HomeMy WebLinkAboutNovember 6, 2018 - Califorrnia General Election - Text of Pr m Ai.EX PADILLA I SECRETARY OF STATE I STATE OF CALIFORNIA
_ i ELECTIONS DIVISION
1500 1 1'h Street, 51h Floor,Sacramento,CA 95814 Tel 916.657.2166 Fax 916.653.3214 www.sos.ca.gov
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To Whom It May Concern:
We are pleased to provide the California Voter Information Guide for
the November 6, 2018, General Election, which has been prepared
by this office to assist California voters in determining how to cast
their votes on statewide ballot measures and candidates on Election
Day. These guides are being distributed to you as required by
Section 9096 of the California Elections Code.
If you would like additional copies of the guide, please contact the
Secretary of State's Elections Division at (916) 657-2166.
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N o v e m b e r 6 2 0'\�vI\II,,`,, 8
Polls Are Open From 7.00 a.m. to 8.00 p.m. on Election Day!
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Cert€ficate of correctness
�? I, Alex Padilla, Secretary of State of the State of California, do f ereby
certii/filat the measures int:luded herein will be s ibrn;tte-d to the electors
of the State of California at the General Election to be held thro;i ho;it
aa¢
the State on Nowernber h, 2u18, and that'his guide has been correctly
prepared in accordance with the I aw. Witness n-,y har}d and t-N (;goat Sea
m of the State in Sacraento, California.,this 13t day of 2C18.
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3 0 R IA
Alex Padilla, Secretary of State
VOTER\y�������� BILL ��[�
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YOU HAVE THE FOLLOWING RIGHTS:
The right to vote if you are a registered voter. The right to get help casting your ballot
You are e|i8ib|etovote if you are: l�Q� from anyone you choose, except from your
w a U.S. citizen living in California employer or union representative.
� at !east 18 years old
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� not currently in state or federal prison vote-by-mail ballot adany polling place in
or on parole for the conviction of a California.
felony
w not Currently found mentally The right b0 get election materials in
incompetent to vote by a court language other than English if enough peop|e
in your voting precinct speak that language.
The right to vote if you are a registered voter
ex9O if your Da09 is not on the list. You The right to ask questions to elections
will vote using a provisional ballot. Your officials about election procedures and
vote will be counted if elections officials watch the election process. If the person
determine that you are eligible tovote. you ask cannot answer your questions, they
must send you -to the right person for an
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anyone bothering you nr telling you how to election activity to an e!eotions official or
vote. the Secretary nfState'a office.
0 On the web atwww.SGs.ca.gOv
The right tO get @Oeb@l|OtifyUuh@v� r8Gd� 4� ByPh
w/ oneat (8DD) 345-V0TE (8683)
@ 0ist@ke, if You have not already cast your [5,--q By email at e|GcdDQS@SDS.ca.8Qv
ballot. You can:
Ask an elections official at polling place
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Exchange your vD8G'by-0ai| ballot for a
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IF YOU BELIEVE YOU HAVE BEEN DENIED ANY OF THESE RIGHTS, CALL THE SE(,RETARY OF STATE;S
CONFIDENTIAL TOLL-FREE VOTER HOTLINE AJ(800)345-VOTE (86Q3).
�
TEXT OF PROPOSED LAWS
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PROPOSITION 1 54026) be deposited In the fund and used to
fund the housing-related programs described in
This law proposed by Senate Bill 3 of the this chapter. The proceeds of bonds issued and
2017---2018 Regular Session (Chapter 365, sold pursuant to this part for the purposes
Statutes of 2017) is subr-nitted to the people in specified in this chapter shall be allocated in
accordance ance with the provisions of Article XVI of the following rnanneo
the California Constitution. "a I ) One billion five hundred mil ion dollars
This proposed law adds sections to the Health ($1,500,000,000) to be deposited in the
and Safety Code and the Military and Veterans Housing Rehabilitation Loan Fund established
Code: therefore, new provisions proposed to be pursuant to Section 50661. The moneys in the
added are printed in Italic type to indicate that fund shall be used for the Multifamily Housing
they are new. Program authorized by Chapter 6.7
,cornmencirig rbith Sect-ion 50675) of Part 2, to
PROPOSED LAW be expended to assist in the new construction.,
SEC. S. Part 16 (cornrylencing with Section rehabilitation, and preservation or permanent
54000) is added to Division 31 of the Health and transitional rental housing for persons wit[,,
and Safety Code, to read: incomes of up to pe
rcent ercent of the area median
P�
'ERANS AND AFFORDABLE income (AMI). These fund,, may also be used to
PART 16 VE7, provide technical assistance pursuant to
HOUSING BOND ACT OF 20.18 Section 54007.
Ci-lAFTEF 1. GENERAL PROVISIONS (b) One hundred fifty million dollars
54000. Together with Article 57 (commencing ($150,000,000) to be deposited into the
with Section 998.600) of Chanter 6 of Transit-Oriented Development Irriplementation
P, I
Division 4 of the Military and Veterans Code, Fund, established pursuant to Section 53561,
this part shall be knomn, and may be cited, as for expenditure, upon appropriation by the
the Veterans and Affordable Housing Bond Act Legislature, pursuant to the Transit-Oriented
of 2018. Development Implementation Program
54002. As used in this part, the following authorized b Part 13 1' with
Y ,commencmg
terms have the following meanings: Section 53560) to provide local assistance to
Cities, counties! cities and counties, transit-
(a) "Board" means the Department of Housing agencies, and developers for the purpose of
and Communit Development for programs developing or facilitating the development of
administered by the department, and the higher I Y densit uses within close proximity to
California Housing Finance Agency for programs
the agency. transit stations that wil increase public transit
administered b
Y ridership. These funds may also be expended for
("b) "Committee" means the Housing Finance any authorized purpose of this program and for
authorized
Committee created pursuant to Section 53524 state incentive programs, including loans and
and continued in existence pursuant- to Sections grants, within the department. Any funds not
53548 and 54014. encumbered for the purposes of this subdivision
(c) "Fund" means the Affordable Housing Bond by November 6, 2028, shall revert for general
Act Trust Fund of 2018 created pursuant to use in the Multifarnily Housing Prograrr?
Section 54006. authorized by Chapter 6.7 (commencing with
54004. This part shall only becorne operative Section 5067-5) of Part- 2, unless the
b he voters at the Noven,,ber 6, De'Dartment oil HOUSing and Community
upon adoption .
y the ,Development determines that fund,, should
20.18, statewide general election.
revert sooner due to dim';nLshed demand.
LIKAPTER 2. Af--Fo-RE,,APL_E HOUSING BOND&T 4
I'd Three hundred millinn dollars
Tf?,,jST FUND oi, 20.1.8 AND PROGRAM
($300,000,000) to be deposited In the
54006. The Affordable Housing Bond Act Regional Planning, Housing,, and /nfil/ Incentive
Trust Fund of 20.1.8 is hereby created within the Account, which is here4y created within the
State Treasury. It is the intent of the Legislature fund. Moneys in the account shall be available,
that the proceeds of bonds klexc/usive of upon appropriation by the Legislature, pursuant
-refunding bonds issued pursuant to Section to the Infill Incentive Grant Prograrn of 2007
Text of Proposed Laws 3
T XT OF PROPOSED LAWS PROPOSITION I CONTINUED
established by Section 53545.13 for infill' mobi,lehon7e parks, or other housing. These
incentl.ve grants to assist in the new construction funds !,,)a.Y also be expended for any authorized
and rehabilitation of infrastructure that supports purpose of this program.. These funds may also
high-density affordable and mixed-MCOn'le be used to provide technical assistance pursuant
housing in locations designated as infill, to Section 54007. Any funds not encumbered
including h I
, but not lirnited to, any of t e for the DUrPOSeS of this subdivision by
following:
o,I,low,,.ng: November 65, 2028, shall revert for general use
(1) Park creation, development, or rehabilitation in
n the Multifamily Housing Program authorized
to encourage infill development. by Chapter 6.7 (commencing with Section
W 50675) of Part 2, unless the Departtnent of
(2) ater, sevvor, or other public infrastructure
Housing and Con-irriunity Developl-rient
costs associated with infill development. determines that funds should revert sooner due
(3) Transportation improvements related to infill to diminished demand.
development pro-jects. (f) Three hundred million dollars
Traffic mitigatio
n.'- , 10 n. ($300,000,000) to be deposited in the
these funds may also be expended for any Affordable Housing Innovation Fund established
authorized purpose of this program, Any funcjs pursuant to subparagraph (F) of paragraph (1)
,not encumbered for the purposes of this of subdivision (a) of Section 53545. Mono in
subdivision bar November { shall revert, the fund shall be available, upon appropriation
6, 28,
I by the Legislature, pursuant to the L.ocal
for general use in the Multifamily Housing
Housing Trust Fundd
Matchirlp Grant Program
Prog-ran) authorized by Chapter 6.7
(commencing with Section 50675) of Part 2, established by Section 50842.2 to fund
competitive grants or loans to local' housing
unless the Department of Housing and -trust funds that develop own, lend, or invest in
COMMunity Development determines that funds ,affordable housing and used to create pilot
should revert sooner due to diminished demand. programs to demonstrate innovative, cost-saving
(d) On e hundred fifty million dollars approaches to creating or preserving affordable
($150,000,000) to be transferred to the Self- housing, Local housing trust funds shall' be
Help Housing Fund established pursuant to derived, on an ongoing basis from private
Section 50697.1, Notwithstanding Section contribution or governmental sources that are
13340 of the Government Code and Section not otherwLe restricted ted ;n use for housing
50697.1, these funds are here-by continuously programs. These funds may also be expended
appropriated to the Department oil Ho-using and
P, for any authorized purpose of this program. Any
Community Development without regard to funds not encirnbered for the purposes of this
fiscal years, which funds shall be transferred by subdivision by November 6, 2028, shall revert
the de'T,)artrnent to the California Housing for general use in the Multifamily Housing
Finance Agency for purposes of the horne Program m authorized by Chapter 6.7
purchase assistance program established (commencing with Section 50675) of Part 2,
pursuant to Chapter 6.8 (corrimencing with unless the Department of Housing and
Section 5.1.341) of Part S. Community Development determines that funds
k( Three hundred should revert sooner due to diminished demand.
I ,ed million dollars
($300,000,000) to be deposited in the (g) Three hundred million dollars
Joe Serna, Jr. Farn-iworker Housing Grant Fund, 300,000,000) to be deposited in the Self-
established -pursuant to Section 505.17.5, to Help
T) Housing Fund established pursuant to
fund grants or loans, or both, DU'ViC for local I public Section, 50697.-1. The moneys in the fund shall
entities, nonprofit corporations, limited liability be available for the CalHon,,e Prqcran7
companies, and limited partnerships, for the authorized b Chapter 6 (commencing with
Y
construction or rehabilitation of housing for Section 50650) of Part 2, to provide direct,
agricultural employees and their families or for forgivable loans to assist development projects
the acquisition of manufactured' housing as part involving multiple 1101-11e ownership units,
of a program to address and remedy the impacts inc.luding single-family subdivisions, for self-
of current and potential dis,placement of help mortgage assistance programs, and for
farrnworker families from existing labor camps, manufactured homes. These funds may also be
4 1 Text of PrOr--OSEA Laws
TEXT OF PROPOSED LAWS PROPOSITION I CONTINUED
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expended for an authorized put-pose of this (1) "'Eligible city" means a city that is located
Y k
program. At least thirty million dollars within a county with a population of
($30,000,0001) of the amount deposited in the 150,000 residents or fe vver.
Self-Help Housing F-und shall be used to provide
,2) "Eligible county" means a county w untith a
popuk I I
grants or forgivable loans to assist in the -it I on of .150,000 residents or fewer.
rehabilitation Or reD/acerrient, or both, of
(3) "Technicai assistance" includes engineering
existing mobilehomes located in a mobi/ehorne assistance stance and environmental' review related to
or !,nanufactured home community. These funds may also be used to provide technicalan a ffordable housing project and
assistance .
pursuant to Section 54007. Any funds not reimbursement of administrative costs related to
. Iq.olv. .lon developing a grant proposal.
encumbered for the purposes of this subis
by November 6, 2028, shall revert for general 54008. (a) The Legislature may, from time to
use in the Mult-itamfly Housing Program, tirrie, amend any law related to prograrris to
authorized by Chapter 6 7 (commencing with which funds are, or have been, allocated
Section 5b675) of Part 2, unless the pursuant to this chapter for the purposes of
Departt,nent of Housing and Community improving the efficiency and effectiveness of
Development determines that funds should those prograrris or to further the goals of those
revert sooner due to diminished dernand. programs.
54007. (a) (1) Notwithstanding any other (b) The Legislature may amend this chapter to
p ision of this part, the Department e -1,3
rov tinent of reallocate the proceeds of bonds issued and
Housing and Community Development may sold pursuant to this part among the programs
provide technical assistance to eligible counties to which funds are to be allocated pursuant to
and eligible cities, or developers of affordable this chapter as necessary to effectively promote
housing within eligible counties and el'gib/e the development of affordable housing in this
cities, to facilitate the construction of housing state.
for the target populations for the foll/Owing 54009. Programs funded with bond proceeds
programs funded pursuant to this part: shall, when allocating financial Support, give
(A) The Miltifarnity Housing Program (Chapter preference to projects that are "public works"
t.
6.7 (cnim oencing with Section 500-75) of for purposes of Chapter I (corn men with
th
Part 2). Section 1720) of Part 7 of Division 2 of the
Labor Code and other projects on which all
(13) The Joe Serna, Jr. Farmworker Housin p
g
Grant Program (Chapter 3.2 (commencing with comstmction workers will be paid at least the
S g el-)
.section 50515.2) of Part 2). , eral prevailing rate of per diem wages as
determined by the Director of Industrial
C) The CalHorrie Program (Chapter 6 j?e1a,tl-
ons.
(commencing with Section 50650) of Part 2-). Ci-,,,APTE,? 3. F.1SCAL PROV/SiONS
(P) Technical assistance pursuant to this 54010. Bonds in the total arnount of
section shall be provided using the bond three billion dollars ($3,000,000,000),
proceeds allocated pursuant to Section 54006 exclusive of refunding bonds issued pursuant to
to the program for which the technical Section 54026, or so n7uch thereof' as is
assistance is provided. necessary as determined by the corrimittee.' are
(3) The Department of Housing and Community hereby authorized to be issued and sold for-
Development shall not provide n7ore than
carrying out the purposes expressed in this part
three hundred sixty thousand dollars
($360,000) total in technical' assistance and to reimburse the General Obligation Bond
pursuant to this section, and an eligible count Expense Revolving Fund pursuant to Section
1-Y 16724.5 of the Government Code. All bonds
or eligible city shall not receive more than heroin authorized which have been duly issued,
thirty thousand dollars ($30,000) in technical sold, and delivered as provided heroin shall
assistance annual/yf
constitute valid and binding general obligations
(b) For .[)ur,Doses of this section, the following of the state, and the ful'i faith and credit of the
definitions shall apply: state is hereby pledged for the punctual
1'ext o' Prop
, ! nosed laws
T XT OF PROPOSED LAWS PROPOSITION I CONTINUED
paynnent of both principal of and interest on addition to the ordinary revenues of the state,
those bonds when due. sufficient to pay the principal
pal of, and interest
54012. The bonds authorized by this part on, the bonds each year. It is the duty of all
shall be prepared, executed, issued, sold, ,paid,
officers charged by law with any duty in regard
St and redeemed as provided in the ate General to the collections of state revenues to do or
Obligation Bond Law (Chapter 4 (cointriencing perform each and every act which is necessary
with Section 16720) of Part 3 of Division 4 of to collect that additional sum.
Title 2 of the Government Code), except 54020. Notwithstanding Section 13340 of
subdivisions (a) and (b) of Section 16727 of the the Government Code, there is hereby
Government Code, and all of the provisions of appropriated from the General Fund in the State
that law as amended from) time to time app/v to Treasury, for the purposes of this part, an
the bonds and to this part, except as provided in amount that will equal the total of both of the
Section 54028, and are hereby incorporated in folio wing:
this part as though set forth In full in this part. (a;
) The sum annually necessary to pay the
54014. (a) Solely for the purpose of principal 11.i ipal o f and interest
terest on, bonds issued and
authorizing the issuance and sale, pursuant to sold pursuant to this part,
as the principal and
the State General Obligation Bond Law, of the interest become due and payable.
bonds authorized.by this part, the corninittee isbl n-,The sum which is necessary to carry out
continued in existence.
stence. For the purposes of this
Section 540
,part, the Housing Finance Committee is "'the 24, appropriated without regard to
con)[Pittee" as'that term is used in the State fiscal years.
General Obligation Bond Law. 54022. The board n)ay request the Pooled
(b) The Department of Housing and Community Money Investment Board to rnake a loan from;
Devel0i)rnent may adopt guidelines establishing the Pooled 'Money'y Investment Account., in
accordance with Section 16-3112 of the
requirements for administration of its financing Government Code, for purposes of this part. The
programs. The guidelines shall not constitute
rules, regulations, orders, or standards of amount of the request shall' not exceed the
mount of the unsold bonds that the corninittee
general application and are not subject to amount d resolution I
Chapter 3.5 (commencing with Section has, by resolull authorized to be sold,
1.1.340) of Part 1 of Division 3 of Title 2 of the excluding any refunding bonds authorized
Government Code. pursuant to Section 54026, for purposes of this
n
part, less any amount loaned pursuant to this
(c) For the PLI,-POSOS of the State General section and not yet repaid and any arnount
Obligation Bond Lavv, the Department of withdrawn from the General Fund pursuant to
Hoising and Community Development is Section 54024 and not yet returned to the
designated the "board" for programs General Fund. The board shall execute any
administered by the department, and the documents as required by the Pooled Money
California Housing; Finance Agency is the Investment Board to obtain- and repay the loan.
"board" for programs administered by the Any amount loaned dial'I be deposited in the
agency. fund to be allocated in accordance with this
54016. Upon request of the board stating that part.
funds are needed for purposes of this part, the 5 f L,
I , 4024. For purposes of carrying out this par,
con)mittee shall determine whether or not it is the Director of Finance may. by executive order.
authorize or desirable to issue bonds, and, if so, authoze the withdrawal fro,In the General Fund
the arriount of bonds to be issued and sold. of any amount or amounts not to exceed the
Successive issues of bonds may be authorized amount of the unsold bonds that the committee
and sold to carry out those actions progressivel-Y, has, by resolution, authorized to be sold,
and are not required to be sold at any one time. excluding any refunding; bonds authorized
Bonds n7ay bear interest subject to -federal pursuant to Section 54026, for purposes of this
income tax,
part, less any amount loaned pursuant to
54018. ',here shall be collected annually, in Section 54022 and not yet repaid and any
the same manner and at the same time as other amount withdrawn from, the General Fund
state revenue is collected, a sum of money in pursuant to this sec Ition and not yet returned to
6 1 Text of PrOr--OSEA Laws
TEXT OF PROPOSED LAWS PROPOSITION I CONTINUED
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the General Fund. Any amounts withdrawn shall other advantage under federal law on behalf of
be deposited in the fund to be allocated in the funds of this state.
accordance with this part. Any moneys made
54034. All moneys derived from promiun,,s
available under this section shall be returned to and accrued interest on bonds sold pursuant to
the General Fund. DILIS the interest that the thh part shall be transferred to the General
arno,ints would have earned in the Pooled Fund as a credit to expenditures for bond
Money hivestarent Account, from mOney,13 interest; provided, however, that amounts
received from, the sale of bonds which would derived from premiums may be reserved and
otherwise be deposited in that fund. used to pay the costs of bond issuance prior to
,,�Z026. The bonds may be re-funded in transfer to the General Fund.
accordance -with Article 6 (conimencing with SEC. 4. Article 5z (con-Irnencing with Section
Section .16780) of Chapter 4 of Part 3 of 998.600) is added to Chapter 6 of Division 4 of
Division 4 of Title 2 of the Government Code. the Military and Veterans Code, to read:
Approval by the electors of this act shall Article 5z. The Veterans and Aft6rdabie
constitute approval of any refunding- bonds Housing Bond Act of 20.18
issued to refund bonds issued pursuant to this
" 998.600. Together with Part- 16 (commencing
part, including any prior issued refunding
bonds. any bond refunded with the proceeds of with Section 54000) of Division 31 of the
a refunding bond as authorized bar ,
Health and Safety Code, this article shall be
this section maybe legally defeased to the extent perm known and may be cited as the Veterans anditted Affordable Housing Bond Act of 2018.
by law in the manner and to the extent set forth
in the resolution, as amended from tirne to time, 998.60.11. (a) The State General Obligation
authorizing that refunded bond. Bond Law (Chapter 4 (commencing with Section
16720) of Part 3 of Division 4 of Tit'le 2 of the
54028. Notwithstanding any provisions in the Government Code), as arnended from time to
State General Obligation Bond Law, the maturity except as otherwise provided herein, is
time,
date of any bonds authorized by this part shall adopted for the purpose of the issuance, sale,
not be later than 35 years from the date of each and repayment of, and otherwise providing with
such bond. The maturity of each series shall be respect to, the bonds authorized to be issued by
calculated from the date Of issuance of each this article, and the provisions of that law are
bond. included in this article as though Set Out in full
54030. The Legislature hereby finds and in this article. All references in this article to
declares that, inasmuch as the proceeds from "herein" refer both to this article and that law.
the sale of bonds authorized by this part are not (b) For purposes of the State General Obligation
proceeds of taxes"' as that term is used in Bond Law, the Department of Veterans Affairs is
Article X111B of the California Constitution, t! e designated the board.
disbursement of these proceeds is not subject -098.602. AS used herein, the following terms
to the limitations imposed by that article. have the following meanings:
54032. Notwithstanding any provision of the I
" rep 6a) "Board" means the Department of Veterans
State General Obligation Bond Law frith
regard affair's.
to the proceeds from the Safe of bonds (b) "Bond" rneans a veterans' bond. a state
authorized by this part that are Subiect to
general obligation bond, issued pursuant to this
investment under article 4 (commencing with article
e adopting the provisions of the State
Section 16-470) of Chapter 3 of Part 2 of General Obligation Bond Law.
Division 4 of Title 2 of the Government Code,
the Treasurer may maintain a separate account (c) `:Bond act" means this article authorizing
L
for investment earnings, may order the payment the issuance of state general obligation bonds
of those earnings to comply wit[,, any rebate and adopting
pting the State General Obligation Bond
requirement applicable
p v,licable under federal la� and Law bYreference.
may otherwise direct the use and investment of (d) "Committee" means the Veterans Finance
those proceeds so as to maintain the tax-exempt Committee 01 c 1943, established by
stati
cs-is of tax s tax-exempt bond,� and to obtain any Section .
1 exl�' o' Pro,
, ! nosed Laws 1 7
T XT OF PROPOSED LAWS PROPOSITION I CONTINUED
(e) "'Fund" means the Veterans' Farm and This Subdivision does not grant any lien on the
-------------------------------- Home Building Fund of 1943, established by fund, the e Payment Fund, or the moneys therelf)
u
Section 988. to the holders of any bonds issued under this
ff) "Pay! )ent Fund" means the Veterans' [30r, article. For the purposes of this subdivision,,d,,3 Ic
Payment Fund established by Section 988.6. "debt service" rneans the principal I par I (whether
99&603. For the purpose of creating a fund due at t maturity, by redemption, or acceleration),
to DrOvide farm and home aid for veterans in PreM!uM1 it any', or interest payable on any date
accordance with the Veterans' Farm and Home with respect to any series of bonds. This
in the case
Purchase-jrchase Act of 1974 (Article 3.1 (commen subdivision shall not apply, however`
(commencing subdivision
any debt service that is payable from the
w1th Section 987.50)), and of ai/ acts ro eeds of any refunding bonds.
amendatory thereof and supplemental thereto, P c
the committee may create a debt or debts, 998.605. There is hereby appropriated from
ies -
liability or liabilities, Of the State of California, the general Fund, for purposes of this article, a
in the aggregate anfount of not more than sum of money that will eqfa/ both 0-11' the
one billion dollars ($1,000,000,000), exclusive f0110Wing:
of refunding bonds., In the manner provided (a) That sun, annually necessary to pay the
herein. principal of, and the interest on, the bonds
998.604. (a) All bonds authorized by this issued and sold as provided herein, as that
article, when duly sold and delivered as provided principal and interest become due and payable.
L herein, constitute valid and legally g bindin
general obligations of the State of California, (b) That Sum necessary to carry out Section
t
and the full faith and credit of the State of 998. o fi scal606, appropriated without regard L
California I,, hereby pledged lot- the punctual years
payment of both principal and interest thereof. 998.606. For the purposes of this article, the
/1, Director of Finance y, by executive or-der,
k.) there shall be collected annually, in the authorize the withdrawal from the General Fund
,same manner and at the same time as other I
state revenue is collected, a sum of money, I.n OT a sun-, of money not to exceed the amount of
addition to the ordinary revenues of the state the unsold bonds which have been authorized, try the committee to be sold pursuant to this
sufficient to Day the principal of, and interest
article. Any sums withdrawn shall be deposit-ea
on, these bonds as provided herein, arid all
11 in -the fund. All moneys made available under
officers •required by law to perform any duty in
regard to the collection of state revenues shall this
nfis section to the board shall be returned by
collect this additional sum. the board to the General Fund, plus the interest
that the amounts would have earned in the
(c) Or,, the dates on which funds are to be Pooled Money Investtnent Account, from the
remitted pursuant to Section 16676 of the sale of bonds for the purpose of carrying Out this
Government Code for- the payment of debt article.
service on the bonds in each fiscal year, -there
shall be transferred to the Payment Fund to pay 998.607. The board may request the Pooled
the debt service all of the nionejl in the fund Mone'y Investment Board to make a loan from
not In excess of the amount of debt Service then the Pooled honeyInvestment Account, i rt
due and payable. if the money transferred on accordance with Sec tion 16312 of Me
the remittance dates is less than debt service Government Code, for the put-poses of carrying
then due and payable, the balance remaining out this article. The amount of the request shall
unpaid shall be transferred to the General Fund not exceed the amount of unsold bonds which
out of the fund as soon as it shall become the committee has, by resolution, authorized to
available, together with interest thereon frol-p, be sold for the purpose of carlying out this
the remittance date until paid, at the same rate article. The board shall execute whatever-
of interest as borne by the bonds, compounded documents are required by the Pooled Money
senriannualtv. Notwithstanding al,,,/ other Investment Board to obtain and repay the loan.
provision of law to the contrary, this subdivision Any amounts loaned shall be deposited in the
shall apply to all veterans' farm and home fund to be allocated by the board in accordance
purchase bond atcts pursuant to this chapter. with this article.
Text of PrOr--OSEA Laws
TEXT OF PROPOSED LAWS PROPOSITION I CONTINUED
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9.98.608. Upon request of the board, 998.612. Any bonds issued and sold pursuant
supported by a statement of its plans and to this article may be refunded in accordance
projects approved by the Governor. the with Article to (commencing with Section
committee shall determine whether to issue any 167,80) of Chapter 4 of Part 3 of Division 4 of
bonds authorized under this article in order to Title 2 of the Government Code. The approval of
carry out the boards plans and projects, and, if the voters for the issuance of bonds under this
so, the amount of bonds to be issued and sold. article includes approval for the issuance of
Successive issues of bonds may be authorized bonds issued to refund bonds originally issued
and sold to carry out these plans and pro"iects or an,V previously refunding bonds.
progressively, and it is not necessary that all of 998.613. Notwithstanding any provision
st on of
the bonds be issued or sold at any one time. the bond act, if the Treasurer sells bonds Linder
99&609. (a) As long as an V bonds authorized this article for which bond issued
has counsel s d
U I
Linder this article are outstanding, the Secretary an opinion to the effect that the interest ofr the
of Veterans Affairs shall, at the close of each bonds is excludable from gross income for
to a
fiscal ncial purposes of federal income tax, subject- arty
iscal year. require a survey of the fir,a
condition of the Division of Farm. and HO/77e conditions which may be designated, the
Purchases, together with a prqiection of the Treasurer may establish separate accounts for
division's operations, to be made by an the investment of bond proceeds and for the
in
dependent public accountant of recognized earnings or,, those proceeds. and May use those
standing. The results of each survey and proceeds or earnings to pay any rebate, penalty,
projection shall be reported in writing by the or other payment required by federal law or take
public accountant to the Secretary of Veterans any other- action with respect to the investment
Affairs, the California Veterans Board, the and use o'T w'bond Droceeds required or permitted
appropriate policy committees dealing with tinder- federal la necessary to maintain the tax-
veterans affairs it? the Senate and the Assemb/y I y exempt Status of the bonds or to obtain any
and the committee. other. advantage tinder federal law on behalf of
6b) The Division of Farm and Home Purchases the funds of this state.
shall reimburse the public accountant for these 9.98.614. The Legislature hereby finds and
set-vices out of any money that the division may declares that, inasmuch as the proceeds from
have available or,, deposit -with the Treasurer. the sale of bonds authorized by this article are
998.610. (a) The convniftoe may authorize not "Proceeds of taxes" as that term is used in
the Treasurer to sell all or any part of the bonds Article X111B of the California Constitution, the
authorized by this article at the time or times disbursement of those proceeds is not subject
established by the Treasurer. to the limitations irri.posedby Article X111 B.
(b) Whenever the committee deems it necessary
for an effective sale of the bonds, the committee PROPOSITION 2
may authorize the Treasurer to sell any issue Of i
This law proposed by Assembly dill 1827 of the
bends a t less than their par value,U 2017-2018 Regijlar Session (Chapter 41,
notwithstanding :section .16754 of the Statu-tes of 2018) is submitted to the people in
Governi-rient Code. However, the discount on the accordance with Section 10 of Article 11 of the
bonds shall not exceed 3 percent of the par California Constittition.
value there-of.
99&611. Out of the first money realized from This proposed law an-lends and adds sections to
t the Welfare and Ins+'"Wtions Code; therefore,
be
sale of bond s as provided herein, there, shall provisions proposed to be deleted are printed in
ke redeposited in the General Obligation Bond e
Expense Revolving Fund, established by Section stirikeat-A typ i e and new provisions to be added
16724.5 of the Government Code, the amount are printed in italic type to indicate that they
of all expenditures made for the put-poses are new,
specified it, that section, and this may
PROPOSED LAW
be used for the same purpose and repaid in the
same manner whenever additional bond sales SECTION 1. The voters hereby find and
are made, declare that housing is a key factor for
'ext 0; propo5ed 1 aws 9 1, �! _', L
T XT OF PROPOSED LAWS PROPOSITION 2 CONTINUED
stabilization and recovery from men-Lai illness following six--month period to the department
and reSLI1tS in improved outcomes for :individuals pursuant to any service contract entered into
I
living with a mental illness. The Mental Health pursuant to paragraph (2).
Services Act, an initiative measure enacted by
the voters as Proposition 63 at the November ,
(b) The department may do al'I
of the following:
2004, statewide general
eral election, must (1) E-nter into one or more single-year or
therefore be amended to provide for the rpultlyear contracts with the authority to provide
expenditure of funds from the Mental Health services described in Sections 5849,7, 584-9,8.
Services '�7und to the No Place Like Home and 5849.9, related to permanent supportive
Program established pursuant to Part 3.9 housing for the target population. population
(commencing with Section 5849.1) of Division and to I-eCeiVe payments frOFTI amounts or?
I
5 of the Welfare and Institutions Code, which deposit n the Supportive klot.dsing Prograip
finances the acquisition, design, construction, Subaccount PLIrsbant to paragraph (1) of
rehabilitation, or preservation of permanent st.,bdivision (f) of Section 5890. Payments
supportive housing for individuals living with a received by the department under any service
severe mental illness who are homeless or at contract authorized by this paragraph shall be
risk of chronic homelessness. used, before any other allocation or distribution,
SEC. 2, Section 1, this section, and Sections to repay loans from the authority pursuant to
3 to 7. inclusive, shall be known, and may be Section 15483 of the Government Code.
cited, as the No Place Like Home Act of 2018. (2) Enter into one or more 'loan agreements with
SEC. S. Section 5849.35 of the Welfare and the authority as security for the repayryient of
Institutions Code is amended to read: the revenue bonds issued by the authority
pursuant to Section 15463 of the Government
5849.35. (a) The authority may do all of the Code. The department shall deposit the
following: proceeds of these loans, excluding any
(1) Consult with the commission and the State refinancing loans to redeem, refund, or retire
Department of Health Care Services concerning bonds, into the fund. The department's
the implementation of the No Place Like Home obligations to make payments tinder these loan
Program, including the review of annual reports agreements shall be limited obligations payable
provided to the authority by the department soleliv from amounts received pursuant to its
purse ant to Section 5849.11. service contracts with the authority.
sin m
(2) Enter into one or more si le--year or (3) The department ,may pledge and assign its
k
J
multiyear contracts with the department for the right to receive all or a portion of the payments
department to provide, and the authority to pay tinder the service contracts entered into
the department for providing, services described pursuant to paragraph (1) directly to the
in Sections 5849.7, 5849.8, and 5849.9, authority or its bond trustee for the payment of
related to permanent supportive housing for the principal, premiums, if any, and interest under
target pop-u-lati-&R:- POPLIlation and to provide for any loan agreement authorized by paragraph (2).
payn7ents to the department fron-, amounts on I I
deposit in the Supportive 1-lousing Program (c) The Legislature hereby finds and declares
Sabaccount created within the Mental Health both of the following:
Services Fund pursuant to paragraph (1) of (1) The consideration to be paid by the
subdivision (f) of Section 5890. Before entering authority to the department for, the services
into any contract purSLiant to this paragraph, the provided
ed pursuant to the contracts authorized
executive director of the authority shall transmit 1 t by paragraph (2) of subdivision (a) and
to the commission a copy of the contract in paragraph (1) of subdivision (b) is fair and
substantially final form. The contract shall be reasonable and in the public interest.
deemed approved by the commission unless It (2) The service contracts anG1 payments made
acts within 10 days to disapprove the contract, by the authority to the department pursuant to a
(3) On or before June 15 and December 15 of service contract authorized by paragraph (2) of
I I I I subdivision
each year, the authority shall certify to the subdivision (a) and paragraph (1) Of SLibdhvision
Controller the amounts the authority is required (b) and the loan agreements and !loan
to pay as provided in Section 5890 for the repayments made by the department to the
10 1 Tex of Prnpasecd Laws
TEXT OF PROPOSED LAWS PROPOSITION 2 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
authority pursuant to a !loan agreement (2) Any appropriation or transfer to the fund
authorized by paragraph (2) of subdivision (b) from the General Fund or other funds.
shall not constitute a debt or liability, or a
pledge of the faith and credit, of the state or
(�) Any other federal or state grant, or from any
any political subdivision.- su !visronr except as
approved by the voters at the November 6, private grant donation or , for the purposes of
L! L
2018, statewide general election. th:Is part.
(d) The state hereby covenants with the holders �
from time to time of any bonds issue0l" by the (4) Any :interest payment, loan repayments, or,
authority PLirsuant to Section 15463 of the other return of funds.
Government Code that it will not alter, amend, SEC. 5. Section 5849.15 is added to the
or restrict the provisions of this section, Welfare and Institutions Code, to read:
paragraph 0) o' subdivision M of Section 5849.15. The voters ratify all of the -following
5890, or subdivision (b) of Section 5891 in anv
manner adverse to the interests of those provisions as being consistent with and in
bondholders so long as any of those bonds s furtherance of Proposition 63, enacted by -the
remain outstanding. The authority may include voters at the November 2, 2004, statewide
this covenant in the resolution, indenture, or general election, and approve, all of the following
other documents governing the bonds. provisions for
- purposes of Section .1 oil Article
U XV/ of the California (onstitution:
I '
ke;' Agreements under this section are not (a) Chapter 43 of the Statutes of 2016, which
subject to, and need not comply with, the amended Sections 5830, 5845, 5847, 5848,
requirements of any otter
er law applicable to the 5897, and 5899 and added this part.
execution of those agreements, :including, but
not 'limited to, the California Environmental (b) G"hapter 322 of the Statutes of 2016, which
Quality Act (Division 13 (commencing with added Section 15463 to the Government Code,
Section 21000) of the Public Resources Code), and amended Sections 5849.1, 5849,2,
(f) Chapter 2 (commencing with Section 5849.3, 5849.4, 5849.5, 5849.7, 5849.8,
10290"; of Part 2 of Division 2 of the Public 5849.9, _,5849.11, 5849.14, _,"�890. and 5891
Contract Code shall not apply to any contract of, added Section 5849.35 to, and repealed
and added Section 5849.13of, this code.
entered into between the authority and the
department under this section. tc) Those provisions of Chapter 56.1 of the
,_ 2017 that amended any of the
SEC. 4. Section 5849.4 of the W Statutes 01elfare and
and
provisions referenced I
Institutions Code is amended to read: In subdivisions salsal
(b).
5849.4, (a) The No Place Like Home Fund is (d) The amendments to Section 5849.35,
hereby created within the State Treasury and, 5849.4, and 5890 made by the act adding this
notwithstanding Section 13340 of the section.
Government Code, continuously appropriated to t
i e) The issuance bv -the California Health
the department, the authority,
ty, and the Treasurer
for the purposes of this part. Accounts and Facilities Financing Authority of, bonds in an
subaccounlS r lay be created within the fund as amount not to exceed two billion dollars
needed. Up to 5 percent of the amount "$2,000,000,0001 for the purposes of
deposited in the fund r lay be used for financing permanent supportive housing
administrative expenses in implementing this pursbant to the No Place Like Horne Prograrn
part. and related purposes as set forth In subdivision
(b) There shall be paid into the fund the V, of Section 15463 of the Government 'ode.
foIlowing: the issuance of bonds for the purpose of
redeeming, refunding, or retiring 'bonds as set
(1) Any moneys from the receipt of loan forth in subdivision (c) of Section 15463 of the
proceeds by the department derived from the Government Lode, and the process by which
issuance of bonds by the authority under those bonds are issued, secured, and repaid,. as
subdivision (b) of Section 15463 of the set forth in the provisions referenced in
Government Code. subdivisions /a) to (d), inclusive.
