

This bill would authorize the commission to appoint an executive director who would be exempt from civil service.

(2) Under existing law, by executive order, CaliforniaVolunteers is established in the office of the Governor and is charged with overseeing programs and initiatives for service and volunteerism. Existing law authorizes CaliforniaVolunteers to form a nonprofit public benefit corporation or other entity exempt from income taxation, as provided, to raise revenues and receive grants or other financial support from private or public sources, for purposes of undertaking or funding any lawful activity authorized to be undertaken by CaliforniaVolunteers. Existing federal law, the National Community Service Trust Act, also requires the state to create a commission to carry out specified duties relating to national service programs to be eligible for grants or allotments under certain programs, or to receive distributions of approved national service positions.

This bill would continue into existence the Board of Commissioners under CaliforniaVolunteers for purposes of meeting the requirements of the federal act and the act’s implementing rules and regulations, as provided. The bill would require the Governor to appoint voting representatives, who serve at the pleasure of the Governor and serve in renewable 3-year terms, to the commission as specified, and would also specify other ex officio, nonvoting members of the commission. The bill would provide that no more than 50% of the commission, plus one member, shall be from the same political party, and would require appointments to be made in compliance with the federal act. The bill would also provide that members of the commission shall serve without compensation, but may be reimbursed for travel expenses and receive a per diem as appropriate.

(3) The California Constitution establishes the office of the Treasurer, whose duties under existing law include acting as an elected representative of the state for the purposes of approving the issuance of bonds, notes, or other evidences of indebtedness, issued by or on behalf of the state.

Existing law establishes the Franchise Tax Board, consisting of the Controller, the Director of Finance, and the Chairman of the State Board of Equalization, in the Government Operations Agency, and prescribes various powers and duties to the Franchise Tax Board, including, among other things, the administration of state personal income taxes and corporation franchise and income taxes.

This bill would establish the California Economic Improvement Tax Voucher Act, which would require the Franchise Tax Board, in consultation with the Treasurer and the Department of Finance, to develop a comprehensive plan for a California Economic Improvement Tax Voucher Program, in accordance with specified requirements, to be considered by the Legislature. The bill would require the Franchise Tax Board to provide the comprehensive plan to specified legislative committees by March 1, 2021, and would repeal these provisions on January 1, 2022.

(4) Existing law creates, in the Department of Business Oversight, the Division of Corporations and also establishes the State Corporations Fund for purposes of supporting the Division of Corporations.

This bill would abolish the Division of Corporations within the Department of Business Oversight, which would be replaced by the Department of Financial Protection and Innovation. The bill would abolish the State Corporations Fund and the Financial Institutions Fund and replace these funds with the Financial Protection Fund, with expenses and salaries of the department paid out of this new fund. The bill would require that all duties and responsibilities and remaining balances of the State Corporations Fund and Financial Institutions Fund, upon appropriation by the Legislature, be transferred to the Financial Protection Fund as the successor fund. The bill would require funds from the Financial Protection Fund, upon appropriation by the Legislature, to be made available for expenditure for laws or programs of the department from fees and amounts charged pursuant to specified provisions of the Corporations Code.

(5) Existing law authorizes the Secretary of Transportation to assume the responsibilities of the United States Secretary of Transportation under the federal National Environmental Policy Act of 1969 and other federal environmental laws for any railroad, public transportation, or multimodal project undertaken by state agencies, as specified. Existing law provides that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of these responsibilities. Existing law repeals these provisions on January 1, 2021.

This bill would extend the operation of these provisions for one year.

(6) Existing law creates the Department of Human Resources in an effort to better serve the human resources and personnel needs of the state. Existing law authorizes the department to charge state agencies for actual and necessary costs of specific legal services, of arbitration relating to specific grievance arbitration cases, and of negotiating and administering memoranda of understanding governing state employer and employee relations.

This bill would also authorize the department to charge state agencies and departments for the actual and necessary costs related to services rendered by the department in specified areas, including controlled substance abuse testing. The bill would require the Controller to transfer to the department any moneys owed to the department by any state agency or department for these charges, as specified.

(7) Existing law establishes the Homeless Housing, Assistance, and Prevention program, administered by the Business, Consumer Services, and Housing Agency, for the purpose of providing jurisdictions with one-time grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges. Upon appropriation, existing law requires the agency to distribute $650,000,000 under the program among cities, counties, and continuums of care, as provided, and requires a recipient to expend those funds on evidence-based solutions that address and prevent homelessness among eligible populations.

Existing law provides for a 2nd round of funding under the program, to be administered by the Homeless Coordinating and Financing Council. Upon appropriation, existing law requires the council to distribute the $300,000,000 available for implementing round 2 of the program to cities, counties, and continuums of care, in a manner similar to existing provisions of the program and used for similar purposes, including $90,000,000 available for continuums of care, as specified.

This bill would require the council to award no less than $250,000 to a grant applicant in the 2nd round of funding that is a continuum of care.

Existing law requires $130,000,000 of the funding available under the 2nd round of the Homeless Housing, Assistance, and Prevention program to be available to each city, or city that is also a county, that has a population of 300,000 or more, as of January 1, 2020, as specified. Existing law requires the Homeless Coordinating and Financing Council to calculate the allocation to a city based on the city’s proportionate share of the total homeless population of the region served by the continuum of care within which the city is located, based on the 2019 homeless point-in-time count.

This bill would require that if more than one recipient within the continuum of care meets those requirements, the proportionate share of funds be equally allocated to those jurisdictions.

(8) The California Beverage Container Recycling and Litter Reduction Act requires every beverage container sold or offered for sale in this state to have a minimum refund value. The act requires a beverage distributor to pay a redemption payment to the Department of Resources Recycling and Recovery for every beverage container sold or offered for sale in the state by the distributor, and requires the department to deposit those amounts, and all other revenues the department receives under the act, in the California Beverage Container Recycling Fund. Under the act, moneys in the fund, except for civil penalties or fines, are continuously appropriated to the department to, among other things, pay refund values, administrative fees, and processing payments to processors, and handling fees to recycling sites in convenience zones, as defined.

