SB 974: Local government: omnibus.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-09-14
(1)The Professional Land Surveyors Act, among other things, requires a county recorder to store and index records of survey, and to maintain both original maps and a printed set for public reference. That act specifically requires the county recorder to securely fasten a filed record of survey into a suitable book.
This bill would also authorize a county recorder to store records of survey in any other manner that will ensure the maps are kept together.
(2)Existing law prohibits a public entity from demanding a fee or compensation for, among other things, a certified copy of specified military records, and of public records to be used in a claim related to veterans benefits, as specified. Existing law provides that a certified copy of these records may be made available only to the person who is the subject of the record, a family member or legal representative of that person, a county office that provides veterans benefits services, or a federal official upon written request.
This bill would provide that a certified copy of these records may also be made available to a state or city office that provides veterans benefits services upon written request of that office.
By expanding the duty of local officials to provide copies of military records, this bill would impose a state-mandated local program.
(3)Existing law authorizes the Secretary of State to appoint and commission notaries public, as provided. Existing law requires every person appointed a notary public, no later than 30 days after the beginning of the term prescribed in the commission, to file an official bond and an oath of office in the office of the county clerk of the county within which the person maintains a principal place of business.
This bill would require a person taking the oath of office before the county clerk to serve as a notary public to present identification documents meeting certain requirements specified in statute as satisfactory evidence of identity.
Existing law requires specified communications between the Secretary of State and notaries public to be made by certified mail. Existing law also specifies that, wherever any notice or communication required by laws to be mailed by registered mail to or by the state, the mailing of the notice by certified mail is deemed a sufficient compliance with that requirement.
This bill would authorize the use of any other means of physical delivery that provides a receipt for these communications.
(4)Existing law requires the State Board of Equalization to, among other things, prescribe rules and regulations to govern local boards of equalization and to prepare and issue instructions to assessors designed to promote uniformity throughout the state, as provided. Existing law requires that these duties, rules, regulations, and instructions include provisions for mobilehomes which are subject to local property taxation.
This bill would additionally require that these duties, rules, regulations, and instructions include provisions for floating homes which are subject to local property taxation.
(5)Existing law requires the officer of a local agency who has charge of financial records to furnish the Controller with a report of all the financial transactions of the local agency during the preceding fiscal year, as provided. Existing law requires the report to be furnished within 7 months after the close of each fiscal year.
Existing law designates the city clerk as the accounting officer of the city and requires him or her to maintain records reflecting the financial condition of the city. Existing law requires the city clerk to publish the report to the Controller once in a newspaper of general circulation, or cause copies of the statement to be posted in 3 public places designated by city ordinance if there is no newspaper of general circulation, within 120 days after the close of the fiscal year for which the report is compiled.
This bill would instead require the city clerk to publish or post the report consistent with the timelines established in statute for furnishing the report to the Controller.
(6)Existing law prohibits a city, including a charter city, county, or city and county, from enacting or enforcing any ordinance or regulation, other than certain reasonable restrictions, that prohibits the installation of drought tolerant landscaping, synthetic grass, or artificial turf on residential property, as specified. Existing law provides that this is an issue of statewide concern.
This bill would authorize a city, including a charter city, county, or city and county, to impose reasonable restrictions on the installation or design of synthetic grass or artificial turf within the dripline of a tree protected by local ordinance.
(7)Existing law authorizes the legislative body of a local agency having money in a sinking fund or money in its treasury not required for immediate needs to invest any portion of the money that it deems wise or expedient in specified securities and financial instruments. Existing law requires that certain of these instruments be rated at least A or AA, as applicable, by a nationally recognized statistical rating organization (NRSRO).
This bill would specify that these instruments must be in a ratings category of at least A or AA, as applicable, or its equivalent.
(8)The Planning and Zoning Law and the Subdivision Map Act require local governments to hold public hearings regarding various land use actions contemplated by those governments. If public notice of the hearing is required, existing law requires that the notice be given in specified ways, including mailing at least 10 days before the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected, and to all owners of real property within 300 feet of the real property that is the subject of the hearing, as provided. Existing law requires that notice mailed to affected local agencies also be published in at least one newspaper of general circulation and posted in at least 3 public places, as provided.
This bill would instead require publication and posting of the notice that is required to be sent to the owners of real property within 300 feet of the real property that is the subject of the hearing.
By revising the duties of local government officials with respect to the mailing of specified notices of hearings on land use actions, this bill would impose a state-mandated local program.
The Planning and Zoning Law also requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic hazards, flooding, wildland and urban fires, and climate adaptation and resilience strategies. That law requires that the safety element be reviewed and updated, in the case of flooding and fire hazards, upon the next revision of the housing element after specified dates or, in the case of climate adaptation and resilience strategies, upon either the next revision of a local hazard mitigation plan after a specified date or on or before January 1, 2022, as applicable. That law also requires, after the initial revision of the safety element to address flooding, fires, and climate adaptation and resilience strategies, that for each subsequent revision the planning agency review and, if necessary, revise the safety element to identify new information that was not available during the previous revision of the safety element.
This bill would instead require a planning agency to review and revise the safety element to identify new information, as described above, only to address flooding and fires.
(9)The Fort Ord Reuse Authority Act establishes the Fort Ord Reuse Authority to prepare, adopt, finance, and implement a plan for the use and development of the territory previously occupied by the Fort Ord military base in Monterey County. The act requires the authority to be governed by a 13-member board, as specified, and authorizes a representative designated by the Member of Congress from the 17th Congressional District, a representative designated by the Senator from the 15th Senate District, and a representative designated by the Assembly Member from the 27th Assembly District to serve as ex officio nonvoting members of the board.
This bill would instead authorize a representative designated by each of the Member of Congress, the Senator, and the Assembly Member that has the majority portion of Fort Ord in his or her district to serve as ex officio nonvoting members of the board.
(10)Existing law authorizes specified local entities, including cities, counties, special districts, and other authorized public corporations, to collect fees, tolls, rates, rentals, or other charges for water, sanitation, storm drainage, or sewerage system services and facilities and to fix fees or charges for the privilege of connecting to its sanitation or sewerage facilities and improvements constructed by the entity, as provided. Under existing law, a local entity may collect these charges on the property tax roll at the same time and in the same manner as its general property taxes. Under existing law, an entity may undertake these actions by enactment of an ordinance approved by a 2/3 vote of the members of the legislative body of the entity.
This bill would instead specify that the entity may undertake these actions by ordinance or resolution.
(11)The Fire Protection District Law of 1987 establishes a procedure for the formation of fire protection districts, as specified. That law provides that a district may be formed by adoption of a resolution of application by the legislative body of any county or city which contains territory proposed to be included in the district.
This bill would make a technical change to these provisions.
(12)Existing law, until January 1, 2025, authorizes the Department of General Services, the Department of Corrections and Rehabilitation, and certain local agencies to use the design-build procurement process for specified public works. Existing law defines best value design-build procurement by local-agencies purposes to mean a value determined by evaluation of objective criteria that may include, but are not limited to, price, features, functions, life-cycle costs, experience, and past performance.
This bill would modify that definition to have the objective criteria evaluation, instead relate to those specific criteria.
(13)The Vehicle License Fee Law establishes, in lieu of any ad valorem property tax upon vehicles, an annual license fee for any vehicle subject to registration in this state. Under existing law, the Controller was, until July 1, 2011, required to allocate vehicle license fee revenues in the Motor Vehicle License Fee Account in a specified order to, among others, each city that was incorporated before August 5, 2004. Existing law required the Controller to allocate these revenues in accordance with a specified formula based on, among other factors, the actual population, as defined, of the city. In the case of a city that incorporated on or after January 1, 1987, and before August 5, 2004, existing law also requires the Controller to determine the population of the city as provided based on, among other factors, the actual population, as defined, of the city.
This bill would make technical changes to these provisions.
(14)Under existing law, if an amount due under the Personal Income Tax Law or the Corporation Tax Law, or any amount that the Franchise Tax Board may collect as though it were a tax, is not paid, the board may file in the Office of the County Clerk of Sacramento County, or any other county, a certificate containing specified information about the amount owed and the taxpayer. Existing law requires the county clerk to immediately enter a judgment against the taxpayer in the amount set forth in the certificate.
This bill would instead require the Clerk of the Court to receive the certificate and enter the judgment.
(15)Existing law appropriates moneys in the Highway Users Tax Account for specified transportation purposes and provides for apportionment by the Controller of certain moneys, including revenues derived from taxes imposed by the Use Fuel Tax Law on the use of fuel, to cities and counties.
This bill would additionally specify that apportionment according to the above-described formula includes revenues derived from taxes imposed on the use of liquefied petroleum and natural gas pursuant to the Use Fuel Tax Law.
(16)The Property and Business Improvement District Law of 1994 authorizes cities, counties, cities and counties, and certain joint powers authorities to establish, pursuant to specified procedures, a parking and business improvement district to impose benefit assessments or charges on businesses in the district to fund specified improvements and activities. That law defines activities to include services provided for the purpose of conferring special benefit upon assessed businesses and real property located in the district.
This bill would instead define activities to include services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district.
The Property and Business Improvement District Law of 1994 prohibits the use of revenue from the levy of assessments within a district to provide improvements, maintenance, or activities outside the district.
This bill would allow the provision of certain improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses. The bill would limit the improvements and activities to be offered outside the district boundaries to marketing or signage pointing to the district.
This bill would make various technical and conforming changes to the Property and Business Improvement District Law of 1994.
(17)The Kern County Water Agency Act creates the Kern County Water Agency, consisting of all the territory lying within the exterior boundaries of the County of Kern, and specifies its powers. The act authorizes the board of directors of the agency to employ the county counsel as the attorney for the agency and the county surveyor to supervise the engineering work of the agency, as prescribed. The act requires all other officers of the county to perform the same duties for the agency as performed for the county.
This bill would repeal these provisions relating to county employees.
The act prohibits, unless previously approved by the county board of supervisors, the levying of a tax or assessment, or the creation of a zone of benefit. The act also prohibits, unless previously approved in the form of a budget by the county board of supervisors, an expenditure of funds.
This bill would repeal these provisions requiring county board of supervisor approval.
(18)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.
(1)The Professional Land Surveyors Act, among other things, requires a county recorder to store and index records of survey, and to maintain both original maps and a printed set for public reference. That act specifically requires the county recorder to securely fasten a filed record of survey into a suitable book.
This bill would also authorize a county recorder to store records of survey in any other manner that will ensure the maps are kept together.
(2)Existing law prohibits a public entity from demanding a fee or compensation for, among other things, a certified copy of specified military records, and of public records to be used in a claim related to veterans benefits, as specified. Existing law provides that a certified copy of these records may be made available only to the person who is the subject of the record, a family member or legal representative of that person, a county office that provides veterans benefits services, or a federal official upon written request.
This bill would provide that a certified copy of these records may also be made available to a state or city office that provides veterans benefits services upon written request of that office.
By expanding the duty of local officials to provide copies of military records, this bill would impose a state-mandated local program.
(3)Existing law authorizes the Secretary of State to appoint and commission notaries public, as provided. Existing law requires every person appointed a notary public, no later than 30 days after the beginning of the term prescribed in the commission, to file an official bond and an oath of office in the office of the county clerk of the county within which the person maintains a principal place of business.
This bill would require a person taking the oath of office before the county clerk to serve as a notary public to present identification documents meeting certain requirements specified in statute as satisfactory evidence of identity.
Existing law requires specified communications between the Secretary of State and notaries public to be made by certified mail. Existing law also specifies that, wherever any notice or communication required by laws to be mailed by registered mail to or by the state, the mailing of the notice by certified mail is deemed a sufficient compliance with that requirement.
This bill would authorize the use of any other means of physical delivery that provides a receipt for these communications.
(4)Existing law requires the State Board of Equalization to, among other things, prescribe rules and regulations to govern local boards of equalization and to prepare and issue instructions to assessors designed to promote uniformity throughout the state, as provided. Existing law requires that these duties, rules, regulations, and instructions include provisions for mobilehomes which are subject to local property taxation.
This bill would additionally require that these duties, rules, regulations, and instructions include provisions for floating homes which are subject to local property taxation.
(5)Existing law requires the officer of a local agency who has charge of financial records to furnish the Controller with a report of all the financial transactions of the local agency during the preceding fiscal year, as provided. Existing law requires the report to be furnished within 7 months after the close of each fiscal year.
Existing law designates the city clerk as the accounting officer of the city and requires him or her to maintain records reflecting the financial condition of the city. Existing law requires the city clerk to publish the report to the Controller once in a newspaper of general circulation, or cause copies of the statement to be posted in 3 public places designated by city ordinance if there is no newspaper of general circulation, within 120 days after the close of the fiscal year for which the report is compiled.
This bill would instead require the city clerk to publish or post the report consistent with the timelines established in statute for furnishing the report to the Controller.
(6)Existing law prohibits a city, including a charter city, county, or city and county, from enacting or enforcing any ordinance or regulation, other than certain reasonable restrictions, that prohibits the installation of drought tolerant landscaping, synthetic grass, or artificial turf on residential property, as specified. Existing law provides that this is an issue of statewide concern.
This bill would authorize a city, including a charter city, county, or city and county, to impose reasonable restrictions on the installation or design of synthetic grass or artificial turf within the dripline of a tree protected by local ordinance.
(7)Existing law authorizes the legislative body of a local agency having money in a sinking fund or money in its treasury not required for immediate needs to invest any portion of the money that it deems wise or expedient in specified securities and financial instruments. Existing law requires that certain of these instruments be rated at least A or AA, as applicable, by a nationally recognized statistical rating organization (NRSRO).
This bill would specify that these instruments must be in a ratings category of at least A or AA, as applicable, or its equivalent.
(8)The Planning and Zoning Law and the Subdivision Map Act require local governments to hold public hearings regarding various land use actions contemplated by those governments. If public notice of the hearing is required, existing law requires that the notice be given in specified ways, including mailing at least 10 days before the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected, and to all owners of real property within 300 feet of the real property that is the subject of the hearing, as provided. Existing law requires that notice mailed to affected local agencies also be published in at least one newspaper of general circulation and posted in at least 3 public places, as provided.
This bill would instead require publication and posting of the notice that is required to be sent to the owners of real property within 300 feet of the real property that is the subject of the hearing.
By revising the duties of local government officials with respect to the mailing of specified notices of hearings on land use actions, this bill would impose a state-mandated local program.
The Planning and Zoning Law also requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic hazards, flooding, wildland and urban fires, and climate adaptation and resilience strategies. That law requires that the safety element be reviewed and updated, in the case of flooding and fire hazards, upon the next revision of the housing element after specified dates or, in the case of climate adaptation and resilience strategies, upon either the next revision of a local hazard mitigation plan after a specified date or on or before January 1, 2022, as applicable. That law also requires, after the initial revision of the safety element to address flooding, fires, and climate adaptation and resilience strategies, that for each subsequent revision the planning agency review and, if necessary, revise the safety element to identify new information that was not available during the previous revision of the safety element.
This bill would instead require a planning agency to review and revise the safety element to identify new information, as described above, only to address flooding and fires.
(9)The Fort Ord Reuse Authority Act establishes the Fort Ord Reuse Authority to prepare, adopt, finance, and implement a plan for the use and development of the territory previously occupied by the Fort Ord military base in Monterey County. The act requires the authority to be governed by a 13-member board, as specified, and authorizes a representative designated by the Member of Congress from the 17th Congressional District, a representative designated by the Senator from the 15th Senate District, and a representative designated by the Assembly Member from the 27th Assembly District to serve as ex officio nonvoting members of the board.
This bill would instead authorize a representative designated by each of the Member of Congress, the Senator, and the Assembly Member that has the majority portion of Fort Ord in his or her district to serve as ex officio nonvoting members of the board.
(10)Existing law authorizes specified local entities, including cities, counties, special districts, and other authorized public corporations, to collect fees, tolls, rates, rentals, or other charges for water, sanitation, storm drainage, or sewerage system services and facilities and to fix fees or charges for the privilege of connecting to its sanitation or sewerage facilities and improvements constructed by the entity, as provided. Under existing law, a local entity may collect these charges on the property tax roll at the same time and in the same manner as its general property taxes. Under existing law, an entity may undertake these actions by enactment of an ordinance approved by a 2/3 vote of the members of the legislative body of the entity.
This bill would instead specify that the entity may undertake these actions by ordinance or resolution.
(11)The Fire Protection District Law of 1987 establishes a procedure for the formation of fire protection districts, as specified. That law provides that a district may be formed by adoption of a resolution of application by the legislative body of any county or city which contains territory proposed to be included in the district.
This bill would make a technical change to these provisions.
(12)Existing law, until January 1, 2025, authorizes the Department of General Services, the Department of Corrections and Rehabilitation, and certain local agencies to use the design-build procurement process for specified public works. Existing law defines best value design-build procurement by local-agencies purposes to mean a value determined by evaluation of objective criteria that may include, but are not limited to, price, features, functions, life-cycle costs, experience, and past performance.
This bill would modify that definition to have the objective criteria evaluation, instead relate to those specific criteria.
(13)The Vehicle License Fee Law establishes, in lieu of any ad valorem property tax upon vehicles, an annual license fee for any vehicle subject to registration in this state. Under existing law, the Controller was, until July 1, 2011, required to allocate vehicle license fee revenues in the Motor Vehicle License Fee Account in a specified order to, among others, each city that was incorporated before August 5, 2004. Existing law required the Controller to allocate these revenues in accordance with a specified formula based on, among other factors, the actual population, as defined, of the city. In the case of a city that incorporated on or after January 1, 1987, and before August 5, 2004, existing law also requires the Controller to determine the population of the city as provided based on, among other factors, the actual population, as defined, of the city.
This bill would make technical changes to these provisions.
(14)Under existing law, if an amount due under the Personal Income Tax Law or the Corporation Tax Law, or any amount that the Franchise Tax Board may collect as though it were a tax, is not paid, the board may file in the Office of the County Clerk of Sacramento County, or any other county, a certificate containing specified information about the amount owed and the taxpayer. Existing law requires the county clerk to immediately enter a judgment against the taxpayer in the amount set forth in the certificate.
This bill would instead require the Clerk of the Court to receive the certificate and enter the judgment.
(15)Existing law appropriates moneys in the Highway Users Tax Account for specified transportation purposes and provides for apportionment by the Controller of certain moneys, including revenues derived from taxes imposed by the Use Fuel Tax Law on the use of fuel, to cities and counties.
This bill would additionally specify that apportionment according to the above-described formula includes revenues derived from taxes imposed on the use of liquefied petroleum and natural gas pursuant to the Use Fuel Tax Law.
(16)The Property and Business Improvement District Law of 1994 authorizes cities, counties, cities and counties, and certain joint powers authorities to establish, pursuant to specified procedures, a parking and business improvement district to impose benefit assessments or charges on businesses in the district to fund specified improvements and activities. That law defines activities to include services provided for the purpose of conferring special benefit upon assessed businesses and real property located in the district.
This bill would instead define activities to include services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district.
The Property and Business Improvement District Law of 1994 prohibits the use of revenue from the levy of assessments within a district to provide improvements, maintenance, or activities outside the district.
This bill would allow the provision of certain improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses. The bill would limit the improvements and activities to be offered outside the district boundaries to marketing or signage pointing to the district.
This bill would make various technical and conforming changes to the Property and Business Improvement District Law of 1994.
(17)The Kern County Water Agency Act creates the Kern County Water Agency, consisting of all the territory lying within the exterior boundaries of the County of Kern, and specifies its powers. The act authorizes the board of directors of the agency to employ the county counsel as the attorney for the agency and the county surveyor to supervise the engineering work of the agency, as prescribed. The act requires all other officers of the county to perform the same duties for the agency as performed for the county.
This bill would repeal these provisions relating to county employees.
The act prohibits, unless previously approved by the county board of supervisors, the levying of a tax or assessment, or the creation of a zone of benefit. The act also prohibits, unless previously approved in the form of a budget by the county board of supervisors, an expenditure of funds.
This bill would repeal these provisions requiring county board of supervisor approval.
(18)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.
(1)The Professional Land Surveyors Act, among other things, requires a county recorder to store and index records of survey, and to maintain both original maps and a printed set for public reference. That act specifically requires the county recorder to securely fasten a filed record of survey into a suitable book.
This bill would also authorize a county recorder to store records of survey in any other manner that will ensure the maps are kept together.
(2)Existing law prohibits a public entity from demanding a fee or compensation for, among other things, a certified copy of specified military records, and of public records to be used in a claim related to veterans benefits, as specified. Existing law provides that a certified copy of these records may be made available only to the person who is the subject of the record, a family member or legal representative of that person, a county office that provides veterans benefits services, or a federal official upon written request.
This bill would provide that a certified copy of these records may also be made available to a state or city office that provides veterans benefits services upon written request of that office.
By expanding the duty of local officials to provide copies of military records, this bill would impose a state-mandated local program.
(3)Existing law authorizes the Secretary of State to appoint and commission notaries public, as provided. Existing law requires every person appointed a notary public, no later than 30 days after the beginning of the term prescribed in the commission, to file an official bond and an oath of office in the office of the county clerk of the county within which the person maintains a principal place of business.
This bill would require a person taking the oath of office before the county clerk to serve as a notary public to present identification documents meeting certain requirements specified in statute as satisfactory evidence of identity.
Existing law requires specified communications between the Secretary of State and notaries public to be made by certified mail. Existing law also specifies that, wherever any notice or communication required by laws to be mailed by registered mail to or by the state, the mailing of the notice by certified mail is deemed a sufficient compliance with that requirement.
This bill would authorize the use of any other means of physical delivery that provides a receipt for these communications.
(4)Existing law requires the State Board of Equalization to, among other things, prescribe rules and regulations to govern local boards of equalization and to prepare and issue instructions to assessors designed to promote uniformity throughout the state, as provided. Existing law requires that these duties, rules, regulations, and instructions include provisions for mobilehomes which are subject to local property taxation.
This bill would additionally require that these duties, rules, regulations, and instructions include provisions for floating homes which are subject to local property taxation.
(5)Existing law requires the officer of a local agency who has charge of financial records to furnish the Controller with a report of all the financial transactions of the local agency during the preceding fiscal year, as provided. Existing law requires the report to be furnished within 7 months after the close of each fiscal year.
Existing law designates the city clerk as the accounting officer of the city and requires him or her to maintain records reflecting the financial condition of the city. Existing law requires the city clerk to publish the report to the Controller once in a newspaper of general circulation, or cause copies of the statement to be posted in 3 public places designated by city ordinance if there is no newspaper of general circulation, within 120 days after the close of the fiscal year for which the report is compiled.
This bill would instead require the city clerk to publish or post the report consistent with the timelines established in statute for furnishing the report to the Controller.
(6)Existing law prohibits a city, including a charter city, county, or city and county, from enacting or enforcing any ordinance or regulation, other than certain reasonable restrictions, that prohibits the installation of drought tolerant landscaping, synthetic grass, or artificial turf on residential property, as specified. Existing law provides that this is an issue of statewide concern.
This bill would authorize a city, including a charter city, county, or city and county, to impose reasonable restrictions on the installation or design of synthetic grass or artificial turf within the dripline of a tree protected by local ordinance.
(7)Existing law authorizes the legislative body of a local agency having money in a sinking fund or money in its treasury not required for immediate needs to invest any portion of the money that it deems wise or expedient in specified securities and financial instruments. Existing law requires that certain of these instruments be rated at least A or AA, as applicable, by a nationally recognized statistical rating organization (NRSRO).
This bill would specify that these instruments must be in a ratings category of at least A or AA, as applicable, or its equivalent.
(8)The Planning and Zoning Law and the Subdivision Map Act require local governments to hold public hearings regarding various land use actions contemplated by those governments. If public notice of the hearing is required, existing law requires that the notice be given in specified ways, including mailing at least 10 days before the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected, and to all owners of real property within 300 feet of the real property that is the subject of the hearing, as provided. Existing law requires that notice mailed to affected local agencies also be published in at least one newspaper of general circulation and posted in at least 3 public places, as provided.
This bill would instead require publication and posting of the notice that is required to be sent to the owners of real property within 300 feet of the real property that is the subject of the hearing.
By revising the duties of local government officials with respect to the mailing of specified notices of hearings on land use actions, this bill would impose a state-mandated local program.
The Planning and Zoning Law also requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic hazards, flooding, wildland and urban fires, and climate adaptation and resilience strategies. That law requires that the safety element be reviewed and updated, in the case of flooding and fire hazards, upon the next revision of the housing element after specified dates or, in the case of climate adaptation and resilience strategies, upon either the next revision of a local hazard mitigation plan after a specified date or on or before January 1, 2022, as applicable. That law also requires, after the initial revision of the safety element to address flooding, fires, and climate adaptation and resilience strategies, that for each subsequent revision the planning agency review and, if necessary, revise the safety element to identify new information that was not available during the previous revision of the safety element.
This bill would instead require a planning agency to review and revise the safety element to identify new information, as described above, only to address flooding and fires.
(9)The Fort Ord Reuse Authority Act establishes the Fort Ord Reuse Authority to prepare, adopt, finance, and implement a plan for the use and development of the territory previously occupied by the Fort Ord military base in Monterey County. The act requires the authority to be governed by a 13-member board, as specified, and authorizes a representative designated by the Member of Congress from the 17th Congressional District, a representative designated by the Senator from the 15th Senate District, and a representative designated by the Assembly Member from the 27th Assembly District to serve as ex officio nonvoting members of the board.
This bill would instead authorize a representative designated by each of the Member of Congress, the Senator, and the Assembly Member that has the majority portion of Fort Ord in his or her district to serve as ex officio nonvoting members of the board.
(10)Existing law authorizes specified local entities, including cities, counties, special districts, and other authorized public corporations, to collect fees, tolls, rates, rentals, or other charges for water, sanitation, storm drainage, or sewerage system services and facilities and to fix fees or charges for the privilege of connecting to its sanitation or sewerage facilities and improvements constructed by the entity, as provided. Under existing law, a local entity may collect these charges on the property tax roll at the same time and in the same manner as its general property taxes. Under existing law, an entity may undertake these actions by enactment of an ordinance approved by a 2/3 vote of the members of the legislative body of the entity.
This bill would instead specify that the entity may undertake these actions by ordinance or resolution.
(11)The Fire Protection District Law of 1987 establishes a procedure for the formation of fire protection districts, as specified. That law provides that a district may be formed by adoption of a resolution of application by the legislative body of any county or city which contains territory proposed to be included in the district.
This bill would make a technical change to these provisions.
(12)Existing law, until January 1, 2025, authorizes the Department of General Services, the Department of Corrections and Rehabilitation, and certain local agencies to use the design-build procurement process for specified public works. Existing law defines best value design-build procurement by local-agencies purposes to mean a value determined by evaluation of objective criteria that may include, but are not limited to, price, features, functions, life-cycle costs, experience, and past performance.
This bill would modify that definition to have the objective criteria evaluation, instead relate to those specific criteria.
(13)The Vehicle License Fee Law establishes, in lieu of any ad valorem property tax upon vehicles, an annual license fee for any vehicle subject to registration in this state. Under existing law, the Controller was, until July 1, 2011, required to allocate vehicle license fee revenues in the Motor Vehicle License Fee Account in a specified order to, among others, each city that was incorporated before August 5, 2004. Existing law required the Controller to allocate these revenues in accordance with a specified formula based on, among other factors, the actual population, as defined, of the city. In the case of a city that incorporated on or after January 1, 1987, and before August 5, 2004, existing law also requires the Controller to determine the population of the city as provided based on, among other factors, the actual population, as defined, of the city.
This bill would make technical changes to these provisions.
(14)Under existing law, if an amount due under the Personal Income Tax Law or the Corporation Tax Law, or any amount that the Franchise Tax Board may collect as though it were a tax, is not paid, the board may file in the Office of the County Clerk of Sacramento County, or any other county, a certificate containing specified information about the amount owed and the taxpayer. Existing law requires the county clerk to immediately enter a judgment against the taxpayer in the amount set forth in the certificate.
This bill would instead require the Clerk of the Court to receive the certificate and enter the judgment.
(15)Existing law appropriates moneys in the Highway Users Tax Account for specified transportation purposes and provides for apportionment by the Controller of certain moneys, including revenues derived from taxes imposed by the Use Fuel Tax Law on the use of fuel, to cities and counties.
This bill would additionally specify that apportionment according to the above-described formula includes revenues derived from taxes imposed on the use of liquefied petroleum and natural gas pursuant to the Use Fuel Tax Law.
(16)The Property and Business Improvement District Law of 1994 authorizes cities, counties, cities and counties, and certain joint powers authorities to establish, pursuant to specified procedures, a parking and business improvement district to impose benefit assessments or charges on businesses in the district to fund specified improvements and activities. That law defines activities to include services provided for the purpose of conferring special benefit upon assessed businesses and real property located in the district.
This bill would instead define activities to include services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district.
The Property and Business Improvement District Law of 1994 prohibits the use of revenue from the levy of assessments within a district to provide improvements, maintenance, or activities outside the district.
This bill would allow the provision of certain improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses. The bill would limit the improvements and activities to be offered outside the district boundaries to marketing or signage pointing to the district.
This bill would make various technical and conforming changes to the Property and Business Improvement District Law of 1994.
(17)The Kern County Water Agency Act creates the Kern County Water Agency, consisting of all the territory lying within the exterior boundaries of the County of Kern, and specifies its powers. The act authorizes the board of directors of the agency to employ the county counsel as the attorney for the agency and the county surveyor to supervise the engineering work of the agency, as prescribed. The act requires all other officers of the county to perform the same duties for the agency as performed for the county.
This bill would repeal these provisions relating to county employees.
The act prohibits, unless previously approved by the county board of supervisors, the levying of a tax or assessment, or the creation of a zone of benefit. The act also prohibits, unless previously approved in the form of a budget by the county board of supervisors, an expenditure of funds.
This bill would repeal these provisions requiring county board of supervisor approval.
(18)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.
(1)The Professional Land Surveyors Act, among other things, requires a county recorder to store and index records of survey, and to maintain both original maps and a printed set for public reference. That act specifically requires the county recorder to securely fasten a filed record of survey into a suitable book.
This bill would also authorize a county recorder to store records of survey in any other manner that will assure ensure the maps are kept together.
(2)Existing law prohibits a public entity from demanding a fee or compensation for, among other things, a certified copy of specified military records, and of public records to be used in a claim related to veterans benefits, as specified. Existing law provides that a certified copy of these records may be made available only to the person who is the subject of the record, a family member or legal representative of that person, a county office that provides veterans benefits services, or a federal official upon written request.
This bill would provide that a certified copy of these records may also be made available to a state or city office that provides veterans benefits services upon written request of that office.
By expending expanding the duty of local officials to provide copies of military records, this bill would impose a state-mandated local program.
(3)Existing law authorizes the Secretary of State to appoint and commission notaries public, as provided. Existing law requires every person appointed a notary public, no later than 30 days after the beginning of the term prescribed in the commission, to file an official bond and an oath of office in the office of the county clerk of the county within which the person maintains a principal place of business.
This bill would require a person taking the oath of office before the county clerk to serve as a notary public to present identification documents meeting certain requirements specified in statute as satisfactory evidence of identity.
Existing law requires specified communications between the Secretary of State and notaries public to be made by certified mail. Existing law also specifies that, wherever any notice or communication required by laws to be mailed by registered mail to or by the state, the mailing of the notice by certified mail is deemed a sufficient compliance with that requirement.
This bill would authorize the use of any other means of physical delivery that provides a receipt for these communications.
(4)Existing law requires the State Board of Equalization to, among other things, prescribe rules and regulations to govern local boards of equalization and to prepare and issue instructions to assessors designed to promote uniformity throughout the state, as provided. Existing law requires that these duties, rules, regulations, and instructions include provisions for mobilehomes which are subject to local property taxation.
This bill would additionally require that these duties, rules, regulations, and instructions include provisions for floating homes which are subject to local property taxation.
(4)
(5)Existing law requires the officer of a local agency who has charge of financial records to furnish the Controller with a report of all the financial transactions of the local agency during the preceding fiscal year, as provided. Existing law requires the report to be furnished within 7 months after the close of each fiscal year.
Existing law designates the city clerk as the accounting officer of the city and requires him or her to maintain records reflecting the financial condition of the city. Existing law requires the city clerk to publish the report to the Controller once in a newspaper of general circulation, or cause copies of the statement to be posted in 3 public places designated by city ordinance if there is no newspaper of general circulation, within 120 days after the close of the fiscal year for which the report is compiled.
This bill would instead require the city clerk to publish or post the report consistent with the timelines established in statute for furnishing the report to the Controller.
(6)Existing law prohibits a city, including a charter city, county, or city and county, from enacting or enforcing any ordinance or regulation, other than certain reasonable restrictions, that prohibits the installation of drought tolerant landscaping, synthetic grass, or artificial turf on residential property, as specified. Existing law provides that this is an issue of statewide concern.
This bill would authorize a city, including a charter city, county, or city and county, to impose reasonable restrictions on the installation or design of synthetic grass or artificial turf within the dripline of a tree protected by local ordinance.
(5)
(7)Existing law authorizes the legislative body of a local agency having money in a sinking fund or money in its treasury not required for immediate needs to invest any portion of the money that it deems wise or expedient in specified securities and financial instruments. Existing law requires that certain of these instruments be rated at least A or AA, as applicable, by a nationally recognized statistical rating organization (NRSRO).
This bill would specify that these instruments must be in a ratings category of at least A or AA, as applicable, or its equivalent.
(6)
(8)The Planning and Zoning Law and the Subdivision Map Act require local governments to hold public hearings regarding various land use actions contemplated by those governments. If public notice of the hearing is required, existing law requires that the notice be given in specified ways, including mailing at least 10 days before the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected, and to all owners of real property within 300 feet of the real property that is the subject of the hearing, as provided. Existing law requires that notice mailed to affected local agencies also be published in at least one newspaper of general circulation and posted in at least 3 public places, as provided.
This bill would instead require publication and posting of the notice that is required to be sent to the owners of real property within 300 feet of the real property that is the subject of the hearing.
By revising the duties of local government officials with respect to the mailing of specified notices of hearings on land use actions, this bill would impose a state-mandated local program.
The Planning and Zoning Law also requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic hazards, flooding, wildland and urban fires, and climate adaptation and resilience strategies. That law requires that the safety element be reviewed and updated, in the case of flooding and fire hazards, upon the next revision of the housing element after specified dates or, in the case of climate adaptation and resilience strategies, upon either the next revision of a local hazard mitigation plan after a specified date or on or before January 1, 2022, as applicable. That law also requires, after the initial revision of the safety element to address flooding, fires, and climate adaptation and resilience strategies, that for each subsequent revision the planning agency review and, if necessary, revise the safety element to identify new information that was not available during the previous revision of the safety element.
This bill would instead require a planning agency to review and revise the safety element to identify new information, as described above, only to address flooding and fires.
(7)
(9)The Fort Ord Reuse Authority Act establishes the Fort Ord Reuse Authority to prepare, adopt, finance, and implement a plan for the use and development of the territory previously occupied by the Fort Ord military base in Monterey County. The act requires the authority to be governed by a 13-member board, as specified, and authorizes a representative designated by the Member of Congress from the 17th Congressional District, a representative designated by the Senator from the 15th Senate District, and a representative designated by the Assembly Member from the 27th Assembly District to serve as ex officio nonvoting members of the board.
This bill would instead authorize a representative designated by each of the Member of Congress, the Senator, and the Assembly Member that has the majority portion of Fort Ord in his or her district to serve as ex officio nonvoting members of the board.
(8)
(10)Existing law authorizes specified local entities, including cities, counties, special districts, and other authorized public corporations, to collect fees, tolls, rates, rentals, or other charges for water, sanitation, storm drainage, or sewerage system services and facilities and to fix fees or charges for the privilege of connecting to its sanitation or sewerage facilities and improvements constructed by the entity, as provided. Under existing law, a local entity may collect these charges on the property tax roll at the same time and in the same manner as its general property taxes. Under existing law, an entity may undertake these actions by enactment of an ordinance approved by a 2/3 vote of the members of the legislative body of the entity.
This bill would instead specify that the entity may undertake these actions by ordinance or resolution.
(9)
(11)The Fire Protection District Law of 1987 establishes a procedure for the formation of fire protection districts, as specified. That law provides that a district may be formed by adoption of a resolution of application by the legislative body of any county or city which contains territory proposed to be included in the district.
This bill would make a technical change to these provisions.
(10)
(12)Existing law, until January 1, 2025, authorizes the Department of General Services, the Department of Corrections and Rehabilitation, and certain local agencies to use the design-build procurement process for specified public works. Existing law defines best value design-build procurement by local-agencies purposes to mean a value determined by evaluation of objective criteria that may include, but are not limited to, price, features, functions, life-cycle costs, experience, and past performance.
This bill would modify that definition to have the objective criteria evaluation, instead relate to those specific criteria criteria.
(11)
(13)The Vehicle License Fee Law establishes, in lieu of any ad valorem property tax upon vehicles, an annual license fee for any vehicle subject to registration in this state. Under existing law, the Controller was, until July 1, 2011, required to allocate vehicle license fee revenues in the Motor Vehicle License Fee Account in a specified order to, among others, each city that was incorporated before August 5, 2004. Existing law required the Controller to allocate these revenues in accordance with a specified formula based on, among other factors, the actual population, as defined, of the city. In the case of a city that incorporated on or after January 1, 1987, and before August 5, 2004, existing law also requires the Controller to determine the population of the city as provided based on, among other factors, the actual population, as defined, of the city.
This bill would make technical changes to these provisions.
(12)
(14)Under existing law, if an amount due under the Personal Income Tax Law or the Corporation Tax Law, or any amount that the Franchise Tax Board may collect as though it were a tax, is not paid, the board may file in the Office of the County Clerk of Sacramento County, or any other county, a certificate containing specified information about the amount owed and the taxpayer. Existing law requires the county clerk to immediately enter a judgment against the taxpayer in the amount set forth in the certificate.
This bill would instead require the Clerk of the Court to receive the certificate and enter the judgment.
(13)
(15)Existing law appropriates moneys in the Highway Users Tax Account for specified transportation purposes and provides for apportionment by the Controller of certain moneys, including revenues derived from taxes imposed by the Use Fuel Tax Law on the use of fuel, to cities and counties.
This bill would additionally specify that apportionment according to the above-described formula includes revenues derived from taxes imposed on the use of liquefied petroleum and natural gas pursuant to the Use Fuel Tax Law.
(16)The Property and Business Improvement District Law of 1994 authorizes cities, counties, cities and counties, and certain joint powers authorities to establish, pursuant to specified procedures, a parking and business improvement district to impose benefit assessments or charges on businesses in the district to fund specified improvements and activities. That law defines activities to include services provided for the purpose of conferring special benefit upon assessed businesses and real property located in the district.
This bill would instead define activities to include services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district.
The Property and Business Improvement District Law of 1994 prohibits the use of revenue from the levy of assessments within a district to provide improvements, maintenance, or activities outside the district.
This bill would allow the provision of certain improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses. The bill would limit the improvements and activities to be offered outside the district boundaries to marketing or signage pointing to the district.
This bill would make various technical and conforming changes to the Property and Business Improvement District Law of 1994.
(14)
(17)The Kern County Water Agency Act creates the Kern County Water Agency, consisting of all the territory lying within the exterior boundaries of the County of Kern, and specifies its powers. The act authorizes the board of directors of the agency to employ the county counsel as the attorney for the agency and the county surveyor to supervise the engineering work of the agency, as prescribed. The act requires all other officers of the county to perform the same duties for the agency as performed for the county.
This bill would repeal these provisions relating to county employees.
The act prohibits, unless previously approved by the county board of supervisors, the levying of a tax or assessment, or the creation of a zone of benefit. The act also prohibits, unless previously approved in the form of a budget by the county board of supervisors, an expenditure of funds.
This bill would repeal these provisions requiring county board of supervisor approval.
(15)
(18)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.
(1)The Professional Land Surveyors Act, among other things, requires a county recorder to store and index records of survey, and to maintain both original maps and a printed set for public reference. That act specifically requires the county recorder to securely fasten a filed record of survey into a suitable book.
This bill would also authorize a county recorder to store records of survey in any other manner that will assure the maps are kept together.
(2)Existing law prohibits a public entity from demanding a fee or compensation for, among other things, a certified copy of specified military records, and of public records to be used in a claim related to veterans benefits, as specified. Existing law provides that a certified copy of these records may be made available only to the person who is the subject of the record, a family member or legal representative of that person, a county office that provides veterans benefits services, or a federal official upon written request.
This bill would provide that a certified copy of these records may also be made available to a state or city office that provides veterans benefits services upon written request of that office.
By expending the duty of local officials to provide copies of military records, this bill would impose a state-mandated local program.
(3)Existing law authorizes the Secretary of State to appoint and commission notaries public, as provided. Existing law requires every person appointed a notary public, no later than 30 days after the beginning of the term prescribed in the commission, to file an official bond and an oath of office in the office of the county clerk of the county within which the person maintains a principal place of business.
This bill would require a person taking the oath of office before the county clerk to serve as a notary public to present identification documents meeting certain requirements specified in statute as satisfactory evidence of identity.
Existing law requires specified communications between the Secretary of State and notaries public to be made by certified mail. Existing law also specifies that, wherever any notice or communication required by laws to be mailed by registered mail to or by the state, the mailing of the notice by certified mail is deemed a sufficient compliance with that requirement.
This bill would authorize the use of any other means of physical delivery that provides a receipt for these communications.
(4)Existing law requires the officer of a local agency who has charge of financial records to furnish the Controller with a report of all the financial transactions of the local agency during the preceding fiscal year, as provided. Existing law requires the report to be furnished within 7 months after the close of each fiscal year.
Existing law designates the city clerk as the accounting officer of the city and requires him or her to maintain records reflecting the financial condition of the city. Existing law requires the city clerk to publish the report to the Controller once in a newspaper of general circulation, or cause copies of the statement to be posted in 3 public places designated by city ordinance if there is no newspaper of general circulation, within 120 days after the close of the fiscal year for which the report is compiled.
This bill would instead require the city clerk to publish or post the report consistent with the timelines established in statute for furnishing the report to the Controller.
(5)Existing law authorizes the legislative body of a local agency having money in a sinking fund or money in its treasury not required for immediate needs to invest any portion of the money that it deems wise or expedient in specified securities and financial instruments. Existing law requires that certain of these instruments be rated at least A or AA, as applicable, by a nationally recognized statistical rating organization (NRSRO).
This bill would specify that these instruments must be in a ratings category of at least A or AA, as applicable, or its equivalent.
(1)
(6)The Planning and Zoning Law requires and the Subdivision Map Act require local governments to hold public hearings regarding various land use actions contemplated by those governments. If public notice of the hearing is required, existing law requires that the notice be given in specified ways, including mailing at least 10 days before the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected, and to all owners of real property within 300 feet of the real property that is the subject of the hearing, as provided. Existing law requires that notice mailed to affected local agencies also be published in at least one newspaper of general circulation and posted in at least 3 public places, as provided.
This bill would instead require publication and posting of the notice that is required to be sent to the owners of real property within 300 feet of the real property that is the subject of the hearing.
By revising the duties of local government officials with respect to the mailing of specified notices of hearings on land use actions, this bill would impose a state-mandated local program.
The Planning and Zoning Law also requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic hazards, flooding, wildland and urban fires, and climate adaptation and resilience strategies. That law requires that the safety element be reviewed and updated, in the case of flooding and fire hazards, upon the next revision of the housing element after specified dates or, in the case of climate adaptation and resilience strategies, upon either the next revision of a local hazard mitigation plan after a specified date or on or before January 1, 2022, as applicable. That law also requires, after the initial revision of the safety element to address flooding, fires, and climate adaptation and resilience strategies, that for each subsequent revision the planning agency review and, if necessary, revise the safety element to identify new information that was not available during the previous revision of the safety element.
This bill would instead require a planning agency to review and revise the safety element to identify new information, as described above, only after to address flooding and fires.
(7) The Fort Ord Reuse Authority Act establishes the Fort Ord Reuse Authority to prepare, adopt, finance, and implement a plan for the use and development of the territory previously occupied by the Fort Ord military base in Monterey County. The act requires the authority to be governed by a 13-member board, as specified, and authorizes a representative designated by the Member of Congress from the 17th Congressional District, a representative designated by the Senator from the 15th Senate District, and a representative designated by the Assembly Member from the 27th Assembly District to serve as ex officio nonvoting members of the board.
This bill would instead authorize a representative designated by each of the Member of Congress, the Senator, and the Assembly Member that has the majority portion of Fort Ord in his or her district to serve as ex officio nonvoting members of the board.
(8)Existing law authorizes specified local entities, including cities, counties, special districts, and other authorized public corporations, to collect fees, tolls, rates, rentals, or other charges for water, sanitation, storm drainage, or sewerage system services and facilities and to fix fees or charges for the privilege of connecting to its sanitation or sewerage facilities and improvements constructed by the entity, as provided. Under existing law, a local entity may collect these charges on the property tax roll at the same time and in the same manner as its general property taxes. Under existing law, an entity may undertake these actions by enactment of an ordinance approved by a 2/3 vote of the members of the legislative body of the entity.
This bill would instead specify that the entity may undertake these actions by ordinance or resolution.
(2)
(9)The Fire Protection District Law of 1987 establishes a procedure for the formation of fire protection districts, as specified. That law provides that a district may be formed by adoption of a resolution of application by the legislative body of any county or city which contains territory proposed to be included in the district.
This bill would make a technical change to these provisions.
(3)
(10)Existing law, until January 1, 2025, authorizes the Department of General Services, the Department of Corrections and Rehabilitation, and certain local agencies to use the design-build procurement process for specified public works. Existing law defines best value design-build procurement by local-agencies purposes to mean a value determined by evaluation of objective criteria that may include, but are not limited to, price, features, functions, life-cycle costs, experience, and past performance.
This bill would modify that definition to have the objective criteria evaluation, instead relate to those specific criteria
(4)
(11)The Vehicle License Fee Law establishes, in lieu of any ad valorem property tax upon vehicles, an annual license fee for any vehicle subject to registration in this state. Under existing law, the Controller was, untilnJuly until July 1, 2011, required to allocate vehicle license fee revenues in the Motor Vehicle License Fee Account in a specified order to, among others, each city that was incorporated before August 5, 2004. Existing law required the Controller to allocate these revenues in accordance with a specified formula based on, among other factors, the actual population, as defined, of the city. In the case of a city that incorporated on or after January 1, 1987, and before August 5, 2004, existing law also requires the Controller to determine the population of the city as provided based on, among other factors, the actual population, as defined, of the city.
This bill would make technical changes to these provisions.
(12)Under existing law, if an amount due under the Personal Income Tax Law or the Corporation Tax Law, or any amount that the Franchise Tax Board may collect as though it were a tax, is not paid, the board may file in the Office of the County Clerk of Sacramento County, or any other county, a certificate containing specified information about the amount owed and the taxpayer. Existing law requires the county clerk to immediately enter a judgment against the taxpayer in the amount set forth in the certificate.
This bill would instead require the Clerk of the Court to receive the certificate and enter the judgment.
(5)
(13)Existing law appropriates moneys in the Highway Users Tax Account for specified transportation purposes and provides for apportionment by the Controller of certain moneys, including revenues derived from taxes imposed by the Use Fuel Tax Law on the use of fuel, to cities and counties.
This bill would additionally specify that apportionment according to the above-described formula includes revenues derived from taxes imposed on the use of liquefied petroleum and natural gas pursuant to the Use Fuel Tax Law.
(14)The Kern County Water Agency Act creates the Kern County Water Agency, consisting of all the territory lying within the exterior boundaries of the County of Kern, and specifies its powers. The act authorizes the board of directors of the agency to employ the county counsel as the attorney for the agency and the county surveyor to supervise the engineering work of the agency, as prescribed. The act requires all other officers of the county to perform the same duties for the agency as performed for the county.
This bill would repeal these provisions relating to county employees.
The act prohibits, unless previously approved by the county board of supervisors, the levying of a tax or assessment, or the creation of a zone of benefit. The act also prohibits, unless previously approved in the form of a budget by the county board of supervisors, an expenditure of funds.
This bill would repeal these provisions requiring county board of supervisor approval.
(15)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.
(1)The Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic hazards, flooding, wildland and urban fires, and climate adaptation and resilience strategies. That law requires that the safety element be reviewed and updated, in the case of flooding and fire hazards, upon the next revision of the housing element after specified dates or, in the case of climate adaptation and resilience strategies, upon either the next revision of a local hazard mitigation plan after a specified date or on or before January 1, 2022, as applicable. That law also requires, after the initial revision of the safety element to address flooding, fires, and climate adaptation and resilience strategies, that for each subsequent revision the planning agency review and, if necessary, revise the safety element to identify new information that was not available during the previous revision of the safety element.
This bill would instead require a planning agency to review and revise the safety element to identify new information, as described above, only after to address flooding and fires.
(2)The Fire Protection District Law of 1987 establishes a procedure for the formation of fire protection districts, as specified. That law provides that a district may be formed by adoption of a resolution of application by the legislative body of any county or city which contains territory proposed to be included in the district.
This bill would make a technical change to these provisions.
(3)Existing law, until January 1, 2025, authorizes the Department of General Services, the Department of Corrections and Rehabilitation, and certain local agencies to use the design-build procurement process for specified public works. Existing law defines best value design-build procurement by local-agencies purposes to mean a value determined by evaluation of objective criteria that may include, but are not limited to, price, features, functions, life-cycle costs, experience, and past performance.
This bill would modify that definition to have the objective criteria evaluation, instead relate to those specific criteria
(4)The Vehicle License Fee Law establishes, in lieu of any ad valorem property tax upon vehicles, an annual license fee for any vehicle subject to registration in this state. Under existing law, the Controller was, untilnJuly 1, 2011, required to allocate vehicle license fee revenues in the Motor Vehicle License Fee Account in a specified order to, among others, each city that was incorporated before August 5, 2004. Existing law required the Controller to allocate these revenues in accordance with a specified formula based on, among other factors, the actual population, as defined, of the city. In the case of a city that incorporated on or after January 1, 1987, and before August 5, 2004, existing law also requires the Controller to determine the population of the city as provided based on, among other factors, the actual population, as defined, of the city.
This bill would make technical changes to these provisions.
(5)Existing law appropriates moneys in the Highway Users Tax Account for specified transportation purposes and provides for apportionment by the Controller of certain moneys, including revenues derived from taxes imposed by the Use Fuel Tax Law on the use of fuel, to cities and counties.
This bill would additionally specify that apportionment according to the above-described formula includes revenues derived from taxes imposed on the use of liquefied petroleum and natural gas pursuant to the Use Fuel Tax Law.
(a)This act shall be known, and may be cited, as the Local Government Omnibus Act of 2016.
(b)The Legislature finds and declares that Californians want their governments to be run efficiently and economically and that public officials should avoid waste and duplication whenever possible. The Legislature further finds and declares that it desires to control its own costs by reducing the number of separate bills. Therefore, it is the intent of the Legislature in enacting this act to combine several minor, noncontroversial statutory changes relating to the common theme, purpose, and subject of local government into a single measure.
SEC. 2.Section 8770 of the Business and Professions Code is amended to read:8770.The record of survey filed with the county recorder of any county shall be securely fastened by the county recorder into a suitable book provided for that purpose, or stored in any other manner that will ensure that the maps will be kept together.
The county recorder shall keep proper indexes of such record of survey by the name of grant, tract, subdivision, or United States subdivision.
The original map shall be stored for safekeeping in a reproducible condition. It shall be proper procedure for the recorder to maintain for public reference a set of counter maps that are prints of the original maps, and the original maps to be produced for comparison upon demand.
SEC. 3.Section 6107 of the Government Code is amended to read:6107.(a)A public entity, including the state, a county, city, or other political subdivision, or any officer or employee thereof, including notaries public, shall not demand or receive any fee or compensation for doing any of the following:
(1)Recording, indexing, or issuing certified copies of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States.
(2)Furnishing a certified copy of, or searching for, any public record that is to be used in an application or claim for a pension, allotment, allowance, compensation, insurance (including automatic insurance), or any other benefits under any act of Congress for service in the Armed Forces of the United States or under any law of this state relating to veterans benefits.
(3)Furnishing a certified copy of, or searching for, any public record that is required by the Veterans Administration to be used in determining the eligibility of any person to participate in benefits made available by the Veterans Administration.
(4)Rendering any other service in connection with an application or claim referred to in paragraph (2) or (3).
(b)A certified copy of any record referred to in subdivision (a) may be made available only to one of the following:
(1)The person who is the subject of the record upon presentation of proper photo identification.
(2)A family member or legal representative of the person who is the subject of the record upon presentation of proper photo identification and certification of their relationship to the subject of the record.
(3)A state, county, or city office that provides veterans benefits services upon written request of that office.
(4)A United States official upon written request of that official. A public officer or employee is liable on his or her official bond for failure or refusal to render the services.
(c)(1)If the county recorder receives a written, faxed, or digitized image of a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States referred to in paragraph (1) of subdivision (a) that is accompanied by a notarized statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury, that the requester meets one of the descriptions in subdivision (b), the county recorder may furnish a certified copy to the requester pursuant to this section.
(2)A faxed or digitized image of the notarized statement accompanying a faxed or digitized image of a request received pursuant to this subdivision for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States shall be legible. If the notarys seal is not photographically reproducible, or does not show the name of the notary, the county of the notarys principal place of business, the notarys telephone number, the notarys registration number, and the notarys commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notarys signature in the acknowledgment, the county recorder shall not provide the certified copy. If a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States is made in person, the official shall take a statement sworn under penalty of perjury that the requester is signing his or her own legal name and is an authorized person pursuant to subdivision (b), and that official may then furnish a certified copy to the applicant.