Text of Proposed L'aws
T XT OF PROPOSED LAWS PROPOSITION 2 CONTINUED
SEC. 6. Section 5890 of the Welfare and (commencing with Section 5850) of this
Institutions Code is amended to read: division, shall be determined in accordance with
the Uniform Method of Determining Ability to
5890. (a) The Mental Health Services Fund is Pay applicable to other publicly funded mental
hereby createall in the State Treasury. The fund shall be administered by the state. health services, unless this Uniform Method is
Notwithstandli rig Section 13340 of the rep!.aced by another method of determining
Government Code, all moneys in the fund are, copayrnents, in which case the new method
other mental health services shall
except as provided :in subdivision (d) of Section applicable to
5892, continuously appropriated, without be applicable to services pursuant to Part 3
regard to fiscal years, for the purpose of funding (Commencing with Section 5800) and Part 4
(CoMr 1 with Section 5850) of this
the following programs and other related inencing
activities as designated by other provisions of division.
this division: (f) (1) The Supportive Housing Program
(1) Part 3 (cornrinencing with Section 5800), Subaccount is hereby created in the Mental
tl Health Services Fund, Notwithstanding Section
the Adult and Older Adult Mental Health System 1 i
of Care Act. 13340 of the Government Code, all moneys In
the subaccount are reserved and, continuously
(2) Part 3.2 (commencing with Section 5830), appropriated, without regard to -fiscal years, to
i i
Innovative Programs. the California Health Facilities Financing
L L L 1
(3) Part 3.6 (commencing with Section 5840), Authority to provide funds to meet its financial
Prevention and Early Intervention Programs, obligations pursuant to any service contracts
(4) Fart 3.9 (corinmencing with Section entered into pursuant to Section 5849.35.
Notwithstanding any other law, including any
584.9,1), No Place 1--ike Home Program. other provision of this section, no later than the
(5) Part 4 (commencing with Section 5850), last day of each month, the Controller shall,
the Children's Mental Health Services Act, before any transfer or expenditure from the fund
(b) The establishment' of this fund and any for any other purpose for the following month,
other provisions of the act establishing it or the transfer from the Mental Health Services Fund
programs funded shall not be construed to to the Supportive Housing Program Subaccount
modify the obligation of health care service an amount that has been certified by the
plans and disability insurance policies to California Health Facilities Financing Authority
provide coverage for mental health services, pursuant to paragraph (3) of subdivision (a) of
including those services required Linder Section Section 5849.35, but not to exceed an
1374.72 of the Health and Safety Code and aggregate arylount of one hundred -forty million
Section 101.4-4.5 of the Insurance Code, related dollars ($140,000,000) per year. If in any
to mental health parity. This act shall not be month the amounts in the Mental Health
construed to modify the oversight duties of the Services Fund are insufficient to fully transfer, to
Department of Managed Health Care or the the subaccount or the amounts in the
duties of the Department of Insurance with Subaccount are insufficient to fully pay the
respect to enforcing these obligations of plans amount certified by the California Health
and insurance policies. Facilities Financing Authority, the shortfall shall
be carried over to the next n9ant.h. tnonth, to be
kc) This act shall not be construed to modify or I
reduce the existing authority or responsibility of t'ans,ferred by the Controller w,;th any transfer
the State Department of Health Care Services. reqLlired by the pre.ceding sentence. Mloneys in
the Supportive Housing Program Subaccount
(d) The State Department of Health Care shall not be loaned to the General Fund
Services shall seek approval of all applicable pursuant to Section 16310 or 16381 of the
federal Medicaid approvals to maximize the Government Code.
availability of federal funds and eligibility of —U , ) brier to the issuance of an bonds pursuant
participating children, adults, and seniors' for 2. o Y
medicalh., necessary care. to Sect'i 1.on . 5463 of the Governipent Code, the
I Legislature may appropriate
Driate for transfer funds in
(e) Share of costs for services pursuant to Part the Mental Health Services Fund to the
i� ar- Supportive Hoasingf Prog�rarri S,1 bacc0Ljn-1 3 (commencing with Section 5800) and Part 4
12 Tex of Prnposedi _.aws
TEXT OF PROPOSED LAWS PROPOSITION 2 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
amount up to one hundred forty million dollars new provisions proposed to be added are printed
($140,000,000) per I year. Any amount in italic type to indicate that they are new.
appropriated for transfer pursuant to thi's
paragraph and deposited in the No Place Like PROPOSED LAW
Home Fund shall reduce the authorized but The people of the State of California do enact as
unissued amount of bonds that the California
follows:
Health Facilities Financing Authority may issue
ss-lie
pursuant to Section 15463 of the Government SECTION 1. Division 38 (commencing with
Code by a corresponding amount. Section 86000) is added to the Water Code, to
Notwithstanding Section 1315-40 of the read:
Governi-rient Code, ai/ 1-rioneys in the s_jibaCCOunt DIVISION 38. STATE WATER SUPPLY
transferred pursuant to this paragraph are INFRASTI?UCTURE, WATER CONVEYANLIE,
reserved and Continuously appropriated, without ECOSYSTEM AND WATERSHED PROTECTION
regard to fiscal years, for transfer to the NO AND RESTORATION, AND DRINKING WliTET?
Place Like Home Fund, to be used for purposes PROTECTION ACT OF 2018
of Part 3,9 (commencing with Section 5849.1), CHAPTEW 1. SHORT T!-,L-E
The Controller- shall, before any transfer or
expenditure from the fund for any other purpose 86000. This division shall be known and. may
for the following month but after- any transfer be cited as the Water Supply and Water Quality
from the fund for purposes of paragraph (1), Act of 2018.
transfer moneys appropriated from the Mental CHAPITP '2. FINDINGS Afio DE,17LA.F?A7_i0NS
Health Services Fund to the subaccount 86001� The people find and declare the
pursuant to this paragraph in equal amounts
I over the following 12-rnonth perioct beginning following:
no later than 90 daysafter the effective date of (a) In our frequent very dry state, our high-
Lly
the appropriation, proprion by the Legislature. if in any tech, agricultural and urbanized economy relies
month the amounts in the Mental Health on an uninterrupted and high-quality water
Services Fund are insufficient to fully transfer to supply. E3y making water use rnore efficient,
the subaCCOunt or the amounts in the reducing the demand for water, providing new
subaccount are insufficient to fully pay the and diverse water supplies, iMpr0V1 I ng the
amount appropriated for transfer pursuant to Quality of our source watersheds, and protecting
this paragraph, the shortfall shall be
carried key environmental uses of water, this measure
over to the next month, will assure that the economic and environmental
(0,I The sure mof arty transfers described in
engines of California are not derailed by a
paragr
aphs (1) and (2) shall not exceed an shortage of water.
aggregate of on e hundred forty million dollars (b) California's recent historic drought raises
($14 0,000,000) per year. serious
ous questions about the long-term reliability
(4) Paragraph (2) shall become inoperative of our current water supplies. The drought
-r
once any bonds authorized pursuant to Section underscores the need to use our existing water
15461-5 of the Government Code are issued. Supplies more efficiently, increase r,I nvestments
SEC. 7. The provisions of this act may be In Our water infrastructure, and more effectively
integrate out- water system from the headwaters
amended by a, two-thirds
wo-thirds vote of the Legislature to the end user.
so long as such amendments are consistent with
and further the intent of this act. (c) Californians water situation requires
implementation of the California Water Action
PROPOSITION 3 Plan to provide for the water needs of people.,
agriculture, and the environment. This division
This initiative measure :is submitted to the will help provide a more reliable water supply by
people in accordance with the provisions of reducin
g waste. increasing the amount- of water-
Section 8 of Article 11 of the California mailable to meet our needs, and in,,prot4ng
Cori stl tut i on. water qualitj This division also DrOvides
This initiative measure adds sections to the Fish additional protection for our communities from
and �Glame Code and the Water Code; therefore, floods.
Text of L,:3 Prom'sed ' ws 13
1
T XT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
(d) This division will implement cast-effective '/) Flooding can devastate communities and
meth ods of water development and conservation infrastructure. We car? make better use of
to meet- California's present- and future water floodwaters 4y capturing waters and plfting
needs in a changing climate, including capture them to use in our communities, on our farms,
Of urban drainage and stormwater runoff, and by recharging groundwater basins. By
groundwater and brackish water desalting, providing funds to intelligently manage our
groundwater storage, water recycling, water watersheds and floodpiains, thi's division will
conservation, and watershed ?management, also help
p avoid flood damage-, improve fish and
restoration, enhancement and protection. wildiffo habitat, remove Pollutants from our
(e) Many of the water supply and water qLjality water supply, enhance groundwater remediate
-------------------------------- I improve the env' ter
-------------------------------- -ovided by this division will be aqvifers, and fronment. Better
-------------------------------- investments pi 10
matched by agencies and grant recipients, more floodPk3in managen)ent may allow in)proved
than doubling the effectiveness of the funding operation of upstream reservoirs for water supply
o v P,
P r I'deci purposes.-purposes.
(f) Agencies implementing this division will give OTT Severe fire conditions car? lead to significant
high priority to cost-effective projects and to the erosion, reduced water quality and impacts on
most durable and most environmentally water infrastructure. This division prov__s
beneficial projects. Funding- will go to projects funding to manage, forests and watersheds to
that contribute to implementation of the reduce fire danger, mitigate the effects of
California Water Action Plan, the goal of which wildfires on water SLjpply and quality. and
.is to increase the resiliency of the California enhance water supplies,
water systeni and the ability of California l'
communities to cope with drought conditions. n) This division funds the following programs,
which respond to human and environmental
(g) Every Californian has a right to safe, clean, water needs in California:
affordable, and accessible drinking water. BY (1) 1MDr verrient of water supply and water
complying with Section 106.3, agencies I 1 11 1 10 1
providing funds for safe drinking water pursuant qLlaiity utilizing cost-effective methods,
to t s division. . l waif.I I help achieve the intent of including water conservation, desalting of
that section. groundwater and other inland saline water,
ston-riwater management, wastewater recycling;
kh) ',his division provides a fail' and reasonable and similar water rnanaq7ei-nent rneaSLires.
distribution of funds directly and indirectly tl
benefiting every region oil the state. 21) Better management o-l' forest and rangeland
N) Th i, watersheds, such as through the Sierra Nevada
t I?is division Provides short and long-term Watershed Improvement Program, to 'improve
cost-effect'ive actions to address the water the pattern, q-tiantity, and QLiality of water rurlOff
shortages caused by the recent drought, and will -�ro -iter re -fe . I
andq indwc charr, . Improving soil health
help prepare local comimunities for future improves the ability of the ground to better
droughts. Droughts reduce water supplies for contain ,CrOundwater and inoderate the rate of
people, jilt m agriculture and the environent. Thi's water runoff
division wild help meet the water needs or
people, agriculture,, and the environi-rient and (3) Better groundwater rrianagerrient, including
make California more resilient in the face of a faster im"pl ementation of the Sustainable
changi,ig clirria te. Groundwater Management Act (Part 2.74
(j) By improving
ng the health and water (commencing with Section 10720) of
productivity of watersheds, communities will D I ivision 6.), and better recognition of the
become more self-reliant with respect to water connech;on between surface and groundwater.
supply and local environmental quality Will be () Provision of water for fish and wildlife,,
increased. including restoration of the Pacific Flyway and
W By removing invasive plants Such as yellow
l re,�ow management of habitat in a dynarnic way to
,
starthist/e, giant reed (ArLjndo donax), and . nond to changing environmental conditions.
tamarisk, water supply will be increased and (5) Increased capacity to convey water rewriting
j
habitat for fish and wildlife will be improved. in greater- groundwater recharge and improved
14 .1 Text of Proposes Laws
TEXT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
convevance and utilization of floodwaters for use capital costs, the cost of water from these plants
I
in drought years. will also be reduced. Implementation OT
('b! groundwater desalting plants will defer the need
, I The State Klater Resources Control Board, for more expensive ve alternative sources of water
the Department of Fish and Wildlife, and many supply thus further reduc;ng local capita' and
other agencies have recognized that providing ., f 1 1 1 1
funding for fish habitat enhancenient is Vital to operating costs.
restoring native California fish populations and (4) Water Conservation. State funds wi/i reduce
that relying solely on flow to restore those the cost of these projects, reducing costs to
DOPUlatiOnIS will not be sufficient. Providing local government, More importantly. rediced
funding for fish habitat enhancement is a vital water demand resulting from these projects will
complement to reasonable flows to protect fish. reduce operating costs and will temporarily or
(p) California has lost 95 percent of its pen-nanently defer the construction and
historical wetlands. Those wetlands provide operating costs of more expensive capital outlay
food, water, and cover- for migratory and other projects needed to provide new water:
birds,' fis h, marnma/s, reptiles, amphibians, and (5) Repairing Flood Control Reservoirs. State
a vast number of plant species. Many species funds will reduce the costs of these projects for
may become endangered or threatened without local government.
wetlands and many more survive only due to (6) San Francisco Bay Restoration Authority
wetlands available today. This division combines Funds. State investment in wetlands projects
work to sustain and protect current wetlands providing flood protection around San Francisco
with the potential to increase wetlands in Bav will reduce flood risk associated with
California to SLippOd a thriving flora and faLjna,
climate change. This will reduce the cost of
`q) The it of this division will other flood control measures, and more
Ll I
result in cost savings to local governments importantly will reduce flood darnaqfe which
immediately of substantially more than often results in tremendous costs to local
one billion dollars, and reduce local government government for facility repair.
operating costs by hundreds of millions
i 0
llions of Stormwater Funding. Regulations unposed
rnposed
dollars per year. This division will Provide
by the State Water resources Control Board and
funding that displaces local government van I ous regional water quality control boards will
funding, resulting in the implementation
p/ementation of result it', the construction of various capital I
projects in the following- areas. These projects outlay projects costing billions of dollars.
VVOLIld have eventually been implemented by
providing
ing funds through this measure Wi//
local government. reduce the cost of these projects to local
(T) Safe Drinking Water. State direct and government.
matching funds will reduce the cost to local (8) Fisheries Restoration,
ion. This division
ivision Provide-,,
government of implementing drinking water and hundreds of millions of dollars for fisheries
wastewater treatment systerns. and to some regional restoration. Local and water agencies
W
extent, -the Operation of those systerns.
are voluntarily undertaking many of these
(P) Wastewater Recycling. State funds will projects.
iects. By providing state funds, this division
reduce the cost of these plants,. redicing the will reduce local costs. In addition, the resulting
capital cost of the projects for local increase in fish populations will make it possible
governments. BY reducing local government to improve, local water supplies, avoiding local
capital costs, the cost of water from these plants government costs to provide replacement water
will also be reduced. Implementation; of supplies costing hundreds of millions or even
P,
wastewater recycling plants will defer the need billions of dollar,,.
for more expensive- alternative- sources of water t
. 9) Bay Area Regional' Reliability. San Francisco
Supply, MLIS further reducing local capital and Bay area water districts are undertaking
operating costs. extensive improvements in their water
(3) Groundwater Desalting. State funds will distribution systems to interconnect their water
reduce the cost of these plants, reducing the supplies for greater drought water supply
capital cost of the projects for local reliability and other benefits. By providing funds
governments. By, reducing local government for this program, this division will reduce their
L,:3 Te.xtnfProrY,sed ' ws 15
1
T XT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
costs by two hundred fifty million dollars (d) "'Department" n7eans the Department of
($250,000,000). Water Resources.
(10) Friant Kern Canal Repair. Groundwater (e) "Desalination" means removing salt and
overdraft has caused subsidence of the other contaminants from -polluted groundwater
Friant Kern Canal. State funds to repair the or other Inland sources of water containing salts,
canal will reduce the cost of repairing the canal including brackish water.
to local water districts. Avoiding the cost to 1(f) "Disadvantaged cornMun;ty" has the
finance this project will also save tens of
,millions of dollars per year in interest costs meaning set forth in subdivision (a) of Section
paid by these districts. 79505.5, as it may be amended.
which would have to be paid U
01) Oroville Dan-7 Repair. Although the costs of (g) "Dry weather runoff` is defined as in Section
repairing Orovilie Darn should be covered by the 10561.5.
1 c IV
federal government either through the Federal (h) "I-cOnOn)i al'' distressed area" has the
Emergency Management Agency or the United meaning set forth 'in subdivision (k) of Section
States Army Corps of Engineers, the federal 79702, as it may be amended.
110 the t government may riot fulfill this obligal; n. If '- e W "Finance coi-ninittee" means the Vl�a t er
State Water Resources Development System %Supply ReliabilitY and Drought Protection
contractors, which are all local agencies, are, Finance Comn,,ittoe created by Section 86182.
forced to cover all or part of these costs, thi's _ ,
division w1il reduce their costs by (1) Fund" means the Water Supply Reliability
two hundred million dollars ($200,000,000). and Drought- Protection Fund of 2018 created
Interest costs would also be reduced. b,v Section 86169.
(r) Substantial funds remain to be allocated to W "Groundvva ter &istainability agency" means
storage projects pursuant toivision an agency defined In Subdivision (j) of Section
D 26.7
commencing is 10721.
with Section 79700). For this
reason, and so as not to W-f interfere the work (/) "Integrated regional water management
I IM
of the California Water Commission in awarding plant' means a comprehensive, plan for a defined
these funds, this measure does riot I.nClude geographic area that meets the requirements of
funding for the construction of specific storage Part 2.2 (commencing with Section 10530) of
projects. Division 6, as that part may be amended.
C;-I.AFTER S. DEFINITIONS 61-n) "Invasive plant" means a terrestrial or
86002. Unless the context otherwise requires, aquatic plant not native to California of no or
the definitions set forth in this section govern negligible agricultural Value which does any of
the construction of this division, as follows: the following.- displaces native- plants, threatens
(a) "Conservation" means rehabilitation. native plant blodivorsity, harms agricultural or
g
stabilization, ran
i restoration, reduced water use, rangeland productivity, degrades -wildlife
development, and reconstruction, or any habitat,
itat, contributes to fire- hazard, or uses more-
combination oil those activities. water than the plants it displaces.
(b) "Conservation actions on private /ancis,, 6n) "Multibenefit project" means a project that
I-neans projects implemented with willing serves more that, one purpose, I.ncllding but not
landowners that involve the adaptive and flexible limited to flood management, water supply,
management of natural resources in response to water quality improvement, environmental
changing conditions and threats to habitat i and enhancement, recreation, energy conservation,
wildlife. These investments and actions are reduction of emission of climate-changing
specifically designed to create habitat gases, and fish and wildlife improvement.
conditions on private lands which, when (o) "'Nonprofit orga n iza tio n" means an
I-rianaged dynamically over time, contribute to organization qualified'ified to do business in
the long-term health and resiliency of vital California 'alifornia and Yen)pt under Section 50 1(c)(3)
ecosystems and enhance wil'o'life.populatiOns. or Section 501(c)(6) of the Internal Revenue
i
/c) "'Delta" means the Sacramento-San Joaquin Code, to t, e extent perrr itteuA
by state and
Delta as defined in Section 12.920a federal law.
16 1 Tex of Proposed Laws
TEXT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
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(p) "Protection" means those actions necessary Chapter 4 (commencing with Section 16720) of
to prevent harm or damage to "persons, property Part 3 of Divlsion 4 of Title 2 of the Government
or natural resources or those actions necessary Code,
to allow the continued use and enjoyment of t
property or natural resources and includes W "Stormwater" is defined as in Section
acquisition, development, restoration, -10-'561-g.
conservation, preservation, and interpretation as (y) "Stormwater Resource Plans" are defined as
interpretation is defined in subdivision (/'-) of in Part 2.3 (commencing with Section 10560)
Section 75005 of the Public Resources Code. of Division 6.
(q) "Public agency" means a state agency or CHAP-iER 4. Acco,,UNTABILFFY
department, special district, joint povvors
authority city, county, city and county, or other 86003, (a) (1) The Natural Resources Agency
political subdivision of the state. shall provide for an independent audit of
(r) "P-liblic water systerns" is defined in expenditures pursuant to this division no less
subdivision (h) of Section 116275 of the Hea ith than every three years.
and Safety Code and rneans regional,. municipal, 12) On o- before january 10, 2020, and every
and district urban water suppliers, including , I I U
privately owned water suppliers as defined in six months thereafter, the Natural Resources
Section .10617. Agency shall publish on its websifte a report that
is; "Restoration" means the iMn contains all of the fcollow-nc information relating
roverrient of
P, to this division for the previous Six months with
P)h'vsical structures or facilities and, in the case the information summarized by section of this
Oil natural systerns and landscape features,
includes, but is not limited to, projects that division:
improve physical and I ecological processes, (A) Funding encumbrances,
including, but not limited to, erosion control; (B) Summary of new projects fi,,,nded.
sediment management; the control and ,
elimination of invasive species; prescribed (C) Summary of projects completed.
burning; fuel hazard reduction; fencing out (D) Discussion of-progress towards meeting the
threats to existing or restored natural resource-,,; '
meadow, wetiand, riparian, and strearn rnetrics Of Success established pursuant to
restoration; and other plant and wildlife habitat Section 86157.
itriprovement to increase the natural system (E) Discussion of common challenges
value of the property. Restoration projects shall experienced by state agencies and recipients of
include the planning, monitoring, and reporting funding in executing projects.
necessary to ensure successful implementation
of the project objectives. (F) Discussion of major accomplishments and
W "Severely disadvantaged community" means successes experienced by state agencies and
a con-irriunity with a median household income recipients of funding in executing projects.
of less than 60 percent of the statewide median (3) This subdivision shall remain In effect only
household incorrie. until January 1, 2028, and as of that date, is
00 "Sierra Nevada Watershed h-nprovement inoperative.
Program" is a Coordinated, integrated, (b) The Department of Finance or the Controller,
collaborative- DrO-aram to restore the health of
or the California State Auditor at the direction of
California's primary watershed by increasing the the Legislature, may conduct an audit of the
pace and scale of forest restoration in order to
maintain the 1-1-riportant benefits that the Sierra expenditures of any state agency receiving
Nevada region provides. funding pursuant to this act.
10 e. 1 1 L"'State board" means the State Water (c) The state agency issuing any grant with
Resources Control Board. funding authorized by this division shall require-
(w) "State General Obligation Bond Law" adequate reporting of the expenditures of the
means the State General Obligation Bond Law, funding from the grant.
L,:3 Te.xtnfProrY,sed ' ws 17
1
T XT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
L"ki;4PTER 5. /MPPGJVEMENT OF WATER SUPPLY manganese, total dissolved solids, electrical
AND WATER QUALITY conductivity. and oraniuin.
Article 1. Safe Drinking Water 86007 (a) (11) Of the funds authorized by
86004. The-surn of seven hundred fifty rn,'I i flion Section 86004, title hundred million dollars
dollars ($750,000,000) is appropriated from, �500,000,f300) shall be available for grants
and loans for public water system infrastructure
the fund to the state board for expenditures,. J,mprovoments I and related actions to meet safe
grants, and loans to improve water quality or
drinking water standards, enstire affordable
h e 1p 'T,)rovide clean, safe, and rehfabVe drinking drinking water, or both. Priority shall be given to
water to all Californians. projects that provide treatment for
86005. The projects eligible for funding contamination or access to an alternate drinking
pursuant to this article shall help
D improve water water source or sources for small' community
quality for a beneficial use. The purposes of this water systerns or state small water sy-terns in
article are to: disadvantaged communities whose drinking
6'a contaminants in drinking water) Reduce water source is Impaired by chemical and nitrate
supplies regardless of the source of the water or contaminants and other health hazards
the contamination. identified by the state board. E/gible recipients
Dients
(1-11.) Assess and Prioritize the risk of servo disadvantaged communities and are
public water systems or public agencies.
contarnination to drinking water supplies. (2) eligible I expenses . !,nay include initial
(c) Address the critical and itninediate needs of operation and maintenance costs for systerns
disadvantaged, rural, or small co!'ninunities that ser vi I ng disadvantaged comi-nunities. Priority
suffer from contaminated or inadequate drinking shall all be gi
ven to projects that provide shared
water supplies, including, but not limited to, - LZ
projects that address a public health emergencV. solutions for multiple communities, at least one
of which is a disadvantarfed community that-
(d) I-everage, other private, federal, state, and lacks safe, affordable drinking water and is
local drinking
inking water quality and wastewater served by a small coi-nmunity water system,
treatment funds. state small water system, or a private well.
(e) Provide disadvantaged communities with Construction grants shall be limited to
project,ive million dollars ($5,000,000) pet-
public drinking water infrastructure that 'x
provides clean, safe, and reliable drinking water except that the state board may set a limit of
supplies that the corn not more than twenty million dollarsMUnity can sustain over
r -sprovide
the long term. ($2.0,000,000) for project- that
regional benefits or are shared arriong multiple
(f) Ensure access to clear;, safe-, reliable, and entities, including consolidation of two or more
affordable drinking water for California's drinking- water systems, at least east one of which
communities. shall be a sma/i disadvantaged community. Not
(g) Meet primary and secondary drinking water more than 50 percent of a grant may be awarded
standards or remove- contaminants identified by in advance of actual expenditures.
the state or federal governi-rient to meet primary (3) For the purposes of this subdivision, "initial
or secondary drinking water standards.
operation and maintenance costs" means those
86006. The contaminants that may be initial, eligible, and reimbursable costs under a
addressed with funding pursuant to this article construction funding agreement that are
may include, but shall not be limited to, lead, Incurred tip to, and including-, but not limited
tertian; to, initial startup testing of the constructed
nitrates. (methyl tert Ir , perchlorate, MTBE (met
butyl other), arsenic, selenium, hex,,3valp nt project in order to deen-i the project complete.
chromium, mercury, PCE (perch loroethy/eno.), Initial operation and maintenance costs are
TCE (trichloroethylene), DCE (dichloroethene), eligible to receive funding 1.V , pursuant to this
DCA (dichloroethane), 1,2,3-TCP section for a period not to exceed three years.
(trichloropropane), carbon tetrachloride, (b) Of the funds authorized by this -section, up
1,4-dioxane, .1,4-dioxacyclohexane, to ten million dollars ($10,000,000) shall be
ril'-Llroso,u-litTie-L't)ylat,-iir,,e, bromide, iron, available for grants to provide school children
18 1 Tex of Proposed Laws
TEXT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
with safe drinking water under the drinking for projects that directly benefit a disadvantaged
water for schools grant program pursuant to comm-unity or an economically distressed area.
P,
Section 116270- of the Health and Safety Code. (b) At least 10 percent of the funds available
86008. Of the funds authorized by Section pursuant- to this article shall be allocated for
86004, two hundred fifty million dollars projects serving severely disadvantaged
($250,000,000) shall be available for deposit comn)unities.
In the State Water Pollution Control Striall o
Revolvirig 'cn,4 Cmmunit . t ) Up to 15 percent of the funds available
Fu y Grant Fund created pursuant to this article may be allocated for
D
J J
to to Section 13477.6 for grants and
I loans for wastewater treatment projects. Priority technical assistance to disadvantaged
communities. The state board shall operate a
shall be given to projects that serve I-riultidisciplinary technical assistance program
disadvantaged comm-unities and severely for small and disadvantaged COMMunifties which
disadvantaged communities, and to projects rnav inc/ode. but is not lirnited to. outreach and
that address public health hazards. Pro'iects education, I needs assessments, review of
may include, but not be limited to, projects that alternative approaches to provide communities
Identify. plan, design, and ii-riplement regional
with safe drinking water or wastewater water services,
mechanisms to consolidate wastewater systems pro].ect selection and design, board and operator
or provide affordable treatment technologies. training, and other technical, managerial., and
86009. Of the funds authorized by Section financial capacity building assistance for
86004, up to sixty million dollars utilities serving disadvantaged communities
($60,000,000) shall be made available for related to providing cornn),inities with safe
drinking water infrastructure or wastewater drinking- water- or wastewater services. The
iMPrOverrients, or both, On, private Property, Or agency may also contract with a nonprofit
for interim replacement drinking water supplies. organisation, resource conservation district, or
I 1 1.10 It,
(a) Funds may be used for the following other local ages- to provide these services.
I y
purposes: Article '2. Water Recvc1imz and Desalination
To conduct water quality testing of drinking 865020. Ti'7esiin7offc?tirhiindredt-ni;lliondollars
water wells. ($400,000,000) is appropriated from the fund
"2, laterals, repair or grants 10
To install and replace to the state board to awardg Is and loans to
replace private wells or onsite wastewater eligible
igible entities as defined in subdivision (a) of
systems, properly close abandoned wells and Section 86166 on a competitive basis for
septic system int,rastrUCture, and provide wastewater recycling projects. Grants "pursuant
infrastructure necessary to connect residences to this section may be made for all' of the
to a public water or wastewater system. following:
(a) To replace interior drinking water plirnbinq Water recycling projects, including, but not
and fixtures that contain lead. limited to, treatment, storage, conveyance,
(4) To provide interim replacement drinking brine disposal, and distribution facilities for
water supplie& potable and nonpotable recycling projects.
`b) The state board may establish a revolving (b) Dedicated distribution infrastructure to
loan fund to facilitate financing for activities serve residential, commercial, agricultural, fist?
ablowable under thi's section, and wildlife habitat, and industrial end-user
(c) Priority sha/l be given to projects that assist retrofit projects to allow use of recycled water�
love-income homeowners, including mobi/ehome (c) Pilot projects for new Potable reuse and
owners, and vulnerable populations. contaminant removal technology
86010. (a) For the purposes of awarding (d) Multibenefit recycled water projects
eCtS that
funding pursuant to this article, a local cost improve -water quality
share of not less than 50 Percent of the total (e) Multibenefit recycled water' projects that
costs of the project shall be required. The cost- protect, conserve-, and restore wetland and other
sharing requirement 17),3y be waived or reduced wildlife- habitat.
Text nfProposedIL'aws 19
T XT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
(f) Technical assistance and grant writing (b) Water quality and ecosystem benefits related
assistance related to specific projects for to decreased reliance on diversions from the
disadvantaged communities and. economically Delta or from local rivers and streams and
distressed areas. benefits related to attainment of beneficial uses
86021. The sun,of four hundred million dollars and water quality objectives In local receiving
($400,000,000) is appropriated from the fund waters.
to the state board to award grants to eligible (c) Public health benefits from improved
entities as defined in subdivision (a) of Sect-ion drinking Water quality or supply.
86166 on a competitive basis for desalination o4) Cost-effectiveness, based on the amount of
of brackish groundwater, and other brackish
water produced per dollar
ur)
liar invested and other
u
water desalination
ion 'oro'*iects which do not directly cost-effectiveness criteria adopted by the state
negatively affect riparian habitat, estuaries, board,
coastal bays, coastal lagoons, or ocean waters of
California as defined 4y the state board. grants e) Energy efficiency and greenhouse gas
,( .
pursuant to this section must comply With the em,,ssion reductions.
requirements of this section,. and may be made (f) Water SUDD/V or Water quality improvements
supply I
for all of the following: benefil"Ling disadvantaged communities.
,'a) T reat U k / iment, storage, conveyance, and d (g) Protection and restoration of fish and
distribution facilities. Protects may re-move wildlife
ife habitat, as well as provision of a reliable
contaminants in addition to salts, but shall be water supply for fish and wildlife.
primarily constructed and operated to remove, Article 3. Water Conservation
salt. 86030, The sum of three hundred million
(b) Distribution infrastructure to serve dollars liars ($300,000,000) is appropriated from
residential, commercial, agricultural, fish and t 1 the fund to the department for the e fol'0 VVing
wildlife habitat,
and industrial end-user retrofit purposes:
projects to allow use of desalted Water.
(c) Multibenefit salt removal projects that a) Statewide turf removal program.
improve Water quality. (1) The program shall provide financial
incentives to public and private Property Owners
(d) Technical assistance and grant writing to convert their irrigated or watered landscaping
assistance related to specific projects for to drought tolerant LO L plantings, including
disadvantaged communities and economically appropriate low Water using plants. The
distressed areas. department shall set- a maximum arn0unt each
(e) M-ulfibenefit salt removal projects that applicant can receive, and shall allow greater
provide water supply for wetland and other incentives to low-income homeowners Who
wildlife habitat. could not otherwise afford to participate in the
(f) Technical assistance and grant writing landscape water conversion "progratri. No less
than 75 percent of the funds allocated to this
assistance related to specific projects foi-
disadvantag l program shall be spent on programs benefifting
disadvantaged cornmun;ties and econornicafly
distressed areas. residential property owners. The department
86022 No grant maude pursuant to this article shall make awards to nonresidential applicants
.
on the basis of cast--effectiveness with respect
shall oyceed 50 percent of the cost of the to water supply Each grant must reduce water
project, but this requirement may be elinninated consumption by at least 50 percent compared
or reduced for that portion of projects that to carrent water use.
primarily serve disadvantaged communities,
economically distressed areas, or wildlife (2) The most cost-effective- projects and those
Habitat. projects that provide the greatest environmental
benefits based on the state investment shall
86023. Projects funded pursuant to this receive highest priority for f_u n d'ing.
article shall be selected on a competitive basis
Environmenta/ benefits shall include, but not be
with priority given to the following criteria: limited to, planting appropriate an - riate drought
(a) Water supply reliability improvement. resistant native and other plants, reduction in
20 1 Tex i of Proposes Laws
TEXT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
consumptive water use, and increased (d) Water meters. Installation of water meters in
availability of water for environmental benefits. disadvantaged communities that are riot
(3) The department
Dartment shah' not reject or reduce metered.
e/igibility to residents residing in servl ce areas (e) Energy saving water conservation.
which have previously offered turf removal Competitive grants orr a matching basis to
rebate programs as long as the resident was not public water SySten)S to Ljndertake water
a participant in the program. conservation projects that promote saving
energy. These projects eCtS shall document the
(4) The department shall cooperate with ell ibis greeni.7ouse gas eim.ssi I on reductions corning
ng
entities as defined in subdivision (a) of Section
,coin Lion i water conserva" programs. The
86-166 and the Public Utilities Corninission to ,
develop an on-bill repayment mechanism t uepartment shall make awards on the basis of
o Pay cost-effectiveness with respect to water supply
for the consvrrier's share of the landscape
as well as energy savi.qcs. Highest priority shall
conversion project, be given to programs in disadvantaged
(,'L)) I-eak detection. communities and economically distressed areas.
. dis-re
(1) Conipetitive grants on a matching basis to (f) In determining how to allocate the funds
public water systerris to reduce leaks in their appropriated pursuant to this section, the
water distribution systerns, elirninate leaks in department shall determine which technologies
the water systems of their CuStOlVers if the water are, n7o,,.,t cost-effective, produce the greatest
L I
system operator determines that customer leak environmental benefits, and provide the rpost
detection and elimination is a cost-effective- way benefit to disadvantaged communities and
to improve the water- system o'peratoKs water economically distressed areas.
supply and provides a public benefit, and install (g) Any entity receiving a grant pursuant to this
instrumentation to detect leaks at residential, section may use grant funds to establish a
institutional, and commercial properties. Tt-,e revolving fund from which the entity may make
department shall make awards on the basis of loans to implement water conservation
cost-effectiveness with respect to water supply. programs. The interest rate shall be established
Water system operators receiving grants by the entity, and the entity may charge a
T')ursuant to this subdivision shall give highest reasonable administration fee to be paid along
I priority to leak detection and water waste with the interest on the loan over the lifetime of
I elimination prograrris in disadvantag;eQ J the loan. Payrnents n7ade on loans made
-
communities and I economically distressed areas. pursuant to this program shall be returned to
2, the revolving fund to be used for additional
No grant award shall exceed 50 percent of loans to implement water conservation
p
y De the cost of the project. Cost sharing n,,a progrral-ris. Loans I-riade pursuant to this section
L
reduced or eliminated for a grant award that
may be for up to 15 years, or for the useful life
primarily benefits residential property Owners /n of the water conservation project, whichever is
a disadvantaged community or an econorriically
distressed area. 86031. The sum of fifteen million dollars
(c) Toiletreplacernent. Corrpetitivegran
ts on a ($15,000,000) is appropriated from the fund to
inatching basis to public water systems or the State Energy Resources Conservation and I
eligible entities as defined in subdivision (a) of Development Corrnn)Lssion for the Water EnerRv
Section 86166 to replace toilets using more Technology Program to accelerate the
than three gallons per flush with new toilets that of.epipyrrient of innovative water and energy
conserve water and flush 1.28 gallons per flash saving technologies and help, continue to make
or less. The departrp water conservation a California way of life,
, ent shall I-riake awards on
the basis of cost-effectiveness with respect to 86032. (a) The purpose of this section is to
water supply. Entities rocei.w.ng grants pursuant ;t p make help possible,I , I " LO IMPrOVe flowsin
to this subdivision shall give highest priority to tributaries to the Delta and to expedite the
toilet replacement programs in disadvantaged transfer of conserve-' agricultural water while
conserved
communities and economically distressed areas. minirnizing,impacts on water rights holders.
