AB 211: Department of Motor Vehicles: Modernizing Government Technology Act of 2018.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-08-24
Existing law authorizes the Department of Motor Vehicles to establish contracts for electronic programs that allow qualified private industry partners to join the department in providing services that include processing and payment programs for vehicle registration and titling transactions, and services related to reporting vehicle sales and producing temporary license plates, as specified. Existing law generally requires state agencies, as defined, as required by the Director of Technology, to cooperate with the Department of Technology in the development of an annual information technology strategic plan that guides the acquisition, management, and use of information technology.
This bill would enact the Modernizing Government Technology Act of 2018, which would require the department to, on or before January 1, 2020, in consultation with the Department of Technology, establish modernization goals that will achieve specified objectives. The bill would require those goals to include, but not be limited to, goals for the modernization of the departments information technology system and for usage of technologies that will improve the efficiency of the department. The bill would require the department, upon establishing those goals, to create an implementation and cost assessment plan for achieving them, and, on or before January 1, 2020, post that plan on the departments Internet Web site and provide the plan to the Legislature.
Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the licensure and regulation of primary care clinics and specialty clinics. A violation of these provisions is a crime.Existing law, until the department adopts regulations relating to the provision of services by a chronic dialysis clinic, a surgical clinic, or a rehabilitation clinic, requires those clinics to comply with prescribed federal certification standards in effect immediately preceding January 1, 2013. These provisions become inoperative and would be repealed on January 1, 2018.This bill would instead make those provisions inoperative and repealed on January 1, 2019. By extending the duration of a crime, the bill would impose a state-mandated local program. The bill would also delete obsolete provisions and make conforming changes.Existing law requires the State Department of Public Health and the State Department of Developmental Services to jointly develop and implement licensing regulations appropriate for an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing. Existing law, until the departments adopt those regulations, requires that the facilities comply with applicable federal certification standards for intermediate care facilities for individuals with intellectual disabilities in effect immediately preceding January 1, 2013. These provisions would become inoperative and would be repealed on January 1, 2018.This bill would instead make those provisions inoperative and repealed on January 1, 2020. By extending the duration of a crime, this bill would impose a state-mandated local crime. The bill would also make conforming changes.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.This bill would declare that it is to take effect immediately as an urgency statute.Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the licensure and regulation of primary care clinics and specialty clinics. A violation of these provisions is a crime.
Existing law, until the department adopts regulations relating to the provision of services by a chronic dialysis clinic, a surgical clinic, or a rehabilitation clinic, requires those clinics to comply with prescribed federal certification standards in effect immediately preceding January 1, 2013. These provisions become inoperative and would be repealed on January 1, 2018.
This bill would instead make those provisions inoperative and repealed on January 1, 2019. By extending the duration of a crime, the bill would impose a state-mandated local program. The bill would also delete obsolete provisions and make conforming changes.
Existing law requires the State Department of Public Health and the State Department of Developmental Services to jointly develop and implement licensing regulations appropriate for an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing. Existing law, until the departments adopt those regulations, requires that the facilities comply with applicable federal certification standards for intermediate care facilities for individuals with intellectual disabilities in effect immediately preceding January 1, 2013. These provisions would become inoperative and would be repealed on January 1, 2018.
This bill would instead make those provisions inoperative and repealed on January 1, 2020. By extending the duration of a crime, this bill would impose a state-mandated local crime. The bill would also make conforming changes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the licensure and regulation of primary care clinics and specialty clinics. A violation of these provisions is a crime.
Existing law, until the department adopts regulations relating to the provision of services by a chronic dialysis clinic, a surgical clinic, or a rehabilitation clinic, requires those clinics to comply with prescribed federal certification standards in effect immediately preceding January 1, 2013. These provisions become inoperative and would be repealed on January 1, 2018.
This bill would instead make those provisions inoperative and repealed on January 1, 2019. By extending the duration of a crime, the bill would impose a state-mandated local program. The bill would also delete obsolete provisions and make conforming changes.
Existing law requires the State Department of Public Health and the State Department of Developmental Services to jointly develop and implement licensing regulations appropriate for an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing. Existing law, until the departments adopt those regulations, requires that the facilities comply with applicable federal certification standards for intermediate care facilities for individuals with intellectual disabilities in effect immediately preceding January 1, 2013. These provisions would become inoperative and would be repealed on January 1, 2018.
This bill would instead make those provisions inoperative and repealed on January 1, 2020. By extending the duration of a crime, this bill would impose a state-mandated local crime. The bill would also make conforming changes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires the State Board of Forestry and Fire Protection to establish a fire prevention fee in an amount not to exceed $150 to be charged on each habitable structure on a parcel that is within a state responsibility area. Existing law requires the fee moneys to be expended, upon appropriation, in specified ways, including to reimburse the State Board of Equalizations expenses incurred in the collection of the fee and to the State Board of Forestry and Fire Protection and to the Department of Forestry and Fire Protection for administrative purposes, with excess moneys being expended only for specified fire prevention activities, as provided. Existing law requires the fund to cover startup costs of the fire prevention fee program over a period not to exceed 2 years. Existing law, until January 31, 2017, requires the board to submit an annual written report to the Legislature on the status of the uses of the fee moneys.This bill would require, by January 31, 2018, the department to submit the report to the Legislature and the board. The bill would require the report to include an itemized accounting of all expenditures from the fund, including a specific itemized accounting relating to equipment expenditures, and a description of any positions that are associated with each expenditure, among other things. The bill would require the reporting to occur annually for an indefinite period of time. The bill would delete the provision regarding the startup costs of the fire prevention fee program.Existing law requires the State Board of Forestry and Fire Protection to establish a fire prevention fee in an amount not to exceed $150 to be charged on each habitable structure on a parcel that is within a state responsibility area. Existing law requires the fee moneys to be expended, upon appropriation, in specified ways, including to reimburse the State Board of Equalizations expenses incurred in the collection of the fee and to the State Board of Forestry and Fire Protection and to the Department of Forestry and Fire Protection for administrative purposes, with excess moneys being expended only for specified fire prevention activities, as provided. Existing law requires the fund to cover startup costs of the fire prevention fee program over a period not to exceed 2 years. Existing law, until January 31, 2017, requires the board to submit an annual written report to the Legislature on the status of the uses of the fee moneys.
This bill would require, by January 31, 2018, the department to submit the report to the Legislature and the board. The bill would require the report to include an itemized accounting of all expenditures from the fund, including a specific itemized accounting relating to equipment expenditures, and a description of any positions that are associated with each expenditure, among other things. The bill would require the reporting to occur annually for an indefinite period of time. The bill would delete the provision regarding the startup costs of the fire prevention fee program.
Existing law requires the State Board of Forestry and Fire Protection to establish a fire prevention fee in an amount not to exceed $150 to be charged on each habitable structure on a parcel that is within a state responsibility area. Existing law requires the fee moneys to be expended, upon appropriation, in specified ways, including to reimburse the State Board of Equalizations expenses incurred in the collection of the fee and to the State Board of Forestry and Fire Protection and to the Department of Forestry and Fire Protection for administrative purposes, with excess moneys being expended only for specified fire prevention activities, as provided. Existing law requires the fund to cover startup costs of the fire prevention fee program over a period not to exceed 2 years. Existing law, until January 31, 2017, requires the board to submit an annual written report to the Legislature on the status of the uses of the fee moneys.
This bill would require, by January 31, 2018, the department to submit the report to the Legislature and the board. The bill would require the report to include an itemized accounting of all expenditures from the fund, including a specific itemized accounting relating to equipment expenditures, and a description of any positions that are associated with each expenditure, among other things. The bill would require the reporting to occur annually for an indefinite period of time. The bill would delete the provision regarding the startup costs of the fire prevention fee program.
Existing law requires the State Board of Forestry and Fire Protection to establish a fire prevention fee in an amount not to exceed $150 to be charged on each habitable structure on a parcel that is within a state responsibility area. Existing law requires the fee moneys to be expended, upon appropriation, in specified ways, including to reimburse the State Board of Equalizations expenses incurred in the collection of the fee and to the State Board of Forestry and Fire Protection and to the Department of Forestry and Fire Protection for administrative purposes, with excess moneys being expended only for specified fire prevention activities, as provided. Existing law, until January 31, 2017, requires the board to submit an annual written report to the Legislature on the status of the uses of the fee moneys.