(3)For purposes of this subdivision, digitized image of a request means an image of an original paper request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States.
SEC. 4.Section 8205 of the Government Code is amended to read:8205.(a)It is the duty of a notary public, when requested:
(1)To demand acceptance and payment of foreign and inland bills of exchange, or promissory notes, to protest them for nonacceptance and nonpayment, and, with regard only to the nonacceptance or nonpayment of bills and notes, to exercise any other powers and duties that by the law of nations and according to commercial usages, or by the laws of any other state, government, or country, may be performed by a notary. This paragraph applies only to a notary public employed by a financial institution, during the course and scope of the notarys employment with the financial institution.
(2)To take the acknowledgment or proof of advance health care directives, powers of attorney, mortgages, deeds, grants, transfers, and other instruments of writing executed by any person, and to give a certificate of that proof or acknowledgment, endorsed on or attached to the instrument. The certificate shall be signed by the notary public in the notary publics own handwriting. A notary public may not accept any acknowledgment or proof of any instrument that is incomplete.
(3)To take depositions and affidavits, and administer oaths and affirmations, in all matters incident to the duties of the office, or to be used before any court, judge, officer, or board. Any deposition, affidavit, oath, or affirmation shall be signed by the notary public in the notary publics own handwriting.
(4)To certify copies of powers of attorney under Section 4307 of the Probate Code. The certification shall be signed by the notary public in the notary publics own handwriting.
(b)It shall further be the duty of a notary public, upon written request:
(1)To furnish to the Secretary of State certified copies of the notarys journal.
(2)To respond within 30 days of receiving written requests sent by certified mail or any other means of physical delivery that provides a receipt from the Secretary of States office for information relating to official acts performed by the notary.
SEC. 5.Section 8206 of the Government Code is amended to read:8206.(a)(1)A notary public shall keep one active sequential journal at a time, of all official acts performed as a notary public. The journal shall be kept in a locked and secured area, under the direct and exclusive control of the notary. Failure to secure the journal shall be cause for the Secretary of State to take administrative action against the commission held by the notary public pursuant to Section 8214.1.
(2)The journal shall be in addition to, and apart from, any copies of notarized documents that may be in the possession of the notary public and shall include all of the following:
(A)Date, time, and type of each official act.
(B)Character of every instrument sworn to, affirmed, acknowledged, or proved before the notary.
(C)The signature of each person whose signature is being notarized.
(D)A statement as to whether the identity of a person making an acknowledgment or taking an oath or affirmation was based on satisfactory evidence. If identity was established by satisfactory evidence pursuant to Section 1185 of the Civil Code, the journal shall contain the signature of the credible witness swearing or affirming to the identity of the individual or the type of identifying document, the governmental agency issuing the document, the serial or identifying number of the document, and the date of issue or expiration of the document.
(E)If the identity of the person making the acknowledgment or taking the oath or affirmation was established by the oaths or affirmations of two credible witnesses whose identities are proven to the notary public by presentation of any document satisfying the requirements of paragraph (3) or (4) of subdivision (b) of Section 1185 of the Civil Code, the notary public shall record in the journal the type of documents identifying the witnesses, the identifying numbers on the documents identifying the witnesses, and the dates of issuance or expiration of the documents identifying the witnesses.
(F)The fee charged for the notarial service.
(G)If the document to be notarized is a deed, quitclaim deed, deed of trust, or other document affecting real property, or a power of attorney document, the notary public shall require the party signing the document to place his or her right thumbprint in the journal. If the right thumbprint is not available, then the notary shall have the party use his or her left thumb, or any available finger and shall so indicate in the journal. If the party signing the document is physically unable to provide a thumbprint or fingerprint, the notary shall so indicate in the journal and shall also provide an explanation of that physical condition. This paragraph shall not apply to a trustees deed resulting from a decree of foreclosure or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code, nor to a deed of reconveyance.
(b)If a sequential journal of official acts performed by a notary public is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered unusable as a record of notarial acts and information, the notary public shall immediately notify the Secretary of State by certified or registered mail or any other means of physical delivery that provides a receipt. The notification shall include the period of the journal entries, the notary public commission number, and the expiration date of the commission, and when applicable, a photocopy of any police report that specifies the theft of the sequential journal of official acts.
(c)Upon written request of any member of the public, which request shall include the name of the parties, the type of document, and the month and year in which notarized, the notary shall supply a photostatic copy of the line item representing the requested transaction at a cost of not more than thirty cents ($0.30) per page.
(d)The journal of notarial acts of a notary public is the exclusive property of that notary public, and shall not be surrendered to an employer upon termination of employment, whether or not the employer paid for the journal, or at any other time. The notary public shall not surrender the journal to any other person, except the county clerk, pursuant to Section 8209, or immediately, or if the journal is not present then as soon as possible, upon request to a peace officer investigating a criminal offense who has reasonable suspicion to believe the journal contains evidence of a criminal offense, as defined in Sections 830.1, 830.2, and 830.3 of the Penal Code, acting in his or her official capacity and within his or her authority. If the peace officer seizes the notary journal, he or she must have probable cause as required by the laws of this state and the United States. A peace officer or law enforcement agency that seizes a notary journal shall notify the Secretary of State by facsimile within 24 hours, or as soon as possible thereafter, of the name of the notary public whose journal has been seized. The notary public shall obtain a receipt for the journal, and shall notify the Secretary of State by certified mail any other means of physical delivery that provides a receipt within 10 days that the journal was relinquished to a peace officer. The notification shall include the period of the journal entries, the commission number of the notary public, the expiration date of the commission, and a photocopy of the receipt. The notary public shall obtain a new sequential journal. If the journal relinquished to a peace officer is returned to the notary public and a new journal has been obtained, the notary public shall make no new entries in the returned journal. A notary public who is an employee shall permit inspection and copying of journal transactions by a duly designated auditor or agent of the notary publics employer, provided that the inspection and copying is done in the presence of the notary public and the transactions are directly associated with the business purposes of the employer. The notary public, upon the request of the employer, shall regularly provide copies of all transactions that are directly associated with the business purposes of the employer, but shall not be required to provide copies of any transaction that is unrelated to the employers business. Confidentiality and safekeeping of any copies of the journal provided to the employer shall be the responsibility of that employer.
(e)The notary public shall provide the journal for examination and copying in the presence of the notary public upon receipt of a subpoena duces tecum or a court order, and shall certify those copies if requested.
(f)Any applicable requirements of, or exceptions to, state and federal law shall apply to a peace officer engaged in the search or seizure of a sequential journal.
SEC. 6.Section 8213 of the Government Code is amended to read:8213.(a)No later than 30 days after the beginning of the term prescribed in the commission, every person appointed a notary public shall file an official bond and an oath of office in the office of the county clerk of the county within which the person maintains a principal place of business as shown in the application submitted to the Secretary of State, and the commission shall not take effect unless this is done within the 30-day period. A person appointed to be a notary public shall take and subscribe the oath of office either in the office of that county clerk or before another notary public in that county. If the oath of office is taken and subscribed before the county clerk, the person appointed to be a notary public shall present an identification document meeting the requirements of subparagraph (A) or (B) of paragraph (3), or of subparagraph (A) or (E) or paragraph (4), of subdivision (b) of Section 1185 of the Civil Code to the county clerk as satisfactory evidence of identity. If the oath of office is taken and subscribed before a notary public, the oath and bond may be filed with the county clerk by certified mail or any other means of physical delivery that provides a receipt. Upon the filing of the oath and bond, the county clerk shall immediately transmit to the Secretary of State a certificate setting forth the fact of the filing and containing a copy of the official oath, personally signed by the notary public in the form set forth in the commission and shall immediately deliver the bond to the county recorder for recording. The county clerk shall retain the oath of office for one year following the expiration of the term of the commission for which the oath was taken, after which the oath may be destroyed or otherwise disposed of. The copy of the oath, personally signed by the notary public, on file with the Secretary of State may at any time be read in evidence with like effect as the original oath, without further proof.
(b)If a notary public transfers the principal place of business from one county to another, the notary public may file a new oath of office and bond, or a duplicate of the original bond with the county clerk to which the principal place of business was transferred. If the notary public elects to make a new filing, the notary public shall, within 30 days of the filing, obtain an official seal which shall include the name of the county to which the notary public has transferred. In a case where the notary public elects to make a new filing, the same filing and recording fees are applicable as in the case of the original filing and recording of the bond.
(c)If a notary public submits an application for a name change to the Secretary of State, the notary public shall, within 30 days from the date an amended commission is issued, file a new oath of office and an amendment to the bond with the county clerk in which the principal place of business is located. The amended commission with the name change shall not take effect unless the filing is completed within the 30-day period. The amended commission with the name change takes effect the date the oath and amendment to the bond is filed with the county clerk. If the principal place of business address was changed in the application for name change, either a new or duplicate of the original bond shall be filed with the county clerk with the amendment to the bond. The notary public shall, within 30 days of the filing, obtain an official seal that includes the name of the notary public and the name of the county to which the notary public has transferred, if applicable.
(d)The recording fee specified in Section 27361 of the Government Code shall be paid by the person appointed a notary public. The fee may be paid to the county clerk who shall transmit it to the county recorder.
(e)The county recorder shall record the bond and shall thereafter mail, unless specified to the contrary, it to the person named in the instrument and, if no person is named, to the party leaving it for recording.
SEC. 7.Section 8213.5 of the Government Code is amended to read:8213.5.A notary public shall notify the Secretary of State by certified mail or any other means of physical delivery that provides a receipt within 30 days as to any change in the location or address of the principal place of business or residence. A notary public shall not use a commercial mail receiving agency or post office box as his or her principal place of business or residence, unless the notary public also provides the Secretary of State with a physical street address as the principal place of residence. Willful failure to notify the Secretary of State of a change of address shall be punishable as an infraction by a fine of not more than five hundred dollars ($500).
SEC. 8.Section 8311 of the Government Code is amended to read:8311.Wherever any notice or other communication is required by any law to be mailed by registered mail to or by the state, or any officer or agency thereof, the mailing of such notice or other communication by certified mail or any other means of physical delivery that provides a receipt shall be deemed to be a sufficient compliance with the requirements of such law.
SEC. 9.Section 15606.1 of the Government Code is amended to read:15606.1.The duties, rules, regulations, and instructions as specified in Section 15606 shall include provisions for mobilehomes and floating homes which are subject to local property taxation.
SEC. 10.Section 40805 of the Government Code is amended to read:40805.The report shall be published or posted consistent with the timelines established in Section 53891 after the close of the fiscal year for which the report is compiled.
SEC. 11.Section 53087.7 of the Government Code is amended to read:53087.7.(a)A city, including a charter city, county, or city and county, shall not enact any ordinance or regulation, or enforce any existing ordinance or regulation, that prohibits the installation of drought tolerant landscaping, synthetic grass, or artificial turf on residential property.
(b)A city, including a charter city, county, or city and county, may impose reasonable restrictions on the type of drought tolerant landscaping, synthetic grass, or artificial turf that may be installed on residential property provided that those restrictions do not do any of the following:
(1)Substantially increase the cost of installing drought tolerant landscaping, synthetic grass, or artificial turf.
(2)Effectively prohibit the installation of drought tolerant landscaping, synthetic grass, or artificial turf.
(3)Significantly impede the installation of drought tolerant landscaping, including, but not limited to, a requirement that a residential yard must be completely covered with living plant material.
(c)A city, including a charter city, county, or city and county, may impose reasonable restrictions on the installation or design of synthetic grass or artificial turf within the dripline of a tree protected by local ordinance.
SEC. 12.Section 53601 of the Government Code is amended to read:53601.This section shall apply to a local agency that is a city, a district, or other local agency that does not pool money in deposits or investments with other local agencies, other than local agencies that have the same governing body. However, Section 53635 shall apply to all local agencies that pool money in deposits or investments with other local agencies that have separate governing bodies. The legislative body of a local agency having moneys in a sinking fund or moneys in its treasury not required for the immediate needs of the local agency may invest any portion of the moneys that it deems wise or expedient in those investments set forth below. A local agency purchasing or obtaining any securities prescribed in this section, in a negotiable, bearer, registered, or nonregistered format, shall require delivery of the securities to the local agency, including those purchased for the agency by financial advisers, consultants, or managers using the agencys funds, by book entry, physical delivery, or by third-party custodial agreement. The transfer of securities to the counterparty banks customer book entry account may be used for book entry delivery.
For purposes of this section, counterparty means the other party to the transaction. A counterparty banks trust department or separate safekeeping department may be used for the physical delivery of the security if the security is held in the name of the local agency. Where this section specifies a percentage limitation for a particular category of investment, that percentage is applicable only at the date of purchase. Where this section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement or securities lending agreement authorized by this section, that at the time of the investment has a term remaining to maturity in excess of five years, unless the legislative body has granted express authority to make that investment either specifically or as a part of an investment program approved by the legislative body no less than three months prior to the investment:
(a)Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency.
(b)United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest.
(c)Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state.
(d)Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
(e)Bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.
(f)Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises.
(g)Bankers acceptances otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank. Purchases of bankers acceptances shall not exceed 180 days maturity or 40 percent of the agencys moneys that may be invested pursuant to this section. However, no more than 30 percent of the agencys moneys may be invested in the bankers acceptances of any one commercial bank pursuant to this section.
This subdivision does not preclude a municipal utility district from investing moneys in its treasury in a manner authorized by the Municipal Utility District Act (Division 6 (commencing with Section 11501) of the Public Utilities Code).
(h)Commercial paper of prime quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical rating organization (NRSRO). The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or (2):
(1)The entity meets the following criteria:
(A)Is organized and operating in the United States as a general corporation.
(B)Has total assets in excess of five hundred million dollars ($500,000,000).
(C)Has debt other than commercial paper, if any, that is rated in a rating category of A or its equivalent or higher by an NRSRO.
(2)The entity meets the following criteria:
(A)Is organized within the United States as a special purpose corporation, trust, or limited liability company.
(B)Has programwide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond.
(C)Has commercial paper that is rated A-1 or higher, or the equivalent, by an NRSRO.
Eligible commercial paper shall have a maximum maturity of 270 days or less. Local agencies, other than counties or a city and county, may invest no more than 25 percent of their moneys in eligible commercial paper. Local agencies, other than counties or a city and county, may purchase no more than 10 percent of the outstanding commercial paper of any single issuer. Counties or a city and county may invest in commercial paper pursuant to the concentration limits in subdivision (a) of Section 53635.
(i)Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Purchases of negotiable certificates of deposit shall not exceed 30 percent of the agencys moneys that may be invested pursuant to this section. For purposes of this section, negotiable certificates of deposit do not come within Article 2 (commencing with Section 53630), except that the amount so invested shall be subject to the limitations of Section 53638. The legislative body of a local agency and the treasurer or other official of the local agency having legal custody of the moneys are prohibited from investing local agency funds, or funds in the custody of the local agency, in negotiable certificates of deposit issued by a state or federal credit union if a member of the legislative body of the local agency, or a person with investment decisionmaking authority in the administrative office managers office, budget office, auditor-controllers office, or treasurers office of the local agency also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposit.
(j)(1)Investments in repurchase agreements or reverse repurchase agreements or securities lending agreements of securities authorized by this section, as long as the agreements are subject to this subdivision, including the delivery requirements specified in this section.
(2)Investments in repurchase agreements may be made, on an investment authorized in this section, when the term of the agreement does not exceed one year. The market value of securities that underlie a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102 percent no later than the next business day.
(3)Reverse repurchase agreements or securities lending agreements may be utilized only when all of the following conditions are met:
(A)The security to be sold using a reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale.
(B)The total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency does not exceed 20 percent of the base value of the portfolio.
(C)The agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
(D)Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counterparty using a reverse repurchase agreement or securities lending agreement shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
(4)(A)Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security may be made only upon prior approval of the governing body of the local agency and shall be made only with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with a local agency.
(B)For purposes of this chapter, significant banking relationship means any of the following activities of a bank:
(i)Involvement in the creation, sale, purchase, or retirement of a local agencys bonds, warrants, notes, or other evidence of indebtedness.
(ii)Financing of a local agencys activities.
(iii)Acceptance of a local agencys securities or funds as deposits.
(5)(A)Repurchase agreement means a purchase of securities by the local agency pursuant to an agreement by which the counterparty seller will repurchase the securities on or before a specified date and for a specified amount and the counterparty will deliver the underlying securities to the local agency by book entry, physical delivery, or by third-party custodial agreement. The transfer of underlying securities to the counterparty banks customer book-entry account may be used for book-entry delivery.
(B)Securities, for purposes of repurchase under this subdivision, means securities of the same issuer, description, issue date, and maturity.
(C)Reverse repurchase agreement means a sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase the securities on or before a specified date and includes other comparable agreements.
(D)Securities lending agreement means an agreement under which a local agency agrees to transfer securities to a borrower who, in turn, agrees to provide collateral to the local agency. During the term of the agreement, both the securities and the collateral are held by a third party. At the conclusion of the agreement, the securities are transferred back to the local agency in return for the collateral.
(E)For purposes of this section, the base value of the local agencys pool portfolio shall be that dollar amount obtained by totaling all cash balances placed in the pool by all pool participants, excluding any amounts obtained through selling securities by way of reverse repurchase agreements, securities lending agreements, or other similar borrowing methods.
(F)For purposes of this section, the spread is the difference between the cost of funds obtained using the reverse repurchase agreement and the earnings obtained on the reinvestment of the funds.
(k)Medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision shall be rated in a rating category of A or its equivalent or better by an NRSRO. Purchases of medium-term notes shall not include other instruments authorized by this section and shall not exceed 30 percent of the agencys moneys that may be invested pursuant to this section.
(l)(1)Shares of beneficial interest issued by diversified management companies that invest in the securities and obligations as authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and that comply with the investment restrictions of this article and Article 2 (commencing with Section 53630). However, notwithstanding these restrictions, a counterparty to a reverse repurchase agreement or securities lending agreement is not required to be a primary dealer of the Federal Reserve Bank of New York if the companys board of directors finds that the counterparty presents a minimal risk of default, and the value of the securities underlying a repurchase agreement or securities lending agreement may be 100 percent of the sales price if the securities are marked to market daily.
(2)Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.).
(3)If investment is in shares issued pursuant to paragraph (1), the company shall have met either of the following criteria:
(A)Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
(B)Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years experience investing in the securities and obligations authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and with assets under management in excess of five hundred million dollars ($500,000,000).
(4)If investment is in shares issued pursuant to paragraph (2), the company shall have met either of the following criteria:
(A)Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
(B)Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000).
(5)The purchase price of shares of beneficial interest purchased pursuant to this subdivision shall not include commission that the companies may charge and shall not exceed 20 percent of the agencys moneys that may be invested pursuant to this section. However, no more than 10 percent of the agencys funds may be invested in shares of beneficial interest of any one mutual fund pursuant to paragraph (1).
(m)Moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or other agreement of a local agency, or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements, may be invested in accordance with the statutory provisions governing the issuance of those bonds, indebtedness, or lease installment sale, or other agreement, or to the extent not inconsistent therewith or if there are no specific statutory provisions, in accordance with the ordinance, resolution, indenture, or agreement of the local agency providing for the issuance.
(n)Notes, bonds, or other obligations that are at all times secured by a valid first priority security interest in securities of the types listed by Section 53651 as eligible securities for the purpose of securing local agency deposits having a market value at least equal to that required by Section 53652 for the purpose of securing local agency deposits. The securities serving as collateral shall be placed by delivery or book entry into the custody of a trust company or the trust department of a bank that is not affiliated with the issuer of the secured obligation, and the security interest shall be perfected in accordance with the requirements of the Uniform Commercial Code or federal regulations applicable to the types of securities in which the security interest is granted.
(o)A mortgage passthrough security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond of a maximum of five years maturity. Securities eligible for investment under this subdivision shall be issued by an issuer rated in a rating category of A or its equivalent or better for the issuers debt as provided by an NRSRO and rated in a rating category of AA or its equivalent or better by an NRSRO. Purchase of securities authorized by this subdivision shall not exceed 20 percent of the agencys surplus moneys that may be invested pursuant to this section.
(p)Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
(1)The adviser is registered or exempt from registration with the Securities and Exchange Commission.
(2)The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive.
(3)The adviser has assets under management in excess of five hundred million dollars ($500,000,000).
(q)United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of AA or its equivalent or better by an NRSRO and shall not exceed 30 percent of the agencys moneys that may be invested pursuant to this section.
SEC. 13.Section 65091 of the Government Code is amended to read:65091.(a)When a provision of this title requires notice of a public hearing to be given pursuant to this section, notice shall be given in all of the following ways:
(1)Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the local agency may use records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll. Notice shall also be mailed to the owners duly authorized agent, if any, and to the project applicant.
(2)When the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7) requires notice of a public hearing to be given pursuant to this section, notice shall also be given to any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to Section 883.230 of the Civil Code.
(3)Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
(4)Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the local agency may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or paragraph (1) is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days prior to the hearing.
(5)If the notice is mailed or delivered pursuant to paragraph (4), the notice shall also either be:
(A)Published pursuant to Section 6061 in at least one newspaper of general circulation within the local agency which is conducting the proceeding at least 10 days prior to the hearing.
(B)Posted at least 10 days prior to the hearing in at least three public places within the boundaries of the local agency, including one public place in the area directly affected by the proceeding.
(b)The notice shall include the information specified in Section 65094.
(c)In addition to the notice required by this section, a local agency may give notice of the hearing in any other manner it deems necessary or desirable.
(d)Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit. The Legislature finds that access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem; therefore, this subdivision shall be applicable to charter cities.
SEC. 14.Section 65302 of the Government Code, as amended by Section 1 of Chapter 608 of the Statutes of 2015, is amended to read:65302.The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:
(a)A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:
(1)Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5).
(2)Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.
(A)In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources.
(B)The following definitions govern this paragraph:
(i)Military readiness activities mean all of the following:
(I)Training, support, and operations that prepare the men and women of the military for combat.
(II)Operation, maintenance, and security of any military installation.
(III)Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.
(ii)Military installation means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined in paragraph (1) of subsection (g) of Section 2687 of Title 10 of the United States Code.
(b)(1)A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, all correlated with the land use element of the plan.
(2)(A)Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan.
(B)For purposes of this paragraph, users of streets, roads, and highways mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.
(c)A housing element as provided in Article 10.6 (commencing with Section 65580).
(d)(1)A conservation element for the conservation, development, and utilization of natural resources including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county.
(2)The conservation element may also cover all of the following:
(A)The reclamation of land and waters.
(B)Prevention and control of the pollution of streams and other waters.
(C)Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.
(D)Prevention, control, and correction of the erosion of soils, beaches, and shores.
(E)Protection of watersheds.
(F)The location, quantity and quality of the rock, sand, and gravel resources.
(3)Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management.
(e)An open-space element as provided in Article 10.5 (commencing with Section 65560).
(f)(1)A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:
(A)Highways and freeways.
(B)Primary arterials and major local streets.
(C)Passenger and freight online railroad operations and ground rapid transit systems.
(D)Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation.
(E)Local industrial plants, including, but not limited to, railroad classification yards.
(F)Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.
(2)Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in paragraphs (1) to (6), inclusive.
(3)The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise.
(4)The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the states noise insulation standards.
(g)(1)A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.
(2)The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:
(A)Identify information regarding flood hazards, including, but not limited to, the following:
(i)Flood hazard zones. As used in this subdivision, flood hazard zone means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency (FEMA). The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses permitted within flood hazard zones will be free from flooding or flood damage.
(ii)National Flood Insurance Program maps published by FEMA.
(iii)Information about flood hazards that is available from the United States Army Corps of Engineers.
(iv)Designated floodway maps that are available from the Central Valley Flood Protection Board.
(v)Dam failure inundation maps prepared pursuant to Section 8589.5 that are available from the Office of Emergency Services.
(vi)Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.
(vii)Maps of levee protection zones.
(viii)Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.
(ix)Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding.
(x)Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities.
(xi)Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.
(B)Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:
(i)Avoiding or minimizing the risks of flooding to new development.
(ii)Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones.
(iii)Maintaining the structural and operational integrity of essential public facilities during flooding.
(iv)Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.
(v)Establishing cooperative working relationships among public agencies with responsibility for flood protection.
(C)Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).
(3)Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Researchs most recent publication of Fire Hazard Planning, General Plan Technical Advice Series and shall also include all of the following:
(A)Information regarding fire hazards, including, but not limited to, all of the following:
(i)Fire hazard severity zone maps available from the Department of Forestry and Fire Protection.
(ii)Any historical data on wildfires available from local agencies or a reference to where the data can be found.
(iii)Information about wildfire hazard areas that may be available from the United States Geological Survey.
(iv)General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open space designations of homeowner associations.
(v)Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.
(B)A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire.
(C)A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B) including, but not limited to, all of the following:
(i)Avoiding or minimizing the wildfire hazards associated with new uses of land.
(ii)Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.
(iii)Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.
(iv)Working cooperatively with public agencies with responsibility for fire protection.
(D)If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or countys adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph.
(4)Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Researchs General Plan Guidelines and shall include all of the following:
(A)(i)A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3).
(ii)Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:
(I)Information from the Internet-based Cal-Adapt tool.
(II)Information from the most recent version of the California Adaptation Planning Guide.
(III)Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.
(IV)Information from local agencies on their current ability to deal with the impacts of climate change.
(V)Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged.
(VI)Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities.
(VII)Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services.
(B)A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.
(C)A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B) including, but not limited to, all of the following:
(i)Feasible methods to avoid or minimize climate change impacts associated with new uses of land.
(ii)The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas.
(iii)The designation of adequate and feasible infrastructure located in an at-risk area.
(iv)Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.
(v)The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For the purposes of this clause, natural infrastructure means the preservation or restoration of ecological systems, or utilization of engineered systems that use ecological processes, to increase resiliency to climate change, manage other environmental hazards, or both. This may include, but is not limited to, floodplain and wetlands restoration or preservation, combining levees with restored natural systems to reduce flood risk, and urban tree planting to mitigate high heat days.
(D)(i)If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document.
(ii)Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions, climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met.
(5)After the initial revision of the safety element pursuant to paragraphs (2) and (3), upon each revision of the housing element, the planning agency shall review and, if necessary, revise the safety element to identify new information relating to flood and fire hazards that was not available during the previous revision of the safety element.
(6)Cities and counties that have flood plain management ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the flood plain ordinance, specifically showing how each requirement of this subdivision has been met.
(7)Prior to the periodic review of its general plan and prior to preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision.
(8)To the extent that a countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys planning area in satisfaction of the requirement imposed by this subdivision.
SEC. 15.Section 67661 of the Government Code is amended to read:67661.The following may serve as ex officio nonvoting members of the board:
(a)A representative appointed by the Monterey Peninsula Community College District.
(b)A representative appointed by the Monterey Peninsula Unified School District.
(c)A representative designated by the Member of Congress that has the majority portion of Ford Ord in his or her Congressional District.
(d)A representative designated by the Senator that has the majority portion of Ford Ord in his or her Senate District.
(e)A representative designated by the Assembly Member that has the majority portion of Ford Ord in his or her Assembly District.
(f)A representative designated by the United States Army.
(g)A representative designated by the Chancellor of the California State University.
(h)A representative designated by the President of the University of California.
(i)A representative designated by the Monterey County Water Resources Agency.
(j)A representative designated by the Transportation Agency of Monterey County.
SEC. 16.Section 5471 of the Health and Safety Code is amended to read:5471.(a)In addition to the powers granted in the principal act, any entity shall have power, by an ordinance or resolution approved by a two-thirds vote of the members of the legislative body thereof, to prescribe, revise and collect, fees, tolls, rates, rentals, or other charges for services and facilities furnished by it, either within or without its territorial limits, in connection with its water, sanitation, storm drainage, or sewerage system.
(b)In addition to the powers granted in the principal act, any entity shall have power, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, to prescribe, revise, and collect water, sewer, or water and sewer standby or immediate availability charges for services and facilities furnished by it, either within or without its territorial limits, in connection with its water, sanitation, storm drainage, or sewerage system.
(c)The entity may provide that the charge for the service shall be collected with the rates, tolls, and charges for any other utility, and that any or all of these charges may be billed upon the same bill. Where the charge is to be collected with the charges for any other utility service furnished by a department or agency of the entity and over which its legislative body does not exercise control, the consent of the department or agency shall be obtained prior to collecting water, sanitation, storm drainage, or sewerage charges with the charges for any other utility. Revenues derived under the provisions in this section, shall be used only for the acquisition, construction, reconstruction, maintenance, and operation of water systems and sanitation, storm drainage, or sewerage facilities, to repay principal and interest on bonds issued for the construction or reconstruction of these water systems and sanitary, storm drainage, or sewerage facilities and to repay federal or state loans or advances made to the entity for the construction or reconstruction of water systems and sanitary, storm drainage, or sewerage facilities. However, the revenue shall not be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor, and outfall sewers.
(d)If the procedures set forth in this section as it read at the time a standby charge was established were followed, the entity may, by ordinance or resolution adopted by a two-thirds vote of the members of the legislative body thereof, continue the charge pursuant to this section in successive years at the same rate. If new, increased, or extended assessments are proposed, the entity shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.
SEC. 17.Section 5473 of the Health and Safety Code is amended to read:5473.Any entity which has adopted an ordinance or resolution pursuant to this article or an order pursuant to Section 6520.5 may, by such ordinance or resolution or by separate ordinances or resolutions approved by a two-thirds vote of the members of the legislative body thereof, elect to have such charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes. In such event, it shall cause a written report to be prepared each year and filed with the clerk, which shall contain a description of each parcel of real property receiving such services and facilities and the amount of the charge for each parcel for the year, computed in conformity with the charges prescribed by the ordinance or resolution.
Any ordinance or resolution adopted pursuant to this section authorizing the collection of charges on the tax roll shall remain in effect for the time specified in the ordinance or resolution or, if no time is specified in the ordinance or resolution, until repealed or until a change is made in the rates charged by the entity.
The powers authorized by this section shall be alternative to all other powers of any entity, and alternative to other procedures adopted by the legislative body thereof for the collection of such charges.
The real property may be described by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the county assessor or by reference to plats or maps on file in the office of the clerk.
SEC. 18.Section 5474 of the Health and Safety Code is amended to read:5474.An entity shall have the power by ordinance or resolution approved by two-thirds vote of the members of the legislative body thereof to fix fees or charges for the privilege of connecting to its sanitation or sewerage facilities and improvements constructed by the entity pursuant to Sections 5463 and 5464, to fix the time or times at which the fees or charges shall become due, to provide for the payment of the fees or charges prior to connection or in installments over a period of not to exceed 30 years, to provide the rate of interest, not to exceed 12 percent per annum, to be charged on the unpaid balance of the fees or charges, and to provide that the amount of the fees or charges and the interest thereon shall constitute a lien against the respective lots or parcels of land to which the facilities are connected at the time and in the manner specified in Sections 5473.5 and 5473.8. Prior to making the fees or charges a lien against the land, the legislative body shall give notice to the owners of the lots or parcels of land affected, and the notice shall set forth all of the following:
(a)The schedule of fees or charges to be imposed by the entity.
(b)A description of the property subject to the fees or charges, which description may be by reference to a plat or diagram on file in the office of the clerk of the legislative body, or to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the county assessor.
(c)The time or times at which the fees or charges shall become due.
(d)The number of installments in which the fees or charges shall be payable.
(e)The rate of interest, not to exceed 12 percent per annum, to be charged on the unpaid balance of the fees or charges.
(f)That it is proposed that the fees or charges and interest thereon shall constitute a lien against the lots or parcels of land to which the facilities are furnished.
(g)The time and place at which the legislative body will hold a hearing at which persons may appear and present any and all objections they may have to the imposition of the fees or charges as a lien against the land.
SEC. 19.Section 5474.8 of the Health and Safety Code is amended to read:5474.8.Fees or charges imposed by an entity by ordinance or resolution adopted pursuant to Section 5474 may differ in amount or method of computation from fees or charges imposed by any other ordinance or resolution of such entity adopted pursuant to Section 5474.
SEC. 20.Section 13822 of the Health and Safety Code is amended to read:13822.Once the chief petitioners have filed a sufficient petition or a legislative body has filed a resolution of application, the local agency formation commission shall proceed pursuant to Chapter 5 (commencing with Section 56825) of Part 3 of Division 3 of Title 5 of the Government Code.
SEC. 21.Section 22161 of the Public Contract Code, as amended by Section 2 of Chapter 715 of the Statutes of 2015, is amended to read:22161.For purposes of this chapter, the following definitions apply:
(a)Best value means a value determined by evaluation of objective criteria that relate to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the local agency and meeting the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring agency, or a tradeoff between price and other specified factors.
(b)Construction subcontract means each subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the State of California that, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team.
(c)Design-build means a project delivery process in which both the design and construction of a project are procured from a single entity.
(d)Design-build entity means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract.
(e)Design-build team means the design-build entity itself and the individuals and other entities identified by the design-build entity as members of its team. Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors.
(f)Local agency means the following:
(1)A city, county, or city and county.
(2)A special district that operates wastewater facilities, solid waste management facilities, water recycling facilities, or fire protection facilities.
(3)Any transit district, included transit district, municipal operator, included municipal operator, any consolidated agency, as described in Section 132353.1 of the Public Utilities Code, any joint powers authority formed to provide transit service, any county transportation commission created pursuant to Section 130050 of the Public Utilities Code, or any other local or regional agency, responsible for the construction of transit projects.
(4)The San Diego Association of Governments, as referenced in the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7 of the Public Utilities Code).
(g)(1)For a local agency defined in paragraph (1) of subdivision (f), project means the construction of a building or buildings and improvements directly related to the construction of a building or buildings, county sanitation wastewater treatment facilities, and park and recreational facilities, but does not include the construction of other infrastructure, including, but not limited to, streets and highways, public rail transit, or water resources facilities and infrastructure. For a local agency defined in paragraph (1) of subdivision (f) that operates wastewater facilities, solid waste management facilities, or water recycling facilities, project also means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, or regional and local water recycling facilities.
(2)For a local agency defined in paragraph (2) of subdivision (f), project means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, regional and local water recycling facilities, or fire protection facilities.
(3)For a local agency defined in paragraph (3) of subdivision (f), project means a transit capital project that begins a project solicitation on or after January 1, 2015. A project, as defined by this paragraph, that begins the solicitation process before January 1, 2015, is subject to Article 6.8 (commencing with Section 20209.5) of Chapter 1. Project, as defined by this paragraph, does not include state highway construction or local street and road projects.
(4)For a local agency defined in paragraph (4) of subdivision (f), project has the same meaning as in paragraph (3), and in addition shall include development projects adjacent, or physically or functionally related, to transit facilities developed or jointly developed by the local agency.
SEC. 22.Section 11005 of the Revenue and Taxation Code is amended to read:11005.After payment of refunds therefrom and after making the deductions authorized by Section 11003 and reserving the amount determined necessary by the Pooled Money Investment Board to meet the transfers ordered or proposed to be ordered pursuant to Section 16310 of the Government Code, the balance of all motor vehicle license fees and any other money appropriated by law for expenditure pursuant to this section, deposited to the credit of the Motor Vehicle License Fee Account in the Transportation Tax Fund, and remaining unexpended in that account at the close of business on the last day of the calendar month, shall be allocated by the Controller by the 10th day of the following month in accordance with the following:
(a)On and after July 1, 2011, to the Local Law Enforcement Services Account in the Local Revenue Fund 2011, as established by Section 30025 of the Government Code, for allocation to cities, counties, and cities and counties.
(b)On or after July 1, 2004, but before July 1, 2011:
(1)First, to the County of Orange. For the 200405 fiscal year, that county shall be allocated fifty-four million dollars ($54,000,000) in monthly installments. For the 200506 fiscal year and each fiscal year thereafter, that county shall receive, in monthly installments, an amount equal to the amount allocated under this section for the prior fiscal year, adjusted for the percentage change in the amount of revenues credited to the Motor Vehicle License Fee Account in the Transportation Tax Fund from the revenues credited to that account in the prior fiscal year. Moneys allocated to the County of Orange under this subdivision shall be used first for the service of indebtedness as provided in paragraph (1) of subdivision (a) of Section 11001.5. Any amounts in excess of the amount required for this service of indebtedness may be used by that county for any lawful purpose.
(2)Second, to each city, the population of which is determined under Section 11005.3 on August 5, 2004, in an amount equal to the additional amount of vehicle license fee revenue, including offset transfers, that would be allocated to that city under Sections 11000 and 11005, as those sections read on January 1, 2004, as a result of that citys population being determined under subdivision (a) or (b) of Section 11005.3.
(3)Third, to each city that was incorporated from an unincorporated territory after August 5, 2004, in an amount equal to the product of the following two amounts:
(A)The quotient derived from the following fraction:
(i)The numerator is the product of the following two amounts:
(I)Fifty dollars ($50) per year.
(II)The fraction determined as the total amount of vehicle license fee revenue collected during the most recent fiscal year divided by the total amount of vehicle license fee revenue collected during the 200405 fiscal year.
(ii)The denominator is the fraction determined as the actual population, as defined in subdivision (d) of Section 11005.3, of all cities during the most recent fiscal year, divided by the actual population, as defined in subdivision (d) of Section 11005.3, of all cities in the 200405 fiscal year.
(B)The citys population determined in accordance with Section 11005.3.
(4)Fourth, to each city that was incorporated before August 5, 2004, in an amount equal to the product of the following two amounts:
(A)The quotient derived from the following fraction:
(i)The numerator is the product of the following two amounts:
(I)Fifty dollars ($50) per year.
(II)The fraction determined as the total amount of vehicle license fee revenue collected during the most recent fiscal year divided by the total amount of vehicle license fee revenue collected during the 200405 fiscal year.
(ii)The denominator is the fraction determined as the actual population, as defined in subdivision (d) of Section 11005.3, of all cities during the most recent fiscal year, divided by the actual population, as defined in subdivision (d) of Section 11005.3, of all cities in the 200405 fiscal year.
(B)The actual population, as defined in subdivision (d) of Section 11005.3, residing in areas annexed after August 5, 2004, as of the date of annexation.
(5)Fifth, to the cities and cities and counties of this state in the proportion that the population of each city or city and county bears to the total population of all cities and cities and counties in this state, as determined by the Demographic Research Unit of the Department of Finance. For the purpose of this subdivision, the population of each city or city and county shall be determined in accordance with Section 11005.3.
SEC. 23.Section 11005.3 of the Revenue and Taxation Code is amended to read:11005.3.(a)In the case of a city that incorporated on or after January 1, 1987, and before August 5, 2004, the Controller shall determine that the population of the city for its first 10 full fiscal years, and any portion of the first year in which the incorporation is effective if less than a full fiscal year, is the greater of either:
(1)The number of registered voters in the city multiplied by three. The number of registered voters shall be calculated as of the effective date of the incorporation of the city.
(2)The actual population, as defined in subdivision (d).
(b)In the case of a city that incorporated on or after January 1, 1987, and before August 5, 2004, and for which the application for incorporation was filed with the executive officer of the local agency formation commission pursuant to subdivision (a) of Section 56828 of the Government Code on or after January 1, 1991, the Controller shall determine that the population of the city for its first seven full fiscal years, and any portion of the first year in which the incorporation is effective if less than a full fiscal year, is the greater of either:
(1)The number of registered voters in the city multiplied by three. The number of registered voters shall be calculated as of the effective date of the incorporation of the city.
(2)The actual population, as defined in subdivision (d).
(c)In the case of a city that was incorporated from unincorporated territory after August 5, 2004, the Controller shall determine the population of the city as follows:
(1)For its first 12 months, 150 percent of the citys actual population.
(2)For its 13th through 24th months, 140 percent of the citys actual population.
(3)For its 25th through 36th months, 130 percent of the citys actual population.
(4)For its 37th through 48th months, 120 percent of the citys actual population.
(5)For its 49th through 60th months, 110 percent of the citys actual population.
(6)After its 60th month, the citys actual population.
(d)For purposes of this section, actual population means the population determined by the last federal decennial or special census, or a subsequent census validated by the Demographic Research Unit of the Department of Finance or subsequent estimate prepared pursuant to Section 2107.2 of the Streets and Highways Code.
(e)In the case of unincorporated territory being annexed to a city, during the 10-year, 7-year, or 5-year period following incorporation, as the case may be, subsequent to the last federal census, or a subsequent census validated by the Demographic Research Unit of the Department of Finance, the unit shall determine the population of the annexed territory by the use of any federal decennial or special census or any estimate prepared pursuant to Section 2107.2 of the Streets and Highways Code. The population of the annexed territory as determined by the Demographic Research Unit shall be added to the citys population as previously determined by the Controller pursuant to paragraph (1) or (2) of subdivision (a), paragraph (1) or (2) of subdivision (b), or subdivision (c), as applicable.
(f)After the 10-year, 7-year, or 5-year period following incorporation, as the case may be, the Controller shall determine the population of the city as the citys actual population, as defined in subdivision (d).
(g)The amendments made to this section by the act adding this subdivision shall not apply with respect to either of the following:
(1)Any city that has adopted an ordinance or resolution, approved a ballot measure, or is subject to a consent decree or court order, that annually limits the number of housing units that may be constructed within the city.
(2)Any city that has not prepared and adopted a housing element in compliance with Section 65585 of the Government Code.
(h)This section shall become operative July 1, 1991.
SEC. 24.Section 19201 of the Revenue and Taxation Code is amended to read:19201.If any amount due under Part 10 (commencing with Section 17001), Part 11 (commencing with Section 23001), or any amount that may be collected by the Franchise Tax Board as though it were a tax, is not paid, the Franchise Tax Board may file in the Office of the Clerk of the Court of Sacramento County, or any other county, a certificate specifying the amount due, the name and last known address of the taxpayer liable for the amount due, and the fact that the Franchise Tax Board has complied with all provisions of the law in the computation and levy of the amount due, and a request that judgment be entered against the taxpayer in the amount set forth in the certificate.
SEC. 25.Section 19202 of the Revenue and Taxation Code is amended to read:19202.The clerk of the court immediately upon the filing of the certificate shall enter a judgment for the people of the State of California against the taxpayer in the amount set forth in the certificate. The clerk of the court may file the judgment in a loose-leaf book entitled Personal Income Tax Judgments or Bank and Corporation Tax Judgments, as appropriate.
SEC. 26.Section 2105 of the Streets and Highways Code is amended to read:2105.Notwithstanding Section 13340 of the Government Code, in addition to the apportionments prescribed by Sections 2104, 2106, and 2107, from the revenues derived from a per gallon tax imposed pursuant to Section 7360 of the Revenue and Taxation Code, and a per gallon tax imposed pursuant to Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation Code, and a per gallon tax imposed pursuant to Sections 60050 and 60115 of the Revenue and Taxation Code, the following apportionments shall be made:
(a)A sum equal to 1.035 cents ($0.01035) per gallon from the tax under Section 7360 of the Revenue and Taxation Code, 11.5 percent of any per gallon tax in excess of nine cents ($0.09) per gallon under Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation Code, and 1.035 cents ($0.01035) per gallon from the tax under Sections 60050 and 60115 of the Revenue and Taxation Code, shall be apportioned among the counties, including a city and county.
The amount of apportionment to each county, including a city and county, during a fiscal year shall be calculated as follows:
(1)One million dollars ($1,000,000) for apportionment to all counties, including a city and county, in proportion to each countys receipts during the prior fiscal year under Sections 2104 and 2106.
(2)One million dollars ($1,000,000) for apportionment to all counties, including a city and county, as follows:
(A)Seventy-five percent in the proportion that the number of fee-paid and exempt vehicles which are registered in the county bears to the number of fee-paid and exempt vehicles registered in the state.
(B)Twenty-five percent in the proportion that the number of miles of maintained county roads in the county bears to the miles of maintained county roads in the state.
(3)For each county, determine its factor which is the higher amount calculated pursuant to paragraph (1) or (2) divided by the sum of the higher amounts for all of the counties.
(4)The amount to be apportioned to each county is equal to its factor multiplied by the amount available for apportionment.
(b)A sum equal to 1.035 cents ($0.01035) per gallon from the tax under Section 7360 of the Revenue and Taxation Code, 11.5 percent of any per gallon tax in excess of nine cents ($0.09) per gallon under Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation Code, and 1.035 cents ($0.01035) per gallon from the tax under Sections 60050 and 60115 of the Revenue and Taxation Code, shall be apportioned to cities, including a city and county, in the proportion that the total population of the city bears to the total population of all the cities in the state.
(c)(1)Transfers of revenues from the Highway Users Tax Account to counties or cities pursuant to this section collected during the months of March, April, May, June, and July of 2008, shall be made with the transfer of August 2008 revenues in September of 2008. This suspension shall not apply to a county with a population of less than 40,000.
(2)For the purpose of meeting the cash obligations associated with ongoing budgeted costs, a city or county may make use of any cash balance in the city account that is designated for the receipt of state funds allocated for local streets and roads or the county road fund, including that resulting from the receipt of funds pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code (hereafter bond act)) for local streets and roads maintenance, during the period of this suspension, without the use of this cash being reflected as an expenditure of bond act funds, provided the cash is replaced once this suspension is repaid in September of 2008. Counties and cities may accrue the revenue received in September 2008 as repayment of these suspensions for the months of April, May, and June of 2008 back to the 200708 fiscal year. Nothing in this paragraph shall change the fact that expenditures must be accrued and reflected from the appropriate funding sources for which the moneys were received and meet all the requirements of those funding sources.
(d)(1)The transfer of revenues from the Highway Users Tax Account to counties or cities pursuant to this section collected during the months of January, February, and March 2009 shall be made with the transfer of April 2009 revenues in May 2009.
(2)For the purpose of meeting the cash obligations associated with ongoing budgeted costs, a city or county may make use of any cash balance in the city account that is designated for the receipt of state funds allocated for local streets and roads or the county road fund, including that resulting from the receipt of funds pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code (bond act)) for local streets and roads maintenance, during the period of this suspension, and the use of this cash shall not be considered as an expenditure of bond act funds, if the cash is replaced when the payments that are suspended pursuant to this subdivision are repaid in May 2009.
(3)This subdivision shall not affect any requirement that an expenditure is required to be accrued and reflected from the appropriate funding source for which the money was received and to meet all the requirements of its funding source.
SEC. 27.Section 36601 of the Streets and Highways Code is amended to read:36601.The Legislature finds and declares all of the following:
(a)Businesses located and operating within business districts in some of this states communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts.
(b)It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts.
(c)It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d)Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them.
(e)Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1)Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2)Job creation.
(3)Business attraction.
(4)Business retention.
(5)Economic growth.
(6)New investments.
(f)With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment.
(g)Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIIID to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIIID of the Constitution provides that property-based districts may only levy assessments for special benefits.
(h)The act amending this section is intended to provide the Legislatures guidance with regard to this act, its interaction with the provisions of Article XIIID of the Constitution, and the determination of special benefits in property-based districts.
(1)The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property.
(2)Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits. The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.
(3)It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits. Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.
SEC. 28.Section 36606 of the Streets and Highways Code is amended to read:36606.Activities means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a)Promotion of public events.
(b)Furnishing of music in any public place.
(c)Promotion of tourism within the district.
(d)Marketing and economic development, including retail retention and recruitment.
(e)Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality.
(f)Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district.
SEC. 29.Section 36610 of the Streets and Highways Code is amended to read:36610.Improvement means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a)Parking facilities.
(b)Benches, booths, kiosks, display cases, pedestrian shelters and signs.
(c)Trash receptacles and public restrooms.
(d)Lighting and heating facilities.
(e)Decorations.
(f)Parks.
(g)Fountains.
(h)Planting areas.
(i)Closing, opening, widening, or narrowing of existing streets.
(j)Facilities or equipment, or both, to enhance security of persons and property within the district.
(k)Ramps, sidewalks, plazas, and pedestrian malls.
(l)Rehabilitation or removal of existing structures.
SEC. 30.Section 36625 of the Streets and Highways Code is amended to read:36625.(a)If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1)A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district.
(2)The number, date of adoption, and title of the resolution of intention.
(3)The time and place where the public hearing was held concerning the establishment of the district.
(4)A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5)A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part.
(6)A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district. Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district.
(7)A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8)In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b)The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.
SEC. 31.Section 36670 of the Streets and Highways Code is amended to read:36670.(a)Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1)If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment.
(2)During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment.
(b)The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention.
SEC. 32.Section 7.3 of the Kern County Water Agency Act (Chapter 1003 of the Statutes of 1961), as amended by Section 2 of Chapter 832 of the Statutes of 1972, is repealed.SEC. 33.Section 7.6 of the Kern County Water Agency Act (Chapter 1003 of the Statutes of 1961), as added by Section 2 of Chapter 49 of the Statutes of 1982, is amended to read:Sec.7.6.(a)The board of directors shall not approve an agency budget unless the board has first conducted a public hearing.
(b)The board shall publish a notice of the hearing pursuant to Section 6066 of the Government Code.
SEC. 34.Section 8 of the Kern County Water Agency Act (Chapter 1003 of the Statutes of 1961) is repealed.SEC. 35.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)This act shall be known, and may be cited, as the Local Government Omnibus Act of 2016.
(b)The Legislature finds and declares that Californians want their governments to be run efficiently and economically and that public officials should avoid waste and duplication whenever possible. The Legislature further finds and declares that it desires to control its own costs by reducing the number of separate bills. Therefore, it is the intent of the Legislature in enacting this act to combine several minor, noncontroversial statutory changes relating to the common theme, purpose, and subject of local government into a single measure.
SEC. 2.Section 8770 of the Business and Professions Code is amended to read:8770.The record of survey filed with the county recorder of any county shall be securely fastened by the county recorder into a suitable book provided for that purpose, or stored in any other manner that will ensure that the maps will be kept together.
The county recorder shall keep proper indexes of such record of survey by the name of grant, tract, subdivision, or United States subdivision.
The original map shall be stored for safekeeping in a reproducible condition. It shall be proper procedure for the recorder to maintain for public reference a set of counter maps that are prints of the original maps, and the original maps to be produced for comparison upon demand.
SEC. 3.Section 6107 of the Government Code is amended to read:6107.(a)A public entity, including the state, a county, city, or other political subdivision, or any officer or employee thereof, including notaries public, shall not demand or receive any fee or compensation for doing any of the following:
(1)Recording, indexing, or issuing certified copies of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States.
(2)Furnishing a certified copy of, or searching for, any public record that is to be used in an application or claim for a pension, allotment, allowance, compensation, insurance (including automatic insurance), or any other benefits under any act of Congress for service in the Armed Forces of the United States or under any law of this state relating to veterans benefits.
(3)Furnishing a certified copy of, or searching for, any public record that is required by the Veterans Administration to be used in determining the eligibility of any person to participate in benefits made available by the Veterans Administration.
(4)Rendering any other service in connection with an application or claim referred to in paragraph (2) or (3).
(b)A certified copy of any record referred to in subdivision (a) may be made available only to one of the following:
(1)The person who is the subject of the record upon presentation of proper photo identification.
(2)A family member or legal representative of the person who is the subject of the record upon presentation of proper photo identification and certification of their relationship to the subject of the record.
(3)A state, county, or city office that provides veterans benefits services upon written request of that office.
(4)A United States official upon written request of that official. A public officer or employee is liable on his or her official bond for failure or refusal to render the services.
(c)(1)If the county recorder receives a written, faxed, or digitized image of a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States referred to in paragraph (1) of subdivision (a) that is accompanied by a notarized statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury, that the requester meets one of the descriptions in subdivision (b), the county recorder may furnish a certified copy to the requester pursuant to this section.
(2)A faxed or digitized image of the notarized statement accompanying a faxed or digitized image of a request received pursuant to this subdivision for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States shall be legible. If the notarys seal is not photographically reproducible, or does not show the name of the notary, the county of the notarys principal place of business, the notarys telephone number, the notarys registration number, and the notarys commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notarys signature in the acknowledgment, the county recorder shall not provide the certified copy. If a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States is made in person, the official shall take a statement sworn under penalty of perjury that the requester is signing his or her own legal name and is an authorized person pursuant to subdivision (b), and that official may then furnish a certified copy to the applicant.
(3)For purposes of this subdivision, digitized image of a request means an image of an original paper request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States.
SEC. 4.Section 8205 of the Government Code is amended to read:8205.(a)It is the duty of a notary public, when requested:
(1)To demand acceptance and payment of foreign and inland bills of exchange, or promissory notes, to protest them for nonacceptance and nonpayment, and, with regard only to the nonacceptance or nonpayment of bills and notes, to exercise any other powers and duties that by the law of nations and according to commercial usages, or by the laws of any other state, government, or country, may be performed by a notary. This paragraph applies only to a notary public employed by a financial institution, during the course and scope of the notarys employment with the financial institution.
(2)To take the acknowledgment or proof of advance health care directives, powers of attorney, mortgages, deeds, grants, transfers, and other instruments of writing executed by any person, and to give a certificate of that proof or acknowledgment, endorsed on or attached to the instrument. The certificate shall be signed by the notary public in the notary publics own handwriting. A notary public may not accept any acknowledgment or proof of any instrument that is incomplete.
(3)To take depositions and affidavits, and administer oaths and affirmations, in all matters incident to the duties of the office, or to be used before any court, judge, officer, or board. Any deposition, affidavit, oath, or affirmation shall be signed by the notary public in the notary publics own handwriting.
(4)To certify copies of powers of attorney under Section 4307 of the Probate Code. The certification shall be signed by the notary public in the notary publics own handwriting.
(b)It shall further be the duty of a notary public, upon written request:
(1)To furnish to the Secretary of State certified copies of the notarys journal.
(2)To respond within 30 days of receiving written requests sent by certified mail or any other means of physical delivery that provides a receipt from the Secretary of States office for information relating to official acts performed by the notary.
