HomeMy WebLinkAboutBOARD STANDING COMMITTEES - 04032014 - Legislation Cte Agenda Pkt
LEGISLATION COMMITTEE
April 3, 2014
10:30 A.M.
651 Pine Street, Room 101, Martinez
Supervisor Mary N. Piepho, Chair
Supervisor Karen Mitchoff, Vice Chair
Agenda
Items:
Items may be taken out of order based on the business of the day and preference
of the Committee
1.Introductions
2.Public comment on any item under the jurisdiction of the Committee and not on this
agenda (speakers may be limited to three minutes).
3. CONSIDER recommending a position of "support" on AB 1799 (Gordon): Land use:
mitigation lands, to the Board of Supervisors, as recommended by the Public Works
Department.
4. CONSIDER recommending a position of "support" on SB 1300 (Hancock):Refineries:
turnarounds, to the Board of Supervisors, as recommended by staff.
5. CONSIDER recommending a position of "oppose" on SB 979, as amended, (Beall):
Local public employee organizations: differences: factfinding panel, to the Board of
Supervisors, as recommended by the County Finance Director.
6. CONSIDER recommending a position to the Board of Supervisors or directing staff to
"watch" SB 837 (Steinberg): Schools: transitional kindergarten.
7. CONSIDER providing direction to staff on developing a position for Board of
Supervisors' consideration regarding the various Water Bond proposals in development
at the Legislature.
8. CONSIDER recommending a letter of support from the Board of Supervisors for the
Delta Conservancy funding in the amount of $6M for FY 14-15, as recommended by
staff.
9. ACCEPT the Status Report on state bills of interest to the County and provide direction
to staff, as needed.
10.The next meeting is currently scheduled for May 2, 2013.
Page 1 of 84
11.Adjourn
The Legislation Committee will provide reasonable accommodations for persons with disabilities
planning to attend Legislation Committee meetings. Contact the staff person listed below at least
72 hours before the meeting.
Any disclosable public records related to an open session item on a regular meeting agenda and
distributed by the County to a majority of members of the Legislation Committee less than 96
hours prior to that meeting are available for public inspection at 651 Pine Street, 10th floor,
during normal business hours.
Public comment may be submitted via electronic mail on agenda items at least one full work day
prior to the published meeting time.
For Additional Information Contact:
Lara DeLaney, Committee Staff
Phone (925) 335-1097, Fax (925) 646-1353
lara.delaney@cao.cccounty.us
Page 2 of 84
LEGISLATION COMMITTEE 3.
Meeting Date:04/03/2014
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2014-08
Referral Name: State Legislation
Presenter: Lara DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
This bill was referred to the Legislation Committee by the Public Works Department.
Referral Update:
As part of a proposed project, public entities must often obtain a permit from a state regulatory
agency prior to commencing work in sensitive environments such as streams, wetlands, or habitat
occupied by protected species. In those situations where environmental impacts remain after all
other steps have been taken to avoid or minimize impacts resulting from the project, the
permitting agency requires the public entity to offset those remaining impacts by providing
“compensatory mitigation” that, as its name implies, compensates for those impacts by replacing
and/or restoring the impacted natural resources. These compensatory mitigation properties then
must be maintained and managed in perpetuity.
Current law allows a permitting agency to identify how the long-term maintenance and
management, or stewardship, of the property will be funded. One such way is by requiring the
establishment of an endowment, where the permittee must set aside a substantial amount of
public funds and use the interest earned on it to pay for the long-term maintenance and
management of the mitigation site. To generate the interest required for stewardship efforts,
endowment funds must be substantially greater than the actual cost of the annual stewardship
efforts. In addition, endowment funds are permanently restricted for this purpose and cannot be
used for anything else, regardless of circumstances. When taxpayer funding is permanently tied
up in this manner, a public entity’s ability to fund other projects and carry out its work is
negatively impacted, as funds are diverted to endowments and permanently unavailable for other,
critical public projects.
AB 1799 would exempt public entities from having to provide endowments or other funding
instruments for the long-term stewardship of mitigation properties, provided certain requirements
are met. Specifically, the entity would need to demonstrate financial reliability through the
possession of an investment-grade credit rating by a nationally recognized statistical rating
organization. It would also need to provide a resolution to fund the long-term stewardship of the
property that is adopted by the board or legislative body of the governmental entity or special
Page 3 of 84
property that is adopted by the board or legislative body of the governmental entity or special
district, or a contractual agreement with the regulatory agency that is enforcing the mitigation
requirements to fund the long-term stewardship of the property. By demonstrating strong
financial reliability and a commitment to fund the maintenance requirements in perpetuity, a
public entity would prove to a permitting agency that there is no need for an endowment or other
funding instrument for long-term stewardship of its mitigation property.
Analysis
While Contra Costa County has not yet had to purchase mitigation property and therefore has not
been subject to establishing a permanent endowment for the long-term stewardship of a mitigation
property, AB 1799 would provide significant protection from a future situation in which it would
be required to do so. Staff also notes that this bill does not reduce or eliminate a public entity’s
obligation to provide mitigation; rather, it simply allows public entities more flexibility for
financing its mitigation obligations. If enacted into law, the provisions of the bill would provide
this flexibility and prevent public funds from being permanently restricted and therefore
unavailable to address other priority needs of Contra Costa County. Finally, AB 1799 would have
an indirect benefit of enhancing our local economy, because funds that might otherwise have
been permanently restricted would be available to create jobs and complete critical public projects
for the County.
For these reasons, staff recommends that the Board of Supervisors adopt a position of support on
AB 1799 and send a letter of support to Assemblymember Gordon and members of our state
delegation.
Recommendation(s)/Next Step(s):
Staff recommends that the Legislation Committee consider recommending a position of "support"
to the Board of Supervisors on AB 1799 (Gordon).
Fiscal Impact (if any):
AB 1799 would eliminate the requirement of an endowment or other financial mechanism for
long-term stewardship of mitigation property, and replace that requirement with more flexible
alternatives to finance mitigation obligations. Specifically, a governmental entity would be
exempted from providing an endowment or other funding instrument for long-term stewardship if
two requirements are met: 1) the entity must demonstrate financial reliability through possession
of an investment-grade credit rating and 2) the entity must provide either a resolution adopted by
its legislative body or a contractual agreement with the permitting agency enforcing the mitigation
requirements.
Attachments
AB 1799 Bill Text
Page 4 of 84
california legislature—2013–14 regular session
ASSEMBLY BILL No. 1799
Introduced by Assembly Member Gordon
(Coauthors: Assembly Members Alejo, Campos, and Wieckowski)
(Coauthors: Senators Beall and Correa)
February 18, 2014
An act to amend Sections 65965 and 65966 of the Government Code,
relating to land use.
legislative counsel’s digest
AB 1799, as introduced, Gordon. Land use: mitigation lands.
The Planning and Zoning Law provides that if a state or local agency
requires a person to transfer to that agency an interest in real property
to mitigate the environmental impact of a project or facility, that agency
may authorize specified entities to hold title to, and manage that interest
in, real property, as well as any accompanying funds, provided those
entities meet specified requirements. Existing law requires that if
accompanying funds, as defined, are conveyed at the time the property
is protected, then the holder of those accompanying funds must meet
specified requirements and requires a state or local agency to exercise
due diligence in reviewing the qualifications of a special district or
nonprofit organization to effectively manage and steward land, water,
or natural resources, as well as the accompanying funds. Existing law
requires a conservation easement created as a component of satisfying
a local or state mitigation requirement to be perpetual in duration, and
sets forth the requirements for long-term stewardship of property by
various entities, including, among others, local governmental entities
and nonprofit organizations.
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This bill would eliminate the requirement of an endowment or other
financial mechanism for long-term stewardship where a governmental
entity or special district is the entity required to provide the long-term
stewardship, if the governmental entity or special district provides
evidence to the local or state agency that it possesses an
investment-grade credit rating by a nationally recognized statistical
rating organization, and provides either a resolution adopted by the
legislative body of the governmental entity or special district or a
contractual agreement with the local or state agency enforcing the
mitigation requirements, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65965 of the Government Code is
line 2 amended to read:
line 3 65965. For the purposes of this chapter, the following
line 4 definitions apply:
line 5 (a) “Endowment” means the funds that are conveyed solely for
line 6 the long-term stewardship of a mitigation property. Endowment
line 7 funds are held as charitable trusts that are permanently restricted
line 8 to paying the costs of long-term management and stewardship of
line 9 the mitigation property for which the funds were set aside.
line 10 Endowments shall be governed by the underlying laws, regulations,
line 11 and specific governmental approvals under those laws and
line 12 regulations pursuant to which the endowments were exacted,
line 13 consistent with subdivision (b) of Section 65966 and with the
line 14 Uniform Prudent Management of Institutional Funds Act (Part 7
line 15 (commencing with Section 18501) of Division 9 of the Probate
line 16 Code). Endowments do not include funds conveyed for meeting
line 17 short-term performance objectives of a project.
line 18 (b) “Community foundation” means any community foundation
line 19 that meets all of the following requirements:
line 20 (1) Meets the requirements of a community trust under Section
line 21 1.170A-9(f)(10)-(11) of Title 26 of the Code of Federal
line 22 Regulations.
line 23 (2) Is exempt from taxation as an organization described in
line 24 Section 501(c)(3) of the Internal Revenue Code.
line 25 (3) Is qualified to do business in this state.
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line 1 (4) Is a “qualified organization” as defined in Section 170(h)(3)
line 2 of the Internal Revenue Code.
line 3 (5) Has complied with National Standards for U.S. Community
line 4 Foundations as determined by the Community Foundations
line 5 National Standards Board, a supporting organization of the Council
line 6 on Foundations.
line 7 (6) Is registered with the Registry of Charitable Trusts
line 8 maintained by the Attorney General pursuant to Section 12584.
line 9 (c) “Conservation easement” means a conservation easement
line 10 created pursuant to Chapter 4 (commencing with Section 815) of
line 11 Title 2 of Part 2 of Division 2 of the Civil Code.
line 12 (d) “Direct protection” means the permanent protection,
line 13 conservation, and preservation of lands, waters, or natural
line 14 resources, including, but not limited to, agricultural lands, wildlife
line 15 habitat, wetlands, endangered species habitat, open-space areas,
line 16 or outdoor recreational areas.
line 17 (e) “Governmental entity” means any state agency, office,
line 18 officer, department, division, bureau, board, commission, public
line 19 postsecondary educational institution, city, county, or city and
line 20 county, or a joint powers authority formed pursuant to the Joint
line 21 Exercise of Powers Act (Chapter 5 (commencing with Section
line 22 6500) of Division 7 of Title 1) that meets either of the following
line 23 requirements:
line 24 (1) The joint powers authority was created for the principal
line 25 purpose and activity of the direct protection or stewardship of land,
line 26 water, or natural resources, including, but not limited to,
line 27 agricultural lands, wildlife habitat, wetlands, endangered species
line 28 habitat, open-space areas, and outdoor recreational areas.
line 29 (2) The joint powers authority was created for the purpose of
line 30 constructing, maintaining, managing, controlling, and operating
line 31 transportation infrastructure, such as major thoroughfares and
line 32 bridges.
line 33 (f) (1) “Mitigation agreement” means either of the following:
line 34 (A) A written agreement between the project proponent and the
line 35 entity qualified to hold the property and the endowment pursuant
line 36 to this chapter, which is submitted to the state or local agency for
line 37 the purpose of obtaining any permit, clearance, or mitigation
line 38 approval from that state or local agency.
line 39 (B) A written agreement between the project proponent and the
line 40 entity qualified to hold the property pursuant to this chapter,
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AB 1799— 3 — Page 7 of 84
line 1 including any agreement with an entity qualified to hold the
line 2 endowment pursuant to this chapter, which is submitted to the state
line 3 or local agency for the purpose of obtaining any permit, clearance,
line 4 or mitigation approval from that state or local agency.
line 5 (2) A mitigation agreement shall govern the long-term
line 6 stewardship of the property and the endowment.
line 7 (g) “Congressionally chartered foundation” means a nonprofit
line 8 organization that meets all of the following requirements:
line 9 (1) Is chartered by the United States Congress.
line 10 (2) Is exempt from taxation as an organization described in
line 11 Section 501(c)(3) of the Internal Revenue Code.
line 12 (3) Is qualified to do business in this state.
line 13 (4) Is registered with the Registry of Charitable Trusts
line 14 maintained by the Attorney General pursuant to Section 12584.
line 15 (5) Has as a purpose the conservation and management of fish,
line 16 wildlife, plants, and other natural resources, which includes, but
line 17 is not limited to, the direct protection or stewardship of land, water,
line 18 or natural wildlife habitat, wetlands, endangered species habitat,
line 19 open-space areas, and outdoor recreational areas.
line 20 (h) “Investment grade” means a credit rating provided by a
line 21 nationally recognized statistical rating organization that indicates
line 22 a relatively low risk of default. For purposes of this subdivision,
line 23 “nationally recognized statistical rating organization” means a
line 24 rating agency designated by the Securities and Exchange
line 25 Commission as being nationally recognized.
line 26 (h)
line 27 (i) “Nonprofit organization” means any nonprofit organization
line 28 that meets all of the following requirements:
line 29 (1) Is exempt from taxation as an organization described in
line 30 Section 501(c)(3) of the Internal Revenue Code.
line 31 (2) Is qualified to do business in this state.
line 32 (3) Is a “qualified organization” as defined in Section 170(h)(3)
line 33 of the Internal Revenue Code.
line 34 (4) Is registered with the Registry of Charitable Trusts
line 35 maintained by the Attorney General pursuant to Section 12584.
line 36 (5) Has as its principal purpose and activity the direct protection
line 37 or stewardship of land, water, or natural resources, including, but
line 38 not limited to, agricultural lands, wildlife habitat, wetlands,
line 39 endangered species habitat, open-space areas, and outdoor
line 40 recreational areas.
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line 1 (i)
line 2 (j) “Project proponent” means an individual, business entity,
line 3 agency, or other entity that is developing a project or facility and
line 4 is required to mitigate any adverse impact upon natural resources.
line 5 (j)
line 6 (k) “Property” means fee title land or any partial interest in real
line 7 property, including a conservation easement, that may be conveyed
line 8 pursuant to a mitigation requirement by a state or local agency.
line 9 (k)
line 10 (l) “Special district” means any of the following special districts:
line 11 (1) A special district formed pursuant to Article 3 (commencing
line 12 with Section 5500) of Chapter 3 of Division 5 or Division 26
line 13 (commencing with Section 35100) of the Public Resources Code.
line 14 (2) A resource conservation district organized pursuant to
line 15 Division 9 (commencing with Section 9001) of the Public
line 16 Resources Code.
line 17 (3) A district organized or formed pursuant to the Metropolitan
line 18 Water District Act (Chapter 209 of the Statutes of 1969).
line 19 (4) A county water district organized under Division 12
line 20 (commencing with Section 30000) of the Water Code, that has
line 21 more than 5,000 acres of mitigation lands.
line 22 (5) A special district formed pursuant to Chapter 2 (commencing
line 23 with Section 11561) of Division 6 of the Public Utilities Code that
line 24 provides water and wastewater treatment services.
line 25 (6) A district organized or formed pursuant to the County Water
line 26 Authority Act (Chapter 545 of the Statutes of 1943).
line 27 (7) A local flood control district formed pursuant to any law.
line 28 (l)
line 29 (m) “Stewardship” encompasses the range of activities involved
line 30 in controlling, monitoring, and managing for conservation purposes
line 31 a property, or a conservation or open-space easement, as defined
line 32 by the terms of the easement, and its attendant resources.
line 33 SEC. 2. Section 65966 of the Government Code is amended
line 34 to read:
line 35 65966. (a) Any conservation easement created as a component
line 36 of satisfying a local or state mitigation requirement shall be
line 37 perpetual in duration, whether created pursuant to Chapter 6.6
line 38 (commencing with Section 51070) of Part 1 of Division 1 of Title
line 39 5 of this code or Chapter 4 (commencing with Section 815) of
line 40 Title 2 of Part 2 of the Civil Code.