Text of Promsed L'aws 21
T XT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
;1.b.) The sum of fifty million dollars (c) The Central Valley Flood Protection Board
($50,000,000) is appropriated from the fund to shall give 'Dreforence to:
n the deartiment for matching grants to local
P, (1) Those projects that primarily benefit
agencies to aid in the construction and disadvantaged communities or ec-onornically
implementation of agricultural water distressed areas.
conservation projects and for grants in (2) Multibenefif projects designed to reduce
accordance with Section 79158.
flood risk and enhance fish and wildlife, habitat
(c) For the purposes of approving a grant under by allowing rivers vers and floodplains to function
this section, the department shall determine if more naturally These projects create additional
there will be a net savings of water as a result of public benefits such as protecting farms and
-------------------------------- each proposed project and if the project is cost-- ranches, improving water qual'ity, increasing
effective and technically sound. groundwater recharge, and providing public
W) A project under this section shall not receive recreation opportunities.
more than title million dollars ($5,000,000) in (3) Those projects that include matching funds,
grant proceeds from the department. including,
ncluding, but not limited to, matching funds
(o) The department shall give, preference to the I from other state agencies. Matching fund
most cost-effective and technically sound requirements may be reduced or eliminated to
projects. the extent the project directly benefits
disadvantaged communities or economically
X Priority shall be given to grants that result in distressed areas.
u water savings which are used to improve the (d) The Central Valley Flood Protection Board
quality of fish and wildlife through increased may make grants to eligible entities as defined
flows in tributaries to the Delta� Grants I,17 subdivision (a) of Section 86166 to
improving internal water district efficiency for implement this section.
other uses and transfers are also eligible for
fun Ing-
. d' (e) The Central Valley Flood Protection Board
(g) No project may cause adverse impacts to may I use up to one million dollars ($1,000,000)
fish or wildlife without mitigating those impacts of these funds to develop a programmatic permit
for authorization of habitat restoration and
below a level of significance. The cost or Jbe restoration
related mulf nefit floodplain restorc
mitigation I-nay be included in grant funds.
I pro"iects whose primaiy purpose ,s restoration
Article 4. Flood Mianagerrient and that meet the criteria described in
for Improved Water SDIDA Iy subdivisions (a) and (b'
.;apply
86040. (a) The sum of two hundred million (f) Of the amount appropriated in subdivision
dollars ($200,000,000) is appropriated
proprialted from (a), fifty million dollars ($50,000,000) shall be
the fund to the Contra/ Valley Flood Protection awarded for triatching grants to public agencies
es
Board tor., to construct flood control improvements to
I'SIM.P;darns on rivers in the Sacramento Valley
(1) Enlargement and envi,r onmental e-`c
enhancement of existing floodways and bypasses that provide flood protection to urbanized areas.
within the Jurisdiction of the Central Val/eY If these funds are not awarded for this purpose
DO_'�e
Flood Protection Board, including providing by January 1, 232 0 , they n,,ay be used for the
recreation opportunities. other purposes
poses of this section.
04-7
(2) Improvement of flood control facilities and 86 . (a) The sun-, of one hundred million
environrrientai enhancement within the dollars ($100,000,000) is appropriated from
i,irisdiction of -the Central Valley Flood the fund to the department for grants to loco!
I
Protection Board. agencies on a 50 percent matching basis to
repair or reoperate reservoir,, that provide flood
(b) To be eligible for funding under this section, control either as a principal purpose or as an
a pro"iect shall provide reduced flood risk, indirect effect of their operation. Grantees must
reduced liability, or reduced maintenance udernonstrate that the proposed repair or
roS,Donsibility for state agencies or local' flood reoperation will Increase the amount of water
control districts, or both, stored in those reservoirs that could be put to
22 1 Tem of Proposes Laws
TEXT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
beneficial use. No funds appropriated under this (g) Proiects to assist in the reoperation of
section shall be used to raise the height of any eligible reservoirs shall increase water supply for
darn. Spillway modification projects that do not beneficial uses through the purchase and
raise the crest height of the clam are eligible for installation of water measuring equipment,
grant fund s. acquisition of information s'V-Stems, and the use
(b) (1) To be eligible for funding under thi's of technologies and data to ii-nprove reservoir
r
section, a project must provide substantial management.
increases in recreational opportunities, such as (h) (1) A local public agency Indian tribe, or
trails alo
ng 10 rip; river channels, and significant net nonprofit organization that receives funding
improvements to fish and wildlife habitat in and under this article to create recreational facilities
adjacent to the river channel downstream, of the or wildlife habitat may use up to 20 percent Of
reservoir and, to the extent compatible with safe those funds to establish a trust fund that is
reservoir operation. within the reservoir At least exclusively used to help pay for the maintenance
10 percent of project costs shall be allocated to and monitoring of those recreational facilities or
these recreational and habitat purposes. The wildlife habitat.
funds to carry out these purposes shall
al/ be A local public agency, Indian tribe, or
allocated by the department directly to a state '
nonprofit organization that acquires an interest
conservancy if there, is a conservancY with in land, recreation facilities or wildlife habitat
Jurisdiction over the area of the project. If there with money from this article
cle and transfers the
Is no conservancy, the Natural Resources interest in land, recreational facilities or wildlife
L
Agency's California River Parkways Program habitat to another public agency, I I n d ia n tribe,
shall contract- with an eligible entity as defined or nonprofit organization
on shall also transfer the
In subdivision (a) of Section 86-IL 66 to carry out
ownership of the trust fund that was established
these purposes. The agency operating the
to maintain that interest in the land, recreational
reservoir being repaired or reo,perated shall facilities, or wildlife habitat.
approve the recreational and habitat elements o (3) This Subdivision does not apply to state
f' the project and shall not charge any fees for review, plan check, permits, inspections, or any agencies.
gencies.
other related costs associated wit-it the project, (4) If the local public agency, Indian tribe, or
and shall provide permanent operation and nonprofit organization does not establish a trust
maintenance of the entire project, including the fund pursuant to this subdivision, the agency,
habitat and recreational elements. Projects may tribe or organization shall certify to the state
include grants to eligible entities as defined in agency making the grant that it can maintain
subdivision (a) of Section 86166 to implement the /and, recreational facilities, or wildlife
this paragraph. habitat to be acquired or developed from funds
(Z) All costs associated with the requirements otherwis
e available to the agency, tribe, or
of this subdivision may be paid far with funds organization.
provided to local agencies by this section, and (5) If the interest in land, recreational facilities,
do not have to be matched by the agency' or wildlife habitat is condemned or if the local
(c) Grants made pursuant to this section may public agency, /ndian tribe, or nonprofit
be for the purpose of seismic retrofit. organization determines that the interest in
land, recreational facilities, or wildlife habitat is
(d) No grants made pursuant to this section unable to fulfill' the purposes for which money
s/.7a// be for reservoir maintenance or sediment from this article was expended, the -trust fund
removal frorn the reservoir or bi)strearri o-l' the I and any unexpended interest are appropriated
reservoir, except as necessary to complete to the agency that provided the money. The
projects authorized under subdivisions (a), (1b), funds returned to the agency may be utilised
and (c). only for projects pursuant to this section.
(e) Applicants shall certify that projects paid for W The department shall give preference to
b funds provided by this section will be '
Y those projects that coordinate reservoir
permanently operated and maintained. reoperation with the provision of water for
(f) First priority shall be given to projects that groundwater recharge through conjunctive use
benefit disadvantaged communities. or other integrated surface/groundwater projects.
Text of Prom'sed Liaws 23
T XT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
86042, The sum of two hundred miffion dollars Article 5. Funding for Water
($200,000,000) is appropriated from the fund Measurement and Information
// -1 1 r to the San Francisco Bay Restoration Authority 86048. The sure of sixty ry?i. ion U- 01 a s
to provide matching U; grants for flood ($60,000,000) is appropriated frorn the fund
management, vvotlands restoration, and other for water measurement and information
projects consistent with Article 2 (commencing systems, as follows:
with Section 66704.5) of Chapter 5 of Title (a) Te sum of twenty million dollars
h
7.25 of the Government Code. For pLirposes of 0,000,000) is appropriated to the
this section, matching funds may include funds department for develo.p-nent- of methods and
-------------------------------- Provided by local governments, regional installation of water measuring equipment to
-------------------------------- governments, the federal government, private improve estimates of water balance, water
parties, or other funds raised by the budgets, diversions, and water use to support
San Francisco Bay Restoration Authority. No water allocations, drought rn a n ag ein e n t,
grant shall exceed 50 percent of the cost of the groundwater management, water r quality
project, management, and water rights.
86043. (a) (1) A 'local public agency, Indian 1(b) The sum of ten million dollars
tribe, or nonprofit organization that receives ($10,000,000) is appropriated to the state
ent of 'n .0
funding under this article to acquire an interest board for develo-pn , J fortnati n syste!,ns,
is technologies, and data that improve the state
in land may use DIP to 20Percent of those fund
to establish a trust fund that is exclusively used board's ability to manage water rights. These
to help pay for the inaintenance and monitoring' systems will include, but not be III-nited to,
digitizing and making available the
of that interest in land. 10 million pages of paper records on water
(-9) A local public agency, Indian tribe, or rights, within the state board and in other
nonprofit organization that acquires an interest repositories and the creation of a digital
in land with money from this article and repository for water-diversion and use data.
transfers the interest in land to another public (c 1) The sum of ten million dollars
agency, Indian tribe, or nonprofit organization ($10,000,000) is appropriated to the Water
shall also transfer the ownership of the trust Piata administration Fund, established pursuant
fund that was established to maintain that to Section 12420,, to be used by the departl-rient
interest in land. i.n consultation with the state board for the
( ) This subdivision does not apply to state purpose of making California water information
agencies° interoperall-Ile, consistent with Part 4.9
(commencing with Section 12400) of
(b) If the local public agency, Indian tribe, or Division 6.
nonprofit
D,-ofit organization does not establish a trust (04) The sum of twenty million dollars
fund Pursuant to subdivision (a), the agency. 20,000,000) is appropriated as follows:
tribe, or organization shall certify to the state $
.I) Five million dollars ($5,000,000) is
V agenc" mak;ng the grant that can maintain appropriated to the University of California for
the land to be acquired from funds otherwise .t rnLiltimpsu Wa t r Security and
43 ti I s ca e
available to the agency, tribe, Or organization. Sustainability Research Initiative to develop
(c) /1'the interest in land is condemned or If the core elements of a water resources information
local public agency, Indian -tribe, or nonprofit system, in cooperation with the departiment and
organization determines that the interest in land the state board.
is Ljnable to fulfill the purposes for which money (2) Five million dollars ($5,000,000) is
from this article was expended, the trust fund appropriated to the California Water Institute at
and any unexpended' interest are appropriated California State University, Fresno to undertake
to the agency that provided the money. The research leading to improvement and
funds returned to the agency may be utilized conservation of water supplies and iinproved
only for projects pursuant to this chapter-. water quality in California.
24 Tex of Proposes Laws
TEXT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
() Five million dollars ($5,000,000) is and stormwater runoff pursuant to Division 23
appropriated to the Irrigation Training and (comniencir)g with Section 33000) of the Public
Research Center at California Polytechnic State Resources Code in the area defined in paragraph
University, San Luis Obispo to undertake (2) of subdivision (d) of Section 86080.
research leading
ing to improvement and (d) The sun-, of forty million dollars
conservation of water supplies I improved. piles anc. unproved ($40,000,000) is appropriated frorn the fund to
water quality in California. U
the San Gabriel and Lower Los Angeles Rivers
(4) Five million dollars ($5,000,000) is and Mountains Conservancy for projects to
appropriated to the Office of Water Programs at capture
Dture and use dry weather runoff and
California State University Sacramento to stormvvater runoff pursuant to Division 22.8
undertake research leading to improvement and (commencing with Section 32600) of the Public
conservation of water suPp/1'es and. improved Resources Code.
water quality in California. (e) The suim of fortv rnillion dollars
(5) The institutions of higher education 40,000,000) is appropriated from the fund to
receiving funds pursuant to this subdivision the State Coastal Conservancy for projects to
shall work together to assure that their efforts capture and use dry weather runoff and
do not conflict or overlap, but are complementary torl-riwater runoff pursuant to Division 21
S I I
to each other-. (commencing with Section 31000) of the Public
Article C. Capture and Use of Resources Code.
Urban Runoff and Stormwater (0 Funds spent pursuant to this section shal!
86050. (a) The sure of four hundred million be used for competitive grants for projects that
dollars ($400,000,(00) is appropriated from develop, implement, or improve roul'tibenefit
the fund to the state board for projects to projects identified and prioritized in storl-riwater
capture and use urban dry weather runo-fif and resource -plans consistent with Part 2.3
storn7water runoff. Ali grants made ,pursuant to (corm-nencing with Section 105601) of
this section by the state board for construction Division 6, as that part may be amended, and
projects must be to counties or cities. a city and shall include as many as possible of the
county, or a joint powers authority containing a following benefits: capture and treati-nent of
city, county, or city and county with stor-l-riwater or dry weather runoff for beneficial
responsibility for flood control or managerrient. uses; removal of pollutants from the captured
The state board may spend up to fifty million and treated runoff,- creation or restoration of
dollars ($50,000,000' grants for g parkland' capture and treat to I to el�g,,ble habitat Or Par I
entities as defined in subdivision (a) of Section stormvvater or dry weather- runoff for beneficial
86-166 to develop
D storn-7water resource plans. uses by using hest managerrient practices that
Funds available pursuant to this section shall be improve environmental quality;
ity; removal of
allocated to projects serving and providing a pollutants from the captured and treated runoff;
direct benefit to disadvantaged and severer; creation or restoration of habitat or parkland;
disadvantaged communities. The state board storage
,e, infiltration, Or use of the captured and
may use these funds to make grant,,., for treated runoff to augment local water supplies;
-technical assistance and outreach to creation or restoration of native habitat, trails,
disadvantaged COMPluirlities. parkland, or other natural open space, reduction
6b) The sum of thirty million dollars of urban heat islands; and provision of other
($30,000,0001) is appropriated from the fund to public recreational opportunities. Projects that
the California Tahoe Conservancy for projects to include wetlands and native habitat Or project
ect
capture and use dry weather runoff and elements designed to mimic or restore natural
stornmater runoff in the Lake Tahoe Basin watershed functions shall be given the highest
pursuant to TItle 7.42 (commencingy.with priorit
section 66905) of the Government Code. (g) Of the amount appropriated
DrOPriated pursuant to
(c) The sum of forty million dollars subdivision (a), at least forty million dollar,,
($40,000,000) is appropriated from the fund to ($40,000.000) shall be available for projects
the Santa Monica Mountains Conservancy for that reduce the flow of trash and other
projects to capture and use dry weather runort pollutants: (1) into a National F-stuarine
L,:3 Te.xtnfProrY,sed ' ws 25
1
T XT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
Research Reserve, onto beaches, or into near- 86053. Funds allocated pursuant to this
shore coastal waters in San Diego County or (2) article n)a"y be granted to an eligible applicant
i"
into San Diego Bay. Priority shall be giver? to for single or multiple small-scale projects that
projects that reduce the flow of trash or- other are consistent with, Chapter 6._,5 (commencing
pollutants into one or more units
ts of the state with Section .1.650) of Division 2 of the Fish and
park.systen,,. Carrie Code, regardless of whether that chapter
86051. (a) Each state agency receiving funds is still in effect.
pursuant to this article shall require at least a Article 7. Integrated Regional
50 percent cost share by recipients of grant Water Management
funds, but may eliminate or reduce the 86054. The sun-, of five million dollars
match,ing requirements for- that portion of ($5,000,000 is allocated to the de-partment to
Projects Driniari/y benefiting disadvantaged provide direct- funding support to approved
communities or economically distressed areas. integrated Regional Water Management (I R WM)
(b) Projects funded by this section tn,' St COMID/y regional water manag-en)ent groups for the
i. i,
with water quality policies or regulations purpose of maintaining ongoing 1R[WV17 planning
adopted bythe state board or the regional water and implementation efforts, thereby sustaining
quality control board with jurisdiction over the the significant investment made through 1RW&I
project. for regional collaboration on water management.
(c) Project costs may include development of C-FIAPTER 6. WATERSHED, LLANO, AND
decision support tools, data acquisition, and FISH, IES IMPR0VEMENTS
geographic information systeni data analysis to Article 11. Watershed Improvement for Klater
identify and evaluate the benefits and costs of Supply and Water Quality Enhancement
potential storrnwater capture and reuse projects. 86080. The sure of two billion three hindred
(d) Preference shall be granted to projects that fifty-five million dollars ($2,35_,5,000,000) is
divert stormwater or dry weather runoff fi-Om appropriated from the fund to protect, restore
storm drains or channels and put it to beneficial and improve the health of watershed lands,
use, including forest lands (including rocks,
s,
(e) Agencies receiving funds pursuant to this redwoods, and sequoias), meadows,
wetlands,
section shall give high priority to projects chaparral,
7aparral, riparian habitat, and other watershed
benefittin,q disadvantaged communities. Eacil lands, including lands owned by the United
agency receiving fund,, pursuant to this article States, in order to protect and improve water
shall allocate at least 35 percent of the funds supply and water quality, improve forest health,
they receive for projects that benefit reduce fire danger consistent with the best
disadvantaged communities. available science, mitigate the effects of
X In implementing this article, each agency wildfires on water quality and Suppiy, increase
receiving funds pursuant to this article shall' flood protection, remediate aquifers, or to
protect or restore riparian or aquatic resources.
consult with the Natural Resources age
ncy;genc*y; No grants made pursuant to this section shall
regarding the integration and prioritization or be for reservoir maintenance or sediment
the habitat, parkland, open space, recreational, removal from a reservoir or upstream of a
and public use components of stormwater and '
dry weather runoff capture- and reuse projects eser.vol,rl exceptfor as necessary r field research
' required pursuant to subdivision (a). Funds shall
and shall seek assistance from the Natural be allocated as follows:
Resources agency in the review and scoring of (a) Two hundred million dollars
proposed projects. (a)
000,000) to the Sierra Nevada
(g) Projects may prevent storm.water and dry - tion, and
weather runoff fro entering storar drains or Conservancy for the protection, restora
channels. m improvement of Sierra Nevada watersheds
pursuant to Division 23.3 (commencing wits?
86052. Entitie.5 defined in subdivision (a) of Sect-ion 3315-00) of the Public Resources Code
Section 86166 are eligible to receive funds and including the purposes outlined in Section
under subdivisions (b), (c), (d), and (P) of 33320 of, the Public Resources Code. Funds
Section 86050. shall also be spent for the implementation and
26 1 Text of Proposes Laws
TEXT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
to further the goals and purposes of the Sierra (2) Sixty million dollars ($60,000,000) to the
Nevada Watershed Improvement Program. Santa Monica Mountains Conservancy. for the
Projects eligible for funding under the Sierra protection and restoration of the watersheds of
Nevada Watershed Improvement Progran) may Santa Monica Bay, the Upper Los Angeles Rivet-
include research and monitoring to measure the and the Upper- Santa Clara River pursuant to
I
,;nrf,)act of forest restoration work on water Division 2-3 (commencing; with Section 330001)
supply, climate, and other benefits, including of the Public Resources Code and the
long-term air quality, water quality and quantil- watersheds defined in subdivision (c) of Section
70.
greenhouse gas emissions, carbon storage, 7 9_51 thirty million dollars ($30,000,000) to the
habitat-, recreational uses, and community (3) 7
vitality. Projects funded under the Sierra Nevada Santa Ana River Conservancy Program of the
Watershed Improvement Progr
am shall be based State Coastal Conservancy for the protection
on tone best available science regarding forest and restoration of watersheds of the Santa Ana
restoration and must be undertaken to improve River pursuant to Chapter 4.6 k1commen.-ing
water supply and quality, to protect and restore of t 14 with Section 31170) of Division 21 e
ecological values, and to promote forest- Public Resources Code.
conditions that are more resilient to wildfire, t,11) Thirty million dollars ($30,000,000) to the
climate change, and other disturbances. The
Sierra Nevada Conservancy may make grants to Baldwin Hills Conservancv for the protection
federal agencies if it deten-nines such grants are and restoration of the Bak&,in Hills and Ballona
the most efficient way to inwler'nent the intent Greek watersheds,
and for projects to capture,
dry weather runoff and storipwater runoff
of this division on federaltvmanaged lands.
I pursuant to Division 22.7 (commencing with
6'b) Sixty million dollars ($650,000,000) to the Section 32550) of the Public Resources Code.
California Tahoe Conservancy for the protection (e) Forty million dollars ($40,000,000) to the
and restoration of watersheds of the Lake Tahoe
San Diego River
BaSit'l, pursuant to Title 7.42 (commencing with Conservancy for the protection
and restoration of watersheds in the County of
Section 669(15) of the Government Code. Funds San Diego pursuant to Division 2P.9
shall be Spent for implementation and to further (con-7niencirw with Section 32630) of the Public
the goals and purposes of the Lake Tahoe Re L
sources Code.
Environmental Improvement Program?, pursuant
(f) One hundred thirty-five million dollars
to Article 6 (comn,,enc.ing with Section ''$135,000,000) to the State Coastal
of
5096.351) of Chapter 1.692 of Division -5 1 Conservancy for the protection and restoration
the Public Resources Code. G Lf
of coastal watersheds Pursuant to Division 21
(c) One hundred million dollars (comrr " Section 31000) of the Public
nencing with
($7 00,000,0001' to the San Francisco Bay Area Resources Code.
Conservancy Program of the State Coastal (g) On e hundred fifty arillion d o//a r-s
Conservancy for the protection and restoration ($150,000,000) the DrOtection and for
of watersheds of the San Francisco B ay Area, restoration of the watersheds of the Sacramento
pursuant- to Chapter 4.5 (commencing with and San Joaquin Rivers as follows:
Section 31160) of Division 21 of the Public
Resources Code. (1) One hundred million dollars
(d) One hundred eighty million dollars ($100,000,000) to the Sacramento--
($180,000,0001' for the protection and San Joaquin Delta Conservancy'y for protection
restoration of watersheds of the Counties of and restoration oil the Delta pursuant to Div.icion
Los Angeles, Ora.qgo, and Ventura as follows: 22.3 (commencing with Section 32300) of the
Re fig/nest 10 Publi(, -sources Code. 1 1 Lt for; rit shall be
y I V
(1) Sixty million dollars ($60,000,000) to the given to projects that benefit the restoration of
San Gabriel and Lower Los Angeles Rivers and native species and that reduce the negative
Mountains Conservancy for the protection and impacts of excessive, salinity intrusion. Highest
restoration of the watersheds of the San Gabriel priority shall also be given to projects that
and Lower Los Angeles Rivers pursuant to restore habitat important to species listed
Division 22.8 (commencing with Section pursuant to the federal Endangered Species Act
32600) of the Public Resources Code. of 1973 ('16 U.S.C. Sec. 1531 et seq.) and the
Text of L,:3 Prom'sed ' ws 27
1
T XT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
California Endangered Species Act (Chapter 5 (4) Ten million dollars ($10,000.,000) to the
(commm.encing with Section 2050) of Division 3 State Coastal Conservancy for grants to nonprofit
of the Fish and Game Code). The funds may organi7c'ltions and local public c3gencr,I es to
also be used for irriprovement of public implement river parkway projects for habitat
recreational facilities in the Delta and for grants restoration, public recreation, and water Quality
to local agencies and nonprofit organizations to improvement along the Santa Clara River
increase community access to parks and corridor;
recreational opportunities to,- underse,-ved urban t-
05) Ten million dollars ($10,000,000) to the
communities in the Delta. The conservancy may
State, Coastal Conservancy for g
imp/emem programs desig�7ed to reduce grants to nonprofit
1, organizations and local public agencies to
greenhouse gas emissions from the Delta. implement river parkway 'projects for habitat
0 Twenty million dollars ($20,000,000) to restoration, public recreation, and water quality
the San Joaquin River Conservancy for the irnprovement along the Tijuana River corridor.
implementation of the San Joaquin River
Parkway pursuant to Division 22.5 (cornmenci.ng 6) Ton trillion dollars ($10.,000,000,1 to the
with Section 32500) of the Public Resources State Coastal Conservancy for grants to nonprofit
Code. organizations and local public agencies to
implement river parkway projects for habitat
(3) Thirty million dollars ($30,000,000) to the restoration, public recreation, and water -,lah;ty
Lower American River Conservancy Fund improvement along the Carmel River Corridor
created by Section 5845.9 of the Public (7) Ten million dollars ($10,000,000) to the
Resources Code. The Wildlife Conservation '
Board shahl use these funds to implement State Coastal Conservancy for grants to nonprofit
organizations and local public agencies to
Chapter .10.5 (commencing with Section 58451 1.niplerrient river- parkway projects for habitat-
of Division 5 of the Public Resources Code. restoration, public recreation, and water quality
(h) One hundred seventy million dollars improvement along the Napa River corridor.
($170,000,000) for river parkways, as follows:YS (8) Fifteen million dollars ($15,000,000) to
(1) Seventy million d ($70,000,000)
ollars to the State Coastal Conservancy for river parkway
the Natural Resources Agency for projects projects within the San Diego Bay watershed.
pursuant the California River Parkways Act of (
2004 (Chapter 3.8 (commencing with Sec ti tide 19) Fifteen million dollars ($15,000,000) to
the State
57501 C'oasta.i Conservancy for river parkway
I ! of Division 5 of the Public Resources projects along the Santa Margarita River in the
Code). The Secretary of the Natural Resources County of San D''ego.
Agency shall allocate at least 65 percent of
these funds projects that benefit' '10on million ;1 on dollars) T 10,000,000) to the
l $
disadvantaged communities. Vlith the remaining California Tahoe Conservancy to implerrient
funds, the secretary shall seek to benefit poorer habitat restoration, public recreation, and water
Quality improvements along the Upper Tr uckee
communities that do n o t qualify as ualitI P,
disadvantaged communities. River corridor.
(2) Ten mil/ion dollars ($110,000,000) to the 0) One hundred fifty million dollars
State Coastal Conservancy forgrants to nonprofit ($150,000,000) shall be available for projects
organizations and local public agencies
es to that restore, protect, and preserve the
implement river parkway projects for habitat Los Angeles River and its tributaries, as follows:
restoration, public recreation, and water quality (1) Seventy-five million dollars ($75,000,000)
im"provernent along the Guadalupe River to the Sail Gabriel and Lower Los Angeles Rivers
corridor. and Mountains Conservancy pursuant to Division
3 1� 22.8 (commencing with Section 326001) of the
k ) Ten million dollars ($10,000,000) to the State Coastal Conservancy forgrants to non-profit Public Resources Code and Section 79508 of
organizations and local public agencies to this code.
implement
p/ement river parkway projects for habitat (2) Seventy-five million dollars ($75,000,000)
restoration, public recreation, and water quality to the Santa Monica Mountains Conservancy
irnprovementalOng the Russian River corridor. pursuant to Division 23 (commencing with
28 Tex i of Proposes Laws
TEXT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Section 33000) of the Public Resources Code ($30,000`000) shall be available for grazing
and Section 79508 of this code. land protection Pursuant to the California
'j) threeU hundred million dollars Rangeland, Grazing Land, -0 a, Grassland
($300,000,000) to the Wildlife Conservation,tion Protection Act (Division 10.4 (commencing with
Board for the following-: Section 10330) of the Public Resources Code).
/
(./N
For the protection and restoration of the (8) Of the arnount made available Pursuant to
watersheds of the Sacramento, Smith, Eel, and this subdivision, not le-3.5 than
Klamath Rivers and other rivers of the Counties sixty million dollars ($60,000,000) shall be
of Del Norte, Humboldt, Marin, Mendocino, and available for projects that advance the
Sonorria! and the Carrizo Plain pursuant to conservation objectives of natural community
Chapter 4 (comrnend I ng with Section 1300) of conservation Plans adopted pursuant to the
Division 2 of the Fish and Garne Code. Natural Community Conservation Planning Act
(2,
I For protection and restoration of oak (Chapter 10 (comrnencing with Section 2800)
woodlands and rangelands pursuant to Division of Division 3 of the Fish and Game Code). First
I O.4 (commenc,,.ng with Section 10330) of the priority shall be given to plans that include
Public Resources Code and Article 3.5 protection of aquatic ecosystems. Funding
"corn e.unencing with Section 1360) of Chapt r 4 pursuant- to this paragraph shall not be used to
of Division 2 of the Fish and Game Code. offset rnitig I L gat'on obligations otherwise required.
(3) For acquisition and restoration Of riparian (k) Twenty-five million dollars ($25,000,000)
habitat,
migratory bird habitat, anadromous to the Coachella Valley Mountains Conservancy
fisheries, wetland habitat, and other watershed for the protection and restoration of the
lands pursuant to Chapter 4 (commencing with Coachella Valley watershed pursuant to Division
Section 1300) of Division 2 of the Fish and 23.5 (commencing with Section 33500) of the
Game Code. Public Resources Code.
N) Grants may include funding to help fulfill (1) One hundred fifty million dollars
state commitments to implement
Dleiment Natural ($1-50,000,000) to the Department of Parks
Community Conservation Plans adopted and Recreation for protection and restoration of
Pursuant to Chapter 10 (cornmencinqf with watershed lands within and affecting units of
Section 2800) of Division 3 of the Fish and the state park system, with high priority to
Game Code, and to large-scale regional Habitat
red�
Conservation Plans adopted pursuant to the protecting
and other forest land important to
federal Endangered Species Act (16 U.&C. Sec. protecting river and stream flows and quality. In
15-31 et seq.). addition to other purposes authorized pursuant
to this section, the Department of Parks and
(5, Oil the amount made available pursuant to Recreation may allocate funds to improve
prove and
this subdivision, the Burn of ten million dollars increase the efficiency and effectiveness of
($10,000,000) shall be available to assist state park water suppfv and wastewater
farmers in integrating agricultural activities with treatment systems.
watershed restoration and wildlife protection. 0-rill Sixty million dollars ($60,000.000) to the
Priority shall be given to projects that include
Departmet of Conservation for watershed
partnerships with resoirce conservation -In
districts. restoration and conservation projects on
(6) O-l' the amount made available pursuant to agricultural lands, rangelands, managed
wetlands, and forested lands.
this subdivision, the sun-, of fifty million dollars '1) No less than thirteen million dollars
($50,000,000) is appropriated to the Oak ($ 3,000,000) shall be used for gra n ts
Woodlands Conservation Fund established by k, I
Section 1363 of the Fish and Game Code, and pursuant to Section 9084 of the Public
m4y be expended pursuant to Article 3.5 Resources Code.
(commencing with Section 1360) of Chapter 4 (2) No less than thirty-one million dollars
of Division 2 of the Fish and Game Code. ($31,000,000) shall be used for the purposes
(7) Of the amount made available pursuant to of Division .10.2 (commencing with Section
on
this subdivision, the sum of thirty million dollars 10200) of the Public Resources Code.
Text of Promised Liaws 29
T XT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
( ) Ten million dollars ($10,000,000) shall be (2.) Of the amount allocated pursuant to this
used for the Watershed Coordinator Grant section, the sum of one million dollars
Program. t$1,000,000) shall be available for a Sal'ton
(n) One hundred million dollars Sea Integrated Watershed Plan providing
($100,000,000) to the Ocean Protection technical assistance for, outreach to, and.
Council for projects that: (1) reduce the amount engagement with severely disadvantagedcomm a n it'ies.
of pollutants that flow to beaches, bays, coastal
estuaries, and I near-shore ecosystems; and (2) (p) Five million dollars ($5,000,0(30) to the
protect coastal and near-shore ocean resources Delta Stewardship Council for the Delta Science
from the impacts of rising sea levels, storm; Program as described in Section 85280.
------------------------------- acidification and related hazards, (q) Fifty million dollars ($50.000,0001 to the
surges, ocean acl . 1.10 1
including, but not limited to, Increasing the department for Urban Streams Restoration
resiliency of near-shore ocean habitats. Projects Program competitive grants pursuant to Section
I-nay include, but are not limited to, projects 7048, The department shall allocate at least
that protect or restore beaches, coastal' estuaries 65 percent of these funds for projects that
and watersheds, bays, and near-shore ben mefit disadvantaged comunities. With the
shall seek to
ecosystems, including marine protected areas, remaining funds, the department
Of this amount, the council shall use at least benefit poorer communities that do not qualify
five million dollars ($5,000,000) for the local as disadvantaged communities.
coastal program sea level rise grant program tO T 'y m"lion dollars ($20,0001,000) to the
that supports local coastal program updates to , went /it L
Department of Forestry and Fire Protection for
address sea level rise, including sea level rise
n,,odeiing, vulnerability assessments, and grants for urban forestry projects that manage,
capture, or conserve stormwater. recharge local
adaptation planning and policy developmenti
groundwater supplies, Or improve
Drove water supplies
(o) The sumof two hundred million dollars or water quality through infiltration, sediment
`$200,000,0001 is appropriated from the fund
management, and erosion control pursuant to
to the Natural Resources Agency, for Water- the California Urban Forestry Act (Chapter- 2
related projects that im-p/ement the Natural (commencing with Section 47.99,06) of Part
Resources Agency'`s Salton Sea Management 2.5 of Division 4 of the Public Resources Code).
Program consistent with provisions of Article 2 (s) Fifteen million dollar,, ($15,000,000) to the
(comimencing with Section 2940) of Chapter 13 Delta Protection Commission for expenditures,
of Division 3 of the Fish and Game Code, and in grants, or loans for projects that improve water
fulfillment of the obligations of the State of quality by improv/.fig wastewater treatment in
California to comply with the terms of Chapters Delta legacy communities, as described in
611, 612, 613, and 614 of the Statutes of subdivision (1) of Section 32301 of the Public
2003. These statutes were, enacted to facilitate Resources Code, and at recreational facilities in
the execution and implementation of the the Delta. Funds may be expended on
Quantification Settlement Agreement, including- waste�.4,Ll 3 ter irnDrOverrient projects serving De.Ita
n restoratio of the Salton Sea. The Natural legacy commvriities, or Delta /epacy community
Resources Agency may expend these funds on househo/ds with failing septic systems which
projects that provide multiple benefits of threaten the quality of groundwater or surface
ecosystem restoration, air quality irnDrOVen'lent.
I water SWID/i
and economic recovery for severely supplies eS used for urban, agricultural, or
disadvantag fisheries purposes. Funds may also be allocated
L ged communities. to improve, and increase the efficiency and
(1) 0-117 the amount appropriated
Dpropriated pursuant to this effectiveness of Delta recreational facility
paragraph, not less than twenty million dollars wastewater treatment systems. Priority shall be
($20,(100,000) shall be available for purposes given to projects that address public health
consistent with the New River Water Quality, hazards. Projects may identify, plan?, design,
implement Health, and River Parkway Development and impleent regional mechanisms to
Program, as described in Section 711013.6 of consolidate wastewater systems or provide
the Public Resources Code, affordable treatment technologies.
ies.
30 1 Tex of Proposes Laws
TEXT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
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(t) Twenty Million dollars ($20,00(3.,000) to the (v) Eighty million dollars ($80,(.100,000) to the
Department of Parks and Recreation for projects State Coastal Conservancy for the removal of
that provide access to rivers for nonmotorized Allatilija Dam, and for associated levee and flood
L
recreation and for grants to eligible entities as control im'DrOverrients, water supply
defined in subdivision (a) of Section 86166 for improvements, and related projects on Matilija
this PLjrpOSe. First priority shall be given to Creek and the Ventura River, and for river
projects that include matching funds and to parkway projects along the Ventura River. The
projects that serve disadvantaged communities conservancy ina.Y grant all or part of these fund,,
and economically distressed areas, whether or to the County of Ventura. Highest priority for the
not the.Y include cost sharing. river parkway proj.ects shall be those which
G
(u) 01) Twenty million dollars ($20.,000,000) benefit disadvantaged communities. If the State
to the Wildlife Conservation Board for the Coastal Conservanc,v determines that all or 'dart
construction of a Pacific Flyway Center in the of t:hese funds is not needed to complete this
vicinity of the Suisun Marsh, to be operated by project, it may allocate the unneeded part of the
the Department of Fish and Wildlife. The funds to the purposes of'subdivision (0.