The act also requires the department, not less than once every 3 months, to provide the Legislature with information for the current fiscal year and the budget year that includes, among other things, an updated fund condition statement for the California Beverage Container Recycling Fund, the recycling rate, projected sales, and projected handling and processing fee payments, and to post that information on the department’s internet website.

This bill would instead require that information to be provided to the Legislature and posted on the department’s internet website not less than once every 6 months.

(9) The Vehicle License Fee Law, in addition to any other fee imposed on a vehicle by that law or by the Vehicle Code, imposes a transportation improvement fee on each vehicle and requires a portion of the revenues attributable to the fee to be transferred to the Public Transportation Account for the State Transit Assistance Program. Existing law continuously appropriates those funds to the Controller under a program commonly known as the State of Good Repair Program for allocation to transit agencies pursuant to specified formulas. Existing law restricts the expenditure of moneys under this program to (1) transit capital projects or services to maintain or repair a transit operator’s existing transit vehicle fleet or existing transit facilities; (2) the design, acquisition, and construction of new vehicles or facilities that improve existing transit services; or (3) transit services that complement local efforts for repair and improvement of local transportation infrastructure.

This bill would authorize a recipient transit agency to instead expend funds apportioned for the 2019–20 to 2021–22 fiscal years, inclusive, under the program on any operating or capital expenses to maintain transit service levels if the governing board of the recipient transit agency makes a specified declaration. By expanding the purposes for which continuously appropriated funds may be used, the bill would make an appropriation. If the governing board of the recipient transit agency makes this declaration, the bill would exempt the recipient transit agency from certain procedural, reporting, and accounting requirements of the State of Good Repair Program with respect to the receipt and expenditure of those funds.

(10) Existing property tax law requires county boards to meet to equalize the assessment of property on the local roll, as provided, and authorizes a taxpayer to apply to the county board for an assessment reduction under a variety of circumstances, including for a reduction of the base year value, as defined, of real property. Existing property tax law requires that the applicant’s opinion of value, as reflected on a timely filed application for reduction in an assessment of property, be the basis for the calculation of property taxes, where the county board has failed to hear evidence and make a final determination on that application within either 2 years of the filing of that application or an extension of that 2-year period. Existing law requires that the applicant’s opinion of value be the basis for taxing the property described in the application for all succeeding tax years until the county board acts upon the application, as provided.

This bill would provide that this 2-year deadline by which a county board is required to render a final determination on a qualified application is extended until March 31, 2021. The bill would define a qualified application to mean a pending application for reduction in assessment of property that is timely filed with the county board and has a 2-year deadline occurring during the period beginning on March 4, 2020, and before March 31, 2021. The bill would provide that this extension of the 2-year deadline applies retroactively to all qualified applications that have a two-year deadline occurring during the period beginning on March 4, 2020, and before the operative date of this bill.

The California Constitution and existing property tax law generally provide for the equalization of valuations of taxable property within the county by a county board, defined to mean a county board of equalization or an assessment appeals board. Existing law also authorizes the boards of supervisors of 2 or more counties to establish a multijurisdictional assessment appeals board to equalize the valuation of taxable property within each participating county by enactment of an ordinance in each participating county, as defined, for a period of not less than 4 years.

Existing property tax law requires equalization hearings to be open and public except that, upon conclusion of the taking of evidence, the county board or multijurisdictional assessment board may deliberate in private in reaching a decision.

This bill would provide that nothing in existing law shall be construed to prohibit a county board or a multijurisdictional assessment appeals board from conducting hearings remotely. The bill would require a county board or a multijurisdictional assessment appeals board that conducts a hearing remotely to ensure compliance with the requirement that equalization hearings be open and public, as specified. The bill would make related findings and declarations.

(11) Existing law establishes the State Department of Social Services and requires the department to administer various public social services programs, such as the CalFood Program and the In-Home Supportive Services Program.

The Personal Income Tax Law, beginning on or after January 1, 2015, in modified conformity with federal income tax laws, allows an earned income tax credit, the California Earned Income Tax Credit (CalEITC), against personal income tax and a payment from the Tax Relief and Refund Account for an allowable credit in excess of tax liability to an eligible individual that is equal to that portion of the earned income tax credit allowed by federal law as determined by the earned income tax credit adjustment factor, as specified.

Existing law provides that it is a misdemeanor for the Franchise Tax Board or specified state employees to disclose or make known any information in a return, report, or document filed under income tax laws, but authorizes the Franchise Tax Board to disclose this information to specified agencies for specified purposes. Existing law makes any unwarranted disclosure or use of the information by those agencies a misdemeanor.

This bill would require the State Department of Social Services to exchange data with the Franchise Tax Board upon request, including the names, addresses, and contact information of individuals that may qualify for the CalEITC, and would require the data provided to remain confidential and be used only for purposes directly connected with the CalEITC.

This bill would also authorize the Franchise Tax Board to disclose individual income tax return information for taxable years beginning on or after January 1, 2018, and before January 1, 2020, to the State Department of Social Services, and would require the information provided to remain confidential and be used only for purposes of informing state residents of the availability of federal stimulus payments.

(12) Existing law authorizes the Employment Development Department (EDD) within the Labor and Workforce Development Agency to perform various functions and duties, including administering unemployment programs.

Existing law provides that it is a misdemeanor for the Franchise Tax Board or specified state employees to disclose or make known any information in a return, report, or document filed under income tax laws, but authorizes the Franchise Tax Board to disclose this information to specified agencies for specified purposes. Existing law makes any unwarranted disclosure or use of the information by those agencies a misdemeanor.

This bill would require the Franchise Tax Board, upon request, to disclose return and return information necessary to verify income, as specified, through information sharing agreements or data interfaces, when necessary for EDD unemployment program administration, as provided.