This bill would require require, by January 31, 2018, the department to submit the report to the Legislature and the board. The bill would require the report to include an itemized accounting of all expenditures from the fund and fund, including a specific itemized accounting relating to equipment expenditures, and a description of any positions that are associated with each expenditure, among other things. The bill would require the reporting to occur annually for an indefinite period of time.
Existing law requires the State Board of Forestry and Fire Protection to establish a fire prevention fee in an amount not to exceed $150 to be charged on each habitable structure on a parcel that is within a state responsibility area. Existing law requires the fee moneys to be expended, upon appropriation, in specified ways, including to reimburse the State Board of Equalizations expenses incurred in the collection of the fee and to the State Board of Forestry and Fire Protection and to the Department of Forestry and Fire Protection for administrative purposes, with excess moneys being expended only for specified fire prevention activities, as provided. Existing law, until January 31, 2017, requires the board to submit an annual written report to the Legislature on the status of the uses of the fee moneys.
This bill would require the report to include an itemized accounting of all expenditures from the fund and would require the reporting to occur annually for an indefinite period of time.
(a)This section shall be known, and may be cited, as the Modernizing Government Technology Act of 2018.
(b)The Legislature finds and declares the following:
(1)Technology is constantly advancing and changing the ways in which the working world operates.
(2)In most organizations, it is necessary to have the latest technologies to achieve the level of productivity required to meet the demands of a modern, fast-paced working environment.
(3)Californias state government has fallen behind on the incorporation of technology into its daily operations and cannot take advantage of the many benefits that derive from modernization of the workplace.
(c)The objectives of this section are as follows:
(1)To create a flexible, family friendly workplace.
(2)To establish efficient and streamlined processes.
(3)To achieve cost savings.
(4)To reduce carbon emissions.
(5)To enhance the transparency of public information.
(6)To increase cybersecurity.
(7)To encourage the use of cloud computing and other innovative platforms and technologies.
(d)Not later than January 1, 2020, the department shall, in consultation with the Department of Technology, establish modernization goals that will achieve one or more of the objectives set forth in subdivision (c), including, but not limited to, goals for the following:
(1)Modernization of the departments information technology system.
(2)Usage of technologies that will improve the efficiency of the department.
(e)Upon establishment of modernization goals pursuant to subdivision (d), the department shall create an implementation and cost assessment plan for achieving those goals. On or before January 1, 2020, the department shall provide the implementation and cost assessment plan to the Legislature and post that implementation and cost assessment plan on the departments Internet Web site.
SECTION 1.Section 1225 of the Health and Safety Code, as amended by Section 1 of Chapter 722 of the Statutes of 2013, is amended to read:1225.(a)The department shall adopt, and may from time to time amend or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any of the provisions of any statute of this state.(b)The rules and regulations for primary care clinics shall be separate and distinct from the rules and regulations for specialty clinics.(c)All regulations relating to licensed clinics in effect on December 31, 1977, that were adopted by the department, shall remain in full force and effect until altered, amended, or repealed by the director.(d)Until the department adopts regulations relating to the provision of services by a chronic dialysis clinic, a surgical clinic, or a rehabilitation clinic, the following clinics licensed or seeking licensure shall comply with the following federal certification standards in effect immediately preceding January 1, 2013:(1)A chronic dialysis clinic shall comply with federal certification standards for an end stage renal disease clinic, as specified in Sections 494.1 to 494.180, inclusive, of Title 42 of the Code of Federal Regulations.(2)A surgical clinic, as defined in subdivision (b) of Section 1204, shall comply with federal certification standards for an ambulatory surgical clinic, as specified in Sections 416.1 to 416.52, inclusive, of Title 42 of the Code of Federal Regulations.(3)A rehabilitation clinic shall comply with federal certification standards for a comprehensive outpatient rehabilitation facility, as specified in Sections 485.50 to 485.74, inclusive, of Title 42 of the Code of Federal Regulations.(e)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.SEC. 2.Section 1225 of the Health and Safety Code, as added by Section 2 of Chapter 722 of the Statutes of 2013, is amended to read:1225.(a)The department shall adopt, and may from time to time amend or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, such reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any of the provisions of any statute of this state. The rules and regulations for primary care clinics shall be separate and distinct from the rules and regulations for specialty clinics.(b)All regulations relating to licensed clinics in effect on December 31, 1977, which were adopted by the department, shall remain in full force and effect until altered, amended, or repealed by the director.(c)This section shall become operative on January 1, 2019.SEC. 3.Section 1275.3 of the Health and Safety Code, as amended by Section 81 of Chapter 71 of the Statutes of 2014, is amended to read:1275.3.(a)The State Department of Public Health and the State Department of Developmental Services shall jointly develop and implement licensing regulations appropriate for an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing.(b)The regulations adopted pursuant to subdivision (a) shall ensure that residents of an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing receive appropriate medical and nursing services, and developmental program services in a normalized, least restrictive physical and programmatic environment appropriate to individual resident need.In addition, the regulations shall do all of the following:(1)Include provisions for the completion of a clinical and developmental assessment of placement needs, including medical and other needs, and the degree to which they are being met, of clients placed in an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing and for the monitoring of these needs at regular intervals.(2)Provide for maximum utilization of generic community resources by clients residing in a facility.(3)Require the State Department of Developmental Services to review and approve an applicants facility program plan as a prerequisite to the licensing and certification process.(4)Require that the physician providing the certification that placement in the intermediate care facility/developmentally disabled-nursing or intermediate care facility/developmentally disabled-continuous nursing is needed, consult with the physician who is the physician of record at the time the persons proposed placement is being considered by the interdisciplinary team.(c)Until the departments adopt regulations pursuant to this section relating to services by an intermediate care facility/developmentally disabled-nursing, the licensed intermediate care facilities/developmentally disabled-nursing shall comply with federal certification standards for intermediate care facilities for individuals with intellectual disabilities, as specified in Sections 483.400 to 483.480, inclusive, of Title 42 of the Code of Federal Regulations, in effect immediately preceding January 1, 2013.(d)This section shall not supersede the authority of the State Fire Marshal pursuant to Sections 13113, 13113.5, 13143, and 13143.6 to the extent that these sections are applicable to community care facilities.(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.SEC. 4.Section 1275.3 of the Health and Safety Code, as amended by Section 82 of Chapter 71 of the Statutes of 2014, is amended to read:1275.3.(a)The State Department of Public Health and the State Department of Developmental Services shall jointly develop and implement licensing regulations appropriate for an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing.(b)The regulations adopted pursuant to subdivision (a) shall ensure that residents of an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing receive appropriate medical and nursing services, and developmental program services in a normalized, least restrictive physical and programmatic environment appropriate to individual resident need.In addition, the regulations shall do all of the following:(1)Include provisions for the completion of a clinical and developmental assessment of placement needs, including medical and other needs, and the degree to which they are being met, of clients placed in an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing and for the monitoring of these needs at regular intervals.(2)Provide for maximum utilization of generic community resources by clients residing in a facility.(3)Require the State Department of Developmental Services to review and approve an applicants program plan as part of the licensing and certification process.(4)Require that the physician providing the certification that placement in the intermediate care facility/developmentally disabled-nursing or intermediate care facility/developmentally disabled-continuous nursing is needed, consult with the physician who is the physician of record at the time the persons proposed placement is being considered by the interdisciplinary team.(c)Regulations developed pursuant to this section shall include licensing fee schedules appropriate to facilities which will encourage their development.(d)This section shall not supersede the authority of the State Fire Marshal pursuant to Sections 13113, 13113.5, 13143, and 13143.6 to the extent that these sections are applicable to community care facilities.(e)This section shall become operative on January 1, 2020.SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SEC. 6.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To ensure continuity of care in specialty clinics and continued compliance with federal certification standards, it is necessary for this measure to take effect immediately.(a)The department shall adopt, and may from time to time amend or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any of the provisions of any statute of this state.