The sum of twen- five-five million dollars
Department of Fish and Wildlife may contract w)
with a nonprofit organization to operate the ($25,000,000) to the University of California
center, The center shall be used to educate t-he for the Natural Reserve System for matching
public about the importance of California's grants for land acquisition and for the
i construction and development of facilities that
wetlands, .agricultural lands (including ric-e),ano' riparian areas in benefitting waterfowl, will be used for research and training ng to improve
shorebirds., native plants., and animals, the value the management of aquatic ecosystems, natural
of wetlands in absorbing gases that cause lands, and the Preservation or conservation of
climate .-hange, and similar educational California's wildlife resources. Priority shall be
p,lrposes. The operator of the center shall make given to projects that advance research on the
impacts of climate- t'hange, reduction of
special efforts to bring people, and especialy greenhouse gas eml.ssionsI and adaptation of
students, from disadvantaged communities to natural systems to the impacts of climate
the center for educational purposes. If the
Wildlife Conservation Board determines that all
or part of these funds is not needed to complete (x) 07) The SLIM Of fifty million dollars
P, P,
this project, it !,,)a.Y allocate the unneeded part ($50.,000,000) is appropriated from the fund to
of the funds to the nurpOSeS of subdivision (j). the Sierra Nevada Conservancy for the T)urPOSe
(2) (A) 0 f the amount appropriated by of awarding giants within the jurisdiction of the
paragraph (1), the Wildlife Conservation Board conservancy to eligible entities as defined in
may make a grant of up to four million dollars subdivision (a) Of Section 86166 for the
($4,000,000) to a nonprofit organization whose purpose of reducing the -threat of wildfires which
Principal PurP0,'3e is 'wildlife conservation to would negatively impact watershed health.
establish a trust -fund', -the interest from which Projects n,,ay be for the purpose of hazardous
shall be used oxclusive/y to operate the Pacific fuel rforest e-duct ion, -postfire watershed rehabilitation,
F#yway Center and bring people from management practices that- promote forest resilience to severe wildfire, climate
disadvantaged communities to the center. cl.7ange, and other disturbances, and
I I
(B', VIVith the approval oil the Department of Fish development
Drnent of local' plans to reduce the risk of
and Wildlife, the nonprofit organization can wildfires that Could adversely affect watershed
-transfer the operation of the Pacific Flyway health. Preference shall
I be given to grants,
Center to another nonprofit organization. If such which include matching
ng funds, but this
a transfer takes place,. the trust fund shall' be preference rnav be reduced or elirninated for
transferred to the new nonprofit organization. grants which benefit disadvantaged communities
(3) If the funds allocated by this section are not or economically distressed areas.
all used to construct the Pacific Flyway Center (2) The surn of fifty million dollars
by January 1, 2028, any remaining funds are ($50.,000,000) is appropriated from the fund to
appropriated to the Wildlife Conservation Board the Department of Forestry and Fire, Protection
for the DWPOSes of Sect-ion 86123. for the pLirpOSe of awarding grants in areas
Text of ProrYlsed Liaws 31
T XT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
outside the Jurisdiction of the Sierra Nevada reduction., post'-fire, watershed r eha bi/itation,
Conservancy to eligible entities as defined in and forest management and tree planting using
subdivision (a) of Section 86166 for the appropriate native plants, shal/ be based on the
purpose of reducing the throat of wildfires which best available science regarding forest
would negatively impact watershed health. restoration and must be undertaken to protect
Pro-iects may be for the purpose of hazardous and restore ecological values and to promote
fuel reduction, posture re �,vatershed rehabilitation forest conditions that are more resilient to
and restoration, forest managernent practices wildfire, climate change, and other disturbances.
that promote forest resilience to severe wildfire. (2) Fuel hazard reduction activities on United
climate change, and other disturbances, and States Forest Service lands in the Sierra Nevada
devolopm,ent of local plans to reduce the risk of and similar forest types shall be generally
wildfires that could adversely affect watershed
health. Preference shall be given to P consistent with objectives of the Sierra Nevada
I �rants Watershed Improvement 1--rogram and the best
which include I-riatching funds, but this
I available science, including United States
preference may be reduced or eliminated Tor Forest Service General Technical Report
grants which benefit disadvantaged communities es PSW-GTV,1-220, as it may be updated.
or econo.micaltv distressed areas.
86083. Consistent With the other 86085. Any entity receiving funds pursuant to
requirements of this article, funds spent this article that expends
Dends funds on private lands
pursuant to this article rriav be used for grants shall secure an agreement or interest in the
J 4�to eligible entities as defined In subdivision (a) private lands to assure the purpose of the
of Section 86-166. Funds awarded to eligible expenditure is maintained for such time as Is
entities i-nay be used for projects on land owned commensurate with the best practices for the
by a state or federal agency. With the exception type of Project.
of funds allocated to grant programs, funds may 86086. (a) (11) A local public agency, Indian
also be used directly by the state agency tribe, or nonprofit organization that receives
receiving the funds to implement watershed funding for 3 Project pursuant to this article may
improvement proJects consistent with this use up to 20 percent of those funds to establish
article. In making grants pursuant to this article, a trust fund that is eXCILISiVely used to help pay
agencies shall give high priority to applications for the maintenance and monitoring of that
that include cost sharing and to grants that project.
benefit disadvantaged communities and ,2)( local' cal public agency, Indian tribe, or
economically distressed areas whether or not nonprofit organization that acquires an interest
they include cost sharing. in I
' a project with money from this article and
86084. (a) For a project to be eligible for ra nsfers the interest in the project to another
funding
. d'ng- pursuant to this article, the project public agency, Indian tribe, or nonprofit
shall have watershed protection and restoration, organization shall also transfer the ownership Of
water Supply Or water quality benefits, or the trust fund that eras established to maintain
ecosystem benefits relating to rivers, streams, that interest in the project.
forests, meadows, wet/ands or other eater-
related resources. 3) This subdivision does not apply to state
agencies.
(b) (1) Funds appropriated pursuant to this (b) If the local public agency, Indian tribe, or
article may be used for protection and
restoration , , , nonprofit organization does not establish a trust
I of forest,, meadows, wetlands,
pursuant to subdivision (a), the agency,.
riparian habitat, coastal resources, and near- tribe, or organization shall certifk to the state
to acquire /and a shore ocean habitatT., nd agen I cy making the grant that it can maintain
easements to protect these resources and avoid the project to be undertaken using funds
devolopment that may reduce watershed health, - I
and to -take other measures that protect or otherwise ava7c-ible to the agency tribe, or
improve the quality or quantity of water supplies organ I.zation.
downstream from projects funded in whole or in (c) The interest from; the trust fund shall be
part by this article. Forest restoration prqiects, used only to monitor the Implementation of a
inCludinp fuel project and to maintain a project and its water g, but not limited to, hazardous fL L
32 Tex of Proposed Laws
TEXT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
supply and water quality benefits implemented Game Code, regardless of whether that chapter
pursuant to this article. i.s still in effect.
(d) If an interest in a proiect ?,3 condemned or if 86094. In making grants pursuant to this
the local public agency, Indian tribe, or article, the Wildlife Conservation Board shall
nonprofit organization determines that the give highest priority to projects that:
interest in the proJect is unable to fulfill the (a) Are most cost-effective in producing
put-poses for which money from this article was improved eater supply or water quality and that
expended, the trust fund and any unexpended provide the greatest fish and wildlife benefits.
interest are, appropriated and shall be returned (b) Include matching funds.-to the agency that provided the nionejl� The
funds returned to the agency n7ay be utilized (c) Benefit disadvantaged communities and
only for projects Pursuant to this article. economically distressed areas.
86087. Funds allocated pursuant to this (d) Are for the purpose of invasive plant control
article may be granted to an eligible applicant and eradication, restoration of riparian;
an habitat,
for single or multiple small-scale projects that meadows and wetlands, and other projects that
are consistent with Chapter
pter 6.5 (come-riencing improve the flow of water from the lands, and
with Section 1650) of Division 2 of the Fish and reduce the use of water by invasive plant
Game Code, regardless of whether that chapter species.
is still in effect. 86096. For a project to be eligible for funding
86088. BY April 30, 2019, the Natural pursuant to this article, the project shall have
I A
Resources AgencY shall recon)tPend provisions eater supply or water quality benefits or both.
for grant approval guidelines to each state project that targets the removal of invasive
-i,genc V c that receives an appropriation pursuant plants to increase eater Supply shall only be
to this article in order to ensure appropriate funded if the applicant guarantees that the land
consistency of the guidelines. F--ach agency shall from which plants will be removed will be
consider the recommendations ions of the Natural maintained.
resources e Ag,, ncv as they adopt their own 86097. (a) (1) A local public agency, Indian
guidelines. tribe, or nonprofit organization that receives
, I
86089. Agencies receiving funds pursuant to funding under this article may use up to
this article shall give high to priority p 20 percent of those funds to establish a trust
P, projects
that benefit the native wildlife, birds, and fishes fund that is exclusively used to help pay for the
l_
of California. rna ntenance and rrionitoring of the funded
Article 2. I.-and and Water Management project.
for Water .supply
Dply Improvement (2) A local public agency. Indian tribe, or
nonprofit organization that undertakes a project
86090. The seine of one hundred million dollars with money from this division and can no longer
($100,(.100,000) is appropriated from the fund to the Wildlife Conservation Board for the maintain the project shall transfer the ownership
purpose of awarding competitive grants to of the trust fund to another public agency,
eligible entities as defined in subdivision (a) of Indian tribe, or nonprofit organization that is
Section 86166 to improve the quality of public willing and able to maintain that project.
and private rangelands, wi/dIands, meadows, (3) This subdivision does not apply to state
wetlands, riparian areas, and aquatic areas for agencies.
the Purpose of increasing groundwater recharge (b) If the local public agency, Indian tribe, or
and water Supply from those lands and for nonprofit organization does not establish a trust
ii-riproving water qualify consistent with -fund nLM15LIant to subdivision (a), the agency,
protecting and restoring ecological values. tribe, or organization shall certify to the state
86091. Funds allocated DurSuant to this agency freaking the grant that it can maintain
article may be granted to an I eligible applicant the project In an appropriate- condition.
for single or multiple striall-scale pro-jects that (c) The interest from the -trust fund established
are consistent with Chapter 6.5 (commenci I qc from the funds available pursuant to this section
with Section 16501) of Division 2 of the Fish and shall be used only to maintain a project and its
Text of L,:3 Prom'sed ' ws 33
1
T XT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
water supply and water quality benefits valley is necessary for the ecological and
irnpleniented pursuant to this article. econornic health of the State of California.
(d) If the interest in a project is condemned or (b) Fish need both suitable habitat and
if the local public agency, Indian tribe, or appropriately; timed flows in rivers and their
P, P,
nonprofit organization determines that the tributaries.
interest in the project is unable to fulfill the (c) The state board shall take note of the
pur,poses for which money from this article was funding provided by this article and the resulting
expended, the trust fund and any unexpended fish habitat restoration as the state board
interest are, appropriated and shall be returned determines flows necessary to restore central
to the Wildlife Conservation Board. The funds valley native fish populations and fisheries.
returned may be utilized only for projects ( y 9
authorized by this article. d) Man state and federal agencies, including
the departrrient. the Departl-rient of Fish and
86098. In implementing this article, the Wildlife, the Delta Stewardship Council, the
Wildlife Conservation Board may provide Delta Conservancy, the Wildlife Conservation
incentives to landowners for- conservation Board, the Central Valley Flood Protection
actions on Private lands or use of voluntary Board, the federal Bureau of Reclamation, the
habitat credit exchange mechanisms. -i f United States Fish; and Wildlife- Service, and the
86099. At least 10 percent of the funds National Marine Fisheries Service, have
available pursuant to this section shall be prepared policies and -plans to restore Central
allocated forprojects that provide a direct Valley native fish and fisheries habitat, but these
benefit to disadvantaged communities. These policies and plans are, not fully funded.
benefits may include range 11-riprovement, (e) Miany state and federal laws require the
among other benefits. These projects may restoration of central valley native, fish
include technical assistance for; outreach to, populations and fisheries habitat, but funding
11
and engagement with disadvantaged
has not been fully available to carry out the
cornMunities. reavi.rernents of these laws.
Article S. Conservation Corps (f) The Burn of four hundred million dollars
86105. The sum of forty million dollars ($400,000,000) ,s appropriated from the fund
($40,000,000) is appropriated from the fund to to the Natural resources Agency for the
the California Conservation Carps for project,, to restoration of central valley populations of native
protect, restore, and improve the health of fish and fisheries habitat.
watershed lands, including forest lands, ,,
(A) The Secretary of the Natural Resources
meadows, wetlands, chaparral, riparian habitat, age
ncy; shall appoint a Central Valley Fisheries
and other watershed lands. Projects n,,ay Advisory Committee made up of representatives
include, but are not limited to, regional and
from the Central Valley Salmon Habitat-
community fuel hazard reduction projects on Partnership, appropriate local, state, and federal
public lands, invasive species removal, and fish and water rnanaqfenient and other agencies,
stream, river, and riparian restoration projects. nonprofit organizations, con7mercial fishing
The California Conservation Corps shall allocate organizations. universities, local agencies, and
at least 50 percent of the funds pursuant to this Indian tribes' with relevant scientific expertise,
section for grants to certified local conservation including- representation from the upper
,V e corps. Project,, shall improve water quality, I, atorq. sh ds. The committee shah advise the
water SuppY reliability,; or riparian or watershed secretary on the annual expenditire of funds
health. Projects shall be undertaken in appropriated pursuant to this article. The
coordination with a nonprofit organization or con-imittee may solicit projects and direct the
public agency. -creation of projects pursuant to this article,
Article 4. Central Valley Fisheries Restoration subject to approval by the secretary.
86.1.06. (a) The 'T,)eople of California find and (B) The con7n7ittee shall work closely with
dra
t at the protection, restoration, and. representatives from each river basin in the
enhancement of native- fish populations, central valley, including
i d ng local government an
including anadrornous sall-rionids, of the central water agencies, Indian tribes, and nonprofit
34 1 Tex of Proposes Laws
TEXT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
organizations, to develop projects that are most that will provide enhanced juvenile rearing and
suitable for the conditions in the basin and that food production opportunities.
meet the other requirerrients of this section. (5) Of the funds authorized by th,ic section, the
(C-) In proposing projects, the committee shall Secretary of the Natural Resources Agency may
take into account the entire fife cycle of the fish allocate lip to ten million dollars
000,000) for one or more grants for,
species to be benefitted and shall consider the ($10
interaction of the effects of each project within Capital outlay and related programmatic
a rive., basin with projects in other rive., basins. purposes to institutions of higher education for
The committee shall also consider adverse facilities that can be used to irnpl`OVe scientific
impacts resulting from poor- watershed health, and technical coordination, communi I cation and
T
including severe wildfire and extensive tree training among those instiftitions, the
mortality department, the Department of Fish and
Wildlife, the state board and other state
(2) Projects funded pursuant to this section agencies
es to assure that developments in
shall increase self-sustaining populations of ecosystem and fisheries science and
native fish, or contribute to an existing fish rnanag-ement are deployed and employed
D10yed across
population becoming self-sustaining in the higher education institutions and state
future, with a minimal requirement Of government agencies.
expenditures to continue to operate the project. t L
No funds rnay be expended on fish hatcheries. g) Based on the recornmendations of the
I committee, the Secretary of the Natural
(3) The corrimittee shall give hgh priority to Resources Agency may mare grants to any state
projects that provide multiple benefits, such as or local agency, '/ V I , i7dian tribe, or nonprofit
improved flood management, improved water organization to carry out the Purpose Of this
quality, improved water Supply
I , enhanced section. The secretary shall give high priority to
groundwater sustaI`nabilI'ty, aquifer rernediatLIO' n, projects that include matching funds, projects
and reduction of emission of greenhouse gases with a local agency as the lead agency, and
while also improving
mproving conditions for native fish Projects supporting proposed actions in the
species and their habitats. The corrimittee shall Sacramento Vat I'ley Salmon Resiliency Strategy
also give high priority to projects that can be (as published by the Natural Resources Agency
integrated into an existing flow regime and in curie 2017, and as it may be amended,),, the
"alifornia Central Valle Salmon and Steelhead
provide multt�,3pecles benefits over a range of G Y
flow cond"ons. The committee shall also g Recovery Plan published by the National Marine
Ifi give Fisheries Service, and other similar strategies as
high prioritv to projects that are consistent with
recovery plan and resiliency strategies for native they are adopted.
California fish species. (h) Of the amount appropriated 4� not pursuant trillion dollars
to this
(4) Expenditures shall be for capital outlay section, le
ss than thirty-five 1 ($35,000,000) shall be available for projects to
projects such as conservation easernents, water restore river's
ver's and streams in support of fisheries
measurement needed to measure- the effects of and -wildlife, including, but not limited to,
the project., projects that restore or enhance reconnection of rivers with their floodD/ains,
fisheries habitat such as floodplain expansion,
reirifroductions of fish into their historical riparian and side--channe/ habitat restoration
pursuant to the California Riparian habitat
habitat, improved fish passage opportunities, I
Conservation Program (Chapter 4.1
creation or enhancement of spawning and
commencing w,ith Section 1385) of Division
reari 2
ring habitat, and other projects. Acquisition of the Fish and Game Code) and restoration and
of land or easements as part of a fisheries J ..
prOTeCtion Of upper watershed forests and
enhancement project must be from willing protection
systems that are important for fish and
sellers. Project costs shall include the costs Of wildlife resources. Subdivision (t) of Section
planning, environmental review, mitgation Of 797,38 applies to this subdivision. Priority shall
the impacts of the project, and permitting. High be given to projects supported by
priority shall be given to projects that provide multistakeholder public or private partnerships,
adult and juvenile fish access to or fish passage or both, using a science-based approach and
through, agricultural fields or flood.p/ain habitats measurable objectives to guide identification,.
Text of L,:3 Prom'sed ' ws 35
1
T XT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
design, and implementation of regional actions Cii,,iPT,-f? 7. &OUNDKIATEW
to benefit salmon and steelhead. SUSTAINABILiTY AND &MA'AGE
W Of the amount appropriated
DprOpriated pursuant to this 86110. (a) Tihe sum of six hundred seventy-
section, five million dollars ($5,000,000) shall five million dollars ($675,000,000) is
be available to assist in the development of the appropriated from the fund to the department
for L 1-
Central Valley Salmon Partnership Habitat I projects and programs that support
Implementation Plan. sustainable groundwater management
T consistent with Part 2.74 (cornmencing with
I he secretaty shall give high priority to the Section 107.203 of Division 6-. The funds shall
removal of Bennett Dam on the Tuolumne River be used For competitive grants that advance
if additional funds are still needed to complete Sustainable groundwater management through
removal of the dais. J.!nplementation of groundwater sustainability
W A local public agency Mans ans and projects that protect, enhance, or
D Ic , Indian tribe, or P, I
110171D.10fit or�ganization receiving funding under !.mprove groundwater supplies. At least
this article may use up to 20 percent of those 10 percent of all grants made pursuant to this
funds to establish a trust fund, the proceeds of paragraph shall be made to groundwater
sustainability agencies whose groundvvater
which shall be used exclusively 1.0 t pay or help basins underlie disadvantaged communities.
pay for the maintenance and monitoring of the
project being funded. ,b) The sum of ten million dollars
,($10,000,000) is appropriated frorn the fund
(1) If the local public agency, Indian tribe, or to the state ,board for use b the Office of Y I
11017,profit organization is unable to continue to Sustainable Water Solutions to implement a
I-naintain and monitor the project, It I-nay multidisciplinary technical assistance program
transfer ownership of the trust fund to another for small and disadvantaged communities and
public agency Indian tribe, or nonprofit to support the involvetrient of disadvantaged
organization, with the approval of the Secretary communities and the public in groundwater
of the Natural Resources Agency sustainability agencies and in the development
prrientation of groundwater
(2) This subdivision does not app and iMle
/V to state P,y pl sustainabilit ans.
agencies. 80111. (a) Of the funds authorized by Section
k0) If the local public agency,
Indian tribe, or
861.10, six hundred forty million dollars
nonprofit organization does not establish a trust 6540,000,000; shall be available for grants to
fund pursuant to paragraph 01), the agency groundwater sustainability agencies
tribe, or organization shall certify to the implementing ip/en,,enting g_�roundwater sustainabi/ity plans
Secretar n y of the Natural Resources Agency that pursuant to subdivision (k) of Section 107.91
it can n)aintain the project from funds otherwise for the f6floming purposes:
available to e-11 ag 1-1 gency, tribe, or organization. (1) Groundwater recharge and storage projects
(4) If all or part of the project cannot be including, but not limited to, acquisition of land
maintained or is condemned, the trust fund and and groundwater pumping allocations from
any unexpended interest are appropriated to the willing sellers, planning of facilities such as
Natural Resources Agency The funds returned feasibility studies and environmental
to the agency may be utilized only for projects compliance, -distribution systems, and
t monitoring facilities. No grant made pursuant to
pursuant to -his article. this section shall exceed twenty million dollars
Of the amount appropriated to the Natural t$2o,000,000).
Resources Agency pursuant to this section, (2) Projects that implement groundwater
seven million dollars ($7,000,000) is sustainability plans pursuant to Part 2.74
appropriated to the Department of Fish and "commencing with Section .10720) of Division
Wildlife for native fish restoration projects on 6. Projects eligible for funding include, but are-
the upper Feather River below Oroville Dam for not limited to, feasibility studies, environtriental
gravel' restoration, streambed restoration, and compliance, engineering work used to develop
salmon habitat restoration projects. groundwater use and sustainable yield for-
36 Tex of Proposes Laws
TEXT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
specific projects, well use measurement, and developments in groundwater science and
innovative decision support tools. management are efficiently deployed and
` ,I Projects that assess and address saltwater employed across higher education ins,itutIonf s
intrusion, including future impacts r d.elated to an state government agencies.
climate change. (e) A local public agency, Indian tribe. or
L Lin receiving' funding under
(4) Matching grants to groundwater nonprofit
sustainability agencies to develop groundwater this section n)ay use tip to 20 percent of those
sustainability plans pursuant to Subdivision funds to establish a trust fund use-'u exclusively
(k,, of Section 107.21. No grant shall exceed to pay or help pay for the maintenance and
it r.
one million dollars ($1,000,000)! and no mon 1.0-ing of the agency's or organization"s
groundwater sustainability agenc,v shall receive interest- in land acquired pursuant to this
more than one grant. section.
(b) Of the funds authorized by this section., the 01) If tile local public agency, Indian tribe, or
surer of five million dollars ($_5,000,000) shall nonprofit- organization that acquired an interest
be available for research to guide investments in land with money from this section decides to
U 1 .0
made pursuant to this section. Research transfer that interest to another public agencyy,
activities may include, but are not /irnited to, Indian tribe, oi- nonprofit organization, the
geophysical surveys, system--level modeling and ownership of the trust fund established to
analysis, development of novel methods and maintain that interest in land shall also be
tools that can be applicable to local decision- transferred.
making, cross-sector economic and policy
y
analysis of novel recharge methods, and 2) This subdivision does not apply to state
development of new approaches to significantly agencies.
enhance groundwater recharge and fit-for- (3) If the local public agency,. Indian tribe, or
purpose water treatl-rient and reuse. nonprofit organization does not establish a trust
(c) Of the funds authorized by this section, the fund pursuant to this
is subdivision the agency,
the state
department may allocate bp to ten million dollars tribe, or organization shall certify to tagency making the grant that it can maintain
($10,000,000) for the development of publicly
accessible decision support tools to assist the land to be acquired frorn funds otherwise
cyl-Oundwater susta- ability agencies in available to the agency, tribe, or organization.
In les
conducting drinking water quality analysis, (11) If the interest in land is condemned or if the
including
the development and assessment of local qconcy,public 1. , Indian tribe., or nonprofit
sustainable yield, undesirable results, organization determines that the interest in land
measurable objectives and other required is unable to falfill the purposes for which money
targets. The decision support tools should also from this chapter was expended, the trust fund
support vulnerability assessments to help and any unexpended interest are appropriated
determine communities that may be at risk of to the agency that provided tile I-rioney. The
facing water supply or contarnination funds returned to the agency ma be utilized
Y
challenges. The tools should be available for only for projects pursuant to this chantef:
other efforts such as drought vulnerability 86112. (a) The (JeDartment shall give priority
assessments and shall be linked to the hum funding an for
right to water indicator housed at the state pursuant to this chaT,)ter to the
following in equal priority:
board.
N) Ground�water basins designated by the
(d) Of the funds authorized by this section the
department as critically overdrafted basins.
department may allocate up to
fivefi groundwater basins in clangor of becon)ing
n,,illion dollars ($5,000,000) for one or t, I, I fted. and groundwater basins
more grants for capital outlay and related
critically overdra
programmatic purposes to institutions of higher where surface and groundwater are
education for facilities that can be used to interconnected.
hmprove con-imunication and coordination (2) Groundwater basins mith documented water
among these institutions, the department, and quality problems, land subsidence, impacts
mpacts ors
the state board in order to assure that surface streams or groundvvater dependent
L,:3 Te.xtnfProrY,sed ' ws 37
1
T XT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
ecosystems, or other undesirable results as (5) Demonstrate application of the department's
defined by subdivision W of Section 10721. climate charge methodology to both water
1 .m It f c I I
k3) Groundwater basins that protect i nnrtar supply and flood manag-e!,nent appli at'ons.
I—
state-owned resources, such as state parks and (6) Provide technical assistance to groundwater
wildlife areas. sustainability and local flood management
(4) Projects that support the use of flood�vaLer-3 agencies, as we.11 as coordination with state- and
of acceptable water quality to recharge federal flood agencies.
groundwater basins. This innovative nmItibenefit (c) The department shall consider the following
concept
Dt brings together four important criteria when awamlinggrants:
California water- rnanaqfetnent objectives.
jectives, (1) The potential of the project to prevent or
including flood hazard reduction, sustainable
correct undesirable results due to groundwater
groundwate
r Le r management, ecosystem use.
restoration, and water supply reliability.
I ( ) The ,potential of the project to rnaxii-nize
,2. ha I
(A) Projects may include adaptive modification groundwater storage, reliability recharge, or
of flood and conservation storage operations at conjunctive use,
reservoirs, modifications to spillway facilities at (3) The potential of the project to support
existing reservoirs, inundation of new or
sustainable groundwater management.
expanded flood bypasses or temporaty flood
storage land areas. application of floodwaters t (4) The annualized cost-effectiveness of the
proi.ect to achieve the goals of the Sustainable
agricultural lands during fallow or dormant
seasons, or increased
ncreased use of existing Groundwater Managerrient Act (Part 2.74
groundwater recharge faculties. commencing with Section 1 07PO) of
(B) Projects may include using floodwaters Division 6).
k Y J Rg Lers for (cit) Eligible entities as defined' in subdivision (a)
recharge of groundwater projects,, with both of Section 865166, including groi,,,ndvvater
flood hazard reduction and groundwater
sustainability benefits. SuStainability agencies, shall be eligible for
grants. Priority for funding shall be given to
(C) Projects that provide benefits in flood local agencies.es i I nuVemen"'ing the Sustainable
hazard reduction and groundwaterSuStainabili ge I
I-' ,tY Groundwater Managerrient Act.
Project feasibility can also be Supported by e)
For purposes of awarding funding un,4 r t!
ecosystem restoration and Water Supply benefits. ' '
chapter, a local cost share of not less than
(b) Of the amount appropriated in Section 50 percent of the total cost of the project shall
861.10, the department
T,)artment may use up to be required. The cost-Sharing reQuirement may
1.ten million dollars ($10,000,000) for the be waived or reduced for that portion of a
following purposes: project that directly benefits a disadvantaged
(1) Assess statewide potential for use of communit-Y economically cally distressed area or
economi
floodwaters for recharge and
prioritize locations for projects the majority of whose benefits are to
I i
based upon PWXifnilty and convQvance restore ecosystems dependent or,, groundwater.
connections in the state with flood hazard (f) No grant may be made unless the
reduction and groundwater SuStainability needs
Department of Fish and Wildlife certifies that
(2) Complete a pilot study of a priority location harm done to fish or wildlife as a result of the
to demonstrate potential water resources Proi0_-Ct wil/ be mitigated to ensure any potential
management innovations to facilitate flood impacts are less than significant.
hazard reduction and groundwater recharge. (g) Eligible projects t-,i ay include such
6-3) Identify and demonstrate_ use of analytical infrastructure improvements as improved canal
tools and innovative water management and infiltration capacity
Dacity.
techniq-ties to support development of available 80-113. (a) For purposes of this section,
on,
floodwaters and recharge of groundwater basins. "district" means the Borrego Water District.
11 1
(4) Develop economic monetization techniques (D/ Of the amount appropriated in Section
of groundwater recharge benefits. 861101, thirty-five million dollars
38 Tex i of Proposed Laws
TEXT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
($35,000,000) shall be awarded as a grant to acquire re an interest in land may use up to
the district for thefollowing prop L grarns: 20 percent of those funds to establish a trust
/1 ) Acquisition of land and acquisition of the fund that is exclusively used to help pay for the
(1/ maintenance, n)on itoring, and restoration of
right' 'to PuTTIP ggoundwater frorn willing sellers that interest in land.
to reduce groundwater pumping in order to bring
groundwater pumping
ng within the boundaries of (P) The district or a nonprofit organi7c3tion that
the Borrego Springs Subbasin of the Borrego acquires an interest- in land with money -frorn
Valley Groundwater Basin to a level that is this chapter and transfers the Interest In land to
sustainable on a long-term basis pursuant to the another public agency Or nonprofit organization
Sustainable Groundwater Management Act (Part shall also transfer the ownership of the trust
2.74 (commencing with Section 107PO) of fund that was established to maintain that
Division 6). Lands acquired may be transferreud Interest in land.
to the Department of Parks and Recreation, a (3) This subdr;vLsion does not apply to state
nonprofit organization, or another pLjb1ic agency agencies.
for future management. (4) if the district or nonprofit organization does
(2) Water end-use efficiency, including urban not establish a trust fund pursuant to this
and agricultural water conservation, and water subdivision, the agency or organization shall
. L
conservation on recreational' facilities such as Certify to the department that it can maintain
golf courses. -the land to be acquired from funds otherwise
(3) Restoration of lands acquired pursuant to available to the agency or organization.
this section. (5) if the interest in land is condemned or'if the
(4) Storinwater capture for grOLindwater basin district or nonprofit organization determines that
recharge and re-use. the interest in /and is unable to fulfill' the
(5) Other district "projects implementing' the purposes for which money from this chapter was
Sustainable Groundwater Managerrient Act. expended, the trust fund and any unexpended
interest are appropriated to the district. The
(c) (1) No cost sharing by the district is s funds returned to the district may be utilized
required to implement this section. This is only for projects pursuant to this chapter�
justified because the community of Borrego (0 1 Any funds not needed by the district to
Springs is a severely disadvantaged comm-unity
and because excessive groundwater pumping implement the program described in this section
can Impact important resources in Anza-Borrego maly be granted by the district to a nonprofit
Desert State Park whose 500,000 annual visitors organization or the Department of Parks and
contribute an estimated forty million dollars Recreation to acquire lands adjacent to or in the
($40,000,000) annually to the region, as well immediate proximity of Anza-Borrego Desert
as support 600 jobs. State Park to prevent development or irrigation
" of that land which might impact groundwater
2, The district may require cost sharing by resources In the park. These lands may be
beneficiaries when making grants pursuant to inside Or Outside the boundaries of the district
paragraphs (2) and (4) of subdivision (b). but must be within the boundaries of the
(d) As a condition of this grant, the district Borrego Springs
[)rings SLjbbasin of the Borrego Valley
must agree to both of the following: Groundwater Basin, which is the source of all
(1) implement nreasures which assure that potable water for the Borrego Springs
lands not presently being irrigated will not come comm-unity and visitors to the park. The lands
Into irr#gatlon and that presently irrigated lands n7a,,,l be used for wildlife habitat,
will not- become more intensively irrigated. (g) The district may award grants to nonprofit
(2) Require new development to pay all costs of organizations in order to carry out all or part of
water purchases the district incurs, and all costs the programs authorized by this section.
of water proJects the district undertakes in order CHAPTER 8. WATER FOR WILDLIFE,
P.Acif--ic Ft-yvv.Ay
to accommodate that development. RESTORAIWON, AND Dyrwuic HA,,-)i7AT 11111ANAGEMENT
(e) (1) The district or a nonprofit organization 86120. The sum of three hundred million
that receives funding pursuant to this chapter to dollars ($3001,000,000) is appropriated from
Text of ProrYlsed Liaws 39
T XT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
the fund to the Wildlife Conservation Board 86122. (a) The SLIM of three hundred miffion
(hereinafter in this section "the board") to dollars ($300,000,000) is appropriated from
acquire water from willing sellers and to acquire the fund to the Wildlife Conservation Board for
storage and delivery rights to improve conditions coastal and central valley salmon and steelhead
for fish and -wildlife in str
earm, rivers, wildlife fisheries restoration ProJects. The Wildlife
e 3r refuges, wetland habitat areas, and estuaries. Conservation Bo, d shall give priority to Projects
High priority shall be given to meeting the water that contribute to the recovery of Salmon and
delivery goals of the -federal Central Valley steethead species listed pursuant to the
Project Improvement Act (Titie 34 of Public maw California Endangered Species Act (Chapter 1.5
1 0,2-57_15). Th e board may arrange for P,
Y (con-7mencing with Section 20-50) of Division 3
acquisition, long-term lease agreerrients, or of the Fish and Game Code-) or the federal
Ln IQ.S.C.transfer of water rights if it determines such ' da.qgerod Species Act (16 US." Sec. 1531
actions are beneficial to wildlife conservation. et seq.), to enhance commercial and
,he board May sell, transfer or store water or recreational salnion fisheries and to achieve the
Storage rights purchased pursuant to this goals of Chapter 8 (commencing with Section
section if the board finds that the sale, transfer -
or storage will not cause harm, to fish arid 0900) of Part I of Division 6 of the Fish and
Larne Code.
wildlife, in Years when the board does not
require the water for fish and wildlife purposes,. (b) Of the amount appropriated by this section,
the board may temporarily sell or lease the water LIP to one hundred million? dollars
or delivery rights. Notwithstanding; Section ($100,000,000) shall be spent for matching
13340 of the Government Code, the proceeds grants to local agencies for capital outlay
of any water sales pursuant to this section by projects to iniplerrient prograt-ns to improve fish
the board are appropriated directly to the board Passage opportunities and to restore
without regard to fiscal vear. The board shall use anadromous salmonid habitats, particularly
the proceeds of the sale, lease, or transfer of juvenile rearing habitat for spring run Salmon,
water or delivery rights to achieve conservation on rivers in the Sacramento Valley that have
purposes authorized by this section. 7-he dams blocking the Main stem of the river.
acquisition of water using funds expended (c) Of the amount appropriated by this section,
pursuant to this chapter shall only be used for
projects that will provide fisheries, wildlife, or a,f
least one hundred million dollars
ecosystem benefits. ($100,000,000) shall' be Spent -to install fish
screens on the Sacramento and San Joaquin
e tributaries a e 0 86121. (a) The sum of fifty Million dollars Rivers and their trib tari-.s and 'in the Delta Ita to
($50,000,000) is appropriated from the fund to screen anad.rornous fish from water intakes.
the Department of Fish and Klildlife for the High priority shall go to projects identified as
purpose of improving water supply and water high priority in the Sacramento Valley Salmon
quality conditions for fish and wildlife or,, private Resiliency Strat�g y, as published by the Natural
lands. The Department of Fish and Klildlife May Resources Agency in June 2017, and as it may
U
provide incentives to landowners for be arrieno-led.
conservation actions on private lands or use of
86123. (a) The surf of two hundred eighty
voluntary habitat credit exchange mechanisms.
Such incentives shall be designed to be Million dollars ($280,000,000) is appropriated
appropriately flexible arid responsive to the from the fund to the Wildlife Conservation Board
highly variable amounts of water required by for projects to mig
ratory gratory birds through
fish and wildlife. habitat acquisition, easements, restoration, or-
(b.) The Department of Fish and Wildlife, shall other projects and to provide water for wildlife
refuaes and wildlife habitat areas to fulfill the
use a portion of the funds provided by this e� I
purposes identified in the Ventral Valley Joint
section to develop a programmatic authorization
to expedite approval of habitat restoration and 'Venture Implementation Plan, as it may be
.re, amended, includi
water q, U quality im"provernent "projects not cove J ng.,
under Chapter 6.5 (corrimencing with Section (1) Projects to implement this section which
16501" of Division 2 of the Fish and Game Code may include conservation actions on private
vate
and for the in-7plerrien ta t ion of that chapter. lands.
40 1 Tex of Proposed Laws
TEXT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(2) Protection and restoration of riparian and improve flow and temperature, conditions and
wetland habitat in the Sacramento River Basin. habitat in the lower American River, increase
(0, water use efficiency and I conservation. or
I Protection and restoration of riparian and improve the integration I water' and
wetland habitat in the San Joaquin and Tulare .n. ration of surface
basins, groundwater supplies to Provide for dry year
(b) Of the amount appropriated by this section, water supply reliabilityl
forty million dollars ($40,000.,(00) shall be (b) The Regional Water Authority and the Water
deposited in the California Waterfowl Habitat Forum shall Jointly develop and approve studies,
Preservation Account established pursuant to projects, or programs to be funded by the
Section 3467 of the Fish and Game Code, for grants. . Highest priority shall be given to
the purposes of implementing the California improving water temperature conditions in the
Waterfowl Habit-at Program pursuant to Article 7 lower American River and to projects or
(commencing with Section 3460,1 of Chapter 2 programs that contribute to both of the Klater
J R1q P, -
of Part 1 of Division 4 of the Fish and Game Forum,s coequal objectives of 1177prOving water
Code. the California Landowner Incentive supply and protecting the environment. The
Program of the Department of Fish and Vilil-ylife, authority will be the grantee for water supply
U I
the Permanent Wetland Easement Program of and water efficienc projects. The Cit of
Y prolle Y
the Wildlife Conservation Board, and the Sacramento, on behalf of the Water For-um, will
establishment or enhancement of waterfowl be the grantee for environmental protection.,
nesting and other wildlife habitat cover on water temperature studies, and habitat
W projects.
taflowed lands including projects authorised restoration P- ' '
pursuant to Section 10-18. (c) The amount allocated in aggregate to the
(" J1 c' r,Of the amount appropriated by this section, package of projects shall not exceed 50 percent
ten million dollars ($10,000,000) shall be of the projects' total cost.
deposited in the Shared Habitat Aifiance for (d) No funds appropriated pursuant to this
Recreational Enhancement (SHARE) Account section may be spent to build new surface
established pursuant to Section 157P of the storage or raise existing reservoirs.
rs.