(12)

(13) Existing unemployment insurance law requires the Employment Development Department to pay unemployment compensation benefits to unemployed individuals meeting specified requirements.

This bill would require the Director of the Employment Development Department to make publicly available, beginning on September 4, 2020, and until July 1, 2021, on the department’s internet website, specified information, including the number of unemployment compensation benefit claims paid and the number of claims found to be ineligible since March 1, 2020.

(13)

(14) Existing law prescribes various requirements for agencies and departments administering state programs that provide housing or housing-based services to people experiencing homelessness or at risk of homelessness. For programs that fund recovery housing, as defined, in existence prior to July 1, 2017, existing law requires these programs to collaborate with the Homeless Coordinating and Financing Council to revise or adopt guidelines and regulations that incorporate the core components of Housing First, as defined, by July 1, 2022.

Existing law also requires an agency or department that administers programs that fund recovery housing to additionally, in coordination with the Homeless Coordinating and Financing Council, consult with the Legislature, the Business, Consumer Services, and Housing Agency, the United States Department of Housing and Urban Development, and other stakeholders between July 1, 2020, and January 1, 2022, to identify ways to improve the provision of housing to individuals who receive funding from that agency or department, consistent with the applicable requirements of state law and to ensure that recovery housing programs meet specified requirements.

This bill would additionally require an agency or department that administers programs that fund recovery housing to comply with specified core components of Housing first, and would impose all those additional requirements only until July 1, 2022.

(14)

(15) Existing law requires the Director of Finance to provide to the Legislature, on or before May 14 of each year, an estimate of General Fund revenues for the current fiscal year and for the ensuing fiscal year, any proposals to reduce expenditures to reflect updated revenue estimates, and all proposed adjustment to the Governor’s Budget that are necessary to reflect required updated estimates of state funding, as specified, and to reflect caseload enrollment or population changes. Existing constitutional law also requires the Department of Finance, after the proposed adjustments to the Governor’s Budget made in May, to submit the Legislature estimates of General Fund revenues for the ensuing fiscal year and for the 3 fiscal years thereafter and estimates of General Fund expenditures for the ensuing fiscal year and for the 3 fiscal years thereafter, as specified.

Existing law, on December 31, 2021, suspends a specified allocation in the Budget Act of 2020 to help young adults secure and maintain housing, as provided, unless the Department of Finance makes a specified determination regarding the above-described estimates of General Fund revenues and expenditures required by existing constitutional law for the May budget revisions required to be released by May 14, 2021.

This bill would make a clarifying change to that suspension provision.

(15)

(16) 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: NO  

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Bill Text

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

SECTION 1.

 Section 8256 of the Government Code is amended to read:

8256.

 (a) There is established in state government the Commission on Asian and Pacific Islander American Affairs, which shall be comprised of 13 members appointed in accordance with subdivision (b) and shall conduct its business in accordance with this chapter.

(b) (1) The members of the commission shall be individuals with knowledge or expertise of the APIA community, whether by experience or training, and who are representative of that community in the state, both geographically and demographically.

(2) Commission members shall be appointed as follows:

(A) Four members, appointed by the Senate Committee on Rules.

(B) Four members, appointed by the Speaker of the Assembly.

(C) Five members, appointed by the Governor. The Governor’s appointees shall not be subject to confirmation by the Senate.

(3) The Senate Committee on Rules and the Speaker of the Assembly shall make one appointment each from a pool of three nominees selected for each of the respective positions by the Asian and Pacific Islander Legislative Caucus.

(4) Appointments shall be made during the 2003 calendar year. The terms of commission members shall commence on January 1, 2004.

(5) (A) Subject to subparagraph (B), commission members shall serve for terms of four years.

(B) Of the initial appointments by the Governor, four members shall serve four-year terms, and one member shall serve a two-year term. Of the initial appointments by the Senate Committee on Rules and the Speaker of the Assembly, two members appointed by each appointing power shall serve four-year terms, and two members appointed by each appointing power shall serve two-year terms.

(6) Any vacancy in the membership of the commission shall not affect the powers of the commission and shall be filled in the same manner as the original appointment.

(c) The chair of the commission shall be elected by a majority of the appointed members of the commission at the first official meeting of the commission, and shall serve a term of one year or until a successor is elected, whichever occurs later.

(d) The commission may appoint an executive director who shall be exempt from civil service.

SEC. 2.

 The heading of Article 1 (commencing with Section 8400) is added to Chapter 5.6 of Division 1 of Title 2 of the Government Code, to read:

Article  1. Funding

SEC. 3.

 Article 2 (commencing with Section 8410) is added to Chapter 5.6 of Division 1 of Title 2 of the Government Code, to read:

Article  2. CaliforniaVolunteers Commission

8410.

 For purposes of this article, all of the following definitions apply:

(a) “Act” means the National and Community Service Trust Act, codified in Section 12501 et seq. of Title 42 of the United States Code.

(b) “Commission” means the Board of Commissioners under CaliforniaVolunteers, as named in subdivision (a) of Section 8411, which is the State Commission on National and Community Service for purposes of the act, including the requirements of Section 12638 of Title 42 of the United States Code, and the act’s implementing rules and regulations.

8411.

 (a) There is continued into existence a Board of Commissioners under CaliforniaVolunteers.

(b) For purposes of fulfilling the requirements of the act, the commission shall do all of the following:

(1) Take all actions necessary to meet the requirements of the act and its implementing rules and regulations.

(2) Be responsible for the duties described in Section 12638(e) of Title 42 of the United States Code.

(3) Be appointed by the Governor and function pursuant to the requirements in Section 12638 of Title 42 of the United States Code.

(c) The commission may also do any of the following for purposes of supporting CaliforniaVolunteers:

(1) Advise and participate in the work of CaliforniaVolunteers, including, but not limited to, policy, communication and program decisionmaking, and special initiatives, by attending meetings and participating on committees, working groups, and task forces.