(b)The rules and regulations for primary care clinics shall be separate and distinct from the rules and regulations for specialty clinics.
(c)All regulations relating to licensed clinics in effect on December 31, 1977, that were adopted by the department, shall remain in full force and effect until altered, amended, or repealed by the director.
(d)Until the department adopts regulations relating to the provision of services by a chronic dialysis clinic, a surgical clinic, or a rehabilitation clinic, the following clinics licensed or seeking licensure shall comply with the following federal certification standards in effect immediately preceding January 1, 2013:
(1)A chronic dialysis clinic shall comply with federal certification standards for an end stage renal disease clinic, as specified in Sections 494.1 to 494.180, inclusive, of Title 42 of the Code of Federal Regulations.
(2)A surgical clinic, as defined in subdivision (b) of Section 1204, shall comply with federal certification standards for an ambulatory surgical clinic, as specified in Sections 416.1 to 416.52, inclusive, of Title 42 of the Code of Federal Regulations.
(3)A rehabilitation clinic shall comply with federal certification standards for a comprehensive outpatient rehabilitation facility, as specified in Sections 485.50 to 485.74, inclusive, of Title 42 of the Code of Federal Regulations.
(e)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
SEC. 2.Section 1225 of the Health and Safety Code, as added by Section 2 of Chapter 722 of the Statutes of 2013, is amended to read:1225.(a)The department shall adopt, and may from time to time amend or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, such reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any of the provisions of any statute of this state. The rules and regulations for primary care clinics shall be separate and distinct from the rules and regulations for specialty clinics.
(b)All regulations relating to licensed clinics in effect on December 31, 1977, which were adopted by the department, shall remain in full force and effect until altered, amended, or repealed by the director.
(c)This section shall become operative on January 1, 2019.
SEC. 3.Section 1275.3 of the Health and Safety Code, as amended by Section 81 of Chapter 71 of the Statutes of 2014, is amended to read:1275.3.(a)The State Department of Public Health and the State Department of Developmental Services shall jointly develop and implement licensing regulations appropriate for an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing.
(b)The regulations adopted pursuant to subdivision (a) shall ensure that residents of an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing receive appropriate medical and nursing services, and developmental program services in a normalized, least restrictive physical and programmatic environment appropriate to individual resident need.
In addition, the regulations shall do all of the following:
(1)Include provisions for the completion of a clinical and developmental assessment of placement needs, including medical and other needs, and the degree to which they are being met, of clients placed in an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing and for the monitoring of these needs at regular intervals.
(2)Provide for maximum utilization of generic community resources by clients residing in a facility.
(3)Require the State Department of Developmental Services to review and approve an applicants facility program plan as a prerequisite to the licensing and certification process.
(4)Require that the physician providing the certification that placement in the intermediate care facility/developmentally disabled-nursing or intermediate care facility/developmentally disabled-continuous nursing is needed, consult with the physician who is the physician of record at the time the persons proposed placement is being considered by the interdisciplinary team.
(c)Until the departments adopt regulations pursuant to this section relating to services by an intermediate care facility/developmentally disabled-nursing, the licensed intermediate care facilities/developmentally disabled-nursing shall comply with federal certification standards for intermediate care facilities for individuals with intellectual disabilities, as specified in Sections 483.400 to 483.480, inclusive, of Title 42 of the Code of Federal Regulations, in effect immediately preceding January 1, 2013.
(d)This section shall not supersede the authority of the State Fire Marshal pursuant to Sections 13113, 13113.5, 13143, and 13143.6 to the extent that these sections are applicable to community care facilities.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 4.Section 1275.3 of the Health and Safety Code, as amended by Section 82 of Chapter 71 of the Statutes of 2014, is amended to read:1275.3.(a)The State Department of Public Health and the State Department of Developmental Services shall jointly develop and implement licensing regulations appropriate for an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing.
(b)The regulations adopted pursuant to subdivision (a) shall ensure that residents of an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing receive appropriate medical and nursing services, and developmental program services in a normalized, least restrictive physical and programmatic environment appropriate to individual resident need.
In addition, the regulations shall do all of the following:
(1)Include provisions for the completion of a clinical and developmental assessment of placement needs, including medical and other needs, and the degree to which they are being met, of clients placed in an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing and for the monitoring of these needs at regular intervals.
(2)Provide for maximum utilization of generic community resources by clients residing in a facility.
(3)Require the State Department of Developmental Services to review and approve an applicants program plan as part of the licensing and certification process.
(4)Require that the physician providing the certification that placement in the intermediate care facility/developmentally disabled-nursing or intermediate care facility/developmentally disabled-continuous nursing is needed, consult with the physician who is the physician of record at the time the persons proposed placement is being considered by the interdisciplinary team.
(c)Regulations developed pursuant to this section shall include licensing fee schedules appropriate to facilities which will encourage their development.
(d)This section shall not supersede the authority of the State Fire Marshal pursuant to Sections 13113, 13113.5, 13143, and 13143.6 to the extent that these sections are applicable to community care facilities.
(e)This section shall become operative on January 1, 2020.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 6.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To ensure continuity of care in specialty clinics and continued compliance with federal certification standards, it is necessary for this measure to take effect immediately.
(a)The department shall adopt, and may from time to time amend or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any of the provisions of any statute of this state.
(b)The rules and regulations for primary care clinics shall be separate and distinct from the rules and regulations for specialty clinics.
(c)All regulations relating to licensed clinics in effect on December 31, 1977, that were adopted by the department, shall remain in full force and effect until altered, amended, or repealed by the director.
(d)Until the department adopts regulations relating to the provision of services by a chronic dialysis clinic, a surgical clinic, or a rehabilitation clinic, the following clinics licensed or seeking licensure shall comply with the following federal certification standards in effect immediately preceding January 1, 2013:
(1)A chronic dialysis clinic shall comply with federal certification standards for an end stage renal disease clinic, as specified in Sections 494.1 to 494.180, inclusive, of Title 42 of the Code of Federal Regulations.
(2)A surgical clinic, as defined in subdivision (b) of Section 1204, shall comply with federal certification standards for an ambulatory surgical clinic, as specified in Sections 416.1 to 416.52, inclusive, of Title 42 of the Code of Federal Regulations.
(3)A rehabilitation clinic shall comply with federal certification standards for a comprehensive outpatient rehabilitation facility, as specified in Sections 485.50 to 485.74, inclusive, of Title 42 of the Code of Federal Regulations.
(e)The department shall, by July 1, 2017, conduct at least one public hearing and submit a report to the appropriate legislative committees that describes the extent to which the federal certification standards are or are not sufficient as a basis for state licensing standards. The report shall make recommendations for any California-specific standards that may be necessary.(f)(e)This section shall remain in effect only until January 1, 2018, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2019, deletes or extends that date.
SEC. 2.Section 1225 of the Health and Safety Code, as added by Section 2 of Chapter 722 of the Statutes of 2013, is amended to read:1225.(a)The department shall adopt, and may from time to time amend or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, such reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any of the provisions of any statute of this state. The rules and regulations for primary care clinics shall be separate and distinct from the rules and regulations for specialty clinics.
(b)All regulations relating to licensed clinics in effect on December 31, 1977, which were adopted by the department, shall remain in full force and effect until altered, amended, or repealed by the director.
(c)This section shall become operative on January 1, 2018. 2019.
SEC. 3.Section 1275.3 of the Health and Safety Code, as amended by Section 81 of Chapter 71 of the Statutes of 2014, is amended to read:1275.3.(a)The State Department of Public Health and the State Department of Developmental Services shall jointly develop and implement licensing regulations appropriate for an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing.
(b)The regulations adopted pursuant to subdivision (a) shall ensure that residents of an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing receive appropriate medical and nursing services, and developmental program services in a normalized, least restrictive physical and programmatic environment appropriate to individual resident need.