Fish and Game Code and administered 4y the Cif,,,PTEP, 9. BAY MEA REGIONAL WATt-7p RELIABILITY
Department of Fish and Wildlife for the purposes
of providing hunting and other wildlife- 86125. Two hundred fifty million dollars
dependent recreational opportunities to the ($250,000,000) is appropriated from the fund
DUDItic through Voluntary agreements with to the department for a grant to the group of
private landowners. eight water agencies collectively known as the
(d) Of the amount appropriated by this (
section, Bay Area regional Reliability Partnership
BARR-) for new facilities that extend the
at least one hundred J ten million dollars
($110,000,000 shall be expended for benefits of surface water storage for region-wide
.1 benefits in any of the following areas: drought
acquisition and delivery of water to wIldlife supply reliability, drinkinqf water quality, and
refuges, and associated infrastructure projects, emergency storage, as generally described in
to achieve full compliance with the terms of
subsection (d) of Section 3406 of the federal the Final Mitigation Project List contained in
Central Valley Pr0,;eCt !MProverrient Act (1,itle 34 the San Francisco Bay Area Regional Reliability
of Public Law 102-57511. Drought Contingency Platt. The Contra Costa
Water Districtrnav receive the grant on behalf of
CHAPTER, 8.6. SAIC';RAMIEN-io REGioN WATER the partnership unless the BARR Partnership
RELIABILiTY AND HAB/TAT PROTECTION has a governance structure in place at the time
86124. (a) Ten million dollars ($10,000,000) of the grant award that makes it eligible to
is appropriated from the fund to the department receive the funds directly. The participating
for grants to the Regional Wter Authority and to water agencies in the San Francisco Bay Area
the City
ity of Sacramento on behalf of the Regional Reliability Drought Contingency Plan
Sacramento Area Water Fomrn for projects
jects that will determine and designate funds to one or
are consistent with the coequal objectives of the any of the listed projects,. but the amount
Water Forum Agreement. Eligible projects determined for any single project shall not
include facilities, studies, and other actions to exceed 50 percent of the prqiect's total cost.
Text of Promsed Liaws 41
T XT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
No funds appropriated pursuant to this section and Game Code. Before expenditure may occu,-,
may be spent to build new surface storage or forma' concurrence on SDeCifiC PrGjeCtS to be
raise oxisti ng reservoirs. undertaken is required by the settling parties to
CHAPTER -10. IMIMROVED WATEW CONVEMINCE the agreement.
AND WATER LCONSERVATIC)N 86129. The diversion of water from Barker
86126. Even though the drought has eased, .lough to the North Bay Aqueduct adversely
the effects of the drought are still being felt in impacts listed fish species and also adversely
many areas throughout the state including the impacts water quality served to a large urban
pub
lic San Joaquin Vai/oy. Further oxa.-erbating the area. There would be multiple pubii benefitsto
impact of drought conditions on water users relocating the diversion to the North Bay
------------------------------- were legal requirements restricting pumping
ng Aqueduct to the Sacramento River.
from the Sacramento-San Joaquin Delta. One of 86130. The sum of five million dollars
the consequences of both the drought and ($5,000,000) is appropriated from the fund to
punlT,)ing restrictions eras a significantI increase the department to "plan for a diversion of water
in groundwater pumping as a means to replace from the Sacramento River to the North Bay
reduced surface supplies. Ail increase in Aqueduct to reduce the adverse impact on listed
groundwater pumping
Ing lowers groundwater fish species and provide a higher quality of
tables, which in turn causes wells to go dry and drinking- water- to those served by the aqueduct.
land to subside, which has particularly been the CHAPTEP 11. OROVILLE DA,,w Fl000 SAFETY
case on the east side of the San Joaquin Valle'y. 86131. The Oroville Dam provides flood
;I's
The Friant-Kern Canal has lost 60 percent of its control for the Sacramento Valley. The inclusion
capacity to convey water for both consumptive and uses of flood control at Oroville Darn was not an
groundwater recharge.
L undwater rechar
conveyance capacity is restored and increased, obligation of the public water agencies that
the Subsidence will continue to get worse and receive
ve water from Oroville Darn. The flood
those local communities, including control function of Oroville Dam was paid for by
disadvantagedthe federal government.
communities, that largely rely on
groundwater to serve their citizens, will continue 86132. The sum of two hundred million dollars
to suffer adverse effects. Significant public ($200,000,000) is appropriated from, the fund
benefits will result from this state investi-rient, to the departi-rient for repair
Dair and reconstruction
including avoiding increased unemployment, of the spillways at the Oroville Dam.
stabilization of groundwater. and Securing a 86133. The Burn of twenty-one million dollars
more stable food supply for California. ($21,000,000) is appropriated from the fund to
86127. The sum of seven hundred fifty million the department. Fifteen million dollars
dollars ($750,000,000) is appropriated
propriated from ($15,000,000) shall be spent for Feather River
the fund to the department for a grant to the sediment nianagement and removal between
Friant Vlater Authority for water conveyance lave Oak and Verona in coordination with the
capital irriprovements, including restored and Satter Butte Flood Control Agency
increased conveyance capacity 1- and ;n the Six million dollars 1 6,000,000) of these funds
ya ca ci to 1 ;$
Madera and Friant-Kern canals, resulting in shall be awarded as a grant to the Sutter Butte
grea
ter ater groundwater recharge, improved Flood Control Agency for floodwater attenuation
conveyance and utilization of floodwaters, and projects at the Oroville' Wildlife Area that"provide
for water conservation. Improvements with downstream flood control relief and ecosystem
fund
s ds provided by this paragraph shall be restorationa
completed consistent with applicable state and 86134. The sum of one million dollars
federal laws and contracts. ($1,000,000) is appropriated from the fund to
86128. The sum of one hundred million dollars the department for a grant to the County of
($100,000,000) is appropriated from the fund Butte For capital outlay pro-jects and equipi-rient
to the Natural Resources Agency for actions that for emergency preparedness coordination and
support projects defined in paragraph 1—1 of the con-imanications consistent with the Office of
settlement agreement to restore the San Joaquin Emergency Service-,,' Standardized Em.etgoncy
River referenced in Section 2080,2 of the Fish Management System (SEMS).
42 Tex i of Prnposecd Laws
TEXT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CHAPTER 12. GENERAL PROVISIONS Management of Institutional Funds Act (Part 7
86151. (a) /n projects involving VOILmitlaq (comniencing with Section 18501) of Division 9
habitat restoration, water quality improvement of the Probate Code).
and mi.iltibenefit floodpiain restoration each (h) projects designed to primarily protect
agency adn,,inistering provisions of this division riparian habitat through acquisition, easements,
shall' encourage interagency coordination and restoration or other prqiects shall consider th,e
develop and utilize efficient project approval plans and recommendations established by the
and permitting mechanisms, inChjding, bit not California Riparian Habitat Conservation
limited to, the provisions of Chapter 6.5 Program pursuant to Chapter- 4.1 (coniniencing
(cornmenci.ng with Section 1650) of Division 2 with Section 1385) of Division 2 of the Fish
of the Fish and Game Code (regardless of and Game (;ode.
whether that chapter is still in effect) and (i) The admin.istering agency shall provide
programmatic permit,,, for voluntary habitat advance payinent of 50 percent of grant awards
restoration, to avoid project delays and niaxitnize for those, pro/ects
jects that sati* both of the
Me amount of n,,oney spent on project following criteria:
irriplementation. (1) The_ project proponent is a disadvantaged
(b) Projects designed to primarily L eligible enti protect community or elig t as defined in Y
ISection85
mi,qfratory birds through acquisition, easements, subdivision (a'' of C1 _5 66 or the project
restoration, or other projects shall be consistent benefits a disadvantaged comm-unity
with the plans arid recommendations (
established by Lo L P) The grant award for the project is less than
y the federal Migrat ry Bird joint one million dollars ($1,000,000.11.
Venture partnerships that encompass parts of
California. (10 Eligible grant costs shall include indirect
costs as defined in federal Office of Managerrient
'c) Any agency providing funds pursuant -
P, , n t to this
division to disadvantaged communities or and Budget guidel
ines, as well as reasonable
economically distressed areas may provide overhead costs. . .
in app funding to assist these communities k) Agencies rece!vIng funds designated communitiesi'vin 9- for
(
for that funding, including technical and grant specific programs or grantees shall expedite the
writing assistance. Those funds may be provided expenditure or transfer of those funds with the
to nonprofit organizations and local public least amount of process necessary to compt
agencies ass,,sting these communities. with I existing state laws and regulations and the
'J) Any agency receiving funds pursuant to this roqulrOlVentS Of this division. It is the intent of
IS ,
[his division that the expenditure or transfer of
division may contract for the services of resource I'
conservation districts pursuant to Section 9003 funds shall be efficient, cost-effective, and
I expeditious and generally should occur no later
of the Public Resources Code.
than 90 days from demonstrated eligibility by
(e) Agencies may count in-kind contributions the recipient for the funds requested.
up to 25 percent of the total prqiect cost as part 86152. Agencies shall, to the extent
of cost sharing. Agencies may Count the value of
the donated land in a baigain sale as part of practicable, quantify the ai ounL' of water
cost sharing. resulting
for hurnan and environmental use
,resulting from proposed expenditures they make
(f) Agencies considering proposals for pursuant to this division. Agencies shall, to the
acquisition of lands shall also consider the extent practicable, quantify the improvement in
ability of the proposed final owner of the land to the quality of water generated for human and
maintain it in a condition that will protect the environmental use resulting frorn proposed
vahues for which it is to be acquired and to expenditures they make pursuant to this
prevent any problems that might occur on division.
neigh
boring /ands if the land is not properly 86153. To the extent consistent with the other
managed. provisions f of Mh I s division, statewide agencies
(,r,T) Trust farads established pursuant- to this making grants pursuant to this division shall
division shall be managed pursuant to the seek to allocate funds equitably to eligible
requirements of t h e Uniform Prudent projects throu L
14 ghout the state, including-northern
L,:3 Te.xtnfProrY,sed ' ws 43
1
T XT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
and southern (California, coastal and inland (2) Include in the agency's reporting pursuant
regions, and Sierra and Cascade foothill and to Section 86003 the evaluation described in
mountain regions. subdivision (a).
86 154. Applicants for grants pursuant to this (3) Hold a grantee of funds accountable for
division shall indicate whether the grant completing projects funded by this division on
proposal is consistent with the local integrated time and within Scope.
regional water nianagement plan, if one exists. 86158. (a) For projects carried Out by state
o
However.Y -1 consistency with the integrated ag-encleS pursuant I this division, Lip to
regional water management plan shall not be 10 percent of funds allocated for each prograrn
required as a condition of any grant, and grant funded by this division may be expended for
proposals shall not be given lower priority if they planning, monitoring, and reporting necessary
P, for the successful design, selection, and
are not consistent with integrated regional water mp/ernentation of the projects and the
management plans.
86155. (a) P Notwithstandi any other verification of benefits. An eligible entity
J Rg receiving- a grant for a project pursuant to this
provision of this division, a local public agency division may also receive
ve sufficient funds for
Frith a population of less than 100`000 and a planning, monitoring, and reporting necessary
median household income of less than for, the successful design, selection, and
.1.00 percent of the state average household iMplerrientation of the projects. This section
income shall be required to provide matching shall not otherwise restrict funds ordinarily used
funds of no more than 35 percent for a grant for by an agency for "preliminary plaits," "working
a project entirely within their jurisdiction. State drawings," and "construction"' for a capital
agencies making grants to these local public outlay project or grant project.
agenc; s mak;ng gr,
agencies may provide funding
in advance of (b) Permit and plan check fees and reasonable
construction of portions of the project if the administrative and indirect project fees and
state agency determines that requiring the local costs related to managing construction shall be
public agency to -wait for, payment until the deemed part of construction costs. Proliect costs
project is completed would snake the project allocated for project planning and design, and
infeasible. direct and Indirect administrative costs shall be
(b) Nothing in this section prohibits a state 'identified as separate line items in the project
agency from making a grant to a disadvantaged
community or economically distressed area that 86159. Notwithstanding Section 16727 of
does not require cost sharing. the Government Code, funding provided
pursuant to Chapter 6 (cointriencing with
86156. Any
v repayment of loans made Section 86080) and Chapter 8 (commencingI L pursuant to this division, including '17terest with Section 865120) may be I . used for grants
payments, and interest earnings, shall be and loans to nonprofit organizations to repay
deposited In the fund and shall be available financing described in Section 22064 of the
solely for the purposes of the chapter or section Financial Code related to projects that are
that authorized the loan. consistent -with the purposes
poses of those chapters.
86157. (a) Each state agency that receives an 86160. Not more than a total of 5 percent of
I
appropriation of funding made available by this the I'Lind-3 allocated to any state agency under
division shall be responsible for establishing this division may be used to pay for its costs of
metrics Of SLICCesS and reporting the Status Of administering programs and DrOjeCtS specified
projects and all uses of the iunding on the in in this division.
state's bond accountability Internet Web site. 8616-1. (a) Water quality monitoring data
(b) Each state agency that receives at, shall be collected and reported to the state
I board in a manner that is compatible and
appropriation of ftinding made available by this consistent with surface water monitoring data
division shall do the following: systerns Or groundwater monitoring data systems
I gro
(1) Evaluate the Outcomes of projects funded administered by the state board, consistent with
by this division. Part 4.9 (commencing with Section 124001" of
44 1 Tex i of Proposes Laws
TEXT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Division 6. Watershed monitoring data shall be three regions may omit the meeting,, in the
collected and reported to the Department of region or regions within which the'V do not have-
Conservation in a manner that is compatible jurisdiction. Upon adoption, the state agency
and consistent with the statewide watershed shah transmit copies of the guidelin es to the
program administered by the Department of fiscal committees and the appropriate pol'r;c.,,l
Conservation. committees of the Legislature.
("b) State agencies making grants or loans (c) At least 45 days prior to soliciting I I YS I _ projects
pursuant to this division may include specific pursuant to this division, a state agency
expenditures
Denditures for compliance with local, state, administering funds pursuant to this division
and federal perrnitti.qg and other requirements. shall post an electronic form of the guidelines
for grant applicants on its website. Project
("C!' UD to I percent of funds allocated for r each program funded by this division may be Solicitation and evaluation guidelines shall only
include criteria based on the applicable
expended for research into methods to improve i
water supply, water related habitat, and water requirements of this division.
quality relevant to that program, in addition to W) Nothing in this division restricts agencies
any other amounts provided for in this division. from enforcing and complying with existing
86162. (a) Prior to disbursing grants or loans laws.
pursuant to this division, each state agency that 86163. Each project funded frorn this division
receives an appropriation, from the funding shall comply with the following
ng requirements:
roments:
made available by this division to administer a (a) The investment of public funds pursuant to
grant or loan Prograrn under this division shall this division will result in public benefits that
develop and adopt project- solicitation and address the most critical statewide needs and
evaluation guidelines. The guidelines shall priorities for Public funding, as determined by
include monitoring and reporting requirements the agency distributing the funds.
arlud may include a litnitation on the dollar (b) In the appropriation and expenditure of
amount of each grantor loan to be awarded. The '
guidelines shall not include a prohibition on the funding authorized by this division, priority will
recovery of reasonable overhead-d or indirect costs be given to projects that leverage ,private,
federal, or local funding or produce the greatest
by local public agencies, Indian tribes, Or public benefit. All state agencies receiving
nonprofit organizations. If the state agency has funds pursuant to this division shall seek to
I L 1 1.
previously developed and adopted project leverage the funds to the greatest extent
solicitation and evaluation guidelines that possible, but agencies shall take into account
comply with the requirements of this division, it the limited ability to cost share by small public
may use those guidelines. Overhead or indirect agencies, and by agencies seeking to benefit
costs incurred by a local public agency, Indian disadvantaged communities and economically
tr
-ibe, or nonprofit- organization are eligible for distressed areas.
reimbursement and shall not weigh negative i'Y in (c) A funded project shall advance the purposes
the evaluation of funding proposals pursuant to
I of the chapter or article from which the Project
this division. received
Ved funding.
(b) Prior to disbursing grants or loans, the state (d) In making decisions regarding water
agency shall conduct three regional public resources pursuant to this division, state and
Meetings to consider Public comments prior to local agencies VVill use the best available
finalizing the guidelines. The state agency shall SCI.ence to inform those decisions.
publish the draft solicitation and evaluation "e) T
guidelines I
uidelines on its Internet Web site at least o the extent practicable, a D,Oject
.-30 days before the public meetings. One supported by funds made available by this
meeting shall be conducted at a location in division wl I I i I include signage informing the
northern California, one meeting shall be Public that the project received funds from the
conducted at a location in the central valley of Water Supply and Water Quality Act of 201&
Ciornia sand oe meetigshabe conducteal n n (f) To the extent feasible, projects funded with
at a location in Southern California. Agencies proceeds from this division shall promote State
without jurisdiction 1 1 n One Or More Of these planning priorities consistent with the provisions
Text of L':3 Prom'sed ' ws 45
1
T XT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
of Section 65041.1 of the Government Code Part 2 of Division 2, including I including petitions related
and sustainable communities strategies to an'v new conveyance constructed or operated
consistent with the provisions of subparagraph in accordance with Chapter 2 "commencing with
(B) of paragraph (2) of subdivision V of Section Section 85320) of Part 4 of Division 35,
I L
65080 of the Government Code. (d) Unless otherwise expressly provided,
(g) To the extent feasible, watershed objectives nothing in this division supersedes, reduces, or
for private lands included in this division should otherwise affects existing legal protections, both
be achieved through use of conservation procedural and substantive, relating to the state
easements and voluntary landowner boards regulation of diversion and use of water;
participation, including, bit not limited to, the including-, bit not limited to, water right
use of perpetual conservation easements priorities, the protection provided to municipal
Pursuant to Division 10,2 (commencing with Interests by Sections 106 and 106.5, and
Section 10200)and Division 10.4 ("co.mi-riencing changes in water rights. Nothing in this division
with Section 10330,1 of the Public Resources expands or otherwise alters the state board's
Code, voluntary habitat credit exchange existing authority to regulate the diversion and
mechanisms, and conservation actions on use of water or the courts' existing concurrent
private lands. jurisdiction over California water rights.
86164. Funds provided by this division shall (e) Nothing in this division shall be construed
not be expended to pay the costs of the design, to affect the California Wild and Scenic Rivers
construction, operation, mitigation, or Act (Chapter 1.4 (coi-rimencing with Section
maintenance of Delta water conveyance 5093 50) of Division 5 of the public Resources
facilities. Those costs shall be the res-ponsibility Code) or the federal Wild and Scenic Rivers Act
of the water agencies
es that benefit from the (16 U.S.C. Section 1271 et seq.'/I and funds
design, construction, operation, mitigation, or authorized pursuant to this division shall not be
maintenance of those t facilities.
Lh available -for any 86 pro-ject that could have an
16 adverse effect on the values upon which a wild 5. (a)(a) This division does not dirninis,11., and scenic river or any'other n I ver i I s afforded
imPair, or otherwise affect in any manner
whatsoever any area of origin, watershed of protections pursuant to the California Wild and
origin, county of origin, or any other water ricy/711s Scenic Rivers Act or the federal Wild and Scenic
b
protections, Including, but not limited to, rights Rivers Act.
to water appropriated prior to December 19, (f) Nothing in this division supersedes, limits,
.1.9.14, provided under- the law. This division or otherwise modifies the Sacramento-
does not limit or affect the application; of Article San joaC7uin Delta Reforl-ri Act of 2009 ("Division
1.7 (commencing
ng with Cection 1215) of 35 (commenci.ng with Section 850001) or anv
Chapter I of Part 2 of Division 2, Sections other applicable law, including, but not limited
10505, 10505.5, 111281, 11460, 111461, to, Division
ivision 22.3 (commencing with Section
1.146-2, and 1.146-3, and Sections 12200 to 3P,300) of the Public Resources Code.
122,90, inclusive. (g) Notwithstanding any Other provision of law,
4�
(b) For the purposes of this division, an area an'v agency or n.onprolit organ ization acquiring
that utilizes water that has been diverted and land pursuant to this division triqy make use of
conveyed from the Sacramento River hydrologic the Natural Heritage Preservation Tax Credit Act
region, for use outside the Sacramento River of 2000 (Division 28 (commencing with Section
hydrologic region or the Delta, shall not be 37000) of the Public Resources Code). F-unds
deemed to be immediately adjacent thereto or appropriated pursuant to this division that are
capable of being conveniently Supplied with not designated for competitive grant proggarns
eater therefrom by virtue or on account of the may also be used for the purposes of
diversion and convevance of that water through reimbursing the General Fund pursuant to the
facilities that may be constructed to,- that Natural Heritage Preservation Tax Credit Act of
,purpose after January I, 2018. 2000.
(c) Nothing- in this division supersedes, limits, (1) Funds provided pursuant to this division,
or otherwise modifies the applicability) of and any appropriation or transfer of those funds,
Chapter 10 (commencing with Section 17001" of shall not be deemed to be a transfer of funds for
46 Tex of Prnposecd Laws
TEXT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
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the purposes of Chapter 9 (commencing with (5.) Notwithstanding any other provision of this
Section 2780) of Division 3 of the Fish and division,. agencies es receiving funds pursuant- to
Game Code. this division may reduce or eliminate cost
sharing requirements when making
86166. (a) Applicants eligible to receive f , grants of
grants, loans, and contracts pursuant to this one million dollars ($1,000,000) or less to
nonprofit otganizations with budgets less than
division are public agencies, state universities, one- million dollars ($1,000,000) If the agency
including university-managed national determines that such grants would be the most
laboratories, resource conservation districts, effective way to achieve the purposes of this
nonprofit otganizations, public utilities, mutual division.
water companies, public water systems as
defined in subdivision (h) of Section 116275 of 86167. VVIPlere feasible, projects funded
the Health and Safety Code, urban water pursuant to this division may use the services of
suppliers as defined In Section .10617 of the the California Conservation Corns or certified
Water Code, federally recognized Indian tribes, community conservation corps, as defined in
federal agencies owning or managing land in Section 14507 `5 of the Public Resources Code.
California, and state Indian tribes listed on the Public agencies receiving funding under this
Native American Heritage Commission's division shall give additional priority to projects
California Tribal Consultation L-ist. State that involve the services of the California
agencies granting funds pursuant to this division Conservation Corps or a certified con-imunity
conservation .-orps, or other nonprofit entities
shan t eligible applicants with give priority o
experience
T,)erience in planning, designing, and that provide Job training and edicatiOn
developing the types of projects receiving opportunities for veterans, foster care reciplents.,
funding frorn the agencies, or which have access farmworkers, or local youth in conservation or
restoration projects.
to consulting help in these areas. , W
(b) (1) To be eligible for funding under this 86168. Each state agency that receives an
division, a project proposed by a public Lf appropriation of funding made available by this
that is regulated by the Public Utilities division ivision shall be responsibl
e for establishing-
Commission, or a mutual water company, shall arid reporting on the state's bond accountability
have a clear and definite public purpose and the Internet Web site each of the following., metrics
success, metrics for benefitting disadvantaged
project shall benefit the customers of the water off
communities and economically distressed areas,
system and not the investors. progress in meeting those metrics, status of
(Z) To be eligible for funding under this projects funded under this division, and all uses
division, an urban water supplier shall have of the funding the state agency receives under
adopted and Submitted an urban water this division. The Secretary of the Natural
management plan in accordance with the Orban Resources Agency shall annually report- to the
Water Management Planning Act (Part 2,6 'Legislature expenditures made
e pursuant to this
L
(commencing with Section 106 ZO) Of division, and the benefits derived from -those
Division 6). expenditures.
(3) To be eligible for funding under this 86169. The proceeds of bonds issued and
excluding
division, an agricultural water supplier shall sold Pursuant to this division! -X.Cludi, g the
have adopted and submitted an agricultural proceeds of any refunding bonds issued in
water- management plan in accordance with the accordance with Section 86192, shall be
A icultural Water "Management Planning Act deposited in the Water Supply Reliability and
gri L
(Part 2.8 (commencing with Section .10800) of Drought Protection Fund of 2018, which is
Division 6). hereby created in the State Treasury.
(41 In accordance with Section 10608.56, an 86169.1. Notwithstanding Section 13340 of
agricultural water supplier or an urban water the Government Code, moneys in the Water
supplier is ineligible for grant funding under Supply Reliability and Drought Protection Fund
this division unless it complies with the of 2018 are continuously appropriated without
requirements of Part 2.55 (commencing with regard to fiscal year for the purposes of this
Section 10608) of Division 6. division in the manner set forth in this division.
Text of L,:3 Prom'sed ' ws 47
1
T XT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
Funds authorized by and made available 86179. Any contract, including a contract to
pursuant to this division shall be available and provide a grant, between a public agency, Indian
expended only as provided in this division and tribe, or nonprofit organization and the
shall not be subject to appropriation or -transfer Department of Fish and VIddlife or the Wildlife
by the Legislature or the Governor for any other Conservation Board for work funded pursuant to
purlpose. this division, or pursuant to Division 26.7
(commencing with Sect-ion 79700) shall be
86170. Chapter 3.5 (cotrimencing I
wit considered a contract subject to the
Section 11340,, of Part 1 of Division 3 of Title 2
requirements of Section -'I 501._,"� of the Fish and
of the Government Code does not apply to the Came Code, and -therefor shall not-be considered
devolopm,ent or implementation of programs or a public work or a public improvement, and is
projects authorized or funded under this not subject to Chapter 1 (com mencing with
division. Section .1720) of Part 7 of Division 2 of the
86171. (a) Funds provided by this division Labor Code.
shall not be used to Support Or Day for the costs 80-179.1. Priority shall be given to the
of environmental mitigation, except for the costs t expenditure of funds oactivitieshat affect the
of environmental mitigation for projects funded I";0
pursuant to this division. Delta and the species that rely on 'it that are
generally consistent with the report "'A Delta
(b) Funds provided bv 'his division shallRenewe.d
be I
: A Guide to Science-Based Ecological
used for environmental enhancements or other Restoration in the Sacramento--San 'JoaQuin
public benefits. Delta" prepared in 20.16 by the San Francisco
(c) Notwithstanding subdivisions ("a) and (b), Estuary Institute-aquatic Science Center.
the costs of mitigation of the environmental 80-179.2. In the awarding of grants to be
impacts directly related and limited to made b'v any agency pursuant to this act or
expenditures under this division may be paid for Division 26.7 (commencing with Section
by funds provided by this division. 79700) after the effective date of this act,
W) Funds available pursuant to this division overhead or indirect costs incurred by a local
shall not be expended to Day the Costs of the public agency, Indian tribe, or nonprofit
design, construction, operation, mitigation, or organization are eligible for reimbursement and
maintenance of Delta conveyance facilities. shall not weigh negatively in the evaluation of
funding proposals. Eligible grant costs shall
86.1.72. Every entity implementing this include indirect costs as defined In federal
division shall give highest priority to funding Office of Management and Budget guidelines,
projects that combine relatively high cost- as well as reasonable overhea,4'J costs. For
effectiveness, durability, and enhanced
environrrientai quality. nonprofit organizations, grants shall provide for
reimbursement of indirect costs by applying the
86174. Acquisitions pursuant to Chapter 6 organization's federally negotiated indirect cost
I
(comimencing with Section 86080) of this rate, if one exists. If a nego
tiated rate does not
division shall be from willing sellers only exist, the organization may elect to use the
86177. ',he requirement that a project be default indirect cost rate of 10 percent of its
cost-effective does not require a full/ benefit and modified total direct costs as defined by the
Cos-' analysis. federal Office of Management and Budget.
86178. Agencies in-w/ementing this division 86179,3. No grants made pursuant to this
shall give, special consideration to projects that division shall result In an unmitigated Increase
employ new or innovative te-chnolog
f y or in a community's exposure to flood hazards or in
practices, including decision support tools that a net reduction in flood conveyance capacity of
support the integration of multiple strategies any publicly owned flood protection facility.
and jurisdictions, J nciuding, but not limited to, 86179.4. In awarding grants for land
supply; reduction, habitat acquisition, the Wildlife Conservation Board
I P,
improvement. invasive weed control, flood shall give preference to organizations that
control, land use, and sanitation. voluntarily pay property taxes.
48 1 Tex i of Proposes Laws
TEXT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Ct-,,A.PT,-P 13� FiscAt_ PROVISIONS her place for all purposes, as though the
86180. (a) Bonds in the total amount Of member were personally present.
eight billion eight hundred seventy-seven million (c) The Treasurer shall serve as chairperson of
dollars ($8,877,000,000), or so much thereof the finance committee.
as is necessaty. not including the amount of any (d) A majority
iority of the finance coins-nittee may act-
refunding bonds issued in accordance with for the finance comm!.ttee.
Section 86.192 may be issued and sold to 861.83. The finance committee s h a Ji!
provide a fund to be used ;or C3TTYing Out the determine. whether or not it is necessary or
purposes expressed in this division and to desirable t-11 issue bonds authorized by this
reimburse the General Obligation Bond Expense division in order to carry out the actions
Revolving Fund pursuant to Section 167244 5 of specified in this division and, if so, the amount
the Government Code. The bonds, when sold, of bonds to be issued and sold. Success,i ve
!,n
shall be and constitute a valid and binding issues of bonds ay be authorized and sold to
oblig7ation of the State of California, and the full carry out those actions progressively, and it is
faith and credit of the State of California is not necessary that all of the bonds authorized to
hereby pledged for the punctual payment of be issued be sold at any one time.
both principal of, and interest on, the bonds as 86184. For put-poses of the State General
the principal and interest become due and
payable. Obligation Bond Law, "board, " as defined in
Section 1672P of the Government Code, means
(b) The Treasurer shall from time to time sell the Secretary of the Natural Resources Agency.
the bonds authorized by the committee pursuant 86185. There shall be collected each year and
to Section 86182. Bonds shall be sold upon the in the same manner and at the same time as
terms and conditions specified in one or more other state revenue is collected, in addition to
resolutions to be adopted by the committee the pursuant to Section 1673.1 of the Government ordinary revenues of the state, a sui , in an
amot.nt required to pay the principal of, and
Code. interest on, the bonds each year. it is the duty
86-181. The bonds authorized by this division of all officers charged b law with an duty` '
Y y outy m
shall be prepared, executed, issued, sold, paid, regard to the collection of the revenue to do and
and redeemed as provided in the State General perform each and every act that is necessary to
Obligation Bond Law, and all of the provisions collect that additional sum.
of that law, as that law may be amended., apply 861,86. Notwithstanding Section -13340 of
to the bonds and to this division and are hereby the Government Code, there is hereby
incorporated in this division as though set forth appropriated from the General Fund in the State
In full In this division, except subdivisions (a) Treasury, for the purposes of this division, an
and (b) of Section 16727 of the Government amount that wil/ eq-tial the total of the following:
Code. (a) The sun-, annually necessary to pay the
86182. (a) Solely for the purpose of principal of, and interest on, bonds issued and
authorizing the issuance and sale pursuant to sold pursuant to this division, as the principal
the State General Obligation Bond Law of the and interest become due and payable.
bonds authorized by this division, the Water (b) The sum that is necessary to carry out the
Supply Reliability and Drought Protection provisions of Section 86189, appropriated
Finance Co!,nmittee is hereby created. For without regard to fiscal years,
purposes of this division, the Water Supply U06187. The board May request the Pooled
Reliability and Drought Protection Finance Monev investment Board to make a loan from
Committee is the "committee," as that term is the Pooled Money Investment Account in
used in the State General Obligation Bond Law. j.
accordance With Section 16312 of the
("b) The finance committee consists of the Government Code for the purpose of carr I I ying
Director of Finance, the Treasurer, and the out this division less any amount withdrawn
Controller Notwithstanding any other provision pursuant to Section 86189. The amount- of the
Of law, any imember may designate a re c'ivest shall not exceed the amount of the
representative to act as that member in his or unsold bonds that the committee has, by
Text nfProrY1sedL':3ws 49
T XT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
resolution, authorized to be sold, excluding any and used to pay the cost of bond issuance prior
refunding bond authorized pursuant to Section to any transfer to the General Fund.
86192, for the purpose of carrying- out this 86191. Pursuant to the State General
division. The board shall execute those Obligation Bond 'Law, the cost of bond issuance
documents required by the Pooled Money shall be paid out, of the bond proceeds,
Investment Board to obtain and repay
pay the loan. including premiums, ill any. To the extent the
Any amounts loaned shall be deposited in the cost of bond issuance is not paid from premiums
fund to be allocated in accordance with this received from the sale of bonds, these costs
division. shall be st,,ar-ed.[)rot)orL'-I'Or,,atelv by each program14
86188. Notwithstanuing any other provision funded through this division by the applicable
of this division, or of the State General bond sale.
Obligation Bond Law, if the Treasurer sells 80-192. The bonds issued and sold PLMSIant
bonds that
hat include a bond counsel opinion to to this division may be refunded in accordance
the effect that the interest on the bonds is with Article 6 (cornmencing with Section
excluded front gross income for federal tax I 6-
purposes under- designated conditions or J I s 7 tle 2 o80) of Chapter 4 of Part 3 of D'-Vision 4 of
Tif the Governi-rient Code, which is a part
otherwise entitled to any federal tax advantage, of the State General Obligation Bond Law.
the Treasurer may maintain separate accounts Approval by the voters of the state for the
for the bond proceeds invested and for the issuance of the bonds under this division shall
investment earnings on those proceeds, and include approval of the issuance of any bonds
rnay use or direct the use of those proceeds Or issued to refund any bonds originally issued
earnings to pay any rebate, penalty, or other 4
payment required Linder federal law or take any order this division or any previously issued
other action with respect to the investment and refunding bonds. Any bond refunded with the
use of those bond proceeds, as may be required proceeds of refunding bonds as authorized by
this section may be legally de-feased to the
or desirable Linder federal law in order to extent permitted by law in the manner and to
maintain the tax-exempt status of those bonds L L the extent set forth in the resolution.i as
and to obtain an other advantage under federal -rorri time to t` rie, authorizing such
Y amended f hm if
law on behalf of the funds of this state. refunded bonds.
86189. For the Purposes of carrying out this
P, 86193. The proceeds from the sale of bonds
division, the Director of Finance may authorize authorized by this division are not- "proceeds of
the withdrawal from the General Fund of an taxes" as that -term is used in Article X111B of
arriount or amounts not to exceed the amount of the CaliforniaI i Constitution, and the
the unsold bonds that have been authorized by disbursetrient of these proceeds is not subject
the committee to be sold, excluding an to the 1-1-rlita -
Y tions imposed by that article.
refunding bond authorized pursuant to Section SEC, 2. Section 1. of this act shall take effect
86192, for the purpose of carrying out this
division less any amount borrowed pursuant to immediately upon approval by the voters of the
Section 86187. Any amounts withdrawn shall Water Supply and Water Quality Act of 2018, as
set forth that section at the November 6,
be deposited in the fund. Any moneys made 2018, sta:M tewide general election. In order to
Linder this section shall be returned to available
fund a water supply reliability and' drought
the General Fund, with interest at the rate
earned by the moneys in the Pooled Morey protection program at the earliest possible date,
Investment Account, from proceeds received
it is necessary that this act take effect from the sale of bonds for the purpose of immediately.
carrying out this division. SEC, 3. Conflicting Provisions.
86190. All moneys deposited in the fund that (a) The provisions and intent of the Water
are derived from premium and accrued interest Supply and Water Quality Act of 2018 shall be
on bonds sold pursuant to this division shall be given precedence over any state law, statute,
reserved in the fund and shall be available for regulation, or policy that conflicts with this
transfer to the General Fund as a credit to section, and the policy and intent of this act
expenditures for bond interest, except that shall prevail over any such contrary law, statute,
amounts derived from Prernilrn may be reserved regulatlon, or policy.
50 Tex of Prnposedi Laws
TEXT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
k'b) If this divisi
on is approved by the voters, but appropriated to the district from the Greenhouse
SLIperseded by any other conflicting ballot Gas Reduction Fund, as defined in Section
division approved by more voters at the same 1642&8 of the Government 'Code.
eiectlon, and the conflicting ballot division is (b) The funds appropriated to the department
later held invalid, it is the intent of the voters pursuant to this section shall be expended
that this act shall be giver, the -full force of law. within the State Waller Resources Developtrient
(c) If any rival or conflicting initiative regulating System, and on consumer water conservation
i
any matter addressed by th.s act receives a programs within the -jurisdiction of the State
higher affirmative vote, then all nonconflicting Water Resources Deve iopment System.
i
parts of this act shall become operative. I'd The funds appropriated to the district
U
SEC, 4, If any provision of this act or the pursuant to this section shall be expended
application thereof is held invalid, that :invalidity within the water r storage, treatment, conveyance,
shall not affect other provisions or applications and distribution system of the district and on
of this act that can be given effect without the consumer water conse,rnation P,-09r3rns within
invalid provisions or applications, and to this the jurisdiction of the district.
end the provisions of this act are severable. W) 0 f the COnSurPer water conservation
SEC. 5. Section 2799.7 :is added to the Fish programs author''7od by subdivisions tb) and (c
and Game Code, to read: highest -priority shall be given to those
2 . Subdivision f) of Section 87 does benefitting disadvantaged communities, as
799.7 ( 21 7 '
not apply to Section 2795. N defined in subdivision k,a o
,'notwithstanding f Section 79505.5,
" mar be amended, and econon)i ally
other provisions of this article and Section as it t' I .C J
13340 of the Government Code, as of July 2, distressed areas, as defined in subdivision (k) of
2020, funds -transferred pLjrSUant to Section Section 79702, as it may be amended.
2795 shall be continuously appropriated to the (e) Ali expenditures pursuant to this section
Wildlife Conservation Board for purposes of shall meet the requirements of Chapter 4.1
Chapter 8 (commencing with Section 86120) of "cornmencing with Section 39710) of Part 2 of
Division 38 of the Water Code. Division 26 of the Health and Safety Code. The
department and district will provide an annual
SEC, 6. Article 8 (commencing with Section uep U P,
11860"; :Is added to Chapter 9 of Part 3 of report to the State, Air Resources Board on the
Division 6 of the Water CoLde, to read:
prior
or year's project il-riplementation alongwith a
plan for year ;current
Article B. Greenhouse Gas Reduction Fund I Im plementation.