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line 1 (b) Any local or state agency that requires property to be
line 2 protected pursuant to subdivision (a) or (b) of Section 65967 may
line 3 identify how the funding needs of the long-term stewardship of
line 4 the property will be met. Nothing in this chapter shall be construed
line 5 as otherwise precluding other methods of funding for the long-term
line 6 stewardship of the property. If an endowment is conveyed or
line 7 secured at the time the property is protected, all of the following
line 8 shall apply:
line 9 (1) The endowment shall be held, managed, invested, and
line 10 disbursed solely for, and permanently restricted to, the long-term
line 11 stewardship of the specific property for which the funds were set
line 12 aside.
line 13 (2) The endowment shall be calculated to include a principal
line 14 amount that, when managed and invested, is reasonably anticipated
line 15 to cover the annual stewardship costs of the property in perpetuity.
line 16 (3) The endowment shall be held, managed, invested, disbursed,
line 17 and governed as described in subdivision (a) of Section 65965
line 18 consistent with the Uniform Prudent Management of Institutional
line 19 Funds Act (Part 7 (commencing with Section 18501) of Division
line 20 9 of the Probate Code).
line 21 (c) If a nonprofit corporation holds the endowment, the nonprofit
line 22 shall utilize generally accepted accounting practices that are
line 23 promulgated by the Financial Accounting Standards Board or any
line 24 successor entity.
line 25 (d) If a local agency holds the endowment, the local agency
line 26 shall do all of the following:
line 27 (1) Hold, manage, and invest the endowment consistent with
line 28 subdivision (b) to the extent allowed by law.
line 29 (2) Disburse funds on a timely basis to meet the stewardship
line 30 expenses of the entity holding the property.
line 31 (3) Utilize accounting standards consistent with standards
line 32 promulgated by the Governmental Accounting Standards Board
line 33 or any successor entity.
line 34 (e) (1) Unless the mitigation agreement provides that another
line 35 person or entity shall prepare the annual fiscal report described
line 36 below, a governmental entity, community foundation, special
line 37 district, a congressionally chartered foundation, or a nonprofit
line 38 organization that holds funds pursuant to this chapter, including
line 39 an endowment or moneys for initial stewardship costs, shall provide
line 40 the local or state agency that required the endowment with an
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line 1 annual fiscal report that contains at least the following elements
line 2 with respect to each individual endowment dedicated and held by
line 3 that entity:
line 4 (A) The balance of each individual endowment at the beginning
line 5 of the reporting period.
line 6 (B) The amount of any contribution to the endowment during
line 7 the reporting period including, but not limited to, gifts, grants, and
line 8 contributions received.
line 9 (C) The net amounts of investment earnings, gains, and losses
line 10 during the reporting period, including both realized and unrealized
line 11 amounts.
line 12 (D) The amounts distributed during the reporting period that
line 13 accomplish the purpose for which the endowment was established.
line 14 (E) The administrative expenses charged to the endowment
line 15 from internal or third-party sources during the reporting period.
line 16 (F) The balance of the endowment or other fund at the end of
line 17 the reporting period.
line 18 (G) The specific asset allocation percentages including, but not
line 19 limited to, cash, fixed income, equities, and alternative investments.
line 20 (H) The most recent financial statements for the organization
line 21 audited by an independent auditor who is, at a minimum, a certified
line 22 public accountant.
line 23 (2) If an entity is required to submit an identical annual fiscal
line 24 report pursuant to paragraph (1) to the Department of Fish and
line 25 Game and any other state or local agency, then that report shall be
line 26 provided only to the Department of Fish and Game. In that
line 27 instance, the Department of Fish and Game shall provide a copy
line 28 of that annual fiscal report on its Internet Web site for a minimum
line 29 of five years.
line 30 (f) If a state agency authorizes a governmental entity, special
line 31 district, or nonprofit organization to hold property pursuant to
line 32 subdivision (a) or (b) of Section 65967 in connection with a
line 33 development project, the agency may require the project proponent
line 34 to pay a one-time fee that does not exceed the reasonable costs of
line 35 the agency in reviewing qualifications of potential holders of the
line 36 property and approving those holders. This one-time fee shall be
line 37 collected only if the agency can demonstrate its actual review of
line 38 qualifications and approval of holders.
line 39 (g) If a local agency authorizes a governmental entity, special
line 40 district, or nonprofit organization to hold property or an endowment
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line 1 pursuant to this chapter, the agency may require the project
line 2 proponent to pay a one-time fee that does not exceed the reasonable
line 3 costs of the agency in reviewing qualifications of the parties
line 4 identified in the mitigation agreement, approving those parties,
line 5 and any regular oversight over those parties to ensure that the
line 6 parties are complying with all applicable laws. This one-time fee
line 7 shall be collected only if the agency can demonstrate its actual
line 8 review of qualifications, approval of parties, or regular oversight
line 9 of compliance and performance.
line 10 (h) A local agency may require a project proponent to provide
line 11 a one-time payment that will provide for the initial stewardship
line 12 costs for up to three years while the endowment begins to
line 13 accumulate investment earnings. The funds for the initial
line 14 stewardship costs are distinct from the funds that may be conveyed
line 15 for long-term stewardship, construction, or other costs. If there are
line 16 funds remaining at the completion of the initial stewardship period,
line 17 the funds shall be conveyed to the project proponent.
line 18 (i) The local agency may contract with or designate a qualified
line 19 third party to do any of the following:
line 20 (1) Review the qualifications of a governmental entity, special
line 21 district, or nonprofit organization to effectively manage and
line 22 steward natural land or resources pursuant to subdivision (c) of
line 23 Section 65967.
line 24 (2) Review the qualifications of a governmental entity,
line 25 community foundation, or nonprofit organization to hold and
line 26 manage the endowment that is set aside for long-term stewardship
line 27 of the property.
line 28 (3) Review reports or other performance indicators to evaluate
line 29 the stewardship of lands, natural resources, or funds, and
line 30 compliance with the mitigation agreement.
line 31 (j) If a property conserved pursuant to subdivision (a) or (b) of
line 32 Section 65967 is condemned, the net proceeds from the
line 33 condemnation of the real property interest set aside for mitigation
line 34 purposes shall be used for the purchase of property that replaces
line 35 the natural resource characteristics the original mitigation was
line 36 intended to protect, or as near as reasonably feasible. Any
line 37 endowment held for the condemned property shall be held for the
line 38 long-term stewardship of the replacement property.
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line 1 (k) Unless prohibited by law, no provision in this chapter is
line 2 intended to prohibit for-profit entities from holding, acquiring, or
line 3 providing property for mitigation purposes.
line 4 (l) Nothing in this section shall prohibit a state agency from
line 5 exercising any powers described in subdivision (d), (g), or (h).
line 6 (m) A governmental entity, special district, or nonprofit
line 7 organization may contract with a community foundation or
line 8 congressionally chartered foundation at any time to hold, manage,
line 9 and invest the endowment for a mitigation property and disburse
line 10 payments from the endowment to the holder of the mitigation
line 11 property consistent with the fund agreement.
line 12 (n) Except as expressly authorized in paragraph (1) of
line 13 subdivision (e), the mitigation agreement shall not include any
line 14 provision to waive or exempt the parties from any requirement, in
line 15 whole or part, of this chapter.
line 16 (o) Subdivisions (b) to (e), inclusive, shall not apply to funds,
line 17 including funds from mitigation fees, held for the long-term
line 18 management and stewardship of property pursuant to either an
line 19 interim or approved habitat conservation plan pursuant to Chapter
line 20 35 (commencing with Section 1531) of Title 16 of the United
line 21 States Code or an interim or approved natural community
line 22 conservation plan pursuant to Chapter 10 (commencing with
line 23 Section 2800) of Division 3 of the Fish and Game Code, if, in the
line 24 interim or approved plan documents, the permitting agency
line 25 determines the endowment to be established with those funds will
line 26 be adequate and provides a schedule for funding the endowment.
line 27 (p) (1) If a governmental entity or special district is the project
line 28 proponent required to provide long-term stewardship of property
line 29 pursuant to subdivision (b), an endowment or other financial
line 30 mechanism for long-term stewardship shall not be required if the
line 31 governmental entity or special district provides evidence to the
line 32 local or state agency that it possesses an investment-grade credit
line 33 rating by a nationally recognized statistical rating organization
line 34 or other equivalent evidence of financial reliability, and provides
line 35 one of the following:
line 36 (A) A resolution to fund the long-term stewardship of the
line 37 property adopted by the board or legislative body of the
line 38 governmental entity or special district.
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line 1 (B) A contractual agreement with the state or local agency
line 2 enforcing the mitigation requirements to fund the long-term
line 3 stewardship of the property.
line 4 (2) A resolution or contract provided pursuant to paragraph
line 5 (1) shall include all of the following:
line 6 (A) A summary of the governmental entity or special district’s
line 7 current and projected financial state.
line 8 (B) A finding regarding a financial analysis conducted on
line 9 annual management costs.
line 10 (C) An annual pledge of revenue to cover the annual mitigation
line 11 requirements.
line 12 (D) An annual pledge of revenue to cover the annual
line 13 management costs.
line 14 (E) Use of accounting standards consistent with standards
line 15 promulgated by the Governmental Accounting Standards Board
line 16 or its successor entity.
line 17 (F) An annual fiscal report.
line 18 (3) If the governmental entity or special district is subsequently
line 19 downgraded below an investment-grade credit rating by a
line 20 nationally recognized statistical rating organization or fails to
line 21 maintain an equivalent standard of financial reliability, the state
line 22 or local agency enforcing the mitigation requirement may provide
line 23 written notice thereof and require the governmental entity or
line 24 special district to post collateral for performance of the long-term
line 25 stewardship in the form of a performance bond, escrow account,
line 26 casualty insurance, letter of credit, or other appropriate
line 27 instrument. The obligation to maintain collateral shall end, and
line 28 all unused collateral shall be canceled or refunded, upon the
line 29 governmental entity or special district providing evidence of its
line 30 return to an investment-grade credit rating by a nationally
line 31 recognized statistical rating organization or other equivalent
line 32 evidence of financial reliability.
line 33 (4) If the governmental entity or special district fails to
line 34 adequately fund the long-term stewardship by revoking, failing to
line 35 comply with, or otherwise rendering ineffective the board
line 36 resolution described in paragraph (1), or after being provided
line 37 written notice, fails to cure within the remedy period set forth in
line 38 the contractual agreement, the state or local agency enforcing the
line 39 mitigation requirement may, in addition to any contractual
line 40 remedies, require the governmental entity or special district to
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line 1 post collateral for performance of the long-term stewardship in
line 2 the form of a performance bond, escrow account, casualty
line 3 insurance, letter of credit, or other appropriate instrument.
O
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LEGISLATION COMMITTEE 4.
Meeting Date:04/03/2014
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2014-09
Referral Name: State Legislation
Presenter: Lara DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
SB 1300 was referred to the Legislation Committee by Supervisor Gioia. A letter of support was
requested from Senator Hancock's office.
Referral Update:
Purpose of SB 1300
Currently, there is no requirement for oil refineries to report their schedule of “turnarounds,” or
other related information, to the Division of Occupational Safety and Health (Cal/OSHA).
This bill would require petroleum refineries to annually report their schedule for “turnarounds” to
Cal/OSHA on September 15. It would also require them to provide Cal/OSHA with
documentation on refinery safety and infrastructure.
Problem and Need for the Bill
Under existing law, there is no requirement for an oil refinery to inform Cal/OSHA when it is
going to perform a “turnaround.” A “turnaround” is a planned partial or total shutdown of any unit
of an oil refinery for certain purposes including maintenance, overhaul, or repair, and to inspect,
test, and replace process materials and equipment.
According to the American Petroleum Institute (API), “turnarounds” are a necessary part of
refinery operations. They can last anywhere from one to four weeks. They are usually scheduled
at least one or two years in advance. The API admits that “refinery incidents are more likely to
occur” during turnarounds than during normal operations.”
Despite the obvious importance of “turnarounds,” Cal/OSHA is often unaware of when one will
occur at an oil refinery. This prevents Cal/OSHA from preparing for a possible incident during a
scheduled refinery “turnaround.” It also means that Cal/OSHA inspectors are left unaware when
the last “turnaround” was done while performing inspections of refinery facilities.
This is not an abstract concern. Chevron Corp. did not inspect several sections of piping of its
Richmond refinery during a November 2011 “turnaround.” One of the sections of had thinned in
thickness by 80 percent, which contributed to the August 6 fire at the facility, one of the worst
Page 16 of 84
thickness by 80 percent, which contributed to the August 6 fire at the facility, one of the worst
incidents in recent years. The fire caused 15,000 Richmond residents to seek medical attention.
During its inspection of the Chevron refinery after the August 6 fire, Cal/OSHA found that
several refinery parts were in place at least 30 months past their last “turnaround.” Cal/OSHA
found that the failure to replace the parts sooner to be a “willful” violation of state law. Had
Cal/OSHA known about Chevron’s failure to inspect or replace those parts during recent
“turnarounds,” it is possible that Cal/OSHA inspectors could have done their own targeted
inspection. Doing so could have prevented an incident that threatened the public health, affected
the environment, and imposed severe financial costs upon Chevron. Additionally, in its
investigation of the August 6 fire at the Chevron refinery, the federal Chemical Safety Board
advocated for targeted inspections.
What SB 1300 Would Do
SB 1300 would require oil refineries to do three things with reference to “turnarounds.”
First, it would require refineries to submit a full schedule of planned “turnarounds” to Cal/OSHA
annually on September 15 th .
Second, upon Cal/OSHA request, refineries would be required to provide access on site and
submit certain documentation at least 60 days before a planned “turnaround.”
This required documentation would include corrosion reports, unfulfilled work orders, risk-based
inspection reports, Process Hazard Analyses, and all management of change records related to
repairs, design modifications, and process changes.
Third, at least 30 days submit a planned “turnaround,” refineries would have to supplemental
documents to Cal/OSHA explaining any changes since their previous, 60-day report.
This bill would prohibit any information identified as a trade secret that is submitted to
Cal/OSHA to be released to the public.
This bill would instead authorize the Department of Industrial Relations (DIR) rather than
Cal/OSHA under existing law, to fix and collect fees to cover necessary expenses including fees
for consultation, inspection, adoption of standards, and participation in interagency efforts to
improve safety in refineries and chemical plants.
DIR will be authorized to hold any unexpended funds as a contingency fund for expenses in
emergency situations at a petroleum refinery.
Current Status: 03/26/2014: From SENATE Committee on LABOR AND INDUSTRIAL
RELATIONS: Do pass to Committee on JUDICIARY.
See attached analysis for the Senate Committee on Labor and Industrial Relations for additional
information.
Recommendation(s)/Next Step(s):
CONSIDER recommending a position of "support" on SB 1300 (Hancock):Refineries:
turnarounds, to the Board of Supervisors, as recommended by staff.
Page 17 of 84
Fiscal Impact (if any):
No fiscal impact to Contra Costa Costa from this bill.
Attachments
Bill Analysis SB 1300
SB 1300 Bill Text
Sample Support Letter
Page 18 of 84
Senate Committee on Labor and Industrial Relations
Senator Ben Hueso, Chair
Date of Hearing: March 26, 2014 2013-2014 Regular Session
Consultant: Alma Perez-Schwab Fiscal:Yes
Urgency: No
Bill No: SB 1300
Author: Hancock
As Introduced/Amended: February 21, 2014
SUBJECT
Refineries: turnarounds
KEY ISSUES
Should the Legislature require the Department of Industrial Relations to recoup from the owner
of a refinery, the full costs of extraordinary expenditures resulting from the division’s response
to an emergency hazardous material release or similar occurrence?
Should oil refineries be required to annually report their schedule for “turnarounds” to the
Division of Occupational Safety and Health and provide documentation on refinery safety and
infrastructure?
Should the Legislature prohibit certain information on refinery safety and infrastructure that is
submitted to the State as a “trade secret” from being released to the public?
ANALYSIS
Existing law established the California Division of Occupational Safety and Health (Cal/OSHA),
within the Department of Industrial Relations (DIR), to protect workers from health and safety
hazards on the job through research and standards, enforcement and consultation programs.
Among other things, Cal/OSHA promotes worker safety through implementation of training and
process safety management in refineries and other facilities, as specified.
Existing law, under the California Refinery and Chemical Plant Worker Safety Act of 1990:
1)Declares that the potential consequences of explosions, fires, and releases of dangerous
chemicals may be catastrophic; thus immediate and comprehensive government action
must be taken to ensure that workers in petroleum refineries, chemical plants, and other
related facilities are thoroughly trained and that adequate process safety management
practices are implemented.
Page 19 of 84
1)Defines “process safety management” as the application of management programs, as
specified, when dealing with the risks associated with handling or working near
hazardous chemicals and is intended to prevent or minimize the consequences of
catastrophic releases of acutely hazardous, flammable, or explosive chemicals.
2)Among other things, “Process Safety Management Standards” require:
(Labor Code §7850 – 7870)
a.The Occupational Safety and Health Standards Board to adopt process safety
management standards for refineries, chemical plants, and other manufacturing
facilities.
b.An employer to develop and maintain a compilation of written safety information
to enable the employer and employees operating the machinery to identify and
understand the hazards posed by processes involving acutely hazardous and
flammable material. A copy of this information is to be accessible to all workers.
c.An employer to perform a hazard analysis for identifying, evaluation, and
controlling hazards involved in the process.
d.An employer to develop, implement, and update periodically written operating
procedures that provide clear instructions for safely conducting activities involved
in each process consistent with the process safety information.
e.Each employee whose primary duties includes the operating or maintenance of a
process to be trained in an overview of the process with an emphasis on the
specific safety and health hazards, procedures, and safe practices applicable to the
employee’s job tasks as well as refresher and supplemental training documented
by the employer’s certification record.
f.An employer to inform contractors performing work on, or near, a process of the
known potential fire, explosion, or toxic release hazards related to the contractor’s
work; and requires that contractors have trained their employees to a level
adequate to safely perform their job.
Existing law requires the Division of Occupational Safety and Health to annually fix and collect
reasonable fees for consultation, inspection, adoption of standards, and other duties conducted
pursuant to the act. The fees shall be sufficient to cover, at a minimum, the annual cost of 15
staff positions. All revenue collected is to be deposited into the Occupational Safety and Health
Fund and subject to appropriation by the Legislature in the annual Budget Act.
This Bill would 1) expand on the requirements for fees collected from refineries, 2) define what
a “turnaround” at refineries is and would establish specific requirements of refineries in notifying
the state of any planned turnarounds, and 3) would prohibit certain information submitted to the
state as a trade secret from being released to the public.
With regards to the fees collected from owners for refinery safety, this bill would:
1)Authorize the Department of Industrial Relations (instead of the division within the
department) to fix and collect reasonable fees to cover all necessary expenses, including
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administrative and indirect costs, for the existing consultation, inspection, adoption of
standards and other duties required under the Refinery and Chemical Plant Safety Act.
2)Additionally, authorize the fees to be used to fund participation in interagency efforts to
improve safety in refineries and chemical plants.
3)Delete the requirement in law that the fees must be sufficient to cover 15 staff positions.
4)Require the director of DIR to adopt rules and regulations governing the criteria and
procedures to fix and collect the fees, including emergency regulations as necessary.
5)Require the director of DIR to recoup from the owner of a refinery (by adding the amount
expended to next year’s assessment), the full costs of extraordinary expenditures resulting
from the division’s response to a hazardous material release or similar occurrence. The
director shall document expenses for which reimbursement is sought.
6)Authorize the department to credit against the owner’s subsequent year’s assessment, any
unexpended funds or hold them in reserve as a contingency fund for expenditures
required by an emergency response to a hazardous material release or other situation.
With regards to “turnarounds,” this bill would:
1)Define “turnaround” as a planned, periodic shutdown, total or partial, of a refinery
process unit or plant to perform maintenance, overhaul, and repair operations and to
inspect, test, and replace process materials and equipment.
2)Specify that “turnaround” does not include unplanned shutdowns that occur due to
emergencies or other unexpected maintenance matters in a process unit or plant, or
routine maintenance, as specified.
3)Require a refinery employer to submit to the division a full schedule of planned
“turnarounds” for the various units on September 15 of each year.
4)At the request of the division, require a refinery employer to provide on-site access and
specified documentation relating to a planned turnaround at least 60 days prior to the
shutdown of a process unit or plant, including:
a.Corrosion reports and risk-based inspection reports;
b.Process Hazard Analyses;
c.Boiler permit schedules;
d.Management of change records related to repairs, design modifications and
process changes;
e.Work orders scheduled to be completed in the planned turnaround; and
f.Temporary repairs since the last turnaround.
5)Require the refinery employer to submit notification of any changes and supporting
documents at least 30 days prior to a planned turnaround.
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6)Authorize the division, by agreement with a refinery employer, to modify the reporting
period as to any individual item of information.
7)Require the division to develop an electronic information management system to
facilitate monitoring of petroleum refineries.