In addition, the regulations shall do all of the following:
(1)Include provisions for the completion of a clinical and developmental assessment of placement needs, including medical and other needs, and the degree to which they are being met, of clients placed in an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing and for the monitoring of these needs at regular intervals.
(2)Provide for maximum utilization of generic community resources by clients residing in a facility.
(3)Require the State Department of Developmental Services to review and approve an applicants facility program plan as a prerequisite to the licensing and certification process.
(4)Require that the physician providing the certification that placement in the intermediate care facility/developmentally disabled-nursing or intermediate care facility/developmentally disabled-continuous nursing is needed, consult with the physician who is the physician of record at the time the persons proposed placement is being considered by the interdisciplinary team.
(c)Until the departments adopt regulations pursuant to this section relating to services by an intermediate care facility/developmentally disabled-nursing, the licensed intermediate care facilities/developmentally disabled-nursing shall comply with federal certification standards for intermediate care facilities for individuals with intellectual disabilities, as specified in Sections 483.400 to 483.480, inclusive, of Title 42 of the Code of Federal Regulations, in effect immediately preceding January 1, 2013.
(d)This section shall not supersede the authority of the State Fire Marshal pursuant to Sections 13113, 13113.5, 13143, and 13143.6 to the extent that these sections are applicable to community care facilities.
(e)This section shall remain in effect only until January 1, 2018, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2020, deletes or extends that date.
SEC. 4.Section 1275.3 of the Health and Safety Code, as amended by Section 82 of Chapter 71 of the Statutes of 2014, is amended to read:1275.3.(a)The State Department of Public Health and the State Department of Developmental Services shall jointly develop and implement licensing regulations appropriate for an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing.
(b)The regulations adopted pursuant to subdivision (a) shall ensure that residents of an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing receive appropriate medical and nursing services, and developmental program services in a normalized, least restrictive physical and programmatic environment appropriate to individual resident need.
In addition, the regulations shall do all of the following:
(1)Include provisions for the completion of a clinical and developmental assessment of placement needs, including medical and other needs, and the degree to which they are being met, of clients placed in an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing and for the monitoring of these needs at regular intervals.
(2)Provide for maximum utilization of generic community resources by clients residing in a facility.
(3)Require the State Department of Developmental Services to review and approve an applicants program plan as part of the licensing and certification process.
(4)Require that the physician providing the certification that placement in the intermediate care facility/developmentally disabled-nursing or intermediate care facility/developmentally disabled-continuous nursing is needed, consult with the physician who is the physician of record at the time the persons proposed placement is being considered by the interdisciplinary team.
(c)Regulations developed pursuant to this section shall include licensing fee schedules appropriate to facilities which will encourage their development.
(d)This section shall not supersede the authority of the State Fire Marshal pursuant to Sections 13113, 13113.5, 13143, and 13143.6 to the extent that these sections are applicable to community care facilities.
(e)This section shall become operative on January 1, 2018. 2020.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SECTION 1.Section 4214 of the Public Resources Code is amended to read:4214.(a)Fire prevention fees collected pursuant to this chapter shall be expended, upon appropriation by the Legislature, as follows:(1)The State Board of Equalization shall retain moneys necessary for the payment of refunds pursuant to Section 4228 and reimbursement of the State Board of Equalization for expenses incurred in the collection of the fee.(2)The moneys collected, other than those retained by the State Board of Equalization pursuant to paragraph (1), shall be deposited into the State Responsibility Area Fire Prevention Fund, which is hereby created in the State Treasury, and shall be available to the board and the department to expend for fire prevention activities specified in subdivision (d) that benefit the owners of habitable structures within a state responsibility area who are required to pay the fire prevention fee. The amount expended to benefit the owners of habitable structures within a state responsibility area shall be commensurate with the amount collected from the owners within that state responsibility area. All moneys in excess of the costs of administration of the board and the department shall be expended only for fire prevention activities in counties with state responsibility areas.(b)The fund may also be used to cover the costs of administering this chapter.(c)It is the intent of the Legislature that the moneys in this fund be fully appropriated to the board and the department each year in order to effectuate the purposes of this chapter.(d)Moneys in the fund shall be used only for the following fire prevention activities, which shall benefit owners of habitable structures within the state responsibility areas who are required to pay the annual fire prevention fee pursuant to this chapter:(1)Local assistance grants pursuant to subdivision (e).(2)Grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps for fire prevention projects and activities in the state responsibility areas.(3)Grants to a qualified nonprofit organization with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project applicable to the state responsibility areas. The department may establish other qualifying criteria.(4)Inspections by the department for compliance with defensible space requirements around habitable structures in state responsibility areas as required by Section 4291.(5)Public education to reduce fire risk in the state responsibility areas.(6)Fire severity and fire hazard mapping by the department in the state responsibility areas.(7)Other fire prevention projects in the state responsibility areas, authorized by the board.(e)(1)The board shall establish a local assistance grant program for fire prevention activities designed to benefit habitable structures within state responsibility areas, including public education, that are provided by counties and other local agencies, including special districts, with state responsibility areas within their jurisdictions.(2)In order to ensure an equitable distribution of funds, the amount of each grant shall be based on the number of habitable structures in state responsibility areas for which the applicant is legally responsible and the amount of moneys made available in the annual Budget Act for this local assistance grant program.(f)By January 31, 2018, and, notwithstanding Section 10231.5 of the Government Code, annually thereafter, the department shall submit to the Legislature and the board a written report on the status and uses of the fund pursuant to this chapter. The report shall include all of the following:(1)An evaluation of the benefits received by counties based on the number of habitable structures in state responsibility areas within their jurisdictions, the effectiveness of the boards grant programs, the number of defensible space inspections in the reporting period, the degree of compliance with defensible space requirements, and measures to increase compliance, if any.(2)An itemized accounting of all expenditures from the fund, including a specific itemized accounting relating to equipment expenditures, and a description of any positions that are associated with each expenditure.(3)A description of each program, subprogram, and element for which the department uses moneys generated from the fire prevention fee, including an itemized accounting of expenditures for each program, subprogram, and element.(4)A description of the grants awarded and expenditures of grant moneys.(5)A description of actual expenditures for the previous fiscal year, estimated expenditures for the current fiscal year, and budgeted expenditures for the budget year.(6)Any recommendations to the Legislature, including any recommendations on the status and use of the fund.(g)A report to be submitted to the Legislature pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code.(h)It is essential that this article be implemented without delay. To permit timely implementation, the department may contract for services related to the establishment of the fire prevention fee collection process. For this purpose only, and for a period not to exceed 24 months, the Public Contract Code or any other law related to public contracting shall not apply.(a)Fire prevention fees collected pursuant to this chapter shall be expended, upon appropriation by the Legislature, as follows:
(1)The State Board of Equalization shall retain moneys necessary for the payment of refunds pursuant to Section 4228 and reimbursement of the State Board of Equalization for expenses incurred in the collection of the fee.
(2)The moneys collected, other than those retained by the State Board of Equalization pursuant to paragraph (1), shall be deposited into the State Responsibility Area Fire Prevention Fund, which is hereby created in the State Treasury, and shall be available to the board and the department to expend for fire prevention activities specified in subdivision (d) that benefit the owners of habitable structures within a state responsibility area who are required to pay the fire prevention fee. The amount expended to benefit the owners of habitable structures within a state responsibility area shall be commensurate with the amount collected from the owners within that state responsibility area. All moneys in excess of the costs of administration of the board and the department shall be expended only for fire prevention activities in counties with state responsibility areas.
(b)The fund may also be used to cover the costs of administering this chapter.
(c)It is the intent of the Legislature that the moneys in this fund be fully appropriated to the board and the department each year in order to effectuate the purposes of this chapter.
(d)Moneys in the fund shall be used only for the following fire prevention activities, which shall benefit owners of habitable structures within the state responsibility areas who are required to pay the annual fire prevention fee pursuant to this chapter:
(1)Local assistance grants pursuant to subdivision (e).
(2)Grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps for fire prevention projects and activities in the state responsibility areas.
(3)Grants to a qualified nonprofit organization with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project applicable to the state responsibility areas. The department may establish other qualifying criteria.