(2) Conduct outreach to specific constituencies, including, but not limited to, government, nonprofit, business, and labor, to seek these constituencies’ participation in and support of CaliforniaVolunteers activities and programs.

(3) Coordinate with other state agencies and volunteer service programs to ensure a comprehensive and integrated service system within the state.

(4) Promote community service throughout the state by representing CaliforniaVolunteers at service-related events and venues.

(5) Support programs funded by CaliforniaVolunteers by participating in site visits and speaking at launch or graduation activities.

8412.

 (a) The Governor shall appoint 25 voting members to the commission as follows:

(1) In compliance with the act, the commission’s voting members shall include at least all of the following:

(A) An individual with expertise in the educational, training, and development needs of youth, particularly disadvantaged youth.

(B) An individual with expertise in promoting the involvement of older adults in service and volunteerism.

(C) A representative of community-based agencies or organizations within the state.

(D) The Superintendent of Public Instruction.

(E) A representative of local government.

(F) A representative of local labor organizations.

(G) A representative of business.

(H) An individual between 16 and 25 years of age who is a participant or supervisor of a service program for schoolage youth, or of a campus-based or national service program.

(I) A representative of a qualifying national service program.

(2) (A) Subject to subparagraph (B), the Governor shall appoint two voting members as follows:

(i) One representative recommended for appointment consideration by the President pro Tempore of the Senate.

(ii) One representative recommended for appointment consideration by the Speaker of the Assembly.

(B) For purposes of subparagraph (A), within 30 days from the date of receipt of names of recommended representatives from the President pro Tempore of the Senate or Speaker of the Assembly, the Governor shall appoint a representative or shall notify the President pro Tempore of the Senate or Speaker of the Assembly, as applicable, that the Governor rejects all recommended representatives and requests additional recommendations. Within 45 days from the date of receipt of a notice that all recommended representatives are rejected, the President pro Tempore of the Senate or Speaker of the Assembly, as applicable, shall nominate and send to the Governor the names of additional recommended representatives.

(3) The Governor shall appoint all other voting members to the commission in compliance with the act.

(c) (1) A representative of the Corporation for National and Community Service, as designated under Section 12651f(c) of Title 42 of the United States Code, shall serve as an ex officio, nonvoting member.

(2) The Governor may appoint to the commission other ex officio, nonvoting members in compliance with Section 12638 of Title 42 of the United States Code.

(d) The Governor may designate an honorary chairperson for the commission.

(e) (1) No more than 50 percent of the commission, plus one member, shall be from the same political party.

(2) Appointments made pursuant to this section shall also comply with all other requirements of Section 12638 of Title 42 of the United States Code.

(f) Voting members of the commission shall serve at the pleasure of the Governor for renewable terms of three years.

8413.

 Members of the commission shall serve without compensation, but may be reimbursed for travel expenses and receive a per diem as appropriate and in compliance with Section 12638 of Title 42 of the United States Code.

SEC. 4.

 Article 3 (commencing with Section 12350) is added to Chapter 4 of Part 2 of Division 3 of Title 2 of the Government Code, to read:

Article  3. The California Economic Improvement Tax Voucher Act

12350.

 This article shall be known, and may be cited, as the California Economic Improvement Tax Voucher Act.

12351.

 (a) The Franchise Tax Board, in consultation with the Treasurer and the Department of Finance, shall develop a comprehensive plan for a California Economic Improvement Tax Voucher Program, in accordance with Section 12352, to be considered by the Legislature for future enactment as legislation.

(b) The comprehensive plan, including proposed statutory language and estimated fiscal costs of administering the program, shall be submitted to the committees that consider the state budget in the Assembly and the Senate no later than March 1, 2021.

12352.

 (a) The comprehensive plan for a California Economic Improvement Tax Voucher Program shall include, but not be limited to, all of the following:

(1) Tax vouchers that are periodically created through statute as assets of the state. The vouchers created shall be in small increments to ensure widespread access to participants of varying wealth and income levels.

(A) The vouchers shall be allowed as a credit against a taxpayer’s income tax liability under the Personal Income Tax Law or the Corporation Tax Law for future taxable years beginning after the year in which they are sold.

(B) The vouchers shall be able to be carried over to future taxable years, up to an established maximum number of years.

(C) The vouchers shall be fully transferable, in accordance with an established process.

(D) The vouchers shall be allowed for participants to use for tax liabilities under the Personal Income Tax Law or the Corporation Tax Law.

(E) The value of the tax vouchers shall be considered proceeds of taxes for the purposes of Section 8 of Article XIII B and Section 20 of Article 16 in the year that they are claimed.

(2) Authority for the Treasurer, or other state entity, to allocate tax vouchers to invcentivize participants to contribute to the state, which would be considered prepayment of taxes, to provide immediate resources to the state. The allocation of tax vouchers shall be limited to circumstances that provide reasonable fiscal benefit to the state, taking into account acquiring up front resources and the future use of the tax vouchers.

(3) Exclusion of any capital gain from the tax vouchers from state income taxes.

(4) A special fund for which the proceeds from the allocation of tax vouchers are deposited.

(5) A confidential registry of the tax vouchers maintained by the Franchise Tax Board to track the ownership of the tax vouchers.

(b) Moneys deposited in the special fund shall be available, upon appropriation by the Legislature, for one-time or short-term purposes that provide long-term benefits to the state, which may include, but are not limited to, all of the following:

(1) Economic stimulus investments.

(2) Affordable housing investments.

(3) Homelessness reduction investments.

(4) Emergency preparation investments.

(5) Short-term program costs to avoid program reductions that cause long-term economic harm.

(6) Infrastructure investments.

(7) Green economy investments.

12353.

 This article shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 5.

 Section 12895 of the Government Code is amended to read:

12895.