SEC. 5.Section 8206 of the Government Code is amended to read:8206.(a)(1)A notary public shall keep one active sequential journal at a time, of all official acts performed as a notary public. The journal shall be kept in a locked and secured area, under the direct and exclusive control of the notary. Failure to secure the journal shall be cause for the Secretary of State to take administrative action against the commission held by the notary public pursuant to Section 8214.1.
(2)The journal shall be in addition to, and apart from, any copies of notarized documents that may be in the possession of the notary public and shall include all of the following:
(A)Date, time, and type of each official act.
(B)Character of every instrument sworn to, affirmed, acknowledged, or proved before the notary.
(C)The signature of each person whose signature is being notarized.
(D)A statement as to whether the identity of a person making an acknowledgment or taking an oath or affirmation was based on satisfactory evidence. If identity was established by satisfactory evidence pursuant to Section 1185 of the Civil Code, the journal shall contain the signature of the credible witness swearing or affirming to the identity of the individual or the type of identifying document, the governmental agency issuing the document, the serial or identifying number of the document, and the date of issue or expiration of the document.
(E)If the identity of the person making the acknowledgment or taking the oath or affirmation was established by the oaths or affirmations of two credible witnesses whose identities are proven to the notary public by presentation of any document satisfying the requirements of paragraph (3) or (4) of subdivision (b) of Section 1185 of the Civil Code, the notary public shall record in the journal the type of documents identifying the witnesses, the identifying numbers on the documents identifying the witnesses, and the dates of issuance or expiration of the documents identifying the witnesses.
(F)The fee charged for the notarial service.
(G)If the document to be notarized is a deed, quitclaim deed, deed of trust, or other document affecting real property, or a power of attorney document, the notary public shall require the party signing the document to place his or her right thumbprint in the journal. If the right thumbprint is not available, then the notary shall have the party use his or her left thumb, or any available finger and shall so indicate in the journal. If the party signing the document is physically unable to provide a thumbprint or fingerprint, the notary shall so indicate in the journal and shall also provide an explanation of that physical condition. This paragraph shall not apply to a trustees deed resulting from a decree of foreclosure or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code, nor to a deed of reconveyance.
(b)If a sequential journal of official acts performed by a notary public is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered unusable as a record of notarial acts and information, the notary public shall immediately notify the Secretary of State by certified or registered mail or any other means of physical delivery that provides a receipt. The notification shall include the period of the journal entries, the notary public commission number, and the expiration date of the commission, and when applicable, a photocopy of any police report that specifies the theft of the sequential journal of official acts.
(c)Upon written request of any member of the public, which request shall include the name of the parties, the type of document, and the month and year in which notarized, the notary shall supply a photostatic copy of the line item representing the requested transaction at a cost of not more than thirty cents ($0.30) per page.
(d)The journal of notarial acts of a notary public is the exclusive property of that notary public, and shall not be surrendered to an employer upon termination of employment, whether or not the employer paid for the journal, or at any other time. The notary public shall not surrender the journal to any other person, except the county clerk, pursuant to Section 8209, or immediately, or if the journal is not present then as soon as possible, upon request to a peace officer investigating a criminal offense who has reasonable suspicion to believe the journal contains evidence of a criminal offense, as defined in Sections 830.1, 830.2, and 830.3 of the Penal Code, acting in his or her official capacity and within his or her authority. If the peace officer seizes the notary journal, he or she must have probable cause as required by the laws of this state and the United States. A peace officer or law enforcement agency that seizes a notary journal shall notify the Secretary of State by facsimile within 24 hours, or as soon as possible thereafter, of the name of the notary public whose journal has been seized. The notary public shall obtain a receipt for the journal, and shall notify the Secretary of State by certified mail any other means of physical delivery that provides a receipt within 10 days that the journal was relinquished to a peace officer. The notification shall include the period of the journal entries, the commission number of the notary public, the expiration date of the commission, and a photocopy of the receipt. The notary public shall obtain a new sequential journal. If the journal relinquished to a peace officer is returned to the notary public and a new journal has been obtained, the notary public shall make no new entries in the returned journal. A notary public who is an employee shall permit inspection and copying of journal transactions by a duly designated auditor or agent of the notary publics employer, provided that the inspection and copying is done in the presence of the notary public and the transactions are directly associated with the business purposes of the employer. The notary public, upon the request of the employer, shall regularly provide copies of all transactions that are directly associated with the business purposes of the employer, but shall not be required to provide copies of any transaction that is unrelated to the employers business. Confidentiality and safekeeping of any copies of the journal provided to the employer shall be the responsibility of that employer.
(e)The notary public shall provide the journal for examination and copying in the presence of the notary public upon receipt of a subpoena duces tecum or a court order, and shall certify those copies if requested.
(f)Any applicable requirements of, or exceptions to, state and federal law shall apply to a peace officer engaged in the search or seizure of a sequential journal.
SEC. 6.Section 8213 of the Government Code is amended to read:8213.(a)No later than 30 days after the beginning of the term prescribed in the commission, every person appointed a notary public shall file an official bond and an oath of office in the office of the county clerk of the county within which the person maintains a principal place of business as shown in the application submitted to the Secretary of State, and the commission shall not take effect unless this is done within the 30-day period. A person appointed to be a notary public shall take and subscribe the oath of office either in the office of that county clerk or before another notary public in that county. If the oath of office is taken and subscribed before the county clerk, the person appointed to be a notary public shall present an identification document meeting the requirements of subparagraph (A) or (B) of paragraph (3), or of subparagraph (A) or (E) or paragraph (4), of subdivision (b) of Section 1185 of the Civil Code to the county clerk as satisfactory evidence of identity. If the oath of office is taken and subscribed before a notary public, the oath and bond may be filed with the county clerk by certified mail or any other means of physical delivery that provides a receipt. Upon the filing of the oath and bond, the county clerk shall immediately transmit to the Secretary of State a certificate setting forth the fact of the filing and containing a copy of the official oath, personally signed by the notary public in the form set forth in the commission and shall immediately deliver the bond to the county recorder for recording. The county clerk shall retain the oath of office for one year following the expiration of the term of the commission for which the oath was taken, after which the oath may be destroyed or otherwise disposed of. The copy of the oath, personally signed by the notary public, on file with the Secretary of State may at any time be read in evidence with like effect as the original oath, without further proof.
(b)If a notary public transfers the principal place of business from one county to another, the notary public may file a new oath of office and bond, or a duplicate of the original bond with the county clerk to which the principal place of business was transferred. If the notary public elects to make a new filing, the notary public shall, within 30 days of the filing, obtain an official seal which shall include the name of the county to which the notary public has transferred. In a case where the notary public elects to make a new filing, the same filing and recording fees are applicable as in the case of the original filing and recording of the bond.
(c)If a notary public submits an application for a name change to the Secretary of State, the notary public shall, within 30 days from the date an amended commission is issued, file a new oath of office and an amendment to the bond with the county clerk in which the principal place of business is located. The amended commission with the name change shall not take effect unless the filing is completed within the 30-day period. The amended commission with the name change takes effect the date the oath and amendment to the bond is filed with the county clerk. If the principal place of business address was changed in the application for name change, either a new or duplicate of the original bond shall be filed with the county clerk with the amendment to the bond. The notary public shall, within 30 days of the filing, obtain an official seal that includes the name of the notary public and the name of the county to which the notary public has transferred, if applicable.
(d)The recording fee specified in Section 27361 of the Government Code shall be paid by the person appointed a notary public. The fee may be paid to the county clerk who shall transmit it to the county recorder.
(e)The county recorder shall record the bond and shall thereafter mail, unless specified to the contrary, it to the person named in the instrument and, if no person is named, to the party leaving it for recording.
SEC. 7.Section 8213.5 of the Government Code is amended to read:8213.5.A notary public shall notify the Secretary of State by certified mail or any other means of physical delivery that provides a receipt within 30 days as to any change in the location or address of the principal place of business or residence. A notary public shall not use a commercial mail receiving agency or post office box as his or her principal place of business or residence, unless the notary public also provides the Secretary of State with a physical street address as the principal place of residence. Willful failure to notify the Secretary of State of a change of address shall be punishable as an infraction by a fine of not more than five hundred dollars ($500).
SEC. 8.Section 8311 of the Government Code is amended to read:8311.Wherever any notice or other communication is required by any law to be mailed by registered mail to or by the state, or any officer or agency thereof, the mailing of such notice or other communication by certified mail or any other means of physical delivery that provides a receipt shall be deemed to be a sufficient compliance with the requirements of such law.
SEC. 9.Section 15606.1 of the Government Code is amended to read:15606.1.The duties, rules, regulations, and instructions as specified in Section 15606 shall include provisions for mobilehomes and floating homes which are subject to local property taxation.
SEC. 10.Section 40805 of the Government Code is amended to read:40805.The report shall be published or posted consistent with the timelines established in Section 53891 after the close of the fiscal year for which the report is compiled.
SEC. 11.Section 53087.7 of the Government Code is amended to read:53087.7.(a)A city, including a charter city, county, or city and county, shall not enact any ordinance or regulation, or enforce any existing ordinance or regulation, that prohibits the installation of drought tolerant landscaping, synthetic grass, or artificial turf on residential property.
(b)A city, including a charter city, county, or city and county, may impose reasonable restrictions on the type of drought tolerant landscaping, synthetic grass, or artificial turf that may be installed on residential property provided that those restrictions do not do any of the following:
(1)Substantially increase the cost of installing drought tolerant landscaping, synthetic grass, or artificial turf.
(2)Effectively prohibit the installation of drought tolerant landscaping, synthetic grass, or artificial turf.
(3)Significantly impede the installation of drought tolerant landscaping, including, but not limited to, a requirement that a residential yard must be completely covered with living plant material.
(c)A city, including a charter city, county, or city and county, may impose reasonable restrictions on the installation or design of synthetic grass or artificial turf within the dripline of a tree protected by local ordinance.
SEC. 12.Section 53601 of the Government Code is amended to read:53601.This section shall apply to a local agency that is a city, a district, or other local agency that does not pool money in deposits or investments with other local agencies, other than local agencies that have the same governing body. However, Section 53635 shall apply to all local agencies that pool money in deposits or investments with other local agencies that have separate governing bodies. The legislative body of a local agency having moneys in a sinking fund or moneys in its treasury not required for the immediate needs of the local agency may invest any portion of the moneys that it deems wise or expedient in those investments set forth below. A local agency purchasing or obtaining any securities prescribed in this section, in a negotiable, bearer, registered, or nonregistered format, shall require delivery of the securities to the local agency, including those purchased for the agency by financial advisers, consultants, or managers using the agencys funds, by book entry, physical delivery, or by third-party custodial agreement. The transfer of securities to the counterparty banks customer book entry account may be used for book entry delivery.
For purposes of this section, counterparty means the other party to the transaction. A counterparty banks trust department or separate safekeeping department may be used for the physical delivery of the security if the security is held in the name of the local agency. Where this section specifies a percentage limitation for a particular category of investment, that percentage is applicable only at the date of purchase. Where this section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement or securities lending agreement authorized by this section, that at the time of the investment has a term remaining to maturity in excess of five years, unless the legislative body has granted express authority to make that investment either specifically or as a part of an investment program approved by the legislative body no less than three months prior to the investment:
(a)Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency.
(b)United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest.
(c)Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state.
(d)Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
(e)Bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.
(f)Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises.
(g)Bankers acceptances otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank. Purchases of bankers acceptances shall not exceed 180 days maturity or 40 percent of the agencys moneys that may be invested pursuant to this section. However, no more than 30 percent of the agencys moneys may be invested in the bankers acceptances of any one commercial bank pursuant to this section.
This subdivision does not preclude a municipal utility district from investing moneys in its treasury in a manner authorized by the Municipal Utility District Act (Division 6 (commencing with Section 11501) of the Public Utilities Code).
(h)Commercial paper of prime quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical rating organization (NRSRO). The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or (2):
(1)The entity meets the following criteria:
(A)Is organized and operating in the United States as a general corporation.
(B)Has total assets in excess of five hundred million dollars ($500,000,000).
(C)Has debt other than commercial paper, if any, that is rated in a rating category of A or its equivalent or higher by an NRSRO.
(2)The entity meets the following criteria:
(A)Is organized within the United States as a special purpose corporation, trust, or limited liability company.
(B)Has programwide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond.
(C)Has commercial paper that is rated A-1 or higher, or the equivalent, by an NRSRO.
Eligible commercial paper shall have a maximum maturity of 270 days or less. Local agencies, other than counties or a city and county, may invest no more than 25 percent of their moneys in eligible commercial paper. Local agencies, other than counties or a city and county, may purchase no more than 10 percent of the outstanding commercial paper of any single issuer. Counties or a city and county may invest in commercial paper pursuant to the concentration limits in subdivision (a) of Section 53635.
(i)Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Purchases of negotiable certificates of deposit shall not exceed 30 percent of the agencys moneys that may be invested pursuant to this section. For purposes of this section, negotiable certificates of deposit do not come within Article 2 (commencing with Section 53630), except that the amount so invested shall be subject to the limitations of Section 53638. The legislative body of a local agency and the treasurer or other official of the local agency having legal custody of the moneys are prohibited from investing local agency funds, or funds in the custody of the local agency, in negotiable certificates of deposit issued by a state or federal credit union if a member of the legislative body of the local agency, or a person with investment decisionmaking authority in the administrative office managers office, budget office, auditor-controllers office, or treasurers office of the local agency also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposit.
(j)(1)Investments in repurchase agreements or reverse repurchase agreements or securities lending agreements of securities authorized by this section, as long as the agreements are subject to this subdivision, including the delivery requirements specified in this section.
(2)Investments in repurchase agreements may be made, on an investment authorized in this section, when the term of the agreement does not exceed one year. The market value of securities that underlie a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102 percent no later than the next business day.
(3)Reverse repurchase agreements or securities lending agreements may be utilized only when all of the following conditions are met:
(A)The security to be sold using a reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale.
(B)The total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency does not exceed 20 percent of the base value of the portfolio.
(C)The agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
(D)Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counterparty using a reverse repurchase agreement or securities lending agreement shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
(4)(A)Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security may be made only upon prior approval of the governing body of the local agency and shall be made only with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with a local agency.
(B)For purposes of this chapter, significant banking relationship means any of the following activities of a bank:
(i)Involvement in the creation, sale, purchase, or retirement of a local agencys bonds, warrants, notes, or other evidence of indebtedness.
(ii)Financing of a local agencys activities.
(iii)Acceptance of a local agencys securities or funds as deposits.
(5)(A)Repurchase agreement means a purchase of securities by the local agency pursuant to an agreement by which the counterparty seller will repurchase the securities on or before a specified date and for a specified amount and the counterparty will deliver the underlying securities to the local agency by book entry, physical delivery, or by third-party custodial agreement. The transfer of underlying securities to the counterparty banks customer book-entry account may be used for book-entry delivery.
(B)Securities, for purposes of repurchase under this subdivision, means securities of the same issuer, description, issue date, and maturity.
(C)Reverse repurchase agreement means a sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase the securities on or before a specified date and includes other comparable agreements.
(D)Securities lending agreement means an agreement under which a local agency agrees to transfer securities to a borrower who, in turn, agrees to provide collateral to the local agency. During the term of the agreement, both the securities and the collateral are held by a third party. At the conclusion of the agreement, the securities are transferred back to the local agency in return for the collateral.
(E)For purposes of this section, the base value of the local agencys pool portfolio shall be that dollar amount obtained by totaling all cash balances placed in the pool by all pool participants, excluding any amounts obtained through selling securities by way of reverse repurchase agreements, securities lending agreements, or other similar borrowing methods.
(F)For purposes of this section, the spread is the difference between the cost of funds obtained using the reverse repurchase agreement and the earnings obtained on the reinvestment of the funds.
(k)Medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision shall be rated in a rating category of A or its equivalent or better by an NRSRO. Purchases of medium-term notes shall not include other instruments authorized by this section and shall not exceed 30 percent of the agencys moneys that may be invested pursuant to this section.
(l)(1)Shares of beneficial interest issued by diversified management companies that invest in the securities and obligations as authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and that comply with the investment restrictions of this article and Article 2 (commencing with Section 53630). However, notwithstanding these restrictions, a counterparty to a reverse repurchase agreement or securities lending agreement is not required to be a primary dealer of the Federal Reserve Bank of New York if the companys board of directors finds that the counterparty presents a minimal risk of default, and the value of the securities underlying a repurchase agreement or securities lending agreement may be 100 percent of the sales price if the securities are marked to market daily.
(2)Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.).
(3)If investment is in shares issued pursuant to paragraph (1), the company shall have met either of the following criteria:
(A)Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
(B)Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years experience investing in the securities and obligations authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and with assets under management in excess of five hundred million dollars ($500,000,000).
(4)If investment is in shares issued pursuant to paragraph (2), the company shall have met either of the following criteria:
(A)Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
(B)Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000).
(5)The purchase price of shares of beneficial interest purchased pursuant to this subdivision shall not include commission that the companies may charge and shall not exceed 20 percent of the agencys moneys that may be invested pursuant to this section. However, no more than 10 percent of the agencys funds may be invested in shares of beneficial interest of any one mutual fund pursuant to paragraph (1).
(m)Moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or other agreement of a local agency, or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements, may be invested in accordance with the statutory provisions governing the issuance of those bonds, indebtedness, or lease installment sale, or other agreement, or to the extent not inconsistent therewith or if there are no specific statutory provisions, in accordance with the ordinance, resolution, indenture, or agreement of the local agency providing for the issuance.
(n)Notes, bonds, or other obligations that are at all times secured by a valid first priority security interest in securities of the types listed by Section 53651 as eligible securities for the purpose of securing local agency deposits having a market value at least equal to that required by Section 53652 for the purpose of securing local agency deposits. The securities serving as collateral shall be placed by delivery or book entry into the custody of a trust company or the trust department of a bank that is not affiliated with the issuer of the secured obligation, and the security interest shall be perfected in accordance with the requirements of the Uniform Commercial Code or federal regulations applicable to the types of securities in which the security interest is granted.
(o)A mortgage passthrough security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond of a maximum of five years maturity. Securities eligible for investment under this subdivision shall be issued by an issuer rated in a rating category of A or its equivalent or better for the issuers debt as provided by an NRSRO and rated in a rating category of AA or its equivalent or better by an NRSRO. Purchase of securities authorized by this subdivision shall not exceed 20 percent of the agencys surplus moneys that may be invested pursuant to this section.
(p)Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
(1)The adviser is registered or exempt from registration with the Securities and Exchange Commission.
(2)The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive.
(3)The adviser has assets under management in excess of five hundred million dollars ($500,000,000).
(q)United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of AA or its equivalent or better by an NRSRO and shall not exceed 30 percent of the agencys moneys that may be invested pursuant to this section.
SEC. 13.Section 65091 of the Government Code is amended to read:65091.(a)When a provision of this title requires notice of a public hearing to be given pursuant to this section, notice shall be given in all of the following ways:
(1)Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the local agency may use records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll. Notice shall also be mailed to the owners duly authorized agent, if any, and to the project applicant.
(2)When the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7) requires notice of a public hearing to be given pursuant to this section, notice shall also be given to any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to Section 883.230 of the Civil Code.
(3)Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
(4)Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the local agency may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or paragraph (1) is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days prior to the hearing.
(5)If the notice is mailed or delivered pursuant to paragraph (4), the notice shall also either be:
(A)Published pursuant to Section 6061 in at least one newspaper of general circulation within the local agency which is conducting the proceeding at least 10 days prior to the hearing.
(B)Posted at least 10 days prior to the hearing in at least three public places within the boundaries of the local agency, including one public place in the area directly affected by the proceeding.
(b)The notice shall include the information specified in Section 65094.
(c)In addition to the notice required by this section, a local agency may give notice of the hearing in any other manner it deems necessary or desirable.
(d)Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit. The Legislature finds that access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem; therefore, this subdivision shall be applicable to charter cities.
SEC. 14.Section 65302 of the Government Code, as amended by Section 1 of Chapter 608 of the Statutes of 2015, is amended to read:65302.The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:
(a)A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:
(1)Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5).
(2)Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.
(A)In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources.
(B)The following definitions govern this paragraph:
(i)Military readiness activities mean all of the following:
(I)Training, support, and operations that prepare the men and women of the military for combat.
(II)Operation, maintenance, and security of any military installation.
(III)Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.
(ii)Military installation means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined in paragraph (1) of subsection (g) of Section 2687 of Title 10 of the United States Code.
(b)(1)A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, all correlated with the land use element of the plan.
(2)(A)Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan.
(B)For purposes of this paragraph, users of streets, roads, and highways mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.
(c)A housing element as provided in Article 10.6 (commencing with Section 65580).
(d)(1)A conservation element for the conservation, development, and utilization of natural resources including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county.
(2)The conservation element may also cover all of the following:
(A)The reclamation of land and waters.
(B)Prevention and control of the pollution of streams and other waters.
(C)Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.
(D)Prevention, control, and correction of the erosion of soils, beaches, and shores.
(E)Protection of watersheds.
(F)The location, quantity and quality of the rock, sand, and gravel resources.
(3)Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management.
(e)An open-space element as provided in Article 10.5 (commencing with Section 65560).
(f)(1)A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:
(A)Highways and freeways.
(B)Primary arterials and major local streets.
(C)Passenger and freight online railroad operations and ground rapid transit systems.
(D)Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation.
(E)Local industrial plants, including, but not limited to, railroad classification yards.
(F)Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.
(2)Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in paragraphs (1) to (6), inclusive.
(3)The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise.
(4)The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the states noise insulation standards.
(g)(1)A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.
(2)The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:
(A)Identify information regarding flood hazards, including, but not limited to, the following:
(i)Flood hazard zones. As used in this subdivision, flood hazard zone means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency (FEMA). The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses permitted within flood hazard zones will be free from flooding or flood damage.
(ii)National Flood Insurance Program maps published by FEMA.
(iii)Information about flood hazards that is available from the United States Army Corps of Engineers.
(iv)Designated floodway maps that are available from the Central Valley Flood Protection Board.
(v)Dam failure inundation maps prepared pursuant to Section 8589.5 that are available from the Office of Emergency Services.
(vi)Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.
(vii)Maps of levee protection zones.
(viii)Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.
(ix)Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding.
(x)Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities.
(xi)Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.
(B)Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:
(i)Avoiding or minimizing the risks of flooding to new development.
(ii)Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones.
(iii)Maintaining the structural and operational integrity of essential public facilities during flooding.
(iv)Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.
(v)Establishing cooperative working relationships among public agencies with responsibility for flood protection.
(C)Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).
(3)Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Researchs most recent publication of Fire Hazard Planning, General Plan Technical Advice Series and shall also include all of the following:
(A)Information regarding fire hazards, including, but not limited to, all of the following:
(i)Fire hazard severity zone maps available from the Department of Forestry and Fire Protection.
(ii)Any historical data on wildfires available from local agencies or a reference to where the data can be found.
(iii)Information about wildfire hazard areas that may be available from the United States Geological Survey.
(iv)General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open space designations of homeowner associations.
(v)Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.
(B)A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire.
(C)A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B) including, but not limited to, all of the following:
(i)Avoiding or minimizing the wildfire hazards associated with new uses of land.
(ii)Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.
(iii)Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.
(iv)Working cooperatively with public agencies with responsibility for fire protection.
(D)If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or countys adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph.
(4)Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Researchs General Plan Guidelines and shall include all of the following:
(A)(i)A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3).
(ii)Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:
(I)Information from the Internet-based Cal-Adapt tool.
(II)Information from the most recent version of the California Adaptation Planning Guide.
(III)Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.
(IV)Information from local agencies on their current ability to deal with the impacts of climate change.
(V)Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged.
(VI)Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities.
(VII)Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services.
(B)A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.
(C)A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B) including, but not limited to, all of the following:
(i)Feasible methods to avoid or minimize climate change impacts associated with new uses of land.
(ii)The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas.
(iii)The designation of adequate and feasible infrastructure located in an at-risk area.
(iv)Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.
(v)The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For the purposes of this clause, natural infrastructure means the preservation or restoration of ecological systems, or utilization of engineered systems that use ecological processes, to increase resiliency to climate change, manage other environmental hazards, or both. This may include, but is not limited to, floodplain and wetlands restoration or preservation, combining levees with restored natural systems to reduce flood risk, and urban tree planting to mitigate high heat days.
(D)(i)If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document.
(ii)Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions, climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met.
(5)After the initial revision of the safety element pursuant to paragraphs (2) and (3), upon each revision of the housing element, the planning agency shall review and, if necessary, revise the safety element to identify new information relating to flood and fire hazards that was not available during the previous revision of the safety element.
(6)Cities and counties that have flood plain management ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the flood plain ordinance, specifically showing how each requirement of this subdivision has been met.
(7)Prior to the periodic review of its general plan and prior to preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision.
(8)To the extent that a countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys planning area in satisfaction of the requirement imposed by this subdivision.
SEC. 15.Section 67661 of the Government Code is amended to read:67661.The following may serve as ex officio nonvoting members of the board:
(a)A representative appointed by the Monterey Peninsula Community College District.
(b)A representative appointed by the Monterey Peninsula Unified School District.
(c)A representative designated by the Member of Congress that has the majority portion of Ford Ord in his or her Congressional District.
(d)A representative designated by the Senator that has the majority portion of Ford Ord in his or her Senate District.
(e)A representative designated by the Assembly Member that has the majority portion of Ford Ord in his or her Assembly District.
(f)A representative designated by the United States Army.
(g)A representative designated by the Chancellor of the California State University.
(h)A representative designated by the President of the University of California.
(i)A representative designated by the Monterey County Water Resources Agency.
(j)A representative designated by the Transportation Agency of Monterey County.
SEC. 16.Section 5471 of the Health and Safety Code is amended to read:5471.(a)In addition to the powers granted in the principal act, any entity shall have power, by an ordinance or resolution approved by a two-thirds vote of the members of the legislative body thereof, to prescribe, revise and collect, fees, tolls, rates, rentals, or other charges for services and facilities furnished by it, either within or without its territorial limits, in connection with its water, sanitation, storm drainage, or sewerage system.
(b)In addition to the powers granted in the principal act, any entity shall have power, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, to prescribe, revise, and collect water, sewer, or water and sewer standby or immediate availability charges for services and facilities furnished by it, either within or without its territorial limits, in connection with its water, sanitation, storm drainage, or sewerage system.
(c)The entity may provide that the charge for the service shall be collected with the rates, tolls, and charges for any other utility, and that any or all of these charges may be billed upon the same bill. Where the charge is to be collected with the charges for any other utility service furnished by a department or agency of the entity and over which its legislative body does not exercise control, the consent of the department or agency shall be obtained prior to collecting water, sanitation, storm drainage, or sewerage charges with the charges for any other utility. Revenues derived under the provisions in this section, shall be used only for the acquisition, construction, reconstruction, maintenance, and operation of water systems and sanitation, storm drainage, or sewerage facilities, to repay principal and interest on bonds issued for the construction or reconstruction of these water systems and sanitary, storm drainage, or sewerage facilities and to repay federal or state loans or advances made to the entity for the construction or reconstruction of water systems and sanitary, storm drainage, or sewerage facilities. However, the revenue shall not be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor, and outfall sewers.
(d)If the procedures set forth in this section as it read at the time a standby charge was established were followed, the entity may, by ordinance or resolution adopted by a two-thirds vote of the members of the legislative body thereof, continue the charge pursuant to this section in successive years at the same rate. If new, increased, or extended assessments are proposed, the entity shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.
SEC. 17.Section 5473 of the Health and Safety Code is amended to read:5473.Any entity which has adopted an ordinance or resolution pursuant to this article or an order pursuant to Section 6520.5 may, by such ordinance or resolution or by separate ordinances or resolutions approved by a two-thirds vote of the members of the legislative body thereof, elect to have such charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes. In such event, it shall cause a written report to be prepared each year and filed with the clerk, which shall contain a description of each parcel of real property receiving such services and facilities and the amount of the charge for each parcel for the year, computed in conformity with the charges prescribed by the ordinance or resolution.
Any ordinance or resolution adopted pursuant to this section authorizing the collection of charges on the tax roll shall remain in effect for the time specified in the ordinance or resolution or, if no time is specified in the ordinance or resolution, until repealed or until a change is made in the rates charged by the entity.
The powers authorized by this section shall be alternative to all other powers of any entity, and alternative to other procedures adopted by the legislative body thereof for the collection of such charges.
The real property may be described by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the county assessor or by reference to plats or maps on file in the office of the clerk.
SEC. 18.Section 5474 of the Health and Safety Code is amended to read:5474.An entity shall have the power by ordinance or resolution approved by two-thirds vote of the members of the legislative body thereof to fix fees or charges for the privilege of connecting to its sanitation or sewerage facilities and improvements constructed by the entity pursuant to Sections 5463 and 5464, to fix the time or times at which the fees or charges shall become due, to provide for the payment of the fees or charges prior to connection or in installments over a period of not to exceed 30 years, to provide the rate of interest, not to exceed 12 percent per annum, to be charged on the unpaid balance of the fees or charges, and to provide that the amount of the fees or charges and the interest thereon shall constitute a lien against the respective lots or parcels of land to which the facilities are connected at the time and in the manner specified in Sections 5473.5 and 5473.8. Prior to making the fees or charges a lien against the land, the legislative body shall give notice to the owners of the lots or parcels of land affected, and the notice shall set forth all of the following:
(a)The schedule of fees or charges to be imposed by the entity.
(b)A description of the property subject to the fees or charges, which description may be by reference to a plat or diagram on file in the office of the clerk of the legislative body, or to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the county assessor.
(c)The time or times at which the fees or charges shall become due.
(d)The number of installments in which the fees or charges shall be payable.
(e)The rate of interest, not to exceed 12 percent per annum, to be charged on the unpaid balance of the fees or charges.
(f)That it is proposed that the fees or charges and interest thereon shall constitute a lien against the lots or parcels of land to which the facilities are furnished.
(g)The time and place at which the legislative body will hold a hearing at which persons may appear and present any and all objections they may have to the imposition of the fees or charges as a lien against the land.
SEC. 19.Section 5474.8 of the Health and Safety Code is amended to read:5474.8.Fees or charges imposed by an entity by ordinance or resolution adopted pursuant to Section 5474 may differ in amount or method of computation from fees or charges imposed by any other ordinance or resolution of such entity adopted pursuant to Section 5474.
SEC. 20.Section 13822 of the Health and Safety Code is amended to read:13822.Once the chief petitioners have filed a sufficient petition or a legislative body has filed a resolution of application, the local agency formation commission shall proceed pursuant to Chapter 5 (commencing with Section 56825) of Part 3 of Division 3 of Title 5 of the Government Code.
SEC. 21.Section 22161 of the Public Contract Code, as amended by Section 2 of Chapter 715 of the Statutes of 2015, is amended to read:22161.For purposes of this chapter, the following definitions apply:
(a)Best value means a value determined by evaluation of objective criteria that relate to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the local agency and meeting the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring agency, or a tradeoff between price and other specified factors.
(b)Construction subcontract means each subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the State of California that, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team.
(c)Design-build means a project delivery process in which both the design and construction of a project are procured from a single entity.
(d)Design-build entity means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract.
(e)Design-build team means the design-build entity itself and the individuals and other entities identified by the design-build entity as members of its team. Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors.
(f)Local agency means the following:
(1)A city, county, or city and county.
(2)A special district that operates wastewater facilities, solid waste management facilities, water recycling facilities, or fire protection facilities.
(3)Any transit district, included transit district, municipal operator, included municipal operator, any consolidated agency, as described in Section 132353.1 of the Public Utilities Code, any joint powers authority formed to provide transit service, any county transportation commission created pursuant to Section 130050 of the Public Utilities Code, or any other local or regional agency, responsible for the construction of transit projects.
(4)The San Diego Association of Governments, as referenced in the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7 of the Public Utilities Code).
(g)(1)For a local agency defined in paragraph (1) of subdivision (f), project means the construction of a building or buildings and improvements directly related to the construction of a building or buildings, county sanitation wastewater treatment facilities, and park and recreational facilities, but does not include the construction of other infrastructure, including, but not limited to, streets and highways, public rail transit, or water resources facilities and infrastructure. For a local agency defined in paragraph (1) of subdivision (f) that operates wastewater facilities, solid waste management facilities, or water recycling facilities, project also means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, or regional and local water recycling facilities.
(2)For a local agency defined in paragraph (2) of subdivision (f), project means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, regional and local water recycling facilities, or fire protection facilities.
(3)For a local agency defined in paragraph (3) of subdivision (f), project means a transit capital project that begins a project solicitation on or after January 1, 2015. A project, as defined by this paragraph, that begins the solicitation process before January 1, 2015, is subject to Article 6.8 (commencing with Section 20209.5) of Chapter 1. Project, as defined by this paragraph, does not include state highway construction or local street and road projects.
(4)For a local agency defined in paragraph (4) of subdivision (f), project has the same meaning as in paragraph (3), and in addition shall include development projects adjacent, or physically or functionally related, to transit facilities developed or jointly developed by the local agency.
SEC. 22.Section 11005 of the Revenue and Taxation Code is amended to read:11005.After payment of refunds therefrom and after making the deductions authorized by Section 11003 and reserving the amount determined necessary by the Pooled Money Investment Board to meet the transfers ordered or proposed to be ordered pursuant to Section 16310 of the Government Code, the balance of all motor vehicle license fees and any other money appropriated by law for expenditure pursuant to this section, deposited to the credit of the Motor Vehicle License Fee Account in the Transportation Tax Fund, and remaining unexpended in that account at the close of business on the last day of the calendar month, shall be allocated by the Controller by the 10th day of the following month in accordance with the following:
(a)On and after July 1, 2011, to the Local Law Enforcement Services Account in the Local Revenue Fund 2011, as established by Section 30025 of the Government Code, for allocation to cities, counties, and cities and counties.
(b)On or after July 1, 2004, but before July 1, 2011:
(1)First, to the County of Orange. For the 200405 fiscal year, that county shall be allocated fifty-four million dollars ($54,000,000) in monthly installments. For the 200506 fiscal year and each fiscal year thereafter, that county shall receive, in monthly installments, an amount equal to the amount allocated under this section for the prior fiscal year, adjusted for the percentage change in the amount of revenues credited to the Motor Vehicle License Fee Account in the Transportation Tax Fund from the revenues credited to that account in the prior fiscal year. Moneys allocated to the County of Orange under this subdivision shall be used first for the service of indebtedness as provided in paragraph (1) of subdivision (a) of Section 11001.5. Any amounts in excess of the amount required for this service of indebtedness may be used by that county for any lawful purpose.
(2)Second, to each city, the population of which is determined under Section 11005.3 on August 5, 2004, in an amount equal to the additional amount of vehicle license fee revenue, including offset transfers, that would be allocated to that city under Sections 11000 and 11005, as those sections read on January 1, 2004, as a result of that citys population being determined under subdivision (a) or (b) of Section 11005.3.
(3)Third, to each city that was incorporated from an unincorporated territory after August 5, 2004, in an amount equal to the product of the following two amounts:
(A)The quotient derived from the following fraction:
(i)The numerator is the product of the following two amounts:
(I)Fifty dollars ($50) per year.
(II)The fraction determined as the total amount of vehicle license fee revenue collected during the most recent fiscal year divided by the total amount of vehicle license fee revenue collected during the 200405 fiscal year.
(ii)The denominator is the fraction determined as the actual population, as defined in subdivision (d) of Section 11005.3, of all cities during the most recent fiscal year, divided by the actual population, as defined in subdivision (d) of Section 11005.3, of all cities in the 200405 fiscal year.
(B)The citys population determined in accordance with Section 11005.3.
(4)Fourth, to each city that was incorporated before August 5, 2004, in an amount equal to the product of the following two amounts:
(A)The quotient derived from the following fraction:
(i)The numerator is the product of the following two amounts:
(I)Fifty dollars ($50) per year.
(II)The fraction determined as the total amount of vehicle license fee revenue collected during the most recent fiscal year divided by the total amount of vehicle license fee revenue collected during the 200405 fiscal year.
(ii)The denominator is the fraction determined as the actual population, as defined in subdivision (d) of Section 11005.3, of all cities during the most recent fiscal year, divided by the actual population, as defined in subdivision (d) of Section 11005.3, of all cities in the 200405 fiscal year.
(B)The actual population, as defined in subdivision (d) of Section 11005.3, residing in areas annexed after August 5, 2004, as of the date of annexation.
(5)Fifth, to the cities and cities and counties of this state in the proportion that the population of each city or city and county bears to the total population of all cities and cities and counties in this state, as determined by the Demographic Research Unit of the Department of Finance. For the purpose of this subdivision, the population of each city or city and county shall be determined in accordance with Section 11005.3.
SEC. 23.Section 11005.3 of the Revenue and Taxation Code is amended to read:11005.3.(a)In the case of a city that incorporated on or after January 1, 1987, and before August 5, 2004, the Controller shall determine that the population of the city for its first 10 full fiscal years, and any portion of the first year in which the incorporation is effective if less than a full fiscal year, is the greater of either:
(1)The number of registered voters in the city multiplied by three. The number of registered voters shall be calculated as of the effective date of the incorporation of the city.
(2)The actual population, as defined in subdivision (d).
(b)In the case of a city that incorporated on or after January 1, 1987, and before August 5, 2004, and for which the application for incorporation was filed with the executive officer of the local agency formation commission pursuant to subdivision (a) of Section 56828 of the Government Code on or after January 1, 1991, the Controller shall determine that the population of the city for its first seven full fiscal years, and any portion of the first year in which the incorporation is effective if less than a full fiscal year, is the greater of either:
(1)The number of registered voters in the city multiplied by three. The number of registered voters shall be calculated as of the effective date of the incorporation of the city.
(2)The actual population, as defined in subdivision (d).
(c)In the case of a city that was incorporated from unincorporated territory after August 5, 2004, the Controller shall determine the population of the city as follows:
(1)For its first 12 months, 150 percent of the citys actual population.
(2)For its 13th through 24th months, 140 percent of the citys actual population.
(3)For its 25th through 36th months, 130 percent of the citys actual population.
(4)For its 37th through 48th months, 120 percent of the citys actual population.
(5)For its 49th through 60th months, 110 percent of the citys actual population.
(6)After its 60th month, the citys actual population.
(d)For purposes of this section, actual population means the population determined by the last federal decennial or special census, or a subsequent census validated by the Demographic Research Unit of the Department of Finance or subsequent estimate prepared pursuant to Section 2107.2 of the Streets and Highways Code.
(e)In the case of unincorporated territory being annexed to a city, during the 10-year, 7-year, or 5-year period following incorporation, as the case may be, subsequent to the last federal census, or a subsequent census validated by the Demographic Research Unit of the Department of Finance, the unit shall determine the population of the annexed territory by the use of any federal decennial or special census or any estimate prepared pursuant to Section 2107.2 of the Streets and Highways Code. The population of the annexed territory as determined by the Demographic Research Unit shall be added to the citys population as previously determined by the Controller pursuant to paragraph (1) or (2) of subdivision (a), paragraph (1) or (2) of subdivision (b), or subdivision (c), as applicable.
(f)After the 10-year, 7-year, or 5-year period following incorporation, as the case may be, the Controller shall determine the population of the city as the citys actual population, as defined in subdivision (d).
(g)The amendments made to this section by the act adding this subdivision shall not apply with respect to either of the following:
(1)Any city that has adopted an ordinance or resolution, approved a ballot measure, or is subject to a consent decree or court order, that annually limits the number of housing units that may be constructed within the city.
(2)Any city that has not prepared and adopted a housing element in compliance with Section 65585 of the Government Code.
(h)This section shall become operative July 1, 1991.
SEC. 24.Section 19201 of the Revenue and Taxation Code is amended to read:19201.If any amount due under Part 10 (commencing with Section 17001), Part 11 (commencing with Section 23001), or any amount that may be collected by the Franchise Tax Board as though it were a tax, is not paid, the Franchise Tax Board may file in the Office of the Clerk of the Court of Sacramento County, or any other county, a certificate specifying the amount due, the name and last known address of the taxpayer liable for the amount due, and the fact that the Franchise Tax Board has complied with all provisions of the law in the computation and levy of the amount due, and a request that judgment be entered against the taxpayer in the amount set forth in the certificate.
SEC. 25.Section 19202 of the Revenue and Taxation Code is amended to read:19202.The clerk of the court immediately upon the filing of the certificate shall enter a judgment for the people of the State of California against the taxpayer in the amount set forth in the certificate. The clerk of the court may file the judgment in a loose-leaf book entitled Personal Income Tax Judgments or Bank and Corporation Tax Judgments, as appropriate.
SEC. 26.Section 2105 of the Streets and Highways Code is amended to read:2105.Notwithstanding Section 13340 of the Government Code, in addition to the apportionments prescribed by Sections 2104, 2106, and 2107, from the revenues derived from a per gallon tax imposed pursuant to Section 7360 of the Revenue and Taxation Code, and a per gallon tax imposed pursuant to Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation Code, and a per gallon tax imposed pursuant to Sections 60050 and 60115 of the Revenue and Taxation Code, the following apportionments shall be made:
(a)A sum equal to 1.035 cents ($0.01035) per gallon from the tax under Section 7360 of the Revenue and Taxation Code, 11.5 percent of any per gallon tax in excess of nine cents ($0.09) per gallon under Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation Code, and 1.035 cents ($0.01035) per gallon from the tax under Sections 60050 and 60115 of the Revenue and Taxation Code, shall be apportioned among the counties, including a city and county.
The amount of apportionment to each county, including a city and county, during a fiscal year shall be calculated as follows:
(1)One million dollars ($1,000,000) for apportionment to all counties, including a city and county, in proportion to each countys receipts during the prior fiscal year under Sections 2104 and 2106.
(2)One million dollars ($1,000,000) for apportionment to all counties, including a city and county, as follows:
(A)Seventy-five percent in the proportion that the number of fee-paid and exempt vehicles which are registered in the county bears to the number of fee-paid and exempt vehicles registered in the state.
(B)Twenty-five percent in the proportion that the number of miles of maintained county roads in the county bears to the miles of maintained county roads in the state.
(3)For each county, determine its factor which is the higher amount calculated pursuant to paragraph (1) or (2) divided by the sum of the higher amounts for all of the counties.
(4)The amount to be apportioned to each county is equal to its factor multiplied by the amount available for apportionment.
(b)A sum equal to 1.035 cents ($0.01035) per gallon from the tax under Section 7360 of the Revenue and Taxation Code, 11.5 percent of any per gallon tax in excess of nine cents ($0.09) per gallon under Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation Code, and 1.035 cents ($0.01035) per gallon from the tax under Sections 60050 and 60115 of the Revenue and Taxation Code, shall be apportioned to cities, including a city and county, in the proportion that the total population of the city bears to the total population of all the cities in the state.
(c)(1)Transfers of revenues from the Highway Users Tax Account to counties or cities pursuant to this section collected during the months of March, April, May, June, and July of 2008, shall be made with the transfer of August 2008 revenues in September of 2008. This suspension shall not apply to a county with a population of less than 40,000.
(2)For the purpose of meeting the cash obligations associated with ongoing budgeted costs, a city or county may make use of any cash balance in the city account that is designated for the receipt of state funds allocated for local streets and roads or the county road fund, including that resulting from the receipt of funds pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code (hereafter bond act)) for local streets and roads maintenance, during the period of this suspension, without the use of this cash being reflected as an expenditure of bond act funds, provided the cash is replaced once this suspension is repaid in September of 2008. Counties and cities may accrue the revenue received in September 2008 as repayment of these suspensions for the months of April, May, and June of 2008 back to the 200708 fiscal year. Nothing in this paragraph shall change the fact that expenditures must be accrued and reflected from the appropriate funding sources for which the moneys were received and meet all the requirements of those funding sources.
(d)(1)The transfer of revenues from the Highway Users Tax Account to counties or cities pursuant to this section collected during the months of January, February, and March 2009 shall be made with the transfer of April 2009 revenues in May 2009.
(2)For the purpose of meeting the cash obligations associated with ongoing budgeted costs, a city or county may make use of any cash balance in the city account that is designated for the receipt of state funds allocated for local streets and roads or the county road fund, including that resulting from the receipt of funds pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code (bond act)) for local streets and roads maintenance, during the period of this suspension, and the use of this cash shall not be considered as an expenditure of bond act funds, if the cash is replaced when the payments that are suspended pursuant to this subdivision are repaid in May 2009.
(3)This subdivision shall not affect any requirement that an expenditure is required to be accrued and reflected from the appropriate funding source for which the money was received and to meet all the requirements of its funding source.
SEC. 27.Section 36601 of the Streets and Highways Code is amended to read:36601.The Legislature finds and declares all of the following:
(a)Businesses located and operating within business districts in some of this states communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts.
(b)It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts.
(c)It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d)Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them.
(e)Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1)Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2)Job creation.
(3)Business attraction.
(4)Business retention.
(5)Economic growth.
(6)New investments.
(f)With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment.
(g)Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIIID to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIIID of the Constitution provides that property-based districts may only levy assessments for special benefits.
(h)The act amending this section is intended to provide the Legislatures guidance with regard to this act, its interaction with the provisions of Article XIIID of the Constitution, and the determination of special benefits in property-based districts.
(1)The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property.
(2)Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits. The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.
(3)It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits. Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.
SEC. 28.Section 36606 of the Streets and Highways Code is amended to read:36606.Activities means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a)Promotion of public events.
(b)Furnishing of music in any public place.
(c)Promotion of tourism within the district.
(d)Marketing and economic development, including retail retention and recruitment.
(e)Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality.
(f)Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district.
SEC. 29.Section 36610 of the Streets and Highways Code is amended to read:36610.Improvement means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a)Parking facilities.
(b)Benches, booths, kiosks, display cases, pedestrian shelters and signs.
(c)Trash receptacles and public restrooms.
(d)Lighting and heating facilities.
(e)Decorations.
(f)Parks.
(g)Fountains.
(h)Planting areas.
(i)Closing, opening, widening, or narrowing of existing streets.
(j)Facilities or equipment, or both, to enhance security of persons and property within the district.
(k)Ramps, sidewalks, plazas, and pedestrian malls.
(l)Rehabilitation or removal of existing structures.
SEC. 30.Section 36625 of the Streets and Highways Code is amended to read:36625.(a)If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1)A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district.
(2)The number, date of adoption, and title of the resolution of intention.
(3)The time and place where the public hearing was held concerning the establishment of the district.
(4)A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5)A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part.
(6)A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district. Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district.
(7)A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8)In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b)The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.
SEC. 31.Section 36670 of the Streets and Highways Code is amended to read:36670.(a)Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1)If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment.
(2)During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment.
(b)The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention.
SEC. 32.Section 7.3 of the Kern County Water Agency Act (Chapter 1003 of the Statutes of 1961), as amended by Section 2 of Chapter 832 of the Statutes of 1972, is repealed.SEC. 33.Section 7.6 of the Kern County Water Agency Act (Chapter 1003 of the Statutes of 1961), as added by Section 2 of Chapter 49 of the Statutes of 1982, is amended to read:Sec.7.6.(a)The board of directors shall not approve an agency budget unless the board has first conducted a public hearing.
(b)The board shall publish a notice of the hearing pursuant to Section 6066 of the Government Code.
SEC. 34.Section 8 of the Kern County Water Agency Act (Chapter 1003 of the Statutes of 1961) is repealed.SEC. 35.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)This act shall be known, and may be cited, as the Local Government Omnibus Act of 2016.
(b)The Legislature finds and declares that Californians want their governments to be run efficiently and economically and that public officials should avoid waste and duplication whenever possible. The Legislature further finds and declares that it desires to control its own costs by reducing the number of separate bills. Therefore, it is the intent of the Legislature in enacting this act to combine several minor, noncontroversial statutory changes relating to the common theme, purpose, and subject of local government into a single measure.
SEC. 2.Section 8770 of the Business and Professions Code is amended to read:8770.The record of survey filed with the county recorder of any county shall be securely fastened by the county recorder into a suitable book provided for that purpose, or stored in any other manner that will ensure that the maps will be kept together.
The county recorder shall keep proper indexes of such record of survey by the name of grant, tract, subdivision, or United States subdivision.
The original map shall be stored for safekeeping in a reproducible condition. It shall be proper procedure for the recorder to maintain for public reference a set of counter maps that are prints of the original maps, and the original maps to be produced for comparison upon demand.
SEC. 3.Section 6107 of the Government Code is amended to read:6107.(a)A public entity, including the state, a county, city, or other political subdivision, or any officer or employee thereof, including notaries public, shall not demand or receive any fee or compensation for doing any of the following:
(1)Recording, indexing, or issuing certified copies of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States.
(2)Furnishing a certified copy of, or searching for, any public record that is to be used in an application or claim for a pension, allotment, allowance, compensation, insurance (including automatic insurance), or any other benefits under any act of Congress for service in the Armed Forces of the United States or under any law of this state relating to veterans benefits.
(3)Furnishing a certified copy of, or searching for, any public record that is required by the Veterans Administration to be used in determining the eligibility of any person to participate in benefits made available by the Veterans Administration.
(4)Rendering any other service in connection with an application or claim referred to in paragraph (2) or (3).
(b)A certified copy of any record referred to in subdivision (a) may be made available only to one of the following:
(1)The person who is the subject of the record upon presentation of proper photo identification.
(2)A family member or legal representative of the person who is the subject of the record upon presentation of proper photo identification and certification of their relationship to the subject of the record.
(3)A state, county, or city office that provides veterans benefits services upon written request of that office.
(4)A United States official upon written request of that official. A public officer or employee is liable on his or her official bond for failure or refusal to render the services.
(c)(1)If the county recorder receives a written, faxed, or digitized image of a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States referred to in paragraph (1) of subdivision (a) that is accompanied by a notarized statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury, that the requester meets one of the descriptions in subdivision (b), the county recorder may furnish a certified copy to the requester pursuant to this section.
(2)A faxed or digitized image of the notarized statement accompanying a faxed or digitized image of a request received pursuant to this subdivision for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States shall be legible. If the notarys seal is not photographically reproducible, or does not show the name of the notary, the county of the notarys principal place of business, the notarys telephone number, the notarys registration number, and the notarys commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notarys signature in the acknowledgment, the county recorder shall not provide the certified copy. If a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States is made in person, the official shall take a statement sworn under penalty of perjury that the requester is signing his or her own legal name and is an authorized person pursuant to subdivision (b), and that official may then furnish a certified copy to the applicant.
(3)For purposes of this subdivision, digitized image of a request means an image of an original paper request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States.
SEC. 4.Section 8205 of the Government Code is amended to read:8205.(a)It is the duty of a notary public, when requested:
(1)To demand acceptance and payment of foreign and inland bills of exchange, or promissory notes, to protest them for nonacceptance and nonpayment, and, with regard only to the nonacceptance or nonpayment of bills and notes, to exercise any other powers and duties that by the law of nations and according to commercial usages, or by the laws of any other state, government, or country, may be performed by a notary. This paragraph applies only to a notary public employed by a financial institution, during the course and scope of the notarys employment with the financial institution.
(2)To take the acknowledgment or proof of advance health care directives, powers of attorney, mortgages, deeds, grants, transfers, and other instruments of writing executed by any person, and to give a certificate of that proof or acknowledgment, endorsed on or attached to the instrument. The certificate shall be signed by the notary public in the notary publics own handwriting. A notary public may not accept any acknowledgment or proof of any instrument that is incomplete.
(3)To take depositions and affidavits, and administer oaths and affirmations, in all matters incident to the duties of the office, or to be used before any court, judge, officer, or board. Any deposition, affidavit, oath, or affirmation shall be signed by the notary public in the notary publics own handwriting.
(4)To certify copies of powers of attorney under Section 4307 of the Probate Code. The certification shall be signed by the notary public in the notary publics own handwriting.
(b)It shall further be the duty of a notary public, upon written request:
(1)To furnish to the Secretary of State certified copies of the notarys journal.
(2)To respond within 30 days of receiving written requests sent by certified mail or any other means of physical delivery that provides a receipt from the Secretary of States office for information relating to official acts performed by the notary.
SEC. 5.Section 8206 of the Government Code is amended to read:8206.(a)(1)A notary public shall keep one active sequential journal at a time, of all official acts performed as a notary public. The journal shall be kept in a locked and secured area, under the direct and exclusive control of the notary. Failure to secure the journal shall be cause for the Secretary of State to take administrative action against the commission held by the notary public pursuant to Section 8214.1.
(2)The journal shall be in addition to, and apart from, any copies of notarized documents that may be in the possession of the notary public and shall include all of the following:
(A)Date, time, and type of each official act.
(B)Character of every instrument sworn to, affirmed, acknowledged, or proved before the notary.
(C)The signature of each person whose signature is being notarized.
(D)A statement as to whether the identity of a person making an acknowledgment or taking an oath or affirmation was based on satisfactory evidence. If identity was established by satisfactory evidence pursuant to Section 1185 of the Civil Code, the journal shall contain the signature of the credible witness swearing or affirming to the identity of the individual or the type of identifying document, the governmental agency issuing the document, the serial or identifying number of the document, and the date of issue or expiration of the document.
(E)If the identity of the person making the acknowledgment or taking the oath or affirmation was established by the oaths or affirmations of two credible witnesses whose identities are proven to the notary public by presentation of any document satisfying the requirements of paragraph (3) or (4) of subdivision (b) of Section 1185 of the Civil Code, the notary public shall record in the journal the type of documents identifying the witnesses, the identifying numbers on the documents identifying the witnesses, and the dates of issuance or expiration of the documents identifying the witnesses.
(F)The fee charged for the notarial service.
(G)If the document to be notarized is a deed, quitclaim deed, deed of trust, or other document affecting real property, or a power of attorney document, the notary public shall require the party signing the document to place his or her right thumbprint in the journal. If the right thumbprint is not available, then the notary shall have the party use his or her left thumb, or any available finger and shall so indicate in the journal. If the party signing the document is physically unable to provide a thumbprint or fingerprint, the notary shall so indicate in the journal and shall also provide an explanation of that physical condition. This paragraph shall not apply to a trustees deed resulting from a decree of foreclosure or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code, nor to a deed of reconveyance.