With regard to information contained within documentation of a “turnaround,” this bill would:
1)Authorize a person providing information regarding a “turnaround,” to identify all or a
portion of the information submitted to the division as a trade secret.
2)Prohibit any information that is submitted to the division as a trade secret from being
released to the public. However, the fact that the information is claimed to be a trade
secret is public information.
3)Establish procedures for notifying a refinery of any requests for the release of
information claimed to be a trade secret, subsequent requirements of the refinery, and
final determination by the division on whether or not the information will be released.
4)Establish legal proceedings for the person seeking the release of information or the
person requesting that the information remain a trade secret.
COMMENTS
1.Overview on Refinery Turnarounds:
According to the American Petroleum Institute (API), a refinery turnaround is a planned,
periodic shut down (total or partial) of a refinery process unit or plant to perform
maintenance, overhaul and repair operations and to inspect, test and replace process materials
and equipment. Turnarounds are scheduled at least 1-2 years in advance and depending on
the process unit and the amount of maintenance needed, the length of the turnaround can vary
from 1 to 4 weeks or more. API also stated that the less often units are started up and taken
down, the safer it is since refinery incidents are more likely to occur during turnarounds.
2.Background on August 2012 explosion at Chevron Richmond Oil Refinery:
According to an Interim Investigation Report from the U.S. Chemical Safety and Hazard
Investigation Board on the Chevron Richmond Refinery Fire:
On August 6, 2012, the Chevron U.S.A. Inc. Refinery in Richmond, California
experienced a catastrophic pipe failure in the #4 Crude Unit. The pipe ruptured,
releasing flammable, hydrocarbon process fluid that partially vaporized into a large
vapor cloud that engulfed nineteen Chevron employees. All of the employees escaped,
narrowly avoiding serious injury. The ignition and subsequent continued burning of the
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hydrocarbon process fluid resulted in a large plume of unknown and unquantified
particulates and vapor traveling across the Richmond, California, area. In the weeks
following the incident, approximately 15,000 people from the surrounding area sought
medical treatment due to the release.
Multiple agencies opened investigations in response to the incident including the Division of
Occupational Safety and Health (Cal/OSHA), the U.S. Chemical Safety and Hazard
Investigation Board (CSB), and the U.S. Environmental Protection Agency (U.S. EPA).
Additionally, Chevron also completed its own internal investigation. All investigations
identified serious concerns about process safety management procedures at the refinery
and expressed the need for stronger preventative safeguards.
On January 30, 2013, the Division of Occupational Safety and Health issued 25 citations
against Chevron USA, with proposed penalties totaling nearly $1 million ($963,200
exactly), for state safety standard violations related to the refinery explosion. The citations
included eleven “willful serious” and twelve “serious” violations, resulting in the highest
penalties in Cal/OSHA’s history. Among Cal/OSHA’s finding, they reported that:
Chevron did not follow the recommendations of its own inspectors and metallurgical
scientists to replace the corroded pipe that ultimately ruptured and caused the fire.
Those recommendations dated back to 2002.
Chevron did not follow its own emergency shutdown procedures when the leak was
identified, and did not protect employees.
3.Improving Public and Worker Safety at Oil Refineries: Report of the Interagency Working
Group on Refinery Safety
Following the August 2012 explosion at Chevron’s Richmond Oil Refinery, Governor Brown
convened a 13-agency Working Group to explore ways of improving public and worker
safety at and around oil refineries through enhanced oversight, and to strengthen emergency
preparedness. Over an 18-month period, the group met internally and with industry, labor,
community, environmental, academic, local emergency response and other stakeholders.
The report details recommendations to improve emergency response and preparedness.
Specifically, the report made the following recommendations:
Coordinating regulatory activities to avoid duplication and increase effectiveness;
Establishing clear criteria for unified response during emergencies and aligning radio
communications between industry firefighters and local first responders;
Improving information and data flows from refineries to the public and state and local
agencies;
Requiring refineries to implement inherently safer systems to prevent emergencies
and better protect workers and neighboring communities;
Strengthening enforcement capacity to ensure adequate oversight of refineries;
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Assessing operational safety and organizational structures at refineries to reduce
human factors such as lack of training, insufficient experience or fatigue that can
cause hazards;
Providing greater community access to air quality monitoring information in and
around refineries.
An Interagency Refinery Task Force was established in August 2013 to continue overseeing
progress on the recommendations, and will meet bimonthly to ensure proper implementation.
4.Need for this bill?
The devastating explosion that occurred at the Chevron Richmond Refinery has sparked
much discussion and debate on current safety standards, their effectiveness, or lack thereof,
and need for improvement. After several investigations and the highest ever penalties issued
in Cal/OSHA’s history, it has become clear that more needs to be done. Among Cal/OSHA’s
findings with regards to the Chevron Refinery explosion, were violations in Chevron’s
implementation of its own “process safety management” procedures required of all refineries.
Under current law, “process safety management” procedure regulations require refineries to
implement a comprehensive safety plan that includes a precise determination of what hazards
exist and procedures to eliminate or reduce them. Employers must ensure that machinery
and equipment are in good condition, that work procedures are safe, that hazards are
controlled, and that workers are trained to safely operate the equipment, recognize hazards
and respond appropriately in emergency situations. Chevron’s Richmond Refinery failed to
meet these requirements which resulted in the catastrophic explosion which put many lives in
danger and left the refinery with an almost $1 million fine.
This bill is necessary to establish specific requirements of refineries in notifying the
department of any planned “turnarounds” as well as provide documentation regarding the
refinery safety and infrastructure to allow for a more thorough review.
5.Proponent Arguments:
According to the author, oil refineries have no obligation under state law to report their
“turnaround” schedule to any part of state or local government. Nor are they required to
disclose important information, such as repair schedules or corrosion reports. The author
argues that given the importance of “turnarounds,” both to the refinery itself as well as the
public safety risk they pose, allowing the Division of Occupational Safety and Health to
know this information may allow it to conduct targeted inspections of refinery facilities. This
bill would require petroleum refineries to annually report their schedule for “turnarounds” to
the division and would require them to also submit documentation on refinery safety and
infrastructure.
Proponents argue that in the case of Chevron, had Cal/OSHA known that Chevron had not
inspected the section of piping that caused the explosion, it is possible that Cal/OSHA could
have done their own inspection. Doing so, they argue, could have prevented an incident that
threatened public health, affected the environment, and imposed severe financial costs.
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6.Opponent Arguments:
None received.
7.Staff Comment:
On page 5, line 24-25 of the bill would require the division (Cal/OSHA) to develop an
electronic information management system to facilitate monitoring of petroleum refineries;
however, the bill provides no further indication as to what or how this system would work,
which user it is targeting – the refineries, the public or the department? The author may wish
to amend the bill to provide further clarification on this provision.
8.Double Referral:
This bill has been double referred and, if approved by this committee, it will be sent to the
Senate Judiciary Committee for a hearing.
9.Prior Legislation:
SB 438 (Hancock) of 2013: Held in Assembly Appropriations Committee
SB 438 from last year is very similar to the provisions found in this bill, however, this year
the author has chosen to also address costs associated with the State’s response to a
hazardous occurrence and allows certain information to be protected from public disclosure.
SB 71(Budget and Fiscal Review Committee) of 2013: Chaptered
SB 71 included changes to Labor Code which directed the Department of Industrial Relations
to use its statutory authority to approve a fee by March 31, 2014, to support an increase in
funding and at least 15 new positions for the Process Safety Unit, which inspects oil
refineries and chemical plants.
AB 3672(Elder) of 1990: Chaptered
AB 3672 established the California Refinery and Chemical Plant Worker Safety Act of 1990
including process safety management standards to prevent or minimize the consequences of
catastrophic releases of toxic, flammable or explosive chemicals.
SUPPORT
Asian Pacific Environmental Network (APEN)
OPPOSITION
None received
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SENATE BILL No. 1300
Introduced by Senator Hancock
February 21, 2014
An act to amend Section 7870 of, and to add Sections 7872 and 7873
to, the Labor Code, relating to refineries.
legislative counsel’s digest
SB 1300, as introduced, Hancock. Refineries: turnarounds.
Existing law, the California Refinery and Chemical Plant Worker
Safety Act of 1990, states that its purpose is to prevent or minimize the
consequences of catastrophic releases of toxic, flammable, or explosive
chemicals. Existing law provides for the adoption of specified process
safety management standards for, among others, refineries that handle
acutely hazardous material. Existing law declares the intent of the
Legislature for, among others, the Division of Occupational Safety and
Health, to promote worker safety through implementation of training
and process safety management, as defined, in refineries and other
facilities as deemed appropriate. A violation of the act is a crime.
This bill would require every petroleum refinery employer to, every
September 15, submit to the division a full schedule of planned
turnarounds, meaning a planned, periodic shutdown of a refinery process
unit or plant to perform maintenance, overhaul, and repair operations
and to inspect, test, and replace process materials and equipment, for
the following calendar year, as specified. Upon the request of the
division, the bill would also require a petroleum refinery employer to
provide access on site and provide the division with specified
documentation relating to a planned turnaround within a certain period
of time, as provided. This bill would prohibit any information that is
submitted to the division that is identified as a trade secret from being
released to the public, as specified.
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Page 26 of 84
Existing law requires the division to annually fix and collect
reasonable fees for consultation, inspection, adoption of standards, and
other duties conducted pursuant to the act, and requires all revenue
collected from these fees to be deposited into the Occupational Safety
and Health Fund. Existing law requires the fees to be sufficient to
support, at a minimum, the annual cost of 15 positions and requires the
fees to be adopted by March 15, 2014.
This bill would instead authorize the Department of Industrial
Relations to fix and collect reasonable fees to cover all necessary
expenses, including administrative and indirect costs, for consultation,
inspection, adoption of standards, participation in interagency efforts
to improve safety in refineries and chemical plants, and other duties
conducted pursuant to this act. This bill would require the Director of
Industrial Relations to adopt reasonable rules and regulations governing
the criteria and procedures to fix and collect the fees, including
emergency regulations as necessary.
This bill would require the Director of Industrial Relations to recoup
the full costs of extraordinary expenditures from the owner of a refinery
by adding the amount expended to the next year’s assessment for that
facility as a result of the division’s response to a hazardous material
release or similar occurrence at a petroleum refinery.
This bill would authorize the department to hold in reserve any
unexpended funds as a contingency fund for expenditures required by
an emergency response to a hazardous material release or other
emergency situation an unexpended funds, as provided.
Because a violation of the bill’s requirements would be a crime, the
bill would impose a state-mandated local program.
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 no reimbursement is required by this act
for a specified reason.
Existing constitutional provisions require that a statute that limits the
right of access to the meetings of public bodies or the writings of public
officials and agencies be adopted with findings demonstrating the
interest protected by the limitation and the need for protecting that
interest.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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The people of the State of California do enact as follows:
line 1 SECTION 1. Section 7870 of the Labor Code is amended to
line 2 read:
line 3 7870. (a) Notwithstanding the availability of federal funds to
line 4 carry out the purposes of this part, the division shall annually
line 5 department may fix and collect reasonable fees to cover all
line 6 necessary expenses, including administrative and indirect costs,
line 7 for consultation, inspection, adoption of standards, participation
line 8 in interagency efforts to improve safety in refineries and chemical
line 9 plants, and other duties conducted pursuant to this part. The fees
line 10 shall be adopted by March 31, 2014. All revenue collected from
line 11 these fees shall be deposited into the Occupational Safety and
line 12 Health Fund. The fees shall be sufficient to support, at a minimum,
line 13 the annual cost of 15 positions. The expenditure of these funds
line 14 shall be subject to appropriation by the Legislature in the annual
line 15 Budget Act or other measure. Act. The director shall adopt
line 16 reasonable rules and regulations governing the criteria and
line 17 procedures to fix and collect the fees and to implement this section,
line 18 including emergency regulations as necessary. All regulations
line 19 previously adopted by the division pursuant to this section shall
line 20 remain in effect until repealed or amended by the director.
line 21 (b) The emergency regulations adopted pursuant to this section
line 22 shall be adopted by the director in accordance with Chapter 3.5
line 23 (commencing with Section 11340) of Part 1 of Division 3 of Title
line 24 2 of the Government Code. The adoption of these regulations is
line 25 an emergency and shall be considered by the Office of
line 26 Administrative Law necessary for the immediate preservation of
line 27 the public peace, health, safety, and general welfare.
line 28 (c) If, as a result of the division’s response to a hazardous
line 29 material release or similar occurrence at a petroleum refinery,
line 30 the division is required to make extraordinary expenditures,
line 31 including, but not limited to, transportation, meals, lodging,
line 32 overtime, or other costs, the director shall recoup the full costs of
line 33 such expenditures from the owner of the refinery by adding the
line 34 amount expended to the next year’s assessment for that facility.
line 35 The director shall provide the owner of the refinery with an
line 36 accounting of the costs for which reimbursement is being sought.
line 37 (d) In the event the funds collected pursuant to this section are
line 38 not fully expended by the department in carrying out its duties
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line 1 pursuant to this part, the balance shall be carried forward and
line 2 may, in the department’s discretion, be credited against the
line 3 subsequent year’s assessment or held in reserve as a contingency
line 4 fund for expenditures required by an emergency response to a
line 5 hazardous material release or other emergency situation.
line 6 SEC. 2. Section 7872 is added to the Labor Code, to read:
line 7 7872. (a) For the purposes of this section, “turnaround” means
line 8 a planned, periodic shutdown, total or partial, of a refinery process
line 9 unit or plant to perform maintenance, overhaul, and repair
line 10 operations and to inspect, test, and replace process materials and
line 11 equipment. “Turnaround” does not include unplanned shutdowns
line 12 that occur due to emergencies or other unexpected maintenance
line 13 matters in a process unit or plant. “Turnaround” also does not
line 14 include routine maintenance, where routine maintenance consists
line 15 of regular, periodic maintenance on one or more pieces of
line 16 equipment at a refinery process unit or plant that may require
line 17 shutdown of such equipment.
line 18 (b) Every September 15, every petroleum refinery employer
line 19 shall submit to the division a full schedule of planned turnarounds
line 20 for the various units for the following calendar year.
line 21 (c) At the request of the division, at least 60 days prior to the
line 22 shutdown of a process unit or plant as part of a planned turnaround,
line 23 a petroleum refinery employer shall provide access on site and
line 24 allow the division to review and receive copies of, or, at the
line 25 division’s discretion, submit in physical format or in electronic
line 26 format if available electronically, the following documentation for
line 27 the process unit or plant scheduled to be shut down for that
line 28 turnaround:
line 29 (1) Corrosion reports and risk-based inspection reports generated
line 30 since the last turnaround.
line 31 (2) Process Hazard Analyses generated since the last turnaround.
line 32 (3) Boiler permit schedules.
line 33 (4) All management of change records related to repairs, design
line 34 modifications, and process changes implemented since the last
line 35 turnaround or scheduled to be completed in the planned turnaround
line 36 referenced in this subdivision and identified in subdivision (b).
line 37 (5) Work orders scheduled to be completed in the planned
line 38 turnaround referenced in this subdivision and identified in
line 39 subdivision (b).
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Page 29 of 84
line 1 (6) Temporary repairs since the last turnaround, including, but
line 2 not limited to, clamps and encapsulations. For the purposes of this
line 3 section, “temporary repairs” shall be defined as repairs made to
line 4 piping systems in order to restore sufficient integrity to continue
line 5 safe operation until permanent repairs can be scheduled.
line 6 (d) The division may request additional information as necessary
line 7 to perform its responsibilities in this part pursuant to Section 6314.
line 8 (e) At the request of the division, at least 30 days prior to the
line 9 shutdown of a process unit or plant as part of a planned turnaround,
line 10 a petroleum refinery employer shall provide access on site and
line 11 allow the division to review and receive copies of, or, at the
line 12 division’s discretion, submit in physical format or in electronic
line 13 format if available electronically, notification and description of
line 14 any changes to the information or documents provided pursuant
line 15 to subdivision (c) and relevant supporting documents.
line 16 (f) By agreement with a petroleum refinery employer, the
line 17 division may modify the reporting period as to any individual item
line 18 of information.
line 19 (g) This section is not intended to limit or increase the division’s
line 20 authority in Part 1 (commencing with Section 6300) to prohibit
line 21 use of a place of employment, machine, device, apparatus, or
line 22 equipment or any part thereof that constitutes an imminent hazard
line 23 to employees.
line 24 (h) The division shall develop an electronic information
line 25 management system to facilitate monitoring of petroleum refineries
line 26 pursuant to this section.
line 27 (i) The Legislature finds and declares the purpose of this section
line 28 is to improve the ability of the state to conduct inspections of
line 29 petroleum refining operations.
line 30 SEC. 3. Section 7873 is added to the Labor Code, to read:
line 31 7873. (a) Any person providing information pursuant to
line 32 Section 7872 may, at the time of submission, identify all or a
line 33 portion of the information submitted to the division as a trade
line 34 secret and, to the extent feasible, segregate records designated as
line 35 a trade secret from the other records. Information that is so
line 36 identified at the time of submission shall not be released to any
line 37 member of the public, except that such information may be
line 38 disclosed to other officers or employees of the division concerned
line 39 with carrying out the purposes of the division or when relevant in
line 40 any proceeding of the division. This section does not prohibit the
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line 1 exchange of properly designated trade secrets between public
line 2 agencies when those trade secrets are relevant and necessary to
line 3 the exercise of their jurisdiction if the public agencies exchanging
line 4 those trade secrets preserve the protections afforded that
line 5 information by this section. For purposes of this section, “public
line 6 agency” has the same meaning as that term is defined in Section
line 7 6252 of the Government Code.
line 8 (b) Any information not identified as a trade secret shall be
line 9 available to the public unless exempted from disclosure by other
line 10 provisions of law. The fact that information is claimed to be a trade
line 11 secret is public information. Upon receipt of a request for the
line 12 release of information that has been claimed to be a trade secret,
line 13 the division shall immediately provide written notice to the person
line 14 who submitted the information. Within 10 days from receipt of
line 15 the notice of the request for the release of the information claimed
line 16 to be a trade secret, the person claiming trade secrecy shall submit
line 17 to the division the legal and factual basis for the claim of trade
line 18 secrecy.
line 19 (c) Within 75 days after receiving the request for disclosure,
line 20 but not before 30 days following the later of (1) the notification
line 21 of the person who submitted the information or (2) the division’s
line 22 receipt of the basis for the claim of trade secrecy submitted
line 23 pursuant to subdivision (b), the division shall determine whether
line 24 or not the information claimed to be a trade secret is to be released
line 25 to the public. If the division decides to make the information public,
line 26 it shall provide the person who submitted the information 21 days’
line 27 notice prior to public disclosure of the information.
line 28 (d) If the person requesting the release of the information or the
line 29 person who submitted the information institutes proceeding for
line 30 injunctive or declaratory relief or a writ of mandate to order or
line 31 prohibit disclosure of trade secret information, the person
line 32 instituting the proceeding shall name the other person as a real
line 33 party in interest. Each party shall bear its own costs and attorney’s
line 34 fees.
line 35 (e) For the purposes of this section, “trade secret” means any
line 36 trade secret as defined in subdivision (d) of Section 3426.1 of the
line 37 Civil Code, any trade secret as defined in subdivision (d) of Section
line 38 6254.7 of the Government Code, and any other information
line 39 regarding the scheduling, duration, and type of work to be
line 40 performed during a turnaround that may provide economic value
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Page 31 of 84
line 1 to any person other than the petroleum refinery employer, including
line 2 the schedule submitted to the division pursuant to subdivision (b)
line 3 of Section 7872. Upon completion of a turnaround, the dates on
line 4 which that turnaround was conducted shall no longer be considered
line 5 a trade secret.
line 6 SEC. 4. No reimbursement is required by this act pursuant to
line 7 Section 6 of Article XIIIB of the California Constitution because
line 8 the only costs that may be incurred by a local agency or school
line 9 district will be incurred because this act creates a new crime or
line 10 infraction, eliminates a crime or infraction, or changes the penalty
line 11 for a crime or infraction, within the meaning of Section 17556 of
line 12 the Government Code, or changes the definition of a crime within
line 13 the meaning of Section 6 of Article XIIIB of the California
line 14 Constitution.
line 15 SEC. 5. The Legislature finds and declares that Section 3 of
line 16 this act, which adds Section 7873 to the Labor Code, imposes a
line 17 limitation on the public’s right of access to the meetings of public
line 18 bodies or the writings of public officials and agencies within the
line 19 meaning of Section 3 of Article I of the California Constitution.
line 20 Pursuant to that constitutional provision, the Legislature makes
line 21 the following findings to demonstrate the interest protected by this
line 22 limitation and the need for protecting that interest:
line 23 The limitation upon the disclosure of information identified by
line 24 refineries as trade secrets is necessary to protect proprietary
line 25 business information of those refineries.