(4)Inspections by the department for compliance with defensible space requirements around habitable structures in state responsibility areas as required by Section 4291.
(5)Public education to reduce fire risk in the state responsibility areas.
(6)Fire severity and fire hazard mapping by the department in the state responsibility areas.
(7)Other fire prevention projects in the state responsibility areas, authorized by the board.
(e)(1)The board shall establish a local assistance grant program for fire prevention activities designed to benefit habitable structures within state responsibility areas, including public education, that are provided by counties and other local agencies, including special districts, with state responsibility areas within their jurisdictions.
(2)In order to ensure an equitable distribution of funds, the amount of each grant shall be based on the number of habitable structures in state responsibility areas for which the applicant is legally responsible and the amount of moneys made available in the annual Budget Act for this local assistance grant program.
(f)By January 31, 2018, and, notwithstanding Section 10231.5 of the Government Code, annually thereafter, the department shall submit to the Legislature and the board a written report on the status and uses of the fund pursuant to this chapter. The report shall include all of the following:
(1)An evaluation of the benefits received by counties based on the number of habitable structures in state responsibility areas within their jurisdictions, the effectiveness of the boards grant programs, the number of defensible space inspections in the reporting period, the degree of compliance with defensible space requirements, and measures to increase compliance, if any.
(2)An itemized accounting of all expenditures from the fund, including a specific itemized accounting relating to equipment expenditures, and a description of any positions that are associated with each expenditure.
(3)A description of each program, subprogram, and element for which the department uses moneys generated from the fire prevention fee, including an itemized accounting of expenditures for each program, subprogram, and element.
(4)A description of the grants awarded and expenditures of grant moneys.
(5)A description of actual expenditures for the previous fiscal year, estimated expenditures for the current fiscal year, and budgeted expenditures for the budget year.
(6)Any recommendations to the Legislature, including any recommendations on the status and use of the fund.
(g)A report to be submitted to the Legislature pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code.
(h)It is essential that this article be implemented without delay. To permit timely implementation, the department may contract for services related to the establishment of the fire prevention fee collection process. For this purpose only, and for a period not to exceed 24 months, the Public Contract Code or any other law related to public contracting shall not apply.
(a)Fire prevention fees collected pursuant to this chapter shall be expended, upon appropriation by the Legislature, as follows:
(1)The State Board of Equalization shall retain moneys necessary for the payment of refunds pursuant to Section 4228 and reimbursement of the State Board of Equalization for expenses incurred in the collection of the fee.
(2)The moneys collected, other than those retained by the State Board of Equalization pursuant to paragraph (1), shall be deposited into the State Responsibility Area Fire Prevention Fund, which is hereby created in the State Treasury, and shall be available to the board and the department to expend for fire prevention activities specified in subdivision (d) that benefit the owners of habitable structures within a state responsibility area who are required to pay the fire prevention fee. The amount expended to benefit the owners of habitable structures within a state responsibility area shall be commensurate with the amount collected from the owners within that state responsibility area. All moneys in excess of the costs of administration of the board and the department shall be expended only for fire prevention activities in counties with state responsibility areas.
(b)(1)The fund may also be used to cover the costs of administering this chapter.
(2)The fund shall cover all startup costs incurred over a period not to exceed two years.(c)It is the intent of the Legislature that the moneys in this fund be fully appropriated to the board and the department each year in order to effectuate the purposes of this chapter.
(d)Moneys in the fund shall be used only for the following fire prevention activities, which shall benefit owners of habitable structures within the state responsibility areas who are required to pay the annual fire prevention fee pursuant to this chapter:
(1)Local assistance grants pursuant to subdivision (e).
(2)Grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps for fire prevention projects and activities in the state responsibility areas.
(3)Grants to a qualified nonprofit organization with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project applicable to the state responsibility areas. The department may establish other qualifying criteria.
(4)Inspections by the department for compliance with defensible space requirements around habitable structures in state responsibility areas as required by Section 4291.
(5)Public education to reduce fire risk in the state responsibility areas.
(6)Fire severity and fire hazard mapping by the department in the state responsibility areas.
(7)Other fire prevention projects in the state responsibility areas, authorized by the board.
(e)(1)The board shall establish a local assistance grant program for fire prevention activities designed to benefit habitable structures within state responsibility areas, including public education, that are provided by counties and other local agencies, including special districts, with state responsibility areas within their jurisdictions.
(2)In order to ensure an equitable distribution of funds, the amount of each grant shall be based on the number of habitable structures in state responsibility areas for which the applicant is legally responsible and the amount of moneys made available in the annual Budget Act for this local assistance grant program.
(f)By January 31, 2018, and, notwithstanding Section 10231.5 of the Government Code, annually thereafter, the department shall submit to the Legislature and the board a written report on the status and uses of the fund pursuant to this chapter. The report shall include all of the following:
(1)An evaluation of the benefits received by counties based on the number of habitable structures in state responsibility areas within their jurisdictions, the effectiveness of the boards grant programs, the number of defensible space inspections in the reporting period, the degree of compliance with defensible space requirements, measures to increase compliance, if any.
(2)An itemized accounting of all expenditures from the fund, including a specific itemized accounting relating to equipment expenditures, and a description of any positions that are associated with each expenditure.
(3)A description of each program, subprogram, and element for which the department uses moneys generated from the fire prevention fee, including an itemized accounting of expenditures for each program, subprogram, and element.
(4)A description of the grants awarded and expenditures of grant moneys.
(5)A description of actual expenditures for the previous fiscal year, estimated expenditures for the current fiscal year, and budgeted expenditures for the budget year.
(6)Any recommendations to the Legislature, including any recommendations on the status and use of the fund.
(g)A report to be submitted to the Legislature pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code.
(h)It is essential that this article be implemented without delay. To permit timely implementation, the department may contract for services related to the establishment of the fire prevention fee collection process. For this purpose only, and for a period not to exceed 24 months, the Public Contract Code or any other law related to public contracting shall not apply.
(a)Fire prevention fees collected pursuant to this chapter shall be expended, upon appropriation by the Legislature, as follows:
(1)The State Board of Equalization shall retain moneys necessary for the payment of refunds pursuant to Section 4228 and reimbursement of the State Board of Equalization for expenses incurred in the collection of the fee.
(2)The moneys collected, other than those retained by the State Board of Equalization pursuant to paragraph (1), shall be deposited into the State Responsibility Area Fire Prevention Fund, which is hereby created in the State Treasury, and shall be available to the board and the department to expend for fire prevention activities specified in subdivision (d) that benefit the owners of habitable structures within a state responsibility area who are required to pay the fire prevention fee. The amount expended to benefit the owners of habitable structures within a state responsibility area shall be commensurate with the amount collected from the owners within that state responsibility area. All moneys in excess of the costs of administration of the board and the department shall be expended only for fire prevention activities in counties with state responsibility areas.
(b)(1)The fund may also be used to cover the costs of administering this chapter.
(2)The fund shall cover all startup costs incurred over a period not to exceed two years.
(c)It is the intent of the Legislature that the moneys in this fund be fully appropriated to the board and the department each year in order to effectuate the purposes of this chapter.
(d)Moneys in the fund shall be used only for the following fire prevention activities, which shall benefit owners of habitable structures within the state responsibility areas who are required to pay the annual fire prevention fee pursuant to this chapter:
(1)Local assistance grants pursuant to subdivision (e).
(2)Grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps for fire prevention projects and activities in the state responsibility areas.
(3)Grants to a qualified nonprofit organization with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project applicable to the state responsibility areas. The department may establish other qualifying criteria.
(4)Inspections by the department for compliance with defensible space requirements around habitable structures in state responsibility areas as required by Section 4291.
(5)Public education to reduce fire risk in the state responsibility areas.
(6)Fire severity and fire hazard mapping by the department in the state responsibility areas.
(7)Other fire prevention projects in the state responsibility areas, authorized by the board.
(e)(1)The board shall establish a local assistance grant program for fire prevention activities designed to benefit habitable structures within state responsibility areas, including public education, that are provided by counties and other local agencies, including special districts, with state responsibility areas within their jurisdictions.