(b)If a sequential journal of official acts performed by a notary public is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered unusable as a record of notarial acts and information, the notary public shall immediately notify the Secretary of State by certified or registered mail or any other means of physical delivery that provides a receipt. The notification shall include the period of the journal entries, the notary public commission number, and the expiration date of the commission, and when applicable, a photocopy of any police report that specifies the theft of the sequential journal of official acts.
(c)Upon written request of any member of the public, which request shall include the name of the parties, the type of document, and the month and year in which notarized, the notary shall supply a photostatic copy of the line item representing the requested transaction at a cost of not more than thirty cents ($0.30) per page.
(d)The journal of notarial acts of a notary public is the exclusive property of that notary public, and shall not be surrendered to an employer upon termination of employment, whether or not the employer paid for the journal, or at any other time. The notary public shall not surrender the journal to any other person, except the county clerk, pursuant to Section 8209, or immediately, or if the journal is not present then as soon as possible, upon request to a peace officer investigating a criminal offense who has reasonable suspicion to believe the journal contains evidence of a criminal offense, as defined in Sections 830.1, 830.2, and 830.3 of the Penal Code, acting in his or her official capacity and within his or her authority. If the peace officer seizes the notary journal, he or she must have probable cause as required by the laws of this state and the United States. A peace officer or law enforcement agency that seizes a notary journal shall notify the Secretary of State by facsimile within 24 hours, or as soon as possible thereafter, of the name of the notary public whose journal has been seized. The notary public shall obtain a receipt for the journal, and shall notify the Secretary of State by certified mail any other means of physical delivery that provides a receipt within 10 days that the journal was relinquished to a peace officer. The notification shall include the period of the journal entries, the commission number of the notary public, the expiration date of the commission, and a photocopy of the receipt. The notary public shall obtain a new sequential journal. If the journal relinquished to a peace officer is returned to the notary public and a new journal has been obtained, the notary public shall make no new entries in the returned journal. A notary public who is an employee shall permit inspection and copying of journal transactions by a duly designated auditor or agent of the notary publics employer, provided that the inspection and copying is done in the presence of the notary public and the transactions are directly associated with the business purposes of the employer. The notary public, upon the request of the employer, shall regularly provide copies of all transactions that are directly associated with the business purposes of the employer, but shall not be required to provide copies of any transaction that is unrelated to the employers business. Confidentiality and safekeeping of any copies of the journal provided to the employer shall be the responsibility of that employer.
(e)The notary public shall provide the journal for examination and copying in the presence of the notary public upon receipt of a subpoena duces tecum or a court order, and shall certify those copies if requested.
(f)Any applicable requirements of, or exceptions to, state and federal law shall apply to a peace officer engaged in the search or seizure of a sequential journal.
SEC. 6.Section 8213 of the Government Code is amended to read:8213.(a)No later than 30 days after the beginning of the term prescribed in the commission, every person appointed a notary public shall file an official bond and an oath of office in the office of the county clerk of the county within which the person maintains a principal place of business as shown in the application submitted to the Secretary of State, and the commission shall not take effect unless this is done within the 30-day period. A person appointed to be a notary public shall take and subscribe the oath of office either in the office of that county clerk or before another notary public in that county. If the oath of office is taken and subscribed before the county clerk, the person appointed to be a notary public shall present an identification document meeting the requirements of subparagraph (A) or (B) of paragraph (3), or of subparagraph (A) or (E) or paragraph (4), of subdivision (b) of Section 1185 of the Civil Code to the county clerk as satisfactory evidence of identity. If the oath of office is taken and subscribed before a notary public, the oath and bond may be filed with the county clerk by certified mail or any other means of physical delivery that provides a receipt. Upon the filing of the oath and bond, the county clerk shall immediately transmit to the Secretary of State a certificate setting forth the fact of the filing and containing a copy of the official oath, personally signed by the notary public in the form set forth in the commission and shall immediately deliver the bond to the county recorder for recording. The county clerk shall retain the oath of office for one year following the expiration of the term of the commission for which the oath was taken, after which the oath may be destroyed or otherwise disposed of. The copy of the oath, personally signed by the notary public, on file with the Secretary of State may at any time be read in evidence with like effect as the original oath, without further proof.
(b)If a notary public transfers the principal place of business from one county to another, the notary public may file a new oath of office and bond, or a duplicate of the original bond with the county clerk to which the principal place of business was transferred. If the notary public elects to make a new filing, the notary public shall, within 30 days of the filing, obtain an official seal which shall include the name of the county to which the notary public has transferred. In a case where the notary public elects to make a new filing, the same filing and recording fees are applicable as in the case of the original filing and recording of the bond.
(c)If a notary public submits an application for a name change to the Secretary of State, the notary public shall, within 30 days from the date an amended commission is issued, file a new oath of office and an amendment to the bond with the county clerk in which the principal place of business is located. The amended commission with the name change shall not take effect unless the filing is completed within the 30-day period. The amended commission with the name change takes effect the date the oath and amendment to the bond is filed with the county clerk. If the principal place of business address was changed in the application for name change, either a new or duplicate of the original bond shall be filed with the county clerk with the amendment to the bond. The notary public shall, within 30 days of the filing, obtain an official seal that includes the name of the notary public and the name of the county to which the notary public has transferred, if applicable.
(d)The recording fee specified in Section 27361 of the Government Code shall be paid by the person appointed a notary public. The fee may be paid to the county clerk who shall transmit it to the county recorder.
(e)The county recorder shall record the bond and shall thereafter mail, unless specified to the contrary, it to the person named in the instrument and, if no person is named, to the party leaving it for recording.
SEC. 7.Section 8213.5 of the Government Code is amended to read:8213.5.A notary public shall notify the Secretary of State by certified mail or any other means of physical delivery that provides a receipt within 30 days as to any change in the location or address of the principal place of business or residence. A notary public shall not use a commercial mail receiving agency or post office box as his or her principal place of business or residence, unless the notary public also provides the Secretary of State with a physical street address as the principal place of residence. Willful failure to notify the Secretary of State of a change of address shall be punishable as an infraction by a fine of not more than five hundred dollars ($500).
SEC. 8.Section 8311 of the Government Code is amended to read:8311.Wherever any notice or other communication is required by any law to be mailed by registered mail to or by the state, or any officer or agency thereof, the mailing of such notice or other communication by certified mail or any other means of physical delivery that provides a receipt shall be deemed to be a sufficient compliance with the requirements of such law.
SEC. 9.Section 15606.1 of the Government Code is amended to read:15606.1.The duties, rules, regulations, and instructions as specified in Section 15606 shall include provisions for mobilehomes and floating homes which are subject to local property taxation.
SEC. 10.Section 40805 of the Government Code is amended to read:40805.The report shall be published or posted consistent with the timelines established in Section 53891 after the close of the fiscal year for which the report is compiled.
SEC. 11.Section 53087.7 of the Government Code is amended to read:53087.7.(a)A city, including a charter city, county, or city and county, shall not enact any ordinance or regulation, or enforce any existing ordinance or regulation, that prohibits the installation of drought tolerant landscaping, synthetic grass, or artificial turf on residential property.
(b)A city, including a charter city, county, or city and county, may impose reasonable restrictions on the type of drought tolerant landscaping, synthetic grass, or artificial turf that may be installed on residential property provided that those restrictions do not do any of the following:
(1)Substantially increase the cost of installing drought tolerant landscaping, synthetic grass, or artificial turf.
(2)Effectively prohibit the installation of drought tolerant landscaping, synthetic grass, or artificial turf.
(3)Significantly impede the installation of drought tolerant landscaping, including, but not limited to, a requirement that a residential yard must be completely covered with living plant material.
(c)A city, including a charter city, county, or city and county, may impose reasonable restrictions on the installation or design of synthetic grass or artificial turf within the dripline of a tree protected by local ordinance.
SEC. 12.Section 53601 of the Government Code is amended to read:53601.This section shall apply to a local agency that is a city, a district, or other local agency that does not pool money in deposits or investments with other local agencies, other than local agencies that have the same governing body. However, Section 53635 shall apply to all local agencies that pool money in deposits or investments with other local agencies that have separate governing bodies. The legislative body of a local agency having moneys in a sinking fund or moneys in its treasury not required for the immediate needs of the local agency may invest any portion of the moneys that it deems wise or expedient in those investments set forth below. A local agency purchasing or obtaining any securities prescribed in this section, in a negotiable, bearer, registered, or nonregistered format, shall require delivery of the securities to the local agency, including those purchased for the agency by financial advisers, consultants, or managers using the agencys funds, by book entry, physical delivery, or by third-party custodial agreement. The transfer of securities to the counterparty banks customer book entry account may be used for book entry delivery.
For purposes of this section, counterparty means the other party to the transaction. A counterparty banks trust department or separate safekeeping department may be used for the physical delivery of the security if the security is held in the name of the local agency. Where this section specifies a percentage limitation for a particular category of investment, that percentage is applicable only at the date of purchase. Where this section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement or securities lending agreement authorized by this section, that at the time of the investment has a term remaining to maturity in excess of five years, unless the legislative body has granted express authority to make that investment either specifically or as a part of an investment program approved by the legislative body no less than three months prior to the investment:
(a)Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency.
(b)United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest.
(c)Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state.
(d)Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
(e)Bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.
(f)Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises.
(g)Bankers acceptances otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank. Purchases of bankers acceptances shall not exceed 180 days maturity or 40 percent of the agencys moneys that may be invested pursuant to this section. However, no more than 30 percent of the agencys moneys may be invested in the bankers acceptances of any one commercial bank pursuant to this section.
This subdivision does not preclude a municipal utility district from investing moneys in its treasury in a manner authorized by the Municipal Utility District Act (Division 6 (commencing with Section 11501) of the Public Utilities Code).
(h)Commercial paper of prime quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical rating organization (NRSRO). The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or (2):
(1)The entity meets the following criteria:
(A)Is organized and operating in the United States as a general corporation.
(B)Has total assets in excess of five hundred million dollars ($500,000,000).
(C)Has debt other than commercial paper, if any, that is rated in a rating category of A or its equivalent or higher by an NRSRO.
(2)The entity meets the following criteria:
(A)Is organized within the United States as a special purpose corporation, trust, or limited liability company.
(B)Has programwide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond.
(C)Has commercial paper that is rated A-1 or higher, or the equivalent, by an NRSRO.
Eligible commercial paper shall have a maximum maturity of 270 days or less. Local agencies, other than counties or a city and county, may invest no more than 25 percent of their moneys in eligible commercial paper. Local agencies, other than counties or a city and county, may purchase no more than 10 percent of the outstanding commercial paper of any single issuer. Counties or a city and county may invest in commercial paper pursuant to the concentration limits in subdivision (a) of Section 53635.
(i)Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Purchases of negotiable certificates of deposit shall not exceed 30 percent of the agencys moneys that may be invested pursuant to this section. For purposes of this section, negotiable certificates of deposit do not come within Article 2 (commencing with Section 53630), except that the amount so invested shall be subject to the limitations of Section 53638. The legislative body of a local agency and the treasurer or other official of the local agency having legal custody of the moneys are prohibited from investing local agency funds, or funds in the custody of the local agency, in negotiable certificates of deposit issued by a state or federal credit union if a member of the legislative body of the local agency, or a person with investment decisionmaking authority in the administrative office managers office, budget office, auditor-controllers office, or treasurers office of the local agency also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposit.
(j)(1)Investments in repurchase agreements or reverse repurchase agreements or securities lending agreements of securities authorized by this section, as long as the agreements are subject to this subdivision, including the delivery requirements specified in this section.
(2)Investments in repurchase agreements may be made, on an investment authorized in this section, when the term of the agreement does not exceed one year. The market value of securities that underlie a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102 percent no later than the next business day.
(3)Reverse repurchase agreements or securities lending agreements may be utilized only when all of the following conditions are met:
(A)The security to be sold using a reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale.
(B)The total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency does not exceed 20 percent of the base value of the portfolio.
(C)The agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
(D)Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counterparty using a reverse repurchase agreement or securities lending agreement shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
(4)(A)Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security may be made only upon prior approval of the governing body of the local agency and shall be made only with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with a local agency.
(B)For purposes of this chapter, significant banking relationship means any of the following activities of a bank:
(i)Involvement in the creation, sale, purchase, or retirement of a local agencys bonds, warrants, notes, or other evidence of indebtedness.
(ii)Financing of a local agencys activities.
(iii)Acceptance of a local agencys securities or funds as deposits.
(5)(A)Repurchase agreement means a purchase of securities by the local agency pursuant to an agreement by which the counterparty seller will repurchase the securities on or before a specified date and for a specified amount and the counterparty will deliver the underlying securities to the local agency by book entry, physical delivery, or by third-party custodial agreement. The transfer of underlying securities to the counterparty banks customer book-entry account may be used for book-entry delivery.
(B)Securities, for purposes of repurchase under this subdivision, means securities of the same issuer, description, issue date, and maturity.
(C)Reverse repurchase agreement means a sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase the securities on or before a specified date and includes other comparable agreements.
(D)Securities lending agreement means an agreement under which a local agency agrees to transfer securities to a borrower who, in turn, agrees to provide collateral to the local agency. During the term of the agreement, both the securities and the collateral are held by a third party. At the conclusion of the agreement, the securities are transferred back to the local agency in return for the collateral.
(E)For purposes of this section, the base value of the local agencys pool portfolio shall be that dollar amount obtained by totaling all cash balances placed in the pool by all pool participants, excluding any amounts obtained through selling securities by way of reverse repurchase agreements, securities lending agreements, or other similar borrowing methods.
(F)For purposes of this section, the spread is the difference between the cost of funds obtained using the reverse repurchase agreement and the earnings obtained on the reinvestment of the funds.
(k)Medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision shall be rated in a rating category of A or its equivalent or better by an NRSRO. Purchases of medium-term notes shall not include other instruments authorized by this section and shall not exceed 30 percent of the agencys moneys that may be invested pursuant to this section.
(l)(1)Shares of beneficial interest issued by diversified management companies that invest in the securities and obligations as authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and that comply with the investment restrictions of this article and Article 2 (commencing with Section 53630). However, notwithstanding these restrictions, a counterparty to a reverse repurchase agreement or securities lending agreement is not required to be a primary dealer of the Federal Reserve Bank of New York if the companys board of directors finds that the counterparty presents a minimal risk of default, and the value of the securities underlying a repurchase agreement or securities lending agreement may be 100 percent of the sales price if the securities are marked to market daily.
(2)Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.).
(3)If investment is in shares issued pursuant to paragraph (1), the company shall have met either of the following criteria:
(A)Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
(B)Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years experience investing in the securities and obligations authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and with assets under management in excess of five hundred million dollars ($500,000,000).
(4)If investment is in shares issued pursuant to paragraph (2), the company shall have met either of the following criteria:
(A)Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
(B)Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000).
(5)The purchase price of shares of beneficial interest purchased pursuant to this subdivision shall not include commission that the companies may charge and shall not exceed 20 percent of the agencys moneys that may be invested pursuant to this section. However, no more than 10 percent of the agencys funds may be invested in shares of beneficial interest of any one mutual fund pursuant to paragraph (1).
(m)Moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or other agreement of a local agency, or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements, may be invested in accordance with the statutory provisions governing the issuance of those bonds, indebtedness, or lease installment sale, or other agreement, or to the extent not inconsistent therewith or if there are no specific statutory provisions, in accordance with the ordinance, resolution, indenture, or agreement of the local agency providing for the issuance.
(n)Notes, bonds, or other obligations that are at all times secured by a valid first priority security interest in securities of the types listed by Section 53651 as eligible securities for the purpose of securing local agency deposits having a market value at least equal to that required by Section 53652 for the purpose of securing local agency deposits. The securities serving as collateral shall be placed by delivery or book entry into the custody of a trust company or the trust department of a bank that is not affiliated with the issuer of the secured obligation, and the security interest shall be perfected in accordance with the requirements of the Uniform Commercial Code or federal regulations applicable to the types of securities in which the security interest is granted.
(o)A mortgage passthrough security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond of a maximum of five years maturity. Securities eligible for investment under this subdivision shall be issued by an issuer rated in a rating category of A or its equivalent or better for the issuers debt as provided by an NRSRO and rated in a rating category of AA or its equivalent or better by an NRSRO. Purchase of securities authorized by this subdivision shall not exceed 20 percent of the agencys surplus moneys that may be invested pursuant to this section.
(p)Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
(1)The adviser is registered or exempt from registration with the Securities and Exchange Commission.
(2)The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive.
(3)The adviser has assets under management in excess of five hundred million dollars ($500,000,000).
(q)United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of AA or its equivalent or better by an NRSRO and shall not exceed 30 percent of the agencys moneys that may be invested pursuant to this section.
SEC. 13.Section 65091 of the Government Code is amended to read:65091.(a)When a provision of this title requires notice of a public hearing to be given pursuant to this section, notice shall be given in all of the following ways:
(1)Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the local agency may use records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll. Notice shall also be mailed to the owners duly authorized agent, if any, and to the project applicant.
(2)When the Subdivision Map Act Division 2 (commencing with Section 66410) of Title 7 requires notice of a public hearing to be given pursuant to this section, notice shall also be given to any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to Section 883.230 of the Civil Code.
(3)Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
(4)Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the local agency may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or paragraph (1) is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days prior to the hearing.
(5)If the notice is mailed or delivered pursuant to paragraph (4), the notice shall also either be:
(A)Published pursuant to Section 6061 in at least one newspaper of general circulation within the local agency which is conducting the proceeding at least 10 days prior to the hearing.
(B)Posted at least 10 days prior to the hearing in at least three public places within the boundaries of the local agency, including one public place in the area directly affected by the proceeding.
(b)The notice shall include the information specified in Section 65094.
(c)In addition to the notice required by this section, a local agency may give notice of the hearing in any other manner it deems necessary or desirable.
(d)Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit. The Legislature finds that access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem; therefore, this subdivision shall be applicable to charter cities.
SEC. 14.Section 65302 of the Government Code, as amended by Section 1 of Chapter 608 of the Statutes of 2015, is amended to read:65302.The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:
(a)A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:
(1)Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5).
(2)Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.
(A)In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources.
(B)The following definitions govern this paragraph:
(i)Military readiness activities mean all of the following:
(I)Training, support, and operations that prepare the men and women of the military for combat.
(II)Operation, maintenance, and security of any military installation.
(III)Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.
(ii)Military installation means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined in paragraph (1) of subsection (g) of Section 2687 of Title 10 of the United States Code.
(b)(1)A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, all correlated with the land use element of the plan.
(2)(A)Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan.
(B)For purposes of this paragraph, users of streets, roads, and highways mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.
(c)A housing element as provided in Article 10.6 (commencing with Section 65580).
(d)(1)A conservation element for the conservation, development, and utilization of natural resources including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county.
(2)The conservation element may also cover all of the following:
(A)The reclamation of land and waters.
(B)Prevention and control of the pollution of streams and other waters.
(C)Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.
(D)Prevention, control, and correction of the erosion of soils, beaches, and shores.
(E)Protection of watersheds.
(F)The location, quantity and quality of the rock, sand, and gravel resources.
(3)Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management.
(e)An open-space element as provided in Article 10.5 (commencing with Section 65560).
(f)(1)A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:
(A)Highways and freeways.
(B)Primary arterials and major local streets.
(C)Passenger and freight online railroad operations and ground rapid transit systems.
(D)Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation.
(E)Local industrial plants, including, but not limited to, railroad classification yards.
(F)Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.
(2)Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in paragraphs (1) to (6), inclusive.
(3)The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise.
(4)The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the states noise insulation standards.
(g)(1)A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.
(2)The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:
(A)Identify information regarding flood hazards, including, but not limited to, the following:
(i)Flood hazard zones. As used in this subdivision, flood hazard zone means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency (FEMA). The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses permitted within flood hazard zones will be free from flooding or flood damage.
(ii)National Flood Insurance Program maps published by FEMA.
(iii)Information about flood hazards that is available from the United States Army Corps of Engineers.
(iv)Designated floodway maps that are available from the Central Valley Flood Protection Board.
(v)Dam failure inundation maps prepared pursuant to Section 8589.5 that are available from the Office of Emergency Services.
(vi)Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.
(vii)Maps of levee protection zones.
(viii)Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.
(ix)Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding.
(x)Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities.
(xi)Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.
(B)Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:
(i)Avoiding or minimizing the risks of flooding to new development.
(ii)Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones.
(iii)Maintaining the structural and operational integrity of essential public facilities during flooding.
(iv)Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.
(v)Establishing cooperative working relationships among public agencies with responsibility for flood protection.
(C)Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).
(3)Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Researchs most recent publication of Fire Hazard Planning, General Plan Technical Advice Series and shall also include all of the following:
(A)Information regarding fire hazards, including, but not limited to, all of the following:
(i)Fire hazard severity zone maps available from the Department of Forestry and Fire Protection.
(ii)Any historical data on wildfires available from local agencies or a reference to where the data can be found.
(iii)Information about wildfire hazard areas that may be available from the United States Geological Survey.
(iv)General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open space designations of homeowner associations.
(v)Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.
(B)A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire.
(C)A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B) including, but not limited to, all of the following:
(i)Avoiding or minimizing the wildfire hazards associated with new uses of land.
(ii)Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.
(iii)Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.
(iv)Working cooperatively with public agencies with responsibility for fire protection.
(D)If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or countys adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph.
(4)Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Researchs General Plan Guidelines and shall include all of the following:
(A)(i)A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3).
(ii)Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:
(I)Information from the Internet-based Cal-Adapt tool.
(II)Information from the most recent version of the California Adaptation Planning Guide.
(III)Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.
(IV)Information from local agencies on their current ability to deal with the impacts of climate change.
(V)Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged.
(VI)Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities.
(VII)Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services.
(B)A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.
(C)A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B) including, but not limited to, all of the following:
(i)Feasible methods to avoid or minimize climate change impacts associated with new uses of land.
(ii)The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas.
(iii)The designation of adequate and feasible infrastructure located in an at-risk area.
(iv)Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.
(v)The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For the purposes of this clause, natural infrastructure means the preservation or restoration of ecological systems, or utilization of engineered systems that use ecological processes, to increase resiliency to climate change, manage other environmental hazards, or both. This may include, but is not limited to, floodplain and wetlands restoration or preservation, combining levees with restored natural systems to reduce flood risk, and urban tree planting to mitigate high heat days.
(D)(i)If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document.
(ii)Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions, climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met.
(5)After the initial revision of the safety element pursuant to paragraphs (2) and (3), upon each revision of the housing element, the planning agency shall review and, if necessary, revise the safety element to identify new information relating to flood and fire hazards that was not available during the previous revision of the safety element.
(6)Cities and counties that have flood plain management ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the flood plain ordinance, specifically showing how each requirement of this subdivision has been met.
(7)Prior to the periodic review of its general plan and prior to preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision.
(8)To the extent that a countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys planning area in satisfaction of the requirement imposed by this subdivision.
SEC. 15.Section 67661 of the Government Code is amended to read:67661.The following may serve as ex officio nonvoting members of the board:
(a)A representative appointed by the Monterey Peninsula Community College District.
(b)A representative appointed by the Monterey Peninsula Unified School District.
(c)A representative designated by the Member of Congress that has the majority portion of Ford Ord in his or her Congressional District.
(d)A representative designated by the Senator that has the majority portion of Ford Ord in his or her Senate District.
(e)A representative designated by the Assembly Member that has the majority portion of Ford Ord in his or her Assembly District.
(f)A representative designated by the United States Army.
(g)A representative designated by the Chancellor of the California State University.
(h)A representative designated by the President of the University of California.
(i)A representative designated by the Monterey County Water Resources Agency.
(j)A representative designated by the Transportation Agency of Monterey County.
SEC. 16.Section 5471 of the Health and Safety Code is amended to read:5471.(a)In addition to the powers granted in the principal act, any entity shall have power, by an ordinance or resolution approved by a two-thirds vote of the members of the legislative body thereof, to prescribe, revise and collect, fees, tolls, rates, rentals, or other charges for services and facilities furnished by it, either within or without its territorial limits, in connection with its water, sanitation, storm drainage, or sewerage system.
(b)In addition to the powers granted in the principal act, any entity shall have power, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, to prescribe, revise, and collect water, sewer, or water and sewer standby or immediate availability charges for services and facilities furnished by it, either within or without its territorial limits, in connection with its water, sanitation, storm drainage, or sewerage system.
(c)The entity may provide that the charge for the service shall be collected with the rates, tolls, and charges for any other utility, and that any or all of these charges may be billed upon the same bill. Where the charge is to be collected with the charges for any other utility service furnished by a department or agency of the entity and over which its legislative body does not exercise control, the consent of the department or agency shall be obtained prior to collecting water, sanitation, storm drainage, or sewerage charges with the charges for any other utility. Revenues derived under the provisions in this section, shall be used only for the acquisition, construction, reconstruction, maintenance, and operation of water systems and sanitation, storm drainage, or sewerage facilities, to repay principal and interest on bonds issued for the construction or reconstruction of these water systems and sanitary, storm drainage, or sewerage facilities and to repay federal or state loans or advances made to the entity for the construction or reconstruction of water systems and sanitary, storm drainage, or sewerage facilities. However, the revenue shall not be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor, and outfall sewers.
(d)If the procedures set forth in this section as it read at the time a standby charge was established were followed, the entity may, by ordinance or resolution adopted by a two-thirds vote of the members of the legislative body thereof, continue the charge pursuant to this section in successive years at the same rate. If new, increased, or extended assessments are proposed, the entity shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.
SEC. 17.Section 5473 of the Health and Safety Code is amended to read:5473.Any entity which has adopted an ordinance or resolution pursuant to this article or an order pursuant to Section 6520.5 may, by such ordinance or resolution or by separate ordinances or resolutions approved by a two-thirds vote of the members of the legislative body thereof, elect to have such charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes. In such event, it shall cause a written report to be prepared each year and filed with the clerk, which shall contain a description of each parcel of real property receiving such services and facilities and the amount of the charge for each parcel for the year, computed in conformity with the charges prescribed by the ordinance or resolution.
Any ordinance or resolution adopted pursuant to this section authorizing the collection of charges on the tax roll shall remain in effect for the time specified in the ordinance or resolution or, if no time is specified in the ordinance or resolution, until repealed or until a change is made in the rates charged by the entity.
The powers authorized by this section shall be alternative to all other powers of any entity, and alternative to other procedures adopted by the legislative body thereof for the collection of such charges.
The real property may be described by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the county assessor or by reference to plats or maps on file in the office of the clerk.
SEC. 18.Section 5474 of the Health and Safety Code is amended to read:5474.An entity shall have the power by ordinance or resolution approved by two-thirds vote of the members of the legislative body thereof to fix fees or charges for the privilege of connecting to its sanitation or sewerage facilities and improvements constructed by the entity pursuant to Sections 5463 and 5464, to fix the time or times at which the fees or charges shall become due, to provide for the payment of the fees or charges prior to connection or in installments over a period of not to exceed 30 years, to provide the rate of interest, not to exceed 12 percent per annum, to be charged on the unpaid balance of the fees or charges, and to provide that the amount of the fees or charges and the interest thereon shall constitute a lien against the respective lots or parcels of land to which the facilities are connected at the time and in the manner specified in Sections 5473.5 and 5473.8. Prior to making the fees or charges a lien against the land, the legislative body shall give notice to the owners of the lots or parcels of land affected, and the notice shall set forth all of the following:
(a)The schedule of fees or charges to be imposed by the entity.
(b)A description of the property subject to the fees or charges, which description may be by reference to a plat or diagram on file in the office of the clerk of the legislative body, or to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the county assessor.
(c)The time or times at which the fees or charges shall become due.
(d)The number of installments in which the fees or charges shall be payable.
(e)The rate of interest, not to exceed 12 percent per annum, to be charged on the unpaid balance of the fees or charges.
(f)That it is proposed that the fees or charges and interest thereon shall constitute a lien against the lots or parcels of land to which the facilities are furnished.
(g)The time and place at which the legislative body will hold a hearing at which persons may appear and present any and all objections they may have to the imposition of the fees or charges as a lien against the land.
SEC. 19.Section 5474.8 of the Health and Safety Code is amended to read:5474.8.Fees or charges imposed by an entity by ordinance or resolution adopted pursuant to Section 5474 may differ in amount or method of computation from fees or charges imposed by any other ordinance or resolution of such entity adopted pursuant to Section 5474.
SEC. 20.Section 13822 of the Health and Safety Code is amended to read:13822.Once the chief petitioners have filed a sufficient petition or a legislative body has filed a resolution of application, the local agency formation commission shall proceed pursuant to Chapter 5 (commencing with Section 56825) of Part 3 of Division 3 of Title 5 of the Government Code.
SEC. 21.Section 22161 of the Public Contract Code, as amended by Section 2 of Chapter 715 of the Statutes of 2015, is amended to read:22161.For purposes of this chapter, the following definitions apply:
(a)Best value means a value determined by evaluation of objective criteria that relate to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the local agency and meeting the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring agency, or a tradeoff between price and other specified factors.
(b)Construction subcontract means each subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the State of California that, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team.
(c)Design-build means a project delivery process in which both the design and construction of a project are procured from a single entity.
(d)Design-build entity means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract.
(e)Design-build team means the design-build entity itself and the individuals and other entities identified by the design-build entity as members of its team. Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors.
(f)Local agency means the following:
(1)A city, county, or city and county.
(2)A special district that operates wastewater facilities, solid waste management facilities, water recycling facilities, or fire protection facilities.
(3)Any transit district, included transit district, municipal operator, included municipal operator, any consolidated agency, as described in Section 132353.1 of the Public Utilities Code, any joint powers authority formed to provide transit service, any county transportation commission created pursuant to Section 130050 of the Public Utilities Code, or any other local or regional agency, responsible for the construction of transit projects.
(4)The San Diego Association of Governments, as referenced in the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7 of the Public Utilities Code).
(g)(1)For a local agency defined in paragraph (1) of subdivision (f), project means the construction of a building or buildings and improvements directly related to the construction of a building or buildings, county sanitation wastewater treatment facilities, and park and recreational facilities, but does not include the construction of other infrastructure, including, but not limited to, streets and highways, public rail transit, or water resources facilities and infrastructure. For a local agency defined in paragraph (1) of subdivision (f) that operates wastewater facilities, solid waste management facilities, or water recycling facilities, project also means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, or regional and local water recycling facilities.
(2)For a local agency defined in paragraph (2) of subdivision (f), project means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, regional and local water recycling facilities, or fire protection facilities.
(3)For a local agency defined in paragraph (3) of subdivision (f), project means a transit capital project that begins a project solicitation on or after January 1, 2015. A project, as defined by this paragraph, that begins the solicitation process before January 1, 2015, is subject to Article 6.8 (commencing with Section 20209.5) of Chapter 1. Project, as defined by this paragraph, does not include state highway construction or local street and road projects.
(4)For a local agency defined in paragraph (4) of subdivision (f), project has the same meaning as in paragraph (3), and in addition shall include development projects adjacent, or physically or functionally related, to transit facilities developed or jointly developed by the local agency.
SEC. 22.Section 11005 of the Revenue and Taxation Code is amended to read:11005.After payment of refunds therefrom and after making the deductions authorized by Section 11003 and reserving the amount determined necessary by the Pooled Money Investment Board to meet the transfers ordered or proposed to be ordered pursuant to Section 16310 of the Government Code, the balance of all motor vehicle license fees and any other money appropriated by law for expenditure pursuant to this section, deposited to the credit of the Motor Vehicle License Fee Account in the Transportation Tax Fund, and remaining unexpended in that account at the close of business on the last day of the calendar month, shall be allocated by the Controller by the 10th day of the following month in accordance with the following:
(a)On and after July 1, 2011, to the Local Law Enforcement Services Account in the Local Revenue Fund 2011, as established by Section 30025 of the Government Code, for allocation to cities, counties, and cities and counties.
(b)On or after July 1, 2004, but before July 1, 2011:
(1)First, to the County of Orange. For the 200405 fiscal year, that county shall be allocated fifty-four million dollars ($54,000,000) in monthly installments. For the 200506 fiscal year and each fiscal year thereafter, that county shall receive, in monthly installments, an amount equal to the amount allocated under this section for the prior fiscal year, adjusted for the percentage change in the amount of revenues credited to the Motor Vehicle License Fee Account in the Transportation Tax Fund from the revenues credited to that account in the prior fiscal year. Moneys allocated to the County of Orange under this subdivision shall be used first for the service of indebtedness as provided in paragraph (1) of subdivision (a) of Section 11001.5. Any amounts in excess of the amount required for this service of indebtedness may be used by that county for any lawful purpose.
(2)Second, to each city, the population of which is determined under Section 11005.3 on August 5, 2004, in an amount equal to the additional amount of vehicle license fee revenue, including offset transfers, that would be allocated to that city under Sections 11000 and 11005, as those sections read on January 1, 2004, as a result of that citys population being determined under subdivision (a) or (b) of Section 11005.3.
(3)Third, to each city that was incorporated from an unincorporated territory after August 5, 2004, in an amount equal to the product of the following two amounts:
(A)The quotient derived from the following fraction:
(i)The numerator is the product of the following two amounts:
(I)Fifty dollars ($50) per year.
(II)The fraction determined as the total amount of vehicle license fee revenue collected during the most recent fiscal year divided by the total amount of vehicle license fee revenue collected during the 200405 fiscal year.
(ii)The denominator is the fraction determined as the actual population, as defined in subdivision (d) of Section 11005.3, of all cities during the most recent fiscal year, divided by the actual population, as defined in subdivision (d) of Section 11005.3, of all cities in the 200405 fiscal year.
(B)The citys population determined in accordance with Section 11005.3.
(4)Fourth, to each city that was incorporated before August 5, 2004, in an amount equal to the product of the following two amounts:
(A)The quotient derived from the following fraction:
(i)The numerator is the product of the following two amounts:
(I)Fifty dollars ($50) per year.
(II)The fraction determined as the total amount of vehicle license fee revenue collected during the most recent fiscal year divided by the total amount of vehicle license fee revenue collected during the 200405 fiscal year.
(ii)The denominator is the fraction determined as the actual population, as defined in subdivision (d) of Section 11005.3, of all cities during the most recent fiscal year, divided by the actual population, as defined in subdivision (d) of Section 11005.3, of all cities in the 200405 fiscal year.
(B)The actual population, as defined in subdivision (d) of Section 11005.3, residing in areas annexed after August 5, 2004, as of the date of annexation.
(5)Fifth, to the cities and cities and counties of this state in the proportion that the population of each city or city and county bears to the total population of all cities and cities and counties in this state, as determined by the Demographic Research Unit of the Department of Finance. For the purpose of this subdivision, the population of each city or city and county shall be determined in accordance with Section 11005.3.
SEC. 23.Section 11005.3 of the Revenue and Taxation Code is amended to read:11005.3.(a)In the case of a city that incorporated on or after January 1, 1987, and before August 5, 2004, the Controller shall determine that the population of the city for its first 10 full fiscal years, and any portion of the first year in which the incorporation is effective if less than a full fiscal year, is the greater of either:
(1)The number of registered voters in the city multiplied by three. The number of registered voters shall be calculated as of the effective date of the incorporation of the city.
(2)The actual population, as defined in subdivision (d).
(b)In the case of a city that incorporated on or after January 1, 1987, and before August 5, 2004, and for which the application for incorporation was filed with the executive officer of the local agency formation commission pursuant to subdivision (a) of Section 56828 of the Government Code on or after January 1, 1991, the Controller shall determine that the population of the city for its first seven full fiscal years, and any portion of the first year in which the incorporation is effective if less than a full fiscal year, is the greater of either:
(1)The number of registered voters in the city multiplied by three. The number of registered voters shall be calculated as of the effective date of the incorporation of the city.
(2)The actual population, as defined in subdivision (d).
(c)In the case of a city that was incorporated from unincorporated territory after August 5, 2004, the Controller shall determine the population of the city as follows:
(1)For its first 12 months, 150 percent of the citys actual population.
(2)For its 13th through 24th months, 140 percent of the citys actual population.
(3)For its 25th through 36th months, 130 percent of the citys actual population.
(4)For its 37th through 48th months, 120 percent of the citys actual population.
(5)For its 49th through 60th months, 110 percent of the citys actual population.
(6)After its 60th month, the citys actual population.
(d)For purposes of this section, actual population means the population determined by the last federal decennial or special census, or a subsequent census validated by the Demographic Research Unit of the Department of Finance or subsequent estimate prepared pursuant to Section 2107.2 of the Streets and Highways Code.
(e)In the case of unincorporated territory being annexed to a city, during the 10-year, 7-year, or 5-year period following incorporation, as the case may be, subsequent to the last federal census, or a subsequent census validated by the Demographic Research Unit of the Department of Finance, the unit shall determine the population of the annexed territory by the use of any federal decennial or special census or any estimate prepared pursuant to Section 2107.2 of the Streets and Highways Code. The population of the annexed territory as determined by the Demographic Research Unit shall be added to the citys population as previously determined by the Controller pursuant to paragraph (1) or (2) of subdivision (a), paragraph (1) or (2) of subdivision (b), or subdivision (c), as applicable.
(f)After the 10-year, 7-year, or 5-year period following incorporation, as the case may be, the Controller shall determine the population of the city as the citys actual population, as defined in subdivision (d).
(g)The amendments made to this section by the act adding this subdivision shall not apply with respect to either of the following:
(1)Any city that has adopted an ordinance or resolution, approved a ballot measure, or is subject to a consent decree or court order, that annually limits the number of housing units that may be constructed within the city.
(2)Any city that has not prepared and adopted a housing element in compliance with Section 65585 of the Government Code.
(h)This section shall become operative July 1, 1991.
SEC. 24.Section 19201 of the Revenue and Taxation Code is amended to read:19201.If any amount due under Part 10 (commencing with Section 17001), Part 11 (commencing with Section 23001), or any amount that may be collected by the Franchise Tax Board as though it were a tax, is not paid, the Franchise Tax Board may file in the Office of the Clerk of the Court of Sacramento County, or any other county, a certificate specifying the amount due, the name and last known address of the taxpayer liable for the amount due, and the fact that the Franchise Tax Board has complied with all provisions of the law in the computation and levy of the amount due, and a request that judgment be entered against the taxpayer in the amount set forth in the certificate.
SEC. 25.Section 19202 of the Revenue and Taxation Code is amended to read:19202.The clerk of the court immediately upon the filing of the certificate shall enter a judgment for the people of the State of California against the taxpayer in the amount set forth in the certificate. The clerk of the court may file the judgment in a loose-leaf book entitled Personal Income Tax Judgments or Bank and Corporation Tax Judgments, as appropriate.
SEC. 26.Section 2105 of the Streets and Highways Code is amended to read:2105.Notwithstanding Section 13340 of the Government Code, in addition to the apportionments prescribed by Sections 2104, 2106, and 2107, from the revenues derived from a per gallon tax imposed pursuant to Section 7360 of the Revenue and Taxation Code, and a per gallon tax imposed pursuant to Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation Code, and a per gallon tax imposed pursuant to Sections 60050 and 60115 of the Revenue and Taxation Code, the following apportionments shall be made:
(a)A sum equal to 1.035 cents ($0.01035) per gallon from the tax under Section 7360 of the Revenue and Taxation Code, 11.5 percent of any per gallon tax in excess of nine cents ($0.09) per gallon under Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation Code, and 1.035 cents ($0.01035) per gallon from the tax under Sections 60050 and 60115 of the Revenue and Taxation Code, shall be apportioned among the counties, including a city and county.
The amount of apportionment to each county, including a city and county, during a fiscal year shall be calculated as follows:
(1)One million dollars ($1,000,000) for apportionment to all counties, including a city and county, in proportion to each countys receipts during the prior fiscal year under Sections 2104 and 2106.
(2)One million dollars ($1,000,000) for apportionment to all counties, including a city and county, as follows:
(A)Seventy-five percent in the proportion that the number of fee-paid and exempt vehicles which are registered in the county bears to the number of fee-paid and exempt vehicles registered in the state.
(B)Twenty-five percent in the proportion that the number of miles of maintained county roads in the county bears to the miles of maintained county roads in the state.
(3)For each county, determine its factor which is the higher amount calculated pursuant to paragraph (1) or (2) divided by the sum of the higher amounts for all of the counties.
(4)The amount to be apportioned to each county is equal to its factor multiplied by the amount available for apportionment.
(b)A sum equal to 1.035 cents ($0.01035) per gallon from the tax under Section 7360 of the Revenue and Taxation Code, 11.5 percent of any per gallon tax in excess of nine cents ($0.09) per gallon under Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation Code, and 1.035 cents ($0.01035) per gallon from the tax under Sections 60050 and 60115 of the Revenue and Taxation Code, shall be apportioned to cities, including a city and county, in the proportion that the total population of the city bears to the total population of all the cities in the state.
(c)(1)Transfers of revenues from the Highway Users Tax Account to counties or cities pursuant to this section collected during the months of March, April, May, June, and July of 2008, shall be made with the transfer of August 2008 revenues in September of 2008. This suspension shall not apply to a county with a population of less than 40,000.
(2)For the purpose of meeting the cash obligations associated with ongoing budgeted costs, a city or county may make use of any cash balance in the city account that is designated for the receipt of state funds allocated for local streets and roads or the county road fund, including that resulting from the receipt of funds pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code (hereafter bond act)) for local streets and roads maintenance, during the period of this suspension, without the use of this cash being reflected as an expenditure of bond act funds, provided the cash is replaced once this suspension is repaid in September of 2008. Counties and cities may accrue the revenue received in September 2008 as repayment of these suspensions for the months of April, May, and June of 2008 back to the 200708 fiscal year. Nothing in this paragraph shall change the fact that expenditures must be accrued and reflected from the appropriate funding sources for which the moneys were received and meet all the requirements of those funding sources.
(d)(1)The transfer of revenues from the Highway Users Tax Account to counties or cities pursuant to this section collected during the months of January, February, and March 2009 shall be made with the transfer of April 2009 revenues in May 2009.
(2)For the purpose of meeting the cash obligations associated with ongoing budgeted costs, a city or county may make use of any cash balance in the city account that is designated for the receipt of state funds allocated for local streets and roads or the county road fund, including that resulting from the receipt of funds pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code (bond act)) for local streets and roads maintenance, during the period of this suspension, and the use of this cash shall not be considered as an expenditure of bond act funds, if the cash is replaced when the payments that are suspended pursuant to this subdivision are repaid in May 2009.
(3)This subdivision shall not affect any requirement that an expenditure is required to be accrued and reflected from the appropriate funding source for which the money was received and to meet all the requirements of its funding source.
SEC. 27.Section 36601 of the Streets and Highways Code is amended to read:36601.The Legislature finds and declares all of the following:
(a)Businesses located and operating within business districts in some of this states communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts.
(b)It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts.
(c)It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d)Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them.
(e)Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1)Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2)Job creation.
(3)Business attraction.
(4)Business retention.
(5)Economic growth.
(6)New investments.
(f)With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment.
(g)Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIIID to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIIID of the Constitution provides that property-based districts may only levy assessments for special benefits.
(h)The act amending this section is intended to provide the Legislatures guidance with regard to this act, its interaction with the provisions of Article XIIID of the Constitution, and the determination of special benefits in property-based districts.
(1)The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property.
(2)Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits. The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.
(3)It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits. Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.
SEC. 28.Section 36606 of the Streets and Highways Code is amended to read:36606.Activities means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a)Promotion of public events.
(b)Furnishing of music in any public place.
(c)Promotion of tourism within the district.
(d)Marketing and economic development, including retail retention and recruitment.
(e)Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality.
(f)Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district.
SEC. 29.Section 36610 of the Streets and Highways Code is amended to read:36610.Improvement means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a)Parking facilities.
(b)Benches, booths, kiosks, display cases, pedestrian shelters and signs.
(c)Trash receptacles and public restrooms.
(d)Lighting and heating facilities.
(e)Decorations.
(f)Parks.
(g)Fountains.
(h)Planting areas.
(i)Closing, opening, widening, or narrowing of existing streets.
(j)Facilities or equipment, or both, to enhance security of persons and property within the district.
(k)Ramps, sidewalks, plazas, and pedestrian malls.
(l)Rehabilitation or removal of existing structures.
SEC. 30.Section 36625 of the Streets and Highways Code is amended to read:36625.(a)If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1)A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district.
(2)The number, date of adoption, and title of the resolution of intention.
(3)The time and place where the public hearing was held concerning the establishment of the district.
(4)A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5)A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part.
(6)A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district. Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district.
(7)A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8)In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b)The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.
SEC. 31.Section 36670 of the Streets and Highways Code is amended to read:36670.(a)Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1)If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment.
(2)During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment.
(b)The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention.
SEC. 32.Section 7.3 of the Kern County Water Agency Act (Chapter 1003 of the Statutes of 1961), as amended by Section 2 of Chapter 832 of the Statutes of 1972, is repealed.SEC. 33.Section 7.6 of the Kern County Water Agency Act (Chapter 1003 of the Statutes of 1961), as added by Section 2 of Chapter 49 of the Statutes of 1982, is amended to read:Sec.7.6.Sec. 7.6.(a)The board of directors shall not approve an agency budget unless the board has first conducted a public hearing.
(b)The board shall publish a notice of the hearing pursuant to Section 6066 of the Government Code.
SEC. 34.Section 8 of the Kern County Water Agency Act (Chapter 1003 of the Statutes of 1961) is repealed.SEC. 35.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)This act shall be known, and may be cited, as the Local Government Omnibus Act of 2016.
(b)The Legislature finds and declares that Californians want their governments to be run efficiently and economically and that public officials should avoid waste and duplication whenever possible. The Legislature further finds and declares that it desires to control its own costs by reducing the number of separate bills. Therefore, it is the intent of the Legislature in enacting this act to combine several minor, noncontroversial statutory changes relating to the common theme, purpose, and subject of local government into a single measure.
SEC. 2.Section 8770 of the Business and Professions Code is amended to read:8770.The record of survey filed with the county recorder of any county shall be securely fastened by the county recorder into a suitable book provided for that purpose, or stored in any other manner that will assure ensure that the maps will be kept together.
The county recorder shall keep proper indexes of such record of survey by the name of grant, tract, subdivision subdivision, or United States subdivision.
The original map shall be stored for safekeeping in a reproducible condition. It shall be proper procedure for the recorder to maintain for public reference a set of counter maps that are prints of the original maps, and the original maps to be produced for comparison upon demand.
SEC. 3.Section 6107 of the Government Code is amended to read:6107.(a)A public entity, including the state, a county, city, or other political subdivision, or any officer or employee thereof, including notaries public, shall not demand or receive any fee or compensation for doing any of the following:
(1)Recording, indexing, or issuing certified copies of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States.
(2)Furnishing a certified copy of, or searching for, any public record that is to be used in an application or claim for a pension, allotment, allowance, compensation, insurance (including automatic insurance), or any other benefits under any act of Congress for service in the Armed Forces of the United States or under any law of this state relating to veterans benefits.
(3)Furnishing a certified copy of, or searching for, any public record that is required by the Veterans Administration to be used in determining the eligibility of any person to participate in benefits made available by the Veterans Administration.
(4)Rendering any other service in connection with an application or claim referred to in paragraph (2) or (3).
(b)A certified copy of any record referred to in subdivision (a) may be made available only to one of the following:
(1)The person who is the subject of the record upon presentation of proper photo identification.
(2)A family member or legal representative of the person who is the subject of the record upon presentation of proper photo identification and certification of their relationship to the subject of the record.
(3)A state, county, or city office that provides veterans benefits services upon written request of that office.
(4)A United States official upon written request of that official. A public officer or employee is liable on his or her official bond for failure or refusal to render the services.
(c)(1)If the county recorder receives a written, faxed, or digitized image of a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States referred to in paragraph (1) of subdivision (a) that is accompanied by a notarized statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury, that the requester meets one of the descriptions in subdivision (b), the county recorder may furnish a certified copy to the requester pursuant to this section.
(2)A faxed or digitized image of the notarized statement accompanying a faxed or digitized image of a request received pursuant to this subdivision for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States shall be legible. If the notarys seal is not photographically reproducible, or does not show the name of the notary, the county of the notarys principal place of business, the notarys telephone number, the notarys registration number, and the notarys commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notarys signature in the acknowledgment, the county recorder shall not provide the certified copy. If a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States is made in person, the official shall take a statement sworn under penalty of perjury that the requester is signing his or her own legal name and is an authorized person pursuant to subdivision (b), and that official may then furnish a certified copy to the applicant.
(3)For purposes of this subdivision, digitized image of a request means an image of an original paper request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States.
SEC. 4.Section 8205 of the Government Code is amended to read:8205.(a)It is the duty of a notary public, when requested:
(1)To demand acceptance and payment of foreign and inland bills of exchange, or promissory notes, to protest them for nonacceptance and nonpayment, and, with regard only to the nonacceptance or nonpayment of bills and notes, to exercise any other powers and duties that by the law of nations and according to commercial usages, or by the laws of any other state, government, or country, may be performed by a notary. This paragraph applies only to a notary public employed by a financial institution, during the course and scope of the notarys employment with the financial institution.
(2)To take the acknowledgment or proof of advance health care directives, powers of attorney, mortgages, deeds, grants, transfers, and other instruments of writing executed by any person, and to give a certificate of that proof or acknowledgment, endorsed on or attached to the instrument. The certificate shall be signed by the notary public in the notary publics own handwriting. A notary public may not accept any acknowledgment or proof of any instrument that is incomplete.
(3)To take depositions and affidavits, and administer oaths and affirmations, in all matters incident to the duties of the office, or to be used before any court, judge, officer, or board. Any deposition, affidavit, oath, or affirmation shall be signed by the notary public in the notary publics own handwriting.
(4)To certify copies of powers of attorney under Section 4307 of the Probate Code. The certification shall be signed by the notary public in the notary publics own handwriting.
(b)It shall further be the duty of a notary public, upon written request:
(1)To furnish to the Secretary of State certified copies of the notarys journal.
(2)To respond within 30 days of receiving written requests sent by certified mail or any other means of physical delivery that provides a receipt from the Secretary of States office for information relating to official acts performed by the notary.
SEC. 5.Section 8206 of the Government Code is amended to read:8206.(a)(1)A notary public shall keep one active sequential journal at a time, of all official acts performed as a notary public. The journal shall be kept in a locked and secured area, under the direct and exclusive control of the notary. Failure to secure the journal shall be cause for the Secretary of State to take administrative action against the commission held by the notary public pursuant to Section 8214.1.
(2)The journal shall be in addition to, and apart from, any copies of notarized documents that may be in the possession of the notary public and shall include all of the following:
(A)Date, time, and type of each official act.
(B)Character of every instrument sworn to, affirmed, acknowledged, or proved before the notary.
(C)The signature of each person whose signature is being notarized.
(D)A statement as to whether the identity of a person making an acknowledgment or taking an oath or affirmation was based on satisfactory evidence. If identity was established by satisfactory evidence pursuant to Section 1185 of the Civil Code, the journal shall contain the signature of the credible witness swearing or affirming to the identity of the individual or the type of identifying document, the governmental agency issuing the document, the serial or identifying number of the document, and the date of issue or expiration of the document.
(E)If the identity of the person making the acknowledgment or taking the oath or affirmation was established by the oaths or affirmations of two credible witnesses whose identities are proven to the notary public by presentation of any document satisfying the requirements of paragraph (3) or (4) of subdivision (b) of Section 1185 of the Civil Code, the notary public shall record in the journal the type of documents identifying the witnesses, the identifying numbers on the documents identifying the witnesses, and the dates of issuance or expiration of the documents identifying the witnesses.
(F)The fee charged for the notarial service.
(G)If the document to be notarized is a deed, quitclaim deed, deed of trust, or other document affecting real property, or a power of attorney document, the notary public shall require the party signing the document to place his or her right thumbprint in the journal. If the right thumbprint is not available, then the notary shall have the party use his or her left thumb, or any available finger and shall so indicate in the journal. If the party signing the document is physically unable to provide a thumbprint or fingerprint, the notary shall so indicate in the journal and shall also provide an explanation of that physical condition. This paragraph shall not apply to a trustees deed resulting from a decree of foreclosure or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code, nor to a deed of reconveyance.
(b)If a sequential journal of official acts performed by a notary public is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered unusable as a record of notarial acts and information, the notary public shall immediately notify the Secretary of State by certified or registered mail or any other means of physical delivery that provides a receipt. The notification shall include the period of the journal entries, the notary public commission number, and the expiration date of the commission, and when applicable, a photocopy of any police report that specifies the theft of the sequential journal of official acts.
(c)Upon written request of any member of the public, which request shall include the name of the parties, the type of document, and the month and year in which notarized, the notary shall supply a photostatic copy of the line item representing the requested transaction at a cost of not more than thirty cents ($0.30) per page.
(d)The journal of notarial acts of a notary public is the exclusive property of that notary public, and shall not be surrendered to an employer upon termination of employment, whether or not the employer paid for the journal, or at any other time. The notary public shall not surrender the journal to any other person, except the county clerk, pursuant to Section 8209, or immediately, or if the journal is not present then as soon as possible, upon request to a peace officer investigating a criminal offense who has reasonable suspicion to believe the journal contains evidence of a criminal offense, as defined in Sections 830.1, 830.2, and 830.3 of the Penal Code, acting in his or her official capacity and within his or her authority. If the peace officer seizes the notary journal, he or she must have probable cause as required by the laws of this state and the United States. A peace officer or law enforcement agency that seizes a notary journal shall notify the Secretary of State by facsimile within 24 hours, or as soon as possible thereafter, of the name of the notary public whose journal has been seized. The notary public shall obtain a receipt for the journal, and shall notify the Secretary of State by certified mail any other means of physical delivery that provides a receipt within 10 days that the journal was relinquished to a peace officer. The notification shall include the period of the journal entries, the commission number of the notary public, the expiration date of the commission, and a photocopy of the receipt. The notary public shall obtain a new sequential journal. If the journal relinquished to a peace officer is returned to the notary public and a new journal has been obtained, the notary public shall make no new entries in the returned journal. A notary public who is an employee shall permit inspection and copying of journal transactions by a duly designated auditor or agent of the notary publics employer, provided that the inspection and copying is done in the presence of the notary public and the transactions are directly associated with the business purposes of the employer. The notary public, upon the request of the employer, shall regularly provide copies of all transactions that are directly associated with the business purposes of the employer, but shall not be required to provide copies of any transaction that is unrelated to the employers business. Confidentiality and safekeeping of any copies of the journal provided to the employer shall be the responsibility of that employer.