O
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SB 1300— 7 — Page 32 of 84
Sample Support Letter – Senate Bill 1300
Please send a support letter – On your letter head
Send by email viviana.becerra@sen.ca.gov or Fax (916) 327-1997
Date ____
Honorable Loni Hancock (D-09)
California State Senate
State Capitol, Room 2082
Sacramento, CA 95814
Re: Senate Bill 1300(Support)
Dear Senator Hancock,
[Name of Your Organization] is writing in support of Senate Bill 1300 (Hancock) that requires
refineries to annually report their schedule for “turnarounds” to the Division of Occupational Safety and
Health (Cal/OSHA) on September 15. It would also require them to provide Cal/OSHA, upon their
request, with access on site and documentation on refinery safety and infrastructure.
Under existing law, neither the state nor local government is required to be informed by an oil refinery
when it is going to perform a “turnaround.” A “turnaround” is a partial or total shutdown of any unit of an
oil refinery for certain purposes including maintenance, repair, or inspection.
According to the American Petroleum Institute (API), “turnarounds” are a necessary part of refinery
operations. They can last anywhere from one week to four. They are usually scheduled at least one or two
years in advance. The API admits that “refinery incidents are more likely to occur” during turnarounds
than during normal operations.”
Despite the obvious importance of “turnarounds” to, Cal/OSHA is often unaware of when one will occur
at an oil refinery. This prevents Cal/OSHA from preparing for a possible incident during a scheduled
refinery “turnaround.” It also means Cal/OSHA inspectors are left unaware when the last “turnaround”
was done while preparing for and performing inspection of refinery facilities.
This is not an abstract concern. Chevron Corp. did not inspect several sections of piping of its Richmond
refinery during a November 2011 “turnaround.” One of the sections had thinned in thickness by 80
percent, which contributed to the August 6, 2012 fire at the facility, one of the worst of such incidents in
recent years, which led to the hospitalization of 15,000 Richmond residents.
Had Cal/OSHA known that Chevron had not inspected that section of piping during its last “turnaround,”
it is possible that Cal/OSHA inspectors could have done their own inspection. Doing so could have
prevented an incident that threatened public health, affected the environment, and imposed severe
financial costs upon Chevron
SB 1300 simply requires annual reports of scheduled turnarounds.
Optional: Include sentences about why this is important to your organization.
Sincerely,
Page 33 of 84
LEGISLATION COMMITTEE 5.
Meeting Date:04/03/2014
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2014-10
Referral Name: State Legislation
Presenter: Lara DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
This bill was referred to the Legislation Committee by the County's Finance Director.
Referral Update:
Summary: Existing law, the Myers-Milias-Brown Act, contains provisions that govern collective bargaining of
local public employee organizations, and requires the Public Employment Relations Board to, among other things,
determine in disputed cases whether a particular item is within or without the scope of representation.
Existing law requires the governing body of a local public agency, or those boards, commissions, administrative
officers, or other representatives as may be properly designated by law or by a governing body, to meet and confer
in good faith regarding wages, hours, and other terms and conditions of employment with representatives of
recognized employee organizations.
Existing law authorizes an employee organization to request that the parties' differences be submitted to a
factfinding panel not sooner than 30 days or more than 45 days following the appointment or selection of a
mediator pursuant to the parties' agreement to mediate or a mediation process required by a public agency's local
rules.
Existing law authorizes an employee organization, if the dispute was not submitted to a mediation, to request that
the parties' differences be submitted to a factfinding panel not later than 30 days following the date that either party
provided the other with a written notice of a declaration of impasse.
Existing law requires the Public Employment Relations Board to select a chairperson of the factfinding panel
within a specified period of time.
SB 979 would provide that differences under these provisions include those differences that arise from any dispute
over any matter within the scope of representation as to which an obligation to meet and confer exists and are not
limited to negotiations after impasse after collective bargaining for a new or successor memorandum of
understanding.
In short, SB 979 was converted to a bill that would require fact-finding for all matters within the
scope of representation, not just MOU bargaining. This is of great concern to management staff.
CSAC has a "watch" position listed on this bill, as does the League of California Cities.
Page 34 of 84
Current Status: 03/19/2014: Re-referred to SENATE Committee on PUBLIC EMPLOYMENT AND
RETIREMENT
Recommendation(s)/Next Step(s):
CONSIDER recommending a position of "oppose" on SB 979, as amended, (Beall): Local public
employee organizations: differences: factfinding panel, to the Board of Supervisors, as
recommended by the County Finance Director.
Attachments
SB 979 Bill Text
Page 35 of 84
AMENDED IN SENATE MARCH 17, 2014
SENATE BILL No. 979
Introduced by Senator Beall
(Coauthor: Senator Torres)
February 11, 2014
An act to amend Section 256 of the Welfare and Institutions Code,
relating to juveniles. An act to amend Section 3505.4 of the Government
Code, relating to local public employee organizations.
legislative counsel’s digest
SB 979, as amended, Beall. Juveniles: juvenile hearing officers. Local
public employee organizations: differences: factfinding panel.
Existing law, the Myers-Milias-Brown Act, contains provisions that
govern collective bargaining of local public employee organizations,
and requires the Public Employment Relations Board to, among other
things, determine in disputed cases whether a particular item is within
or without the scope of representation. Existing law requires the
governing body of a local public agency, or those boards, commissions,
administrative officers, or other representatives as may be properly
designated by law or by a governing body, to meet and confer in good
faith regarding wages, hours, and other terms and conditions of
employment with representatives of recognized employee organizations.
Existing law authorizes an employee organization to request that the
parties’ differences be submitted to a factfinding panel not sooner than
30 days or more than 45 days following the appointment or selection
of a mediator pursuant to the parties’ agreement to mediate or a
mediation process required by a public agency’s local rules. Existing
law authorizes an employee organization, if the dispute was not
submitted to a mediation, to request that the parties’ differences be
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Page 36 of 84
submitted to a factfinding panel not later than 30 days following the
date that either party provided the other with a written notice of a
declaration of impasse. Existing law requires the Public Employment
Relations Board to select a chairperson of the factfinding panel within
a specified period of time.
This bill would provide that differences under these provisions include
those differences that arise from any dispute over any matter within the
scope of representation as to which an obligation to meet and confer
exists and are not limited to negotiations after impasse after collective
bargaining for a new or successor memorandum of understanding.
Existing law allows a juvenile hearing officer to hear and dispose of
any case in which a minor is alleged to have committed any one of
specified misdemeanors or infractions.
This bill would make a technical, nonsubstantive change to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 3505.4 of the Government Code is
line 2 amended to read:
line 3 3505.4. (a) (1) The employee organization may request that
line 4 the parties’ differences be submitted to a factfinding panel not
line 5 sooner than 30 days, but not more than 45 days, following the
line 6 appointment or selection of a mediator pursuant to the parties’
line 7 agreement to mediate or a mediation process required by a public
line 8 agency’s local rules. If the dispute was not submitted to mediation,
line 9 an employee organization may request that the parties’ differences
line 10 be submitted to a factfinding panel not later than 30 days following
line 11 the date that either party provided the other with a written notice
line 12 of a declaration of impasse. Within five days after receipt of the
line 13 written request, each party shall select a person to serve as its
line 14 member of the factfinding panel. The Public Employment Relations
line 15 Board shall, within five days after the selection of panel members
line 16 by the parties, select a chairperson of the factfinding panel.
line 17 (2) For the purposes of paragraph (1), differences between the
line 18 parties that are subject to a request by the employee organization
line 19 for submission to a factfinding panel may include differences that
line 20 arise from any dispute over any matter within the scope of
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— 2 —SB 979
Page 37 of 84
line 1 representation as to which an obligation to meet and confer exists
line 2 under Section 3505 and are not limited to negotiations after
line 3 impasse after collective bargaining for a new or successor
line 4 memorandum of understanding.
line 5 (b) Within five days after the board selects a chairperson of the
line 6 factfinding panel, the parties may mutually agree upon a person
line 7 to serve as chairperson in lieu of the person selected by the board.
line 8 (c) The panel shall, within 10 days after its appointment, meet
line 9 with the parties or their representatives, either jointly or separately,
line 10 and may make inquiries and investigations, hold hearings, and
line 11 take any other steps it deems appropriate. For the purpose of the
line 12 hearings, investigations, and inquiries, the panel shall have the
line 13 power to issue subpoenas requiring the attendance and testimony
line 14 of witnesses and the production of evidence. Any state agency, as
line 15 defined in Section 11000, the California State University, or any
line 16 political subdivision of the state, including any board of education,
line 17 shall furnish the panel, upon its request, with all records, papers,
line 18 and information in their possession relating to any matter under
line 19 investigation by or in issue before the panel.
line 20 (d) In arriving at their findings and recommendations, the
line 21 factfinders shall consider, weigh, and be guided by all the following
line 22 criteria:
line 23 (1) State and federal laws that are applicable to the employer.
line 24 (2) Local rules, regulations, or ordinances.
line 25 (3) Stipulations of the parties.
line 26 (4) The interests and welfare of the public and the financial
line 27 ability of the public agency.
line 28 (5) Comparison of the wages, hours, and conditions of
line 29 employment of the employees involved in the factfinding
line 30 proceeding with the wages, hours, and conditions of employment
line 31 of other employees performing similar services in comparable
line 32 public agencies.
line 33 (6) The consumer price index for goods and services, commonly
line 34 known as the cost of living.
line 35 (7) The overall compensation presently received by the
line 36 employees, including direct wage compensation, vacations,
line 37 holidays, and other excused time, insurance and pensions, medical
line 38 and hospitalization benefits, the continuity and stability of
line 39 employment, and all other benefits received.
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SB 979— 3 — Page 38 of 84
line 1 (8) Any other facts, not confined to those specified in paragraphs
line 2 (1) to (7), inclusive, which are normally or traditionally taken into
line 3 consideration in making the findings and recommendations.
line 4 (e) The procedural right of an employee organization to request
line 5 a factfinding panel cannot be expressly or voluntarily waived.
line 6 SECTION 1. Section 256 of the Welfare and Institutions Code
line 7 is amended to read:
line 8 256. Subject to the orders of the juvenile court, a juvenile
line 9 hearing officer may hear and dispose of any case in which a minor
line 10 under 18 years of age as of the date of the alleged offense is
line 11 charged with (1) any violation of the Vehicle Code, except Section
line 12 23136, 23140, 23152, or 23153 of that code, not declared to be a
line 13 felony, (2) a violation of subdivision (m) of Section 602 of the
line 14 Penal Code, (3) a violation of the Fish and Game Code not declared
line 15 to be a felony, (4) a violation of any of the equipment provisions
line 16 of the Harbors and Navigation Code or the vessel registration
line 17 provisions of the Vehicle Code, (5) a violation of any state or local
line 18 law relating to traffic offenses, loitering or curfew, or evasion of
line 19 fares on a public transportation system, as defined by Section
line 20 99211 of the Public Utilities Code, (6) a violation of Section 27176
line 21 of the Streets and Highways Code, (7) a violation of Section 640
line 22 or 640a of the Penal Code, (8) a violation of the rules and
line 23 regulations established pursuant to Sections 5003 and 5008 of the
line 24 Public Resources Code, (9) a violation of Section 33211.6 of the
line 25 Public Resources Code, (10) a violation of Section 25658, 25658.5,
line 26 25661, or 25662 of the Business and Professions Code, (11) a
line 27 violation of subdivision (f) of Section 647 of the Penal Code, (12)
line 28 a misdemeanor violation of Section 594 of the Penal Code,
line 29 involving defacing property with paint or any other liquid, (13) a
line 30 violation of subdivision (b), (d), or (e) of Section 594.1 of the
line 31 Penal Code, (14) a violation of subdivision (b) of Section 11357
line 32 of the Health and Safety Code, (15) any infraction, or (16) any
line 33 misdemeanor for which the minor is cited to appear by a probation
line 34 officer pursuant to subdivision (f) of Section 660.5.
O
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LEGISLATION COMMITTEE 6.
Meeting Date:04/03/2014
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2014-11
Referral Name: State Legislation
Presenter: Lara DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
SB 837 (Steinberg) was referred to the Legislation Committee by Camilla Rand, Director of
Community Services Bureau, and requested by Sean Casey, Executive Director of First 5 Contra
Costa.
Referral Update:
Please see the attached memo from Camilla Rand, Director of the Community Services Bureau of
EHSD. She and Sean Casey, Executive Director of First 5 Contra Costa, will be attending the
meeting.
SB 837, the Kindergarten Readiness Act of 2014, would instead require each school district or charter school that
offers kindergarten to offer transitional kindergarten, and would require a child that meets specified minimum age
requirements to be admitted to transitional kindergarten.
The bill would authorize the average daily attendance of a school district to include the average daily attendance of
pupils enrolled in transitional kindergarten and would require transitional kindergarten to receive a per pupil base
grant for apportionment purposes, as specified.
The bill would require transitional kindergarten to be taught by teachers and associate teachers who meet certain
requirements, and would require transitional kindergarten to include specified elements that promote integration and
alignment with the early learning and child care system and the elementary education system.
The bill would require a school district or charter school offering transitional kindergarten to provide public notice
of the availability of transitional kindergarten and to administer transitional kindergarten, as specified.
The bill would authorize a school district or charter school administering transitional kindergarten to contract with a
public local agency or private local provider, or both, to participate in the delivery of transitional kindergarten.
The bill would require a private local provider participating in the delivery of transitional kindergarten to be
considered a public school employer, as defined, for certain purposes.
By requiring school districts and charter schools that offer kindergarten to offer transitional kindergarten, the bill
would impose a state-mandated local program.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
Page 40 of 84
to these statutory provisions.
Hearing: 04/09/2014 9:00 am, John L. Burton Hearing Room (4203)
Recommendation(s)/Next Step(s):
CONSIDER recommending a position to the Board of Supervisors or directing staff to "watch"
SB 837 (Steinberg): Schools: transitional kindergarten.
Fiscal Impact (if any):
Unknown. Camilla Rand to present information.
Attachments
SB 837 Bill Text
Staff Memo on SB 827
Page 41 of 84
1
EMPLOYMENT AND HUMAN SERVICES
CONTRA COSTA COUNTY
TO: Legislation Committee Members DATE: March 28, 2014
cc Kathy Gallagher
David Twa
FROM: Camilla Rand, Director of Community Services
SUBJECT: Memo Outlining Concerns and Unanswered Questions Regarding Senate Bill 837,
Kindergarten Readiness Act of 2014
Please see attached memo with regards to Senate Bill 837 (Steinberg). This memo, developed
in partnership with early care and education leaders throughout the state and county outlines
several issues that could impact Head Start and other essential programs in Contra Costa
County.
Recommendation:
Early care and education leaders in Contra Costa County believe that SB 837 must be revised
to affirm and build on existing programs, plans and infrastructure for providing comprehensive,
evidence-based, high quality early care and education which is developmentally appropriate for
all four-year-olds in California. Building upon existing plans and resources provides an
alternative to embedding these vital services in the K-12 service delivery system and burdening
individual school districts with developing new plans to address SB 837. We also advocate for
key stakeholder groups to be involved in planning discussions moving forward to ensure that
multiple perspectives are heard and requirements resulting from the legislation align with current
best practices in the field of early care and education.
Page 42 of 84
1
Concerns and Unanswered Questions Regarding Senate Bill 837 (Steinberg)
Kindergarten Readiness Act of 2014
This statement is in response to Senate Bill 837, current legislation expanding Transitional Kindergarten
(TK) for all four year old children in California.
While the SB 837 model provides an intriguing pathway to providing universal, high quality preschool for
all four year olds, there are concerns with some elements of the legislation. By combining two less-than-
ideal existing programs into one system with high, developmentally appropriate standards, California
would quickly change the outlook for thousands of children.
One major concern of SB 837 is that K-12 systems are not traditionally providers of early education.
Shifting the responsibility for a statewide preschool system onto local school districts that have little or
no experience in providing high-quality, developmentally appropriate early education could be risky. The
experience of transitional kindergarten up to now has been instructive; some districts have fully
embraced the early education model, others have used their kindergarten classrooms as the template.
In addition, California schools are currently going through two major reforms, “Common Core” and the
Local Control Funding Formula shift that will require significant resources to enact within local districts.
SB 837 provides for a five year phase-in, but the question remains as to how well districts will be able to
carry out another significant educational program.