(2)In order to ensure an equitable distribution of funds, the amount of each grant shall be based on the number of habitable structures in state responsibility areas for which the applicant is legally responsible and the amount of moneys made available in the annual Budget Act for this local assistance grant program.
(f)By January 31, 2015, 2018, and, notwithstanding Section 10231.5 of the Government Code, annually thereafter, the board department shall submit to the Legislature and the board a written report on the status and uses of the fund pursuant to this chapter, including an itemized accounting of all expenditures from the fund. The written report shall also include an chapter. The report shall include all of the following:
(1)An evaluation of the benefits received by counties based on the number of habitable structures in state responsibility areas within their jurisdictions, the effectiveness of the boards grant programs, the number of defensible space inspections in the reporting period, the degree of compliance with defensible space requirements, measures to increase compliance, if any, and any recommendations to the Legislature. any.
(2)An itemized accounting of all expenditures from the fund, including a specific itemized accounting relating to equipment expenditures, and a description of any positions that are associated with each expenditure.
(3)A description of each program, subprogram, and element for which the department uses moneys generated from the fire prevention fee, including an itemized accounting of expenditures for each program, subprogram, and element.
(4)A description of the grants awarded and expenditures of grant moneys.
(5)A description of actual expenditures for the previous fiscal year, estimated expenditures for the current fiscal year, and budgeted expenditures for the budget year.
(6)Any recommendations to the Legislature, including any recommendations on the status and use of the fund.
(g)A report to be submitted to the Legislature pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code.
(h)It is essential that this article be implemented without delay. To permit timely implementation, the department may contract for services related to the establishment of the fire prevention fee collection process. For this purpose only, and for a period not to exceed 24 months, the Public Contract Code or any other law related to public contracting shall not apply.
(a)Fire prevention fees collected pursuant to this chapter shall be expended, upon appropriation by the Legislature, as follows:
(1)The State Board of Equalization shall retain moneys necessary for the payment of refunds pursuant to Section 4228 and reimbursement of the State Board of Equalization for expenses incurred in the collection of the fee.
(2)The moneys collected, other than those retained by the State Board of Equalization pursuant to paragraph (1), shall be deposited into the State Responsibility Area Fire Prevention Fund, which is hereby created in the State Treasury, and shall be available to the board and the department to expend for fire prevention activities specified in subdivision (d) that benefit the owners of habitable structures within a state responsibility area who are required to pay the fire prevention fee. The amount expended to benefit the owners of habitable structures within a state responsibility area shall be commensurate with the amount collected from the owners within that state responsibility area. All moneys in excess of the costs of administration of the board and the department shall be expended only for fire prevention activities in counties with state responsibility areas.
(b)(1)The fund may also be used to cover the costs of administering this chapter.
(2)The fund shall cover all startup costs incurred over a period not to exceed two years.
(c)It is the intent of the Legislature that the moneys in this fund be fully appropriated to the board and the department each year in order to effectuate the purposes of this chapter.
(d)Moneys in the fund shall be used only for the following fire prevention activities, which shall benefit owners of habitable structures within the state responsibility areas who are required to pay the annual fire prevention fee pursuant to this chapter:
(1)Local assistance grants pursuant to subdivision (e).
(2)Grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps for fire prevention projects and activities in the state responsibility areas.
(3)Grants to a qualified nonprofit organization with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project applicable to the state responsibility areas. The department may establish other qualifying criteria.
(4)Inspections by the department for compliance with defensible space requirements around habitable structures in state responsibility areas as required by Section 4291.
(5)Public education to reduce fire risk in the state responsibility areas.
(6)Fire severity and fire hazard mapping by the department in the state responsibility areas.
(7)Other fire prevention projects in the state responsibility areas, authorized by the board.
(e)(1)The board shall establish a local assistance grant program for fire prevention activities designed to benefit habitable structures within state responsibility areas, including public education, that are provided by counties and other local agencies, including special districts, with state responsibility areas within their jurisdictions.
(2)In order to ensure an equitable distribution of funds, the amount of each grant shall be based on the number of habitable structures in state responsibility areas for which the applicant is legally responsible and the amount of moneys made available in the annual Budget Act for this local assistance grant program.
(f)By January 31, 2015, and and, notwithstanding Section 10231.5 of the Government Code, annually thereafter, the board shall submit to the Legislature a written report on the status and uses of the fund pursuant to this chapter. chapter, including an itemized accounting of all expenditures from the fund. The written report shall also include an evaluation of the benefits received by counties based on the number of habitable structures in state responsibility areas within their jurisdictions, the effectiveness of the boards grant programs, the number of defensible space inspections in the reporting period, the degree of compliance with defensible space requirements, measures to increase compliance, if any, and any recommendations to the Legislature.
(g)(1)The requirement for submitting a report imposed under subdivision (f) is inoperative on January 31, 2017, pursuant to Section 10231.5 of the Government Code.(2)(g)A report to be submitted pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code.
(h)It is essential that this article be implemented without delay. To permit timely implementation, the department may contract for services related to the establishment of the fire prevention fee collection process. For this purpose only, and for a period not to exceed 24 months, the provisions of the Public Contract Code or any other provision of law related to public contracting shall not apply.
|
Date
|
Status
|
|---|---|
| Aug 23, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Aug 24, 2018 | Re-referred to Com. on RLS. |
| Aug 21, 2017 | In committee: Hearing postponed by committee. |
| Aug 23, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS. |
| Aug 21, 2017 | Withdrawn from committee. |
| Aug 21, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jul 19, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jul 11, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (July 11). Re-referred to Com. on APPR. |
| Jun 21, 2017 | Re-referred to Com. on N.R. & W. |
| Jun 14, 2017 | Referred to Com. on RLS. |
| May 30, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 30, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1809.) |
| May 26, 2017 | From committee: Do pass. (Ayes 17. Noes 0.) (May 26). |
| Apr 5, 2017 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Mar 21, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (March 20). Re-referred to Com. on APPR. |
| Mar 15, 2017 | Re-referred to Com. on NAT. RES. |
| Mar 14, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. |
| Feb 6, 2017 | Referred to Com. on NAT. RES. |
| Jan 24, 2017 | From printer. May be heard in committee February 23. |
| Jan 23, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jul 11, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| May 30, 2017 | AB 211 BIGELOW Assembly Third Reading | Assembly Floor |
Passed |
|
| May 26, 2017 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 20, 2017 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Natural Resources |
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
|
|---|---|---|
| Amador County Board of Supervisors | ** Support | Jul 7, 2017 |
| Butte County Board of Supervisors | ** Support | Jul 7, 2017 |
| California Fire Chiefs Association | ** Support | Jul 7, 2017 |
| California Forestry Association | ** Support | Jul 7, 2017 |
| California Special Districts Association | ** Support | Jul 7, 2017 |
| El Dorado County Board of Supervisors | ** Support | Jul 7, 2017 |
| Fire Districts Association Of California | ** Support | Jul 7, 2017 |
| george runner, board of equalization | ** Support | Jul 7, 2017 |
| Howard Jarvis Taxpayers Association | ** Support | Jul 7, 2017 |
| Humboldt County Board of Supervisors | ** Support | Jul 7, 2017 |
| Lake County Board of Supervisors | ** Support | Jul 7, 2017 |
| Mariposa County Board of Supervisors | ** Support | Jul 7, 2017 |
| Placer County Board of Supervisors | ** Support | Jul 7, 2017 |
| Rural County Representatives of California | ** Support | Jul 7, 2017 |
| Siskiyou County Board of Supervisors | ** Support | Jul 7, 2017 |
| Tuolumne County Board of Supervisors | ** Support | Jul 7, 2017 |
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Robert Hertzberg, Chair
2017 - 2018 Regular
Bill No: AB Hearing Date: July 11, 2017
Author: | Bigelow | ||
Version: | June 14, 2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | William Craven | ||
Subject: State responsibility area fire prevention fees: reporting requirement
BACKGROUND AND EXISTING LAW
- Requires the Board of Forestry (Board) to classify all lands within the state for the purpose of determining areas in which the financial responsibility of preventing and suppressing fires is primarily the responsibility of the state.