(e)The notary public shall provide the journal for examination and copying in the presence of the notary public upon receipt of a subpoena duces tecum or a court order, and shall certify those copies if requested.
(f)Any applicable requirements of, or exceptions to, state and federal law shall apply to a peace officer engaged in the search or seizure of a sequential journal.
SEC. 6.Section 8213 of the Government Code is amended to read:8213.(a)No later than 30 days after the beginning of the term prescribed in the commission, every person appointed a notary public shall file an official bond and an oath of office in the office of the county clerk of the county within which the person maintains a principal place of business as shown in the application submitted to the Secretary of State, and the commission shall not take effect unless this is done within the 30-day period. A person appointed to be a notary public shall take and subscribe the oath of office either in the office of that county clerk or before another notary public in that county. If the oath of office is taken and subscribed before the county clerk, the person appointed to be a notary public shall present an identification document meeting the requirements of subparagraph (A) or (B) of paragraph (3), or of subparagraph (A) or (E) or paragraph (4), of subdivision (b) of Section 1185 of the Civil Code to the county clerk as satisfactory evidence of identity. If the oath of office is taken and subscribed before a notary public, the oath and bond may be filed with the county clerk by certified mail or any other means of physical delivery that provides a receipt. Upon the filing of the oath and bond, the county clerk shall immediately transmit to the Secretary of State a certificate setting forth the fact of the filing and containing a copy of the official oath, personally signed by the notary public in the form set forth in the commission and shall immediately deliver the bond to the county recorder for recording. The county clerk shall retain the oath of office for one year following the expiration of the term of the commission for which the oath was taken, after which the oath may be destroyed or otherwise disposed of. The copy of the oath, personally signed by the notary public, on file with the Secretary of State may at any time be read in evidence with like effect as the original oath, without further proof.
(b)If a notary public transfers the principal place of business from one county to another, the notary public may file a new oath of office and bond, or a duplicate of the original bond with the county clerk to which the principal place of business was transferred. If the notary public elects to make a new filing, the notary public shall, within 30 days of the filing, obtain an official seal which shall include the name of the county to which the notary public has transferred. In a case where the notary public elects to make a new filing, the same filing and recording fees are applicable as in the case of the original filing and recording of the bond.
(c)If a notary public submits an application for a name change to the Secretary of State, the notary public shall, within 30 days from the date an amended commission is issued, file a new oath of office and an amendment to the bond with the county clerk in which the principal place of business is located. The amended commission with the name change shall not take effect unless the filing is completed within the 30-day period. The amended commission with the name change takes effect the date the oath and amendment to the bond is filed with the county clerk. If the principal place of business address was changed in the application for name change, either a new or duplicate of the original bond shall be filed with the county clerk with the amendment to the bond. The notary public shall, within 30 days of the filing, obtain an official seal that includes the name of the notary public and the name of the county to which the notary public has transferred, if applicable.
(d)The recording fee specified in Section 27361 of the Government Code shall be paid by the person appointed a notary public. The fee may be paid to the county clerk who shall transmit it to the county recorder.
(e)The county recorder shall record the bond and shall thereafter mail, unless specified to the contrary, it to the person named in the instrument and, if no person is named, to the party leaving it for recording.
SEC. 7.Section 8213.5 of the Government Code is amended to read:8213.5.A notary public shall notify the Secretary of State by certified mail or any other means of physical delivery that provides a receipt within 30 days as to any change in the location or address of the principal place of business or residence. A notary public shall not use a commercial mail receiving agency or post office box as his or her principal place of business or residence, unless the notary public also provides the Secretary of State with a physical street address as the principal place of residence. Willful failure to notify the Secretary of State of a change of address shall be punishable as an infraction by a fine of not more than five hundred dollars ($500).
SEC. 8.Section 8311 of the Government Code is amended to read:8311.Wherever any notice or other communication is required by any law to be mailed by registered mail to or by the state, or any officer or agency thereof, the mailing of such notice or other communication by certified mail or any other means of physical delivery that provides a receipt shall be deemed to be a sufficient compliance with the requirements of such law.
SEC. 9.Section 15606.1 of the Government Code is amended to read:15606.1.The duties, rules, regulations, and instructions as specified in Section 15606 shall include provisions for mobilehomes and floating homes which are subject to local property taxations. taxation.
SEC. 9.SEC. 10.Section 40805 of the Government Code is amended to read:40805.The report shall be published or posted consistent with the timelines established in Section 53891 after the close of the fiscal year for which the report is compiled.
SEC. 11.Section 53087.7 of the Government Code is amended to read:53087.7.(a)A city, including a charter city, county, or city and county, shall not enact any ordinance or regulation, or enforce any existing ordinance or regulation, that prohibits the installation of drought tolerant landscaping, synthetic grass, or artificial turf on residential property.
(b)A city, including a charter city, county, or city and county, may impose reasonable restrictions on the type of drought tolerant landscaping, synthetic grass, or artificial turf that may be installed on residential property provided that those restrictions do not do any of the following:
(1)Substantially increase the cost of installing drought tolerant landscaping, synthetic grass, or artificial turf.
(2)Effectively prohibit the installation of drought tolerant landscaping, synthetic grass, or artificial turf.
(3)Significantly impede the installation of drought tolerant landscaping, including, but not limited to, a requirement that a residential yard must be completely covered with living plant material.
(c)A city, including a charter city, county, or city and county, may impose reasonable restrictions on the installation or design of synthetic grass or artificial turf within the dripline of a tree protected by local ordinance.
SEC. 10.SEC. 12.Section 53601 of the Government Code is amended to read:53601.This section shall apply to a local agency that is a city, a district, or other local agency that does not pool money in deposits or investments with other local agencies, other than local agencies that have the same governing body. However, Section 53635 shall apply to all local agencies that pool money in deposits or investments with other local agencies that have separate governing bodies. The legislative body of a local agency having moneys in a sinking fund or moneys in its treasury not required for the immediate needs of the local agency may invest any portion of the moneys that it deems wise or expedient in those investments set forth below. A local agency purchasing or obtaining any securities prescribed in this section, in a negotiable, bearer, registered, or nonregistered format, shall require delivery of the securities to the local agency, including those purchased for the agency by financial advisers, consultants, or managers using the agencys funds, by book entry, physical delivery, or by third-party custodial agreement. The transfer of securities to the counterparty banks customer book entry account may be used for book entry delivery.
For purposes of this section, counterparty means the other party to the transaction. A counterparty banks trust department or separate safekeeping department may be used for the physical delivery of the security if the security is held in the name of the local agency. Where this section specifies a percentage limitation for a particular category of investment, that percentage is applicable only at the date of purchase. Where this section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement or securities lending agreement authorized by this section, that at the time of the investment has a term remaining to maturity in excess of five years, unless the legislative body has granted express authority to make that investment either specifically or as a part of an investment program approved by the legislative body no less than three months prior to the investment:
(a)Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency.
(b)United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest.
(c)Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state.
(d)Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
(e)Bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.
(f)Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises.
(g)Bankers acceptances otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank. Purchases of bankers acceptances shall not exceed 180 days maturity or 40 percent of the agencys moneys that may be invested pursuant to this section. However, no more than 30 percent of the agencys moneys may be invested in the bankers acceptances of any one commercial bank pursuant to this section.
This subdivision does not preclude a municipal utility district from investing moneys in its treasury in a manner authorized by the Municipal Utility District Act (Division 6 (commencing with Section 11501) of the Public Utilities Code).
(h)Commercial paper of prime quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical rating organization (NRSRO). The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or (2):
(1)The entity meets the following criteria:
(A)Is organized and operating in the United States as a general corporation.
(B)Has total assets in excess of five hundred million dollars ($500,000,000).
(C)Has debt other than commercial paper, if any, that is rated in a rating category of A or its equivalent or higher by an NRSRO.
(2)The entity meets the following criteria:
(A)Is organized within the United States as a special purpose corporation, trust, or limited liability company.
(B)Has programwide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond.
(C)Has commercial paper that is rated A-1 or higher, or the equivalent, by an NRSRO.
Eligible commercial paper shall have a maximum maturity of 270 days or less. Local agencies, other than counties or a city and county, may invest no more than 25 percent of their moneys in eligible commercial paper. Local agencies, other than counties or a city and county, may purchase no more than 10 percent of the outstanding commercial paper of any single issuer. Counties or a city and county may invest in commercial paper pursuant to the concentration limits in subdivision (a) of Section 53635.
(i)Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Purchases of negotiable certificates of deposit shall not exceed 30 percent of the agencys moneys that may be invested pursuant to this section. For purposes of this section, negotiable certificates of deposit do not come within Article 2 (commencing with Section 53630), except that the amount so invested shall be subject to the limitations of Section 53638. The legislative body of a local agency and the treasurer or other official of the local agency having legal custody of the moneys are prohibited from investing local agency funds, or funds in the custody of the local agency, in negotiable certificates of deposit issued by a state or federal credit union if a member of the legislative body of the local agency, or a person with investment decisionmaking authority in the administrative office managers office, budget office, auditor-controllers office, or treasurers office of the local agency also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposit.
(j)(1)Investments in repurchase agreements or reverse repurchase agreements or securities lending agreements of securities authorized by this section, as long as the agreements are subject to this subdivision, including the delivery requirements specified in this section.
(2)Investments in repurchase agreements may be made, on an investment authorized in this section, when the term of the agreement does not exceed one year. The market value of securities that underlie a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102 percent no later than the next business day.
(3)Reverse repurchase agreements or securities lending agreements may be utilized only when all of the following conditions are met:
(A)The security to be sold using a reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale.
(B)The total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency does not exceed 20 percent of the base value of the portfolio.
(C)The agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
(D)Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counterparty using a reverse repurchase agreement or securities lending agreement shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
(4)(A)Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security may be made only upon prior approval of the governing body of the local agency and shall be made only with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with a local agency.
(B)For purposes of this chapter, significant banking relationship means any of the following activities of a bank:
(i)Involvement in the creation, sale, purchase, or retirement of a local agencys bonds, warrants, notes, or other evidence of indebtedness.
(ii)Financing of a local agencys activities.
(iii)Acceptance of a local agencys securities or funds as deposits.
(5)(A)Repurchase agreement means a purchase of securities by the local agency pursuant to an agreement by which the counterparty seller will repurchase the securities on or before a specified date and for a specified amount and the counterparty will deliver the underlying securities to the local agency by book entry, physical delivery, or by third-party custodial agreement. The transfer of underlying securities to the counterparty banks customer book-entry account may be used for book-entry delivery.
(B)Securities, for purposes of repurchase under this subdivision, means securities of the same issuer, description, issue date, and maturity.
(C)Reverse repurchase agreement means a sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase the securities on or before a specified date and includes other comparable agreements.
(D)Securities lending agreement means an agreement under which a local agency agrees to transfer securities to a borrower who, in turn, agrees to provide collateral to the local agency. During the term of the agreement, both the securities and the collateral are held by a third party. At the conclusion of the agreement, the securities are transferred back to the local agency in return for the collateral.
(E)For purposes of this section, the base value of the local agencys pool portfolio shall be that dollar amount obtained by totaling all cash balances placed in the pool by all pool participants, excluding any amounts obtained through selling securities by way of reverse repurchase agreements, securities lending agreements, or other similar borrowing methods.
(F)For purposes of this section, the spread is the difference between the cost of funds obtained using the reverse repurchase agreement and the earnings obtained on the reinvestment of the funds.
(k)Medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision shall be rated in a rating category of A or its equivalent or better by an NRSRO. Purchases of medium-term notes shall not include other instruments authorized by this section and shall not exceed 30 percent of the agencys moneys that may be invested pursuant to this section.
(l)(1)Shares of beneficial interest issued by diversified management companies that invest in the securities and obligations as authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and that comply with the investment restrictions of this article and Article 2 (commencing with Section 53630). However, notwithstanding these restrictions, a counterparty to a reverse repurchase agreement or securities lending agreement is not required to be a primary dealer of the Federal Reserve Bank of New York if the companys board of directors finds that the counterparty presents a minimal risk of default, and the value of the securities underlying a repurchase agreement or securities lending agreement may be 100 percent of the sales price if the securities are marked to market daily.
(2)Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.).
(3)If investment is in shares issued pursuant to paragraph (1), the company shall have met either of the following criteria:
(A)Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
(B)Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years experience investing in the securities and obligations authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and with assets under management in excess of five hundred million dollars ($500,000,000).
(4)If investment is in shares issued pursuant to paragraph (2), the company shall have met either of the following criteria:
(A)Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
(B)Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000).
(5)The purchase price of shares of beneficial interest purchased pursuant to this subdivision shall not include commission that the companies may charge and shall not exceed 20 percent of the agencys moneys that may be invested pursuant to this section. However, no more than 10 percent of the agencys funds may be invested in shares of beneficial interest of any one mutual fund pursuant to paragraph (1).
(m)Moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or other agreement of a local agency, or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements, may be invested in accordance with the statutory provisions governing the issuance of those bonds, indebtedness, or lease installment sale, or other agreement, or to the extent not inconsistent therewith or if there are no specific statutory provisions, in accordance with the ordinance, resolution, indenture, or agreement of the local agency providing for the issuance.
(n)Notes, bonds, or other obligations that are at all times secured by a valid first priority security interest in securities of the types listed by Section 53651 as eligible securities for the purpose of securing local agency deposits having a market value at least equal to that required by Section 53652 for the purpose of securing local agency deposits. The securities serving as collateral shall be placed by delivery or book entry into the custody of a trust company or the trust department of a bank that is not affiliated with the issuer of the secured obligation, and the security interest shall be perfected in accordance with the requirements of the Uniform Commercial Code or federal regulations applicable to the types of securities in which the security interest is granted.
(o)A mortgage passthrough security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond of a maximum of five years maturity. Securities eligible for investment under this subdivision shall be issued by an issuer rated in a rating category of A or its equivalent or better for the issuers debt as provided by an NRSRO and rated in a rating category of AA or its equivalent or better by an NRSRO. Purchase of securities authorized by this subdivision shall not exceed 20 percent of the agencys surplus moneys that may be invested pursuant to this section.
(p)Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
(1)The adviser is registered or exempt from registration with the Securities and Exchange Commission.
(2)The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive.
(3)The adviser has assets under management in excess of five hundred million dollars ($500,000,000).
(q)United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of AA or its equivalent or better by an NRSRO and shall not exceed 30 percent of the agencys moneys that may be invested pursuant to this section.
SEC. 11.SEC. 13.Section 65091 of the Government Code is amended to read:65091.(a)When a provision of this title requires notice of a public hearing to be given pursuant to this section, notice shall be given in all of the following ways:
(1)Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the local agency may use records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll. Notice shall also be mailed to the owners duly authorized agent, if any, and to the project applicant.
(2)When the Subdivision Map Act (Div. Division 2 (commencing with Section 66410)) 66410) of Title 7 requires notice of a public hearing to be given pursuant to this section, notice shall also be given to any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to Section 883.230 of the Civil Code.
(3)Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
(4)Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the local agency may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or paragraph (1) is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days prior to the hearing.
(5)If the notice is mailed or delivered pursuant to paragraph (4), the notice shall also either be:
(A)Published pursuant to Section 6061 in at least one newspaper of general circulation within the local agency which is conducting the proceeding at least 10 days prior to the hearing.
(B)Posted at least 10 days prior to the hearing in at least three public places within the boundaries of the local agency, including one public place in the area directly affected by the proceeding.
(b)The notice shall include the information specified in Section 65094.
(c)In addition to the notice required by this section, a local agency may give notice of the hearing in any other manner it deems necessary or desirable.
(d)Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit. The Legislature finds that access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem; therefore, this subdivision shall be applicable to charter cities.
SEC. 12.SEC. 14.Section 65302 of the Government Code, as amended by Section 1 of Chapter 608 of the Statutes of 2015, is amended to read:65302.The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:
(a)A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:
(1)Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5).
(2)Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.
(A)In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources.
(B)The following definitions govern this paragraph:
(i)Military readiness activities mean all of the following:
(I)Training, support, and operations that prepare the men and women of the military for combat.
(II)Operation, maintenance, and security of any military installation.
(III)Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.
(ii)Military installation means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined in paragraph (1) of subsection (g) of Section 2687 of Title 10 of the United States Code.
(b)(1)A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, all correlated with the land use element of the plan.
(2)(A)Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan.
(B)For purposes of this paragraph, users of streets, roads, and highways mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.
(c)A housing element as provided in Article 10.6 (commencing with Section 65580).
(d)(1)A conservation element for the conservation, development, and utilization of natural resources including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county.
(2)The conservation element may also cover all of the following:
(A)The reclamation of land and waters.
(B)Prevention and control of the pollution of streams and other waters.
(C)Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.
(D)Prevention, control, and correction of the erosion of soils, beaches, and shores.
(E)Protection of watersheds.
(F)The location, quantity and quality of the rock, sand, and gravel resources.
(3)Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management.
(e)An open-space element as provided in Article 10.5 (commencing with Section 65560).
(f)(1)A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:
(A)Highways and freeways.
(B)Primary arterials and major local streets.
(C)Passenger and freight online railroad operations and ground rapid transit systems.
(D)Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation.
(E)Local industrial plants, including, but not limited to, railroad classification yards.
(F)Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.
(2)Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in paragraphs (1) to (6), inclusive.
(3)The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise.
(4)The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the states noise insulation standards.
(g)(1)A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.
(2)The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:
(A)Identify information regarding flood hazards, including, but not limited to, the following:
(i)Flood hazard zones. As used in this subdivision, flood hazard zone means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency (FEMA). The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses permitted within flood hazard zones will be free from flooding or flood damage.
(ii)National Flood Insurance Program maps published by FEMA.
(iii)Information about flood hazards that is available from the United States Army Corps of Engineers.
(iv)Designated floodway maps that are available from the Central Valley Flood Protection Board.
(v)Dam failure inundation maps prepared pursuant to Section 8589.5 that are available from the Office of Emergency Services.
(vi)Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.
(vii)Maps of levee protection zones.
(viii)Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.
(ix)Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding.
(x)Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities.
(xi)Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.
(B)Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:
(i)Avoiding or minimizing the risks of flooding to new development.
(ii)Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones.
(iii)Maintaining the structural and operational integrity of essential public facilities during flooding.
(iv)Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.
(v)Establishing cooperative working relationships among public agencies with responsibility for flood protection.
(C)Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).
(3)Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Researchs most recent publication of Fire Hazard Planning, General Plan Technical Advice Series and shall also include all of the following:
(A)Information regarding fire hazards, including, but not limited to, all of the following:
(i)Fire hazard severity zone maps available from the Department of Forestry and Fire Protection.
(ii)Any historical data on wildfires available from local agencies or a reference to where the data can be found.
(iii)Information about wildfire hazard areas that may be available from the United States Geological Survey.
(iv)General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open space designations of homeowner associations.
(v)Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.
(B)A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire.
(C)A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B) including, but not limited to, all of the following:
(i)Avoiding or minimizing the wildfire hazards associated with new uses of land.
(ii)Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.
(iii)Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.
(iv)Working cooperatively with public agencies with responsibility for fire protection.
(D)If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or countys adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph.
(4)Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Researchs General Plan Guidelines and shall include all of the following:
(A)(i)A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3).
(ii)Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:
(I)Information from the Internet-based Cal-Adapt tool.
(II)Information from the most recent version of the California Adaptation Planning Guide.
(III)Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.
(IV)Information from local agencies on their current ability to deal with the impacts of climate change.
(V)Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged.
(VI)Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities.
(VII)Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services.
(B)A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.
(C)A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B) including, but not limited to, all of the following:
(i)Feasible methods to avoid or minimize climate change impacts associated with new uses of land.
(ii)The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas.
(iii)The designation of adequate and feasible infrastructure located in an at-risk area.
(iv)Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.
(v)The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For the purposes of this clause, natural infrastructure means the preservation or restoration of ecological systems, or utilization of engineered systems that use ecological processes, to increase resiliency to climate change, manage other environmental hazards, or both. This may include, but is not limited to, floodplain and wetlands restoration or preservation, combining levees with restored natural systems to reduce flood risk, and urban tree planting to mitigate high heat days.
(D)(i)If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document.
(ii)Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions, climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met.
(5)After the initial revision of the safety element pursuant to paragraphs (2) and (3), upon each revision of the housing element, the planning agency shall review and, if necessary, revise the safety element to identify new information that was not available during the previous revision of the safety element.
(6)Cities and counties that have flood plain management ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the flood plain ordinance, specifically showing how each requirement of this subdivision has been met.
(7)Prior to the periodic review of its general plan and prior to preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision.
(8)To the extent that a countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys planning area in satisfaction of the requirement imposed by this subdivision.
SEC. 13.SEC. 15.Section 67661 of the Government Code is amended to read:67661.The following may serve as ex officio nonvoting members of the board:
(a)A representative appointed by the Monterey Peninsula Community College District.
(b)A representative appointed by the Monterey Peninsula Unified School District.
(c)A representative designated by the Member of Congress that has the majority portion of Ford Ord in his or her Congressional District.
(d)A representative designated by the Senator that has the majority portion of Ford Ord in his or her Senate District.
(e)A representative designated by the Assembly Member that has the majority portion of Ford Ord in his or her Assembly District.
(f)A representative designated by the United States Army.
(g)A representative designated by the Chancellor of the California State University.
(h)A representative designated by the President of the University of California.
(i)A representative designated by the Monterey County Water Resources Agency.
(j)A representative designated by the Transportation Agency of Monterey County.
SEC. 14.SEC. 16.Section 5471 of the Health and Safety Code is amended to read:5471.(a)In addition to the powers granted in the principal act, any entity shall have power, by an ordinance or resolution approved by a two-thirds vote of the members of the legislative body thereof, to prescribe, revise and collect, fees, tolls, rates, rentals, or other charges for services and facilities furnished by it, either within or without its territorial limits, in connection with its water, sanitation, storm drainage, or sewerage system.
(b)In addition to the powers granted in the principal act, any entity shall have power, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, to prescribe, revise, and collect water, sewer, or water and sewer standby or immediate availability charges for services and facilities furnished by it, either within or without its territorial limits, in connection with its water, sanitation, storm drainage, or sewerage system.
(c)The entity may provide that the charge for the service shall be collected with the rates, tolls, and charges for any other utility, and that any or all of these charges may be billed upon the same bill. Where the charge is to be collected with the charges for any other utility service furnished by a department or agency of the entity and over which its legislative body does not exercise control, the consent of the department or agency shall be obtained prior to collecting water, sanitation, storm drainage, or sewerage charges with the charges for any other utility. Revenues derived under the provisions in this section, shall be used only for the acquisition, construction, reconstruction, maintenance, and operation of water systems and sanitation, storm drainage, or sewerage facilities, to repay principal and interest on bonds issued for the construction or reconstruction of these water systems and sanitary, storm drainage, or sewerage facilities and to repay federal or state loans or advances made to the entity for the construction or reconstruction of water systems and sanitary, storm drainage, or sewerage facilities. However, the revenue shall not be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor interceptor, and outfall sewers.
(d)If the procedures set forth in this section as it read at the time a standby charge was established were followed, the entity may, by ordinance or resolution adopted by a two-thirds vote of the members of the legislative body thereof, continue the charge pursuant to this section in successive years at the same rate. If new, increased, or extended assessments are proposed, the entity shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.
SEC. 15.SEC. 17.Section 5473 of the Health and Safety Code is amended to read:5473.Any entity which has adopted an ordinance or resolution pursuant to this article or an order pursuant to Section 6520.5 may, by such ordinance or resolution or by separate ordinances or resolutions approved by a two-thirds vote of the members of the legislative body thereof, elect to have such charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes. In such event, it shall cause a written report to be prepared each year and filed with the clerk, which shall contain a description of each parcel of real property receiving such services and facilities and the amount of the charge for each parcel for the year, computed in conformity with the charges prescribed by the ordinance or resolution.
Any ordinance or resolution adopted pursuant to this section authorizing the collection of charges on the tax roll shall remain in effect for the time specified in the ordinance or resolution or, if no time is specified in the ordinance or resolution, until repealed or until a change is made in the rates charged by the entity.
The powers authorized by this section shall be alternative to all other powers of any entity, and alternative to other procedures adopted by the legislative body thereof for the collection of such charges.
The real property may be described by reference to maps prepared in accordance with Section 327, 327 of the Revenue and Taxation Code, and on file in the office of the county assessor or by reference to plats or maps on file in the office of the clerk.
SEC. 16.SEC. 18.Section 5474 of the Health and Safety Code is amended to read:5474.An entity shall have the power by ordinance or resolution approved by two-thirds vote of the members of the legislative body thereof to fix fees or charges for the privilege of connecting to its sanitation or sewerage facilities and improvements constructed by the entity pursuant to Sections 5463 and 5464, to fix the time or times at which the fees or charges shall become due, to provide for the payment of the fees or charges prior to connection or in installments over a period of not to exceed 30 years, to provide the rate of interest, not to exceed 12 percent per annum, to be charged on the unpaid balance of the fees or charges, and to provide that the amount of the fees or charges and the interest thereon shall constitute a lien against the respective lots or parcels of land to which the facilities are connected at the time and in the manner specified in Sections 5473.5 and 5473.8. Prior to making the fees or charges a lien against the land, the legislative body shall give notice to the owners of the lots or parcels of land affected, and the notice shall set forth all of the following:
(a)The schedule of fees or charges to be imposed by the entity.
(b)A description of the property subject to the fees or charges, which description may be by reference to a plat or diagram on file in the office of the clerk of the legislative body, or to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the county assessor.
(c)The time or times at which the fees or charges shall become due.
(d)The number of installments in which the fees or charges shall be payable.
(e)The rate of interest, not to exceed 12 percent per annum, to be charged on the unpaid balance of the fees or charges.
(f)That it is proposed that the fees or charges and interest thereon shall constitute a lien against the lots or parcels of land to which the facilities are furnished.
(g)The time and place at which the legislative body will hold a hearing at which persons may appear and present any and all objections they may have to the imposition of the fees or charges as a lien against the land.
SEC. 17.SEC. 19.Section 5474.8 of the Health and Safety Code is amended to read:5474.8.Fees or charges imposed by an entity by ordinance or resolution adopted pursuant to Section 5474 may differ in amount or method of computation from fees or charges imposed by any other ordinance or resolution of such entity adopted pursuant to said Section 5474.
SEC. 18.SEC. 20.Section 13822 of the Health and Safety Code is amended to read:13822.Once the chief petitioners have filed a sufficient petition or a legislative body has filed a resolution of application, the local agency formation commission shall proceed pursuant to Chapter 5 (commencing with Section 56825) of Part 3 of Division 3 of Title 5 of the Government Code.
SEC. 19.SEC. 21.Section 22161 of the Public Contract Code, as amended by Section 2 of Chapter 715 of the Statutes of 2015, is amended to read:22161.For purposes of this chapter, the following definitions apply:
(a)Best value means a value determined by evaluation of objective criteria that relate to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the local agency and meeting the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring agency, or a tradeoff between price and other specified factors.
(b)Construction subcontract means each subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the State of California that, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team.
(c)Design-build means a project delivery process in which both the design and construction of a project are procured from a single entity.
(d)Design-build entity means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract.
(e)Design-build team means the design-build entity itself and the individuals and other entities identified by the design-build entity as members of its team. Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors.
(f)Local agency means the following:
(1)A city, county, or city and county.
(2)A special district that operates wastewater facilities, solid waste management facilities, water recycling facilities, or fire protection facilities.
(3)Any transit district, included transit district, municipal operator, included municipal operator, any consolidated agency, as described in Section 132353.1 of the Public Utilities Code, any joint powers authority formed to provide transit service, any county transportation commission created pursuant to Section 130050 of the Public Utilities Code, or any other local or regional agency, responsible for the construction of transit projects.
(4)The San Diego Association of Governments, as referenced in the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7 of the Public Utilities Code).
(g)(1)For a local agency defined in paragraph (1) of subdivision (f), project means the construction of a building or buildings and improvements directly related to the construction of a building or buildings, county sanitation wastewater treatment facilities, and park and recreational facilities, but does not include the construction of other infrastructure, including, but not limited to, streets and highways, public rail transit, or water resources facilities and infrastructure. For a local agency defined in paragraph (1) of subdivision (f) that operates wastewater facilities, solid waste management facilities, or water recycling facilities, project also means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, or regional and local water recycling facilities.
(2)For a local agency defined in paragraph (2) of subdivision (f), project means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, regional and local water recycling facilities, or fire protection facilities.
(3)For a local agency defined in paragraph (3) of subdivision (f), project means a transit capital project that begins a project solicitation on or after January 1, 2015. A project, as defined by this paragraph, that begins the solicitation process before January 1, 2015, is subject to Article 6.8 (commencing with Section 20209.5) of Chapter 1. Project, as defined by this paragraph, does not include state highway construction or local street and road projects.
(4)For a local agency defined in paragraph (4) of subdivision (f), project has the same meaning as in paragraph (3), and in addition shall include development projects adjacent, or physically or functionally related, to transit facilities developed or jointly developed by the local agency.
SEC. 20.SEC. 22.Section 11005 of the Revenue and Taxation Code is amended to read:11005.After payment of refunds therefrom and after making the deductions authorized by Section 11003 and reserving the amount determined necessary by the Pooled Money Investment Board to meet the transfers ordered or proposed to be ordered pursuant to Section 16310 of the Government Code, the balance of all motor vehicle license fees and any other money appropriated by law for expenditure pursuant to this section, deposited to the credit of the Motor Vehicle License Fee Account in the Transportation Tax Fund, and remaining unexpended in that account at the close of business on the last day of the calendar month, shall be allocated by the Controller by the 10th day of the following month in accordance with the following:
(a)On and after July 1, 2011, to the Local Law Enforcement Services Account in the Local Revenue Fund 2011, as established by Section 30025 of the Government Code, for allocation to cities, counties, and cities and counties.
(b)On or after July 1, 2004, but before July 1, 2011:
(1)First, to the County of Orange. For the 200405 fiscal year, that county shall be allocated fifty-four million dollars ($54,000,000) in monthly installments. For the 200506 fiscal year and each fiscal year thereafter, that county shall receive, in monthly installments, an amount equal to the amount allocated under this section for the prior fiscal year, adjusted for the percentage change in the amount of revenues credited to the Motor Vehicle License Fee Account in the Transportation Tax Fund from the revenues credited to that account in the prior fiscal year. Moneys allocated to the County of Orange under this subdivision shall be used first for the service of indebtedness as provided in paragraph (1) of subdivision (a) of Section 11001.5. Any amounts in excess of the amount required for this service of indebtedness may be used by that county for any lawful purpose.
(2)Second, to each city, the population of which is determined under Section 11005.3 on August 5, 2004, in an amount equal to the additional amount of vehicle license fee revenue, including offset transfers, that would be allocated to that city under Sections 11000 and 11005, as those sections read on January 1, 2004, as a result of that citys population being determined under subdivision (a) or (b) of Section 11005.3.
(3)Third, to each city that was incorporated from an unincorporated territory after August 5, 2004, in an amount equal to the product of the following two amounts:
(A)The quotient derived from the following fraction:
(i)The numerator is the product of the following two amounts:
(I)Fifty dollars ($50) per year.
(II)The fraction determined as the total amount of vehicle license fee revenue collected during the most recent fiscal year divided by the total amount of vehicle license fee revenue collected during the 200405 fiscal year.
(ii)The denominator is the fraction determined as the actual population, as defined in subdivision (d) of Section 11005.3, of all cities during the most recent fiscal year, divided by the actual population, as defined in subdivision (d) of Section 11005.3, of all cities in the 200405 fiscal year.
(B)The citys population determined in accordance with Section 11005.3.
(4)Fourth, to each city that was incorporated before August 5, 2004, in an amount equal to the product of the following two amounts:
(A)The quotient derived from the following fraction:
(i)The numerator is the product of the following two amounts:
(I)Fifty dollars ($50) per year.
(II)The fraction determined as the total amount of vehicle license fee revenue collected during the most recent fiscal year divided by the total amount of vehicle license fee revenue collected during the 200405 fiscal year.
(ii)The denominator is the fraction determined as the actual population, as defined in subdivision (d) of Section 11005.3, of all cities during the most recent fiscal year, divided by the actual population, as defined in subdivision (d) of Section 11005.3, of all cities in the 200405 fiscal year.
(B)The actual population, as defined in subdivision (d) of Section 11005.3, residing in areas annexed after August 5, 2004, as of the date of annexation.
(5)Fifth, to the cities and cities and counties of this state in the proportion that the population of each city or city and county bears to the total population of all cities and cities and counties in this state, as determined by the Demographic Research Unit of the Department of Finance. For the purpose of this subdivision, the population of each city or city and county shall be determined in accordance with Section 11005.3.
SEC. 21.SEC. 23.Section 11005.3 of the Revenue and Taxation Code is amended to read:11005.3.(a)In the case of a city that incorporated on or after January 1, 1987, and before August 5, 2004, the Controller shall determine that the population of the city for its first 10 full fiscal years, and any portion of the first year in which the incorporation is effective if less than a full fiscal year, is the greater of either:
(1)The number of registered voters in the city multiplied by three. The number of registered voters shall be calculated as of the effective date of the incorporation of the city.
(2)The actual population, as defined in subdivision (d).
(b)In the case of a city that incorporated on or after January 1, 1987, and before August 5, 2004, and for which the application for incorporation was filed with the executive officer of the local agency formation commission pursuant to subdivision (a) of Section 56828 of the Government Code on or after January 1, 1991, the Controller shall determine that the population of the city for its first seven full fiscal years, and any portion of the first year in which the incorporation is effective if less than a full fiscal year, is the greater of either:
(1)The number of registered voters in the city multiplied by three. The number of registered voters shall be calculated as of the effective date of the incorporation of the city.
(2)The actual population, as defined in subdivision (d).
(c)In the case of a city that was incorporated from unincorporated territory after August 5, 2004, the Controller shall determine the population of the city as follows:
(1)For its first 12 months, 150 percent of the citys actual population.
(2)For its 13th through 24th months, 140 percent of the citys actual population.
(3)For its 25th through 36th months, 130 percent of the citys actual population.
(4)For its 37th through 48th months, 120 percent of the citys actual population.
(5)For its 49th through 60th months, 110 percent of the citys actual population.
(6)After its 60th month, the citys actual population.
(d)For purposes of this section, actual population means the population determined by the last federal decennial or special census, or a subsequent census validated by the Demographic Research Unit of the Department of Finance or subsequent estimate prepared pursuant to Section 2107.2 of the Streets and Highways Code.
(e)In the case of unincorporated territory being annexed to a city, during the 10-year, seven-year, 7-year, or five-year 5-year period following incorporation, as the case may be, subsequent to the last federal census, or a subsequent census validated by the Demographic Research Unit of the Department of Finance, the unit shall determine the population of the annexed territory by the use of any federal decennial or special census or any estimate prepared pursuant to Section 2107.2 of the Streets and Highways Code. The population of the annexed territory as determined by the Demographic Research Unit shall be added to the citys population as previously determined by the Controller pursuant to paragraph (1) or (2) of subdivision (a), paragraph (1) or (2) of subdivision (b), or subdivision (c), as applicable.
(f)After the 10-year, seven-year, 7-year, or five-year 5-year period following incorporation, as the case may be, the Controller shall determine the population of the city as the citys actual population, as defined in subdivision (d).
(g)The amendments made to this section by the act adding this subdivision shall not apply with respect to either of the following:
(1)Any city that has adopted an ordinance or resolution, approved a ballot measure, or is subject to a consent decree or court order, that annually limits the number of housing units that may be constructed within the city.
(2)Any city that has not prepared and adopted a housing element in compliance with Section 65585 of the Government Code.
(h)This section shall become operative July 1, 1991.
SEC. 22.SEC. 24.Section 19201 of the Revenue and Taxation Code is amended to read:19201.If any amount due under Part 10 (commencing with Section 17001), Part 11 (commencing with Section 23001), or any amount that may be collected by the Franchise Tax Board as though it were a tax, is not paid, the Franchise Tax Board may file in the Office of the Clerk of the Court of Sacramento County, or any other county, a certificate specifying the amount due, the name and last known address of the taxpayer liable for the amount due, and the fact that the Franchise Tax Board has complied with all provisions of the law in the computation and levy of the amount due, and a request that judgment be entered against the taxpayer in the amount set forth in the certificate.
SEC. 23.SEC. 25.Section 19202 of the Revenue and Taxation Code is amended to read:19202.The clerk of the court immediately upon the filing of the certificate shall enter a judgment for the people of the State of California against the taxpayer in the amount set forth in the certificate. The clerk of the court may file the judgment in a loose-leaf book entitled Personal Income Tax Judgments or Bank and Corporation Tax Judgments, as appropriate.
SEC. 24.SEC. 26.Section 2105 of the Streets and Highways Code is amended to read:2105.Notwithstanding Section 13340 of the Government Code, in addition to the apportionments prescribed by Sections 2104, 2106, and 2107, from the revenues derived from a per gallon tax imposed pursuant to Section 7360 of the Revenue and Taxation Code, and a per gallon tax imposed pursuant to Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation Code, and a per gallon tax imposed pursuant to Sections 60050 and 60115 of the Revenue and Taxation Code, the following apportionments shall be made:
(a)A sum equal to 1.035 cents ($0.01035) per gallon from the tax under Section 7360 of the Revenue and Taxation Code, 11.5 percent of any per gallon tax in excess of nine cents ($0.09) per gallon under Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation Code, and 1.035 cents ($0.01035) per gallon from the tax under Sections 60050 and 60115 of the Revenue and Taxation Code, shall be apportioned among the counties, including a city and county.
The amount of apportionment to each county, including a city and county, during a fiscal year shall be calculated as follows:
(1)One million dollars ($1,000,000) for apportionment to all counties, including a city and county, in proportion to each countys receipts during the prior fiscal year under Sections 2104 and 2106.
(2)One million dollars ($1,000,000) for apportionment to all counties, including a city and county, as follows:
(A)Seventy-five percent in the proportion that the number of fee-paid and exempt vehicles which are registered in the county bears to the number of fee-paid and exempt vehicles registered in the state.
(B)Twenty-five percent in the proportion that the number of miles of maintained county roads in the county bears to the miles of maintained county roads in the state.
(3)For each county, determine its factor which is the higher amount calculated pursuant to paragraph (1) or (2) divided by the sum of the higher amounts for all of the counties.
(4)The amount to be apportioned to each county is equal to its factor multiplied by the amount available for apportionment.
(b)A sum equal to 1.035 cents ($0.01035) per gallon from the tax under Section 7360 of the Revenue and Taxation Code, 11.5 percent of any per gallon tax in excess of nine cents ($0.09) per gallon under Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation Code, and 1.035 cents ($0.01035) per gallon from the tax under Sections 60050 and 60115 of the Revenue and Taxation Code, shall be apportioned to cities, including a city and county, in the proportion that the total population of the city bears to the total population of all the cities in the state.
(c)(1)Transfers of revenues from the Highway Users Tax Account to counties or cities pursuant to this section collected during the months of March, April, May, June, and July of 2008, shall be made with the transfer of August 2008 revenues in September of 2008. This suspension shall not apply to a county with a population of less than 40,000.
(2)For the purpose of meeting the cash obligations associated with ongoing budgeted costs, a city or county may make use of any cash balance in the city account that is designated for the receipt of state funds allocated for local streets and roads or the county road fund, including that resulting from the receipt of funds pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code (hereafter bond act)) for local streets and roads maintenance, during the period of this suspension, without the use of this cash being reflected as an expenditure of bond act funds, provided the cash is replaced once this suspension is repaid in September of 2008. Counties and cities may accrue the revenue received in September 2008 as repayment of these suspensions for the months of April, May, and June of 2008 back to the 200708 fiscal year. Nothing in this paragraph shall change the fact that expenditures must be accrued and reflected from the appropriate funding sources for which the moneys were received and meet all the requirements of those funding sources.
(d)(1)The transfer of revenues from the Highway Users Tax Account to counties or cities pursuant to this section collected during the months of January, February, and March 2009 shall be made with the transfer of April 2009 revenues in May 2009.
(2)For the purpose of meeting the cash obligations associated with ongoing budgeted costs, a city or county may make use of any cash balance in the city account that is designated for the receipt of state funds allocated for local streets and roads or the county road fund, including that resulting from the receipt of funds pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code (bond act)) for local streets and roads maintenance, during the period of this suspension, and the use of this cash shall not be considered as an expenditure of bond act funds, if the cash is replaced when the payments that are suspended pursuant to this subdivision are repaid in May 2009.
(3)This subdivision shall not affect any requirement that an expenditure is required to be accrued and reflected from the appropriate funding source for which the money was received and to meet all the requirements of its funding source.
SEC. 27.Section 36601 of the Streets and Highways Code is amended to read:36601.The Legislature finds and declares all of the following:
(a)Businesses located and operating within business districts in some of this states communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts.
(b)It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts.
(c)It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d)Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property property, businesses, or persons not assessed receive incidental or collateral effects that benefit them.
(e)Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1)Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2)Job creation.
(3)Business attraction.
(4)Business retention.
(5)Economic growth.
(6)New investments.
(f)With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment.
(g)Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIIID to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIIID of the Constitution provides that property-based districts may only levy assessments for special benefits.
(h)The act amending this section is intended to provide the Legislatures guidance with regard to this act, its interaction with the provisions of Article XIIID of the Constitution, and the determination of special benefits in property-based districts.
(1)The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property.
(2)Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits. The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.
(3)It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits. Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.
SEC. 28.Section 36606 of the Streets and Highways Code is amended to read:36606.Activities means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a)Promotion of public events.
(b)Furnishing of music in any public place.
(c)Promotion of tourism within the district.
(d)Marketing and economic development, including retail retention and recruitment.
(e)Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality.
(f)Other services provided for the purpose of conferring special benefit upon assessed businesses and real property or specific benefits upon assessed businesses located in the district.
SEC. 29.Section 36610 of the Streets and Highways Code is amended to read:36610.Improvement means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a)Parking facilities.
(b)Benches, booths, kiosks, display cases, pedestrian shelters and signs.
(c)Trash receptacles and public restrooms.
(d)Lighting and heating facilities.
(e)Decorations.
(f)Parks.
(g)Fountains.
(h)Planting areas.
(i)Closing, opening, widening, or narrowing of existing streets.
(j)Facilities or equipment, or both, to enhance security of persons and property within the area. district.
(k)Ramps, sidewalks, plazas, and pedestrian malls.
(l)Rehabilitation or removal of existing structures.
SEC. 30.Section 36625 of the Streets and Highways Code is amended to read:36625.(a)If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1)A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district.
(2)The number, date of adoption, and title of the resolution of intention.
(3)The time and place where the public hearing was held concerning the establishment of the district.
(4)A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5)A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part.
(6)A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district. Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district.
(7)A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8)In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b)The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.
SEC. 31.Section 36670 of the Streets and Highways Code is amended to read:36670.(a)Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1)If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment.
(2)During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the area district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment.
(b)The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention.
SEC. 25.SEC. 32.Section 7.3 of the Kern County Water Agency Act (Chapter 1003 of the Statutes of 1961), as amended by Section 2 of Chapter 832 of the Statutes of 1972, is repealed.SEC. 26.SEC. 33.Section 7.6 of the Kern County Water Agency Act (Chapter 1003 of the Statutes of 1961), as added by Section 2 of Chapter 49 of the Statutes of 1982, is amended to read:Sec.7.6.(a)The board of directors shall not approve an agency budget unless the board has first conducted a public hearing.
(b)The board shall publish a notice of the hearing pursuant to Section 6066 of the Government Code.
SEC. 27.SEC. 34.Section 8 of the Kern County Water Agency Act (Chapter 1003 of the Statutes of 1961) is repealed.SEC. 28.SEC. 35.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)This act shall be known, and may be cited, as the Local Government Omnibus Act of 2016.
(b)The Legislature finds and declares that Californians want their governments to be run efficiently and economically and that public officials should avoid waste and duplication whenever possible. The Legislature further finds and declares that it desires to control its own costs by reducing the number of separate bills. Therefore, it is the intent of the Legislature in enacting this act to combine several minor, noncontroversial statutory changes relating to the common theme, purpose, and subject of local government into a single measure.
SEC. 2.Section 8770 of the Business and Professions Code is amended to read:8770.The record of survey filed with the county recorder of any county shall be securely fastened by him the county recorder into a suitable book provided for that purpose. purpose, or stored in any other manner that will assure that the maps will be kept together.
He
The county recorder shall keep proper indexes of such record of survey by the name of grant, tract, subdivision or United States subdivision.
The original map shall be stored for safekeeping in a reproducible condition. It shall be proper procedure for the recorder to maintain for public reference a set of counter maps that are prints of the original maps, and the original maps to be produced for comparison upon demand.
SEC. 3.Section 6107 of the Government Code is amended to read:6107.(a)A public entity, including the state, a county, city, or other political subdivision, or any officer or employee thereof, including notaries public, shall not demand or receive any fee or compensation for doing any of the following:
(1)Recording, indexing, or issuing certified copies of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States.
(2)Furnishing a certified copy of, or searching for, any public record that is to be used in an application or claim for a pension, allotment, allowance, compensation, insurance (including automatic insurance), or any other benefits under any act of Congress for service in the Armed Forces of the United States or under any law of this state relating to veterans benefits.
(3)Furnishing a certified copy of, or searching for, any public record that is required by the Veterans Administration to be used in determining the eligibility of any person to participate in benefits made available by the Veterans Administration.
(4)Rendering any other service in connection with an application or claim referred to in paragraph (2) or (3).
(b)A certified copy of any record referred to in subdivision (a) may be made available only to one of the following:
(1)The person who is the subject of the record upon presentation of proper photo identification.
(2)A family member or legal representative of the person who is the subject of the record upon presentation of proper photo identification and certification of their relationship to the subject of the record.
(3)A county state, county, or city office that provides veterans benefits services upon written request of that office.
(4)A United States official upon written request of that official. A public officer or employee is liable on his or her official bond for failure or refusal to render the services.
(c)(1)If the county recorder receives a written, faxed, or digitized image of a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States referred to in paragraph (1) of subdivision (a) that is accompanied by a notarized statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury, that the requester meets one of the descriptions in subdivision (b), the county recorder may furnish a certified copy to the requester pursuant to this section.
(2)A faxed or digitized image of the notarized statement accompanying a faxed or digitized image of a request received pursuant to this subdivision for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States shall be legible. If the notarys seal is not photographically reproducible, or does not show the name of the notary, the county of the notarys principal place of business, the notarys telephone number, the notarys registration number, and the notarys commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notarys signature in the acknowledgment, the county recorder shall not provide the certified copy. If a request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States is made in person, the official shall take a statement sworn under penalty of perjury that the requester is signing his or her own legal name and is an authorized person pursuant to subdivision (b), and that official may then furnish a certified copy to the applicant.
(3)For purposes of this subdivision, digitized image of a request means an image of an original paper request for a certified copy of any discharge, certificate of service, certificate of satisfactory service, notice of separation, or report of separation of any member of the Armed Forces of the United States.
SEC. 4.Section 8205 of the Government Code is amended to read:8205.(a)It is the duty of a notary public, when requested:
(1)To demand acceptance and payment of foreign and inland bills of exchange, or promissory notes, to protest them for nonacceptance and nonpayment, and, with regard only to the nonacceptance or nonpayment of bills and notes, to exercise any other powers and duties that by the law of nations and according to commercial usages, or by the laws of any other state, government, or country, may be performed by a notary. This paragraph applies only to a notary public employed by a financial institution, during the course and scope of the notarys employment with the financial institution.
(2)To take the acknowledgment or proof of advance health care directives, powers of attorney, mortgages, deeds, grants, transfers, and other instruments of writing executed by any person, and to give a certificate of that proof or acknowledgment, endorsed on or attached to the instrument. The certificate shall be signed by the notary public in the notary publics own handwriting. A notary public may not accept any acknowledgment or proof of any instrument that is incomplete.
(3)To take depositions and affidavits, and administer oaths and affirmations, in all matters incident to the duties of the office, or to be used before any court, judge, officer, or board. Any deposition, affidavit, oath, or affirmation shall be signed by the notary public in the notary publics own handwriting.
(4)To certify copies of powers of attorney under Section 4307 of the Probate Code. The certification shall be signed by the notary public in the notary publics own handwriting.
(b)It shall further be the duty of a notary public, upon written request:
(1)To furnish to the Secretary of State certified copies of the notarys journal.
(2)To respond within 30 days of receiving written requests sent by certified mail or any other means of physical delivery that provides a receipt from the Secretary of States office for information relating to official acts performed by the notary.
SEC. 5.Section 8206 of the Government Code is amended to read:8206.(a)(1)A notary public shall keep one active sequential journal at a time, of all official acts performed as a notary public. The journal shall be kept in a locked and secured area, under the direct and exclusive control of the notary. Failure to secure the journal shall be cause for the Secretary of State to take administrative action against the commission held by the notary public pursuant to Section 8214.1.
(2)The journal shall be in addition to, and apart from, any copies of notarized documents that may be in the possession of the notary public and shall include all of the following:
(A)Date, time, and type of each official act.
(B)Character of every instrument sworn to, affirmed, acknowledged, or proved before the notary.
(C)The signature of each person whose signature is being notarized.
(D)A statement as to whether the identity of a person making an acknowledgment or taking an oath or affirmation was based on satisfactory evidence. If identity was established by satisfactory evidence pursuant to Section 1185 of the Civil Code, the journal shall contain the signature of the credible witness swearing or affirming to the identity of the individual or the type of identifying document, the governmental agency issuing the document, the serial or identifying number of the document, and the date of issue or expiration of the document.
(E)If the identity of the person making the acknowledgment or taking the oath or affirmation was established by the oaths or affirmations of two credible witnesses whose identities are proven to the notary public by presentation of any document satisfying the requirements of paragraph (3) or (4) of subdivision (b) of Section 1185 of the Civil Code, the notary public shall record in the journal the type of documents identifying the witnesses, the identifying numbers on the documents identifying the witnesses, and the dates of issuance or expiration of the documents identifying the witnesses.
(F)The fee charged for the notarial service.
(G)If the document to be notarized is a deed, quitclaim deed, deed of trust, or other document affecting real property, or a power of attorney document, the notary public shall require the party signing the document to place his or her right thumbprint in the journal. If the right thumbprint is not available, then the notary shall have the party use his or her left thumb, or any available finger and shall so indicate in the journal. If the party signing the document is physically unable to provide a thumbprint or fingerprint, the notary shall so indicate in the journal and shall also provide an explanation of that physical condition. This paragraph shall not apply to a trustees deed resulting from a decree of foreclosure or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code, nor to a deed of reconveyance.
(b)If a sequential journal of official acts performed by a notary public is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered unusable as a record of notarial acts and information, the notary public shall immediately notify the Secretary of State by certified or registered mail. mail or any other means of physical delivery that provides a receipt. The notification shall include the period of the journal entries, the notary public commission number, and the expiration date of the commission, and when applicable, a photocopy of any police report that specifies the theft of the sequential journal of official acts.
(c)Upon written request of any member of the public, which request shall include the name of the parties, the type of document, and the month and year in which notarized, the notary shall supply a photostatic copy of the line item representing the requested transaction at a cost of not more than thirty cents ($0.30) per page.
(d)The journal of notarial acts of a notary public is the exclusive property of that notary public, and shall not be surrendered to an employer upon termination of employment, whether or not the employer paid for the journal, or at any other time. The notary public shall not surrender the journal to any other person, except the county clerk, pursuant to Section 8209, or immediately, or if the journal is not present then as soon as possible, upon request to a peace officer investigating a criminal offense who has reasonable suspicion to believe the journal contains evidence of a criminal offense, as defined in Sections 830.1, 830.2, and 830.3 of the Penal Code, acting in his or her official capacity and within his or her authority. If the peace officer seizes the notary journal, he or she must have probable cause as required by the laws of this state and the United States. A peace officer or law enforcement agency that seizes a notary journal shall notify the Secretary of State by facsimile within 24 hours, or as soon as possible thereafter, of the name of the notary public whose journal has been seized. The notary public shall obtain a receipt for the journal, and shall notify the Secretary of State by certified mail any other means of physical delivery that provides a receipt within 10 days that the journal was relinquished to a peace officer. The notification shall include the period of the journal entries, the commission number of the notary public, the expiration date of the commission, and a photocopy of the receipt. The notary public shall obtain a new sequential journal. If the journal relinquished to a peace officer is returned to the notary public and a new journal has been obtained, the notary public shall make no new entries in the returned journal. A notary public who is an employee shall permit inspection and copying of journal transactions by a duly designated auditor or agent of the notary publics employer, provided that the inspection and copying is done in the presence of the notary public and the transactions are directly associated with the business purposes of the employer. The notary public, upon the request of the employer, shall regularly provide copies of all transactions that are directly associated with the business purposes of the employer, but shall not be required to provide copies of any transaction that is unrelated to the employers business. Confidentiality and safekeeping of any copies of the journal provided to the employer shall be the responsibility of that employer.