1 1860, (a) Notwithstanding a nj/ other (f) No funds provided by this part shall be
provision n of law, including Section 13340 of the expended to pay the costs of the design,
I 1 /0 1 construction, operation, mitigation, -or
Government Code and Sections 39710 to
39723, inclusive, oil the Health and Safety maintenance of new Delta water conveyance
I facilities. No funds provided by this section
Code, the fees paid➢ the cost of compliance shall be expended to pay the costs of
Instruments acquired, and the increased cost of construction of new surface water storage
power purchased by the Departn)ent of Water facilities or to expand the capacity of the
Resources as a result of the implementation of California Aqueduct or the Colorado River
Division '25.5 (commencing with Section ion Aqueduct, Those costs shall be the responsibility
38500) of the Health and Safety Code are
continuousl appropriated to the I department
t of the water agencies that benefit froirn the
Y design, construction,
ion, operation,
ion, mitigation, or
from the Greenhouse Gas Reduction Fund, as maintenance of those facilities.
defined in Section 16428,8 of the Govermnent
Code, and the fees paid, the cost of compliance (g) All reasonable and feasible measures shall
instruments acquired, and the increased cost of be taken to reduce, avoid, or m,itigate significant
neg M
power purchased by the Metropolitan Water ;ative environmental Pacts from projects
District of Southern California (Chapter 209 of undertaken pursuant to this section.
the Statutes of 1969, as amended) as a result 1180-1. /a) Notwithstanding any other
of the implementation of Division '25.5 of the provision of law, including Section 13340 of the
Health and Safety Code are continuously Government Code and Sections 39710 to
Text nfProrY1sedL':3ws 51
T XT OF PROPOSED LAWS PROPOSITION 3 CONTINUED
39723, inclusive, of the Health and Safety negative environmental impacts from projects
Code, the fees paict the cost- of corripliance undertaken pursuant to this section,
instruments acquired, and the increased cost of
power purchased by the Contra Costa Water PROPOSITION 4
District as a result of the implementation of 'ia�:ve measure is Submi--ed to the
with
L L This :niL! 11,
Division 25.5 (commencing h Section
38500) of the Health and Safety Code ..are people I n accordance with the provisions of
continuously appropriated to the district from Section 8 of Article 11 of the California
the Greenhouse Gas Reduction Fund, as defined Constitution.
in Section 16428.8 of the Government Code. This initiative measure adds sections to the
initiative
and the fees paid, the cost of compliance Health and Safety Code; therefore, new
instruments acquired, and the increased cost of provisions proposed to be added are printed in
power put-chased by the San Luis and Delta italic type to indicate that they are new.
Mendota Vlnater Authority as a result of the
implementation of Division 25.5 (comenci.ng PROPOSED LAW
(con
-------------------------------
------------------------------- -nmencing wit with Section 38500) of the Health and Safety SECTION 1. Part 6.3 (cor i
Code are continuously appropriated to the Section 1179.81) is added to Division I of the
authority from the Greenhouse Gas Reduction Health an ' Safety Code. to read:
Fund, as defined in Sect-ion 16428.8 of the PART 65.S. CHiLDREN'S HOSPITAL-
Government Code. BOND ACT OF 2018
(b) (1) The funds appropriated to the Contra Ct-,,APTt_7P 1. GENERAL PROVISIONS
Costa Water District nLM1_3uant to this section
sha/l be expended within the boundaries of the 117.9.81. (a) This part shall be known, and
district and on consumer water conservation
may be cited, as the Children's Hospital Bond
programs within the district. Act oil 21018.
tCalifornia's,b) Ca';fbrnia's network of regional children's
0 The funds Hospitals appropriated
ppropriated to the Sari Luis and h 'ta/s provide vital health care services to
D M elta endota Water Authority pursuant to this h P,
children facing lit threatening illness
Iness or injury.
section shall be expended within the water
Over- one million times each year, children are
storag;e, treatment, conveyance, and distribution cared for at these hospitals without regard to
system of the. authority and on water -their farriilys ability to pay
conservation, water quality improvement, water treatment, -water supply. and similar water tc) Ch;ldrens hospitals also provide specialisedprograms within the jurisdiction of the authority. treatment and care that has increased the
survival Of children suffering from Serious
(c) 01' the funds appropriated pursuant to dtseases and illnesses Such as childhood
subdivision (b), highest priority shall be given to leukemia, cancer, heart defects, diabetes, sickle
those projects benefitting disadvantaged cell anernia, and cystic fibrosis.
communities, as defined in Subdivision (3) of (d) Ch i1a.ren's hospitals also provide essential
Section 79505.5. as it may be amended, and training i ning for pedi t-ic' ns, pediatric -specialists
economically distressed areas, as defined n, h ah Ja , a
and others who treat children, and they conduct
subdivision (k) of Section 79702. as it may be
critically important medical research that
amended. benefits all of California's children.
(d) All expenditures pursuant to this section (e) However, the burden of providing
shall meet the requirements of Chapter 4.1 uncompensated care and the increasing costs of
(commencing with Section 39710) of Part 2 of health care, seriously impair
r our children's
Division 26 of the Health and Safety Code. The hospitals' ability to modernize and expand their
district a,id the authority shall provide an annual facilities
lities arid to purchase the latest medical
report to the State Air Resources Board on the technologies and special medical equipment
prior years project implementation al'ong with a necessary to take care of sick children.
plan for Current year iMplerrientation.
P, (f) Therefore, the People desire to provide a
(e) All reasonable arid feasible measures shall steady and ready source of funds for capital
be taken to re-duce, avoid, or mitigate significant improvement programs for chi/dren's hospitals
52 1 Tex of Proposes Laws
TEXT OF PROPOSED LAWS PROPOSITION 4 CONTINUED
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to improve the health, welfare, and safety of costs of constructing expanding, remodeling
California's children. renovating-, furnishing, equi.ppi.ng, financing, or
1179.82. As used in this part-, the following refinancing of a children's hospital where these
terms have the following n fean/n gs: costs are incurred after January 1, 2018.
"Project" may include an bination of one
(a) "A-uthority" means the California Health Y y C0177'
F a c i t 1;es Financing Authorit established or niore of the foregoing undertaken JoinLQY by
Y two or more participating children's hospital,,
Pursuant to Section 18431 of the Government that qualify under this part.
Code.
(b) "Childrens hospital," means either of the C,,-iAPTE-t? 2. Ti-ff CHILDREN's HosPITAL PROGRAM
following. 1179.83. The proceeds of bonds issued and
(1) A Universitr of California general acute_ Care sold pursuant to this part shall be deposited 'in,
the Children's Hospital Bond Act Fund, which is
hospital described belom hereby created.
("A' University of California, Davis Children's
Hospital'. -7179.84. The Purpose of the Children's
Hospital Program is to im-prove the health and
(B) Mattel Children's Hospital at University of welfare of California's critically ill children by
California, L.os Angeles.
providing a stable and ready source of funds for
(C) University Children's Hospital at University Capital improvement projects for chlid-en's
of California, Irvine. hospitals. The program provided for in this part
is in the Public interest, serves a Public Put-pose,
(D) University of California, San Francisco
Children's Hospital. and will promotethe health, welfare, and safety
of the citizens of the state.
(E) University of California, San Diego -i
Children's Hospital. 1.179.85. The authority is authorized to award
(2) A ge neral acute care hOSDital that is, grants to any children's hospital for purposes of
0" 's funding projects, as defined in subdivision (g) of
an operating entity of a California nonprofit Section 1179.82, or to a hospital pursuant to
corporation that received a grant or grants subdivision (c) of Section 11 79.86,
pursuant to Part 6 (commencing with Section
Z 179.86. (a) Eig 1770.10) or Part 6.1 (commencing with _17teen per of the total
—1 -
Section .1.179.50) that provides comprehensive funds available for grants pursuant to this Dart
pediatric services to a hgh Volume of children shalt be awarded to children hospitals as
eligible for governmental programs and to defined in paragraph (1) of subdivision (b) of
children with special health care needs eligible Section 1179.82.
for the California Children's Services Program. (b) Seventy-two percent of the total funds
"cl Committee" means the Children,, Hospital available for grants pursuant to this part shall
Bond Act Finance Corninittee created DurSuan-, be awarded to children's hospitals as defined in
to Section 1179.91. paragraph (2) Of Subdivision (b) of Section
(d) "Fund" means the Children's Hospital Bond 1179.82.
Act Fund created pursuant to Section 1179.83. (c) Ten percent of the total funds available for
grants pursuant to this part shall be available
(e) "Grant" means the distribution of money in
- for grants to hospitals that provide pediatric
the fund by the authority to children's hospitals services
Ces to children eligible for the California
for projects pursuant to this part or to an eligible &i,idren's Services Program, that are, either (1) a
hospital pursuant to this part� public hospital as defined I'n paragraph (-95) of
subdivision (a) of Section 14105.98 of the
(f) "Program"' means the Children's Hospital SUD J. L
Program established pursuant to this part. Welfare and Institutions Code, or (2) a genera'I
(,g) "Project," means constructing. expanding, acute care hospital licensed pursuant to Section
remodeling renovating, furnishing, equipping, 1250 of this code that is, or i.s an operating
financing, or refinancing of a children's hospital entity of, a California nonprofit corporation. The
to be financed or refinanced with funds provided funds shall be used solely for constructing,
in whole or in part pursuant to this part. expanding, remodeling renovating, furnishing
"Proiect" mar include reimbursement for the or equipping the pediatric Drograrn of an eligible
L,:3 Te.xtnfProrY,sed ' ws 53
1
T XT OF PROPOSED LAWS PROPOSITION 4 CONTINUED
hospital, A children's hospital as defined in exhausted by June 30, 2033,
shall become
subdivision (b) of Section 1179.82 shall not be available for an application from any children's
eligible for grants under this subdivision, except hospital identified in paragra-ph (I-) o f
that any funds available under this subdivision Subdivision (b) of Section 1179.82.
that have not been exhausted b June 30, t
Y d) A children's hospital identified in paragraph
2033. shall become available for an ap lication (2) of subdivision k"b, of Section 1179.82 shall
from any such children's hospital, The authority not apply for, and the authority shall not award
shah award grants under procedures it shall' to that childrenf° hospital, a 'grant that would
adopt to further the purposes of this subdivision. cause the total ai-nount of grants awarded to
-1179.87. (a) The authority shall develop
D a that children's hospital to exceed
written application for the awarding of grants one hundred' thirty-five million dollars
under this part within 90 days of the adopt-ion
($135,000,000) front; funds available for grants
of this act. '1he authority shall award grants to to all children's hospitals pursuant to
eligible children's hospitals, subject to the subdivision (b) of Section 1179.86.
limitations of this part and to further the Notwithstanding this grant /imitation, any funds
purposes of this part, based on the following available Linder subdivision (b) of Section
factors: 79.86 that have not been exhausted by
(1) The grant will contribute toward expansion June 30, 2033, shall become available for an
or improvement of healthcare access . application from any children's hospital defined
by in paragraph (2) of Subdivision (b) of Section
children eligible for governmental health .1179,82.
insurance programs and indigent, L,,nderserved,and uninsured children. (e) In n 9
o event shall a rant to finance a project
exceed the total cost of the project, as
0 The grant will' contribute toward the determined by the children's hospital ' and
improvement of child health care or pediatric approved by the authority.
patient outcomes. (f) All projects that are awarded grants shall be
k0) '1h e children hospital provides comp.leted within a reasonable period of tittle. If
uncompensated or undercompensated care to the authority determines that the children's
indigent or public pediatrfc patients,
hospital has failed to complete the project
(4) The children's hospital provides services to under the terms specified in awarding the grant,
vulnerable pediatric populations, the authority may require remedies, including
( ) the return of all or a portion of the grant. A
5( ) The children's hospital promotes pediatric children's hospital receiving a grant under this
teaching or research programs. part shall submit certification of project
(6) De!,nonstration of project readiness and completion to the authority.
project feasibility. (g) Grants shall only be j available pursuant to
(b) (1) An application for funds shall be this section if the authority determines that it
submitted to the authority for approval as to its has sufficient money available in the fund.
conformity with the requirements of this part. Nothing in this section shall require, the
(2) The authority shall process and award grants authority to award grants if the authority
14
in a tirne'v manner. not to exceed 60 dqys. ueterrriines that it has insufficient moneys
"c) A children's hospital identified in paragraph available in the fund to do so.
(1) of subdivision (b) of Section 1179.82 shall (h) The authority may annually determine the
not apply for and the authority shall not award amount available for purposes of this part.
to that children's hospital, a grant that would Administrative costs for this program shall not
cause the total amount of grants awarded to exceed the actual costs or .1. percent, whichever
that children's hospital to exceed one-fifth of is less.
the total funds available for grants to all .1.179,88. The California State Auditor may
children's hospitals pursuant to Subdivision (a) conduct periodic audits to ensure that bond
of Section 1.179.86. Notwithstanding this grant proceeds are awarded in a timely fashion and in
limitation, any funds available Linder Subdivision a manner consistent with the requirements of
(a) of Section 1.1.79.86 that have not been this -part and that awaroees of bond proceeds
54 Tex of Proposed Laws
TEXT OF PROPOSED LAWS PROPOSITION 4 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
are using funds in compliance with applicable issue bonds authorized pursuant to this part in
previsions' ; of this part. order to carry the act-ions specified in
out L
Cfj,,�p-iEfT 3� FSCAL PROVISIONS Section 1179.84 and, if so, the amount of
1.1.79.89. Bonds in the total amount of bonds to be issued and sold. Successive issues
one billion five hundred million dollars of bonds may be authorized and sold to carry
out those act-ions progressively, and it is riot
($1,500,000,000), not including the amount of necessary that all of the bonds be issued or sold
any refunding bonds, n,,ay be issued and sold to at anv one time.
p Je a fund to be Lised for carrying 0Ljt H rovi u - u he
purposes eXDressed in this part and to reimburse 1179.93. There shall be collected each year
the General Obligation Bond Expense Revolving and in the sarne manner- and at the same time
Fund pursuant to Section 16724.5 of the as other state revenue is collected, in addition
Government Code. The bonds, when solct shall to the ordinary revenues of the state, a surn In
pay be and constitute a valid and binding obligation an amount required to
U y the principal of, and
of the state, and the full faith and credit of the Interest On, the bonds each year. It is the duty
state is hereby pledged for the punctual of all officers charged b law with an ' I- '
Y y outy in
payment of the principal of, and interest on, the regard to the collection of the revenWe to do and
bonds as the principal and interest become due perform each and every act that is necessary to
and payable. collect that additional sum.
1179.90� The bonds authorized by this Part 1179.94. Notwithstanding Section 13340 of
shall be prepared, executed, issued, sold, paid, the Government Code, -there is hereby
and redeemed as provided in the State General appropriated continuously from the General
Obligation Bond Law (Chapter 4 (commencing Fund in the State Treasury, for the "PUrPoseS of
with Section 16720) of Part 3 of Division 4 of this ,Dart, an amount that equals the total of the
Title 2 of the Goverf,,ment Code), and all following:
provisions of that law apply to the bonds -)and t- (a) Theiim s annually necessary to Pay the
thi '
L s part and are hereby incorporated in this principal of, and interest on, bonds issued and
,part as though set forth in full in this part. sold pursuant to this part, as the principal and
1179.91. (a) Solely to,- the Purpose of interest become due and Payable.
authorizing the issuance and sale pursuant to (b) The siim necessary to carry out Section
the State General Obliga"ion Bond Law (Chapter '
appropriated
-7179.95, without regard to fiscal
4 (commencing with Section 16720) of Part 3 1
I years.
of Division 4 of Title 2 oil the Government Code;
t 9.95. or he purposes of ca
rrying L
of the bonds authorized by this part, the 117 F out this
Children`s Hospital Bond Act Finance part-, the Director of Finance mad; authorize the
Corrim'ittee is hereby created. For purposes of withdrawal from the General Fund of an amount
this Part, the Children's Hospital Bond Act not to exceed the amoiint of the unsold bonds
Finance Con-irnittee is the "committee" as that that have beer? authorized by the committee to
term is used in the State General Obligation be sold for the purpose of carrying out this part.
Bond Law. The committee consists of the Any amounts withdrawn shall be deposited in
Controller. the Director of Finance, and the the fund. Any money made available under this
Treasure,-' o'- their designated representatives. section shall be returned to the General Fund
The Treasurer sha/i servo as chairperson of the from proceeds received from the sale of bonds
committee. . majority of the committee may act for the purpose of carrying out this part.
for the committee. 1179. All money deposited in the fund
(b) The authority is designated the "board" for that is derived from premium?
um and accrued
purposes
poses of the State General Obligation Bond interest on bonds sold shall be reserved in the
Law (Chapter 4 (commencing with Section fiend
und and shall be available for transfer to the
16720) of Part 3 of Divfsion 4 of 'Ttle 2 of the General Fund as a credit to expenditures for
Government Code), and shall administer the bond interest.
DrOgrarn pursuant to -,'hi's part.r- 1179.97.
PLIfSLjant to Chapter 4 (commencing
1179.92 The committee shall determine with Section 16720) of Part 3 of Divis.i f'
ri on 4 o
whether- or not it is necessary or desirable to Thle 2 of the Government Code, the cost of
Text of L,:3 Prom'sed ' ws 55
1
T XT OF PROPOSED LAWS PROPOSITION 4 CONTINUED
bond issuance shall be paid out of the bond advantage under federal law on behalf of the
proceeds. These costs shall be shared funds of this state.
proportionally by each chi/drens hospital CHAPTER 4. GENERAL PROVIS0NS
funded through this bond act. 1179.1 The people hereby find and
0 1
I1.79,9& A The authority may request the
Pooled Money Investiment Board to rriake a loan declare that, inasmuch as the proceeds from the
sale of bonds authorized by this part are not
.from the Pooled Money Investment Account, "proceeds of taxes" as that tern-7 is used in
including other authorized forms of interim, Article X111B of the California Constitution, the
financing- that include, but are not limited 1-1 to.
I u isbursement of these proceeds is not subject
commercial paper, in accordance with Section to the limitations i '
16312 of the Government Code, for purposes of imposed by that article.
carrying out this part. The amount of the request 1179 102. Notwithstanding any other
shall not exceed the amount of the unsold bonds provision of this part, the P.rovisions of this part
that the committee, by resolution?, has are severable. If any provision of this part or Its
authorized to be sold for the purpose of carrying application Dlication is held invalict that- invalidity shall
f h provisions or applications that
out this part. The authority shall' execute not affect of.' er pr, .0
documents required by the Pooled Money can be given effect without the invalid provision
Investment Board to obtain and repay
pay the loan. or application.
Any amounts loaned shall be deposited in the
. d to be allocated by the board in accordance PROPOSITION
fun 5
with this part. This init lative measure is salami--ed to the
1179.99. The bonds may be refunded in people in accordance with the provisions of
accordance with Article 6 (commencing with Section 8 of Article 11 of the Cahfornia
Section 16780) of Chapter 4 of Part 3 of Constitution.
Division 4 of Title 2 of the Government Code, This initiative measure amends
ends a section of the
which is a part of the State, General Obligation California Constitution and amends and adds
Bond Law. Approval by the voters of the state sections to the Revenue and Taxation Code;
for the issuance of the bonds described in this therefore, existing provisions proposed to be
Part includes the approval of the issuance of deleted are printed in strikeaut ty and new
any bonds issued to refund any bonds originally provisions proposed to be added are printed in
issued under this Dart or any previously issued italic type to ;
refunding bonds. I indicate that they are new.
1179.100. Notwithstanding any other PROPOSE® LA
Provision of this part-, or of the State General SECTION 1. This act shall be known. and
Obligation Bond Law (Chapter 4 (con7mencing shall be cited, as the People's Initiative to
-with Section 10-7.90) of Part 3 of Division 4 of Protect Proposition 13 Savings.
Title 2 of the Government Code), if the Treasurer SEC. 2. Sectlon 2 of Article XIIIA of the
sells bonds pursuant to this part that include a C i 'ion is amended -o read:
P� al'fornia Constitut U L U
bond counsel opinion to the effect that the
interest on the bonds is excluded frorn gross SEC— 2. (a) ('11) The "full cash value" means
income for federal tax purposes, subject to the county assessor's valuation of real property
designated conditions, the Treasurer may` as shown on the 1975---76 tax bill under "full
,maintain separate accounts for the investment cash value" or, thereafter, the appraised value
of bond proceeds and for the Investment of of rea I property when purchased, newly
earnings on -those proceeds. The Treasurer may constructed, or a change in ownership has
use or direct the use of those proceeds or occurre0l" after the 1975 assessment. All real
earnirig s to pay any rebate, penaltv or other property riot already assessed up to the
.
payment required under federal Law or take any 1975-76 full cash value may be reassessed to
other action with respect to the investment and reflect that valuation. For purposes of this
use of those bond proceeds required or desirable section, "newly constructed" does not include
under federal law to maintain the tax-exempt real property that is reconstructed after a
status of those bonds and to obtain any other disaster, as declared by the Governor, where the ot h
56 Tex of Proposed Laws
TEXT OF PROPOSED LAWS PROPOSITION 5 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
fair market value of the real property, as replacement dwellings are located in that county
reconstructed, is comparable to :its fair market and the original properties are located in
value prier to the disaster. For purposes of this another county within this State. For purposes
section, the term "newly constructed" does not of this paragraph, "local affected agency"
include that portion of an existing structure that means any city, special district, school district,
consists of the construction or reconstruction of or community college district that receives an
seismic retrofitting components, as defined by annual property tax revenue allocation. This
the Legislature. paragraph applies to any replacement dwelling
1 lowever, th-e that was purchased or newly constructed on or
(2, dftr Nov r 8 d until after the date the county adopted the provisions
I On an aeembe an of this subdivision relating to transfer of base
January 1, 2019, the L.egislature may provide year value, but does not apply to any
that. under appropriate circUMstances and y pursuant to definitions and procedures replacement dwelling that was purchased or
established by the Legislature, any person over newly constructed before November 9, 1988.
the age of 55 years who resides in property that T4�-,
is eligible for the homeowner's exemption under (5) On and after June 6, 1990, and until
subdivision (k) of Section 3 of Article X1 I I and January 1, 2019, the Legislature may extend
any implementing legislation may transfer the the provisions of this subdivision relating to the
base year value of the property entitled to transfer of base year values from original
exemption, with the adiustments authorized by
I properties to replacement dwellings of
subdivision (b), to any replacement dwelling of dwelling hor-neowners over the age of 55 years to severely
equal or lesser value located within the same
disabled homeowners, but only with respect to
county and purchased or newly constructed by ' i iy
that person as his or her principal residence those replacement dwellings purchased or neM
constructed Lructed on or after the effective date of this
Within two years of the sale of the original paragraph.
property. F---t (6) (A) On and after January 1, 2019, subject
(`3, i
I (A) For purposes of this section, the
following definitions shall apply: to applicable procedures and definitions as
provided by statute, the base year value of
W "Any person over the age of 55 years" property that is eligible for the horneownei-s
includes amarried couple one member of which P�
is over the age of 55 --- es exen1T,)tion u under sbdivision (k,, of Section 3 of
years. Far puffxy
etion, "replaeergient s Article X/11 of any person over 55 years ollago or
any severely disabled horneowner shall be
- replacement
(ii) "Replacernent dwelling" means a building; transferre d to any replaceipent dwelling,,
structure, or other shelter constituting a place of regardless of the number of prior transfers, the
abode, whether real property or, personal value of the replacernent dwelling or whether
property, and any liand on which it may be the replacernent dwelling is located within the
situated. For purposes of this section, a same county, that is purchased or newly
two-dwelling unit shall be considered as constructed by that person as his or her-
two separate single-family dwellings. T4�t� principal residence within two years of the sale
(B) This paragraph shall apply to any of the original proper ty
replacement dwelling that was purchased or (B) For purposes of this paragraph,. the
newly constructed on or after November 5, 1986. following shall apply:
in addition, the W For any replacement dwelling of greater
(4) On and after November 9, 1988, and until value and purchased or newly CO,'!StruCted by a
January 1, 2019, the Legislature may authorize person eligible to transfer the base year value of
each county board of supervisors, after his or her original property, the base year value
consultation with the local affected agencies of the replacement dwelling shall be CaICU13ted
within the county's boundaries, to adopt an by adding the difference between the full cash
ordinance making t h e provisions of this value of the original property and the full cash
Subdivision relating to transfer of base year value of the replacernent dwelling to the base
value also applicable to situations :in which the year value of the original property.
L,:3 Te.xtnfProrY,sed ' ws 57
1
T XT OF PROPOSED LAWS PROPOSITION 5 CONTINUED
sir:) For an.Y replacen7ent dwelling of equal or acquisition of real property as a replacement for
lesser value purchased or newly constructed by comparable property if the person acquiring the
a person eligible to transfer the base year value real property has been displaced from the
of his or her original 'prop.erty, the base year property replaced by eminent domain
value of the replacerrient dwelling- shall be proceedings, by acquisition by a public entity,
calculated b dividing I I
.n,q the base year value of the or governmental action that has resulted in a
y Y(__1
original TYGIDerty by the full cash value of the Judgment of inverse condemnation.emiriation. The real
original property, and rnultiplyh-lg the result by property acquired shall be deemed comparable
the full cash value of the replacement dwelling. to the property replaced it it is similar in size,
(b) The full cash value base may reflect from utility, and function, or if it conforms to state
I I i
year to year the 'inflationary rate not to exceed regulations defined by the Legislature governing
2 percent for any given year or reduction as the relocation of persons displaced by
shown in the consumer price index or governmental actions. This subdivision applies
to any property acquired after March 1, 1975,
comparable data for the area under taxing 11 L
jurisdiction„ but affects only those assessments of that
ction, or r lay be reduced to reflect
substantial damage,
in value., destruction, or other factors property that occur after the provisions of this
causing a decline C, Subdivision take effect.
(c or (e) (1) (A) Notwithstanding any other provision) 'F purposes of subdivision (a) the L
I I I I
Legislature may provide that the term In of this section, the Legislature shall provi'l-le that
I lewly
' the base year value of property that is
constructed" does not include any of the substantially damaged or destroyed by a
following: disaster, as declared by the Governor, may be
(1) The construction or addition of any active.
solar energy system. transferred to comparable property with in the
same county that is acquired or newly
(2) The construction or 'installation of any fire constructed as a replacement for the
sprinkler system, other fire extinguishing substantially damaged or destroyed property.
systeryi, fire detection system, or fire-related
egress improvement, as defined by the
L- ------
Legislature, that is constructed or installed after B) Except as provided i n -paragr-�ph
the effective date of this paragraph. subparagraph (C,,,,, this subdivision paragraph
applies to any comparable replacement property
(3) The construction, installation, or aCnUired or newly constructed on or after JuIv 1,
live or after the effective of this modification on ect date 985, until January 1, 2019, and to the
paragraph of any portion or structural
determination of base year values for the
component of a single- or rylulltiple-fart' ily
�dwelling that is eligible for the homeowner's 1.985-86 fiscal year and fiscal years thereafter.
:welling eligible 1 until the 2018-19 fiscal year.
exemption' if the construction, installation, or f3q
modification is for the purpose of making the
dwelling more accessible to a severely disabled (C) W In addition to the transfer of base year
person. value of property within the same county that is
(4) The construction, installation, removal, or permitted by paregraph subparagraph (A),
modification on or after the effective date of this the Legislature rnay authorize each county board
paragraph of any portion or structural of supervisors to adopt, after consultation with
component of an existing building or structure If affected local agencies within the county, an
the construction, installation, removal 01' ordinance mance allowing the transfer of the base year
.1 value of property that is located within another
rnodificatilon is for -the purpose of making the
building more accessible to
I , or more usable by; I county in the State and is substantially damaged
a disabled person. or destroyed by a disaster, as declared by the
Governor, to comparable replacement property
I I
(5) The construction or addition, completed on of equal or lesser value that is located within
or after January 1., 201.9, of a rain water capture the adopting county and is acquired or newly
system, as defined by the Legislature. constructed within three years of 'the substantial
(d) For purposes of this section, the term damage or destruction of the original property
"change :in ownership" does riot :include the as a replacement for that property. The scope
58 1 Tem of Prnposecd Laws
TEXT OF PROPOSED LAWS PROPOSITION 5 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
and amount of the benefit provided to a property original property by the full cash value of the
owner by the transfer of base year value of original property and 1`T?LJ/tiD/y1;r1,g the result by
property pursuant to this paragraph shall not the full cash value of the replacement property
exceed the scope and amount of the benefit (f) For the purposes of subdivision (0:
provided to a property owner by the transfer of
base year value of property pursuant to (1) Property is substantially damaged or
SLibdiviion (a). For purposes of this ffafiigfa0_, destroyed if it sustains physical damage
subparagraph, "affected local agency" means amounting to more than 50 percent of its value
any city, special district, school district, or irrii-Tiediately before the disaster. Damage
cornrylunity college district that receives an includes a, diminution in the value of property as
annual allocation of ad valorem property tax a result of restricted access caused by the
revenues. disaster.
T�4s---p&-a�g gf-af+ (2) Replacement property is comparable to the
(ii This subpara rah a ies to an property substantially damaged or destroyed if it
g pp! y)
comparable replacement property that is is similar in size, utility, and function to the
acquired or newly constructed as a replacement property that it replaces, and if the fair market
for property substantially damaged or destroyer: value of the acquired property is comparable to
he Governor,by a disaster, as declared by t the fair market value of the replaced property
L
occurring on or after October 20, 1991, and prior to the disaster.
before lama r y 1, 2019, and to the Q.0 For purposes of subdivision (a), the terrins
determination of base year values for the "Purchased" and "change in ownership" do not
1991---92 fiscal year and fiscal years thereafter. include the purchase or transfer of real property
until the 2018---19 fiscal year between spouses since March 1, 1.975,
(2) (A) Notwithstanding any other provision of including, but not limited to, all of the following:
this section, on and I after january .1, 2019, the (1) Transfers to a trustee for the beneficial use
base year value of property that is Substantially of a spouse, or the surviving spouse of a
damaged or destro.ved b.y a disaster-, as declared deceased transferor, or by a trustee of such a
by the Governor, shall be transferred to any trust to the spouse of the trustor.
property that is acquired or newly constructed (2) Transfers to a spouse that take effect upon
as a replacement for the substantialY dama�Yed
the death of a Spouse,
or destroyed property. rep that
;ardless of whether L t
replacernent property is cornparable, as (3) Transfers to a spouse or former
m settlement
spouse in
P,
specified in paragraph (2) of subdivision (0, or connection with a property
whether the agreement replacernent property is located ag ent or decree of dissolution of a marriage
tl n
within the same.county or leaal reparation.
(13) F-or purposes of this paragraph, the (4) The creation, transfer, or termination, solely
shall'apply: between SPOL w
following g spouses, of any cooner's interest.
(0 For any replacement property of greater .(5) The distribution of a legal entity's property
i
value and purchased or newly constructed by a to a spouse or former spouse n exchange for the
person eligible to transfer the base year value Of interest of the spouse in the legal entity in
his or her original property, the base .year value connection with a property settlement
of the replacernent property shall be calculated agreement or a decree of dissolution of a
by adding the difference between the full cash marriage or legal separation.
value of the original property and the full cash (h) (1) For purposes of subdivision (a), the
value of the replacement property to the base terms
s "purchased" and "change in ownership"
year value of the original proper�y.
do not 'Include the purchase or transfer of the
"li) For any replacernent property of equal or principal residence of the transferor in the case
lesser value purchased or newly constructed by of a purchase or transfer between parents and
a person eligible to transfer the base year value their children, as defined by the Legislature,
of his or her original property, the base year and the purchase or transfer of the first
value of the replacement property shall be one l ful the Ml.1lion dollars ($1,000,000) of i i
calculated by dividing the base year value of the Cash Value of all other real property between
Text nfPrerY1sedL,:3ws 59
T XT OF PROPOSED LAWS PROPOSITION 5 CONTINUED
parents and their children, as defined by the value of the qualified contaminated property if
Legislature. This subdivision applies to both contarnina-ed a that property were not n d, except L
voluntary transfers and transfers resulting from as otherwise provided by this clause, is located
a court order or judicial decree. within the same county. The base year value of
(2) (A) Subject to subparagraph (B) the Qualified contaminated property may be
i transferred to a replacement real property
commencing with purchases or transfers that
ZD
Occur on or after the date upon which the located within another county if the board of
measure adding this paragraph becomes supervisors of that other county has, after
i i i
effective, the exclusion established by paragraphconsultation with the affected local ocal agencies
(1) also applies to a purchase or transfer of real within that county, adopted a reso I ut i"on
property between grandparents and their authorizing an intercounty transfer of base year
grandchild or grandchildren, as defined by the value as so described.
Legislature, that otherwise qualifies under (i This subparagraph applies only to
paragraph (1), if all of the parents of that replacement property that is acquired or newly
grandchild or those grandchildren, who qualify constructed within five years after ownership in
as the children of the grandparents, are the qualified contaminated property is sold or
deceased as of the date of the purchase or otherwise transferred.
transfer. (B) In the case in which the remediation of the
(B) A purchase or transfer of a principal environrylental problems on the qualified
--------------------------------
-------------------------------- residence shall not be excluded pursuant to contaminated property requires the destruction
--------------------------------
SLlbparagraph (A) if the transferee grandchild or of, or results in substantial damage to, a
grandchildren also received a principal structure located on that property, the term
residence, or interest -therein, through another "new construction" does not include the repair
purchase or transfer that was excludable of a substantially damaged structure, or the
pursuant to paragraph (1). The frill cash value construction of a structure replacing a destroyed
of any real property, other than a principal structure on the qualified contaminated
residence, that was transferred to the grandchild property, performed after the remediation of the
or grandchildren pursuant to a purchase or environmental problems on that property,
transfer that was excludable pursuant provided that the repaired or replacement
to paragraph (1), and the full cash Value of a structure is similar in size, utility, and function
principal residence that fails to qualify for to the original structure.
exclusion as a result of the preceding sentence, (2) For purposes of this subdivision, "qualified
shall be included in applying, for purposes of
contaminated property" means residential or
subparagraph (A), the one-million-collar nonresidential real property that is all of the
($1,000,000) full cash value limit specified in following;
paragraph (1). (A) In the case of residential real property,
0) (1) Notwithstanding any other provision of rendered uninhabitable, and in the case of
this section, except as otherwise prowled in nonresidential real property, rendered unusable,
paragraph (5), the L.egislature shall provide with as the result of either environmental problems,
respect to a qualified contaminated property, as
in the nature of and including, but not 1:11rrilted
defined in paragraph (2), that either, but not L" i i to, the presence of toxic or hazardous materials,
both, of the following apply: i i i
or the rerne .at:on d of those environmental
(A) (i) Subject to the Ill-nitation of clause 00, problems, except where the existence of the
on and after Novernber 4, 1998, and until environmental problems was known to the
January 1, 2019, the base year value of the owner, or to a related individual or entity as
qualified contaminated property, as adjusted as described in paragraph (3), at the time the real
authorized by subdivision (b), may be property was acquired or constructed. For
transferred to a replacement property that is purposes of this subparagraph, residential real
acquired or newly constructed' as a replacement property is "uninhabitable" if that property, as a
for the qualified contaminated property, if the result of health hazards caused by or associated
replacement real property has a fair market with the environmental problems, is unfit for
value that is equal to or less than the fair i-narket human habitation, and nonresidential real
60 Tex of Proposed Laws
TEXT OF PROPOSED LAWS PROPOSITION 5 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
property is "unusable" if that property, as a subparagraph (A) of paragraph (1), the base
result of health hazards caused by or associated year value of the qualified contaminated
with the environr lental problery s. is unhealthy property shall' be transferred to a replacement
.1
and Unsuitable for occupancy. property that is aCQuired or newly constructed
(B) Locater-li on a site that has been designated as a replacement for the qualified contaminated
properly, regardless of whether the replacement
as a toxic or environmental hazard or as an real property has a fair market value that is
environm'ental cleanup site by an agency of the I
State of California or the federal government. equal to or less than the fair market value of the
(C) Real property that contains a structure or qualified contaminated property if that property
were not contaminated or whether the
structures thereon prior to the completion of replacement property is located within the same
environmental cleanup activities, and that county
structure or structures are substantially
(B) For purposes of this paragraph, the
damaged or destroyed as a result of those following I P,
i .owing shall apply:
environmental cleanup activities.