In addition to these concerns, there is also question regarding the fate of the federally funded Head
Start program. Advocates for the bill have indicated that they expect school districts to carry out all
preschool education for four year olds, leaving Head Start to serve only three year olds. This goes
against the historical philosophy and intent of Head Start and would likely require a federal waiver of
some kind.
Head Start is a national program, developed in 1965 as an integral strategy in the “War on Poverty.” For
50 years, programs nationwide have been providing high quality, evidence-based early care and
education to the county’s economically disadvantaged three and four year-olds. While the intent of SB
837 is honorable, there are considerable concerns regarding the impact of this legislation, as written, on
the Head Start community in California.
Comprehensive Services: Head Start programs provide comprehensive services to children and their
families, which include health, mental health, nutrition, in-depth family support and other services
determined to be necessary by family needs assessments, in addition to education and cognitive
development services. Rooted in the belief that “it takes a village,” Head Start programs create formal
and informal partnerships with community-based programs to ensure that family strengths are built
upon and needs are met, resulting in a multi-faceted community-based approach to serving families that
meets them where they are and grows with them. The Office of Head Start Parent, Family, and
Community Engagement Framework, implemented by all Head Start Programs, serves as a roadmap to
chart progress in achieving the kinds of outcomes that lead to positive and enduring change for children
and families in this community-based effort.
Head Start also specializes in services to children with disabilities and their families, integrating these
services into the least restrictive environment by adjusting environments and curricula to meet
individualized needs. Head Start is predicated on the belief that these comprehensive services are a vital
ingredient to any school readiness program. These services are not present in SB 837, which would
mean that many of the nearly 113,000 disadvantaged children might not receive the essential
comprehensive services that are designed specifically to help them perform at par or better with their
peers living above the poverty level.
Page 43 of 84
2
Program Standards of Quality: Over 50 years of practice and research have resulted in Head Start
Performance Standards and other measures of quality such as CLASS (Classroom Assessment and
Scoring System), which ensure that developmentally appropriate practices are present in every aspect of
a model early care program. As accountability was enhanced over the years, outcome measures have
been required to illustrate that children and families are making the necessary gains as a result of the
provision of services. Child outcomes reporting based on standardized assessments and family outcomes
reporting, is based on quality of life measures that are a strong component of Head Start systems,
whereas SB 837 is silent on such measurement systems.
Head Start standards have long been lauded as the hallmark of quality and have been incorporated into
other standards such as those used by the National Association for the Education of Young Children
(NAEYC), the American Academy of Pediatrics national standards for care of children in out-of-home
settings, and California Community Care Title XXII Licensing Standards. Standards, such as these, are
absent in the proposed TK for All legislation.
Barriers to Collaboration: While the proposed legislation calls for school districts to collaborate with
existing child care entities, many of the requirements make it impossible for most providers, including
Head Start, to partner.
Teacher Qualifications and Supervision: There is question as to whether teachers in these
programs may be considered school district staff in an effort to address pay equity. It also
requires that teachers hold a bachelor’s degree (an effort currently underway for Head Start
Teachers) and an undetermined teaching credential as opposed to an early childhood specific
credential, which appropriately addresses the developmental needs of four-year olds that are
very different from those of school-aged children. Confusing the matter is language in SB 837
which says “For purposes of TK operated by a private local provider, ‘immediate supervision’
means being under the immediate supervision of an employee of the local provider who
satisfies the requirements of Section 48005.35.” This would seem to raise “exclusive control”
problems within the meaning of Section 8, Part IX, of the Constitution.
The Use of Average Daily Attendance (ADA) Funding: While SB 837 proposes to expand the
existing TK to ensure the entitlement of this grade level for all California four-year olds and tap
education’s per child funding under Proposition 98 (ADA), it also would encourage, “shared use
arrangements” with a broad array of public and private entities and allow school districts to
subcontract transitional kindergarten to a county office of education or to “a private local
provider.” This language clearly does not require the involvement of community organizations
with early care expertise nor does it ensure any method of a mixed delivery of services. Further,
there is a legal question to whether public school services can be contracted to a non-public
school, community-based provider under the Constitution.
Early care and education leaders in Contra Costa County believe that SB 837 must be revised to affirm
and build on existing programs, plans and infrastructure for providing comprehensive, evidence-based,
high quality early care and education which is developmentally appropriate for all four-year-olds in
California. Building upon existing plans and resources provides an alternative to embedding these vital
services in the K-12 service delivery system and burdening individual school districts with developing
new plans to address SB 837. We also advocate for key stakeholder groups to be involved in planning
discussions moving forward to ensure that multiple perspectives are heard and requirements resulting
from the legislation align with current best practices in the field of early care and education.
Page 44 of 84
SENATE BILL No. 837
Introduced by Senators Steinberg, Beall, Block, DeSaulnier,
Hancock, Hill, Lara, Leno, Liu, and Wolk
(Coauthor: Assembly Member Bonta)
January 6, 2014
An act to amend Sections 46300 and 48000 of, and to add Article
1.5 (commencing with Section 48005.10) to Chapter 1 of Part 27 of
Division 4 of Title 2 of, the Education Code, relating to transitional
kindergarten.
legislative counsel’s digest
SB 837, as introduced, Steinberg. Schools: transitional kindergarten.
Existing law authorizes a school district or charter school to maintain
a transitional kindergarten program, and, as a condition of receipt of
apportionments for pupils in a transitional kindergarten program,
requires the school district or charter school to comply with specified
minimum age requirements for pupils participating in the transitional
kindergarten program. Existing law also specifies that a transitional
kindergarten program shall not be construed as a new program or higher
level of service.
This bill, the Kindergarten Readiness Act of 2014, would instead
require each school district or charter school that offers kindergarten
to offer transitional kindergarten, and would require a child that meets
specified minimum age requirements to be admitted to transitional
kindergarten. The bill would authorize the average daily attendance of
a school district to include the average daily attendance of pupils
enrolled in transitional kindergarten and would require transitional
kindergarten to receive a per pupil base grant for apportionment
purposes, as specified. The bill would require transitional kindergarten
to be taught by teachers and associate teachers who meet certain
99
Page 45 of 84
requirements, and would require transitional kindergarten to include
specified elements that promote integration and alignment with the
early learning and child care system and the elementary education
system. The bill would require a school district or charter school offering
transitional kindergarten to provide public notice of the availability of
transitional kindergarten and to administer transitional kindergarten, as
specified. The bill would authorize a school district or charter school
administering transitional kindergarten to contract with a public local
agency or private local provider, or both, to participate in the delivery
of transitional kindergarten. The bill would require a private local
provider participating in the delivery of transitional kindergarten to be
considered a public school employer, as defined, for certain purposes.
By requiring school districts and charter schools that offer kindergarten
to offer transitional kindergarten, the bill would impose a state-mandated
local program.
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 these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. This act shall be known and may be cited as the
line 2 Kindergarten Readiness Act of 2014.
line 3 SEC. 2. (a) The Legislature finds and declare all of the
line 4 following:
line 5 (1) Recent reforms such as implementation of the common core
line 6 state standards and the local control funding formula establish
line 7 increased quality and greater equity in California’s public education
line 8 system.
line 9 (2) However, these reforms do not address the reality that an
line 10 achievement gap among children is present well before children
line 11 first step through the kindergarten classroom door.
line 12 (3) Recent research shows that by the age of two, low-income
line 13 children are six months behind in language development relative
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— 2 —SB 837
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line 1 to their higher income peers, and that by age five, low-income
line 2 children are more than two years behind their higher income peers
line 3 in language development.
line 4 (4) Research also shows that California children with the largest
line 5 gaps in school readiness and achievement are the least likely to
line 6 participate in any preschool and the least likely to attend
line 7 high-quality preschool programs.
line 8 (5) Only half of California’s low-income preschoolers benefit
line 9 from existing state preschool programs or federal Head Start
line 10 programs, and only one-quarter of all children are provided with
line 11 transitional kindergarten.
line 12 (6) Children who do not read proficiently by the end of third
line 13 grade are four times less likely to graduate from high school on
line 14 time.
line 15 (7) Only 48% of California’s third graders tests proficient or
line 16 better in English language arts.
line 17 (8) Nationally, more than 100 studies have shown that
line 18 high-quality preschool significantly improves a child’s school
line 19 readiness and school performance.
line 20 (9) Numerous longitudinal studies have shown that high-quality
line 21 transitional kindergarten programs decrease grade retention and
line 22 special education placements and increase high school graduation
line 23 rates, college enrollment rates, and earnings in adulthood.
line 24 High-quality transitional kindergarten programs also decrease
line 25 taxpayer costs on criminal justice and welfare.
line 26 (10) If California were to invest in high-quality preschool
line 27 programs, the savings in the prison system alone are estimated to
line 28 reach $1.1 billion per year due to reducing the prison population
line 29 by 13,000 prisoners.
line 30 (b) It is the intent of the Legislature in enacting the Kindergarten
line 31 Readiness Act of 2014 to accomplish all of the following:
line 32 (1) Make early childhood education in California a rational and
line 33 efficient system so that all of California’s four-year-old children
line 34 have access to a voluntary, high-quality transitional kindergarten
line 35 program one year before enrolling in kindergarten.
line 36 (2) More strategically use existing state and federal funds to
line 37 provide full-day, developmentally appropriate services for
line 38 four-year-old children from low-income families, and provide
line 39 high-quality early learning and care to those children who need it
line 40 the most.
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line 1 (3) Ensure that children are four years of age by September 1
line 2 in order to attend transitional kindergarten in that academic year.
line 3 (4) Ensure that parents and guardians receive timely information
line 4 from local educational agencies about the new age requirements
line 5 for enrollment in transitional kindergarten that are implemented
line 6 pursuant to this act.
line 7 SEC. 3. Section 46300 of the Education Code is amended to
line 8 read:
line 9 46300. (a) In computing average daily attendance of a school
line 10 district or county office of education, there shall be included the
line 11 attendance of pupils while engaged in educational activities
line 12 required of those pupils and under the immediate supervision and
line 13 control of an employee of the school district or county office of
line 14 education who possessed a valid certification document, registered
line 15 as required by law.
line 16 (b) (1) For purposes of a work experience education program
line 17 in a secondary school that meets the standards of the California
line 18 State Plan for Career Technical Education, “immediate
line 19 supervision,” in the context of off-campus work training stations,
line 20 means pupil participation in on-the-job training as outlined under
line 21 a training agreement, coordinated by the school district under a
line 22 state-approved plan, wherein the employer and certificated school
line 23 personnel share the responsibility for on-the-job supervision.
line 24 (2) The pupil-teacher ratio in a work experience program shall
line 25 not exceed 125 pupils per full-time equivalent certificated teacher
line 26 coordinator. This ratio may be waived by the state board pursuant
line 27 to Article 3 (commencing with Section 33050) of Chapter 1 of
line 28 Part 20 of Division 2 under criteria developed by the state board.
line 29 (3) A pupil enrolled in a work experience program shall not be
line 30 credited with more than one day of attendance per calendar day,
line 31 and shall be a full-time pupil enrolled in regular classes that meet
line 32 the requirements of Section 46141 or 46144.
line 33 (c) (1) For purposes of the rehabilitative schools, classes, or
line 34 programs described in Section 48917 that require immediate
line 35 supervision, “immediate supervision” means that the person to
line 36 whom the pupil is required to report for training, counseling,
line 37 tutoring, or other prescribed activity shares the responsibility for
line 38 the supervision of the pupils in the rehabilitative activities with
line 39 certificated personnel of the school district.
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line 1 (2) A pupil enrolled in a rehabilitative school, class, or program
line 2 shall not be credited with more than one day of attendance per
line 3 calendar day.
line 4 (d) (1) For purposes of computing the average daily attendance
line 5 of pupils engaged in the educational activities required of high
line 6 school pupils who are also enrolled in a regional occupational
line 7 center or regional occupational program, the school district shall
line 8 receive proportional average daily attendance credit for those
line 9 educational activities that are less than the minimum schoolday,
line 10 pursuant to regulations adopted by the state board; however, none
line 11 of that attendance shall be counted for purposes of computing
line 12 attendance pursuant to Section 52324.
line 13 (2) A school district shall not receive proportional average daily
line 14 attendance credit pursuant to this subdivision for a pupil in
line 15 attendance for less than 145 minutes each day.
line 16 (3) The divisor for computing proportional average daily
line 17 attendance pursuant to this subdivision is 240, except that, in the
line 18 case of a pupil excused from physical education classes pursuant
line 19 to Section 52316, the divisor is 180.
line 20 (4) Notwithstanding any other provision of law, travel time of
line 21 pupils to attend a regional occupational center or regional
line 22 occupational program shall not be used in any manner in the
line 23 computation of average daily attendance.
line 24 (e) (1) In computing the average daily attendance of a school
line 25 district, there shall also be included the attendance of pupils
line 26 participating in independent study conducted pursuant to Article
line 27 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 for
line 28 five or more consecutive schooldays.
line 29 (2) A pupil participating in independent study shall not be
line 30 credited with more than one day of attendance per calendar day.
line 31 (f) For purposes of cooperative career technical education
line 32 programs and community classrooms described in Section 52372.1,
line 33 “immediate supervision” means pupil participation in paid and
line 34 unpaid on-the-job experiences, as outlined under a training
line 35 agreement and individualized training plans wherein the supervisor
line 36 of the training site and certificated school personnel share the
line 37 responsibility for the supervision of on-the-job experiences.
line 38 (g) (1) In computing the average daily attendance of a school
line 39 district, there shall be included the attendance of pupils in
line 40 kindergarten after they have completed one school year in
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line 1 kindergarten or pupils in a transitional kindergarten program after
line 2 they have completed one year in that program if one of the
line 3 following conditions is met: transitional kindergarten and
line 4 kindergarten.
line 5 (A) The school district has on file for each of those pupils an
line 6 agreement made pursuant to Section 48011, approved in form and
line 7 content by the department and signed by the pupil’s parent or
line 8 guardian, that the pupil may continue in kindergarten for not more
line 9 than one additional school year.
line 10 (B) The pupils participated in a transitional kindergarten
line 11 program pursuant to subdivision (c) of Section 48000.
line 12 (2) A school district may not include for apportionment purposes
line 13 the attendance of any pupil for more than two years in kindergarten
line 14 or for more than two years in a combination of transitional
line 15 kindergarten and kindergarten.
line 16 (3) For purposes of transitional kindergarten operated by a
line 17 private local provider pursuant to paragraph (2) of subdivision
line 18 (a) of Section 48005.20, “immediate supervision” means being
line 19 under the immediate supervision of an employee of the private
line 20 local provider who satisfies the requirements of Section 48005.35.
line 21 SEC. 4. Section 48000 of the Education Code is amended to
line 22 read:
line 23 48000. (a) A child shall be admitted to a kindergarten
line 24 maintained by the school district at the beginning of a school year,
line 25 or at a later time in the same year, if the child will have his or her
line 26 fifth birthday on or before one of the following dates:
line 27 (1) December 2 of the 2011–12 school year.
line 28 (2) November 1 of the 2012–13 school year.
line 29 (3) October 1 of the 2013–14 school year.
line 30 (4) September 1 of the 2014–15 school year and each school
line 31 year thereafter.
line 32 (b) A child shall be admitted to a transitional kindergarten
line 33 maintained by the school district at the beginning of a school year,
line 34 or at a later time in the same year, if the child will have his or her
line 35 fifth birthday between the following dates:
line 36 (1) September 2, 2015, to February 1, 2016, inclusive, for the
line 37 2015–16 school year.
line 38 (2) September 2, 2016, to April 1, 2017, inclusive, for the
line 39 2016–17 school year.
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line 1 (3) September 2, 2017, to June 1, 2018, inclusive, for the
line 2 2017–18 school year.
line 3 (4) September 2, 2018, to August 2, 2019, inclusive, for the
line 4 2018–19 school year.
line 5 (c) A child shall be admitted to a transitional kindergarten
line 6 maintained by the school district at the beginning of a school year,
line 7 or at a later time in the same year, if the child will have his or her
line 8 fourth birthday on or before September 1 of the 2019–20 school
line 9 year and each school year thereafter.
line 10 (b)
line 11 (d) The governing board of a school district maintaining one or
line 12 more kindergartens may, on a case-by-case basis, admit to a
line 13 kindergarten a child having attained the age of five years at any
line 14 time during the school year with the approval of the parent or
line 15 guardian, subject to the following conditions:
line 16 (1) The governing board of the school district determines that
line 17 the admittance is in the best interests of the child.
line 18 (2) The parent or guardian is given information regarding the
line 19 advantages and disadvantages and any other explanatory
line 20 information about the effect of this early admittance.
line 21 (c) As a condition of receipt of apportionment for pupils in a
line 22 transitional kindergarten program pursuant to subdivision (g) of
line 23 Section 46300, a school district or charter school shall ensure the
line 24 following:
line 25 (1) In the 2012–13 school year, a child who will have his or her
line 26 fifth birthday between November 2 and December 2 shall be
line 27 admitted to a transitional kindergarten program maintained by the
line 28 school district.
line 29 (2) In the 2013–14 school year, a child who will have his or her
line 30 fifth birthday between October 2 and December 2 shall be admitted
line 31 to a transitional kindergarten program maintained by the school
line 32 district.
line 33 (3) In the 2014–15 school year and each school year thereafter,
line 34 a child who will have his or her fifth birthday between September
line 35 2 and December 2 shall be admitted to a transitional kindergarten
line 36 program maintained by the school district.
line 37 (d)
line 38 (e) For purposes of this section, “transitional kindergarten”
line 39 means the first year of a two-year kindergarten program that uses
line 40 a modified kindergarten curriculum that is age and developmentally
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line 1 appropriate. a school-year long kindergarten readiness grade level
line 2 that is age and developmentally appropriate for a child who will
line 3 be four years old before September 1 of the year in which he or
line 4 she enrolls in transitional kindergarten.
line 5 (e) A transitional kindergarten shall not be construed as a new
line 6 program or higher level of service.
line 7 SEC. 5. Article 1.5 (commencing with Section 48005.10) is
line 8 added to Chapter 1 of Part 27 of Division 4 of Title 2 of the
line 9 Education Code, to read:
line 10
line 11 Article 1.5. Kindergarten Readiness Act of 2014
line 12
line 13 48005.10. Transitional kindergarten is hereby established to
line 14 do all of the following:
line 15 (a) Support all children in developing the skills necessary for
line 16 success in school and life. These skills shall include, but are not
line 17 limited to, all of the following:
line 18 (1) Cognitive skills such as language, early literacy, and
line 19 numeracy.