(e)The notary public shall provide the journal for examination and copying in the presence of the notary public upon receipt of a subpoena duces tecum or a court order, and shall certify those copies if requested.
(f)Any applicable requirements of, or exceptions to, state and federal law shall apply to a peace officer engaged in the search or seizure of a sequential journal.
SEC. 6.Section 8213 of the Government Code is amended to read:8213.(a)No later than 30 days after the beginning of the term prescribed in the commission, every person appointed a notary public shall file an official bond and an oath of office in the office of the county clerk of the county within which the person maintains a principal place of business as shown in the application submitted to the Secretary of State, and the commission shall not take effect unless this is done within the 30-day period. A person appointed to be a notary public shall take and subscribe the oath of office either in the office of that county clerk or before another notary public in that county. If the oath of office is taken and subscribed before the county clerk, the person appointed to be a notary public shall present an identification document meeting the requirements of subparagraph (A) or (B) of paragraph (3), or of subparagraph (A) or (E) or paragraph (4), of subdivision (b) of Section 1185 of the Civil Code to the county clerk as satisfactory evidence of identity. If the oath of office is taken and subscribed before a notary public, the oath and bond may be filed with the county clerk by certified mail. mail or any other means of physical delivery that provides a receipt. Upon the filing of the oath and bond, the county clerk shall immediately transmit to the Secretary of State a certificate setting forth the fact of the filing and containing a copy of the official oath, personally signed by the notary public in the form set forth in the commission and shall immediately deliver the bond to the county recorder for recording. The county clerk shall retain the oath of office for one year following the expiration of the term of the commission for which the oath was taken, after which the oath may be destroyed or otherwise disposed of. The copy of the oath, personally signed by the notary public, on file with the Secretary of State may at any time be read in evidence with like effect as the original oath, without further proof.
(b)If a notary public transfers the principal place of business from one county to another, the notary public may file a new oath of office and bond, or a duplicate of the original bond with the county clerk to which the principal place of business was transferred. If the notary public elects to make a new filing, the notary public shall, within 30 days of the filing, obtain an official seal which shall include the name of the county to which the notary public has transferred. In a case where the notary public elects to make a new filing, the same filing and recording fees are applicable as in the case of the original filing and recording of the bond.
(c)If a notary public submits an application for a name change to the Secretary of State, the notary public shall, within 30 days from the date an amended commission is issued, file a new oath of office and an amendment to the bond with the county clerk in which the principal place of business is located. The amended commission with the name change shall not take effect unless the filing is completed within the 30-day period. The amended commission with the name change takes effect the date the oath and amendment to the bond is filed with the county clerk. If the principal place of business address was changed in the application for name change, either a new or duplicate of the original bond shall be filed with the county clerk with the amendment to the bond. The notary public shall, within 30 days of the filing, obtain an official seal that includes the name of the notary public and the name of the county to which the notary public has transferred, if applicable.
(d)The recording fee specified in Section 27361 of the Government Code shall be paid by the person appointed a notary public. The fee may be paid to the county clerk who shall transmit it to the county recorder.
(e)The county recorder shall record the bond and shall thereafter mail, unless specified to the contrary, it to the person named in the instrument and, if no person is named, to the party leaving it for recording.
SEC. 7.Section 8213.5 of the Government Code is amended to read:8213.5.A notary public shall notify the Secretary of State by certified mail or any other means of physical delivery that provides a receipt within 30 days as to any change in the location or address of the principal place of business or residence. A notary public shall not use a commercial mail receiving agency or post office box as his or her principal place of business or residence, unless the notary public also provides the Secretary of State with a physical street address as the principal place of residence. Willful failure to notify the Secretary of State of a change of address shall be punishable as an infraction by a fine of not more than five hundred dollars ($500).
SEC. 8.Section 8311 of the Government Code is amended to read:8311.Wherever any notice or other communication is required by any law to be mailed by registered mail to or by the state, or any officer or agency thereof, the mailing of such notice or other communication by certified mail or any other means of physical delivery that provides a receipt shall be deemed to be a sufficient compliance with the requirements of such law.
SEC. 9.Section 40805 of the Government Code is amended to read:40805.The report shall be published or posted not later than 120 days consistent with the timelines established in Section 53891 after the close of the fiscal year for which the report is compiled.
SEC. 10.Section 53601 of the Government Code is amended to read:53601.This section shall apply to a local agency that is a city, a district, or other local agency that does not pool money in deposits or investments with other local agencies, other than local agencies that have the same governing body. However, Section 53635 shall apply to all local agencies that pool money in deposits or investments with other local agencies that have separate governing bodies. The legislative body of a local agency having moneys in a sinking fund or moneys in its treasury not required for the immediate needs of the local agency may invest any portion of the moneys that it deems wise or expedient in those investments set forth below. A local agency purchasing or obtaining any securities prescribed in this section, in a negotiable, bearer, registered, or nonregistered format, shall require delivery of the securities to the local agency, including those purchased for the agency by financial advisers, consultants, or managers using the agencys funds, by book entry, physical delivery, or by third-party custodial agreement. The transfer of securities to the counterparty banks customer book entry account may be used for book entry delivery.
For purposes of this section, counterparty means the other party to the transaction. A counterparty banks trust department or separate safekeeping department may be used for the physical delivery of the security if the security is held in the name of the local agency. Where this section specifies a percentage limitation for a particular category of investment, that percentage is applicable only at the date of purchase. Where this section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement or securities lending agreement authorized by this section, that at the time of the investment has a term remaining to maturity in excess of five years, unless the legislative body has granted express authority to make that investment either specifically or as a part of an investment program approved by the legislative body no less than three months prior to the investment:
(a)Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency.
(b)United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest.
(c)Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state.
(d)Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
(e)Bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.
(f)Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises.
(g)Bankers acceptances otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank. Purchases of bankers acceptances shall not exceed 180 days maturity or 40 percent of the agencys moneys that may be invested pursuant to this section. However, no more than 30 percent of the agencys moneys may be invested in the bankers acceptances of any one commercial bank pursuant to this section.
This subdivision does not preclude a municipal utility district from investing moneys in its treasury in a manner authorized by the Municipal Utility District Act (Division 6 (commencing with Section 11501) of the Public Utilities Code).
(h)Commercial paper of prime quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical rating organization (NRSRO). The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or (2):
(1)The entity meets the following criteria:
(A)Is organized and operating in the United States as a general corporation.
(B)Has total assets in excess of five hundred million dollars ($500,000,000).
(C)Has debt other than commercial paper, if any, that is rated in a rating category of A or its equivalent or higher by an NRSRO.
(2)The entity meets the following criteria:
(A)Is organized within the United States as a special purpose corporation, trust, or limited liability company.
(B)Has programwide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond.
(C)Has commercial paper that is rated A-1 or higher, or the equivalent, by an NRSRO.
Eligible commercial paper shall have a maximum maturity of 270 days or less. Local agencies, other than counties or a city and county, may invest no more than 25 percent of their moneys in eligible commercial paper. Local agencies, other than counties or a city and county, may purchase no more than 10 percent of the outstanding commercial paper of any single issuer. Counties or a city and county may invest in commercial paper pursuant to the concentration limits in subdivision (a) of Section 53635.
(i)Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Purchases of negotiable certificates of deposit shall not exceed 30 percent of the agencys moneys that may be invested pursuant to this section. For purposes of this section, negotiable certificates of deposit do not come within Article 2 (commencing with Section 53630), except that the amount so invested shall be subject to the limitations of Section 53638. The legislative body of a local agency and the treasurer or other official of the local agency having legal custody of the moneys are prohibited from investing local agency funds, or funds in the custody of the local agency, in negotiable certificates of deposit issued by a state or federal credit union if a member of the legislative body of the local agency, or a person with investment decisionmaking authority in the administrative office managers office, budget office, auditor-controllers office, or treasurers office of the local agency also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposit.
(j)(1)Investments in repurchase agreements or reverse repurchase agreements or securities lending agreements of securities authorized by this section, as long as the agreements are subject to this subdivision, including the delivery requirements specified in this section.
(2)Investments in repurchase agreements may be made, on an investment authorized in this section, when the term of the agreement does not exceed one year. The market value of securities that underlie a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102 percent no later than the next business day.
(3)Reverse repurchase agreements or securities lending agreements may be utilized only when all of the following conditions are met:
(A)The security to be sold using a reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale.
(B)The total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency does not exceed 20 percent of the base value of the portfolio.
(C)The agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
(D)Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counterparty using a reverse repurchase agreement or securities lending agreement shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
(4)(A)Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security may be made only upon prior approval of the governing body of the local agency and shall be made only with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with a local agency.
(B)For purposes of this chapter, significant banking relationship means any of the following activities of a bank:
(i)Involvement in the creation, sale, purchase, or retirement of a local agencys bonds, warrants, notes, or other evidence of indebtedness.
(ii)Financing of a local agencys activities.
(iii)Acceptance of a local agencys securities or funds as deposits.
(5)(A)Repurchase agreement means a purchase of securities by the local agency pursuant to an agreement by which the counterparty seller will repurchase the securities on or before a specified date and for a specified amount and the counterparty will deliver the underlying securities to the local agency by book entry, physical delivery, or by third-party custodial agreement. The transfer of underlying securities to the counterparty banks customer book-entry account may be used for book-entry delivery.
(B)Securities, for purposes of repurchase under this subdivision, means securities of the same issuer, description, issue date, and maturity.
(C)Reverse repurchase agreement means a sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase the securities on or before a specified date and includes other comparable agreements.
(D)Securities lending agreement means an agreement under which a local agency agrees to transfer securities to a borrower who, in turn, agrees to provide collateral to the local agency. During the term of the agreement, both the securities and the collateral are held by a third party. At the conclusion of the agreement, the securities are transferred back to the local agency in return for the collateral.
(E)For purposes of this section, the base value of the local agencys pool portfolio shall be that dollar amount obtained by totaling all cash balances placed in the pool by all pool participants, excluding any amounts obtained through selling securities by way of reverse repurchase agreements, securities lending agreements, or other similar borrowing methods.
(F)For purposes of this section, the spread is the difference between the cost of funds obtained using the reverse repurchase agreement and the earnings obtained on the reinvestment of the funds.
(k)Medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision shall be rated in a rating category of A or its equivalent or better by an NRSRO. Purchases of medium-term notes shall not include other instruments authorized by this section and shall not exceed 30 percent of the agencys moneys that may be invested pursuant to this section.
(l)(1)Shares of beneficial interest issued by diversified management companies that invest in the securities and obligations as authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and that comply with the investment restrictions of this article and Article 2 (commencing with Section 53630). However, notwithstanding these restrictions, a counterparty to a reverse repurchase agreement or securities lending agreement is not required to be a primary dealer of the Federal Reserve Bank of New York if the companys board of directors finds that the counterparty presents a minimal risk of default, and the value of the securities underlying a repurchase agreement or securities lending agreement may be 100 percent of the sales price if the securities are marked to market daily.
(2)Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.).
(3)If investment is in shares issued pursuant to paragraph (1), the company shall have met either of the following criteria:
(A)Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
(B)Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years experience investing in the securities and obligations authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and with assets under management in excess of five hundred million dollars ($500,000,000).
(4)If investment is in shares issued pursuant to paragraph (2), the company shall have met either of the following criteria:
(A)Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
(B)Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000).
(5)The purchase price of shares of beneficial interest purchased pursuant to this subdivision shall not include commission that the companies may charge and shall not exceed 20 percent of the agencys moneys that may be invested pursuant to this section. However, no more than 10 percent of the agencys funds may be invested in shares of beneficial interest of any one mutual fund pursuant to paragraph (1).
(m)Moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or other agreement of a local agency, or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements, may be invested in accordance with the statutory provisions governing the issuance of those bonds, indebtedness, or lease installment sale, or other agreement, or to the extent not inconsistent therewith or if there are no specific statutory provisions, in accordance with the ordinance, resolution, indenture, or agreement of the local agency providing for the issuance.
(n)Notes, bonds, or other obligations that are at all times secured by a valid first priority security interest in securities of the types listed by Section 53651 as eligible securities for the purpose of securing local agency deposits having a market value at least equal to that required by Section 53652 for the purpose of securing local agency deposits. The securities serving as collateral shall be placed by delivery or book entry into the custody of a trust company or the trust department of a bank that is not affiliated with the issuer of the secured obligation, and the security interest shall be perfected in accordance with the requirements of the Uniform Commercial Code or federal regulations applicable to the types of securities in which the security interest is granted.
(o)A mortgage passthrough security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond of a maximum of five years maturity. Securities eligible for investment under this subdivision shall be issued by an issuer having an rated in a rating category of A or higher rating its equivalent or better for the issuers debt as provided by an NRSRO and rated in a rating category of AA or its equivalent or better by an NRSRO. Purchase of securities authorized by this subdivision shall not exceed 20 percent of the agencys surplus moneys that may be invested pursuant to this section.
(p)Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
(1)The adviser is registered or exempt from registration with the Securities and Exchange Commission.
(2)The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive.
(3)The adviser has assets under management in excess of five hundred million dollars ($500,000,000).
(q)United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of AA or its equivalent or better by an NRSRO and shall not exceed 30 percent of the agencys moneys that may be invested pursuant to this section.
SEC. 11.Section 65091 of the Government Code is amended to read:65091.(a)When a provision of this title requires notice of a public hearing to be given pursuant to this section, notice shall be given in all of the following ways:
(1)Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the local agency may use records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll. Notice shall also be mailed to the owners duly authorized agent, if any, and to the project applicant.
(2)When the Subdivision Map Act (Div. 2 (commencing with Section 66410)) requires notice of a public hearing to be given pursuant to this section, notice shall also be given to any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to Section 883.230 of the Civil Code.
(3)Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
(4)Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the local agency may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or paragraph (1) is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days prior to the hearing.
(5)If the notice is mailed or delivered pursuant to paragraph (3), (4), the notice shall also either be:
(A)Published pursuant to Section 6061 in at least one newspaper of general circulation within the local agency which is conducting the proceeding at least 10 days prior to the hearing.
(B)Posted at least 10 days prior to the hearing in at least three public places within the boundaries of the local agency, including one public place in the area directly affected by the proceeding.
(b)The notice shall include the information specified in Section 65094.
(c)In addition to the notice required by this section, a local agency may give notice of the hearing in any other manner it deems necessary or desirable.
(d)Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit. The Legislature finds that access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem; therefore, this subdivision shall be applicable to charter cities.
SEC. 2.SEC. 12.Section 65302 of the Government Code, as amended by Section 1 of Chapter 608 of the Statutes of 2015, is amended to read:65302.The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:
(a)A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:
(1)Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5).
(2)Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.
(A)In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources.
(B)The following definitions govern this paragraph:
(i)Military readiness activities mean all of the following:
(I)Training, support, and operations that prepare the men and women of the military for combat.
(II)Operation, maintenance, and security of any military installation.
(III)Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.
(ii)Military installation means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined in paragraph (1) of subsection (g) of Section 2687 of Title 10 of the United States Code.
(b)(1)A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, all correlated with the land use element of the plan.
(2)(A)Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan.
(B)For purposes of this paragraph, users of streets, roads, and highways mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.
(c)A housing element as provided in Article 10.6 (commencing with Section 65580).
(d)(1)A conservation element for the conservation, development, and utilization of natural resources including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county.
(2)The conservation element may also cover all of the following:
(A)The reclamation of land and waters.
(B)Prevention and control of the pollution of streams and other waters.
(C)Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.
(D)Prevention, control, and correction of the erosion of soils, beaches, and shores.
(E)Protection of watersheds.
(F)The location, quantity and quality of the rock, sand, and gravel resources.
(3)Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management.
(e)An open-space element as provided in Article 10.5 (commencing with Section 65560).
(f)(1)A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:
(A)Highways and freeways.
(B)Primary arterials and major local streets.
(C)Passenger and freight online railroad operations and ground rapid transit systems.
(D)Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation.
(E)Local industrial plants, including, but not limited to, railroad classification yards.
(F)Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.
(2)Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in paragraphs (1) to (6), inclusive.
(3)The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise.
(4)The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the states noise insulation standards.
(g)(1)A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.
(2)The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:
(A)Identify information regarding flood hazards, including, but not limited to, the following:
(i)Flood hazard zones. As used in this subdivision, flood hazard zone means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency (FEMA). The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses permitted within flood hazard zones will be free from flooding or flood damage.
(ii)National Flood Insurance Program maps published by FEMA.
(iii)Information about flood hazards that is available from the United States Army Corps of Engineers.
(iv)Designated floodway maps that are available from the Central Valley Flood Protection Board.
(v)Dam failure inundation maps prepared pursuant to Section 8589.5 that are available from the Office of Emergency Services.
(vi)Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.
(vii)Maps of levee protection zones.
(viii)Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.
(ix)Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding.
(x)Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities.
(xi)Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.
(B)Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:
(i)Avoiding or minimizing the risks of flooding to new development.
(ii)Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones.
(iii)Maintaining the structural and operational integrity of essential public facilities during flooding.
(iv)Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.
(v)Establishing cooperative working relationships among public agencies with responsibility for flood protection.
(C)Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).
(3)Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Researchs most recent publication of Fire Hazard Planning, General Plan Technical Advice Series and shall also include all of the following:
(A)Information regarding fire hazards, including, but not limited to, all of the following:
(i)Fire hazard severity zone maps available from the Department of Forestry and Fire Protection.
(ii) Any historical data on wildfires available from local agencies or a reference to where the data can be found.
(iii)Information about wildfire hazard areas that may be available from the United States Geological Survey.
(iv)General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open space designations of homeowner associations.
(v)Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.
(B)A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire.
(C)A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B) including, but not limited to, all of the following:
(i)Avoiding or minimizing the wildfire hazards associated with new uses of land.
(ii)Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.
(iii)Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.
(iv)Working cooperatively with public agencies with responsibility for fire protection.
(D)If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or countys adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph.
(4)Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Researchs General Plan Guidelines and shall include all of the following:
(A)(i)A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3).
(ii)Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:
(I)Information from the Internet-based Cal-Adapt tool.
(II)Information from the most recent version of the California Adaptation Planning Guide.
(III)Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.
(IV)Information from local agencies on their current ability to deal with the impacts of climate change.
(V)Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged.
(VI)Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities.
(VII)Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services.
(B)A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.
(C)A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B) including, but not limited to, all of the following:
(i)Feasible methods to avoid or minimize climate change impacts associated with new uses of land.
(ii)The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas.
(iii)The designation of adequate and feasible infrastructure located in an at-risk area.
(iv)Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.
(v)The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For the purposes of this clause, natural infrastructure means the preservation or restoration of ecological systems, or utilization of engineered systems that use ecological processes, to increase resiliency to climate change, manage other environmental hazards, or both. This may include, but is not limited to, floodplain and wetlands restoration or preservation, combining levees with restored natural systems to reduce flood risk, and urban tree planting to mitigate high heat days.
(D)(i)If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document.
(ii)Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions, climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met.
(5)After the initial revision of the safety element pursuant to paragraphs (2) and (3), upon each revision of the housing element, the planning agency shall review and, if necessary, revise the safety element to identify new information that was not available during the previous revision of the safety element.
(6)Cities and counties that have flood plain management ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the flood plain ordinance, specifically showing how each requirement of this subdivision has been met.
(7)Prior to the periodic review of its general plan and prior to preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision.
(8)To the extent that a countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys planning area in satisfaction of the requirement imposed by this subdivision.
SEC. 13.Section 67661 of the Government Code is amended to read:67661.The following may serve as ex officio nonvoting members of the board:
(a)A representative appointed by the Monterey Peninsula Community College District.
(b)A representative appointed by the Monterey Peninsula Unified School District.
(c)A representative designated by the Member of Congress from the 17th that has the majority portion of Ford Ord in his or her Congressional District.
(d)A representative designated by the Senator from the 15th that has the majority portion of Ford Ord in his or her Senate District.
(e)A representative designated by the Assembly Member from the 27th that has the majority portion of Ford Ord in his or her Assembly District.
(f)A representative designated by the United States Army.
(g)A representative designated by the Chancellor of the California State University.
(h)A representative designated by the President of the University of California.
(i)A representative designated by the Monterey County Water Resources Agency.
(j)A representative designated by the Transportation Agency of Monterey County.
SEC. 14.Section 5471 of the Health and Safety Code is amended to read:5471.(a)In addition to the powers granted in the principal act, any entity shall have power, by an ordinance or resolution approved by a two-thirds vote of the members of the legislative body thereof, to prescribe, revise and collect, fees, tolls, rates, rentals, or other charges for services and facilities furnished by it, either within or without its territorial limits, in connection with its water, sanitation, storm drainage, or sewerage system.
(b)In addition to the powers granted in the principal act, any entity shall have power, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, to prescribe, revise, and collect water, sewer, or water and sewer standby or immediate availability charges for services and facilities furnished by it, either within or without its territorial limits, in connection with its water, sanitation, storm drainage, or sewerage system.
(c)The entity may provide that the charge for the service shall be collected with the rates, tolls, and charges for any other utility, and that any or all of these charges may be billed upon the same bill. Where the charge is to be collected with the charges for any other utility service furnished by a department or agency of the entity and over which its legislative body does not exercise control, the consent of the department or agency shall be obtained prior to collecting water, sanitation, storm drainage, or sewerage charges with the charges for any other utility. Revenues derived under the provisions in this section, shall be used only for the acquisition, construction, reconstruction, maintenance, and operation of water systems and sanitation, storm drainage, or sewerage facilities, to repay principal and interest on bonds issued for the construction or reconstruction of these water systems and sanitary, storm drainage, or sewerage facilities and to repay federal or state loans or advances made to the entity for the construction or reconstruction of water systems and sanitary, storm drainage, or sewerage facilities. However, the revenue shall not be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor and outfall sewers.
(d)If the procedures set forth in this section as it read at the time a standby charge was established were followed, the entity may, by ordinance or resolution adopted by a two-thirds vote of the members of the legislative body thereof, continue the charge pursuant to this section in successive years at the same rate. If new, increased, or extended assessments are proposed, the entity shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.
SEC. 15.Section 5473 of the Health and Safety Code is amended to read:5473.Any entity which has adopted an ordinance or resolution pursuant to this article or an order pursuant to Section 6520.5 may, by such ordinance or resolution or by separate ordinances or resolutions approved by a two-thirds vote of the members of the legislative body thereof, elect to have such charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes. In such event, it shall cause a written report to be prepared each year and filed with the clerk, which shall contain a description of each parcel of real property receiving such services and facilities and the amount of the charge for each parcel for the year, computed in conformity with the charges prescribed by the ordinance or resolution.
Any ordinance or resolution adopted pursuant to this section authorizing the collection of charges on the tax roll shall remain in effect for the time specified in the ordinance or resolution or, if no time is specified in the ordinance or resolution, until repealed or until a change is made in the rates charged by the entity.
The powers authorized by this section shall be alternative to all other powers of any entity, and alternative to other procedures adopted by the legislative body thereof for the collection of such charges.
The real property may be described by reference to maps prepared in accordance with Section 327, Revenue and Taxation Code, and on file in the office of the county assessor or by reference to plats or maps on file in the office of the clerk.
SEC. 16.Section 5474 of the Health and Safety Code is amended to read:5474.An entity shall have the power by ordinance or resolution approved by two-thirds vote of the members of the legislative body thereof to fix fees or charges for the privilege of connecting to its sanitation or sewerage facilities and improvements constructed by the entity pursuant to Sections 5463 and 5464, to fix the time or times at which the fees or charges shall become due, to provide for the payment of the fees or charges prior to connection or in installments over a period of not to exceed 30 years, to provide the rate of interest, not to exceed 12 percent per annum, to be charged on the unpaid balance of the fees or charges, and to provide that the amount of the fees or charges and the interest thereon shall constitute a lien against the respective lots or parcels of land to which the facilities are connected at the time and in the manner specified in Sections 5473.5 and 5473.8. Prior to making the fees or charges a lien against the land, the legislative body shall give notice to the owners of the lots or parcels of land affected, and the notice shall set forth all of the following:
(a)The schedule of fees or charges to be imposed by the entity.
(b)A description of the property subject to the fees or charges, which description may be by reference to a plat or diagram on file in the office of the clerk of the legislative body, or to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the county assessor.
(c)The time or times at which the fees or charges shall become due.
(d)The number of installments in which the fees or charges shall be payable.
(e)The rate of interest, not to exceed 12 percent per annum, to be charged on the unpaid balance of the fees or charges.
(f)That it is proposed that the fees or charges and interest thereon shall constitute a lien against the lots or parcels of land to which the facilities are furnished.
(g)The time and place at which the legislative body will hold a hearing at which persons may appear and present any and all objections they may have to the imposition of the fees or charges as a lien against the land.
SEC. 17.Section 5474.8 of the Health and Safety Code is amended to read:5474.8.Fees or charges imposed by an entity by ordinance or resolution adopted pursuant to Section 5474 may differ in amount or method of computation from fees or charges imposed by any other ordinance or resolution of such entity adopted pursuant to said Section 5474.
SEC. 3.SEC. 18.Section 13822 of the Health and Safety Code is amended to read:13822.Once the chief petitioners have filed a sufficient petition or a legislative body has filed a resolution of application, the local agency formation commission shall proceed pursuant to Chapter 5 (commencing with Section 56825) of Part 3 of Division 3 of Title 5 of the Government Code.
SEC. 4.SEC. 19.Section 22161 of the Public Contract Code, as amended by Section 2 of Chapter 715 of the Statutes of 2015, is amended to read:22161.For purposes of this chapter, the following definitions apply:
(a)Best value means a value determined by evaluation of objective criteria that relate to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the local agency and meeting the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring agency, or a tradeoff between price and other specified factors.
(b)Construction subcontract means each subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the State of California that, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team.
(c)Design-build means a project delivery process in which both the design and construction of a project are procured from a single entity.
(d)Design-build entity means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract.
(e)Design-build team means the design-build entity itself and the individuals and other entities identified by the design-build entity as members of its team. Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors.
(f)Local agency means the following:
(1)A city, county, or city and county.
(2)A special district that operates wastewater facilities, solid waste management facilities, water recycling facilities, or fire protection facilities.
(3)Any transit district, included transit district, municipal operator, included municipal operator, any consolidated agency, as described in Section 132353.1 of the Public Utilities Code, any joint powers authority formed to provide transit service, any county transportation commission created pursuant to Section 130050 of the Public Utilities Code, or any other local or regional agency, responsible for the construction of transit projects.
(4)The San Diego Association of Governments, as referenced in the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7 of the Public Utilities Code).
(g)(1)For a local agency defined in paragraph (1) of subdivision (f), project means the construction of a building or buildings and improvements directly related to the construction of a building or buildings, county sanitation wastewater treatment facilities, and park and recreational facilities, but does not include the construction of other infrastructure, including, but not limited to, streets and highways, public rail transit, or water resources facilities and infrastructure. For a local agency defined in paragraph (1) of subdivision (f) that operates wastewater facilities, solid waste management facilities, or water recycling facilities, project also means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, or regional and local water recycling facilities.
(2)For a local agency defined in paragraph (2) of subdivision (f), project means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, regional and local water recycling facilities, or fire protection facilities.
(3)For a local agency defined in paragraph (3) of subdivision (f), project means a transit capital project that begins a project solicitation on or after January 1, 2015. A project, as defined by this paragraph, that begins the solicitation process before January 1, 2015, is subject to Article 6.8 (commencing with Section 20209.5) of Chapter 1. Project, as defined by this paragraph, does not include state highway construction or local street and road projects.
(4)For a local agency defined in paragraph (4) of subdivision (f), project has the same meaning as in paragraph (3), and in addition shall include development projects adjacent, or physically or functionally related, to transit facilities developed or jointly developed by the local agency.
SEC. 20.Section 11005 of the Revenue and Taxation Code is amended to read:11005.After payment of refunds therefrom and after making the deductions authorized by Section 11003 and reserving the amount determined necessary by the Pooled Money Investment Board to meet the transfers ordered or proposed to be ordered pursuant to Section 16310 of the Government Code, the balance of all motor vehicle license fees and any other money appropriated by law for expenditure pursuant to this section, deposited to the credit of the Motor Vehicle License Fee Account in the Transportation Tax Fund, and remaining unexpended in that account at the close of business on the last day of the calendar month, shall be allocated by the Controller by the 10th day of the following month in accordance with the following:
(a)On and after July 1, 2011, to the Local Law Enforcement Services Account in the Local Revenue Fund 2011, as established by Section 30025 of the Government Code, for allocation to cities, counties, and cities and counties.
(b)On or after July 1, 2004, but before July 1, 2011:
(1)First, to the County of Orange. For the 200405 fiscal year, that county shall be allocated fifty-four million dollars ($54,000,000) in monthly installments. For the 200506 fiscal year and each fiscal year thereafter, that county shall receive, in monthly installments, an amount equal to the amount allocated under this section for the prior fiscal year, adjusted for the percentage change in the amount of revenues credited to the Motor Vehicle License Fee Account in the Transportation Tax Fund from the revenues credited to that account in the prior fiscal year. Moneys allocated to the County of Orange under this subdivision shall be used first for the service of indebtedness as provided in paragraph (1) of subdivision (a) of Section 11001.5. Any amounts in excess of the amount required for this service of indebtedness may be used by that county for any lawful purpose.
(2)Second, to each city, the population of which is determined under Section 11005.3 on August 5, 2004, in an amount equal to the additional amount of vehicle license fee revenue, including offset transfers, that would be allocated to that city under Sections 11000 and 11005, as those sections read on January 1, 2004, as a result of that citys population being determined under subdivision (a) or (b) of Section 11005.3.
(3)Third, to each city that was incorporated from an unincorporated territory after August 5, 2004, in an amount equal to the product of the following two amounts:
(A)The quotient derived from the following fraction:
(i)The numerator is the product of the following two amounts:
(I)Fifty dollars ($50) per year.
(II)The fraction determined as the total amount of vehicle license fee revenue collected during the most recent fiscal year divided by the total amount of vehicle license fee revenue collected during the 200405 fiscal year.
(ii)The denominator is the fraction determined as the actual population, as defined in subdivision (e) (d) of Section 11005.3, of all cities during the most recent fiscal year, divided by the actual population, as defined in subdivision (e) (d) of Section 11005.3, of all cities in the 200405 fiscal year.
(B)The citys population determined in accordance with Section 11005.3.
(4)Fourth, to each city that was incorporated before August 5, 2004, in an amount equal to the product of the following two amounts:
(A)The quotient derived from the following fraction:
(i)The numerator is the product of the following two amounts:
(I)Fifty dollars ($50) per year.
(II)The fraction determined as the total amount of vehicle license fee revenue collected during the most recent fiscal year divided by the total amount of vehicle license fee revenue collected during the 200405 fiscal year.
(ii)The denominator is the fraction determined as the actual population, as defined in subdivision (e) (d) of Section 11005.3, of all cities during the most recent fiscal year, divided by the actual population, as defined in subdivision (e) (d) of Section 11005.3, of all cities in the 200405 fiscal year.
(B)The actual population, as defined in subdivision (e) (d) of Section 11005.3, residing in areas annexed after August 5, 2004, as of the date of annexation.
(5) Fifth, to the cities and cities and counties of this state in the proportion that the population of each city or city and county bears to the total population of all cities and cities and counties in this state, as determined by the Demographic Research Unit of the Department of Finance. For the purpose of this subdivision, the population of each city or city and county shall be determined in accordance with Section 11005.3.
SEC. 5.SEC. 21.Section 11005.3 of the Revenue and Taxation Code is amended to read:11005.3.(a)In the case of a city that incorporated on or after January 1, 1987, and before August 5, 2004, the Controller shall determine that the population of the city for its first 10 full fiscal years, and any portion of the first year in which the incorporation is effective if less than a full fiscal year, is the greater of either:
(1)The number of registered voters in the city multiplied by three. The number of registered voters shall be calculated as of the effective date of the incorporation of the city.
(2)The actual population, as defined in subdivision (d).
(b)In the case of a city that incorporated on or after January 1, 1987, and before August 5, 2004, and for which the application for incorporation was filed with the executive officer of the local agency formation commission pursuant to subdivision (a) of Section 56828 of the Government Code on or after January 1, 1991, the Controller shall determine that the population of the city for its first seven full fiscal years, and any portion of the first year in which the incorporation is effective if less than a full fiscal year, is the greater of either:
(1)The number of registered voters in the city multiplied by three. The number of registered voters shall be calculated as of the effective date of the incorporation of the city.
(2)The actual population, as defined in subdivision (d).
(c)In the case of a city that was incorporated from unincorporated territory after August 5, 2004, the Controller shall determine the population of the city as follows:
(1)For its first 12 months, 150 percent of the citys actual population.
(2)For its 13th through 24th months, 140 percent of the citys actual population.
(3)For its 25th through 36th months, 130 percent of the citys actual population.
(4)For its 37th through 48th months, 120 percent of the citys actual population.
(5)For its 49th through 60th months, 110 percent of the citys actual population.
(6)After its 60th month, the citys actual population.
(d)For purposes of this section, actual population means the population determined by the last federal decennial or special census, or a subsequent census validated by the Demographic Research Unit of the Department of Finance or subsequent estimate prepared pursuant to Section 2107.2 of the Streets and Highways Code.
(e) In the case of unincorporated territory being annexed to a city, during the 10-year, seven-year, or five-year period following incorporation, as the case may be, subsequent to the last federal census, or a subsequent census validated by the Demographic Research Unit of the Department of Finance, the unit shall determine the population of the annexed territory by the use of any federal decennial or special census or any estimate prepared pursuant to Section 2107.2 of the Streets and Highways Code. The population of the annexed territory as determined by the Demographic Research Unit shall be added to the citys population as previously determined by the Controller pursuant to paragraph (1) or (2) of subdivision (a), paragraph (1) or (2) of subdivision (b), or subdivision (c), as applicable.
(f)After the 10-year, seven-year, or five-year period following incorporation, as the case may be, the Controller shall determine the population of the city as the citys actual population, as defined in subdivision (d).
(g)The amendments made to this section by the act adding this subdivision shall not apply with respect to either of the following:
(1)Any city that has adopted an ordinance or resolution, approved a ballot measure, or is subject to a consent decree or court order, that annually limits the number of housing units that may be constructed within the city.
(2)Any city that has not prepared and adopted a housing element in compliance with Section 65585 of the Government Code.
(h)This section shall become operative July 1, 1991.
SEC. 22.Section 19201 of the Revenue and Taxation Code is amended to read:19201.If any amount due under Part 10 (commencing with Section 17001), Part 11 (commencing with Section 23001), or any amount that may be collected by the Franchise Tax Board as though it were a tax, is not paid, the Franchise Tax Board may file in the Office of the County Clerk of the Court of Sacramento County, or any other county, a certificate specifying the amount due, the name and last known address of the taxpayer liable for the amount due, and the fact that the Franchise Tax Board has complied with all provisions of the law in the computation and levy of the amount due, and a request that judgment be entered against the taxpayer in the amount set forth in the certificate.
SEC. 23.Section 19202 of the Revenue and Taxation Code is amended to read:19202.The county clerk Clerk of the Court immediately upon the filing of the certificate shall enter a judgment for the people of the State of California against the taxpayer in the amount set forth in the certificate. The county clerk Clerk of the Court may file the judgment in a loose-leaf book entitled Personal Income Tax Judgments or Bank and Corporation Tax Judgments, as appropriate.
SEC. 6.SEC. 24.Section 2105 of the Streets and Highways Code is amended to read:2105.Notwithstanding Section 13340 of the Government Code, in addition to the apportionments prescribed by Sections 2104, 2106, and 2107, from the revenues derived from a per gallon tax imposed pursuant to Section 7360 of the Revenue and Taxation Code, and a per gallon tax imposed pursuant to Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation Code, and a per gallon tax imposed pursuant to Sections 60050 and 60115 of the Revenue and Taxation Code, the following apportionments shall be made:
(a)A sum equal to 1.035 cents ($0.01035) per gallon from the tax under Section 7360 of the Revenue and Taxation Code, 11.5 percent of any per gallon tax in excess of nine cents ($0.09) per gallon under Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation Code, and 1.035 cents ($0.01035) per gallon from the tax under Sections 60050 and 60115 of the Revenue and Taxation Code, shall be apportioned among the counties, including a city and county.
The amount of apportionment to each county, including a city and county, during a fiscal year shall be calculated as follows:
(1)One million dollars ($1,000,000) for apportionment to all counties, including a city and county, in proportion to each countys receipts during the prior fiscal year under Sections 2104 and 2106.
(2)One million dollars ($1,000,000) for apportionment to all counties, including a city and county, as follows:
(A)Seventy-five percent in the proportion that the number of fee-paid and exempt vehicles which are registered in the county bears to the number of fee-paid and exempt vehicles registered in the state.
(B)Twenty-five percent in the proportion that the number of miles of maintained county roads in the county bears to the miles of maintained county roads in the state.
(3)For each county, determine its factor which is the higher amount calculated pursuant to paragraph (1) or (2) divided by the sum of the higher amounts for all of the counties.
(4)The amount to be apportioned to each county is equal to its factor multiplied by the amount available for apportionment.
(b)A sum equal to 1.035 cents ($0.01035) per gallon from the tax under Section 7360 of the Revenue and Taxation Code, 11.5 percent of any per gallon tax in excess of nine cents ($0.09) per gallon under Section 8651 Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation Code, and 1.035 cents ($0.01035) per gallon from the tax under Sections 60050 and 60115 of the Revenue and Taxation Code, shall be apportioned to cities, including a city and county, in the proportion that the total population of the city bears to the total population of all the cities in the state.
(c)(1)Transfers of revenues from the Highway Users Tax Account to counties or cities pursuant to this section collected during the months of March, April, May, June, and July of 2008, shall be made with the transfer of August 2008 revenues in September of 2008. This suspension shall not apply to a county with a population of less than 40,000.
(2)For the purpose of meeting the cash obligations associated with ongoing budgeted costs, a city or county may make use of any cash balance in the city account that is designated for the receipt of state funds allocated for local streets and roads or the county road fund, including that resulting from the receipt of funds pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code (hereafter bond act)) for local streets and roads maintenance, during the period of this suspension, without the use of this cash being reflected as an expenditure of bond act funds, provided the cash is replaced once this suspension is repaid in September of 2008. Counties and cities may accrue the revenue received in September 2008 as repayment of these suspensions for the months of April, May, and June of 2008 back to the 200708 fiscal year. Nothing in this paragraph shall change the fact that expenditures must be accrued and reflected from the appropriate funding sources for which the moneys were received and meet all the requirements of those funding sources.
(d)(1)The transfer of revenues from the Highway Users Tax Account to counties or cities pursuant to this section collected during the months of January, February, and March 2009 shall be made with the transfer of April 2009 revenues in May 2009.
(2)For the purpose of meeting the cash obligations associated with ongoing budgeted costs, a city or county may make use of any cash balance in the city account that is designated for the receipt of state funds allocated for local streets and roads or the county road fund, including that resulting from the receipt of funds pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code (bond act)) for local streets and roads maintenance, during the period of this suspension, and the use of this cash shall not be considered as an expenditure of bond act funds, if the cash is replaced when the payments that are suspended pursuant to this subdivision are repaid in May 2009.
(3)This subdivision shall not affect any requirement that an expenditure is required to be accrued and reflected from the appropriate funding source for which the money was received and to meet all the requirements of its funding source.
SEC. 25.Section 7.3 of the Kern County Water Agency Act (Chapter 1003 of the Statutes of 1961), as amended by Section 2 of Chapter 832 of the Statutes of 1972, is repealed.Sec. 7.3.Unless previously approved by the board of supervisors, no tax or assessment shall be levied hereunder, no zone of benefit shall be created pursuant to Section 14.2 hereof, and no expenditure of funds unless previously approved in the form of a budget by the board of supervisors shall be made. The board of supervisors may, in connection with any of the foregoing, conduct public hearings. Such hearings shall be declared by a resolution specifying the purpose and the day, hour, and place where all interested persons may appear and be heard. This resolution shall be published in the agency pursuant to Section 6063 of the Government Code in a newspaper of general circulation in the agency. The hearing may be adjourned from time to time at the discretion of the board of supervisors and at its conclusion the board of supervisors shall declare its decision.
SEC. 26.Section 7.6 of the Kern County Water Agency Act (Chapter 1003 of the Statutes of 1961), as added by Section 2 of Chapter 49 of the Statutes of 1982, is amended to read:Sec. 7.6.(a)The board of directors shall not approve an agency budget or submit it to the board of supervisors for approval unless the board has first conducted a public hearing.
The
(b)The board shall publish a notice of the hearing pursuant to Section 6066 of the Government Code.
SEC. 27.Section 8 of the Kern County Water Agency Act (Chapter 1003 of the Statutes of 1961) is repealed.Sec. 8.If the county surveyor is a registered civil engineer and is employed to supervise the engineering work of the agency, the board may provide compensation for his services in addition to his salary as county surveyor which shall be payable from the funds of the agency. The board may employ the county counsel as the attorney for the agency and may provide compensation for his services in addition to his salary as county counsel which shall be payable from the funds of the agency. All other officers of the county, and their assistants, deputies, clerks, and employees, shall be ex officio officers, assistants, deputies, clerks and employees respectively of the agency, and shall perform, unless otherwise provided by the board, the same duties for the agency as performed for the county.
SEC. 28.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)This act shall be known, and may be cited, as the Local Government Omnibus Act of 2016.
(b)The Legislature finds and declares that Californians want their governments to be run efficiently and economically and that public officials should avoid waste and duplication whenever possible. The Legislature further finds and declares that it desires to control its own costs by reducing the number of separate bills. Therefore, it is the intent of the Legislature in enacting this act to combine several minor, noncontroversial statutory changes relating to the common theme, purpose, and subject of local government into a single measure.
SEC. 2.Section 65302 of the Government Code, as amended by Section 1 of Chapter 608 of the Statutes of 2015, is amended to read:65302.The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:
(a)A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:
(1)Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5).
(2)Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.
(A)In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources.
(B)The following definitions govern this paragraph:
(i)Military readiness activities mean all of the following:
(I)Training, support, and operations that prepare the men and women of the military for combat.
(II)Operation, maintenance, and security of any military installation.
(III)Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.
(ii)Military installation means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined in paragraph (1) of subsection (g) of Section 2687 of Title 10 of the United States Code.
(b)(1)A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, all correlated with the land use element of the plan.
(2)(A)Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan.
(B)For purposes of this paragraph, users of streets, roads, and highways mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.
(c)A housing element as provided in Article 10.6 (commencing with Section 65580).
(d)(1)A conservation element for the conservation, development, and utilization of natural resources including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county.
(2)The conservation element may also cover all of the following:
(A)The reclamation of land and waters.
(B)Prevention and control of the pollution of streams and other waters.
(C)Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.
(D)Prevention, control, and correction of the erosion of soils, beaches, and shores.
(E)Protection of watersheds.
(F)The location, quantity and quality of the rock, sand, and gravel resources.
(3)Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management.
(e)An open-space element as provided in Article 10.5 (commencing with Section 65560).
(f)(1)A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:
(A)Highways and freeways.
(B)Primary arterials and major local streets.
(C)Passenger and freight online railroad operations and ground rapid transit systems.
(D)Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation.
(E)Local industrial plants, including, but not limited to, railroad classification yards.
(F)Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.
(2)Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in paragraphs (1) to (6), inclusive.
(3)The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise.
(4)The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the states noise insulation standards.
(g)(1)A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.
(2)The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:
(A)Identify information regarding flood hazards, including, but not limited to, the following:
(i)Flood hazard zones. As used in this subdivision, flood hazard zone means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency (FEMA). The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses permitted within flood hazard zones will be free from flooding or flood damage.
(ii)National Flood Insurance Program maps published by FEMA.
(iii)Information about flood hazards that is available from the United States Army Corps of Engineers.
(iv)Designated floodway maps that are available from the Central Valley Flood Protection Board.
(v)Dam failure inundation maps prepared pursuant to Section 8589.5 that are available from the Office of Emergency Services.
(vi)Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.
(vii)Maps of levee protection zones.
(viii)Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.
(ix)Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding.
(x)Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities.
(xi)Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.
(B)Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:
(i)Avoiding or minimizing the risks of flooding to new development.
(ii)Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones.
(iii)Maintaining the structural and operational integrity of essential public facilities during flooding.
(iv)Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.
(v)Establishing cooperative working relationships among public agencies with responsibility for flood protection.
(C)Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).
(3)Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Researchs most recent publication of Fire Hazard Planning, General Plan Technical Advice Series and shall also include all of the following:
(A)Information regarding fire hazards, including, but not limited to, all of the following:
(i)Fire hazard severity zone maps available from the Department of Forestry and Fire Protection.
(ii) Any historical data on wildfires available from local agencies or a reference to where the data can be found.
(iii)Information about wildfire hazard areas that may be available from the United States Geological Survey.
(iv)General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open space designations of homeowner associations.
(v)Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.
(B)A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire.
(C)A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B) including, but not limited to, all of the following:
(i)Avoiding or minimizing the wildfire hazards associated with new uses of land.
(ii)Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.
(iii)Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.
(iv)Working cooperatively with public agencies with responsibility for fire protection.
(D)If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or countys adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph.
(4)Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Researchs General Plan Guidelines and shall include all of the following:
(A)(i)A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3).
(ii)Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:
(I)Information from the Internet-based Cal-Adapt tool.
(II)Information from the most recent version of the California Adaptation Planning Guide.
(III)Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.
(IV)Information from local agencies on their current ability to deal with the impacts of climate change.
(V)Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged.
(VI)Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities.
(VII)Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services.
(B)A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.
(C)A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B) including, but not limited to, all of the following:
(i)Feasible methods to avoid or minimize climate change impacts associated with new uses of land.
(ii)The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas.
(iii)The designation of adequate and feasible infrastructure located in an at-risk area.
(iv)Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.
(v)The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For the purposes of this clause, natural infrastructure means the preservation or restoration of ecological systems, or utilization of engineered systems that use ecological processes, to increase resiliency to climate change, manage other environmental hazards, or both. This may include, but is not limited to, floodplain and wetlands restoration or preservation, combining levees with restored natural systems to reduce flood risk, and urban tree planting to mitigate high heat days.
(D)(i)If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document.
(ii)Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions, climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met.
(5)After the initial revision of the safety element pursuant to paragraphs (2), (3), and (4) (2) and (3), upon each revision of the housing element, the planning agency shall review and, if necessary, revise the safety element to identify new information that was not available during the previous revision of the safety element.
(6)Cities and counties that have flood plain management ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the flood plain ordinance, specifically showing how each requirement of this subdivision has been met.
(7)Prior to the periodic review of its general plan and prior to preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision.
(8)To the extent that a countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys planning area in satisfaction of the requirement imposed by this subdivision.
SEC. 3.Section 13822 of the Health and Safety Code is amended to read:13822.Once the chief petitioners have filed a sufficient petition or a legislative body has filed a resolution or of application, the local agency formation commission shall proceed pursuant to Chapter 5 (commencing with Section 56825) of Part 3 of Division 3 of Title 5 of the Government Code.
SEC. 4.Section 22161 of the Public Contract Code, as amended by Section 2 of Chapter 715 of the Statutes of 2015, is amended to read:22161.For purposes of this chapter, the following definitions apply:
(a)Best value means a value determined by evaluation of objective criteria that may include, but not be limited relate to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the local agency and meeting the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring agency, or a tradeoff between price and other specified factors.
(b)Construction subcontract means each subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the State of California that, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team.
(c)Design-build means a project delivery process in which both the design and construction of a project are procured from a single entity.
(d)Design-build entity means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract.
(e)Design-build team means the design-build entity itself and the individuals and other entities identified by the design-build entity as members of its team. Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors.
(f)Local agency means the following:
(1)A city, county, or city and county.
(2)A special district that operates wastewater facilities, solid waste management facilities, water recycling facilities, or fire protection facilities.
(3)Any transit district, included transit district, municipal operator, included municipal operator, any consolidated agency, as described in Section 132353.1 of the Public Utilities Code, any joint powers authority formed to provide transit service, any county transportation commission created pursuant to Section 130050 of the Public Utilities Code, or any other local or regional agency, responsible for the construction of transit projects.
(4)The San Diego Association of Governments, as referenced in the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7 of the Public Utilities Code).
(g)(1)For a local agency defined in paragraph (1) of subdivision (f), project means the construction of a building or buildings and improvements directly related to the construction of a building or buildings, county sanitation wastewater treatment facilities, and park and recreational facilities, but does not include the construction of other infrastructure, including, but not limited to, streets and highways, public rail transit, or water resources facilities and infrastructure. For a local agency defined in paragraph (1) of subdivision (f) that operates wastewater facilities, solid waste management facilities, or water recycling facilities, project also means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, or regional and local water recycling facilities.
(2)For a local agency defined in paragraph (2) of subdivision (f), project means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, regional and local water recycling facilities, or fire protection facilities.
(3)For a local agency defined in paragraph (3) of subdivision (f), project means a transit capital project that begins a project solicitation on or after January 1, 2015. A project, as defined by this paragraph, that begins the solicitation process before January 1, 2015, is subject to Article 6.8 (commencing with Section 20209.5) of Chapter 1. Project, as defined by this paragraph, does not include state highway construction or local street and road projects.
(4)For a local agency defined in paragraph (4) of subdivision (f), project has the same meaning as in paragraph (3), and in addition shall include development projects adjacent, or physically or functionally related, to transit facilities developed or jointly developed by the local agency.
SEC. 5.Section 11005.3 of the Revenue and Taxation Code is amended to read:11005.3.(a)In the case of a city that incorporated on or after January 1, 1987, and before August 5, 2004, the Controller shall determine that the population of the city for its first 10 full fiscal years, and any portion of the first year in which the incorporation is effective if less than a full fiscal year, is the greater of either:
(1)The number of registered voters in the city multiplied by three. The number of registered voters shall be calculated as of the effective date of the incorporation of the city.
(2)The actual population, as defined in subdivision (e) (d).
(b)In the case of a city that incorporated on or after January 1, 1987, and before August 5, 2004, and for which the application for incorporation was filed with the executive officer of the local agency formation commission pursuant to subdivision (a) of Section 56828 of the Government Code on or after January 1, 1991, the Controller shall determine that the population of the city for its first seven full fiscal years, and any portion of the first year in which the incorporation is effective if less than a full fiscal year, is the greater of either:
(1)The number of registered voters in the city multiplied by three. The number of registered voters shall be calculated as of the effective date of the incorporation of the city.
(2)The actual population, as defined in subdivision (e). (d).
(c)In the case of a city that was incorporated from unincorporated territory after August 5, 2004, the Controller shall determine the population of the city as follows:
(1)For its first 12 months, 150 percent of the citys actual population.
(2)For its 13th through 24th months, 140 percent of the citys actual population.
(3)For its 25th through 36th months, 130 percent of the citys actual population.
(4)For its 37th through 48th months, 120 percent of the citys actual population.
(5)For its 49th through 60th months, 110 percent of the citys actual population.
(6)After its 60th month, the citys actual population.
(d)For purposes of this section, actual population means the population determined by the last federal decennial or special census, or a subsequent census validated by the Demographic Research Unit of the Department of Finance or subsequent estimate prepared pursuant to Section 2107.2 of the Streets and Highways Code.
(e) In the case of unincorporated territory being annexed to a city, during the 10-year, seven-year, or five-year period following incorporation, as the case may be, subsequent to the last federal census, or a subsequent census validated by the Demographic Research Unit of the Department of Finance, the unit shall determine the population of the annexed territory by the use of any federal decennial or special census or any estimate prepared pursuant to Section 2107.2 of the Streets and Highways Code. The population of the annexed territory as determined by the Demographic Research Unit shall be added to the citys population as previously determined by the Controller pursuant to paragraph (1) or (2) of subdivision (a), paragraph (1) or (2) of subdivision (b), or subdivision (c), as applicable.
(f)After the 10-year, seven-year, or five-year period following incorporation, as the case may be, the Controller shall determine the population of the city as the citys actual population, as defined in subdivision (d).
(g)The amendments made to this section by the act adding this subdivision shall not apply with respect to either of the following:
(1)Any city that has adopted an ordinance or resolution, approved a ballot measure, or is subject to a consent decree or court order, that annually limits the number of housing units that may be constructed within the city.
(2)Any city that has not prepared and adopted a housing element in compliance with Section 65585 of the Government Code.
(h)This section shall become operative July 1, 1991.
SEC. 6.Section 2105 of the Streets and Highways Code is amended to read:2105.Notwithstanding Section 13340 of the Government Code, in addition to the apportionments prescribed by Sections 2104, 2106, and 2107, from the revenues derived from a per gallon tax imposed pursuant to Section 7360 of the Revenue and Taxation Code, and a per gallon tax imposed pursuant to Section 8651 Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation Code, and a per gallon tax imposed pursuant to Sections 60050 and 60115 of the Revenue and Taxation Code, the following apportionments shall be made:
(a)A sum equal to 1.035 cents ($0.01035) per gallon from the tax under Section 7360 of the Revenue and Taxation Code, 11.5 percent of any per gallon tax in excess of nine cents ($0.09) per gallon under Section 8651 Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation Code, and 1.035 cents ($0.01035) per gallon from the tax under Sections 60050 and 60115 of the Revenue and Taxation Code, shall be apportioned among the counties, including a city and county.
The amount of apportionment to each county, including a city and county, during a fiscal year shall be calculated as follows:
(1)One million dollars ($1,000,000) for apportionment to all counties, including a city and county, in proportion to each countys receipts during the prior fiscal year under Sections 2104 and 2106.
(2)One million dollars ($1,000,000) for apportionment to all counties, including a city and county, as follows:
(A)Seventy-five percent in the proportion that the number of fee-paid and exempt vehicles which are registered in the county bears to the number of fee-paid and exempt vehicles registered in the state.
(B)Twenty-five percent in the proportion that the number of miles of maintained county roads in the county bears to the miles of maintained county roads in the state.