(D) Stipulated by the lead governmental agency W For any replacement property of greater,
Co
with respect to the environmental problems or value and purchased I I or newly nStruCted by a
elig
ible gible to transfer the base year value of
environmental cleanup of the real property, not e
to have been rendered uninhabitabli-- or h1s or tier original property, pursuant to this
unusable, as a licable, as described in clause, the base year value of the replacement
Subparagraph (A)
property shall be calculated by adding the
,ppby any act or omission it property
between the full cash value of the
ti
which an owner of that real property participated
or acquiesced. original property and the full cash value of the
replacement property to the base year value of
(3) It shall be rebutably presumed that an the original propertV.
owner of the real property participated or For any replacement"ii) property of equal
acquiesced in any act or omission that rendered. , I or
the real property uninhabitable or unusable, as lesser value purchased or newly constructed by
applicable, if that owner is related to ariv a person eligible to transfer the base year value
individual or entity that committed that act or of ,his or tier original 'Dr0PertY pursuant to this
.individual - .committed clause, the base year value of the replacement
omission in any of the following ways:
property shall be calculated by dividing the base
(A) Is a spouse, parent, child, grandparent, year value of the original property by the full
grandchild, or sibling of that individual. cash value of the original property, and
(B) Is a corporate parent, subsidiary, or affiliate multiplying the result by the fu/i cash value of
of that entity. I the re0acerrient property.
k'C) Is an owner of, or has control of, that entity. (j) Unless specifically provided otherwise,
(D) Is owned or controlled by that entity. amendments to this section adopted prior to
November 1, 1988, are effective for changes in
If this presumption is not overcome, the owner ownership that Occur, and. new construction
Lruction that
shall not receive the relief provided for in is completed, after the effective date of the
subparagraph (A) or (B) of paragraph (1). The arnendirnent. Unless specifically provided
presumption may be overcome by presentation otherwise, amendments to this section adopted
of satisfactory evidence to the assessor, who after November 1, 1988, are effective for
shall not be bound by the findings of the lead changes in ownership that occur, and new
governmental agency in determining whether construction that is completed, on or after the
the presumption has been overcome. effective date of the amendment.
k W This subdivision applies only to replacement SEC. 3, Section 69.5 of the Revenue and
property that is acquired or constructed on or Taxation Code is amender-.' to read:
after January 1, 1995, and to property repairs 69.5, (a) (1) Notwithstanding any other
performed on or after that date. provision of law, pursuant to subdivision (a) of
(5) (A) Notwithstanding any other provision of Section 2 of Article XIIIA of the California
this section, on and after January .1, 2019, and Constitution, any person over the age of
suo,iect to the limitation of clause (ii) of 55 years, or any severely and permanently
Text of ProrYlsed Liaws 61
T XT OF PROPOSED LAWS PROPOSITION 5 CONTINUED
disabled person, who resides in property that is applicable c clat Cate may be a e earlier than the
Ul L
eligible for the homeowners' exemption under date the county adopts the ordinance.
subdivision (k) of Section 3 of Article XI I I of the (b) In addition to meeting the requirements of
California Constitution and Section 218 may subdivision (a", anv person claiming the property
transfer, subject to the conditions and tax relief provided by this section shall be
limitations provided in this section, the base eligible for that relief only if the following
year value of that property to any replacement conditions are me
'welling of equal or lesser Value that is located
within the same county and is purchased or (1) The claimant is an owner and a resident of
newly constructed by that person as his or her the original property either at the time of its
principal residence within two years of the sale sale, or at the time when the original property
by that person of the original property, provided was substantially damaged. or destroyed by
that the base year value of the original property rnisfortune or calamity, or within two years of
shall not be transferred to the replacement the purchase or new construction of the
dwelling until the original property is sold. replacement dwelling.
(2) Notwithstanding the lirylitation in paragraph (2) The original property is eligible for the
( leowners' exemption, as the result of the 1) requiring that the original property and the hor
replacement dwelling be located in the same claimant's ownership and occupation of the
county, this limitation shall not apply in any property as his or her principal residence, either
COLIntV in which the county board of supervisors, at the time of its sale, or at the time when the
after consultation with local affected agencies original property was Substantially damaged or
within the boundaries of the county, adopts an destroyed by misfortune or calamity, or within
ordinance making the provisions of paragraph two years of the purchase or new construction of
(1) also applicable to situations in which the replacement dwelling.
replacement dwellings are located in that county (3) At the time of the sale of the original
and the original properties are located in property, the claimant or the claimant's Spouse
another county within this state. The who resides with the clairylant is at least
authorization contained in this paragraph shall
55 years of age, or is severely and permanently
be applicable :in a county only if the ordinance disabled.
adopted by the board of supervisors complies
with all of the following requirements: (4) At the time of claiming the property tax
relief provided he claimant L
by
subdivision (a), the
(A) It is adopted only after consultation between is an owner of a replacement dwelling and
the board of supervisors and all other local occupies it as his or her principal place of
affected agencies within the countv's
boundaries. residence and, as a result thereof, the property
is currently eligible for the homeowners'
(B) It requires that all claims for transfers of exemption or would be eligible for the exemption
base year value from original property located in except that the property is already receiving the
another county be granted if the claims meet exemption because of an exemption claim filed
the applicable requirements of both subdivision by the previous owner.
(a) of Section 2 of Article XIIIA of the California (5) The original property of the claimant is sold
Constitution and this section.
by him or her within two years of the purchase
(C) It requires that all base year valuations of 0 v valuations r n ew construction of the replacement
original property located in another county and dwelling. For purposes of this paragraph, the
determined by its assessor be accepted in purchase or new construction of the replacement
connection with the granting of claims for dwelling includes the purchase of that portion
transfers of base year value, of land on which the replacement building,
i i
(D) It provides that its provisions are operative SILIFUCture, or other shelter constituting a place of
for a period of not less than five years. abode of the claimant will be situated and that,
(E) The ordinance specifies the date on and pursuant to paragraph (3) of subdivision (g),
dowelling.constitutes a part of the replacement ng,
after which its provisions shall be applicable. L i
However, the date specifie d shall not be earlier (6) Except as otherwise provided in paragraph
specifies: i
than November 9, 1988. The specified (2) of subdivision (a), the replacement dwelling,
62 Tex of Prnposedi Laws
TEXT OF PROPOSED LXNS PROPOSITION 5 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
including that portion of land on which A is (2) A manufactured home or a manufactured
situated that is specified in paragraph (51 is home and any land owned by the claimant on
located entirely within the same county as the which the manufactured home is situated. For
claimant's original property. purposes of this paragraph, "Wind owned by the
(7) The claimant has not previously been claimant" includes a pro rata interest in a
granted, as a claimant, the property tax relief resident-owned mobilehorne park that is
provided by this section, except that this assessed pursuant to Subdivision (b) of Section
paragraph shall not apply to any person who (52.1,
becornes severely and permanently disabled (A) If the manufactured home or the
subsequent to being granted, as a claimant, the manufactured home and the land on which it is
property tax relief provided by this section for situated constitutes the claimant's original
any person over the age of 55 years. In order to property, the assessor shall transfer to the
prevent duplication of claims under this section claimant's replacement dwelling either the base
within this state, county assessors shall report year value of the manufactured home or the
quarterly to the State Board of 'Equalization that base year value of the manufactured home and
information from claims filed in accordance with the land on which it is situated, as appropriate.
subdivision (f) and from county records as is If the manufactured home dwelling that
specified by the board necessary to identify fully constitutes the original property of the claimant
all claims under this section allowed by includes an interest in a resident-owned
assessors and all claimants who have thereby mobi1ehome park, the assessor shall transfer to
received relief. The board may specify that the the claimant's replacement dwelling the base
information include all or a pal of the names year value of the claimant's manufactured home
and his or her pro rata portion of the real
and social security numbers of claimants and
t property of the park. No transfer of base year
heir Spouses and the identity and location of
the replacement dwelling to which the clairn value shall be made by the assessor of that
portion of land that does not constitute a part of
applies. The information may be required in the the original property, as provided in paragraph
form of data, processing media or other media (4) of subdivision (g).
and in a, format that is compatible with the (13) If the manufactured h o rn e or the
recordkeeping processes of the counties and the manufactured home and the land on which it is
auditing procedures of the state. situated constitutes the claimant's replacement
(c) The property tax relief provided by this dwelling, the assessor shall transfer the base
section shall be available if the original property year value of the claimant's original property
or the replacement dwelling, or both, of the either to the Manufactured home or the
claimant includes, but is not limited to, either manufactured home and the land on which it is
of the following: situated, as appropriate. If the manufactured
(1) A unit or lot within a cooperative housing home dwelling that constitutes the replacement
corporation, a corn-i-nunity apartment project, a dwelling of the claimant includes an interest in
condominium project, or a planned unit a resident-owned mobilehome park, the assessor
development. If the unit or lot constitutes the shall transfer the base year value of the
original property of the claimant, the assessor claimant's original property to the manufactured
shall transfer to the claimant's replacement home of the claimant and his or her pro rata
dwelling only the base year value of the portion of the park. No transfer of base year
claimant's unit or lot and his or her share in any value shall be made by the assessor to that
common area reserved as an appurtenance of portion of land that does not constitute a part of
that unit or lot. If the unit or lot constitutes the the replacement dwelling, as provided in
replacement dwelling of the claimant, the paragraph (3) of subdivision (g).
assessor shall transfer the base year value of the This subdivision shall be subject to the
claimant's original property only to the unit or lirnitations specified in subdivision (d).
lot of the claimant and any share of the claimant W) The property tax relief provided by this
ire any common area reserved as an section shall be available to a claimant who is
appurtenance of that unit or lot. the coowner of the original property, as a joint
Text of Paposed Laws 1 63
T XT OF PROPOSED LAWS PROPOSITION 5 CONTINUED
tenant, a tenant in common, a communib., M (1) A claimant shall not be eligible for the
property owner, or a present beneficiary of a property tax relief provided by this section
trust subject to the following limitations: unless the claimant provides to the assessor, on
(1) If a single replacement dwelling is a form that shall be designed by the State Board
purchased or newly constructed by all of the of Equalization and that the assessor shall make
coowners and each coowner retains an interest available upon request, the following
in the replacement dwelling, the claimant shall information:
be eligible under this section whether or not any (A) The name and social security number of
or all of the remaining coowners would otherwise each claimant and of any spouse of the claimant
be eligible clall-nants. who is a record owner of the replacement
(2) If two or more replacement dwellings are dwelling.
separately purchased or newly constructed by (B) Proof that the claimant or the claimant's
two or more coowners and more than spouse who resided on the original property with
L i i
one coowner would otherwise be an eligible the claimant was, at the time of its sale, at least
claimant, only one coowner shall be eligible 55 years of age, or severely and permanently
under this section. These coowners shall disabled. Proof of severe and permanent
determine by ITILItual agreement which one of disability shall be considered a certification,
them shall be deemed eligible. :signed. by a licensed physician and surgeon of
(3) If two or more replacement dwellings are appropriate specialty, attesting to the claimant's
------------------------------- severely and. perman 'i
------------------------------- separately purchased or newly constructed by ently disabled condiLion. In
two coowners who held the original 1nal property as the absence of available proof that a person is
corilryIlL niLy property, only the coowner who has over 55 years of age, the claimant shall certify
i under penalty of perjury that the age
attained the age of 55 years, or is severely and renUirernent is met. In the case of a severely
permanently disabled, shall be eligible under 11
and permanently disabled claimant either of the
this section. If both spouses are over 55 years
. following shall be submitted:
of age, they shall determine by mutual
agreement which one of thern is eligible. (i) A certification, signed by a licensed
In the case of coowners whose original property physician or surgeon of appropriate specialty
is a multiunit dwelling, the limitations imposed that identifies specific reasons why the disability
b paragraphs (2) and 0(3) shall only apply t necessitates a move to the replacement dwelling
y
and the disability-related requirements,
nit including any loca-.i
coowners who occupied the saryle dwelling u
— ; ionaIrequirements, of a
within the original property at the time specified
in paragraph (2) of subdivision (b). replacement dwelling. The claimant shall I
substantiate that the replacement dwelling
(e) Upon the sale of original property, the meets disability-related requirements so
assessor shall determine a, new base year Value identified and that the primary reason for the
for that property in accordance with subdivision move to the replacement dwelling is to
o satisfy
(a) of Section 2 of Article XI I I A of the California those requirements. If the claimant, or the
Constitution and Section 110.1, whether or not claimant's spouse or guardian, so declares
a replacement dwelling is subsequently under penalty of perjury, it shall be rebLittably
purchased or newly constructed by the former presumed that the primary purpose of the move
owner or owners of the original property. to the replacement dwelling is to satisfy
This section shall not apply unless the transfer identifieG" disability--related requirements.
of the original property is a change in ownership (ii3 The claimant's substantiation that the
that either (1) subjects that property to primary purpose of the move to the replacement
reappraisal at its Current fair market value in dwelling is to alleviate financial bLirdens caLised
accordance with Section 110.1 or 5803 or (2) by the disability. It the claimant, or the
results in a base year value determined in claimant's spouse or guardian, so declares
accordance with this section, Section 69, or under penalty of perjury, it shall be rebuttably
Section 69.3 because the property qualifies presumed that the primary purpose of the move
under this section, Section 69, or Section 69.3 is to alleviate the financial burdens caused by
as a replacement dwelling or property. the disability.
64 Tex of Prnposecd Laws
TEXT OF PROPOSED LAWS PROPOSITION 5 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
k'C) Th i
-.e address anGli, if known, the assessor's Constitution and subdivision M of Section
parcel riLimber of the original property. 11.0.1., determined as of the date 'immediately
prior to the date thatthe original property is
(D) The date of the claimant's sale of the
origin sold by the clairylant, or in the case where the
al property and the date of the claimant's I L has been substantially
purchase or new construction of a replacement original property i
dwelling. damaged or destroyed by misfortune or calamity
and the owner does not rebuild on the original
(E) A statement by the claimant that he or she property, determined as of the date 'immediately
occupied the replacement dwelling as his or her prior to the misfortune or calamity.
principal place of residence on the date of the
If the replacement dwelling is purchased or
filing of his or her claim. newly constructed. after the transfer of the
I
(F) Any clairyl under this section shall be filed original property, "base year value of the original
"thin three years of the date the replacement property" also includes any inflation factor
i
dwelling was purchased or the new construction
adjustments permitted by subdivision (f) of
of the replacement dwelling was completed Section 1.10.1 for the period subsequent to the
subject to subdivision (k) or (m), sale of the original property. The base year or
(2) A claim for transfer of base near value tinder years used to Cor 1pute the "base year value of
this section that is filed after the expiration of the original property" shall be deemed to be the
the filing period set forth in subparagraph of base year or years of any property to which that
paragraph (1) shall be considered by the base year value is transferred pLirsuar— to this
assessor, subject to all of the following section.
conditions: (3) "Replacement dwelling" means a building,
(A) A n y base year value transfer granted structure, or other shelter constituting a place of
pursuant to that claim shall apply commencing abode, whether real property or personal
with the lien date of the assessment near in property, that is owned and occupied by a
Which the claim is filed. J claimant as his or her principal place of
(B) The full cash valve of the replacement residence, and any land owned by the claimant
on which the building, structure, or other shelter
property in the assessment year described in I s situated. For purposes of this paragraph, land
subparagraph (A) shall be the base year value of
constituting a part of a replacement dwelling
the real property in the assessi-Tient year in includes only that area of reasonable size that is
factoredli to the assessment year described in used as a site for a residence, and "land owned
b -the claimant" includes land for which the
subparagraph (A) for both of the following: 11 y I i I
claimant either holds a leasehold interest
0) Inflation as annually determiner--.' in described in subdivision `6 of Section 61 or a
accordance with paragraph (1) of subdivision (a) land purchase con-tract. Each unit of a ITIL11tiunit
of Section 51. dwelling shall be considered a separate
(ii) Any subsequent new construction occurring replacement dwelling. For purposes of this
with respect to the subject real property that paragraph,c,raph, "area of reasonable size that is used
does not qualify for property tax relief pursuant as a site for a residence" includes all land if any
to the criteria set forth in subparagraphs (A) and nonresidential uses of the property are only
(B) of paragraph (4) Of subdivision (h). incidental to the use of the property as a
residential site. For purposes of this paragraph,
(g) For purposes of this section: "land owned by the clairylant" includes an
(1) "Person over the age of 55 years" means ownership interest in a resident ownedk v
any person or the spouse of any person who has mobi liehome park that is assessed pursuant to
attained the age of 55 years or older at the time subdivision (b) of Section 62.1.
of the sale of the original property. (4) "Original property" means a building,
(2) "Base year value of the original property" Structure, or other shelter constituting a place of
means its base year value, as determined in abode, wh'ether real property or personal
i with i
accordance with Section 110.1, wi the property, that :s owned and occupied by a
adjustments permitted by subdivision (b) of claimant as his or her principal place of
Section 2 of Article XIIIA of the California residence, and any land owned by the claimant
Text of L,3 Prom'sed ' :ws 65
1
T XT OF PROPOSED LAWS PROPOSITION 5 CONTINUED
on which the building, SILMC-Lure, or other shelter (7) "Full cash value of the original property"
is situated. For purposes of this paragraph, land means, either:
constituting a part of the original property (A) Its new base year Value, determined in
includes only that area of reasonable size that is accordance with subdivision (e), Without the
used as a site for a residence, and "land owned
by the claimant" includes land for wh:ch the application of subdivision (h) of Section 2 of
I Article XIIIA of the California Constitution, Plus
claimant either holds a leasehold interest ,
the adjustments permitted by subdivision (b) of
described in subdivision (c) of Section 61. or a Section 2 of Article XIIIA and subdivision M of
land purchase contract. Each unit of a multiunit
i 'i Section 110.1 for the period from the date of
dwelling shall be considered a separate original
property. For purposes of this paragraph "area its sale by the claimant to the date on which the
replacement property was purchased or new
of reasonable size that is used as a site fora. completed,
residence" includes all land if any nonresidential construction was comp'et
uses of the property are only incidental to the (B) In the case where the original property has
use of the property as a, residential site. For been substantially damaged or destroyed by
purposes of this paragraph, "land owned by the misfortune or calamity and the owner does not
claimant" includes an ownership interest in a rebuild on the original
inal property, its full cash
resident-owned mobilehome park that is value, as determined :in accordance with
assessed pursuant to subdivision (b) of Section 110, immediately prior to its substantial
Section 62.1. damage or destruction by misfortune or
-------------------------------- i means that flie s determined by the county assessor
(5) "Equal or lesser value" r L calamity, a
a m,ount of the full cash value of a replacement of the county in which the property is located,
dwelling does not exceed one of the following-
i i without the application of subdivision (W of
(A) One hundred percent of the amount of the Section 2 of Article XIIIA of the California
full cash value of the original property if the Constitution, plus the adjL1StMents permit-Led by
original property
Subdivision (b) of Section 2 of Article XIIIA of
replacement dwelling is purchased or newly the California Constitution and subdivision (f) of
constructed prior to the date of the sale of the
original property. Section 110.1, for the period from the date of
its sale by the clairylant to the date on which the
(B) One hundred and five percent of the amount replacement property was purchased or new
i
1 1
of the full cash value of the original property if construction was completed.
the replacement dwelling is purchased or newly (8) "Sale" means any change in ownership of
constructed within the first year followingt h
date of the sale of the original property.. e the original property for consideration,
(C) One hundred and ten percent of the amount (9) "Claimant" ryleans any person claiming the
of the full cash value of the original property if Property tax relief provided by this section. If a
s a record owner of the i person that spouse 0 f
the replacement dwelling is purchased or newly L .
constructed within the second year following the replacement dwelling, the spouse is also a
date D claimant for purposes of determining whether in
41 claimant ate of the sale of the original property. any future claim filed by the spouse under this
For the purposes of this paragraph, except as
otherwise provided i n paragraph } of section the condition
lon of eligibility specified in
paragraph (7) of subdivision (b) has been met.
subdivision (h), if the replacement dwelling is,
in part, purchased and, in part, newly (10) "Property that is eligible for the
constructed, the date the "replacement dwelling homeowners' exemption" includes property that
is purchased or newly constructed" is the date is the principal place of residence of its owner
of purchase or the date of completion of and is entitled to exemption pursuant to
construction, whichever is later. Section 205.5.
(6) `--ull cash value of the replacement (11) "Person" means any individual, but does
dwelling" means its full cash value, determined not 'Include any firm, partnership, association,
in accordance with Section 110.1. as of the corporation, company, or other legal entltv or
date I on which it was purchased or new organization
"on of any kind. "Person" includes an
construction was completed, and after the individual who is the present beneficiary of a
purchase or the completion of new construction. trLlSt.
66 Tex of Prnposedi Laws
TEXT OF PROPOSED LAWS PROPOSITION 5 CONTINUED
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(12) "Severely and permanently disabled" construction if both of the following conditions
means any person described in subdivision (b) of are met:
Section 74.3. (A) The new construction is completed within
(1.3) For the purposes of this section, property two years of the date of the sale of the original
is "substantially damaged or destroyed by property and the owner notifies the assessor in
i i i
misfortune or calamity" if either the land or the writing of completion of the new construction
improvements sustain physical damage within six months after completion.
amounting to more than 50 percent of either (B) The -fair market value of the new
the land's or the improvement's full cash value construction on the date of completion, plus the
immediately prior to the misfortune or calamity. full ll cash value of the replacement dwelling on
Damage includes a diminution in the value of the date of acquisition, is not snore than the full
property as a result of restricted access to the. ash
. Value Of the original property as determined
property where the restricted access was causes: pursuant to paragraph (7) of subdivision (g) for
by the misfortune or calamity and is perrylanent purposes of granting the original claim.
in nature. (i) Any claimant may rescind a clairn for the
(h) (1) Upon the timely -Filing of a, claim property tax relief provided by this section and
described in Subparagraph (F) of paragraph (1) shall not be considered to have received that
of subdivision (f), the assessor shall adjust the relief for purposes of paragraph (7) of
new base year value of the replacement dwelling subdivision (b), and the assessor shall grant the
in conformity with this section. This adjustment rescission, if a written notice of rescission is
shall be rylade as of the latest of the following delivered to the office of the assessor as follows:
dates: (1) A written notice of rescission signed by the
(A) The date the original property is sold. original filing claimant or claimants is delivered
(B) The date the replacement dwelling is to the office of the assessor in which the original
purchased. claim was filed.
'C) Th-.e date the new construction of the (2) (A) Except as otherwise provided in this
i i
replacement dwelling is completed. paragraph, the notice of rescission is delivered
(2) Any taxes that were levied on the to the office of the assessor before the date that
relacernent dwelling prior to +'he filing
Filing of the the county first issues, as a result of relief
p I e granted under this section, a refund check for
claim on the basis of the replacement dwellirioZ:,
s property taxes ,imposed upon the replacement
new base year value, anG111 any allowable annual dwelling. If granting relief will not result in a
adiustrnents thereto, shall be canceled or
I refund of property before paymentaxes, then the notice shall
'he claimant to the extent that the '
refunded to L i be deliverer--' t is first ry agile of any
u taxes exceed the amont that would be clue .1 —
property taxes, or any portion thereof, imposed
when determined on the basis of the adjusted
new base year value. upon the replacement dwelling consistent with
relief granted under this section. If payment of
(3) Notw.thstanding Section 75.10, Chapter the taxes is not made, then notice shall be
3.5 (commencing with Section 75) shall be delivered before the first date that those
utilized for purposes of implementing this property taxes, or any portion thereof, imposed
subdivision, 'including adjustments of the new upon the replacement dwelling, consistent with
- I tl
base year value of replacement dwellings relief granted under this section, are delinquent.
acquired prior to the sale of the original
(B) Notwithstanding any other provision in this
property. division, any time the notice of rescission is
i
i(4) In the case where a claim' under this section delivered to the office of the assessor within
has been timely filed and granted, and new six years after relief was granted, provided that
construction is performed upon the replacement the replacement property has been vacated as
dwelling subsequent to the transfer of base year the claimant's principal place of residence
value, the property tax relief provided by this within 90 days after the original clairn was filed.,
section also shall apply to the replacement regardless of whether the property continues to
dwelling, as improved, an011 thus there shall be receive the homeowners' exemption. If the
no reassessment upon completion of the new rescission increases the base year valve of a
L,:3 Te.xtnfProrY,sed ' ws 67
1
T XT OF PROPOSED LAWS PROPOSITION 5 CONTINUED
property, or the homeowners' exemption has subdivision (a) that establishes an applicable
been incorrectly allowed, appropriate escape date which is more than three years prior to the
assessments or supplemental assessments, date of adoption' of the Ordinance, those
including interest as provided in Section 506, potential claimants who purchased or
shall be imposed. The limitations periods for constructed replacement dwellings more than
any escape assessments or supplemental three years prior to the date of adoption of the
assessments shall not cory1mence until July 1 Of ordinance and who would, therefore, be
the assessment year in which the notice of precluded from filing a timely claim, shall be
rescission is delivered to the office of the deemed to have timely filed a claim if the claim
assessor. is -filed within three years after the date that the
(3) The notice is accompanied by the payment Ordinance is adopted. This paragraph rnay not
of a -fee as the assessor may require, provided be construed as a waiver of any other
that the fee shall not exceed an amount requirement of this section.
reasonably related to the estimated cost of (2) 1 n' the case in which a county assessor
processing a rescission claim, including both corrects a base year value to reflect a pro rata
direct costs and developmental and indirect change in ownership of a resident-owned
Costs, Such as costs for overhead, personnel, mobi lehome park that occurred between
supplies, materials, office space, and January 1, 1989, and January 1, 2002,
computers. pursuant to paragraph (4) of subdivision (b) of
(j) (1) With respect to the transfer of base year Section 62.1, those claimants who purchased
value of original properties to replacement, or, constructed replacement dwellings more than
i i i i dwellings located a t e d M the same county, this three years prior to the correction and who
i i from;
section, except as provided in paragraph (3) or would, therefore, be precluded filing a
1 i,-r..(4), shall apply to any replacement dwelling that timely claim, be deemed to have timely
is purchased or newly constructed or, or after filed a claim if the claim is filed within
November 6, 1986, three years of the date of notice of the correction
(2) With respect to the transfer of base year of the base year value to reflect the pro rata
value of original properties to replacement change in ownership. This paragraph may not be
located in different counties, except construed as a waiver of any other requirement
as provided in paragraph (4), this section shall of this section.
apply to any replacement dwelling that is (3) This subdivision does not apply to a
purchases: or newly constructed on or after the claimant who has transferred his or her
date specified in accordance with subparagraph i i
(E) of paragraph (2) of subdivision (a) in the rep I aceryl en t dwe I I i ng prior to tiling I i ng a c I a i m.
ZD ordinance of the county in which the (4) The property tax relief provided by this
replacement dwelling is located, but shall not section, but filed under this subdivision, shall
apply to any replacement dwelling which was apply prospectively only, commencing with the
purchased or newly constructed Lructed before Hen date of the assessment year in which the
November 9, 1988. claim is filed. There shall be no refund or
cancellation of taxes prior to the date that the
(3) With respect to the transfer of base year claim is filed.
value by a severely and permanently disabled
person, this section shall apply only to No escape assessment may be levied if a
replacement dwellings that are purchased or transfer of base year value Under this section
newly constructed on or after June 6, 1990, has been erroneOLISly granted by the assessor
pursuant to an expired ordinance authorizing
(4) The amendments made to subdivision i i 6
(e) by the act adding paragraph shall apply intercounty transfers of base year value.
(ryl) (1) The amendrylents made to subdivisions
only to replacement dwellings under Section 6
that are acquired or newly constructed on or (b) and (g) of this section by Chapter 613 of the
after October 20, 1.991, and shall apply StatLltes of 2001 shall apply:
cornmencing with the 1991---92 fiscal year. (A) With respect to the transfer of base year
(k) (1) In the case in which a county adopts an value of original properties to replacement
ordinance pursuant to paragraph (2) of dwellings located in the same county, to any
68 1 TexiofPrnPc)se.,d1_.aws
TEXT OF PROPOSED LAWS PROPOSITION 5 CONTINUED
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replacement dwelling that is purchased or newly 55yoars of 4,ce or any severely disabled person,
constructed on or after November 6, 1.986, sultVect to the procedures provided in this
:; ; With respect to the transfer of base year section, shall be transferred to any replacement
value of original properties to replacement dwelling, regardless of the value of the
1 replacement dwelling or whether the
dwellings located in different Counties, to any L the
replacement dwelling that is purchased or newly re.p/acernent dwelling is located within L same
constructed on or after the date specified in County, that is purchased or newly constructed
of by that person as his or her principal residence
accondance with subparagraph (E) within two years of the sale by that person of the
paragraph (2) of subdivision (a) in the ordinance
of the county :in which the replacement dwelling original property, provided that the base year
is located, but not to any replacement dwelling value lue of the original property shall not be
that was purchased or newly constructed before transferred to the replacement dwelling until
November 9, 1988, the original property is sold.
(C) With respect to the transfer of base year (2) For purposes of calculating the base year
value by a severely and permanently disabled
value of a replacement dwelling, the following
shall a
person, to replacement dwellings that. are Ipply:
purchased or newly constructed on or after (A) For, any replacement dwelling of greater
June 6, 1.990, value and purchased or newly constructed by a
(2) The property tax relief provided by this person eligible to transfer the base year value of
i
his or her original property within two years of
section in accordance with this subdivision shall 'the sale of the original prop)erty, the base year
apply prospectively only commencing with the -
lien date of the assessment year in which the value of the replacement dwelling shall be
1 "16, L
claim is filed. There shall be no refund or calculated by v adding the dih -en-e between the
cancellation of taxes prior to the date that the full cash value of the original property
perty and t .e
claim is filed. full cash Vahje of the replacement dwelling to
the base year value of the original property
(n) A claim filed under this section is not a (B) For any replacement dwelling of equal or
public document and is not sublielct to public
inspection, except that a claim shall be available lesser value purchased or newly constructed by
for inspection by the claimant or the claimant's a person eligible to transfer the base year value
spouse, the claimant's or the claimant's of his or her original property within two years of
the sale of the original spouse's legal representative, the trustee of a ginal property,. the base year
vahle oil the reo/acerrient dwelling shall be
trust in which the claimant or the claimant's calculated by dividing the base year value of the
spouse is a present beneficiary, and the executor
or administrator of the. claimant's or the original' property by -the full cash value of -the
claimant's spouse's estate. original property, and multiplying the result by
the full cash value of the replacement dwelling.
ko) The amendments made to this section by
the act. adding this subdivision shall apply (di In addition to meeting the reqtirements of
subdivision;4 GI.VI. .
S10,11 (a), any person entitled to the
commencing with the lien date for the 2012 13
property tax relief provided by this section shall
fiscal year, be eligible for that relief only if the following
(p) This section shall remain in effect only until conditions are met:
January 1, 2019, and as of that date is s ( f
repealed. 0.) The person is at, owner and a resident of the
original property either at the time of its sale, or
SEC. 4. Section 69.5 is added to the Revenue the e time when the original
DT0DertY was
property
and Taxation Code, to read: substantially damaged or destroyed by
69.5. (a) (1/1 Notwithstanding any other law-, misfortune or calamity, or within two years of
pursuant to SLjbdivision (a) of Section 2 of the purchase or new construction of the
Article X//1A of the California Constitution, the replacement dwelling.
base year value of property that is eligible for (2) The original ""property
perty is eligible for the
the horn eownersz' exemption Linder subdivision horn.eoliv,iers' exemntion, as the result of the
(k) of Section 3 of Article X111 of the California person's ownership and Occupation of the
Constitution and Sect-ion 218 of any person over property as his or her principal residence, either
Text of ProrYlsed Liaws 69
T XT OF PROPOSED LAWS PROPOSITION 5 CONTINUED
at the time of its sale, or at the time when the (B) A manufactured home or a manufactured
original property was substantially damaged or home and any /and owned by the person or;
destroyed by misfortune or calamity, or within which the manufactured hon7e is situated. For
two years of the purchase or new construction of purposes of this paragraph, "land owned by the
the replacement dwelfling, person" includes a pro rata interest in a
(3) At the time of the sale of the orig-inal' resident-owned mobilehome park that is
url5uant to subdivision of
property, the person or his or her spouse who assessed P,n
resides with the person is at least 55 years of Section 6-2.1
� I
is severely and permanently disabled. I il If the manufactured home or the
age, or I
(4) At the time of filing for the property tcly manufactured home and the land on which it is
Situated constitutes the persons original
relief provided by subdivision (a), the person i's property, the assessor shall transfer to the
an owner- of a replacement dwelling and person's reD/acernent dwelling either the base
occupies it as his or her principal place of u
residence and. as a result thereof, the property year- value of f the manufactured home or the
I base year value of the manufactured home and
is currently eligible for the horneowners' the land on which it is situated, as appropriate.
exemption or would be eligible for the exemption If the manufactured home' dwelling that-
except that the property is already receiving the constitutes the origina/ property of the pet-son
exemption because of an exemptionincludes filed by the
Previous owner. includes an interest in a resident-owned
mobi/ehome park, the assessor shall transfer to
U The original property of the person ic sold the person's replacerrient dwelling the base year
I I I
by hire or her within two years of the purchase Value of the person's manufactured home and
or new construction of the replacement his or her pro rota portion of the real property of
dwelling. For purposes of this paragraph, the t
P, P, the park. No transfer of base year value shall be
purchase or new construction of the replacement made by the assessor of that-portion of land that
dwelling includes the purchase of that portion does not constitute a part of the original
of land on which the replacement building, property, as provided in paragraph ) of
P, (4
structure, or other shelter constituting a place of Subdivision (g).
abode of the person will be situated and that, (ii) If the manufactured home or the
pursuant to paragraph (3) of subdivision (g), manufactured home and the land on which it is
U
constitutes a part of the replacement dwelling. situated constitutes the claimants replacement
t/c I I he base) (.11" The property tax relief provided by this dwelling, the assessor shall transfer t
section shall be available if the original property year- value of the claimant's original property
I --
or the replacement dwelling, or both, of the either to the manufactured home or the
-person includes, but is not limited to, either of manufactured home and the land on which it is
the following: situated,
'Itiated. as appropriate. If the manufactured
(A) A unit or lot within a cooperative housing home dwelling that constitutes the replacement
1-1
corporation, a communitv apart!,nent prqiect, a dwelling of the c/airriant includes an interest in
condominium project, "or a planned unit a resident-owned mobi/ehome park, the assessor
development. If the unit or lot con shall transfer the base year value of the
the c!a!.mants original property to the manufactured
original propertv of the person, the assessor I
shall transfer to the nerson's replacement home of the claimant and his or her pro rota
the park.� il No transfer of base year
dwelling on/y the base year value of thepersort's portion of
shall be made by the assessor to that
unit or lot and his or her share in any common oortion oil land that does not constitute a part of
area reserved as an appurtenance oil that unit or I
the dwelling, as provided it?replacement
lot. If the unit or lot constitutes the replacement I
dwelling of the person, the assessor shall paragraph (3) Of subdivision (g).
transfer the base year value of the persons (2) This subdivision shall be sult�iect to the
original property Orlly to the unit or lot- of the limitations specified in subdivision (d).
claimant and any share of the person in any (d) The property tax relief provided by this
common area reserved as an appurtenance of section shall be available to a person who is the
that unit or loll coowner of the original propert t
L. y, as a join..
70 Tex of Prnposecd Laws
TEXT OF PROPOSED LAWS PROPOSITION 5 CONTINUED
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tenant, a tenant In common, a community this section, Section 69, or Section 69.3
property owner; or a present beneficiary of a because the property qualifies under this
I Y
trust subject to the following limitations: section, Section 69. or Section 69.3 as a
(1) If a single replacement dwelling is replacement dwelling or proper.61".
purchased or newly constructed by all of the ( "1 ) A person entitled the property tax relief
I kf) ( /
coowners and each coowner retains an interest provided by this section shall provide to the
in the reDlacei-rient dwelling, the person filing assessor, on a form that shall be designed by
for the transfer of base year value shall be the State Board of Equalization and that the
eligible under- this section whether or not an'v or assessor shall make available upon purchase of
all of the remaining coowners would otherwise the replacement dwelling at the tirne in which
be eligible. the replacement dwelling would ordinarily be
(2) If two or more replacement dwellings are sult�iect to reappraisal at its current fair market
separately put-chased or newly constructed by value, the following information;:
two or :more coowners and more than (A) The name and social security number of
one coowner would otherwise be eligible to each person who resides at the property and
transfer e L -r base year value pursuant to this section, who is eligibi for the homeowners exemption.
all coowners shall have the base year value of B
( ) Proof that the person or his or her spouse
the original property transferred to any ,
I who resided on the original property with the
replacement dwelling in proportion to their person was, at the time of its sale, at least
ownership interest- in the original property. 55 years of age, or severely and permanently
(3) If two or more replacement dwellings are disabled.. Proof of severe- and pertnanent
separately purchased or newly constructed by disability shall
hall be considered a certification,
two coowners who held the original property by
y as signed a licensed physician and surgeon of
community property, only the coowner who has appropriate specia/tY, attesting to the claimants
attained 5-,5 years of age, or is severely and severely and permanently disabled condition. In
permanently disabled, shall be eligible under the absence of available proof that a person is
this section. If both spouses are over 55 years over 55 years of age, the person shall certify
of age, the base year value of the original under penalty of perjury that the age
property shall be transferred to any replacement requirement is met. In the case of a severely
dwelling in proportion to -their ownership Interest and permanently disabled person either of the
in the original property following shall be submitted:
(4) In the case of coowners -whose original (I) A certification, signed by a licensed
property is a multiunit dvvolling the hirnitations physician or surgeon of appropriate specialty
imposed by paragraphs (P) and (3) shall only that identifies specific reasons �vhy the disability
apply to coowners who occupied the same necessitates a rriove to the replacement dwelling
dwelling unit within the original property at the and the disability--related requirements.,
time specified in paragraph (2) of including any 10catiOnal I requirements,
rements, of a
subdivision (b). replace.ment dwelling. The person shall
(e), Upon the sale or originalI property, the substantiate that the replacement dwelling
assessor shall determine a new base vear value ineets disability-related requirements so
for that property in accordance with subdivision
i identified and that the primary reason for the
vision
(a) of Section 2 of Article X111A of the California move to the replacement dwelling is to satisfy
Constitution and Section ZI O.1, whether or not those requirements. If the person, or his or her
a replacement dwelling is subsequently Spouse or-guardian, so declares under penalty of
,rr, -shall be rebuttab/y presumed that the
purchased or newly constructed by the to- 'er perjury, it L L
owner or owners of, the original property. This forfinaty purpose of the move to the replacement
section shall not apply unless the transfer of the dwelling is to satisfy identified disability--related
Original property is a change in ownership that requirements.
eit The persons substantiation that the primary
her N. sult�iects that property to rea prahsal (i,
,pi - Lt
at its Current fair market value in accordance purpose of the move to the reP/acernen t dwelling-
with Section 110.1 or 5803 or (2) results in a is to alleviate financial burdens caused by the
base determined disability
year value determined in accordance with disability If the person, or his or her spouse or
Text of ProrYlsed Liaws 71
T XT OF PROPOSED LAWS PROPOSITION 5 CONTINUED
guardian, so declares under penalty of perjury, it (b) of Section 2 of Article X111A of the California
shall be rebuttably presirned that the prirriary Constitution and subdivision (f) of Section,
purpose of the move Is to alleviate the financial 110.1, determined as of the date in-imediately
burdens caused by the disability prior to the date that the ot-igina.I property is
1C) ;he address and., If known, the assessor' 1 1s sold bar the claimant, or in the case where the
k
-parcel number of the original property. original riginal property has been substantially
damaged or destroyed by misfortune or calamity
(D) The date of the sale
le of the person's origfnal and the owner does not rebu,i'id on the original
property and the date of the purchase or new property, determined as of the date immediately
construction of a replacement dwelling. prior to the misfortune or calarnity.