line 20 (2) Social-emotional skills such as perseverance, self-control,
line 21 self-esteem, motivation, and conscientiousness.
line 22 (3) Physical skills such as gross and fine motor development,
line 23 and healthy eating habits.
line 24 (b) Be age and developmentally appropriate.
line 25 (c) Build on high-quality early learning and child care programs,
line 26 including federal Head Start programs, to sustain the gains that
line 27 children achieve attending those programs.
line 28 48005.15. (a) A school district or charter school that offers
line 29 kindergarten shall make transitional kindergarten available to all
line 30 eligible children and shall allow, to the greatest extent possible, a
line 31 parent of an eligible child to choose the transitional kindergarten
line 32 that the eligible child attends.
line 33 (b) On or before July 1, 2015, each county superintendent of
line 34 schools shall conduct a review of the level of access to transitional
line 35 kindergarten, state preschool, and Head Start provided to eligible
line 36 children within the county. The review shall include, but is not
line 37 limited to, a description of the plans of the school districts and
line 38 charter schools in the county that offer kindergarten, to make
line 39 transitional kindergarten available to all eligible children by the
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line 1 2019–20 school year. The county superintendent of schools shall
line 2 post the results of the review on its Internet Web site.
line 3 (c) To encourage the efficient use of existing facilities,
line 4 transitional kindergarten may be operated using available classroom
line 5 space at a public schoolsite meeting kindergarten classroom
line 6 requirements, or at any public or private facility that has a child
line 7 care license for age-eligible children, as defined in Division 12 of
line 8 Title 22 of the California Code of Regulations.
line 9 (d) Federal funding for preschool programs, and state funding
line 10 annually appropriated in the Budget Act for the support of state
line 11 preschool programs, shall be used to provide services for eligible
line 12 three-, four-, and five-year-old children, including augmenting
line 13 transitional kindergarten to provide full-day learning and child
line 14 care services for participants.
line 15 (e) Transitional kindergarten funds shall supplement, and not
line 16 supplant, federal and state funding for existing child care and
line 17 development programs.
line 18 48005.20. (a) A school district or charter school offering
line 19 transitional kindergarten shall do both of the following:
line 20 (1) Provide public notice of the availability of transitional
line 21 kindergarten using a variety of strategies to reach and inform
line 22 families living in areas of poverty or high linguistic diversity,
line 23 including, but not limited to, providing information through
line 24 schoolsite councils, school advisory groups, community
line 25 organizations, and parent meetings.
line 26 (2) Administer the program for participating children. A school
line 27 district or charter school administering transitional kindergarten
line 28 may contract with a public local agency, including, but not limited
line 29 to, a county office of education, or a private local provider, or both,
line 30 to participate in the delivery of transitional kindergarten consistent
line 31 with the statutory requirements of transitional kindergarten.
line 32 (b) (1) It is the intent of the Legislature that a school district or
line 33 charter school offering transitional kindergarten provide
line 34 high-quality professional development aligned to transitional
line 35 kindergarten standards adopted by the state board and designed to
line 36 improve child learning and development. It is further the intent of
line 37 the Legislature that professional development for transitional
line 38 kindergarten teachers and associate teachers supports both of the
line 39 following:
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line 1 (A) Teacher-child interactions that promote child engagement
line 2 and learning.
line 3 (B) The use of child-level and class-level data to inform
line 4 instructional strategies.
line 5 (2) Professional development for transitional kindergarten
line 6 teachers and associate teachers shall be aligned with the
line 7 professional development provided to teachers and administrative
line 8 staff in kindergarten and grades 1 to 3, inclusive.
line 9 48005.25. Transitional kindergarten shall include all of the
line 10 following elements to promote integration and alignment with the
line 11 early learning and child care system and the elementary education
line 12 system:
line 13 (a) Until statewide transitional kindergarten standards are
line 14 adopted, use of the research-based age and developmentally
line 15 appropriate preschool learning foundations of the department for
line 16 all eight early childhood domains and the kindergarten education
line 17 content standards that are aligned with elementary education
line 18 standards.
line 19 (b) Use and implementation of curriculum frameworks,
line 20 instructional materials, and diagnostic assessment tools that are
line 21 aligned with the California Preschool Learning Foundations and
line 22 the kindergarten education content standards.
line 23 (c) Inclusion in the single school plan for pupil achievement
line 24 and the local control and accountability plan.
line 25 (d) Participation in the California Longitudinal Pupil
line 26 Achievement Data System and the California School Information
line 27 Services.
line 28 (e) Coordination with other providers of services to young
line 29 children, including, but not limited to, providers of health
line 30 insurance, health services, including mental and behavioral health,
line 31 developmental screening and assessment, parent literacy and
line 32 education, and social services, especially through systems of care
line 33 provided by First 5 California programs, preschool, and school
line 34 health services and clinics.
line 35 (f) Coordination of services with full-day, full-year early
line 36 learning and child care programs.
line 37 48005.30. (a) On or before July 1, 2015, the Superintendent
line 38 shall develop, and the state board shall adopt, the regulations
line 39 necessary to implement this article and transitional kindergarten
line 40 and shall incorporate existing regulations and guidelines, as
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line 1 appropriate. The state board may adopt emergency regulations for
line 2 purposes of this subdivision, and the adoption of emergency
line 3 regulations by the state board pursuant to this subdivision shall be
line 4 deemed necessary for the immediate preservation of the public
line 5 peace, health and safety, or general welfare.
line 6 (b) On or before July 1, 2016, the Superintendent shall develop,
line 7 and the state board shall adopt, transitional kindergarten standards,
line 8 curriculum frameworks, and instructional materials that include,
line 9 but are not limited to, social-emotional development, English
line 10 language arts, English language development, mathematics, and
line 11 science, that are based on the California Preschool Learning
line 12 Foundations and aligned to kindergarten education content
line 13 standards.
line 14 (c) On or before January 31, 2017, the state board shall revise
line 15 the local control and accountability plan template, adopted pursuant
line 16 to Section 52064, to include any changes necessary to reflect the
line 17 provision of high-quality transitional kindergarten to all eligible
line 18 children.
line 19 48005.35. (a) On or before July 1, 2015, all transitional
line 20 kindergarten classes shall be taught by a teacher who holds, at a
line 21 minimum, an associate degree, and has a professional development
line 22 plan that provides for a baccalaureate degree with at least 24 units
line 23 in early childhood education and a teaching credential by July 1,
line 24 2019.
line 25 (b) On or before July 1, 2019, all transitional kindergarten
line 26 classes shall be taught by a teacher who holds a baccalaureate
line 27 degree with at least 24 units in early childhood education and a
line 28 teaching credential.
line 29 (c) On or before July 1, 2015, all transitional kindergarten
line 30 associate teachers shall have, at a minimum, 24 units in early
line 31 childhood education, and a professional development plan that
line 32 provides for an associate degree by July 1, 2019.
line 33 (d) On or before July 1, 2019, all transitional kindergarten
line 34 associate teachers shall have an associate degree with at least 24
line 35 units in early childhood education.
line 36 (e) Commencing with the 2015–16 school year, for purposes
line 37 of compensation, including salary and benefits, transitional
line 38 kindergarten teachers and associate teachers shall provide two
line 39 part-day sessions per day in order to be considered full-time
line 40 employees.
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line 1 (f) On or before July 1, 2015, the Superintendent, in
line 2 collaboration with the Commission on Teacher Credentialing, the
line 3 public postsecondary education system, including the California
line 4 Community Colleges, and private postsecondary institutions, shall
line 5 establish a workforce development plan for transitional
line 6 kindergarten teachers and associate teachers that provides for
line 7 adequate opportunities for existing early childhood educators to
line 8 obtain the necessary transitional kindergarten qualifications by
line 9 July 1, 2019.
line 10 (g) Commencing with the 2015–16 school year, transitional
line 11 kindergarten shall be taught by at least one teacher and one
line 12 associate teacher, and class size shall be limited to no more than
line 13 20 children.
line 14 48005.40. (a) Transitional kindergarten shall be eligible for
line 15 school facilities funding.
line 16 (b) Funds made available to public schools for joint use facilities
line 17 may be used for transitional kindergarten.
line 18 (c) Public local agencies or private local providers, or both,
line 19 participating in the delivery of transitional kindergarten are
line 20 encouraged to seek shared use agreements with a broad array of
line 21 public and private entities.
line 22 48005.45. Commencing with the 2015–16 school year,
line 23 transitional kindergarten shall receive a per pupil base grant per
line 24 unit of average daily attendance equal to two-thirds of the annual
line 25 per pupil base grant provided for in subparagraph (A) of paragraph
line 26 (1) of subdivision (d) of Section 42238.02, as adjusted for inflation
line 27 pursuant to paragraph (2) of subdivision (d) of Section 42238.02,
line 28 plus an additional adjustment of 10.4 percent, and a supplemental
line 29 grant add-on, as computed pursuant to subdivision (e) of Section
line 30 42238.02.
line 31 48005.50. For purposes of establishing collective bargaining
line 32 rights for employees of a private local provider of transitional
line 33 kindergarten pursuant to the terms of an agreement with the
line 34 administering school district or charter school, as a condition of
line 35 the receipt of funds, the private local provider shall be considered
line 36 a public school employer, as defined in subdivision (k) of Section
line 37 3540.1 of the Government Code, and Chapter 10.7 (commencing
line 38 with Section 3540) of Division 4 of Title 1 of the Government
line 39 Code, shall apply to the private local provider.
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line 1 SEC. 6. If the Commission on State Mandates determines that
line 2 this act contains costs mandated by the state, reimbursement to
line 3 local agencies and school districts for those costs shall be made
line 4 pursuant to Part 7 (commencing with Section 17500) of Division
line 5 4 of Title 2 of the Government Code.
O
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LEGISLATION COMMITTEE 7.
Meeting Date:04/03/2014
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2014-12
Referral Name: State Legislation
Presenter: Lara DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
The Legislation Committee may wish to consider providing direction to staff on the development
of a position letter for consideration by the Board of Supervisors on the various bond measures in
consideration by the Legislature.
Referral Update:
The Legislature has fewer than 100 days to pass a new water bond bill into law so that voters will
have a bond to vote on in November. Our state has not passed a water bond since 2006, and
funding from that bond will ostensibly run out by next year. The Legislature has voted twice to
postpone a statewide vote on a 2009 water bond deal that has been deemed unpassable because it
is an $11.14 billion pork-barrel measure that was cobbled together in the dead of night in the
backrooms of the Capitol.
It’s clear that the public does not want the politics or the pork that has been the foundation of past
bond negotiations. They want a water bond that will pay for projects that can maintain and supply
clean and affordable water while protecting our coasts, rivers and watersheds. Funding for
projects should be allocated by using fair and reasonable regional criteria.
However, time is of the essence. By law, the Legislature and the governor must pass a new bond
by June 26 to replace the earmark-laden 2009 bond deal that is on the November ballot.
Stakeholders and legislators have been meeting for more than nine months on various issues that
are addressed in various Water Bond proposals.
Several water bond proposals have been proposed by legislators.
Last Tuesday, the Senate Natural Resources and Water Committee voted 7-2 to approve an
$8-billion bond measure drafted by Assemblymember Rendon to fund water quality, conservation
and water storage projects. AM Rendon agreed to some changes, but opposed the idea of having
the bond allocate funds to specific agencies including nine regional conservancies, warning such
earmarking might be seen by voters as favoring some groups. However, Sen. Fran Pavley, the
chairwoman of the panel, said allocating the money to specific agencies will make the program
Page 58 of 84
more effective and the bill was changed to include the allocation to specific agencies.
Senator Lois Wolk has expressed concerns that leaving the allocation of much of the money up to
the governor's administration could result in some of it going to support Governor Brown's
controversial tunnels project to divert water from the Sacramento-San Joaquin River Delta.
Senator Wolk's bill, which has been supported by Contra Costa County, SB 848, would provide a
$6.825-billion bond measure, including funds earmarked for nine conservancy agencies. There are
major differences between the Rendon and Wolk measures. Rendon’s would provide $2.5 billion
for water storage projects to be allocated by the state. Wolk is proposing $1.025 billion for water
storage. Senator Anthony Cannella has his own, $9.2-billion bond measure proposal, and opposed
Rendon's bill, saying it does not provide enough money for water storage.Both bills have
additional committee hearings scheduled, and negotiations will continue.
Recent polling information suggests that the public support for a water bond is increasing as
drought concerns grow. Voters are far more likely to approve a water bond on the November
ballot if lawmakers shrink its size, according to a new
survey<http://www.ppic.org/main/publication.asp?i=1091> that also found nine out of every 10
Californians say they have taken steps to conserve as the drought drags on. U-T San Diego
article<http://www.utsandiego.com/news/2014/mar/26/poll-ppic-water-brown-marijuana-rail/>; Capital Public
radio report<http://www.capradio.org/20812>;PPIC
report<http://www.ppic.org/content/pubs/survey/S_314MBS.pdf>
Recommendation(s)/Next Step(s):
CONSIDER providing direction to staff on developing a position for Board of Supervisors'
consideration regarding the various Water Bond proposals in development at the Legislature.
Attachments
No file(s) attached.
Page 59 of 84
LEGISLATION COMMITTEE 8.
Meeting Date:04/03/2014
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2014-13
Referral Name: Support for Delta Conservancy Funding
Presenter: Lara DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
Campbell Ingram, the Executive Officer of Sacramento-San Joaquin Delta Conservancy,
requested on February 27, 2014 assistance from the Board of Supervisors and the Delta Counties
Coalition with securing funding for the Conservancy through the FY 14/15 budget process.
Referral Update:
The Delta Conservancy was created by the Delta Reform Act of 2009. Funding to meet the
Conservancy’s legislative mandates was anticipated to come from the passage of the Safe, Clean,
Reliable Drinking Water Supply Act of 2010 that has now twice been delayed.
As a result, the State’s commitment to the Delta through creation of the Conservancy has gone
unfunded for over three years. In the absence of project funding, the Conservancy has done a
tremendous job of helping to develop the partnerships, coordination, and accountability that will
be necessary for successful engagement in the Delta. We can no longer wait for a bond to pass! If
a water bond passes in November of 2014, funding will not be available to the Conservancy until
July of 2015. We should not go another 12 or more months without minimal bridge funding for
the Conservancy.
We have been asked to urge the Budget Subcommittee to ensure that a minimum of
$6,000,000.00 be included in the FY 14/15 budget for the Conservancy so that it can continue to
do the important work that we all believe is foundational to the future viability of the Delta and all
its many services to the State.
The attached list of funding priorities identifies 7 projects that would move forward in FY 14/15.
Recommendation(s)/Next Step(s):
CONSIDER recommending a letter of support from the Board of Supervisors for the Delta
Conservancy funding in the amount of $6M for FY 14-15, as recommended by staff.
Page 60 of 84
Attachments
Conservancy Priority Needs
Page 61 of 84
Delta Conservancy Funding Needs for FY14/15
The following is a list of priority funding needs for the Delta Conservancy to continue our efforts
to establish a State partnership with the Delta community that will be critical for future
implementation of the Delta Plan, ongoing efforts to implement the RPA’s in the Biological
Opinions for Delta smelt and salmon, and the Bay Delta Conservation Plan should it be
approved. Total request: up to $2,950,000.
1. Delta Agricultural Analysis
a. Background: A onetime project to conduct analysis of agricultural baseline,
current and future trends and infrastructure needs to ensure strategic investment to
maintain agricultural viability in the Delta (example – Rural Urban Connections
Strategy model).
b. Funding Request: $500,000. (onetime expenditure)
c. Justification: This type of analysis demonstrates the State’s interest in
understanding the relationships between potential impacts of ongoing planning
efforts and how best to invest to maintain viability of Delta agriculture.
2. Development of Delta Community Plans and Implementation of Priority Projects
a. Background: In cooperation with the Delta Protection Commission the
Conservancy would prepare plans for legacy communities that emphasize their
distinctive character, encourage historic preservation, identify opportunities to
encourage tourism, encourage partnerships to support recreation, or develop other
appropriate uses, and reduce flood risks.
b. Funding Request: $1,500,000. $500,000 (onetime expenditure) for development
of plans and $1,000,000 for implementation of high priority projects to be
identified in the plans.
c. Justification: This effort is required to establish the relationships and partnerships
that will be necessary to implement the Delta Plan and the BDCP if it moves
forward.
3. Delta Dialogues
a. Background: The Delta Dialogue is an effective interest based discussion with
leaders from all interests groups in the Delta. This discussion is not happening
anywhere else in the system and allows the participants an opportunity to come
together for an entire day once a month to have very generative and constructive
conversation around Delta issues.
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b. Funding Request: $450,000. In Phase 2, the participants and a private
foundation grants covered $260,000 of the $710,000 total budget for the 12 month
process.
c. Justification: The good will generated in this process, along with innovative ideas
that result from these collaborative conversations, has the potential to offer
solutions that better meet the needs of more Delta interests and therefore could
result in a more implementable project.
4. Delta Restoration Network
a. Background: The Conservancy convened the agencies expected to conduct
ecosystem restoration in the Delta (DWR, DFW, SFWCA, Conservancy), twelve
additional agencies that will have some involvement through permitting or
coordination and the Delta community to develop a Draft Restoration Framework
to ensure a coordinated and integrated restoration program. The Framework and
the Delta Science Plan, call for the development of Regional Implementation
Strategies to inform where, how, when and by whom restoration would take
place, and how we collectively track efforts against targets and performance
objectives. The Conservancy will continue to convene the group and will begin to
develop Regional Conservation Strategies for priority areas.
b. Funding Request: $500,000. $100,000 to support the Delta Restoration Network
and $400,000 to develop up to 3 of 6 priority Regional Conservation Strategies.
c. Justification: Implementation of ongoing habitat restoration in the Delta, and at
the scale contemplated by the Delta Plan and the BDCP will require extreme
levels of coordination and integration. Absent such efforts, we are likely to repeat
the accountability and effectiveness challenges suffered by previous restoration
programs.
Other Funding Priorities – Total $2,750,000
1) Develop and run a grant program to fund wildlife friendly farming projects
($1,000,000)
2) Develop and run a grant program to support agri-tourism efforts ($250,000)
3) Develop up to 1,000 acres of managed wetlands in the Delta for GHG emission
reductions of over 7,000 metrics tons of CO2 per year, stop subsidence and provide
habitat and water quality benefits. ($1,500,000)
Page 63 of 84
LEGISLATION COMMITTEE 9.