- Declares that it is necessary to impose a fee to pay for fire prevention activities in the state responsibility area (SRA) that specifically benefit owners of structures in the SRA.
- Requires the Board to adopt regulations to establish the fee in an amount not to exceed $150, and allows the Board to adjust the fee every year for inflation. Requires the fee to be charged on each "structure" on a parcel that is within the SRA. Defines "structure" as a building used or intended to be used for human habitation, including a mobile home or manufactured home. Reduces the fire prevention fee by $35 if the structure is also within the boundaries of a local agency that provides fire protection services. Defines "owner of a habitable structure" as the person that is the owner of record of a habitable structure in the county tax assessor rolls or as recorded by the Department of Housing and Community Development (HCD) on July 1 of the state fiscal year for which the fee is due. Requires the Board of Equalization (BOE) to collect the fee.
- Requires the fee to be deposited in the State Responsibility Area Fire Prevention Fund, which is available to the Board and the California Department of Forestry and Fire Protection (CalFire) to expend for fire prevention activities that benefit the owners of structures within the SRA. Limits fire prevention activities to the following:
- Local assistance grants established by the Board;
- Grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps for fire prevention projects and activities in the SRA;
- Grants to a qualified nonprofit organization with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project applicable to the SRA;
- Inspections by CalFire for compliance with defensible space requirements around structures in the SRA;
- Public education to reduce fire risk in the SRA;
- Fire severity and fire hazard mapping by CalFire in the SRA; and,
- Other fire prevention projects in the SRA that are authorized by the Board.
- Requires, until January 31, 2017, the Board to report annually to the Legislature on the expenditure of SRA fees.
PROPOSED LAW
This bill reinstates annual reporting requirements regarding the expenditure of SRA fire fees and it transfers reporting responsibility to the CalFire from the Board and expands on previous reporting requirements.
Specifically, this bill:
- Extends the 2017 sunset on the SRA reporting so that it re-commences in 2018 and continues annually.
- Expands the reporting requirement by adding:
- An evaluation of the benefits received by counties based on the number of habitable structures in SRA within their jurisdictions, the number of defensible space inspections in the reporting period, the degree of compliance with defensible space requirements, and other items.
- An itemized accounting of all expenditures from the fund, including equipment expenditures, and a description of any positions that are associated with each expenditure.
- A description of each program, subprogram, and element for which the department uses the fund, including an itemized accounting of expenditures for each program, subprogram, and element.
- A description of grants awarded and expenditures of grant moneys.
- A description of actual expenditures for the previous fiscal year, estimated expenditures for the current fiscal year, and budgeted expenditures for the budget year.
- Recommendations to the Legislature including any recommendations on the status and use of the fund.
ARGUMENTS IN SUPPORT
According to the author, this bill provides accountability on expenditures made from the SRA fee. By extending the sunset indefinitely, the Legislature is ensuring responsibility of those dollars. Several rural counties, forestry groups, and anti-tax groups are also in support.
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
The Committee, having heard a range of anti-SRA bills over the years, is aware of the unpopularity of this fee in some areas of the state. Litigation against the fee is still in the courts. The author may want to consult with the administration regarding the prescriptiveness of the reporting requirements. That said, staff has no objection to extending the reporting requirement.
SUPPORT
Amador County Board of Supervisors
Butte County Board of Supervisors
California Fire Chiefs Association
California Special Districts Association
California Forestry Association
El Dorado County Board of Supervisors
Fire Districts Association of California
George Runner, Board of Equalization
Howard Jarvis Taxpayers Association
Humboldt County Board of Supervisors
Lake County Board of Supervisors
Mariposa County Board of Supervisors
Placer County Board of Supervisors
Rural County Representatives of California
Siskiyou County Board of Supervisors
Tuolumne County Board of Supervisors
OPPOSITION
None Received
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ASSEMBLY THIRD READING
ATR Bill Id:AB 211
Author:(Bigelow)
As Amended Ver:March 14, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Natural Resources | 10-0 | Cristina Garcia, Acosta, Travis Allen, Chau, Eggman, Flora, Limón, McCarty, Muratsuchi, Mark Stone | |
Appropriations | 17-0 | Gonzalez Fletcher, Bigelow, Bloom, Bocanegra, Bonta, Brough, Calderon, McCarty, Quirk, Fong, Friedman, Gallagher, Eduardo Garcia, Gray, Muratsuchi, Obernolte, Reyes |
|
SUMMARY: Reinstates annual reporting requirements regarding the expenditure of state responsibility area (SRA) fire fees. Transfers reporting responsibility to the Department of Forestry and Fire Protection (CAL FIRE) from the Board of Forestry and Fire Protection (Board), and expands on previous reporting requirements.
EXISTING LAW:
- Requires the Board to classify all lands within the state for the purpose of determining areas in which the financial responsibility of preventing and suppressing fires is primarily the responsibility of the state.
- Declares that it is necessary to impose a fee to pay for fire prevention activities in the SRA that specifically benefit owners of structures in the SRA.
- Requires the Board to adopt regulations to establish the fee in an amount not to exceed $150, and allows the Board to adjust the fee every year for inflation. Requires the fee to be charged on each "structure" on a parcel that is within the SRA. Defines "structure" as a building used or intended to be used for human habitation, including a mobile home or manufactured home. Reduces the fire prevention fee by $35 if the structure is also within the boundaries of a local agency that provides fire protection services. Defines "owner of a habitable structure" as the person that is the owner of record of a habitable structure in the county tax assessor rolls or as recorded by the Department of Housing and Community Development (HCD) on July 1 of the state fiscal year for which the fee is due. Requires the Board of Equalization (BOE) to collect the fee.
- Requires the fee to be deposited in the State Responsibility Area Fire Prevention Fund, which is available to the Board and CAL FIRE to expend for fire prevention activities that benefit the owners of structures within the SRA. Limits fire prevention activities to the following:
- Local assistance grants established by the Board;
- Grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps for fire prevention projects and activities in the SRA;
- Grants to a qualified nonprofit organization with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project applicable to the SRA;
- Inspections by CAL FIRE for compliance with defensible space requirements around structures in the SRA;
- Public education to reduce fire risk in the SRA;
- Fire severity and fire hazard mapping by CAL FIRE in the SRA; and,
- Other fire prevention projects in the SRA that are authorized by the Board.
- Requires, until January 31, 2017, the Board to report annually to the Legislature on the expenditure of SRA fees.
FISCAL EFFECT: According to the Assembly Appropriations Committee, any additional CAL FIRE reporting costs are absorbable through the redirection of existing staff.
COMMENTS:
- Background. California's SRA covers over 31 million acres and includes land in every county except San Francisco and Sutter. CAL FIRE operates more than 200 fire stations within the SRA, contracts with other firefighting agencies, and has a proposed wildland fire protection budget of $1.8 billion for this fiscal year. The fire protection budget includes, among other things, fire prevention activities such as brush clearance, defensible space inspections, fire breaks, and other measures to reduce the cost of firefighting, property loss, injury to firefighters, and damage to the environment.
CAL FIRE's fire protection budget has seen a steady increase over the years and is the largest budget in the Natural Resources Agency. In the 1996-97 fiscal year, CAL FIRE's fire protection budget was $266 million. This increase has been attributed in large part to the significant housing development at the boundaries between wildlands and urban areas, the heightened risk of catastrophic fires due to climate change and fire suppression activities over the last century, and increased staff costs.
- Fire Prevention Fee. In early 2011, the state was facing a $26.6 billion budget deficit, and an annual structural deficit of up to $21.5 billion was projected into the future. In March 2011, the Legislature passed $13.4 billion in budget solutions (consisting mostly of spending cuts) to address the deficit; however, there was still a shortfall of $10.8 billion. To assist in addressing the budget shortfall, the Legislature passed ABX1 29 (Blumenfield), Chapter 8, Statutes of 2011-12 First Extraordinary Session, which required the Board to adopt emergency regulations to establish a "fire prevention fee" not to exceed $150 for each structure on a parcel that is within the SRA. The fee was intended to fill a hole created by a $50 million General Fund cut to CAL FIRE in the 2011 budget bill. The fee generates approximately $80 million a year in revenues, which is used to enhance statewide fire prevention work, including local assistance grants. Recent local assistance grant awards have focused on responding to the tree mortality crisis in California where over 100 million trees have died. The local assistance grants help locals reduce wildfire and tree fall risks near homes in high tree mortality areas.
Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0000548
Date of Hearing: April 5, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 211
Author:(Bigelow) – As Amended Ver:March 14, 2017
Policy Committee: | Natural Resources | Vote: | 10-0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill reinstates and expands upon the annual reporting requirements relating to the expenditure of state responsibility area (SRA) fire fees. Specifically, this bill:
- Requires CalFire rather than the Board of Forestry and Fire Protection (Board) to prepare and submit the report.
- Adds specific information to the report on expenditures from each program, subprogram, and element for which CalFire uses funds generated by the fee. Adds a reporting requirement for actual and current year fiscal expenditures and budgeted expenditures.
- Requires an accounting of expenditures for equipment, staff positions associated with all expenditures, and a description of the grants awarded and how the grant-funds were spent.
FISCAL EFFECT:
Any additional Calfire reporting costs are absorbable through the redirection of existing staff.
COMMENTS:
- Purpose. This bill reinstates the SRA report indefinitely, clarifies what must be reported, and changes the reporting responsibility from the Board to CAL FIRE.
- Background. The state is responsible for wildland fire protection in state responsibility areas (SRA), which are generally defined to include most nonfederal timberlands, rangelands and watersheds thinly populated and not within the boundaries of a city. Over 31 million acres, much privately owned, are located in SRA. In the past, SRA lands were largely unpopulated. In recent years, however, local governments have allowed increased housing development in SRA but at a level of density that maintains the state's obligation to provide wildland fire protection.
As housing development in SRA increased, so did state fire protection costs. In 1996-97, the department spent $475 million on fire protection; in more recent years, CALFIRE's annual fire protection costs neared or surpassed $1 billion.
- SRA Fire Protection Fees. In 2011 the Legislature passed ABX1 29 (Blumenfield), requiring the Board of Forestry and Fire Protection to adopt emergency regulations to establish a fire prevention fee. The fee, not to exceed $150 on each structure, was to raise $50 million to fund CALFIRE fire prevention activities. In January 2012, the board issued its regulation, establishing a fee of $150 per habitable structure on a parcel located within SRA, with a $35 reduction for each habitable structure that is also within the boundaries of a local agency that provides fire protection services. Revenues from the fee are to be used exclusively for fire protection. In authorizing the fee, the Legislature recognized that individual owners within SRA received a disproportionately larger benefit from fire prevention activities than realized by the state’s residents generally.
- Previous Legislation. SB 1136 (Morrell, 2016) a similar measure, was held on suspense in this Committee.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: March 20, 2017
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Cristina Garcia, Chair
ABPCA Bill Id:AB 211 (
Author:Bigelow) – As Amended Ver:March 14, 2017
SUBJECT: State responsibility area fire prevention fees: reporting requirement
SUMMARY: Reinstates annual reporting requirements regarding the expenditure of state responsibility area (SRA) fire fees. Transfers reporting responsibility to the Department of Forestry and Fire Protection (CAL FIRE) from the Board of Forestry and Fire Protection (Board), and expands on previous reporting requirements.
EXISTING LAW:
- Requires the Board to classify all lands within the state for the purpose of determining areas in which the financial responsibility of preventing and suppressing fires is primarily the responsibility of the state.
- Declares that it is necessary to impose a fee to pay for fire prevention activities in the SRA that specifically benefit owners of structures in the SRA.
- Requires the Board to adopt regulations to establish the fee in an amount not to exceed $150, and allows the Board to adjust the fee every year for inflation. Requires the fee to be charged on each “structure” on a parcel that is within the SRA. Defines “structure” as a building used or intended to be used for human habitation, including a mobile home or manufactured home. Reduces the fire prevention fee by $35 if the structure is also within the boundaries of a local agency that provides fire protection services. Defines “owner of a habitable structure” as the person that is the owner of record of a habitable structure in the county tax assessor rolls or as recorded by the Department of Housing and Community Development (HCD) on July 1 of the state fiscal year for which the fee is due. Requires the Board of Equalization (BOE) to collect the fee.
- Requires the fee to be deposited in the State Responsibility Area Fire Prevention Fund, which is available to the Board and CAL FIRE to expend for fire prevention activities that benefit the owners of structures within the SRA. Limits fire prevention activities to the following:
a) Local assistance grants established by the Board;
b) Grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps for fire prevention projects and activities in the SRA;
c) Grants to a qualified nonprofit organization with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project applicable to the SRA;
d) Inspections by CAL FIRE for compliance with defensible space requirements around structures in the SRA;
e) Public education to reduce fire risk in the SRA;
f) Fire severity and fire hazard mapping by CAL FIRE in the SRA; and,
g) Other fire prevention projects in the SRA that are authorized by the Board.
- Requires, until January 31, 2017, the Board to report annually to the Legislature on the expenditure of SRA fees.
FISCAL EFFECT: Unknown
COMMENTS:
- Background. California’s SRA covers over 31 million acres and includes land in every county except San Francisco and Sutter. CAL FIRE operates more than 200 fire stations within the SRA, contracts with other firefighting agencies, and has a proposed wildland fire protection budget of $1.8 billion for this fiscal year. The fire protection budget includes, among other things, fire prevention activities such as brush clearance, defensible space inspections, fire breaks, and other measures to reduce the cost of firefighting, property loss, injury to firefighters, and damage to the environment.
CAL FIRE’s fire protection budget has seen a steady increase over the years and is the largest budget in the Natural Resources Agency. In the 1996-97 fiscal year, CAL FIRE’s fire protection budget was $266 million. This increase has been attributed in large part to the significant housing development at the boundaries between wildlands and urban areas, the heightened risk of catastrophic fires due to climate change and fire suppression activities over the last century, and increased staff costs.
- Fire Prevention Fee. In early 2011, the state was facing a $26.6 billion budget deficit, and an annual structural deficit of up to $21.5 billion was projected into the future. In March 2011, the Legislature passed $13.4 billion in budget solutions (consisting mostly of spending cuts) to address the deficit; however, there was still a shortfall of $10.8 billion. To assist in addressing the budget shortfall, the Legislature passed ABX1 29 (Blumenfield), Chapter 8, Statutes of 2011-12 First Extraordinary Session, which required the Board to adopt emergency regulations to establish a “fire prevention fee” not to exceed $150 for each structure on a parcel that is within the SRA. The fee was intended to fill a hole created by a $50 million General Fund cut to CAL FIRE in the 2011 budget bill. The fee generates approximately $80 million a year in revenues, which is used to enhance statewide fire prevention work, including local assistance grants. Recent local assistance grant awards have focused on responding to the tree mortality crisis in California where over 100 million trees have died. The local assistance grants help locals reduce wildfire and tree fall risks near homes in high tree mortality areas.
- Related/Previous legislation.
SB 1136 (Morrell, 2016) was almost identical to this bill and was held in Assembly Appropriations Committee.
SB 9 (Gaines) repeals the SRA fee. This bill is scheduled to be heard in Senate Natural Resources and Water Committee on March 28, 2017.
AB 288 (Obernolte) extends the deadlines to either pay the SRA fee or file a petition for redetermination of the fee from 30 days to 60 days. This bill is scheduled to be heard in this committee on April 3, 2017.
REGISTERED SUPPORT / OPPOSITION:
Support
El Dorado County Board of Supervisors
Howard Jarvis Taxpayers Association
Mariposa County Board of Supervisors
Rural County Representatives of California
Sen. George Runner, Member, State Board of Equalization
Supervisor Hank Weston, Nevada County Board of Supervisors, District 4
Opposition
None on file
Analysis Prepared by: Michael Jarred / NAT. RES. /
Discussed in Hearing
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Bill Co-Author(s):