 (a) There is in the Business, Consumer Services, and Housing Agency a Department of Financial Protection and Innovation, which has the responsibility for administering various laws. In order to effectively support the Department of Financial Protection and Innovation in the administration of these laws, there is hereby established the Financial Protection Fund, as described further in Section 90007 of the Financial Code. All expenses and salaries of the Department of Financial Protection and Innovation shall be paid out of the Financial Protection Fund, upon appropriation by the Legislature for these purposes.

(b) All the duties and responsibilities to be transferred and any remaining balances of the State Corporations Fund and Financial Institutions Fund, upon appropriation by the Legislature, shall be transferred to the Financial Protection Fund, which is hereby created and designated the successor fund. The State Corporations Fund and Financial Institutions Fund are abolished.

(c) Funds appropriated from the Financial Protection Fund and made available for expenditure for any law or program of the Department of Financial Protection and Innovation may come from the following:

(1) Fees and any other amounts charged and collected pursuant to Section 25608 of the Corporations Code, except for fees and other amounts charged and collected pursuant to subdivisions (o) to (r), inclusive, of Section 25608 of the Corporations Code.

(2) Fees collected pursuant to subdivisions (a), (b), (c), and (d) of Section 25608.1 of the Corporations Code.

(d) This section shall not apply to moneys collected or received by the commissioner under Division 5 (commencing with Section 14000) of the Financial Code.

(e) On and after the operative date of this subdivision, any reference in any law to the Financial Institutions Fund shall be deemed a reference to the Financial Protection Fund, and any reference in any law to the State Corporations Fund shall be deemed a reference to the Financial Protection Fund.

(f) On and after the operative date of this subdivision, any reference in any law to the Department of Business Oversight shall be deemed a reference to the Department of Financial Protection and Innovation.

SEC. 6.

 Section 13979.2 of the Government Code is amended to read:

13979.2.

 (a) The secretary, on behalf of the agency, and any department, office, or other unit within the agency with the authority to implement transportation projects, may assume responsibilities under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) and other federal environmental laws, pursuant to Section 327 of Title 23 of the United States Code, for any railroad, public transportation, or multimodal project.

(b) Beforeassuming the responsibilities set forth in subdivision (a) through execution of a memorandum of understanding between the State of California and the federal government, the secretary shall submit a copy of the draft memorandum of understanding to the Joint Legislative Budget Committee. Execution of the memorandum of understanding shall occur no sooner than 30 days after the secretary provides the draft memorandum of understanding to the Joint Legislative Budget Committee, or whatever lesser time after that notification that the chair of the joint committee, or the chair’s designee, may determine.

(c) The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of any responsibilities assumed pursuant to subdivision (a).

(d) In any action brought pursuant to the federal laws described in subdivision (a) for a project for which responsibilities have been assumed pursuant to subdivision (a), no immunity from suit may be asserted pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived.

(e) No responsibility assumed pursuant to subdivision (a) may be delegated to any political subdivision of the state, such as a county, or its instrumentalities.

(f) This section does not affect the obligation of the secretary and all departments, offices, and other units within the agency to comply with state and federal law.

(g) Nothing in this section is intended to repeal or modify Section 820.1 of the Streets and Highways Code.

(h) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 7.

 Section 19815.7 is added to the Government Code, to read:

19815.7.

 (a) The department may charge state agencies and departments for the actual and necessary costs related to services rendered by the department in all of the following areas:

(1) Controlled substance abuse testing.

(2) Psychological screening.

(3) Medical evaluations.

(b) Pursuant to Section 11255, the Controller shall transfer to the department any moneys owed to the department by any state agency or department for charges due under this section.

SEC. 8.

 Section 50218.5 of the Health and Safety Code is amended to read:

50218.5.

 (a) (1) With respect to the moneys made available pursuant to this section, it is the intent of the Legislature that:

(A) These moneys build on regional coordination developed through previous rounds of funding of the Homeless Emergency Aid Program (Chapter 5 (commencing with Section 50210)), the program established under this chapter, and COVID-19 funding to reduce homelessness.

(B) These moneys continue to build regional collaboration between continuums of care, counties, and cities in a given region, regardless of population, and ultimately be used to develop a unified regional response to homelessness.

(C) These moneys be paired strategically with other local, state, and federal funds provided to address homelessness in order to achieve maximum impact.

(D) These moneys be deployed with the goal of reducing the number of homeless individuals in a given region through investing in long-term solutions, such as permanent housing, and that the state be an integral partner through the provision of technical assistance, sharing of best practices, and implementing an accountability framework to guide the structure of current and future state investments.

(2) It is the intent of the Legislature that additional state funds for homelessness, if provided in future budget years, increase permanent housing exits, further evidence-based solutions for individuals and families experiencing homelessness, consider outcomes from prior funding awards in making future allocations, and include strong accountability measures.

(b) Upon appropriation by the Legislature, three hundred million dollars ($300,000,000) of the funds administered pursuant to this chapter shall be available for implementing round 2 of the program, as follows:

(1) Ninety million dollars ($90,000,000) of the funding available pursuant to this section shall be available for continuums of care. The council shall calculate these allocations to a continuum of care based on each continuum of care’s proportionate share of the state’s total homeless population, based on the 2019 homeless point-in-time count. The council shall award no more than 40 percent of the allocation made pursuant to this section and no less than two hundred fifty thousand dollars ($250,000) to an applicant that is a continuum of care.

(2) One hundred thirty millions dollars ($130,000,000) of the funding available pursuant to this section shall be available to each city, or city that is also a county, that has a population of 300,000 or more, as of January 1, 2020, according to data published on the Department of Finance’s internet website. The council shall calculate the allocation to a city based on the city’s proportionate share of the total homeless population of the region served by the continuum of care within which the city is located, based on the 2019 homeless point-in-time count. The agency shall not award more than 45 percent of the program allocation to a city. If more than one recipient within the continuum of care meets the requirements of this paragraph, the proportionate share of funds shall be equally allocated to those jurisdictions.