Meeting Date:04/03/2014
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2014-14
Referral Name: State Legislation
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
The Legislation Committee routinely reviews the Status Report on bills of interest to the County
and can direct staff to follow-up or provide more information about particular bills.
Referral Update:
The status of bills of interest to the County is included in the attached report.
Recommendation(s)/Next Step(s):
The Legislation Committee may consider recommending a position to the Board of Supervisors
on any of the bills of interest, or may request staff to provide additional information about a bill.
Fiscal Impact (if any):
None.
Attachments
Status Report on State Bills
Page 64 of 84
1
Master List 2014
CA AB 1519 AUTHOR: Donnelly [R]
TITLE: State Responsibility Areas: Fire Prevention Fees
INTRODUCED: 01/16/2014
DISPOSITION: Pending
COMMITTEE: Assembly Natural Resources Committee
HEARING: 04/07/2014 1:30 pm
SUMMARY:
Amends existing law that requires the State Board of Equalization to collect a
fire prevention fee to be charged on each structure on a parcel that is within a
state responsibility area. Eliminates the specified civil penalty imposed for
unpaid fire prevention fees.
STATUS:
01/23/2014 To ASSEMBLY Committee on NATURAL
RESOURCES.
Position: Watch
CA AB 1533 AUTHOR: Waldron [R]
TITLE: In Home Supportive Services: Criminal Background
Checks
INTRODUCED: 01/21/2014
DISPOSITION: Pending
COMMITTEE: Assembly Human Services Committee
HEARING: 04/29/2014 1:30 pm
SUMMARY:
Amends existing law that provides for an investigation of the qualifications of the
In-Home Supportive Services provider applicant, including specified criminal
background checks.
STATUS:
01/30/2014 To ASSEMBLY Committee on HUMAN SERVICES.
Position: Watch
CA AB 1594 AUTHOR: Williams [D]
TITLE: Solid Waste: Recycling: Diversion: Green Material
INTRODUCED: 02/03/2014
DISPOSITION: Pending
COMMITTEE: Assembly Natural Resources Committee
HEARING: 04/07/2014 1:30 pm
SUMMARY:
Authorizes the Department of Resources Recycling and Recovery, if the department
makes a specified determination, to adopt regulations to provide that the use of
green material as alternative daily cover or alternative intermediate cover does not
constitute diversion through recycling and would be considered disposal for
purposes of the Integrated Waste Management Act of 1989.
STATUS:
Page 65 of 84
2
02/14/2014 To ASSEMBLY Committee on NATURAL RESOURCES.
Commentary:
Deidra reviewing
CA AB 1607 AUTHOR: Fox [D]
TITLE: Sexually Violent Predators
INTRODUCED: 02/05/2014
LAST AMEND: 03/24/2014
DISPOSITION: Pending
LOCATION: Assembly Public Safety Committee
SUMMARY:
Amends existing law that provides for the civil commitment of criminal offenders
who have been determined to be sexually violent predators for treatment. Requires a
person petitioning for conditional release to list the county or counties of potential
domicile to which the petitioner wishes to be conditionally released and the reason
why each county is chosen. Requires notice of any related hearing to determine the
county of release. Requires released persons to submit to search and seizure
requirements.
STATUS:
03/25/2014 In ASSEMBLY Committee on PUBLIC SAFETY: Not heard.
Position: Watch
CA AB 1637 AUTHOR: Frazier [D]
TITLE: Driver's Licenses: Veteran Designation
INTRODUCED: 02/11/2014
DISPOSITION: Pending
LOCATION: Assembly Veterans Affairs Committee
SUMMARY:
Allows an applicant for a driver's license or identification card to allow a person to
request the driver's license or identification card be printed with the work
VETERAN. Requires the applicant to present to the department a Certificate of
Release or Discharge from Active Duty. Requires an additional fee.
STATUS:
03/24/2014 From ASSEMBLY Committee on TRANSPORTATION: Do
pass to Committee on VETERANS AFFAIRS. (15-0)
Commentary:
Consistent with Board policy (supported in 2013). Sent letter of support.
Position: Support
CA AB 1642 AUTHOR: Chesbro [D]
TITLE: Pest Control: Pierce's Disease
INTRODUCED: 02/11/2014
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Extends the repeal date of the Pierce's Disease Control program in the Department
Page 66 of 84
3
of Food and Agriculture and the Pierce's Disease Management Account in the Food
and Agriculture Fund. Includes the Glassy-Winged Sharpshooter Board.
STATUS:
03/26/2014 From ASSEMBLY Committee on AGRICULTURE: Do pass
to Committee on APPROPRIATIONS.
Position: Watch
CA AB 1653 AUTHOR: Garcia [D]
TITLE: CalWORKs: Victims of Domestic Violence
INTRODUCED: 02/11/2014
DISPOSITION: Pending
COMMITTEE: Assembly Human Services Committee
HEARING: 04/29/2014 1:30 pm
SUMMARY:
Requires the State Department of Social Services to establish a standard, statewide
notice and process to ensure that applicants for, or recipients of, CalWORKs aid
who are past or present victims of domestic violence are not placed at further risk or
unfairly penalized by program requirements, rules, or procedures. Requires a county
to waive certain program requirements that make it more difficult for a victim to
escape domestic violence, or unfairly penalize the victim or family.
STATUS:
02/20/2014 To ASSEMBLY Committee on HUMAN SERVICES.
Commentary:
assess for impact on CalWORKS?- DV 3-18-2014
Position: Support
CA AB 1725 AUTHOR: Maienschein [R]
TITLE: Mental Health: Conservatorship Hearings
INTRODUCED: 02/14/2014
DISPOSITION: Pending
LOCATION: Assembly Health Committee
SUMMARY:
Includes a person who is gravely disabled as a result of substance abuse as a person
for whom a conservatorship may be requested and granted. Provides a procedure for
a family member or interested person who believes a conservatorship is necessary to
petition the probate court to establish a conservatorship.
STATUS:
02/27/2014 To ASSEMBLY Committees on HEALTH and JUDICIARY.
Position: Watch
CA AB 1729 AUTHOR: Logue [R]
TITLE: Local Government: Agricultural Land: Payments
INTRODUCED: 02/14/2014
LAST AMEND: 03/20/2014
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
Page 67 of 84
4
SUMMARY:
Appropriates a specified amount of money from the General Fund to make
subvention payments to counties to reimburse the counties for property tax revenues
not received as a result of contracts between the counties and owners of agricultural
land in which the owners agree, under the Williamson Act, to continue using such
property as agricultural for purposes of property taxation.
STATUS:
03/20/2014 To ASSEMBLY Committee on APPROPRIATIONS.
03/20/2014 From ASSEMBLY Committee on APPROPRIATIONS with
author's amendments.
03/20/2014 In ASSEMBLY. Read second time and amended. Re-referred
to Committee on APPROPRIATIONS.
Position: Watch
CA AB 1799 AUTHOR: Gordon [D]
TITLE: Land Use: Mitigation Lands
INTRODUCED: 02/18/2014
DISPOSITION: Pending
COMMITTEE: Assembly Local Government Committee
HEARING: 04/02/2014 1:30 pm
SUMMARY:
Eliminates the requirement of an endowment or other financial mechanism for
long-term stewardship where a governmental entity or special district is the entity
required to provide the long-term stewardship, if the governmental entity or special
district provides evidence to the local or state agency that it possesses an
investment-grade credit rating by a nationally recognized statistical rating
organization.
STATUS:
02/27/2014 To ASSEMBLY Committee on LOCAL GOVERNMENT.
Commentary:
PW recommends a position of "Support" and requests Leg Com action.
Position: Watch
CA AB 1873 AUTHOR: Gonzalez [D]
TITLE: Mail Ballot Elections
INTRODUCED: 02/19/2014
DISPOSITION: Pending
LOCATION: Assembly Elections and Redistricting Committee
SUMMARY:
Authorizes a board of supervisors of a county to conduct a special election or
special consolidated election to fill a congressional or legislative vacancy wholly by
mail under specified conditions.
STATUS:
02/27/2014 To ASSEMBLY Committee on ELECTIONS AND
REDISTRICTING.
Page 68 of 84
5
CA AB 1876 AUTHOR: Quirk [D]
TITLE: County Jails: Telephone Service Contracts
INTRODUCED: 02/19/2014
DISPOSITION: Pending
LOCATION: Assembly Local Government Committee
SUMMARY:
Prohibits a county jail from accepting a commission or other payment from a
telephone company as an incentive to adopt a contract for providing telephone
services to inmates of the jail.
STATUS:
03/06/2014 To ASSEMBLY Committee on LOCAL GOVERNMENT.
Position: Watch
CA AB 1961 AUTHOR: Eggman [D]
TITLE: Land Use: Planning: Sustainable Farmland Strategy
INTRODUCED: 02/19/2014
LAST AMEND: 03/25/2014
DISPOSITION: Pending
COMMITTEE: Assembly Local Government Committee
HEARING: 04/02/2014 1:30 pm
SUMMARY:
Requires each county with significant agricultural land resources to also develop a
sustainable farmland strategy. Requires the sustainable farmland strategy to include,
among other things, a map and inventory of all agriculturally zoned land within the
county, a description of the goals, strategies, and related policies and ordinances, to
retain agriculturally zoned land where practical and mitigate the loss of such land to
other uses or zones.
STATUS:
03/25/2014 From ASSEMBLY Committee on LOCAL GOVERNMENT
with author's amendments.
03/25/2014 In ASSEMBLY. Read second time and amended. Re-referred
to Committee on LOCAL GOVERNMENT.
Position: Watch
CA AB 2151 AUTHOR: Wagner [R]
TITLE: Counties: Search and Rescue: Costs
INTRODUCED: 02/20/2014
DISPOSITION: Pending
LOCATION: Assembly Local Government Committee
SUMMARY:
Provides that whenever a county or city and county is billed by another county or
city and county for a search or rescue of one of its residents who is 16 years of age
or older, the county of city and county may in turn seek reimbursement for the
actual costs incurred from that resident, for the search and rescue necessitated the
use of extraordinary methods and specified acts or omissions were a contributing
factor to the need for the search and rescue.
Page 69 of 84
6
STATUS:
03/06/2014 To ASSEMBLY Committee on LOCAL GOVERNMENT.
Position: Watch
CA AB 2217 AUTHOR: Melendez [R]
TITLE: Pupil and Personnel Health
INTRODUCED: 02/20/2014
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
States the intent of the Legislature to encourage all public schools to acquire and
maintain at least one automatic external defibrillator. Authorizes a public school to
solicit and receive nonstate funds to acquire and maintain an AED. Provides that the
school district and employees of the school district are not liable for civil damages
resulting from certain uses, attempted uses or non-uses of an AED.
STATUS:
02/20/2014 INTRODUCED.
Commentary:
Sending support letter. Aligns with Board policy. We supported last year's AB 939.
Position: Support
CA AB 2241 AUTHOR: Eggman [D]
TITLE: Local Government: Agricultural Land
INTRODUCED: 02/21/2014
DISPOSITION: Pending
LOCATION: Assembly Local Government Committee
SUMMARY:
Requires a city or county to charge the property owner a recession fee of a specified
percentage of the fair market value of the property at the time of the recession for
both land under a Williamson Act contract and land designated as a farmland
security zone.
STATUS:
03/26/2014 From ASSEMBLY Committee on AGRICULTURE: Do pass
to Committee on LOCAL GOVERNMENT.
Position: Watch
CA AB 2273 AUTHOR: Ridley-Thomas S [D]
TITLE: Payment of Election Expenses
INTRODUCED: 02/21/2014
DISPOSITION: Pending
COMMITTEE: Assembly Elections and Redistricting Committee
HEARING: 04/01/2014 1:30 pm
SUMMARY:
Provides that expenses authorized and necessarily incurred on or after a specified
date, and for each year thereafter, for elections proclaimed by the Governor to fill a
vacancy in the office of Senator or Member of the Assembly, or to fill a vacancy in
Page 70 of 84
7
the office of United States Senator or Member of United States House of
Representatives, shall be paid by the state.
STATUS:
03/06/2014 To ASSEMBLY Committee on ELECTIONS AND
REDISTRICTING.
Position: Watch
CA AB 2275 AUTHOR: Ridley-Thomas S [D]
TITLE: Copies of Marriage, Birth, and Death Certificates
INTRODUCED: 02/21/2014
DISPOSITION: Pending
COMMITTEE: Assembly Health Committee
HEARING: 04/08/2014 1:30 pm
SUMMARY:
Authorizes the request for a certified copy of a birth, death, marriage, or military
service record and the notarized statement to be a submitted in electronic form.
STATUS:
03/06/2014 To ASSEMBLY Committee on HEALTH.
Position: Watch
CA AB 2379 AUTHOR: Weber [D]
TITLE: Abuse of Dependent Adults: Multidisciplinary Teams
INTRODUCED: 02/21/2014
DISPOSITION: Pending
COMMITTEE: Assembly Human Services Committee
HEARING: 04/08/2014 1:30 pm
SUMMARY:
Relates to abuse of dependent adults; Authorizes access to otherwise confidential
records to members of children's multidisciplinary teams, persons or agencies
providing treatment or supervision of the adult who was a dependent of the juvenile
court.
STATUS:
03/10/2014 To ASSEMBLY Committees on HUMAN SERVICES and
JUDICIARY.
Position: Support
CA AB 2402 AUTHOR: Buchanan [D]
TITLE: Noxious Weed Management
INTRODUCED: 02/21/2014
DISPOSITION: Pending
COMMITTEE: Assembly Agriculture Committee
HEARING: 04/09/2014 1:30 pm
SUMMARY:
Relates to Noxious Weed Management Account in the Department of Food and
Agriculture Fund and allocation of those funds. Revises the percentages of those
allocations. Revises the purposes for which the percentage of funds allocated for
Page 71 of 84
8
research may be used to include mapping, risk assessment and prioritization of
weeds. Provides for a grant program.
STATUS:
03/10/2014 To ASSEMBLY Committee on AGRICULTURE.
Position: Support
CA AB 2403 AUTHOR: Rendon [D]
TITLE: Local Government: Assessments, fees, and charges
INTRODUCED: 02/21/2014
DISPOSITION: Pending
LOCATION: Assembly Local Government Committee
SUMMARY:
Provides that provisions of the California Constitution generally require that
assessments, fees, and charges be submitted to property owners for approval or
rejection after the provisions of written notice and the holding of a public hearing.
Modifies the definition of water to specifically include recycled water and
stormwater intended for water service.
STATUS:
03/10/2014 To ASSEMBLY Committee on LOCAL GOVERNMENT.
Position: Support
CA AB 2471 AUTHOR: Frazier [D]
TITLE: Public Contracts: Change Orders
INTRODUCED: 02/21/2014
DISPOSITION: Pending
LOCATION: Assembly Accountability and Administrative Review
Committee
SUMMARY:
Requires a public entity, when authorized to order changes or additions in the work
in a public works contract awarded to the lowest bidder, to issue a change order
promptly. Requires if this requirement is not met, the public entity to be liable to the
original contractor for payment of the contractor's invoice.
STATUS:
03/13/2014 To ASSEMBLY Committee on ACCOUNTABILITY AND
ADMINISTRATIVE REVIEW.
Position: Watch
CA AB 2507 AUTHOR: Bocanegra [D]
TITLE: Public Records Act: Exemptions
INTRODUCED: 02/21/2014
DISPOSITION: Pending
COMMITTEE: Assembly Judiciary Committee
HEARING: 04/01/2014 10:00 am
SUMMARY:
Provides that public agency attorney billing records, when they are prepared in
connection with pending litigation, are exempt from the California Public Records
Page 72 of 84
9
Act disclosure provisions during the pendency of the litigation.
STATUS:
03/13/2014 To ASSEMBLY Committees on JUDICIARY and LOCAL
GOVERNMENT.
Position: Watch
CA AB 2521 AUTHOR: Hagman [R]
TITLE: Corrections: Data Collection
INTRODUCED: 02/21/2014
DISPOSITION: Pending
COMMITTEE: Assembly Public Safety Committee
HEARING: 04/01/2014 9:00 am
SUMMARY:
Relates to the Board of State and Community Corrections. Requires the board to
collect and analyze data regarding recidivism rates of all persons who have received
sentences for felonies punishable by imprisonment in a county jail or who have been
placed on postrelease community supervision. Requires the data to include
recidivism rates for offenders specified years after their release in the community.
STATUS:
03/13/2014 To ASSEMBLY Committee on PUBLIC SAFETY.
Position: Watch
CA AB 2572 AUTHOR: Ting [D]
TITLE: Environmental Justice: Reports
INTRODUCED: 02/21/2014
DISPOSITION: Pending
COMMITTEE: Assembly Natural Resources Committee
HEARING: 04/07/2014 1:30 pm
SUMMARY:
Amends existing law that requires the Secretary for Environmental Protection to
submit a report on the implementation of provisions of law relating to
environmental justice. Requires this report to identify and address any gaps in the
Environmental Protection agency's existing programs, policies, or activities that
may impede the achievement of environmental justice.
STATUS:
03/13/2014 To ASSEMBLY Committee on NATURAL RESOURCES.
Position: Watch
CA AB 2703 AUTHOR: Quirk-Silva [D]
TITLE: County Veterans Service Officers
INTRODUCED: 02/21/2014
DISPOSITION: Pending
LOCATION: Assembly Veterans Affairs Committee
SUMMARY:
Relates to Department of Veterans Affairs. Requires the department to develop an
allocation formula based upon performance to encourage innovation and reward
Page 73 of 84
10
outstanding service by county veterans service officers. Appropriates funds.
STATUS:
03/17/2014 To ASSEMBLY Committee on VETERANS AFFAIRS.
Commentary:
Consistent with the Board’s platform. Sent letter of support.
Position: Support
CA AJR 39 AUTHOR: Hernandez R [D]
TITLE: Cable and Video Service
INTRODUCED: 02/19/2014
LAST AMEND: 03/13/2014
DISPOSITION: Pending
LOCATION: Assembly Third Reading File
SUMMARY:
Calls on the United State Congress to amend a specified federal law to allow states
and their municipalities to determine the best use of public, educational, and
government channel support.
STATUS:
03/24/2014 From ASSEMBLY Committee on UTILITIES AND
COMMERCE: Be adopted. (12-0)
03/24/2014 In ASSEMBLY. Ordered to third reading.
Commentary:
Consistent with the Board’s platform. Sent letter of support.
Position: Support
CA SB 270 AUTHOR: Padilla [D]
TITLE: Solid Waste: Single-Use Carryout Bags
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/14/2013
LAST AMEND: 02/06/2014
DISPOSITION: Pending
LOCATION: Assembly Rules Committee
SUMMARY:
Prohibits specified stores from providing a single-use carryout bag to a customer.