(3)For each county, determine its factor which is the higher amount calculated pursuant to paragraph (1) or (2) divided by the sum of the higher amounts for all of the counties.
(4)The amount to be apportioned to each county is equal to its factor multiplied by the amount available for apportionment.
(b)A sum equal to 1.035 cents ($0.01035) per gallon from the tax under Section 7360 of the Revenue and Taxation Code, 11.5 percent of any per gallon tax in excess of nine cents ($0.09) per gallon under Section 8651 of the Revenue and Taxation Code, and 1.035 cents ($0.01035) per gallon from the tax under Sections 60050 and 60115 of the Revenue and Taxation Code, shall be apportioned to cities, including a city and county, in the proportion that the total population of the city bears to the total population of all the cities in the state.
(c)(1)Transfers of revenues from the Highway Users Tax Account to counties or cities pursuant to this section collected during the months of March, April, May, June, and July of 2008, shall be made with the transfer of August 2008 revenues in September of 2008. This suspension shall not apply to a county with a population of less than 40,000.
(2)For the purpose of meeting the cash obligations associated with ongoing budgeted costs, a city or county may make use of any cash balance in the city account that is designated for the receipt of state funds allocated for local streets and roads or the county road fund, including that resulting from the receipt of funds pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code (hereafter bond act)) for local streets and roads maintenance, during the period of this suspension, without the use of this cash being reflected as an expenditure of bond act funds, provided the cash is replaced once this suspension is repaid in September of 2008. Counties and cities may accrue the revenue received in September 2008 as repayment of these suspensions for the months of April, May, and June of 2008 back to the 200708 fiscal year. Nothing in this paragraph shall change the fact that expenditures must be accrued and reflected from the appropriate funding sources for which the moneys were received and meet all the requirements of those funding sources.
(d)(1)The transfer of revenues from the Highway Users Tax Account to counties or cities pursuant to this section collected during the months of January, February, and March 2009 shall be made with the transfer of April 2009 revenues in May 2009.
(2)For the purpose of meeting the cash obligations associated with ongoing budgeted costs, a city or county may make use of any cash balance in the city account that is designated for the receipt of state funds allocated for local streets and roads or the county road fund, including that resulting from the receipt of funds pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code (bond act)) for local streets and roads maintenance, during the period of this suspension, and the use of this cash shall not be considered as an expenditure of bond act funds, if the cash is replaced when the payments that are suspended pursuant to this subdivision are repaid in May 2009.
(3)This subdivision shall not affect any requirement that an expenditure is required to be accrued and reflected from the appropriate funding source for which the money was received and to meet all the requirements of its funding source.
|
Date
|
Status
|
|---|---|
| Jun 15, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0.) (June 15). Re-referred to Com. on APPR. |
| Sep 14, 2016 | Chaptered by Secretary of State. Chapter 366, Statutes of 2016. |
| Sep 14, 2016 | Approved by the Governor. |
| Aug 30, 2016 | Enrolled and presented to the Governor at 1:30 p.m. |
| Aug 25, 2016 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 25, 2016 | Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5429.) Ordered to engrossing and enrolling. |
| Aug 23, 2016 | Ordered to special consent calendar. |
| Aug 19, 2016 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 18, 2016 | Read third time. Passed. (Ayes 78. Noes 1. Page 5884.) Ordered to the Senate. |
| Aug 18, 2016 | Read third time. Passed. Ordered to the Senate. |
| Aug 4, 2016 | Read third time and amended. |
| Aug 4, 2016 | Ordered to third reading. |
| Aug 1, 2016 | Ordered to third reading. |
| Aug 1, 2016 | From consent calendar on motion of Assembly Member Calderon. |
| Jun 30, 2016 | Read second time. Ordered to consent calendar. |
| Jun 29, 2016 | From committee: Do pass. Ordered to consent calendar. (Ayes 18. Noes 0.) (June 29). |
| Feb 8, 2016 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Jun 2, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV. |
| May 2, 2016 | Referred to Com. on L. GOV. |
| Apr 21, 2016 | Read third time. Passed. (Ayes 39. Noes 0.) Ordered to the Assembly. |
| Apr 21, 2016 | Read third time. Passed. (Ayes 39. Noes 0. Page 3631.) Ordered to the Assembly. |
| Apr 21, 2016 | In Assembly. Read first time. Held at Desk. |
| Apr 19, 2016 | Read second time. Ordered to consent calendar. |
| Apr 18, 2016 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Apr 8, 2016 | Set for hearing April 18. |
| Apr 6, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (April 6). Re-referred to Com. on APPR. |
| Apr 6, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 3420.) (April 6). Re-referred to Com. on APPR. |
| Mar 29, 2016 | Set for hearing April 6. |
| Mar 29, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F. |
| Feb 18, 2016 | Referred to Com. on GOV. & F. |
| Feb 9, 2016 | From printer. May be acted upon on or after March 10. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 25, 2016 | Special Consent SB974 GOV. & F. (Hertzberg) | Senate Floor |
Passed |
|
| Aug 18, 2016 | SB 974 GOV.& F. Senate Third Reading By EGGMAN | Assembly Floor |
Passed |
|
| Jun 29, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 15, 2016 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Local Government |
Passed |
|
| Apr 21, 2016 | Consent Calendar 2nd SB974 Committee On GOV. & F.(Hertzberg) | Senate Floor |
Passed |
|
| Apr 6, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Governance and Finance |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Association of County Treasurers and Tax Collectors | ** Support | Aug 4, 2016 |
| California State Association Of Counties | ** Support | Aug 4, 2016 |
| Irvine Ranch Water District | ** Support | Aug 4, 2016 |
| Kern County Water Agency | ** Support | Aug 4, 2016 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 974
:
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 4/6/16
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 39-0, 4/21/16 (Consent)
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR: 78-1, 8/18/16 - See last page for vote
DIGEST: This bill, the Local Government Omnibus Act of 2016, proposes a number of relatively minor, noncontroversial changes to state laws governing local governments’ powers and duties.
Assembly Amendments add three additional sets of changes to statutes governing local governments and made several technical and clarifying changes to the bill’s language.
Each year, local officials discover problems with the state statutes that affect counties, cities, and special districts. These minor problems do not warrant separate (and expensive) bills. Legislators respond by combining several of these minor topics into an annual “omnibus bill.” Although this practice may violate a strict interpretation of the single-subject and germaneness rules as presented in Californians for an Open Primary v. McPherson (2006) 38 Cal.4th 735, nevertheless it is an expeditious and relatively inexpensive way to respond to multiple requests.
This bill, the Local Government Omnibus Act of 2016, proposes the following changes to the state laws affecting local agencies’ powers and duties:
- County recorders. County recorders accept and officially record legal documents, notices, or papers, including survey maps. State law requires that a record of survey filed with a county recorder must be securely fastened into a suitable book provided for that purpose. County recorders note that this requirement does not conform to modern best practices for storing recorded final and parcel maps. This bill allows a county recorder, as an alternative to fastening maps in a book, to store recorded survey maps in any manner that assures the maps will be kept together. In the same statute, the bill also replaces outdated references to "he" and "him" with gender-neutral terms.
- Veterans’ records. State law requires that certified copies of specified recorded documents related to an individual’s military service may be made available only to four types of requesters, including a county office that provides veterans’ benefit services. County recorders note that this requirement prohibits county recorders from providing certified copies of military service records to city or state offices that provide veterans’ benefit services. This bill allows any state, county, or city office that provides veterans’ benefit services to request and receive certified copies of military service records.
- Notaries and certified mail. State law requires that specified communications between a notary public and the Secretary of State’s Office be made using certified mail. The California Association of Clerks and Elections Officials notes that a narrow reading of the certified mail requirement could prohibit a notary public from communicating with the Secretary of State’s Office using other similar means of delivery that provide a receipt, like overnight or express delivery services. This bill allows specified communications between a notary public and the Secretary of State’s Office to use, in addition to certified mail, any other means of physical delivery that provides a receipt.
- Notaries’ oaths. State law specifies the manner in which a notary public must file an oath of office with a county clerk. The California Association of Clerks and Elections Officials notes that state law does not require a county clerk to confirm the identity of an individual taking the oath as a notary public. This bill requires a person taking the notary public oath of office before a county clerk to provide an identification document that meets specified statutory requirements. This bill also allows the oath of office to be filed with the county clerk by any means of physical delivery that provides a receipt, in addition to certified mail.
- Floating Homes. State law defines a "floating home" as a floating structure that: is designed and built to be used, or is modified to be used, as a stationary waterborne residential dwelling; has no mode of power of its own; is dependent for utilities upon a continuous utility linkage to a source originating on shore; and has a permanent continuous hookup to a shore side sewage system. A floating home is not categorized as a vessel, but is assessed for property tax purposes in the same manner as real property (AB 1506, Filante, Chapter 44, Statutes of 1982). State law prescribes the powers and duties of the State Board of Equalization (BOE), including the adoption of rules, regulations, and instructions relating to mobile homes which are subject to property taxation. The California Assessor’s Association notes that the statutes prescribing the BOE’s powers and duties lack any explicit reference to floating homes. This bill allows the BOE to exercise powers relating to rules, regulations, and instructions for floating homes that are the same as the powers that state law allows the BOE to exercise for mobile homes.
- Cities’ financial transaction reports. State law requires cities to furnish the State Controller with annual reports of their financial transactions and requires city clerks to either publish or publicly post the contents of the annual reports that cities submit to the Controller. Last year, the Legislature extended, until seven months after the end of a local agency’s fiscal year, the deadline for submitting an annual financial transactions report to the Controller (AB 341, Achadjian, 2015). The League of California Cities staff notes that the statutory deadline by which city clerks must publish or post the annual reports was not extended and now falls well before the deadline for submitting the reports to the Controller. This bill conforms the deadline before which city clerks must publish or post annual financial transactions reports to the timelines established by last year’s Achadjian bill.
- Local artificial turf regulations. State law prohibits local governments from adopting ordinances or regulations that prohibit the installation of drought tolerant landscaping, synthetic grass, or artificial turf on residential property (AB 1164, Gatto, Chapter 671, Statutes of 2015). However, local governments may impose reasonable restrictions on the type of drought tolerant landscaping, synthetic grass, or artificial turf that may be installed on residential property provided that those restrictions meet specified requirements. Some City of Sacramento officials are concerned that, in at least some situations, requirements specified in state law may not allow local governments to impose restrictions on the installation of synthetic grass or artificial turf to prevent damage to trees that are protected by local ordinances. This bill would allow a city, including a charter city, county, or city and county, to impose reasonable restrictions on the installation of synthetic grass or artificial turf within the dripline of a tree protected by local ordinance.
- Local agency investment requirements. Since 1913, state law has authorized local officials to invest a portion of their temporarily idle funds in a variety of financial instruments. State law allows local officials to invest in some financial instruments only if the instrument receives a specified rating from a nationally recognized statistical rating organization (NRSRO), like Fitch, Moody’s, or Standard & Poor’s. NRSROs assign specific investment vehicles into ratings categories (usually designated with a letter-grade, like “A” or “B”) and further differentiate investment vehicles’ relative standing within those general ratings categories by attaching various modifiers (like “A+”, “A-“) that indicate whether a particular investment vehicle falls within the high, middle, or low range of a ratings category. The State Treasurer’s Office staff notes that some public officials and investment industry professionals disagree about how to interpret some state laws that require an investment vehicle to have a specified rating. For example, it is ambiguous whether a statute that requires an investment instrument to have an “A” rating or higher allows investments in any instrument within the “A” category or allows investments only in instruments within the middle or upper range of the “A” category. This bill clarifies some statutory ratings requirements by specifying that some ratings requirements refer to a ratings category and specifying that the rating specified in statute also applies to “equivalent” ratings (i.e. a requirement that an investment instrument must have an “A1” rating also allows for investment in an instrument with a “AAA” rating).
- Hearing notice cross-reference. State law specifies the manner in which local governments must provide notice of public hearings relating to planning and land use. One statute requires that notice of a hearing must be mailed or delivered to:
- A local agency that is expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to a project.
- All owners of real property located within 300 feet of real property that is the subject of a hearing.
A senior deputy in the Monterey County Counsel’s office notes that amendments made by AB 2867 (Torrico, Chapter 363, Statutes of 2006) renumbered the statute’s provisions but failed to change a cross-reference. As a result, some notice requirements that used to be related to the mailing or delivery of notice to property owners now appear to be related to the mailing or delivery of notice to public agencies. This bill changes the cross-reference to refer to the same section of statute that it referred to before 2006.
- General plan safety element updates. Current law requires counties and cities, upon each revision of their general plans’ housing elements, to review and, if necessary, revise their general plans’ safety elements to identify new flood and fire hazard information that wasn’t available at the time the safety element was previously revised to address flood and fire hazards (Government Code §65302). Last year, the Legislature passed SB 379 (Jackson, Chapter 608, Statutes of 2015) which requires cities and counties to review and update their general plans’ safety elements to address climate adaptation and resiliency. SB 379 added a cross-reference to existing law to require that a general plan’s safety element must be reviewed and updated to add new information about risks posed by climate change upon each revision of the general plan’s housing element, as is already required for flood and fire risks. Senator Jackson’s staff notes that, unlike earlier bills requiring safety plan updates for flood and fire risks, SB 379 requires the safety element to be updated to address climate change risks upon the next update of a local hazard mitigation plan, and not the housing element. The League of California Cities wants to further clarify that a housing element update does not trigger a requirement to update the safety element with climate change and resiliency information. This bill deletes the erroneous cross-reference enacted by last year’s SB 379 and clarifies that additional information relating only to flood and fire hazards must be identified in a revised general plan safety element after each revision of a general plan housing element.
- Fort Ord Reuse Authority’s board. After federal officials closed the Fort Ord military base in Monterey County, the Legislature passed the Fort Ord Reuse Authority Act, which created the Fort Ord Reuse Authority (FORA) to coordinate the former base’s transition (SB 899, Mello, Chapter 64, Statutes of 1994). State law allows FORA’s board to include, as ex officio nonvoting members: a representative designated by the Member of Congress from the 17th Congressional District, a representative designated by the Senator from the 15th Senate District, a representative designated by the Assembly Member from the 27th Assembly District. Senator Monning’s staff notes that redistricting has changed the numbers that are assigned to congressional, state senate, and state assembly districts, so that the district numbers identified in statute no longer correspond to districts representing the Fort Ord area. This bill allows the congressmember, state senator, and state assemblymember whose districts include the majority of Fort Ord to appoint representatives to FORA’s board.
- Fire protection district resolution of application. Current law allows a city council or county board of supervisors to propose forming a new fire protection district by adopting a “resolution of application” that meets specified requirements (Health and Safety Code §13821). A related statute requiring a local agency formation commission to act on proposals to form new fire protection districts erroneously refers to a “resolution or application” (Health and Safety Code §13822). To clarify that statute’s meaning, this bill replaces the word “or” with the word “of” so that the statute refers to a “resolution of application.”
- Sewer agency ordinances and resolutions. Many state laws provide that local agencies may take specified actions only by adopting an ordinance, only by adopting a resolution, or by either adopting an ordinance or a resolution. Irvine Ranch Water District staff notes that several statutes governing local governments that operate sanitary sewers and sewerage systems contain inconsistent language specifying whether an agency must adopt an ordinance, a resolution, or either one to fix and collect fees or charges and take other actions related to its operation of a sanitary sewer or sewerage system. This bill amends existing statutes to consistently authorize a local agency to adopt either an ordinance or a resolution.
- Best value definition. Last year, the Legislature passed SB 762 (Wolk, Chapter 627, Statutes of 2015), which allows seven specified counties to award construction contracts through a “best value” procurement process and modifies the definitions of “best value” in statutes allowing the state and local government officials to use the design-build contracting method for some public works. The Legislature also passed SB 374 (Hueso, Chapter 715, Statutes of 2015), which authorized the San Diego Association of Government to use design-build for transit capital projects and development projects adjacent or related to transit facilities. Both SB 762 and SB 374 made different amendments to Public Contract Code §22161. Senator Wolk’s staff notes that because SB 374 was signed into law after SB 762, its language erased – or “chaptered out” – the changes that SB 762 made to the definition of “best value” in Public Contract Code §22161. This bill restores the changes to the definition of best value that were chaptered out by SB 374.
- Vehicle license fee calculation. In lieu of a property tax on motor vehicles, the state collects an annual Vehicle License Fee (VLF) and allocates the revenues, minus administrative costs, to cities and counties. As a part of the complex statutory requirements for allocating VLF revenues, state law requires the State Controller to use a specified formula to determine the population of certain recently incorporated cities (Revenue and Taxation Code §11005.3). The State Controller’s staff notes that statutes requiring this calculation contain erroneous cross-references to the definition of a city’s “actual population.” To clarify this law’s meaning, this bill corrects cross-references to the definition of a city’s “actual population.”
- County clerk references. In 2002, state law was amended to shift the responsibility for entering some superior court judgements from county clerks to the Clerk of the Court (SB 1316, Senate Committee on Judiciary, Chapter 784, Statutes of 2002). The California Association of Clerks and Elections Officials notes that two statutes relating to superior court judgements contain outdated references to a county clerk. This bill replaces the term “county clerk” with the term “Clerk of the Court” in those two statutes.
- Highway user tax account allocations. The State allocates funds from the Highway Users Tax Account (HUTA), to cities and counties for local street and road maintenance. The apportionment amount for revenues from the Use Fuel Tax Law is calculated and distributed based on specific formulas and rates established in Revenue & Taxation Code § 8651, §8651.5, and §8651.6. The State Controller’s staff notes that Streets and Highways Code 2105 only references Revenue and Taxation Code §8651 for the calculation, omitting references to §8651.5 and §8651.6. To ensure that the apportionments to cities and counties required by Streets & Highways Code §2105 are calculated properly, this bill adds the omitted cross-references.
- Property and Business Improvement District Law of 1994. Practitioners who work with property and business improvement districts (PBIDs) have identified errors and ambiguities in statutes governing PBIDs. They want the Legislature to make the following corrections and clarifications:
- Specific benefit. Pursuant to the California Constitution, PBIDs’ assessments on businesses must be imposed for the purpose of conferring a specific benefit on the businesses that are assessed (Article XIIIC, Section (1)(e)). To conform the 1994 Act’s language to this Constitutional requirement, this bill adds language to two statutes (Streets and Highways Code §36601 and §36606) to specify that PBIDs’ assessments must be used to confer a specific benefit or benefits on assessed businesses.
- Consistent terminology. In general, the 1994 Act uses the term “district” to describe the territory within a PBID’s boundaries. However, two statutes (Streets & Highways Code §36610 and §36670) use the term “area” to describe territory within a PBID’s boundaries. To make the Act’s language more consistent, this bill replaces the term “area” with the term “district” in those two statutes.
- Funding for extraterritorial improvements and activities. The 1994 Act prohibits a PBID from using assessment revenues to provide improvements, maintenance, and activities outside the district. However, marketing and promotional activities are among the services that a PBID can fund. Some practitioners argue that it is ineffective to limit those activities only to the area within the boundaries of the PBID itself. This bill allows a PBID to provide improvements and activities which must be provided outside the district boundaries to create a special or specific benefit to assessed parcels or businesses and specifies that the allowable activities are limited to marketing or signage pointing to the district.
- Kern County Water Agency. The Kern County Water Agency (KCWA) is governed by a seven member elected board of directors and is responsible for delivering water from the state water project to local water agencies with which it contracts. State law requires KCWA, in addition to all other requirements in state law, to additionally obtain the Kern County Board of Supervisor’s approval before it can levy a tax, create a benefit zone, or adopt a budget. KCWA officials note that in light of the many voter-approval and public hearing requirements in state law that apply to local agencies’ taxes and budgets, the requirement for KCWA to seek the board of supervisors’ approval is duplicative and unnecessary. State law does not require most other special districts to obtain a board of supervisors’ approval before levying taxes or adopting a budget. This bill deletes the requirement that KCWA must get the board of supervisors’ approval before levying taxes, creating benefit zones, or adopting a budget. This bill also deletes a section of law authorizing Kern County employees to perform duties and provide services for the KCWA subject to specified conditions.
Comment
This bill compiles noncontroversial changes to state laws affecting local agencies and land use into a single bill. Sending a bill through the legislative process costs around $18,000. By avoiding separate bills, this bill avoids more than $180,000 in legislative costs. Although the practice may violate a strict interpretation of the single-subject and germaneness rules, the Senate Governance and Finance Committee insists on a very public review of each item. More than 100 public officials, trade groups, lobbyists, and legislative staffers see each proposal before it goes into the Committee’s bill. Should any item attract opposition, the Committee will delete it. In this transparent process, there is no hidden agenda. If it’s not consensus, it’s not omnibus.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Association of California Water Agencies
California Association of Clerks and Elections Officials
California State Association of Counties
California State Controller Betty Yee
County Recorders Association of California
Irvine Ranch Water District
Kern County Water Agency
League of California Cities
OPPOSITION: (Verified 8/15/16)
None received
ASSEMBLY FLOOR: 78-1, 8/18/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NOES: Salas
NO VOTE RECORDED: Roger Hernández
8/19/16 19:21:43
**** END ****
SENATE THIRD READING
STR Bill Id:SB 974
Author:(Committee on Governance and Finance)
As Amended Ver:August 4, 2016
Majority vote
SENATE VOTE: 39-0
Committee | Votes | Ayes | Noes |
Local Government | 9-0 | Eggman, Waldron, Alejo, Bonilla, Chiu, Cooley, Beth Gaines, Gordon, Linder | |
Appropriations | 18-0 | Gonzalez, Bigelow, Bloom, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Roger Hernández, Holden, Jones, Obernolte, Quirk, Santiago, Wagner, Weber, Wood |
SUMMARY: Enacts the Local Government Omnibus Bill of 2016, which proposes a number of non-controversial changes to existing laws governing the powers and duties of local agencies.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
- Bill Summary. This bill enacts the Local Government Omnibus Act of 2015, which includes the following provisions:
- County Recorders. County recorders accept and officially record legal documents, notices, or papers, including survey maps. State law requires that a record of survey filed with a county recorder must be securely fastened into a suitable book provided for that purpose. The County Recorders Association of California notes that this requirement does not conform to modern best practices for storing recorded final and parcel maps. This bill allows a county recorder, as an alternative to fastening maps in a book, to store recorded survey maps in any manner that assures the maps will be kept together. In the same statute, the bill also replaces outdated references to "he" and "him" with gender-neutral terms.
- Veterans' Records. State law requires that certified copies of specified recorded documents related to an individual's military service may be made available only to four types of requesters, including a county office that provides veterans' benefit services. The County Recorders Association of California notes that this requirement prohibits county recorders from providing certified copies of military service records to city or state offices that provide veterans' benefit services. This bill allows any state, county, or city office that provides veterans' benefit services to request and receive certified copies of military service records.
- Notaries and Certified Mail. State law requires that specified communications between a notary public and the Secretary of State's Office be made using certified mail. The California Association of Clerks and Elections Officials notes that a narrow reading of the certified mail requirement could prohibit a notary public from communicating with the Secretary of State's Office using other similar means of delivery that provide a receipt, like overnight or express delivery services. This bill allows specified communications between a notary public and the Secretary of State's Office to use, in addition to certified mail, any other means of physical delivery that provides a receipt.
- Board of Equalization – Floating Homes. State law defines a "floating home" as a floating structure that is designed and built to be used, or is modified to be used, as a stationary waterborne residential dwelling; has no mode of power of its own; is dependent for utilities upon a continuous utility linkage to a source originating on shore; and, has a permanent continuous hookup to a shore side sewage system. A floating home is not categorized as a vessel, but is assessed for property tax purposes in the same manner as real property. State law prescribes the powers and duties of the State Board of Equalization (BOE), including the adoption of rules, regulations, and instructions relating to mobile homes which are subject to property taxation. The California Assessor's Association notes that the statutes prescribing the BOE's powers and duties lack any explicit reference to floating homes. This bill allows the BOE to exercise powers relating to rules, regulations, and instructions for floating homes that are the same as the powers that state law allows the BOE to exercise for mobile homes.
- Notaries' Oaths. State law specifies the manner in which a notary public must file an oath of office with a county clerk. The California Association of Clerks and Elections Officials notes that state law does not require a county clerk to confirm the identity of an individual taking the oath as a notary public. This bill requires a person taking the notary public oath of office before a county clerk to provide an identification document that meets specified statutory requirements. This bill also allows the oath of office to be filed with the county clerk by any means of physical delivery that provides a receipt, in addition to certified mail.
- Cities' Financial Transaction Reports. State law requires cities to furnish the State Controller with annual reports of their financial transactions and requires city clerks to either publish or publicly post the contents of the annual reports that cities submit to the Controller. Last year, the Legislature extended, until seven months after the end of a local agency's fiscal year, the deadline for submitting an annual financial transactions report to the Controller [AB 341 (Achadjian), Chapter 37, Statutes of 2015]. The League of California Cities notes that the statutory deadline by which city clerks must publish or post the annual reports was not extended, and now falls well before the deadline for submitting the reports to the Controller. This bill conforms the deadline before which city clerks must publish or post annual financial transactions reports to the timelines established by last year's Achadjian bill.
- Local Artificial Turf Regulations. State law prohibits local governments from adopting ordinances or regulations that prohibit the installation of drought tolerant landscaping, synthetic grass, or artificial turf on residential property. However, local governments may impose reasonable restrictions on the type of drought tolerant landscaping, synthetic grass, or artificial turf that may be installed on residential property provided that those restrictions do not substantially increase the cost of installing drought tolerant landscaping, synthetic grass, or artificial turf; effectively prohibit the installation of drought tolerant landscaping, synthetic grass, or artificial turf; or, significantly impede the installation of drought tolerant landscaping, including, but not limited to, a requirement that a residential yard must be completely covered with living plant material.
Some City of Sacramento officials are concerned that, in at least some situations, state law may not allow local governments to impose restrictions on the installation of synthetic grass or artificial turf to prevent damage to trees that are protected by local ordinances. This bill allows a city, including a charter city, county, or city and county, to impose reasonable restrictions on the installation of synthetic grass or artificial turf within the dripline of a tree protected by local ordinance.
- Local Agency Investment Requirements. Since 1913, state law has authorized local officials to invest a portion of their temporarily idle funds in a variety of financial instruments. State law allows local officials to invest in some financial instruments only if the instrument receives a specified rating from a nationally recognized statistical rating organization (NRSRO), like Fitch, Moody's, or Standard & Poor's. NRSROs assign specific investment vehicles into ratings categories (usually designated with a letter-grade, like "A" or "B") and further differentiate investment vehicles' relative standing within those general ratings categories by attaching various modifiers (like "A+", "A-") that indicate whether a particular investment vehicle falls within the high, middle, or low range of a ratings category.
The State Treasurer's Office notes that some public officials and investment industry professionals disagree about how to interpret some state laws that require an investment vehicle to have a specified rating. For example, it is ambiguous whether a statute that requires an investment instrument to have an "A" rating or higher allows investments in any instrument within the "A" category or allows investments only in instruments within the middle or upper range of the "A" category. This bill clarifies some statutory ratings requirements by specifying that some ratings requirements refer to a ratings category and specifying that the rating specified in statute also applies to "equivalent" ratings (i.e., a requirement that an investment instrument must have an "A1" rating also allows for investment in an instrument with a "AAA" rating).
- Hearing Notice Cross-Reference. State law specifies the manner in which local governments must provide notice of public hearings relating to planning and land use. One statute requires that notice of a hearing must be mailed or delivered to a local agency that is expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to a project; and, all owners of real property located within 300 feet of real property that is the subject of a hearing.
A senior deputy in the Monterey County Counsel's office notes that amendments made by AB 2867 (Torrico), Chapter 363, Statutes of 2006, renumbered the statute's provisions but failed to change a cross-reference. As a result, some notice requirements that used to be related to the mailing or delivery of notice to property owners now appear to be related to the mailing or delivery of notice to public agencies. This bill changes the cross-reference to refer to the same section of statute that it referred to before 2006.
- General Plan Safety Element Updates. Current law requires counties and cities, upon each revision of their general plans' housing elements, to review and, if necessary, revise their general plans' safety elements to identify new flood and fire hazard information that wasn't available at the time the safety element was previously revised to address flood and fire hazards. Last year, the Legislature passed SB 379 (Jackson), Chapter 608, Statutes of 2015, which requires cities and counties to review and update their general plans' safety elements to address climate adaptation and resiliency. SB 379 added a cross-reference to existing law to require that a general plan's safety element must be reviewed and updated to add new information about risks posed by climate change upon each revision of the general plan's housing element, as is already required for flood and fire risks.
Senator Jackson's staff notes that, unlike earlier bills requiring safety plan updates for flood and fire risks, SB 379 requires the safety element to be updated to address climate change risks upon the next update of a local hazard mitigation plan, and not the housing element. The League of California Cities wants to further clarify that a housing element update does not trigger a requirement to update the safety element with climate change and resiliency information. This bill deletes the erroneous cross-reference enacted by last year's SB 379 and clarifies that additional information relating only to flood and fire hazards must be identified in a revised general plan safety element after each revision of a general plan housing element.
- Fort Ord Reuse Authority's Board. After federal officials closed the Fort Ord military base in Monterey County, the Legislature passed the Fort Ord Reuse Authority Act, which created the Fort Ord Reuse Authority (FORA) to coordinate the former base's transition. State law allows FORA's board to include, as ex officio nonvoting members: a representative designated by the Member of Congress from the 17th Congressional District; a representative designated by the Senator from the 15th Senate District; and, a representative designated by the Assembly Member from the 27th Assembly District.
Senator Monning's staff notes that redistricting has changed the numbers that are assigned to congressional, state senate, and state assembly districts, so that the district numbers identified in statute no longer correspond to districts representing the Fort Ord area. This bill allows the congressmember, state senator, and state assemblymember whose districts include the majority of Fort Ord to appoint representatives to FORA's board.
- Fire Protection District Resolution of Application. Current law allows a city council or county board of supervisors to propose forming a new fire protection district by adopting a "resolution of application" that meets specified requirements. A related statute requiring a local agency formation commission to act on proposals to form new fire protection districts erroneously refers to a "resolution or application." To clarify that statute's meaning, this bill replaces the word "or" with the word "of" so that the statute refers to a "resolution of application."
- Sewer Agency Ordinances and Resolutions. Many state laws provide that local agencies may take specified actions only by adopting an ordinance, only by adopting a resolution, or by either adopting an ordinance or a resolution. Irvine Ranch Water District staff notes that several statutes governing local governments that operate sanitary sewers and sewerage systems contain inconsistent language specifying whether an agency must adopt an ordinance, a resolution, or either one to fix and collect fees or charges and take other actions related to its operation of a sanitary sewer or sewerage system. This bill amends existing statutes to consistently authorize a local agency to adopt either an ordinance or a resolution.
- Best Value Definition. Last year, the Legislature passed SB 762 (Wolk), Chapter 627, Statutes of 2015, which allows seven specified counties to award construction contracts through a "best value" procurement process and modifies the definitions of "best value" in statutes allowing the state and local government officials to use the design-build contracting method for some public works. The Legislature also passed SB 374 (Hueso), Chapter 715, Statutes of 2015, which authorized the San Diego Association of Government to use design-build for transit capital projects and development projects adjacent or related to transit facilities. Both SB 762 and SB 374 made different amendments to Public Contract Code Section 22161. Senator Wolk's staff notes that because SB 374 was signed into law after SB 762, its language erased – or "chaptered out" – the changes that SB 762 made to the definition of "best value" in Public Contract Code Section 22161. This bill restores the changes to the definition of best value that were chaptered out by SB 374.
- Vehicle License Fee Calculation. In lieu of a property tax on motor vehicles, the state collects an annual Vehicle License Fee (VLF) and allocates the revenues, minus administrative costs, to cities and counties. As a part of the complex statutory requirements for allocating VLF revenues, state law requires the State Controller to use a specified formula to determine the population of certain recently incorporated cities. The State Controller's staff notes that statutes requiring this calculation contain erroneous cross-references to the definition of a city's "actual population." To clarify this law's meaning, this bill corrects cross-references to the definition of a city's "actual population."
- County Clerk References. In 2002, state law was amended to shift the responsibility for entering some superior court judgements from county clerks to the Clerk of the Court. The California Association of Clerks and Elections Officials notes that two statutes relating to superior court judgements contain outdated references to a county clerk. This bill replaces the term "county clerk" with the term "Clerk of the Court" in those two statutes.
- Highway User Tax Account Allocations. The State allocates funds from the Highway Users Tax Account (HUTA), to cities and counties for local street and road maintenance. The apportionment amount for revenues from the Use Fuel Tax Law is calculated and distributed based on specific formulas and rates established in Revenue & Taxation Code Section 8651, Section 8651.5, and Section 8651.6. The State Controller's staff notes that Streets and Highways Code Section 2105 only references Revenue and Taxation Code Section 8651 for the calculation, omitting references to Section 8651.5 and Section 8651.6. To ensure that the apportionments to cities and counties required by Streets & Highways Code Section 2105 are calculated properly, this bill adds the omitted cross-references.
- Property and Business Improvement District Law of 1994. The Property and Business Improvement District Law of 1994 allows property owners to petition a city or county to set up an improvement district (PBID) and levy assessments on property owners, business owners, or both, to pay for promotional activities as well as for physical improvements (AB 3754 (Caldera), Chapter 897, Statutes of 1994). Practitioners who work with PBIDs have identified errors and ambiguities in the 1994 Act. They want the Legislature to make the following corrections and clarifications:
- Specific Benefit. Pursuant to the California Constitution, PBIDs' assessments on businesses must be imposed for the purpose of conferring a specific benefit on the businesses that are assessed. To conform the 1994 Act's language to this Constitutional requirement, this bill adds language to two statutes to specify that PBIDs' assessments must be used to confer a specific benefit or benefits on assessed businesses.
- Consistent Terminology. In general, the 1994 Act uses the term "district" to describe the territory within a PBID's boundaries. However, two statutes use the term "area" to describe territory within a PBID's boundaries. To make the Act's language more consistent, this bill replaces the term "area" with the term "district" in those two statutes.
- Funding for Extraterritorial Improvements and Activities. The 1994 Act prohibits a PBID from using assessment revenues to provide improvements, maintenance, and activities outside the district. However, marketing and promotional activities are among the services that a PBID can fund. Some practitioners argue that it is ineffective to limit those activities only to the area within the boundaries of the PBID itself. This bill allows a PBID to provide improvements and activities which must be provided outside the district boundaries to create a special or specific benefit to assessed parcels or businesses and specifies that the allowable activities are limited to marketing or signage pointing to the district.
- Kern County Water Agency. The Kern County Water Agency (KCWA) is governed by a seven-member elected board of directors and is responsible for delivering water from the state water project to local water agencies with which it contracts. State law requires KCWA, in addition to all other requirements in state law, to additionally obtain the Kern County Board of Supervisor's approval before it can levy a tax, create a benefit zone, or adopt a budget. KCWA officials note that in light of the many voter-approval and public hearing requirements in state law that apply to local agencies' taxes and budgets, the requirement for KCWA to seek the board of supervisors' approval is duplicative and unnecessary. State law does not require most other special districts to obtain a board of supervisors' approval before levying taxes or adopting a budget. This bill deletes the requirement that KCWA must get the board of supervisors' approval before levying taxes, creating benefit zones, or adopting a budget. This bill also deletes a section of law authorizing Kern County employees to perform duties and provide services for the KCWA, subject to specified conditions.
- Author's Statement. According to the author, "SB 974 compiles, into a single bill, noncontroversial statutory changes to…state laws that affect local agencies and land use. Moving a bill through the legislative process costs around $18,000. By avoiding (numerous) other bills, the Committee's measure avoids more than $250,000 in legislative costs. Although the practice may violate a strict interpretation of the single-subject and germaneness rules, the Committee insists on a very public review of each item. More than 100 public officials, trade groups, lobbyists, and legislative staffers see each proposal before it goes into the Committee's bill. Should any item in SB 974 attract opposition, the Committee will delete it. In this transparent process, there is no hidden agenda. If it's not consensus, it's not omnibus."
- State Mandate. This bill is keyed a state mandate, which means the state could be required to reimburse local agencies and school districts for implementing the bill's provisions if the Commission on State Mandates determines that the bill contains costs mandated by the state.
- Arguments in Support. Supporters note that this bill assists them with their mission and duties by making several non-controversial changes to the statutes governing local governments.
- Arguments in Opposition. None on file.
Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0003616
SENATE THIRD READING
STR Bill Id:SB 974
Author:(Committee on Governance and Finance)
As Amended Ver:June 2, 2016
Majority vote
SENATE VOTE: 39-0
Committee | Votes | Ayes | Noes |
Local Government | 9-0 | Eggman, Waldron, Alejo, Bonilla, Chiu, Cooley, Beth Gaines, Gordon, Linder | |
Appropriations | 18-0 | Gonzalez, Bigelow, Bloom, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Roger Hernández, Holden, Jones, Obernolte, Quirk, Santiago, Wagner, Weber, Wood |
SUMMARY: Enacts the Local Government Omnibus Bill of 2016, which proposes a number of non-controversial changes to existing laws governing the powers and duties of local agencies.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
- Bill Summary. This bill enacts the Local Government Omnibus Act of 2015, which includes the following provisions:
- County Recorders. County recorders accept and officially record legal documents, notices, or papers, including survey maps. State law requires that a record of survey filed with a county recorder must be securely fastened into a suitable book provided for that purpose. The County Recorders Association of California notes that this requirement does not conform to modern best practices for storing recorded final and parcel maps. This bill allows a county recorder, as an alternative to fastening maps in a book, to store recorded survey maps in any manner that assures the maps will be kept together. In the same statute, the bill also replaces outdated references to "he" and "him" with gender-neutral terms.
- Veterans' Records. State law requires that certified copies of specified recorded documents related to an individual's military service may be made available only to four types of requesters, including a county office that provides veterans' benefit services. The County Recorders Association of California notes that this requirement prohibits county recorders from providing certified copies of military service records to city or state offices that provide veterans' benefit services. This bill allows any state, county, or city office that provides veterans' benefit services to request and receive certified copies of military service records.
- Notaries and Certified Mail. State law requires that specified communications between a notary public and the Secretary of State's Office be made using certified mail. The California Association of Clerks and Elections Officials notes that a narrow reading of the certified mail requirement could prohibit a notary public from communicating with the Secretary of State's Office using other similar means of delivery that provide a receipt, like overnight or express delivery services. This bill allows specified communications between a notary public and the Secretary of State's Office to use, in addition to certified mail, any other means of physical delivery that provides a receipt.
- Board of Equalization – Floating Homes. State law defines a "floating home" as a floating structure that is designed and built to be used, or is modified to be used, as a stationary waterborne residential dwelling; has no mode of power of its own; is dependent for utilities upon a continuous utility linkage to a source originating on shore; and, has a permanent continuous hookup to a shore side sewage system. A floating home is not categorized as a vessel, but is assessed for property tax purposes in the same manner as real property. State law prescribes the powers and duties of the State Board of Equalization (BOE), including the adoption of rules, regulations, and instructions relating to mobile homes which are subject to property taxation. The California Assessor's Association notes that the statutes prescribing the BOE's powers and duties lack any explicit reference to floating homes. This bill allows the BOE to exercise powers relating to rules, regulations, and instructions for floating homes that are the same as the powers that state law allows the BOE to exercise for mobile homes.
- Notaries' Oaths. State law specifies the manner in which a notary public must file an oath of office with a county clerk. The California Association of Clerks and Elections Officials notes that state law does not require a county clerk to confirm the identity of an individual taking the oath as a notary public. This bill requires a person taking the notary public oath of office before a county clerk to provide an identification document that meets specified statutory requirements. This bill also allows the oath of office to be filed with the county clerk by any means of physical delivery that provides a receipt, in addition to certified mail.
- Cities' Financial Transaction Reports. State law requires cities to furnish the State Controller with annual reports of their financial transactions and requires city clerks to either publish or publicly post the contents of the annual reports that cities submit to the Controller. Last year, the Legislature extended, until seven months after the end of a local agency's fiscal year, the deadline for submitting an annual financial transactions report to the Controller [AB 341 (Achadjian), Chapter 37, Statutes of 2015]. The League of California Cities notes that the statutory deadline by which city clerks must publish or post the annual reports was not extended, and now falls well before the deadline for submitting the reports to the Controller. This bill conforms the deadline before which city clerks must publish or post annual financial transactions reports to the timelines established by last year's Achadjian bill.
- Local Artificial Turf Regulations. State law prohibits local governments from adopting ordinances or regulations that prohibit the installation of drought tolerant landscaping, synthetic grass, or artificial turf on residential property. However, local governments may impose reasonable restrictions on the type of drought tolerant landscaping, synthetic grass, or artificial turf that may be installed on residential property provided that those restrictions do not substantially increase the cost of installing drought tolerant landscaping, synthetic grass, or artificial turf; effectively prohibit the installation of drought tolerant landscaping, synthetic grass, or artificial turf; or, significantly impede the installation of drought tolerant landscaping, including, but not limited to, a requirement that a residential yard must be completely covered with living plant material.
Some City of Sacramento officials are concerned that, in at least some situations, state law may not allow local governments to impose restrictions on the installation of synthetic grass or artificial turf to prevent damage to trees that are protected by local ordinances. This bill allows a city, including a charter city, county, or city and county, to impose reasonable restrictions on the installation of synthetic grass or artificial turf within the dripline of a tree protected by local ordinance.
- Local Agency Investment Requirements. Since 1913, state law has authorized local officials to invest a portion of their temporarily idle funds in a variety of financial instruments. State law allows local officials to invest in some financial instruments only if the instrument receives a specified rating from a nationally recognized statistical rating organization (NRSRO), like Fitch, Moody's, or Standard & Poor's. NRSROs assign specific investment vehicles into ratings categories (usually designated with a letter-grade, like "A" or "B") and further differentiate investment vehicles' relative standing within those general ratings categories by attaching various modifiers (like "A+", "A-") that indicate whether a particular investment vehicle falls within the high, middle, or low range of a ratings category.
The State Treasurer's Office notes that some public officials and investment industry professionals disagree about how to interpret some state laws that require an investment vehicle to have a specified rating. For example, it is ambiguous whether a statute that requires an investment instrument to have an "A" rating or higher allows investments in any instrument within the "A" category or allows investments only in instruments within the middle or upper range of the "A" category. This bill clarifies some statutory ratings requirements by specifying that some ratings requirements refer to a ratings category and specifying that the rating specified in statute also applies to "equivalent" ratings (i.e., a requirement that an investment instrument must have an "A1" rating also allows for investment in an instrument with a "AAA" rating).
- Hearing Notice Cross-Reference. State law specifies the manner in which local governments must provide notice of public hearings relating to planning and land use. One statute requires that notice of a hearing must be mailed or delivered to a local agency that is expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to a project; and, all owners of real property located within 300 feet of real property that is the subject of a hearing.
A senior deputy in the Monterey County Counsel's office notes that amendments made by AB 2867 (Torrico), Chapter 363, Statutes of 2006, renumbered the statute's provisions but failed to change a cross-reference. As a result, some notice requirements that used to be related to the mailing or delivery of notice to property owners now appear to be related to the mailing or delivery of notice to public agencies. This bill changes the cross-reference to refer to the same section of statute that it referred to before 2006.
- General Plan Safety Element Updates. Current law requires counties and cities, upon each revision of their general plans' housing elements, to review and, if necessary, revise their general plans' safety elements to identify new flood and fire hazard information that wasn't available at the time the safety element was previously revised to address flood and fire hazards. Last year, the Legislature passed SB 379 (Jackson), Chapter 608, Statutes of 2015, which requires cities and counties to review and update their general plans' safety elements to address climate adaptation and resiliency. SB 379 added a cross-reference to existing law to require that a general plan's safety element must be reviewed and updated to add new information about risks posed by climate change upon each revision of the general plan's housing element, as is already required for flood and fire risks.
Senator Jackson's staff notes that, unlike earlier bills requiring safety plan updates for flood and fire risks, SB 379 requires the safety element to be updated to address climate change risks upon the next update of a local hazard mitigation plan, and not the housing element. The League of California Cities wants to further clarify that a housing element update does not trigger a requirement to update the safety element with climate change and resiliency information. This bill deletes the erroneous cross-reference enacted by last year's SB 379 and clarifies that additional information relating only to flood and fire hazards must be identified in a revised general plan safety element after each revision of a general plan housing element.
- Fort Ord Reuse Authority's Board. After federal officials closed the Fort Ord military base in Monterey County, the Legislature passed the Fort Ord Reuse Authority Act, which created the Fort Ord Reuse Authority (FORA) to coordinate the former base's transition. State law allows FORA's board to include, as ex officio nonvoting members: a representative designated by the Member of Congress from the 17th Congressional District; a representative designated by the Senator from the 15th Senate District; and, a representative designated by the Assembly Member from the 27th Assembly District.
Senator Monning's staff notes that redistricting has changed the numbers that are assigned to congressional, state senate, and state assembly districts, so that the district numbers identified in statute no longer correspond to districts representing the Fort Ord area. This bill allows the congressmember, state senator, and state assemblymember whose districts include the majority of Fort Ord to appoint representatives to FORA's board.
- Fire Protection District Resolution of Application. Current law allows a city council or county board of supervisors to propose forming a new fire protection district by adopting a "resolution of application" that meets specified requirements. A related statute requiring a local agency formation commission to act on proposals to form new fire protection districts erroneously refers to a "resolution or application." To clarify that statute's meaning, this bill replaces the word "or" with the word "of" so that the statute refers to a "resolution of application."
- Sewer Agency Ordinances and Resolutions. Many state laws provide that local agencies may take specified actions only by adopting an ordinance, only by adopting a resolution, or by either adopting an ordinance or a resolution. Irvine Ranch Water District staff notes that several statutes governing local governments that operate sanitary sewers and sewerage systems contain inconsistent language specifying whether an agency must adopt an ordinance, a resolution, or either one to fix and collect fees or charges and take other actions related to its operation of a sanitary sewer or sewerage system. This bill amends existing statutes to consistently authorize a local agency to adopt either an ordinance or a resolution.
- Best Value Definition. Last year, the Legislature passed SB 762 (Wolk), Chapter 627, Statutes of 2015, which allows seven specified counties to award construction contracts through a "best value" procurement process and modifies the definitions of "best value" in statutes allowing the state and local government officials to use the design-build contracting method for some public works. The Legislature also passed SB 374 (Hueso), Chapter 715, Statutes of 2015, which authorized the San Diego Association of Government to use design-build for transit capital projects and development projects adjacent or related to transit facilities. Both SB 762 and SB 374 made different amendments to Public Contract Code Section (PCC) 22161. Senator Wolk's staff notes that because SB 374 was signed into law after SB 762, its language erased – or "chaptered out" – the changes that SB 762 made to the definition of "best value" in PCC 22161. This bill restores the changes to the definition of best value that were chaptered out by SB 374.
- Vehicle License Fee Calculation. In lieu of a property tax on motor vehicles, the state collects an annual Vehicle License Fee (VLF) and allocates the revenues, minus administrative costs, to cities and counties. As a part of the complex statutory requirements for allocating VLF revenues, state law requires the State Controller to use a specified formula to determine the population of certain recently incorporated cities. The State Controller's staff notes that statutes requiring this calculation contain erroneous cross-references to the definition of a city's "actual population." To clarify this law's meaning, this bill corrects cross-references to the definition of a city's "actual population."
- County Clerk References. In 2002, state law was amended to shift the responsibility for entering some superior court judgements from county clerks to the Clerk of the Court. The California Association of Clerks and Elections Officials notes that two statutes relating to superior court judgements contain outdated references to a county clerk. This bill replaces the term "county clerk" with the term "Clerk of the Court" in those two statutes.
- Highway User Tax Account Allocations. The State allocates funds from the Highway Users Tax Account (HUTA), to cities and counties for local street and road maintenance. The apportionment amount for revenues from the Use Fuel Tax Law is calculated and distributed based on specific formulas and rates established in Revenue & Taxation Code Section (RTC) 8651, 8651.5, and 8651.6. The State Controller's staff notes that Streets and Highways Code Section (SHC) 2105 only references RTC 8651 for the calculation, omitting references to 8651.5 and 8651.6. To ensure that the apportionments to cities and counties required by SHC 2105 are calculated properly, this bill adds the omitted cross-references.
- Property and Business Improvement District Law of 1994. The Property and Business Improvement District Law of 1994 allows property owners to petition a city or county to set up an improvement district (PBID) and levy assessments on property owners, business owners, or both, to pay for promotional activities as well as for physical improvements (AB 3754 (Caldera), Chapter 897, Statutes of 1994). Practitioners who work with PBIDs have identified errors and ambiguities in the 1994 Act. They want the Legislature to make the following corrections and clarifications:
- Specific Benefit. Pursuant to the California Constitution, PBIDs' assessments on businesses must be imposed for the purpose of conferring a specific benefit on the businesses that are assessed. To conform the 1994 Act's language to this Constitutional requirement, this bill adds language to two statutes to specify that PBIDs' assessments must be used to confer a specific benefit or benefits on assessed businesses.
- Consistent Terminology. In general, the 1994 Act uses the term "district" to describe the territory within a PBID's boundaries. However, two statutes use the term "area" to describe territory within a PBID's boundaries. To make the Act's language more consistent, this bill replaces the term "area" with the term "district" in those two statutes.
- Funding for Extraterritorial Improvements and Activities. The 1994 Act prohibits a PBID from using assessment revenues to provide improvements, maintenance, and activities outside the district. However, marketing and promotional activities are among the services that a PBID can fund. Some practitioners argue that it is ineffective to limit those activities only to the area within the boundaries of the PBID itself. This bill allows a PBID to provide improvements and activities which must be provided outside the district boundaries to create a special or specific benefit to assessed parcels or businesses and specifies that the allowable activities are limited to marketing or signage pointing to the district.
- Kern County Water Agency. The Kern County Water Agency (KCWA) is governed by a seven-member elected board of directors and is responsible for delivering water from the state water project to local water agencies with which it contracts. State law requires KCWA, in addition to all other requirements in state law, to additionally obtain the Kern County Board of Supervisor's approval before it can levy a tax, create a benefit zone, or adopt a budget. KCWA officials note that in light of the many voter-approval and public hearing requirements in state law that apply to local agencies' taxes and budgets, the requirement for KCWA to seek the board of supervisors' approval is duplicative and unnecessary. State law does not require most other special districts to obtain a board of supervisors' approval before levying taxes or adopting a budget. This bill deletes the requirement that KCWA must get the board of supervisors' approval before levying taxes, creating benefit zones, or adopting a budget. This bill also deletes a section of law authorizing Kern County employees to perform duties and provide services for the KCWA, subject to specified conditions.
- Author's Statement. According to the author, "SB 974 compiles, into a single bill, noncontroversial statutory changes to…state laws that affect local agencies and land use. Moving a bill through the legislative process costs around $18,000. By avoiding (numerous) other bills, the Committee's measure avoids more than $250,000 in legislative costs. Although the practice may violate a strict interpretation of the single-subject and germaneness rules, the Committee insists on a very public review of each item. More than 100 public officials, trade groups, lobbyists, and legislative staffers see each proposal before it goes into the Committee's bill. Should any item in SB 974 attract opposition, the Committee will delete it. In this transparent process, there is no hidden agenda. If it's not consensus, it's not omnibus."
- State Mandate. This bill is keyed a state mandate, which means the state could be required to reimburse local agencies and school districts for implementing the bill's provisions if the Commission on State Mandates determines that the bill contains costs mandated by the state.
- Arguments in Support. Supporters note that this bill assists them with their mission and duties by making several non-controversial changes to the statutes governing local governments.
- Arguments in Opposition. None on file.
Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0003614
Date of Hearing: June 29, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SBPCA Bill Id:SB 974
Author:(Committee on Governance and Finance) – As Amended Ver:June 2, 2016
Policy Committee: | Local Government | Vote: | 9 - 0 |
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill enacts the Local Government Omnibus Bill of 2016, which proposes twenty-one
non-controversial changes to existing laws governing the powers and duties of local agencies.
FISCAL EFFECT:
- Provisions authorizing state and local entities to request and receive copies of military service records would require county recorders to make those copies available to government officials that provide veterans’ benefit services. This change in law technically constitutes a reimbursable state mandate on county recorders. Staff notes, however, that recorders are currently authorized to make those records available to county offices that provide veterans benefits at no cost. The expanded information sharing in this bill is not expected to place significant burdens on county recorders, and it is highly unlikely that reimbursement claims would be filed as a result of this change.
- The remaining provisions of this bill are expected to have negligible fiscal impact.
COMMENTS:
- Purpose. Each year local officials discover problems with the state statutes that affect counties, cities, and special districts, as well as the laws on land use planning and development. These minor problems do not warrant separate (and expensive) bills. According to the Legislative Analyst, in 2001-02 the cost of producing a bill was around $18,000. The Senate Governance & Finance Committee responds by combining several of these minor topics into an annual omnibus bill.
- Background. This bill combines non-controversial changes to state law that affect local agencies and land use. All of the items have been vetted by interested parties and legislative staff prior to inclusion in this omnibus measure, and if opposition arises to any provision at any time, it will be removed. This can be an efficient approach to enacting numerous minor, technical, and consensus statutory changes in a single policy area.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: June 15, 2016
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Susan Talamantes Eggman, Chair
SBPCA Bill Id:SB 974
Author:(Committee on Governance and Finance) – As Amended Ver:June 2, 2016
SENATE VOTE: 39-0
SUBJECT: Local government: omnibus.