(3) Eighty million dollars ($80,000,000) of the funding available pursuant to this section shall be available to each county. The council shall calculate the allocation to a county based on the county’s proportionate share of the total homeless population of the region served by the continuum of care within which the county is located, based on the 2019 homeless point-in-time count. The agency shall not award more than 40 percent of the allocation made pursuant to this section to a county.

(4) A city, city and county, single continuum of care, or county may apply jointly with a counterpart entity or entities.

(c) Program applicants applying for round 2 grant funds pursuant to this section shall comply with the requirements set forth in Section 50220.5.

(d) Of the amount made available pursuant to subdivision (b), 5 percent shall be set aside for the program administration, including state operations expenditures and technical assistance.

(e) A program recipient shall not use funding from the program allocated under this section to supplant existing local funds for homeless housing, assistance, or prevention.

(f) A program recipient shall use at least 8 percent of the funds allocated under this section for services for homeless youth populations.

(g) Moneys allocated pursuant to this section shall be expended in compliance with Housing First.

SEC. 9.

 Section 14556 of the Public Resources Code is amended to read:

14556.

 (a) Not less than once every six months, the department shall provide to the Legislature pursuant to subdivision (b), at a minimum, all of the following information for the current fiscal year and the budget year:

(1) An updated fund condition statement that includes the revenues, transfers, and expenditures into and out of the fund.

(2) The recycling rate, by beverage container material type, that is inferred using the revenues.

(3) An explanation of significant changes to the fund condition statement from the prior report and significant changes to the methodology used for forecasting the fund condition statement.

(4) Projected sales, which include all actual data available since the last reporting period, by beverage container material type and size, and actual or projected returns, which include all actual data available since the last reporting period, by beverage container material type, including an explanation in any case where the actual returns are more than 100 percent of actual sales.

(5) Projected handling fee payments, which include all actual data available since the last reporting period, the per beverage container handling fee amount, and the number of beverage containers projected to be eligible for a handling fee payment.

(6) Projected processing payments, which include all actual data available since the last reporting period, by beverage container material type, showing the total processing fee offsets, processing fees, and processing payments for each type of beverage container material.

(7) Total grants awarded during the current fiscal year.

(b) Notwithstanding Section 9795 of the Government Code, not less than once every six months, the department shall provide a written copy of the information required in subdivision (a) to the Joint Legislative Budget Committee and to the appropriate policy and fiscal committees of both houses of the Legislature and shall also post the most recent information required in subdivision (a) on the department’s internet website.

(c) The department shall review the information included in the fund condition statement frequently, but not less than once every three months, to determine if adequate funds exist to pay the disbursements required pursuant to this division and to make the determinations required pursuant to subdivision (c) of Section 14581.

SEC. 10.

 Section 99312.1 of the Public Utilities Code is amended to read:

99312.1.

 (a) Revenues transferred to the Public Transportation Account pursuant to Sections 6051.8 and 6201.8 of the Revenue and Taxation Code for the State Transit Assistance Program are hereby continuously appropriated to the Controller for allocation as follows:

(1) Fifty percent for allocation to transportation planning agencies, county transportation commissions, and the San Diego Metropolitan Transit Development Board pursuant to Section 99314, for purposes of the State Transit Assistance Program.

(2) Fifty percent for allocation to transportation agencies, county transportation commissions, and the San Diego Metropolitan Transit Development Board pursuant to Section 99313, for purposes of the State Transit Assistance Program.

(b) For purposes of this chapter, the revenues allocated pursuant to this section shall be subject to the same requirements as revenues allocated pursuant to subdivisions (b) and (c), as applicable, of Section 99312.

(c) The revenues transferred to the Public Transportation Account for the State Transit Assistance Program that are attributable to subdivision (a) of Section 11053 of the Revenue and Taxation Code are hereby continuously appropriated to the Controller, and, upon allocation pursuant to Sections 99313 and 99314, shall only be expended on the following:

(1) Transit capital projects or services to maintain or repair a transit operator’s existing transit vehicle fleet or existing transit facilities, including rehabilitation or modernization of existing vehicles or facilities.

(2) The design, acquisition, and construction of new vehicles or facilities that improve existing transit services.

(3) Transit services that complement local efforts for repair and improvement of local transportation infrastructure.

(d) (1) Before receiving an apportionment of funds pursuant to subdivision (c) from the Controller in a fiscal year, a recipient transit agency shall submit to the department a list of projects proposed to be funded with these funds. The list of projects proposed to be funded with these funds shall include a description and location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement. The project list shall not limit the flexibility of a recipient transit agency to fund projects in accordance with local needs and priorities so long as the projects are consistent with subdivision (c).

(2) The department shall report to the Controller the recipient transit agencies that have submitted a list of projects as described in this subdivision and that are therefore eligible to receive an apportionment of funds for the applicable fiscal year. The Controller, upon receipt of the report, shall apportion funds quarterly pursuant to Sections 99313 and 99314.

(e) For each fiscal year, each recipient transit agency receiving an apportionment of funds pursuant to subdivision (c) shall, upon expending those funds, submit documentation to the department that includes a description and location of each completed project, the amount of funds expended on the project, the completion date, and the estimated useful life of the improvement.

(f) The audit of transit operator finances required pursuant to Section 99245 shall verify that the revenues identified in subdivision (c) have been expended in conformance with these specific requirements and all other generally applicable requirements.

(g) Notwithstanding any other law, the Controller shall allocate the funds made available in subdivision (c) in the 2020–21 and 2021–22 fiscal years pursuant to Sections 99313 and 99314 and, for the funds allocated pursuant to Section 99314, shall allocate those funds in accordance with the individual operator ratios described in Section 99314.10.