Requires such stores to meet other requirements regarding providing recycled paper
bags and compostable bags. Imposes these prohibitions and requirements on
convenience food stores, foodmarts, and certain other specified stores. Requires
bags sold or provided to a store by a reusable grocery bag producer to meet
specified requirements, and bag producers to provide certification. Authorizes local
civil penalties.
STATUS:
02/10/2014 Withdrawn from ASSEMBLY Committee on LABOR AND
EMPLOYMENT.
Page 74 of 84
11
02/10/2014 Re-referred to ASSEMBLY Committee on RULES.
Commentary:
To BOS for support on 4/1/14 per Leg Com rec.
Position: Support
CA SB 498 AUTHOR: Lara [D]
TITLE: Solid Waste: Biomass Conversion
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/21/2013
LAST AMEND: 01/27/2014
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Amends the State Integrated Waste Management Act of 1989 that requires each city,
county, and regional agency to develop a source reduction and recycling element of
an integrated waste management plan and defines the term biomass conversion.
Revises the definition of that term to mean the production of heat, fuels, or
electricity by the controlled combustion of, or the use of other noncombustion
thermal technologies on, those specified materials.
STATUS:
01/28/2014 In SENATE. Read third time. Passed SENATE. *****To
ASSEMBLY. (34-0)
Position: Watch
CA SB 673 AUTHOR: DeSaulnier [D]
TITLE: Employees' Retirement: Contra Costa County
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/22/2013
LAST AMEND: 01/23/2014
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Makes the Contra Costa County retirement system for purposes of the County
Employees Retirement System. Authorizes the board of retirement to appoint an
administrator and personnel as required to accomplish the work of the board.
Authorizes the administrator to make appointments on its behalf. Provides these
employees are employees of the retirement system and not the county. Exempts
such employees from civil service provisions and merit system rules. Makes the
board a public agency for certain purposes.
STATUS:
Page 75 of 84
12
01/28/2014 In SENATE. Read third time. Passed SENATE. *****To
ASSEMBLY. (34-0)
Commentary:
County-sponsored. Sent letter of support.
SUMMARY
SB 673 is a district bill to designate the Contra Costa County Employee Retirement
Association (CCCERA) as the statutory employer for all purposes of staff serving at
the CCCERA.
BACKGROUND
Currently, the staff serving at the CCCERA is employed by the county, as provided
in Government Code section 31522.1. Since the passage in 1996 of Article XVI,
section 17 of the State Constitution, which gives retirement boards plenary authority
to administer retirement systems, there have been several issues regarding the
county's and CCCERA's respective rights and responsibilities for these employees.
This matter first arose as to the ability to establish retirement benefits for these
employees. The parties litigated this issue which was resolved by the appellate
decision, Corcoran v. Contra Costa County Employees Retirement
Association(1997) 60 Cal.App.4th 89. The Corcoran decision established that
CCCERA sets retirement benefits for staff serving at CCCERA. A subsequent
appellate decision, Westley v. Cal. Pub. Employees Retirement System(2003) 105
Cal.App.4th 1095, held that Article XVI, Section 17 did not give CalPERS authority
to determine staff compensation.
Against this legal backdrop, administrative issues continued to arise concerning
terms and conditions of employment for the staff serving at CCCERA. In 2011,
CCCERA filed a legal action to clarify the parties' respective roles and
responsibilities for the staff. This case was resolved in 2013 through a
court-approved settlement providing that the staff would be employed by the
CCCERA directly instead of employed by the county and that the parties would
jointly seek the legislation necessary to implement this transition.
THIS BILL
SB 673 designates the CCCERA as the statutory employer for staff serving at the
CCCERA. SB 673 maintains existing terms and conditions of employment for
represented employees during the transition period. The County and the CCCERA
jointly seek passage of this bill.
Position: Support
Priority: High
Sponsored: County Sponsored
CA SB 674 AUTHOR: Corbett [D]
TITLE: CEQA: Exemption: Residential Infill Projects
FISCAL
COMMITTEE:
yes
Page 76 of 84
13
URGENCY
CLAUSE:
no
INTRODUCED: 02/22/2013
LAST AMEND: 01/06/2014
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Relates to California Environmental Quality Act exemptions for residential infill
projects; exempts as residential a use consisting of residential units and primary
neighborhood-serving goods, services, and retail uses that do not exceed a specified
percentage of the total building square footage of the project.
STATUS:
01/23/2014 In SENATE. Read third time. Passed SENATE. *****To
ASSEMBLY. (33-0)
Commentary:
Consistent with State Platform policy #105
Position: Support
CA SB 803 AUTHOR: DeSaulnier [D]
TITLE: Counties: Consolidation of Offices
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/22/2013
LAST AMEND: 01/06/2014
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Authorizes Contra Costa County to, by ordinance, appoint the public administrator
to the board of supervisors, appoint the same person to the office of the public
administrator and public guardian, and separate the consolidated offices of district
attorney and public administrator.
STATUS:
01/21/2014 In SENATE. Read third time. Passed SENATE. *****To
ASSEMBLY. (31-1)
Sponsored: County Sponsored
CA SB 837 AUTHOR: Steinberg [D]
TITLE: Schools: Transitional Kindergarten
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 01/06/2014
DISPOSITION: Pending
Page 77 of 84
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COMMITTEE: Senate Education Committee
HEARING: 04/09/2014 9:00 am
SUMMARY:
Creates the Kindergarten Readiness Act of 2014. Requires each school district or
charter school that offers kindergarten to offer transitional kindergarten. Requires a
child that meets specified minimum age requirements to be admitted. Authorizes the
average daily attendance of a school district to include the average daily attendance
of pupils enrolled. Specifies teacher requirements. Requires informing the public of
such kindergarten programs. Authorizes contracting with private local providers.
STATUS:
01/23/2014 To SENATE Committee on EDUCATION.
Commentary:
Camilla Rand preparing a memo for BOS expressing concerns.
Position: Watch
CA SB 909 AUTHOR: Pavley [D]
TITLE: Dependent Children: Health Screenings
INTRODUCED: 01/23/2014
LAST AMEND: 03/20/2014
DISPOSITION: Pending
COMMITTEE: Senate Human Services Committee
HEARING: 04/08/2014 1:30 pm
SUMMARY:
Permits a social worker to authorize an initial medical, dental, and mental health
screening of a child in temporary custody, without parental consent or a court order.
Adds mental health treatment to the medical and dental care that may be authorized
for a child who is a dependent of the juvenile court, who is in temporary custody, or
for whom a dependency petition has been filed.
STATUS:
03/20/2014 From SENATE Committee on HUMAN SERVICES with
author's amendments.
03/20/2014 In SENATE. Read second time and amended. Re-referred to
Committee on HUMAN SERVICES.
Position: Watch
CA SB 942 AUTHOR: Vidak [R]
TITLE: Special Elections
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
yes
INTRODUCED: 02/04/2014
DISPOSITION: Pending
LOCATION: Senate Appropriations Committee
SUMMARY:
Provides that expenses authorized and necessarily incurred on or after and before
Page 78 of 84
15
specified dates for elections proclaimed by the Governor to fill a vacancy in the
office of Senator or Member of the Assembly, or to fill a vacancy in the office of
United States Senator or Member of the United States House of Representatives,
shall be paid by the state.
STATUS:
03/18/2014 From SENATE Committee on ELECTIONS AND
CONSTITUTIONAL AMENDMENTS: Do pass to
Committee on APPROPRIATIONS. (5-0)
Position: Support
CA SB 955 AUTHOR: Mitchell [D]
TITLE: Interception of Electronic Communications
INTRODUCED: 02/06/2014
DISPOSITION: Pending
COMMITTEE: Senate Public Safety Committee
HEARING: 04/08/2014 9:30 am
SUMMARY:
Adds human trafficking to the list of offenses for which interception of electronic
communications may be ordered pursuant to provisions of existing law.
STATUS:
02/20/2014 To SENATE Committee on PUBLIC SAFETY.
Position: Watch
CA SB 963 AUTHOR: Torres [D]
TITLE: Elections: Payment of Expenses
INTRODUCED: 02/06/2014
DISPOSITION: Pending
LOCATION: Senate Appropriations Committee
SUMMARY:
Provides that expenses authorized and necessarily incurred for elections proclaimed
by the Governor to fill a vacancy in the office of Senator or Member of the
Assembly, or to fill a vacancy in the office of United States Senator or Member of
the United States House of Representatives, shall be paid by the state. Requires the
state to pay only those additional expenses directly related to an election.
STATUS:
03/18/2014 From SENATE Committee on ELECTIONS AND
CONSTITUTIONAL AMENDMENTS: Do pass to
Committee on APPROPRIATIONS. (5-0)
Position: Support
CA SB 979 AUTHOR: Beall [D]
TITLE: Public Employee Organizations: Differences: Panel
INTRODUCED: 02/11/2014
LAST AMEND: 03/17/2014
DISPOSITION: Pending
LOCATION: Senate Public Employment and Retirement Committee
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SUMMARY:
Amends existing law that authorizes a local employee organization to request that
the differences in negotiations regarding wages, hours, and other terms and
conditions of employment be submitted to a fact finding panel. Provides that the
differences under existing law include those differences that arise from any dispute
over any matter within the scope of representation as to which an obligation to meet
and confer exists and are not limited to negotiations after impasse.
STATUS:
03/19/2014 Re-referred to SENATE Committee on PUBLIC
EMPLOYMENT AND RETIREMENT.
Position: Watch
CA SB 983 AUTHOR: Hernandez E [D]
TITLE: Local Sales Taxes: Card Lock Fuel: Place of Sale
INTRODUCED: 02/11/2014
DISPOSITION: Pending
COMMITTEE: Senate Governance and Finance Committee
HEARING: 04/09/2014 9:30 am
SUMMARY:
Amends the Bradley-Burns Uniform Local Sales and Use Tax Law. Provides that, in
the case of a sale of fuel for card lock systems, the place at which the retail sale of
card lock fuel is consummated is the point of delivery of fuel to the vehicle.
STATUS:
02/20/2014 To SENATE Committee on GOVERNANCE AND FINANCE.
Position: Watch
CA SB 1014 AUTHOR: Jackson [D]
TITLE: Pharmaceutical Waste: Home-Generated
INTRODUCED: 02/13/2014
DISPOSITION: Pending
LOCATION: Senate Second Reading File
SUMMARY:
Enacts the Home-Generated Pharmaceutical Waste Collection Disposal Act.
Requires a producer of covered pharmaceuticals to submit to the Department of
Resources Recycling and Recovery a product stewardship plan. Authorizes
producers to submit a plan or designate a stewardship organization to act as an agent
on behalf of the producers to submit a plan. Requires the plan to contain elements
with regard to the collection and disposal of home-generated pharmaceutical waste.
Authorizes violation penalties.
STATUS:
03/26/2014 From SENATE Committee on ENVIRONMENTAL
QUALITY: Do pass as amended to Cmte on BUSINESS,
PROFESSIONS & CONSUMER PROTECTION. (5-1)
Commentary:
Consistent with Board's adopted platform. Sent letter of support.
Position: Support
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CA SB 1029 AUTHOR: Hancock [D]
TITLE: CalWORK's and CalFresh Eligibility
INTRODUCED: 02/14/2014
LAST AMEND: 03/20/2014
DISPOSITION: Pending
COMMITTEE: Senate Human Services Committee
HEARING: 04/08/2014 1:30 pm
SUMMARY:
Authorizes CalWORK's and CalFresh benefits to be paid to an individual who is
convicted of any offense classified as a felony that has as an element the possession,
use, or distribution of a controlled substance. Provides that if the individual is on
supervised release, he or she would be ineligible during any revocation period.
Requires a request for a federal waiver for preenrollment prior to the applicant's
reentry. Requires the development of a related program if the waiver is granted.
STATUS:
03/20/2014 From SENATE Committee on HUMAN SERVICES with
author's amendments.
03/20/2014 In SENATE. Read second time and amended. Re-referred to
Committee on HUMAN SERVICES.
Commentary:
BOS supported SB 283 (2013). Consistent with Board action. Sending letter of
support.
Bureau: WorkforceServices
Position: Support
CA SB 1081 AUTHOR: Hernandez E [D]
TITLE: Federally Qualified Health Centers
INTRODUCED: 02/19/2014
DISPOSITION: Pending
LOCATION: Senate Health Committee
SUMMARY:
Relates to the Medi-Cal program, the State Department of Health Care Services and
federally qualified health center services. Requires the department to authorize an
alternative payment methodology pilot project that would be implemented in any
county and FQHC willing to participate with capitated monthly payments for each
Medi-Cal managed care enrollee. Requires an evaluation of the APM pilot project to
be conducted by an independent entity.
STATUS:
02/27/2014 To SENATE Committee on HEALTH.
Commentary:
Sending letter of support, as requested by Dr. Walker. Consistent with Platform.
Position: Support
CA SB 1089 AUTHOR: Mitchell [D]
TITLE: Medi-Cal: Juvenile Inmates
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INTRODUCED: 02/19/2014
DISPOSITION: Pending
LOCATION: Senate Appropriations Committee
SUMMARY:
Relates to the Medi-Cal program. Relates to a process to allow counties to receive
any available federal financial participation for acute inpatient hospital services and
inpatient psychiatric services provided to juvenile inmates who are admitted as
inpatients in a medical institution. Provides that the process developed be
implemented in only those counties that elect to provide the county's pro rata
portion of the nonfederal share of the state's administrative costs.
STATUS:
03/26/2014 From SENATE Committee on HEALTH: Do pass to
Committee on APPROPRIATIONS.
Position: Watch
CA SB 1129 AUTHOR: Steinberg [D]
TITLE: Successor Agencies to Redevelopment Agencies
INTRODUCED: 02/19/2014
DISPOSITION: Pending
COMMITTEE: Senate Governance and Finance Committee
HEARING: 04/09/2014 9:30 am
SUMMARY:
Authorizes a successor agency to utilize the proceeds of bonds issued during the
2011 calendar year, upon the approval of the oversight board, if the oversight board,
in consultation with the relevant metropolitan planning organization, determines that
the use of the bond proceeds is consistent with the sustainable communities strategy.
Prohibits required compensation agreements as part of the approval of a long-range
property management plan. Requires the approval of a plan as expeditiously as
possible.
STATUS:
02/27/2014 To SENATE Committee on GOVERNANCE AND FINANCE.
Position: Watch
CA SB 1136 AUTHOR: Huff [R]
TITLE: Foster Care Providers Criminal Records
INTRODUCED: 02/20/2014
DISPOSITION: Pending
COMMITTEE: Senate Human Services Committee
HEARING: 04/08/2014 1:30 pm
SUMMARY:
Authorizes the State Department of Social Services to share all information related
to a criminal record clearance or exemption granted by the department with a county
child welfare agency with responsibility to monitor the health and safety of persons
receiving care, treatment, or services from state licensed foster homes, certified
homes of foster family agencies and employees of those agencies, and licensed
group homes.
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STATUS:
03/06/2014 To SENATE Committee on HUMAN SERVICES.
Position: Watch
CA SB 1224 AUTHOR: Correa [D]
TITLE: Federally Qualified Health Centers
INTRODUCED: 02/20/2014
DISPOSITION: Pending
LOCATION: Senate Health Committee
SUMMARY:
Relates to the MediCal program. Relates to visits to federally qualified health
centers and rural health centers. Provides that a maximum number of visits taking
place on the same day at a single location shall be reimbursed when a patient suffers
illness or injury requiring additional diagnosis or treatment or the patient has a
medical visit and another health visit.
STATUS:
03/06/2014 To SENATE Committee on HEALTH.
Position: Watch
CA SB 1262 AUTHOR: Correa [D]
TITLE: Medical Marijuana: Regulation of Physicians, Dispensary
INTRODUCED: 02/21/2014
DISPOSITION: Pending
LOCATION: Senate Business, Professions & Economic Development
Committee
SUMMARY:
Requires the State Department of Public Health to license dispensing facilities and
cultivation sites that provide, process, and grow marijuana for medical use, and
would make these licenses subject to the restrictions of the local jurisdiction in
which the facility operates or proposes to operate. Requires the establishment of
quality testing of medical marijuana. Prohibits the use of specified pesticides.
Requires the implementation of security measures. Provides a civil penalty for
violations.
STATUS:
03/06/2014 To SENATE Committees on BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT and HEALTH.
Position: Watch
CA SB 1300 AUTHOR: Hancock [D]
TITLE: Refineries: Turnarounds
INTRODUCED: 02/21/2014
DISPOSITION: Pending
LOCATION: Senate Judiciary Committee
SUMMARY:
Requires every petroleum refinery employee to submit to the Division of
Occupational Safety and Health, a full schedule of planned turnarounds, meaning a
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planned, periodic shutdown of a refinery process unit or plant to perform
maintenance, overhaul, and repair operations and to inspect, test, and replace
process materials and equipment for the following calendar year. Provides any
information provided that is a trade secret is confidential. Authorizes the charging of
fees for actions regarding refineries.
STATUS:
03/26/2014 From SENATE Committee on LABOR AND INDUSTRIAL
RELATIONS: Do pass to Committee on JUDICIARY. (3-0)
Position: Watch
CA SB 1353 AUTHOR: Nielsen [R]
TITLE: Local Government: Williamson Act
INTRODUCED: 02/21/2014
DISPOSITION: Pending
COMMITTEE: Senate Governance and Finance Committee
HEARING: 04/02/2014 9:30 am
SUMMARY:
Amends the Williamson Act, which authorizes a city or county to enter into
contracts with owners of land devoted to agricultural use, whereby the owners agree
to continue using the property for that purpose, and the city or county agrees to
value the land accordingly for purposes of property taxation.
STATUS:
03/13/2014 To SENATE Committee on GOVERNANCE AND FINANCE.
Position: Watch
CA SB 1388 AUTHOR: Lieu [D]
TITLE: General Subject: Human Trafficking
INTRODUCED: 02/21/2014
DISPOSITION: Pending
COMMITTEE: Senate Public Safety Committee
HEARING: 04/22/2014 9:30 am
SUMMARY:
Makes a person who seeks to purchase or purchases a commercial sex act guilty of a
misdemeanor, punishable by imprisonment and by a fine. Provides that fines shall
be deposited in the Victim-Witness Assistance Fund and the Commercial Sexual
Exploitation of Children Services Fund.
STATUS:
03/13/2014 To SENATE Committee on PUBLIC SAFETY.
Position: Watch
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