SUMMARY: Enacts the Local Government Omnibus Bill of 2016, which proposes a number
of non-controversial changes to existing laws governing the powers and duties of local agencies.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
- Bill Summary. This bill enacts the Local Government Omnibus Act of 2015, which includes the following provisions:
- County Recorders. County recorders accept and officially record legal documents, notices, or papers, including survey maps. State law requires that a record of survey filed with a county recorder must be securely fastened into a suitable book provided for that purpose. The County Recorders Association of California notes that this requirement does not conform to modern best practices for storing recorded final and parcel maps. This bill allows a county recorder, as an alternative to fastening maps in a book, to store recorded survey maps in any manner that assures the maps will be kept together. In the same statute, the bill also replaces outdated references to "he" and "him" with gender-neutral terms.
- Veterans’ Records. State law requires that certified copies of specified recorded documents related to an individual’s military service may be made available only to four types of requesters, including a county office that provides veterans’ benefit services. The County Recorders Association of California notes that this requirement prohibits county recorders from providing certified copies of military service records to city or state offices that provide veterans’ benefit services. This bill allows any state, county, or city office that provides veterans’ benefit services to request and receive certified copies of military service records.
- Notaries and Certified Mail. State law requires that specified communications between a notary public and the Secretary of State’s Office be made using certified mail. The California Association of Clerks and Elections Officials notes that a narrow reading of the certified mail requirement could prohibit a notary public from communicating with the Secretary of State’s Office using other similar means of delivery that provide a receipt, like overnight or express delivery services. This bill allows specified communications between a notary public and the Secretary of State’s Office to use, in addition to certified mail, any other means of physical delivery that provides a receipt.
- Board of Equalization – Floating Homes. State law defines a "floating home" as a floating structure that is designed and built to be used, or is modified to be used, as a stationary waterborne residential dwelling; has no mode of power of its own; is dependent for utilities upon a continuous utility linkage to a source originating on shore; and, has a permanent continuous hookup to a shore side sewage system. A floating home is not categorized as a vessel, but is assessed for property tax purposes in the same manner as real property. State law prescribes the powers and duties of the State Board of Equalization (BOE), including the adoption of rules, regulations, and instructions relating to mobile homes which are subject to property taxation. The California Assessor’s Association notes that the statutes prescribing the BOE’s powers and duties lack any explicit reference to floating homes. This bill allows the BOE to exercise powers relating to rules, regulations, and instructions for floating homes that are the same as the powers that state law allows the BOE to exercise for mobile homes.
- Notaries’ Oaths. State law specifies the manner in which a notary public must file an oath of office with a county clerk. The California Association of Clerks and Elections Officials notes that state law does not require a county clerk to confirm the identity of an individual taking the oath as a notary public. This bill requires a person taking the notary public oath of office before a county clerk to provide an identification document that meets specified statutory requirements. This bill also allows the oath of office to be filed with the county clerk by any means of physical delivery that provides a receipt, in addition to certified mail.
- Cities’ Financial Transaction Reports. State law requires cities to furnish the State Controller with annual reports of their financial transactions and requires city clerks to either publish or publicly post the contents of the annual reports that cities submit to the Controller. Last year, the Legislature extended, until seven months after the end of a local agency’s fiscal year, the deadline for submitting an annual financial transactions report to the Controller [AB 341 (Achadjian), Chapter 37, Statutes of 2015]. The League of California Cities notes that the statutory deadline by which city clerks must publish or post the annual reports was not extended, and now falls well before the deadline for submitting the reports to the Controller. This bill conforms the deadline before which city clerks must publish or post annual financial transactions reports to the timelines established by last year’s Achadjian bill.
- Local Artificial Turf Regulations. State law prohibits local governments from adopting ordinances or regulations that prohibit the installation of drought tolerant landscaping, synthetic grass, or artificial turf on residential property. However, local governments may impose reasonable restrictions on the type of drought tolerant landscaping, synthetic grass, or artificial turf that may be installed on residential property provided that those restrictions do not substantially increase the cost of installing drought tolerant landscaping, synthetic grass, or artificial turf; effectively prohibit the installation of drought tolerant landscaping, synthetic grass, or artificial turf; or, significantly impede the installation of drought tolerant landscaping, including, but not limited to, a requirement that a residential yard must be completely covered with living plant material.
Some City of Sacramento officials are concerned that, in at least some situations, state law may not allow local governments to impose restrictions on the installation of synthetic grass or artificial turf to prevent damage to trees that are protected by local ordinances. This bill allows a city, including a charter city, county, or city and county, to impose reasonable restrictions on the installation of synthetic grass or artificial turf within the dripline of a tree protected by local ordinance.
- Local Agency Investment Requirements. Since 1913, state law has authorized local officials to invest a portion of their temporarily idle funds in a variety of financial instruments. State law allows local officials to invest in some financial instruments only if the instrument receives a specified rating from a nationally recognized statistical rating organization (NRSRO), like Fitch, Moody’s, or Standard & Poor’s. NRSROs assign specific investment vehicles into ratings categories (usually designated with a letter-grade, like “A” or “B”) and further differentiate investment vehicles’ relative standing within those general ratings categories by attaching various modifiers (like “A+”, “A-“) that indicate whether a particular investment vehicle falls within the high, middle, or low range of a ratings category.
The State Treasurer’s Office notes that some public officials and investment industry professionals disagree about how to interpret some state laws that require an investment vehicle to have a specified rating. For example, it is ambiguous whether a statute that requires an investment instrument to have an “A” rating or higher allows investments in any instrument within the “A” category or allows investments only in instruments within the middle or upper range of the “A” category. This bill clarifies some statutory ratings requirements by specifying that some ratings requirements refer to a ratings category and specifying that the rating specified in statute also applies to “equivalent” ratings (i.e., a requirement that an investment instrument must have an “A1” rating also allows for investment in an instrument with a “AAA” rating).
- Hearing Notice Cross-Reference. State law specifies the manner in which local governments must provide notice of public hearings relating to planning and land use. One statute requires that notice of a hearing must be mailed or delivered to a local agency that is expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to a project; and, all owners of real property located within 300 feet of real property that is the subject of a hearing.
A senior deputy in the Monterey County Counsel’s office notes that amendments made by AB 2867 (Torrico), Chapter 363, Statutes of 2006, renumbered the statute’s provisions but failed to change a cross-reference. As a result, some notice requirements that used to be related to the mailing or delivery of notice to property owners now appear to be related to the mailing or delivery of notice to public agencies. This bill changes the cross-reference to refer to the same section of statute that it referred to before 2006.
- General Plan Safety Element Updates. Current law requires counties and cities, upon each revision of their general plans’ housing elements, to review and, if necessary, revise their general plans’ safety elements to identify new flood and fire hazard information that wasn’t available at the time the safety element was previously revised to address flood and fire hazards. Last year, the Legislature passed SB 379 (Jackson), Chapter 608, Statutes of 2015, which requires cities and counties to review and update their general plans’ safety elements to address climate adaptation and resiliency. SB 379 added a cross-reference to existing law to require that a general plan’s safety element must be reviewed and updated to add new information about risks posed by climate change upon each revision of the general plan’s housing element, as is already required for flood and fire risks.
Senator Jackson’s staff notes that, unlike earlier bills requiring safety plan updates for flood and fire risks, SB 379 requires the safety element to be updated to address climate change risks upon the next update of a local hazard mitigation plan, and not the housing element. The League of California Cities wants to further clarify that a housing element update does not trigger a requirement to update the safety element with climate change and resiliency information. This bill deletes the erroneous cross-reference enacted by last year’s SB 379 and clarifies that additional information relating only to flood and fire hazards must be identified in a revised general plan safety element after each revision of a general plan housing element.
- Fort Ord Reuse Authority’s Board. After federal officials closed the Fort Ord military base in Monterey County, the Legislature passed the Fort Ord Reuse Authority Act, which created the Fort Ord Reuse Authority (FORA) to coordinate the former base’s transition. State law allows FORA’s board to include, as ex officio nonvoting members: a representative designated by the Member of Congress from the 17th Congressional District; a representative designated by the Senator from the 15th Senate District; and, a representative designated by the Assembly Member from the 27th Assembly District.
Senator Monning’s staff notes that redistricting has changed the numbers that are assigned to congressional, state senate, and state assembly districts, so that the district numbers identified in statute no longer correspond to districts representing the Fort Ord area. This bill allows the congressmember, state senator, and state assemblymember whose districts include the majority of Fort Ord to appoint representatives to FORA’s board.
- Fire Protection District Resolution of Application. Current law allows a city council or county board of supervisors to propose forming a new fire protection district by adopting a “resolution of application” that meets specified requirements. A related statute requiring a local agency formation commission to act on proposals to form new fire protection districts erroneously refers to a “resolution or application." To clarify that statute’s meaning, this bill replaces the word “or” with the word “of” so that the statute refers to a “resolution of application.”
- Sewer Agency Ordinances and Resolutions. Many state laws provide that local agencies may take specified actions only by adopting an ordinance, only by adopting a resolution, or by either adopting an ordinance or a resolution. Irvine Ranch Water District staff notes that several statutes governing local governments that operate sanitary sewers and sewerage systems contain inconsistent language specifying whether an agency must adopt an ordinance, a resolution, or either one to fix and collect fees or charges and take other actions related to its operation of a sanitary sewer or sewerage system. This bill amends existing statutes to consistently authorize a local agency to adopt either an ordinance or a resolution.
- Best Value Definition. Last year, the Legislature passed SB 762 (Wolk), Chapter 627, Statutes of 2015, which allows seven specified counties to award construction contracts through a “best value” procurement process and modifies the definitions of “best value” in statutes allowing the state and local government officials to use the design-build contracting method for some public works. The Legislature also passed SB 374 (Hueso), Chapter 715, Statutes of 2015, which authorized the San Diego Association of Government to use design-build for transit capital projects and development projects adjacent or related to transit facilities. Both SB 762 and SB 374 made different amendments to Public Contract Code §22161. Senator Wolk’s staff notes that because SB 374 was signed into law after SB 762, its language erased – or “chaptered out” – the changes that SB 762 made to the definition of “best value” in Public Contract Code §22161. This bill restores the changes to the definition of best value that were chaptered out by SB 374.
- Vehicle License Fee Calculation. In lieu of a property tax on motor vehicles, the state collects an annual Vehicle License Fee (VLF) and allocates the revenues, minus administrative costs, to cities and counties. As a part of the complex statutory requirements for allocating VLF revenues, state law requires the State Controller to use a specified formula to determine the population of certain recently incorporated cities. The State Controller’s staff notes that statutes requiring this calculation contain erroneous cross-references to the definition of a city’s “actual population.” To clarify this law’s meaning, this bill corrects cross-references to the definition of a city’s “actual population.”
- County Clerk References. In 2002, state law was amended to shift the responsibility for entering some superior court judgements from county clerks to the Clerk of the Court. The California Association of Clerks and Elections Officials notes that two statutes relating to superior court judgements contain outdated references to a county clerk. This bill replaces the term “county clerk” with the term “Clerk of the Court” in those two statutes.
- Highway User Tax Account Allocations. The State allocates funds from the Highway Users Tax Account (HUTA), to cities and counties for local street and road maintenance. The apportionment amount for revenues from the Use Fuel Tax Law is calculated and distributed based on specific formulas and rates established in Revenue & Taxation Code § 8651, §8651.5, and §8651.6. The State Controller’s staff notes that Streets and Highways Code §2105 only references Revenue and Taxation Code §8651 for the calculation, omitting references to §8651.5 and §8651.6. To ensure that the apportionments to cities and counties required by Streets & Highways Code §2105 are calculated properly, this bill adds the omitted cross-references.
- Property and Business Improvement District Law of 1994. The Property and Business Improvement District Law of 1994 allows property owners to petition a city or county to set up an improvement district (PBID) and levy assessments on property owners, business owners, or both, to pay for promotional activities as well as for physical improvements (AB 3754, Caldera, 1994). Practitioners who work with PBIDs have identified errors and ambiguities in the 1994 Act. They want the Legislature to make the following corrections and clarifications:
- Specific Benefit. Pursuant to the California Constitution, PBIDs’ assessments on businesses must be imposed for the purpose of conferring a specific benefit on the businesses that are assessed. To conform the 1994 Act’s language to this Constitutional requirement, this bill adds language to two statutes to specify that PBIDs’ assessments must be used to confer a specific benefit or benefits on assessed businesses.
- Consistent Terminology. In general, the 1994 Act uses the term “district” to describe the territory within a PBID’s boundaries. However, two statutes use the term “area” to describe territory within a PBID’s boundaries. To make the Act’s language more consistent, this bill replaces the term “area” with the term “district” in those two statutes.
- Funding for Extraterritorial Improvements and Activities. The 1994 Act prohibits a PBID from using assessment revenues to provide improvements, maintenance, and activities outside the district. However, marketing and promotional activities are among the services that a PBID can fund. Some practitioners argue that it is ineffective to limit those activities only to the area within the boundaries of the PBID itself. This bill allows a PBID to provide improvements and activities which must be provided outside the district boundaries to create a special or specific benefit to assessed parcels or businesses and specifies that the allowable activities are limited to marketing or signage pointing to the district.
- Kern County Water Agency. The Kern County Water Agency (KCWA) is governed by a seven-member elected board of directors and is responsible for delivering water from the state water project to local water agencies with which it contracts. State law requires KCWA, in addition to all other requirements in state law, to additionally obtain the Kern County Board of Supervisor’s approval before it can levy a tax, create a benefit zone, or adopt a budget. KCWA officials note that in light of the many voter-approval and public hearing requirements in state law that apply to local agencies’ taxes and budgets, the requirement for KCWA to seek the board of supervisors’ approval is duplicative and unnecessary. State law does not require most other special districts to obtain a board of supervisors’ approval before levying taxes or adopting a budget. This bill deletes the requirement that KCWA must get the board of supervisors’ approval before levying taxes, creating benefit zones, or adopting a budget. This bill also deletes a section of law authorizing Kern County employees to perform duties and provide services for the KCWA, subject to specified conditions.
- Author's Statement. According to the author, "SB 974 compiles, into a single bill, noncontroversial statutory changes to…state laws that affect local agencies and land use. Moving a bill through the legislative process costs around $18,000. By avoiding (numerous) other bills, the Committee’s measure avoids more than $250,000 in legislative costs. Although the practice may violate a strict interpretation of the single-subject and germaneness rules, the Committee insists on a very public review of each item. More than 100 public officials, trade groups, lobbyists, and legislative staffers see each proposal before it goes into the Committee’s bill. Should any item in SB 974 attract opposition, the Committee will delete it. In this transparent process, there is no hidden agenda. If it’s not consensus, it’s not omnibus."
- State Mandate. This bill is keyed a state mandate, which means the state could be required to reimburse local agencies and school districts for implementing the bill's provisions if the Commission on State Mandates determines that the bill contains costs mandated by the state.
- Chaptering Conflicts. Because provisions of this bill conflict with provisions in AB 2651 (Gomez) and SB 1000 (Leyva), the author may wish to amend the bill to avoid any chaptering out issues that could occur because of the conflict.
- Arguments in Support. Supporters note that this bill assists them with their mission and duties by making several non-controversial changes to the statutes governing local governments.
- Arguments in Opposition. None on file.
REGISTERED SUPPORT / OPPOSITION:
Support
California Association of County Treasurers and Tax Collectors
Kern County Water Agency
Opposition
None on file
Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
CONSENT
Bill No: SB 974
:
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 4/6/16
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
DIGEST: This bill proposes several non-controversial changes to state laws governing local governments’ powers and duties.
ANALYSIS: Each year, local officials discover problems with the state statutes that affect counties, cities, special districts, and redevelopment agencies, as well as the laws on land use planning and development. These minor problems do not warrant separate (and expensive) bills. According to the Legislative Analyst, in 2001-02 the cost of producing a bill was $17,890.
Legislators respond by combining several of these minor topics into an annual “omnibus bill.” In 2015, for example, the local government omnibus bill was SB 184 (Senate Governance & Finance Committee, Chapter 269, Statutes of 2015), which contained noncontroversial statutory changes to 11 areas of local government law, avoiding more than $150,000 in legislative costs.
This bill proposes the following changes to the state laws affecting local agencies’ powers and duties:
- County recorders. County recorders accept and officially record legal documents, notices, or papers, including survey maps. State law requires that a record of survey filed with a county recorder must be securely fastened into a suitable book provided for that purpose. The County Recorders Association of California notes that this requirement does not conform to modern best practices for storing recorded final and parcel maps. This bill allows a county recorder, as an alternative to fastening maps in a book, to store recorded survey maps in any manner that assures the maps will be kept together. In the same statute, the bill also replaces outdated references to "he" and "him" with gender-neutral terms. [See SEC. 2 of this bill.]
- Veterans’ records. State law requires that certified copies of specified recorded documents related to an individual’s military service may be made available only to four types of requesters, including a county office that provides veterans’ benefit services. The County Recorders Association of California notes that this requirement prohibits county recorders from providing certified copies of military service records to city or state offices that provide veterans’ benefit services. This bill allows any state, county, or city office that provides veterans’ benefit services to request and receive certified copies of military service records. [See SEC. 3 of this bill.]
- Notaries and certified mail. State law requires that specified communications between a notary public and the Secretary of State’s Office be made using certified mail. The California Association of Clerks and Elections Officials notes that a narrow reading of the certified mail requirement could prohibit a notary public from communicating with the Secretary of State’s Office using other similar means of delivery that provide a receipt, like overnight or express delivery services. This bill allows specified communications between a notary public and the Secretary of State’s Office to use, in addition to certified mail, any other means of physical delivery that provides a receipt. [See SEC. 4, SEC. 5, SEC. 7, and SEC. 8 of this bill.]
- Notaries’ oaths. State law specifies the manner in which a notary public must file an oath of office with a county clerk. The California Association of Clerks and Elections Officials notes that state law does not require a county clerk to confirm the identity of an individual taking the oath as a notary public. This bill requires a person taking the notary public oath of office before a county clerk to provide an identification document that meets specified statutory requirements. This bill also allows the oath of office to be filed with the county clerk by any means of physical delivery that provides a receipt, in addition to certified mail. [See SEC. 6 of this bill.]
- Cities’ financial transaction reports. State law requires cities to furnish the State Controller with annual reports of their financial transactions and requires city clerks to either publish or publicly post the contents of the annual reports that cities submit to the Controller. Last year, the Legislature extended, until seven months after the end of a local agency’s fiscal year, the deadline for submitting an annual financial transactions report to the Controller (AB 341, Achadjian, Chapter 37, Statutes of 2015). The League of California Cities notes that the statutory deadline by which city clerks must publish or post the annual reports was not extended and now falls well before the deadline for submitting the reports to the Controller. This bill conforms the deadline before which city clerks must publish or post annual financial transactions reports to the timelines established by last year’s Achadjian bill. [See SEC. 9 of this bill.]
- Local agency investment requirements. Since 1913, state law has authorized local officials to invest a portion of their temporarily idle funds in a variety of financial instruments. State law allows local officials to invest in some financial instruments only if the instrument receives a specified rating from a nationally recognized statistical rating organization (NRSRO), like Fitch, Moody’s, or Standard & Poor’s. NRSROs assign specific investment vehicles into ratings categories (usually designated with a letter-grade, like “A” or “B”) and further differentiate investment vehicles’ relative standing within those general ratings categories by attaching various modifiers (like “A+”, “A-“) that indicate whether a particular investment vehicle falls within the high, middle, or low range of a ratings category. The State Treasurer’s Office notes that some public officials and investment industry professionals disagree about how to interpret some state laws that require an investment vehicle to have a specified rating. For example, it is ambiguous whether a statute that requires an investment instrument to have an “A” rating or higher allows investments in any instrument within the “A” category or allows investments only in instruments within the middle or upper range of the “A” category. This bill clarifies some statutory ratings requirements by specifying that some ratings requirements refer to a ratings category and specifying that the rating specified in statute also applies to “equivalent” ratings (i.e. a requirement that an investment instrument must have an “A1” rating also allows for investment in an instrument with a “AAA” rating). [See SEC. 10 of this bill.]
- Hearing notice cross-reference. State law specifies the manner in which local governments must provide notice of public hearings relating to planning and land use. One statute requires that notice of a hearing must be mailed or delivered to:
- A local agency that is expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to a project.
- All owners of real property located within 300 feet of real property that is the subject of a hearing.
A senior deputy in the Monterey County Counsel’s office notes that amendments made by AB 2867 (Torrico, Chapter 363, Statutes of 2006) renumbered the statute’s provisions but failed to change a cross-reference. As a result, some notice requirements that used to be related to the mailing or delivery of notice to property owners now appear to be related to the mailing or delivery of notice to public agencies. This bill changes the cross-reference to refer to the same section of statute that it referred to before 2006. [See SEC. 11 of this bill.]
- General plan safety element updates. Current law requires counties and cities, upon each revision of their general plans’ housing elements, to review and, if necessary, revise their general plans’ safety elements to identify new flood and fire hazard information that wasn’t available at the time the safety element was previously revised to address flood and fire hazards (Government Code §65302). Last year, the Legislature passed SB 379 (Jackson, Chapter 608, Statutes of 2015) which requires cities and counties to review and update their general plans’ safety elements to address climate adaptation and resiliency. SB 379 added a cross-reference to existing law to require that a general plan’s safety element must be reviewed and updated to add new information about risks posed by climate change upon each revision of the general plan’s housing element, as is already required for flood and fire risks. Senator Jackson’s staff notes that, unlike earlier bills requiring safety plan updates for flood and fire risks, SB 379 requires the safety element to be updated to address climate change risks upon the next update of a local hazard mitigation plan, and not the housing element. The League of California Cities wants to further clarify that a housing element update does not trigger a requirement to update the safety element with climate change and resiliency information. This bill deletes the erroneous cross-reference enacted by last year’s SB 379 and clarifies that additional information relating only to flood and fire hazards must be identified in a revised general plan safety element after each revision of a general plan housing element. [See SEC. 12 of this bill.]
- Fort Ord Reuse Authority’s board. After federal officials closed the Fort Ord military base in Monterey County, the Legislature passed the Fort Ord Reuse Authority Act, which created the Fort Ord Reuse Authority (FORA) to coordinate the former base’s transition (SB 899, Mello, 1994). State law allows FORA’s board to include, as ex officio nonvoting members:
- A representative designated by the Member of Congress from the 17th Congressional District.
- A representative designated by the Senator from the 15th Senate District.
- A representative designated by the Assembly Member from the 27th Assembly District.
- Senator Monning’s staff notes that redistricting has changed the numbers that are assigned to congressional, state senate, and state assembly districts, so that the district numbers identified in statute no longer correspond to districts representing the Fort Ord area. This bill allows the congressmember, state senator, and state assemblymember whose districts include the majority of Fort Ord to appoint representatives to FORA’s board. [See SEC. 13 of this bill.]
- Fire protection district resolution of application. Current law allows a city council or county board of supervisors to propose forming a new fire protection district by adopting a “resolution of application” that meets specified requirements (Health and Safety Code §13821). A related statute requiring a local agency formation commission to act on proposals to form new fire protection districts erroneously refers to a “resolution or application” (Health and Safety Code §13822). To clarify that statute’s meaning, this bill replaces the word “or” with the word “of” so that the statute refers to a “resolution of application.” [See SEC. 14 of this bill.]
- Sewer agency ordinances and resolutions. Many state laws provide that local agencies may take specified actions only by adopting an ordinance, only by adopting a resolution, or by either adopting an ordinance or a resolution. Irvine Ranch Water District staff notes that several statutes governing local governments that operate sanitary sewers and sewerage systems contain inconsistent language specifying whether an agency must adopt an ordinance, a resolution, or either one to fix and collect fees or charges and take other actions related to its operation of a sanitary sewer or sewerage system. This bill amends existing statutes to consistently authorize a local agency to adopt either an ordinance or a resolution. [See SEC. 15, SEC. 16, SEC. 17, and SEC. 18 of this bill.]
- Best value definition. Last year, the Legislature passed SB 762 (Wolk, Chapter 627, Statutes of 2015), which allows seven specified counties to award construction contracts through a “best value” procurement process and modifies the definitions of “best value” in statutes allowing the state and local government officials to use the design-build contracting method for some public works. The Legislature also passed SB 374 (Hueso, Chapter 715, Statutes of 2015), which authorized the San Diego Association of Government to use design-build for transit capital projects and development projects adjacent or related to transit facilities. Both SB 762 and SB 374 made different amendments to Public Contract Code §22161. Senator Wolk’s staff notes that because SB 374 was signed into law after SB 762, its language erased – or “chaptered out” – the changes that SB 762 made to the definition of “best value” in Public Contract Code §22161. This bill restores the changes to the definition of best value that were chaptered out by SB 374. [See SEC. 19 of this bill.]
- Vehicle license fee calculation. In lieu of a property tax on motor vehicles, the state collects an annual Vehicle License Fee (VLF) and allocates the revenues, minus administrative costs, to cities and counties. As a part of the complex statutory requirements for allocating VLF revenues, state law requires the State Controller to use a specified formula to determine the population of certain recently incorporated cities (Revenue and Taxation Code §11005.3). The State Controller’s staff notes that statutes requiring this calculation contain erroneous cross-references to the definition of a city’s “actual population.” To clarify this law’s meaning, this bill corrects cross-references to the definition of a city’s “actual population.” [See SEC. 20. and SEC. 21 of this bill.]
- County clerk references. In 2002, state law was amended to shift the responsibility for entering some superior court judgements from county clerks to the Clerk of the Court (SB 1316, Senate Committee on Judiciary, Chapter 784, Statutes of 2002). The California Association of Clerks and Elections Officials notes that two statutes relating to superior court judgements contain outdated references to a county clerk. This bill replaces the term “county clerk” with the term “Clerk of the Court” in those two statutes. [See SEC. 22 and SEC. 23 of this bill.]
- Highway user tax account allocations. The State allocates funds from the Highway Users Tax Account (HUTA), to cities and counties for local street and road maintenance. The apportionment amount for revenues from the Use Fuel Tax Law is calculated and distributed based on specific formulas and rates established in Revenue & Taxation Code § 8651, §8651.5, and §8651.6. The State Controller’s staff notes that Streets and Highways Code 2105 only references Revenue and Taxation Code §8651 for the calculation, omitting references to §8651.5 and §8651.6. To ensure that the apportionments to cities and counties required by Streets & Highways Code §2105 are calculated properly, this bill adds the omitted cross-references. [See SEC. 24 of this bill.]
- Kern County Water Agency. The Kern County Water Agency (KCWA) is governed by a seven member elected board of directors and is responsible for delivering water from the state water project to local water agencies with which it contracts. State law requires KCWA, in addition to all other requirements in state law, to additionally obtain the Kern County Board of Supervisor’s approval before it can levy a tax, create a benefit zone, or adopt a budget. KCWA officials note that in light of the many voter-approval and public hearing requirements in state law that apply to local agencies’ taxes and budgets, the requirement for KCWA to seek the board of supervisors’ approval is duplicative and unnecessary. State law does not require most other special districts to obtain a board of supervisors’ approval before levying taxes or adopting a budget. This bill deletes the requirement that KCWA must get the board of supervisors’ approval before levying taxes, creating benefit zones, or adopting a budget. This bill also deletes a section of law authorizing Kern County employees to perform duties and provide services for the KCWA subject to specified conditions. [See SEC. 25, SEC. 26 and SEC. 27 of this bill.]
Comments
SB 974 compiles, into a single bill, noncontroversial statutory changes to 16 parts of state laws that affect local agencies and land use. Moving a bill through the legislative process costs around $18,000. By avoiding 15 other bills, the Committee’s measure avoids more than $250,000 in legislative costs. Although the practice may violate a strict interpretation of the single-subject and germaneness rules, the Committee insists on a very public review of each item. More than 100 public officials, trade groups, lobbyists, and legislative staffers see each proposal before it goes into the Committee’s bill. Should any item in SB 974 attract opposition, the Committee will delete it. In this transparent process, there is no hidden agenda. If it’s not consensus, it’s not omnibus.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California State Association of Counties
Irvine Ranch Water District
Kern County Water Agency
OPPOSITION: (Verified 4/18/16)
None received
4/20/16 15:39:00
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
CONSENT
Bill No: SB 974
:
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 4/6/16
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
DIGEST: This bill proposes several non-controversial changes to state laws governing local governments’ powers and duties.
ANALYSIS: Each year, local officials discover problems with the state statutes that affect counties, cities, special districts, and redevelopment agencies, as well as the laws on land use planning and development. These minor problems do not warrant separate (and expensive) bills. According to the Legislative Analyst, in 2001-02 the cost of producing a bill was $17,890.
Legislators respond by combining several of these minor topics into an annual “omnibus bill.” In 2015, for example, the local government omnibus bill was SB 184 (Senate Governance & Finance Committee, Chapter 269, Statutes of 2015), which contained noncontroversial statutory changes to 11 areas of local government law, avoiding more than $150,000 in legislative costs.
This bill proposes the following changes to the state laws affecting local agencies’ powers and duties:
- County recorders. County recorders accept and officially record legal documents, notices, or papers, including survey maps. State law requires that a record of survey filed with a county recorder must be securely fastened into a suitable book provided for that purpose. The County Recorders Association of California notes that this requirement does not conform to modern best practices for storing recorded final and parcel maps. This bill allows a county recorder, as an alternative to fastening maps in a book, to store recorded survey maps in any manner that assures the maps will be kept together. In the same statute, the bill also replaces outdated references to "he" and "him" with gender-neutral terms. [See SEC. 2 of this bill.]
- Veterans’ records. State law requires that certified copies of specified recorded documents related to an individual’s military service may be made available only to four types of requesters, including a county office that provides veterans’ benefit services. The County Recorders Association of California notes that this requirement prohibits county recorders from providing certified copies of military service records to city or state offices that provide veterans’ benefit services. This bill allows any state, county, or city office that provides veterans’ benefit services to request and receive certified copies of military service records. [See SEC. 3 of this bill.]
- Notaries and certified mail. State law requires that specified communications between a notary public and the Secretary of State’s Office be made using certified mail. The California Association of Clerks and Elections Officials notes that a narrow reading of the certified mail requirement could prohibit a notary public from communicating with the Secretary of State’s Office using other similar means of delivery that provide a receipt, like overnight or express delivery services. This bill allows specified communications between a notary public and the Secretary of State’s Office to use, in addition to certified mail, any other means of physical delivery that provides a receipt. [See SEC. 4, SEC. 5, SEC. 7, and SEC. 8 of this bill.]
- Notaries’ oaths. State law specifies the manner in which a notary public must file an oath of office with a county clerk. The California Association of Clerks and Elections Officials notes that state law does not require a county clerk to confirm the identity of an individual taking the oath as a notary public. This bill requires a person taking the notary public oath of office before a county clerk to provide an identification document that meets specified statutory requirements. This bill also allows the oath of office to be filed with the county clerk by any means of physical delivery that provides a receipt, in addition to certified mail. [See SEC. 6 of this bill.]
- Cities’ financial transaction reports. State law requires cities to furnish the State Controller with annual reports of their financial transactions and requires city clerks to either publish or publicly post the contents of the annual reports that cities submit to the Controller. Last year, the Legislature extended, until seven months after the end of a local agency’s fiscal year, the deadline for submitting an annual financial transactions report to the Controller (AB 341, Achadjian, Chapter 37, Statutes of 2015). The League of California Cities notes that the statutory deadline by which city clerks must publish or post the annual reports was not extended and now falls well before the deadline for submitting the reports to the Controller. This bill conforms the deadline before which city clerks must publish or post annual financial transactions reports to the timelines established by last year’s Achadjian bill. [See SEC. 9 of this bill.]
- Local agency investment requirements. Since 1913, state law has authorized local officials to invest a portion of their temporarily idle funds in a variety of financial instruments. State law allows local officials to invest in some financial instruments only if the instrument receives a specified rating from a nationally recognized statistical rating organization (NRSRO), like Fitch, Moody’s, or Standard & Poor’s. NRSROs assign specific investment vehicles into ratings categories (usually designated with a letter-grade, like “A” or “B”) and further differentiate investment vehicles’ relative standing within those general ratings categories by attaching various modifiers (like “A+”, “A-“) that indicate whether a particular investment vehicle falls within the high, middle, or low range of a ratings category. The State Treasurer’s Office notes that some public officials and investment industry professionals disagree about how to interpret some state laws that require an investment vehicle to have a specified rating. For example, it is ambiguous whether a statute that requires an investment instrument to have an “A” rating or higher allows investments in any instrument within the “A” category or allows investments only in instruments within the middle or upper range of the “A” category. This bill clarifies some statutory ratings requirements by specifying that some ratings requirements refer to a ratings category and specifying that the rating specified in statute also applies to “equivalent” ratings (i.e. a requirement that an investment instrument must have an “A1” rating also allows for investment in an instrument with a “AAA” rating). [See SEC. 10 of this bill.]
- Hearing notice cross-reference. State law specifies the manner in which local governments must provide notice of public hearings relating to planning and land use. One statute requires that notice of a hearing must be mailed or delivered to:
- A local agency that is expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to a project.
- All owners of real property located within 300 feet of real property that is the subject of a hearing.
A senior deputy in the Monterey County Counsel’s office notes that amendments made by AB 2867 (Torrico, Chapter 363, Statutes of 2006) renumbered the statute’s provisions but failed to change a cross-reference. As a result, some notice requirements that used to be related to the mailing or delivery of notice to property owners now appear to be related to the mailing or delivery of notice to public agencies. This bill changes the cross-reference to refer to the same section of statute that it referred to before 2006. [See SEC. 11 of this bill.]
- General plan safety element updates. Current law requires counties and cities, upon each revision of their general plans’ housing elements, to review and, if necessary, revise their general plans’ safety elements to identify new flood and fire hazard information that wasn’t available at the time the safety element was previously revised to address flood and fire hazards (Government Code §65302). Last year, the Legislature passed SB 379 (Jackson, Chapter 608, Statutes of 2015) which requires cities and counties to review and update their general plans’ safety elements to address climate adaptation and resiliency. SB 379 added a cross-reference to existing law to require that a general plan’s safety element must be reviewed and updated to add new information about risks posed by climate change upon each revision of the general plan’s housing element, as is already required for flood and fire risks. Senator Jackson’s staff notes that, unlike earlier bills requiring safety plan updates for flood and fire risks, SB 379 requires the safety element to be updated to address climate change risks upon the next update of a local hazard mitigation plan, and not the housing element. The League of California Cities wants to further clarify that a housing element update does not trigger a requirement to update the safety element with climate change and resiliency information. This bill deletes the erroneous cross-reference enacted by last year’s SB 379 and clarifies that additional information relating only to flood and fire hazards must be identified in a revised general plan safety element after each revision of a general plan housing element. [See SEC. 12 of this bill.]
- Fort Ord Reuse Authority’s board. After federal officials closed the Fort Ord military base in Monterey County, the Legislature passed the Fort Ord Reuse Authority Act, which created the Fort Ord Reuse Authority (FORA) to coordinate the former base’s transition (SB 899, Mello, 1994). State law allows FORA’s board to include, as ex officio nonvoting members:
- A representative designated by the Member of Congress from the 17th Congressional District.
- A representative designated by the Senator from the 15th Senate District.
- A representative designated by the Assembly Member from the 27th Assembly District.
Senator Monning’s staff notes that redistricting has changed the numbers that are assigned to congressional, state senate, and state assembly districts, so that the district numbers identified in statute no longer correspond to districts representing the Fort Ord area. This bill allows the congressmember, state senator, and state assemblymember whose districts include the majority of Fort Ord to appoint representatives to FORA’s board. [See SEC. 13 of this bill.]
- Fire protection district resolution of application. Current law allows a city council or county board of supervisors to propose forming a new fire protection district by adopting a “resolution of application” that meets specified requirements (Health and Safety Code §13821). A related statute requiring a local agency formation commission to act on proposals to form new fire protection districts erroneously refers to a “resolution or application” (Health and Safety Code §13822). To clarify that statute’s meaning, this bill replaces the word “or” with the word “of” so that the statute refers to a “resolution of application.” [See SEC. 14 of this bill.]
- Sewer agency ordinances and resolutions. Many state laws provide that local agencies may take specified actions only by adopting an ordinance, only by adopting a resolution, or by either adopting an ordinance or a resolution. Irvine Ranch Water District staff notes that several statutes governing local governments that operate sanitary sewers and sewerage systems contain inconsistent language specifying whether an agency must adopt an ordinance, a resolution, or either one to fix and collect fees or charges and take other actions related to its operation of a sanitary sewer or sewerage system. This bill amends existing statutes to consistently authorize a local agency to adopt either an ordinance or a resolution. [See SEC. 15, SEC. 16, SEC. 17, and SEC. 18 of this bill.]
- Best value definition. Last year, the Legislature passed SB 762 (Wolk, Chapter 627, Statutes of 2015), which allows seven specified counties to award construction contracts through a “best value” procurement process and modifies the definitions of “best value” in statutes allowing the state and local government officials to use the design-build contracting method for some public works. The Legislature also passed SB 374 (Hueso, Chapter 715, Statutes of 2015), which authorized the San Diego Association of Government to use design-build for transit capital projects and development projects adjacent or related to transit facilities. Both SB 762 and SB 374 made different amendments to Public Contract Code §22161. Senator Wolk’s staff notes that because SB 374 was signed into law after SB 762, its language erased – or “chaptered out” – the changes that SB 762 made to the definition of “best value” in Public Contract Code §22161. This bill restores the changes to the definition of best value that were chaptered out by SB 374. [See SEC. 19 of this bill.]
- Vehicle license fee calculation. In lieu of a property tax on motor vehicles, the state collects an annual Vehicle License Fee (VLF) and allocates the revenues, minus administrative costs, to cities and counties. As a part of the complex statutory requirements for allocating VLF revenues, state law requires the State Controller to use a specified formula to determine the population of certain recently incorporated cities (Revenue and Taxation Code §11005.3). The State Controller’s staff notes that statutes requiring this calculation contain erroneous cross-references to the definition of a city’s “actual population.” To clarify this law’s meaning, this bill corrects cross-references to the definition of a city’s “actual population.” [See SEC. 20. and SEC. 21 of this bill.]
- County clerk references. In 2002, state law was amended to shift the responsibility for entering some superior court judgements from county clerks to the Clerk of the Court (SB 1316, Senate Committee on Judiciary, Chapter 784, Statutes of 2002). The California Association of Clerks and Elections Officials notes that two statutes relating to superior court judgements contain outdated references to a county clerk. This bill replaces the term “county clerk” with the term “Clerk of the Court” in those two statutes. [See SEC. 22 and SEC. 23 of this bill.]
- Highway user tax account allocations. The State allocates funds from the Highway Users Tax Account (HUTA), to cities and counties for local street and road maintenance. The apportionment amount for revenues from the Use Fuel Tax Law is calculated and distributed based on specific formulas and rates established in Revenue & Taxation Code § 8651, §8651.5, and §8651.6. The State Controller’s staff notes that Streets and Highways Code 2105 only references Revenue and Taxation Code §8651 for the calculation, omitting references to §8651.5 and §8651.6. To ensure that the apportionments to cities and counties required by Streets & Highways Code §2105 are calculated properly, this bill adds the omitted cross-references. [See SEC. 24 of this bill.]
- Kern County Water Agency. The Kern County Water Agency (KCWA) is governed by a seven member elected board of directors and is responsible for delivering water from the state water project to local water agencies with which it contracts. State law requires KCWA, in addition to all other requirements in state law, to additionally obtain the Kern County Board of Supervisor’s approval before it can levy a tax, create a benefit zone, or adopt a budget. KCWA officials note that in light of the many voter-approval and public hearing requirements in state law that apply to local agencies’ taxes and budgets, the requirement for KCWA to seek the board of supervisors’ approval is duplicative and unnecessary. State law does not require most other special districts to obtain a board of supervisors’ approval before levying taxes or adopting a budget. This bill deletes the requirement that KCWA must get the board of supervisors’ approval before levying taxes, creating benefit zones, or adopting a budget. This bill also deletes a section of law authorizing Kern County employees to perform duties and provide services for the KCWA subject to specified conditions. [See SEC. 25, SEC. 26 and SEC. 27 of this bill.]
Comments
SB 974 compiles, into a single bill, noncontroversial statutory changes to 16 parts of state laws that affect local agencies and land use. Moving a bill through the legislative process costs around $18,000. By avoiding 15 other bills, the Committee’s measure avoids more than $250,000 in legislative costs. Although the practice may violate a strict interpretation of the single-subject and germaneness rules, the Committee insists on a very public review of each item. More than 100 public officials, trade groups, lobbyists, and legislative staffers see each proposal before it goes into the Committee’s bill. Should any item in SB 974 attract opposition, the Committee will delete it. In this transparent process, there is no hidden agenda. If it’s not consensus, it’s not omnibus.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California State Association of Counties
Irvine Ranch Water District
Kern County Water Agency
OPPOSITION: (Verified 4/18/16)
None received
4/20/16 17:08:45
**** END ****
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert M. Hertzberg, Chair
2015 - 2016 Regular
Bill No: | SB 974 | Hearing Date: | 4/6/16 |
Author: | Committee on Governance and Finance | Tax Levy: | No |
Version: | 3/29/16 | Fiscal: | No |
Consultant: | Weinberger | ||
Local government omnibus ACT OF 2016
Proposes several changes to state laws governing local governments’ powers and duties.
Background
Each year, local officials discover problems with the state statutes that affect counties, cities, special districts, and redevelopment agencies, as well as the laws on land use planning and development. These minor problems do not warrant separate (and expensive) bills. According to the Legislative Analyst, the cost of producing a bill in 2001-02 was $17,890.
Legislators respond by combining several of these minor topics into an annual “omnibus bill.” In 2015, for example, the local government omnibus bill was SB 184 (Senate Governance & Finance Committee) which contained noncontroversial statutory changes to 11 areas of local government law, avoiding more than $150,000 in legislative costs. Although this practice may violate a strict interpretation of the single-subject and germaneness rules as presented in Californians for an Open Primary v. McPherson (2006), it is an expeditious and relatively inexpensive way to respond to multiple requests.
Proposed Law
Senate Bill 974, the “Local Government Omnibus Act of 2016,” proposes the following changes to the state laws affecting local agencies’ powers and duties:
County recorders. County recorders accept and officially record legal documents, notices, or papers, including survey maps. State law requires that a record of survey filed with a county recorder must be securely fastened into a suitable book provided for that purpose. The County Recorders Association of California notes that this requirement does not conform to modern best practices for storing recorded final and parcel maps. Senate Bill 974 allows a county recorder, as an alternative to fastening maps in a book, to store recorded survey maps in any manner that assures the maps will be kept together. In the same statute, the bill also replaces outdated references to "he" and "him" with gender-neutral terms. [See SEC. 2 of the bill.]
Veterans’ records. State law requires that certified copies of specified recorded documents related to an individual’s military service may be made available only to four types of requesters, including a county office that provides veterans’ benefit services. The County Recorders Association of California notes that this requirement prohibits county recorders from providing certified copies of military service records to city or state offices that provide veterans’ benefit services. Senate Bill 974 allows any state, county, or city office that provides veterans’ benefit services to request and receive certified copies of military service records. [SEC. 3.]
Notaries and certified mail. State law requires that specified communications between a notary public and the Secretary of State’s Office be made using certified mail. The California Association of Clerks and Elections Officials notes that a narrow reading of the certified mail requirement could prohibit a notary public from communicating with the Secretary of State’s Office using other similar means of delivery that provide a receipt, like overnight or express delivery services. Senate Bill 974 allows specified communications between a notary public and the Secretary of State’s Office to use, in addition to certified mail, any other means of physical delivery that provides a receipt. [SEC. 4, SEC. 5, SEC. 7, and SEC. 8.]
Notaries’ oaths. State law specifies the manner in which a notary public must file an oath of office with a county clerk. The California Association of Clerks and Elections Officials notes that state law does not require a county clerk to confirm the identity of an individual taking the oath as a notary public. Senate Bill 974 requires a person taking the notary public oath of office before a county clerk to provide an identification document that meets specified statutory requirements. The bill also allows the oath of office to be filed with the county clerk by any means of physical delivery that provides a receipt, in addition to certified mail. [SEC. 6.]
Cities’ financial transaction reports. State law requires cities to furnish the State Controller with annual reports of their financial transactions and requires city clerks to either publish or publicly post the contents of the annual reports that cities submit to the Controller. Last year, the Legislature extended, until seven months after the end of a local agency’s fiscal year, the deadline for submitting an annual financial transactions report to the Controller (AB 341, Achadjian, 2015). The League of California Cities notes that the statutory deadline by which city clerks must publish or post the annual reports was not extended and now falls well before the deadline for submitting the reports to the Controller. Senate Bill 974 conforms the deadline before which city clerks must publish or post annual financial transactions reports to the timelines established by last year’s Achadjian bill. [SEC. 9.]
Local agency investment requirements. Since 1913, state law has authorized local officials to invest a portion of their temporarily idle funds in a variety of financial instruments. State law allows local officials to invest in some financial instruments only if the instrument receives a specified rating from a nationally recognized statistical rating organization (NRSRO), like Fitch, Moody’s, or Standard & Poor’s. NRSROs assign specific investment vehicles into ratings categories (usually designated with a letter-grade, like “A” or “B”) and further differentiate investment vehicles’ relative standing within those general ratings categories by attaching various modifiers (like “A+”, “A-“) that indicate whether a particular investment vehicle falls within the high, middle, or low range of a ratings category. The State Treasurer’s Office notes that some public officials and investment industry professionals disagree about how to interpret some state laws that require an investment vehicle to have a specified rating. For example, it is ambiguous whether a statute that requires an investment instrument to have an “A” rating or higher allows investments in any instrument within the “A” category or allows investments only in instruments within the middle or upper range of the “A” category. Senate Bill 974 clarifies some statutory ratings requirements by specifying that some ratings requirements refer to a ratings category and specifying that the rating specified in statute also applies to “equivalent” ratings (i.e. a requirement that an investment instrument must have an “A1” rating also allows for investment in an instrument with a “AAA” rating). [SEC. 10.]
Hearing notice cross-reference. State law specifies the manner in which local governments must provide notice of public hearings relating to planning and land use. One statute requires that notice of a hearing must be mailed or delivered to:
- A local agency that is expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to a project.
- All owners of real property located within 300 feet of real property that is the subject of a hearing.
A senior deputy in the Monterey County Counsel’s office notes that amendments made by AB 2867 (Torrico, 2006) renumbered the statute’s provisions but failed to change a cross-reference. As a result, some notice requirements that used to be related to the mailing or delivery of notice to property owners now appear to be related to the mailing or delivery of notice to public agencies. Senate Bill 974 changes the cross-reference to refer to the same section of statute that it referred to before 2006. [SEC. 11.]
General plan safety element updates. Current law requires counties and cities, upon each revision of their general plans’ housing elements, to review and, if necessary, revise their general plans’ safety elements to identify new flood and fire hazard information that wasn’t available at the time the safety element was previously revised to address flood and fire hazards (Government Code §65302). Last year, the Legislature passed SB 379 (Jackson, 2015) which requires cities and counties to review and update their general plans’ safety elements to address climate adaptation and resiliency. SB 379 added a cross-reference to existing law to require that a general plan’s safety element must be reviewed and updated to add new information about risks posed by climate change upon each revision of the general plan’s housing element, as is already required for flood and fire risks. Senator Jackson’s staff notes that, unlike earlier bills requiring safety plan updates for flood and fire risks, SB 379 requires the safety element to be updated to address climate change risks upon the next update of a local hazard mitigation plan, and not the housing element. The League of California Cities wants to further clarify that a housing element update does not trigger a requirement to update the safety element with climate change and resiliency information. Senate Bill 974 deletes the erroneous cross-reference enacted by last year’s SB 379 and clarifies that additional information relating only to flood and fire hazards must be identified in a revised general plan safety element after each revision of a general plan housing element. [SEC. 12.]
Fort Ord Reuse Authority’s board. After federal officials closed the Fort Ord military base in Monterey County, the Legislature passed the Fort Ord Reuse Authority Act, which created the Fort Ord Reuse Authority (FORA) to coordinate the former base’s transition (SB 899, Mello, 1994). State law allows FORA’s board to include, as ex officio nonvoting members:
- A representative designated by the Member of Congress from the 17th Congressional District.
- A representative designated by the Senator from the 15th Senate District.
- A representative designated by the Assembly Member from the 27th Assembly District.
Senator Monning’s staff notes that redistricting has changed the numbers that are assigned to congressional, state senate, and state assembly districts, so that the district numbers identified in statute no longer correspond to districts representing the Fort Ord area. Senate Bill 974 allows the congressmember, state senator, and state assemblymember whose districts include the majority of Fort Ord to appoint representatives to FORA’s board. [SEC. 13.]
Fire protection district resolution of application. Current law allows a city council or county board of supervisors to propose forming a new fire protection district by adopting a “resolution of application” that meets specified requirements (Health and Safety Code §13821). A related statute requiring a local agency formation commission to act on proposals to form new fire protection districts erroneously refers to a “resolution or application” (Health and Safety Code §13822). To clarify that statute’s meaning, Senate Bill 974 replaces the word “or” with the word “of” so that the statute refers to a “resolution of application.” [SEC. 14.]
Sewer agency ordinances and resolutions. Many state laws provide that local agencies may take specified actions only by adopting an ordinance, only by adopting a resolution, or by either adopting an ordinance or a resolution. Irvine Ranch Water District staff notes that several statutes governing local governments that operate sanitary sewers and sewerage systems contain inconsistent language specifying whether an agency must adopt an ordinance, a resolution, or either one to fix and collect fees or charges and take other actions related to its operation of a sanitary sewer or sewerage system. Senate Bill 974 amendments amend existing statutes to consistently authorize a local agency to adopt either an ordinance or a resolution. [In the amendments’ text, see proposed SEC. 15, SEC. 16, SEC. 17, and SEC. 18.]
Best value definition. Last year, the Legislature passed SB 762 (Wolk, 2015), which allows seven specified counties to award construction contracts through a “best value” procurement process and modifies the definitions of “best value” in statutes allowing the state and local government officials to use the design-build contracting method for some public works. The Legislature also passed SB 374 (Hueso, 2015), which authorized the San Diego Association of Government to use design-build for transit capital projects and development projects adjacent or related to transit facilities. Both SB 762 and SB 374 made different amendments to Public Contract Code §22161. Senator Wolk’s staff notes that because SB 374 was signed into law after SB 762, its language erased – or “chaptered out” – the changes that SB 762 made to the definition of “best value” in Public Contract Code §22161. Senate Bill 974 restores the changes to the definition of best value that were chaptered out by SB 374. [SEC. 19.]
Vehicle license fee calculation. In lieu of a property tax on motor vehicles, the state collects an annual Vehicle License Fee (VLF) and allocates the revenues, minus administrative costs, to cities and counties. As a part of the complex statutory requirements for allocating VLF revenues, state law requires the State Controller to use a specified formula to determine the population of certain recently incorporated cities (Revenue and Taxation Code §11005.3). The State Controller’s staff notes that statutes requiring this calculation contain erroneous cross-references to the definition of a city’s “actual population.” To clarify this law’s meaning, Senate Bill 974 corrects cross-references to the definition of a city’s “actual population.” [SEC. 20. and SEC. 21.]
County clerk references. In 2002, state law was amended to shift the responsibility for entering some superior court judgements from county clerks to the Clerk of the Court (SB 1316, Senate Committee on Judiciary, 2002). The California Association of Clerks and Elections Officials notes that two statutes relating to superior court judgements contain outdated references to a county clerk. Senate Bill 974 replace the term “county clerk” with the term “Clerk of the Court” in those two statutes. [SEC. 22 and SEC. 23.]
Highway user tax account allocations. The State allocates funds from the Highway Users Tax Account (HUTA), to cities and counties for local street and road maintenance. The apportionment amount for revenues from the Use Fuel Tax Law is calculated and distributed based on specific formulas and rates established in Revenue & Taxation Code § 8651, §8651.5, and §8651.6. The State Controller’s staff notes that Streets and Highways Code 2105 only references Revenue and Taxation Code §8651 for the calculation, omitting references to §8651.5 and §8651.6. To ensure that the apportionments to cities and counties required by Streets & Highways Code §2105 are calculated properly, Senate Bill 974 adds the omitted cross-references. [SEC. 24.]
Kern County Water Agency. The Kern County Water Agency (KCWA) is governed by a seven member elected board of directors and is responsible for delivering water from the state water project to local water agencies with which it contracts. State law requires KCWA, in addition to all other requirements in state law, to additionally obtain the Kern County Board of Supervisor’s approval before it can levy a tax, create a benefit zone, or adopt a budget. KCWA officials note that in light of the many voter-approval and public hearing requirements in state law that apply to local agencies’ taxes and budgets, the requirement for KCWA to seek the board of supervisors’ approval is duplicative and unnecessary. State law does not require most other special districts to obtain a board of supervisors’ approval before levying taxes or adopting a budget. Senate Bill 974 deletes the requirement that KCWA must get the board of supervisors’ approval before levying taxes, creating benefit zones, or adopting a budget. The bill also deletes a section of law authorizing Kern County employees to perform duties and provide services for the KCWA subject to specified conditions. [SEC. 25, SEC. 26 and SEC. 27.]
State Revenue Impact
No estimate.
Comments
Purpose of the bill. SB 974 compiles, into a single bill, noncontroversial statutory changes to 16 parts of state laws that affect local agencies and land use. Moving a bill through the legislative process costs around $18,000. By avoiding 15 other bills, the Committee’s measure avoids more than $250,000 in legislative costs. Although the practice may violate a strict interpretation of the single-subject and germaneness rules, the Committee insists on a very public review of each item. More than 100 public officials, trade groups, lobbyists, and legislative staffers see each proposal before it goes into the Committee’s bill. Should any item in SB 974 attract opposition, the Committee will delete it. In this transparent process, there is no hidden agenda. If it’s not consensus, it’s not omnibus.
Support and Opposition
(3/31/16)
Support: Irvine Ranch Water District.
Opposition: Unknown.
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