(h) (1) Notwithstanding paragraphs (1), (2), and (3) of subdivision (c), a recipient transit agency may expend funds apportioned pursuant to subdivision (c) for the 2019–20 to 2021–22 fiscal years, inclusive, on any operating or capital costs to maintain transit service levels if the governing board of the recipient transit agency makes a declaration that the expenditure of those funds is necessary to prevent transit service levels from being reduced or eliminated.

(2) The requirements of subdivisions (d), (e), and (f) shall not apply to the receipt or expenditure of funds pursuant to paragraph (1).

SEC. 11.

 The Legislature finds and declares that it is the intent of the Legislature, in enacting Sections 13 and 14 of this measure, to encourage county boards and multijurisdictional assessment appeals boards to continue to conduct hearings using remote means for the protection of public health and safety, and to prevent and mitigate the effects of the COVID-19 pandemic.

SEC. 12.

 Section 1604 of the Revenue and Taxation Code is amended to read:

1604.

 (a) (1) In counties of the first class, annually, on the fourth Monday in September, the county board shall meet to equalize the assessment of property on the local roll. It shall continue to meet for that purpose, from time to time, until the business of equalization is disposed of.

(2) In all other counties, annually, on the third Monday in July, the county board shall meet to equalize the assessment of property on the local roll. It shall continue to meet for that purpose, from time to time, until the business of equalization is disposed of.

(b) (1) An application for a reduction in an assessment filed pursuant to Section 1603 shall also constitute a sufficient claim for refund, if the applicant states in the application that the application is also intended to constitute a claim for refund pursuant to the provisions of Section 5097.

(2) The county board shall have no power to receive or hear any application for a reduction in an escaped assessment made pursuant to Section 531.1 nor a penal assessment levied in respect thereto, nor to reduce those assessments.

(c) If the county board fails to hear evidence and fails to make a final determination on the application for reduction in assessment of property within two years of the timely filing of the application, the applicant’s opinion of value as reflected on the application for reduction in assessment shall be the value upon which taxes are to be levied for the tax year or tax years covered by the application, unless either of the following occurs:

(1) The applicant and the county board mutually agree in writing, or on the record, to an extension of time for the hearing.

(2) The application for reduction is consolidated for hearing with another application by the same applicant with respect to which an extension of time for the hearing has been granted pursuant to paragraph (1). In no case shall the application be consolidated without the applicant’s written agreement after the two-year time period has passed or after an extension of the two-year time period previously agreed to by the applicant has expired.

The reduction in assessment reflecting the applicant’s opinion of value shall not be made, however, until two years after the close of the filing period during which the timely application was filed. Further, this subdivision shall not apply to applications for reductions in assessments of property where the applicant has failed to provide full and complete information as required by law or where litigation is pending directly relating to the issues involved in the application.

(d) (1) When the applicant’s opinion of value, as stated on the application, has been placed on the assessment roll pursuant to subdivision (c), and the application requested a reduction in the base year value of an assessment, the applicant’s opinion of value shall remain on the roll until the county board makes a final determination on the application. The value so determined by the county board, plus appropriate adjustments for the inflation factor, shall be entered on the assessment roll for the fiscal year in which the value is determined. No increased or escape taxes other than those required by a purchase, change in ownership, or new construction, or resulting from application of the inflation factor to the applicant’s opinion of value shall be levied for the tax years during which the county board failed to act.

(2) When the applicant’s opinion of value has been placed on the assessment roll pursuant to subdivision (c) for any application other than an application requesting a reduction in base year value, the applicant’s opinion of value shall be enrolled on the assessment roll for the tax year or tax years covered by that application.

(e) The county board shall notify the applicant in writing of any decision by that board not to hold a hearing on the applicant’s application for reduction in assessment within the two-year period specified in subdivision (c) or, if applicable, within the period as modified by subdivision (f). This notice shall also inform the applicant that the applicant’s opinion of value as reflected on the application for reduction in assessment shall, as a result of the county board’s failure to hold a hearing within the prescribed time period, be the value upon which taxes are to be levied in the absence of the application of either paragraph (1) or (2) of subdivision (c).

(f) (1) Notwithstanding subdivision (c) or any other law, the two-year deadline by which a county board is required under subdivision (c) to render a final determination on a qualified application shall be extended until March 31, 2021. This extension of the two-year deadline shall apply retroactively to all qualified applications that have a two-year deadline under subdivision (c) occurring during the period beginning on March 4, 2020, and before the operative date of the act adding this subdivision.

(2) For purposes of this subdivision, “qualified application” means a pending application for reduction in assessment of property as described in subdivision (c) that is timely filed with the county board and has a two-year deadline under subdivision (c) occurring during the period beginning on March 4, 2020, and before March 31, 2021.

SEC. 13.

 Section 1616 is added to the Revenue and Taxation Code, to read:

1616.

 (a) Nothing in this chapter or in any other law shall be construed to prohibit a county board from conducting hearings remotely. Remotely conducted hearings include, but are not limited to, the use of video, audio, and telephonic means for remote appearances; the electronic exchange and authentication of documentary evidence; e-filing and e-service; the use of remote interpreting; and the use of remote reporting and electronic recording to make the official record of an action or proceeding.

(b) If a county board conducts a hearing remotely, it shall ensure compliance with the provisions of Section 1605.4.

SEC. 14.

 Section 1752.4 is added to the Revenue and Taxation Code, to read:

1752.4.

 (a) Nothing in this chapter or in any other law shall be construed to prohibit a multijurisdictional assessment appeals board from conducting hearings remotely. Remotely conducted hearings include, but are not limited to, the use of video, audio, and telephonic means for remote appearances; the electronic exchange and authentication of documentary evidence; e-filing and e-service; the use of remote interpreting; and the use of remote reporting and electronic recording to make the official record of an action or proceeding.

(b) If a board conducts a hearing remotely, it shall ensure compliance with the provisions of Section 1605.4.

SEC. 15.

 Section 19551.2 is added to the Revenue and Taxation Code, to read:

19551.2.

 (a) Notwithstanding Section 19542, the Franchise Tax Board shall, upon request, when necessary for Employment Development Department (EDD) unemployment program administration, disclose to the EDD return or return information described in subdivision (b) in the records of the Franchise Tax Board, through information sharing agreements or data interfaces. These EDD unemployment programs include, but are not limited to, the federal Pandemic Unemployment Assistance program, Section 2102 of the federal Coronavirus Aid, Relief, and Economic Security Act (15 U.S.C. Sec. 9021), and any extension of this program, and the federal Disaster Unemployment Assistance program, Section 410 of the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5177).

(b) The return and return information authorized to be disclosed pursuant to this section are limited to information necessary to verify income, which may include, but not be limited to, earnings, identifying information, net profit and loss, self-employment, or other information needed for administration of the unemployment programs administered by the EDD.

SEC. 15.SEC. 16.

 (a) The State Department of Social Services shall exchange data with the Franchise Tax Board upon request, including, but not limited to, the names, addresses, and contact information of individuals that may qualify for the California Earned Income Tax Credit. The data provided shall remain confidential and shall be used only for purposes directly connected with the California Earned Income Tax Credit.

(b) Notwithstanding Section 19542 or any other law, the Franchise Tax Board may disclose individual income tax return information for taxable years beginning on or after January 1, 2018, and before January 1, 2020, to the State Department of Social Services. The information provided shall remain confidential and shall be used only for purpose of informing state residents of the availability of federal economic stimulus payments.

SEC. 16.SEC. 17.

 Section 337 is added to the Unemployment Insurance Code, to read:

337.

 (a) The director shall make publicly available, beginning on September 4, 2020, on the department’s internet website, in addition to the information currently provided on the department’s Unemployment Insurance (UI) Data Dashboard, the following information about unique unemployment insurance claims:

(1) The number of claims paid since March 1, 2020.

(2) The number of claims found to be ineligible since March 1, 2020.

(3) The number of claimants who have never certified for benefits and the number of claimants who have not provided wage information to qualify for a claim.

(4) The number of claims that are pending department resolution.

(5) The number of phone calls made into the Unemployment Insurance call centers, the number of unique callers, and the number of phone calls answered by staff in the prior two-week period.

(b) The director shall update the internet website every two weeks. However, the information to be reported publicly as listed in subdivision (a) may be requested to be substituted with data elements that are recommended as processes and technology are reviewed and updated. This request for substitution shall be submitted in writing to the Chairperson of the Joint Legislative Budget Committee.

(c) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.

SEC. 17.SEC. 18.

 Section 8256 of the Welfare and Institutions Code is amended to read:

8256.

 (a) Agencies and departments administering state programs created on or after July 1, 2017, shall collaborate with the coordinating council to adopt guidelines and regulations to incorporate core components of Housing First.

(b) By July 1, 2019, except as otherwise provided in subdivision (c), agencies and departments administering state programs in existence prior to July 1, 2017, shall collaborate with the coordinating council to revise or adopt guidelines and regulations that incorporate the core components of Housing First, if the existing guidelines and regulations do not already incorporate the core components of Housing First.

(c) (1) An agency or department that administers programs that fund recovery housing shall comply with the requirements of subdivision (b) by July 1, 2022.

(2) Until July 1, 2022, an agency or department that administers programs that fund recovery housing shall additionally do all of the following:

(A) In coordination with the Homeless Coordinating and Financing Council, consult with the Legislature, the Business, Consumer Services, and Housing Agency, the federal Department of Housing and Urban Development, and other stakeholders between July 1, 2020, and January 1, 2022, to identify ways to improve the provision of housing to individuals who receive funding from that agency or department, consistent with the applicable requirements of state law.

(B) Comply with the core components of Housing First, other than those components described in paragraphs (5) to (7), inclusive, of subdivision (b) of Section 8255.

(C) Ensure that recovery housing programs meet the following requirements:

(i) A recovery housing program participant shall sign an agreement upon entry that outlines the roles and responsibilities of both the participant and the program administrator to ensure individuals are aware of actions that could result in removal from the recovery housing program.

(ii) If a recovery housing program participant chooses to stop living in a housing setting with an abstinence focus, is discharged from the program, or is evicted from housing, the program administrator shall offer assistance in accessing other housing and services options, including options operated with harm-reduction principles. To the extent practicable, this assistance shall include connecting the individual with alternative housing providers, supportive services, and the local coordinated entry system, if applicable. This clause does not apply to an individual who leaves the program without notifying the program administrator.

(iii) The recovery housing program administrator shall track and report annually to the program’s state funding source the housing outcome for each program participant who is discharged.

(3) For purposes of this subdivision, “recovery housing” means sober living facilities and programs that provide housing in an abstinence-focused and peer-supported community for people recovering from substance use issues. Participation is voluntary, unless that participation is pursuant to a court order or is a condition of release for individuals under the jurisdiction of a county probation department or the Department of Corrections and Rehabilitation.

SEC. 18.SEC. 19.

 Section 27 of Chapter 15 of the Statutes of 2020 is amended to read:

SEC. 27.

 (a) The program authorized in schedule 1 of Item 2240-102-0001 of the Budget Act of 2020 shall be suspended on December 31, 2021, unless the Department of Finance determines that the estimates of General Fund revenues and expenditures determined pursuant to Section 12.5 of Article IV of the California Constitution that accompany the May Revision required to be released by May 14, 2021, pursuant to subdivision (e) of Section 13308 of the Government Code contain projected annual General Fund revenues that exceed projected annual General Fund expenditures in the 2021–22 and 2022–23 fiscal years by the sum total of General Fund moneys appropriated for all programs subject to suspension on December 31, 2021, pursuant to the Budget Act of 2020 and the bills providing for appropriations related to the Budget Act of 2020 within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution.

(b) It is the intent of the Legislature to consider alternative solutions to prevent the suspension of the authorization specified in subdivision (a).

SEC. 19.SEC. 20.

  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.