(E) A statement by the person that he or she ,
Occupied the reD/acerrie,it dwelling as his or her ,B) If the replacement dwelling is purchased or
new/v constructed after- the transfer of the
principal place of residence on the date of the original property, "base year value of the original I ;inal
filing of t,is or her claim. property" also includes any inflation fa.-tor
(2) The form required by this subdivision shall adjustments permitted by subdivision (f) of
be filed within three years of the date the Sect-ion -110.1 for the period subsequent tothe
replacement dwelling was purchased or the new sale of the original property, The base year or
construction of the replacement dwelling was .years used to compute the "base year value of
completed. Any form filed after the expiration of the original property"shall be deemed to be the
the filing period set forth in this paragraph
ph shall base year or years of any property to which that
be considered by the assessor subject to all of base year value Is transferred pursuant to this
the following conditions: section.
(A) Any base year value transfer granted (3) "Rep/acerrient dwelling" means a b-161ding,
pursuant to that filing shall apply
ply commencing structure-, or other shelter constituting place of
vvith the lien date of the assessment s 17
year in, abode, whether real property y or per-o al
which the form, is filed. property, that is owned and 0CC,1 ,Died by a
person as his or her principal place of residence
(B) The full cash value of the replacement
property in the assessment year described I I n and any land owned by the person on which the
subparagraph (A) shall be the "base year value of hLidding, structure, or other shelter is situated.
the real property in the assessment year in For purposes oil this paragraph, land constituti,ig
which the base year value was transferred, that
part of a replacement dwelling includes only
thfat area of reasonable size that is used as a
factored to the assessment year described In site for a residence. and "land owned by the
subparagraph ( ) for both of the following:
person" includes land for which the person
(I) I,i fla t I o n as annually determined I.n either holds a leasehold interest described in
accordance with paragraph (1) of subdivision (a) subdivision (c) of Section 61 or a land purchase
of Section 51. contract. Each unit of a [r?Ultiunit dwelling shall
(ii) Any subsequent new construction occurring be considered a separate replacement dwolling.
with respect to the subject real property that For purposes of this paragraph, "area of
does not qualify for property tax relief pursuant reasonable size that is used as a site for a
to the criteria set forth in paragraph (41" of residence" includes all land if any,ionresidential
subdivisio,i (h). uses of the property are only Incidental to the
use of the property as a residential' site. For
(g) For purposes of this section, the following purposes of this paragraph, "land owned by the
definitions shall apply:
person" includes
an ownership interest in a
(1) "Person over 55 years of age" means any resident-owned mobilehome park that is
person or the spouse of any person who has assessed pursuant to subdivision (b) of
attained 55 years of age or older at the time of Section 62.1.
the sale of the original property (4) "Original property" means a building,
(2) (A) "Base year value of the original structure, or other shelter COnStitLiting a place of
property" means its base year value, as abode, whether real property or personal
determined in accordance with Section 110.1, property, that is owned and occupied by a
with the ai�iustmenfs permitted by SLjbdivision person as
his or tier principal dace of residence,
72 1 Tex of Proposed Laws
TEXT OF PROPOSED LAWS PROPOSITION 5 CONTINUED
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and any land owned by the person on which the Section I J1 O 1, for the period from the date of
building,
;, structure, or other shelter is situated. its sale by the person to the date on which -the
For purposes of this paragraph, land constituting
ing replacement property
perty was purchased or new
a part of the oripinal property includes only that construction wasCOM,Dleted.
area of reasonable size that is used as a site for (7) "Sale" means any change in ownership of
a residence, and '`land owned 4y the person" the original property for consideration.
Includes land for which the person either holds
a leasehold interest described in subdivision (c) (8) *"Person" means any individual, but not any
of Section 61 or a land purchase contract. Each firm, partnership, association, corporation,
unfit of a !,nulthinit dwelling shall be considered coinpany, or other legal entity or organization of
a separate original property. For purposes of this any kind, who files for the property tax relief
paragraph, "area of reasonable size that is used provided by this section. "Person" includes at?
as a site to,-a residence" J ncludes all land if anv individual Who is the present berieficiary of a
nonresidential uses of the property are, only trust.
incidental to the use of the property as a (9) "Property
T)erty that is eligible for the
residential site. For purposes of this paragraph, homeowners' exemptio,'I" includes property that
"land owned by the person" includes an is the principal place of residence of its owner
ownership interest in a resident.-owned and is entitled to exemption pursuant to
i-nobilehome park that is assessed pursuant to Section 205.5.
subdivision (b) of Section 62.1. (10) Property is "substantially damaged or
(5) "Full cash value of the replacement dO-.stro -d b misfortune- Yo Y Lune or .-alamity" if either
dwelling" means its full cash value, deterinined the /and or the improvements sustain physical
in accordance with Section I-10-1, as of the damage amounting
ing to more than 50 percent of
date on which it was purchased or new either the 13, nd's or the improvement's full cast?
construction was completed, and after the value immediately prior to the misfortune or
put-chase or the completion of new construction. calamity. Damage includes a diminution in the
(6) "Full cash value of the original property" value Of Property as a result of restricted access
means, either: to the property where the restricted access was
(A) Its new base year value, determined in Caused by the misfortune or calamity and is
accordance with subdivision (o), without the permanent in nature.
application of subdivision (h) of Section 2 of (h) (1) Upon the timely filing of a form., as
Article X111A of the California Constitution., plus described in subdivision (Q. the assessor shall
the adiustments permitted by subdivision (b) of adiust the new base year value of the
Section 2 of Article X11/A and subdivision (0 of replacement dwelling in conformity with this
Section 110.1 for the period from the date of section. This ao�iustment shall be made as of
its sale by the person to the date on which the the latest of the following dates:
replacement property was purchased or new (A) The date the original property is sold.
construction was completed.
B) i I n the case where the original roper (B) The date the rep/acenient dwelling is
( E y has purchased.
been substantially damaged or destroyed by
11,C) t he date the new construction of the
misfortune or calamity and the owner does not dwell-'
rebuild on the original property, its full cash replaceme Lnt if)gis completed.
Value, as determined in accordance with Section (P) An'V taxes that were, levied on the
110, immediately prior to Its substantial replacement dwelling prior to the filing for the
damage or destruction by misfortune or property tax relief provided by this section on
calamity as determined by the county assessor the basis of the replacement dwelling's new
of the county In which the property is located, base year value, and any allowable annual
without the aD " j
, phcation of subdivision (h" of adjustn)ents to that new base year value, shall
Section 2 of Article X111A of the California be canceled or refunded to the person to the
Constitution, plus the adjustments permitted by extent that the taxes exceed the amount that
subdivision k1b) of Section 2 of Article X11111A of would be due when determined on the basis of
the California Constitution and subdivision (f) of the ac:�iusted new base year value.
Text of L,:3 Prom'sed ' ws 73
1
T XT OF PROPOSED LAWS PROPOSITION 5 CONTINUED
k01 Notwithstanding Section 75.10, ("hapter PROPOSITION 6
3.5 (commencing with Section 751) shall be
utilized for purposes of implerrienting this This initiative measure is subrni"ed to the
subdivision, including adjustments of the new people in accordance with the provisions of
Section 8 of Article 11 of the California
base year value of replacement dwellings Constitution.
acquired Prior to the sale of the original
property. This initiative measure adds a section to the
(4) In the case where a f6rrn under th,,s section California Constitution; therefore, new provisions
proposed to be added are printed in italic type
has been timely filed, and new constructionIs to indicate that they are new.
performed upon the replacement dwelling
subsequent to the transfer of base year value.I PROPOSED LAW
the property tax relief provided by this section
also shall apply to the replacement dwe.11ing as SECTION 1. Statement of icindinotls and
improved, and thus there shall be no Purposes.
reassessment upon completion of the new (a) California's taxes on gasoline and car
construction if the new construction is ownership are among the highest 1 n the nation,
completed within two years of the date of the i
(b) These taxes have been raised w:thout the
sale of the original property and the owner consent of the people.
notifies
ifies the assessor in writing of completion of (c) Therefore. the people hereby amend the
the new construction within six months after Constitution I to require voter approval of the
completion.
recent increase in the gas and car tax enacted
(f) With respect to the transfer of the base year by Chapter 5 of the Statutes of 2017 and any
value
We of original properties to replacement future increases in the gas and car tax.
dwellings, this sect-ion shall apply to any
SEC, 2. Voter Approval for Increases in Gas
re,Dlacerrient dwelling that is ,purchased or newly and Car Tax.
constructed oil or-after January 1, 20.1.9. SEC. 2.1. Section 3.5 is added to Article
tj) A form filed under this section is not a public XI I I A of the California Constitution. to read:
document and is not subject to public S,-c. 3.5. (a) Not with stan ding I any o th er
inspection, except that the form shall be provision of law, the Legislature shall not
available for inspection by the person or his or .
anpose, -0crease or extend any tax, as defined
her spouse, the person's or his or her spouses
P, storage, use, or in Section 3! on the sale, stora, I
legal representative, the -trustee of' a trust- i n consum-ption of motor vehicle gasoline or diesel
which
ich the person or his or her spouse is a fuel, or on the privilege of a resident of
Present beneficiaty, and the executor or California to operate on the public highways a
admimstrator of the person's or his or her vehicle or trailer coach, unless and until that
spouses estate. proposed tax is submitted to the electorate and
(k) This section
ion shall become operative on approved 4y a majority vote.
January 1, 2019.
,b) This section does not appi'V to taxes on
SEC. 5. The statutory provisions of this motor vehicle gasoline or diesel fuel, or or; the
measure may be amended by a two-thirds vote privilege of operating a vehicle or trader coach
of the members of each house of the Legislature at the rates that were in effect on January 1,
and signed by the Governor so long as the 2017. Any increase in the rate of such taxes
amendments are consistent with and further the imposed after- January 1, 2017, shall cease to
intent of this act. be imposed unless and until approved by the
SEC. 6. The provisions of this act are electorate as required by this section.
severable. If any provision of this act or its
application is held invalid, that invalidity shall PROPOSITION 7
riot affect other provisions or applications that This law proposed by assembly Bill 807 of the
can be given effect without the invalid provision 2017---2018 Regular Session (Chapter 60,
or application. Statutes of 2018) is submitted to the people in
74 Tex iofPrnPc)se.,d1_.aws
TEXT OF PROPOSED LAWS PROPOSITION 7 CONTINUED
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i.11' t., J1 by Aet of accor ance with Section 10 of Article 11 of the now known, described and designa ed
California Constitution. Gongres-9 as "Hnited States Standard Paeifie
This proposed law adds a section to the Tinge."
Government Code and repeals sections of the SEC. 5. Section 3 of the Daylight Saving Time
Daylight Saving Time Act; therefore, provisions Act is repealed,
proposed to be deleted are printed in strikeout &ej a:-------Frorf i-----I----o2iaioe-k----af At-nl-ef tdtart---on---t4te
type and new provisions to be added are printed last Sunday of April, until 2 a 'cleek,
in italic tyre to indicate that they are new.
ant-Lengefidian 019 tlie last supday of Getabef the
standard time in this State so established shall
PROPOSED LAW -tie---afire---11 ftf----rfl----a4v;affee---of---tlie----staft'd-af d----t4ffte
now known as United States Standafd Pae:
SECTION 1. If federal law authorizes the state
to provide for the year-round application of til�ie-
i i
daylight saving time and the Legislature SEC. 6, Section 4 of the Daylight Saving Time
considers the adoption of L this application, t i is Act is repealed,
the intent of this act to encourage the Seetion 4. 1 Ii all laws, statutes, ore.ers ll-
t. �gL tt l
;-aons----f e-L-A4 Ig---to----4-e
Legislature to consider the potential impacts of 4eere&s f u4es----aft'd----rt +
year-round daylight saving time on communities til pie of I perforrnamee of any aet. by any offieer or
along the border between California and other -jelpartment Of this State, or of any eatinty, eity
Y
states and between California and Mexico. af eattfity 44Y t tf t----&r----4i-strj-et----t4i-ef-eof----Of
SEC. 2. Section 0808 is added to the relating to the tirgie in whieh any fights sliall
Government Code, to read: aeertie or de-ermine, or within whieh any a
6808. (al. The standard time within the state is shall or shall not be perforrned by any person
srub4&---to---tlie---juiftsdiettaft---of---tli-e----st-ate----- ifl.
that oil the fifth zone designated by federal law H a a; a
P bl'e seho Is and in 11 thef as Pacific standard time 05 U.S.C. Secs. 26.1 instittitions of this State, or of arly county,
and 263.1. anid
(b) The standard time within the state shall all eantracts or ehoses in aetions made or to be
advance by one hour during the daylightswing
perfam9ed in this Etate, the time shall be as set
time -period commencing at 2 a.m. on the forth in this aet and it shall be, so understood
second Sunday of !'March of each year and qe-rtrje(j,
ending at 2 a.m. on the first Sunda
.Y of SEC. 7, Section 5 of the Daylight Saving Time
November of each year. Act is repealed.
(c) Notwithstanding subdivision (b), the SEGTIGN S. All aets in con-Hiet herewith ar-e
Legislature may amend this section by a hereby repe
tvvo-thirds vote to change the dates and times of
the daylight saving time period, consistent with'b PROPOSITI
w ON 8
federal law, and, if federal la authorizes the
state to provide for the year-round application of This initiative measure is submitted to the
daylight saving time, the Legislature may amend people in accordance with the provisions of
this section by a two-thirds vote to provide for Section 8 of Article 11 of the California
that application. Constitution.
SEC, 3. Section I of the Daylight Saving Time This initiative measure adds sections to the
Act is repealed. H ea I t h and Safety Code; therefore, new
vi
-Setat:-off----I-----------T-t-,!t-Q;7---aet---S-Ii-al4---be---known---and--n-ay provisions proposed to be added are printed in
be eited as the Daylight Saving Tinge Aet, J.talic type to indicate that they are new.
SEC. 4. Section 2 of the Daylight Saving Time
Act is repealed. PROPOSED LAW
Seetion 2. The standard tirgie within the State, SECTION 1. Name.
exeept as hereinafter provided, is that of the This act shall be known as the "Fair Pricing for
Gne Hundred and Twentieth (129th) degree of Dialysis Act."
langittide west frorn. Greenwieh anid whiieh �-5 SEC. 2, Findings and Purposes.
Text nfPrerY,sed ' :ws 75
1 L,3
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TEXT OF PROPOSED LAWS PROPOSITION 8 CONTINUED
This act, adopted by the people of the State of (2) This act is 'intended to be budget neutral for
1 i
California, makes the following findings and has the state to implement and administer.
the following purposes: SEC. 3, Section 1226.7 is added to the
(a) The people make the following findings: Health and Safety Code, to read:
(1) Kidney dialysis is a process where blood is 12267. (a) Reasonable limits on charges to,-
cleaned of waste and excess water, usually patient care- by chronic dialysis clinics; rebates
through a rylachine outside the patient's body, of amounts charged in excess of fair treatment
and then returned to the patient. If someone payment amount.who needs dialysis cannot obtain or afford high (1) For purposes of this section, the "fair
quality care, toxins build up in the body, leading treatment payment amount" shall be an amount
to death. equal to 115 percent of the Surn of all direct
(2) In California, at least 66,000 Californians patient care services costs and all health care
undergo dialysis treatment. quality improvement costs incurred by a
(3) .dust two multinational, for-profit governing entity and its chronic dialysis clinics.
corporations operate or manage nearly three- (2) For each fiscal year starting on or after
quarters of dialysis clinics in California and treat January 1, 2019, a governing entity or its
almost 70 percent of dialysis patients in chronic dialysis clinics shall annually issue
California. These two multinational corporations rebates to payers as follows,
annually earn billions of dollars from their (A) The governing entity shall calculate the
dialysis opera-Lions, including almost "unfair excess charged amount," which shall be
$400 million each vear in California alone.
the amount, if any, by which treatment revenue
(4) Because federal law mandates that private from treatments provided bar all of the governing
health insurance companies offer and pay for entity's chronic dialysis clinics exceeds the fair
dialysis, private insurance companies have little treatment payment arnOLjot.
ability to bargain with the two multinational (B) The governing entity or its chronic dialysis
dialysis corporations on behalf of their clinics shall, or? a pro rata basis based on the
customers. amounts paid and reasonably estimated to be
(5) Thus, for-pro-fit dialysis corporations charge paid., as those amounts are, included in
patients with private health insurance four times treatment revenue. issue rebates to payers
as much as they charge Medicare for the very (other than Medicare or other federal, state,
? county, city, or local government payers) in
sarne dia1vsis treatmen., resulting in vast pro-Fits.
amounts that total the unfair excess charged
(6) In a market dominated by lust two amount.
multinational corporations, Cali
ifornia rn u st C)
ensure that dialysis is -fairly priced and The governing entity or chronic dialysis
affordable. clinic shall issue any rebates required by this
(7) Other states have taken steps to protect section no less than 90 days and no more than
210 days after the
lie end of its fiscal year to which
these very vulnerable patients fror 1 these two ..he rebate relates.
I M , t
multinational corporations. /f, in any fiscal year, the rebate the
(8) Efforts to enact protections for kidney D)dialysis patients in California have been stymied governing entity or chronic dialysis clinic must
issue to a sina/e payer is less than twenty dollars
L
in Sacramento by the dialysis corporations, ($20), the governing entity or chronic dialysis
which spent over $600,000 in just the first '
clinic shall not issue that rebate and shall
six months of 2017 to influence the California
provide to other payers in accordance with
Legislature. subparagraphLh
(B) the total amount of rebates
(b) Purposes: not- issued pursuant to this subparagraph.
(1) It is the purpose of this act to ensure ( For each fiscal year starting on or L ,E) after
outpatient kidney dialysis clinics provide quality Januaty .1, 2020, any rebate, issued to a pqyer
and affordable patient care to people suffering shall be issued together with interest thereon at
from end stage renal disease. the rate of interest specified in -subdivision (b)
76 Tex of Prnposedi Laws
TEXT OF PROPOSED LAWS PROPOSITION 8 CONTINUED
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L,i
of Section 3289 of the "Wil Code, which shall sha/i be replaced by the lowest possible whole
accrue fron-7 the date of payment by the payer. number such that application of the provision to
the governing entity or chronic dialysis clinic
`3, fig I
( I For each fiscal year starting on or after I brie process or effect taki a ng of
January 1, 2019, a governing- entity shall' I""i/I not violate d
maintain and provide to the department, on
private property requiring just compensation. In
a rn.
form and schedule prescribed by the any civil action, the burden shall be on the
department, a report of all rebates issued under
governing
rig entity or chronic dialysis clinic to
paragraph t I I I propose a replacement number and to prove
P), 'nclud'ng a description of each
instance during the period covered by the that replacing "115" with any whole number
submission when the rebate required tinder lower than the proposed replacement number
Paragraph (Z) was not timely issued in full, and would, for the fiscal year in question, violate
the reasons and circumstances therefor, The due process or effect a taking-of private property
chief executive officer or principal officer of the requiring.juSt compensation.
governing entity shall certify under penalty of (b) Compliance reporting by chronic dialysis
Pe,ribty that he or she is satisfied, after- review, clinics.
that all information submitted to the department (1) For each fiscal year starting on or after
under this paragraph is accurate and complete. January .1, 2019, a governing entity shall
(4) In the event a governing
ng entity or its chronic maintain and submit to the department a report
dialysis clinic is required to issue a rebate under concerning all of the following information for
this section, no later than 210 days after the all of the chronic dialysis clinics the governing
end of its fiscal vear the governing entity shall entity owns or operates in California:
pay a penalty to the department In an amount (A) The number of treatments performed.
equal to 5 percent of the unfair excess charged (B) Direct patient care services costs.
amount, provided that the penalty shall not
exceed one hundred thousand dollars (C) Health care quality improvement costs.
($100,000). Penalties collected pursuant to (D) Treatment revenue, including the difference
this paragraph shah be used by the department between ai-nounts billed but not yet paid and
to implement and enforce laws governing estirna ted realizable revenue.
chronic dial is /in yS c It's.
E) The fair treattrient.payment amount.
(5, If a chronic dialysis clinic or governing 617) The unfair excess charged amount.
entity disputes a deterinination by the
department to assess a penalty pursuant to this (G) The amount, if any of each payer's rebate,
P, f t " I y individual patient shall be
subdivision or subdivision V, or the amount of provided that an 1 1.
an administrative penally, the chronic dialysis identified
dentified using- only a unique identifier that
clinic or governing entity may, within does not reveal the patient's name or identity.
10 working days, request a hearing pursuant to (H) A list of Payers to whom no rebate was
Section 131071. A chronic dialysis clinic or issued pursuant to subparagraph (D) of
ao vern i entity shall pay all administrative paragraph 0 of s bdivi, ion a) a d the amount
.rig P, ? ti S t 17
penalties when all appeals have been exhausted not issued, provided that any individual patient
and the department's Position has been upheld. shall be identified using only a unique identifier
(6) If a governing entity
ity or chronic dialysis that does riot reveal the patient's name or
clinic proves in any Court action that application identity,
of ,his section to the chronic dialysis clinic or (2) The information required to be maintained
governing entity will, in any particular fiscal and the report required to be submitted by this
year, violate due process or effect a taking of subdivision shall each be independently audited
Private Property requiring j.ist compensation by a certified public accountant in accordance
under the Constitution of this state or the with the standards of the Aud'iting Standards
Con Stitt.,t ion of the United States, the provision
si on Board of the American Institute of Certified
at issue shall apply to the governing entity or Pulblic Accountants and shall include the
chronic dialysis clinic, except that as to the opinion
pinion of that certified public accountant as to
fiscal year in question the number "'115" whether the inforination contained in the report
whenever it appears in the provision at issue fully and accurately describes, in accordance
L,:3 Te.xtnfProrY,sed ' ws 77
1
T XT OF PROPOSED LAWS PROPOSITION 8 CONTINUED
with generally,i accepted accounting principles in unaffiliated third party, including but not limited
.Y
the United States, the information required to to a governing entil, an independent staffing
Y,
be reported under paragraph (1). agency,. a physician group, or a Joint venture
(3) The governing entity shall annually submit between.a chronic dialysis clinic and a physician
"i, staff training and develof')ment; (iii)
the report required by this subdivision to the, group;
department on a schedule, in a fortriat, and on a pharmaceuticals and medical supplies; (iv)
form proscribed by the department, provided facility costs, including rent, maintenance, arid
that the governing entity shall submit the Ut-flities; (v) laboratory testing; and (vi)
depreciation and amortization of buildings,information no later than 210 days after the end
id improvements, patient supplies,
of its fiscal' year. The chief executive officer or leaseho
other principal officer of the governing entity equipment, and information systems. For
purposes of this section, "nonmanagerl.a it
shall certify under penalty of periury that he or
chronic dialysis clinic staff" includes old Clinic
she is satisfied, after review, that the report - - U a It I
who furnish direct care to dialysis
submitted to the department under paragraph patients, including nurses, technicians and
(1) is accurate and complete. trainees, social workers, registered dietitians,
(4) In the event the departi-rient determines that and norimanag;erial administrative staff, but
a chronic dialysis clinic or governing entity excludes managerial staff such as facility
failed to maintain the information or timely administrators. Categories of direct patient care
submit a report required under paragraph (1) of services costs may be further prescribed by the
this subdivision or paragraph (3) depat
of subdivision Invent through regulation.
(a), that the arriounts or percentages reported by
the chronic dial is clinic or governing
ng en';, "Governing entity" means a -person, firm,
Ys '"y association, partnership, corporation, or other
under paragraph (1) of this subdivision were entity that owns or operates a chronic dialysis
.inaccurate or incomplete, or that any failure by - u
a chronic dialysis clinic or governing entity t.o chnic for which a license has been issued
without respect to whether the person or entity
timely issue in full a rebate required by itself directly-ectly holds that license.
subdivision (a) was riot svbstantialdy Justified,
the department shall assess a penalty against
ineans costs, other than direct patient care
the chronic dialysis clinic or governing; enti Y
not to exceed one hundred thousand dollars -cervices costs, that are related to the provision
of care to chronic dial is patients and that are
($100,000). The department shal'! determine ' ys Lf
the amount of the penalty based or; the severity actually expended for goods or services in
l I California that are required to maintain, access,
of the Violation, the materia)'ity of the inaccuracy or exchange electronic health information, to
or omitted information, and the strength of t I he Support health information technologies, to train
ex-planation,- if any, for the violation. Penalties iamsis clin"
noorrianagerial chronic d' tic staff
collected pursuant to this paragraph shall he
used by the department to implement and r
engaged in direct patient care, and to provide
enforce laws governing chronic dialysis clinics. patient.-centered education and counseling.
Additional costs may be identified by the
1-1 section;
Definitions. 1 u ns, For purposes of this 1 department
Dartment through regulation, provided that
(1) "Direct patient care services costs" means Such costs are actually spent on services offered
those costs directly associated with operating a at the chronic dialysis Clinic to chronic dialysis
chronic dialysis clinic in California and providing patients and are spent on activities that are
care- to patients in California. Direct patient carp designeu, to improve health Qua/itv and to
services costs shall include, regardless of the increase the likelihood of desired health
location where each patient undergoes dialysis, outcomes in ways that are,6i! Capable
pucinable of being
' l -1 of producing verifiable
only salaries, wages, and benefits of obJectively measured an,,
nonmanagerial chronic dialysis clinic staff, results and achievements.
including aid, clinic personnel who furnish direct (4) "Payer" means the person or persons who
care to dialysis patients, regardless of whether paid or are financially responsible for payments
the salaries, wages, or benefits are paid directly for a treatment provided to a particular patient
by the chronic dialysis clinic or indirectly and may include the patient or other individuals,
through an arrangement with an affiliated or primary insurers, secondary insurers, and other
78 TemofPrnPc)se.,d1_.aws
TEXT OF PROPOSED LAWS PROPOSITION 8 CONTINUED
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entities, including Medicare and any other SEC. C. Nothing in this act is intended to
federal, state, county, c ity, or other local affect health facilities licensed pursuant to
g a overni-nent payer. subdivision (a), (b), or (f) of Section 1250 of
(5) "Treatf-lient" means each instance when the the Health and Safety Code.
chronic dialysis clinic provides services to a SEC, 7. The State Department of Public
patient. Health shall issue regulations necessary to
(6) "Treatment revenue" for a particular fiscal Implement this act no later than 180 days
year means 311 amounts Wt-113, 11Y received and following its effective date.
estimated reah;7ab/e revenue for treatments SEC, 8. Pursuant to subdivision (c) of section
provided in that fiscal
I year. Estimated realizable 10 of Article 11 of the California Constitution,
revenue shall be calculated in accordance with this act may be amended either by a subsequent
generall
y accepted accounti principles and measure submitted to a vote of the people at a
shall be a reasonable estimate based on W statewide election, or by a statute validly passed
contractual terims for patients covered under by the Legislature and signed by the Governor,
commercial healthcare plans with which the but only to further the purposes of the act.
governing entity or clinics have formal
i SEC, 9. The provisions of this act are
agreements; ;11 i) revenue from Medicare, severable. If any provision of this act or its
Medicaid, and Medi-Cal based on rates set by application is held invalid, that invalidity shall
statute or regulation and estimates of amounts not affect other provisions or applications that
ultimately collectible from government payers, an be given effect without the invalid provision
commercial healthcare plan secondary coverage, or application.
patients, and other payers; and (iii) historical
collection experience.
ence. PROPOSITION 10
SEC. 4. Section 1226.8 is added to the
Health and Safety Code, to read: This initiative measure is submitted to the
1226.8. (a) A chronic dialysis clinic shall not people in accordance with the provisions of
Section 8 of Article 11 of the California
discriminate with respect
pect to offering or providing, Constiti-ition.
care, and shall not refuse to offer or provide care, to patients on the basis of theThis initiative measure repeals and adds payer for s
treatment provided to a patient, including but sections to the Civil Code: therefore, existing
not limited to on the basis that the payer is a provisions proposed to be deleted are printed in
stftk-eftA---type and new provisions proposed to
patient, private payer or insurer, Redd-Cal, be added are printed in italic type to indicate
Medicaid, or Medicare, that they are new.
(b) A chronic dialvsis chnic shall not terminate,
abridge, modify, or fail to perform under any PROPOSED LAW
agreerrient to provide services to patients
covered by Medi-Cal, Medicaid➢ or Medicare on The Affordable Housing Act
the basis of requirements imposed by this The people of the State of California do hereby
chapter-. ordain as follows:
SEC, 5. Section 1266.3 is adde0l to the SECTION 1. Title.
Health and Safety Code, to read: This act shall be known, and may be cited, as
1266.3. It is the intent of the people that the "Affordable Housing Act."
California taxpayers not be financially SEC, 2. Findings and Declarations.
responsible for implementation and enforcement
of the Fair Pricing for Dialysis Act. In order to The people of the State of California hereby find
effectuate that intent, when calculating, and declare all of the following:
assessing-, and collecting fees imposed on (a) Rents for housing have skyrocketed in recent
chronic dialys,,s clinics pursuant to Section years. Median rents are higher California
n than
i I
1266, the department shall' take into acCOLint any other state in the country, and among all
all costs associated with implementing and 50 states, California has the fourth highest
enforcing sections 1,212-.7 and 1226.8. increase in rents.
Text of ProrYlsed Liaws 79
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TEXT OF PROPOSED LAWS PROPOSITION 10 CONTINUED
(b) Research by Apartment List 'indicates that 0) The federal Centers for Disease Control and
the median rent for a one-bedroom apartment in Prevention warn that vulnerable populations
California is $1,410, an increase of 4.5% in face lower life expectancy, higher cancer rates,
just one year. A one-bedroom apartment in and more birth defects when their homes are
Los Angeles costs $1,350 per month. In displaced due to the gentrification of their
San Francisco, it costs $2,450. In San Diego, neighborhoods.
the cost is $1,560. W The increased cost of housing is worsening
(c) The federal government has concluded that traffic congestion and harming the environment
rent is not affordable if renters spend more than by forcing commuters to live farther away from
30% of their income on housing costs. The their places of employment anG111 increasing
i i State of California has found that more than commute times. A report by the Pew Charitable
half of California renter households (3 million) Trusts noted that the nUm i
of Californians
pay more than 30% and one-third of renter who Corrirnute ry ore than 90 minutes each way
households (over 1.5 million) pay more than increased by 40% between 2010 and 2015;
50% of their income toward rent. the increase is a direct result of the dearth of
(d) According to the National Low Income affordable housing near lobs.
Housing Coalition, a Californian' earning (1) A major factor in California's housing crisis is
minimum wage would have to work 92 hours per a 20-year-old law known as the Costa-Hawkins
week in order to afford to rent an average on(--- Rental Housing Act (Costa-Hawkins},
bedroom apartment. Costa-Hawkins gives permission to 'landlords of
(e) More Californians (5.8 million households) residential apartments and houses to raise rents
are renting th'an ever be-fore, because overall Lis much as they want in buildings built after
home ownership rates in California have fallen 1995; despite 'local laws that would otherwise
to their lowest level since the 1940s, according prohibit Such increases, landlords in
to the state. One ouarter of older millennials Los Angeles can raise rents as much as they
(25-34 years of age) still live with their parents. want on buildings built after 1978, and in
(U,S. Census Bureau) San Francisco, on buildings built after 1979.
M Statewide labor unions, such as California (m) Costa.-Hawkins also allows a landlord to
Nurses Association, Service Employees raise the rent in any building built before 1995
International Union, and the California Teachers to the market value when it becory es vacant,
Association, have made affordable housing a and lets the landlord decide what market
value
priority for their members. For example, is.
teachers in California's urban centers are paying (n) Costa-Hawkins prevents cities from
40% to 70/10 of their salaries on housing and implementing laws that keep rents affordable
many are being forced to live an hour or more for their residents.
from their jobs in order to afford a home. SEC. 3. Purposes and Intent.
(g) Three times as many Californians are living
The people of the State of California hereby
in overcrowded apartments as compared to the declare the following purposes and intent in
U.S. as a whole. (U.S. Census Bureau.) enacting this act;
(h) Even though the state represents only 12% (a) To restore authority to California's cities and
o the total — , popu ation, California is home counties to develop and implement local
to 22% of the nation's homeless population.
(Department of Housing and Co.rnrnunity policies that ensure renters are able to -find and
Develo pment) afford decent housing in their jurisdictions.
(b) To improve the quality of life for millions of
W Homelessness is a major public health issue. I
People who are homeless are three to four times California renters and reduce the number of
and are more more likely to die prematurely Californians who face critical housing challenges
likely o have a COFTIMun"icable disease, and hornelessness.
according to the National Health Care for the (c) To repeal the Costa-Hawkins Rental Housing
Homeless Council, Act.
80 Texi of Proposed Laws
TEXT OF PROPOSED LAWS PROPOSITION 1UCONTINUED
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SEC. 4. The Affordable Housing Act shall be f2+-It has already been exem.pt. frorg the
codified by repealing SeC1i0D8 1954.50,
1954.5I, 1954.52, and 1954.53 Of the Civil
Code.
SEC. 4.1. Section I954.50 Of the Civil Code (3) (A) it. is alieriable separate firong the title to
iS [gpea|8d. any other dwelling unit of is a Subdivided
9-..ay be cited as the Gosta-Hawkil'is Rental subdivision (b), (d), or (f) 01 ) -Lian 11994.5
SEC. 4.2, Section I954.5I Of the Civil Code (B) This paragraph does not apply to either of
iS [gpea|8d.
following terngs have the following meanings. temaney has beem terminated by the owner by
have approximately the sange living spaep, have tenmimated upon a ehange in the terms of t
t4t� S-ame';-----Sriffttl-af &-r-----eqttL4-----&-rterti-t4es------afid not been sold separately by the. subdivider to-a
housing bona fide purehaser far value. The imitial rent
aammourit of the unit for purposes of this chapter
to offer residential real proper.y for rent, aM4 29GI, unless the refit lount is governed b.Y a
imeludes a predeeessor in interest to the owner, -different pirovi-giop of this ehapter, 1 lowever, if a
exeept that this tefng does Pat irielude the owner eamdog-Hniung dwelling or unit meets the crite
of a m9obilehome or lgi-q or her agent, all the dwellings or urlits exrt�ept one have beeff
pijrehasers for valtie, end the- sijbdivider has
rate that would be autharized pur-quant to 4-P
Development purstlant to Part 888 M—T41P 04 4 for, at least one year after the subdivision
(d) "Pt-iblie ent.4y" has the same mearing as (3) Shall apply to that un-sold (.019dongilgiurg.
Godhe, (c) Where o dwelling munux/wou^r the/u:o,
Or Subseeitlem.t. rental rates are Controlled by an
(f) "Ienamey" includes lawful occupation of this paragraph fflay establish the iffitial and all
Subsequent rerital rates for all existi
SEC. 4.3, Section 1954.52 of the Civil Code
is repealed.
19S4.S2, (a) Notwithstanding any other 1999, wa'S created between jaridarY 1, 1996,
provision of law, an owner of residential real -arid December 31, 1998.
isi lbsettItierit rental rates f(jr 'a dwelling Or a t1mit of real property as deseribed in tlgi-q paragraph
Text of pmpus,u Law, | 81
T XT OF PROPOSED LAWS PROPOSITION 10 CONTINUED
(iii) The initial rental rate for a dwelling or i (A) in a jurisdietion that eantfols by ardinanee
asde-siaribe4----tft----tht-87---ffafagfap�l----tft---w1ti-e4t---41-e of eharter provision the rental rate for a dwelling
i-fti-t4al---feftit-4--fate---r-s---eofttfoHed---by---ar-of d4ft-aftee of----Ltfti+�----aft---ommer----vvho----t,&ftr-;!tft;ateS----Of----fia4s----to,
or eharrer Provision in effeet on jantiary 47 reigew a contraet or reearded agreem.ent with--a
499,4). may not., until January 1. 4.999, exeeta_i4 gOVefflfflefftl 8teMCY that PFOVideS for a rent
the arviount ealeulated pursu"ant to subdivision +*:+r1+t-at:on---to---&--qtt&1+Sede ftantmay---fto+---s et----a-ft
(e) of Section 19S4.S33. An owner of resideiq�ia� initial rent far three years following the date-
ion or monrem
ft7ai---property---la's----des-ff+ed----41-----t-h4s----par-ag-al+ the terrminati ewal of the eontraet 01,
f Ti-ayTuf 44+-4-af i-L+ary---I—,----1-9-94;---es_tab�: 4+: + agireengent. For any new tenaney establish
tft
rental rate for a dwelling 61, unit onjv wl�jere three-year period, the, rental rate faf dtiring -L
ff----ft-ew-----teftaftey----esrt-4�1isrlieel-----�ft-----t--hat-----vaeateel
temant has Voluntarily Vacated, a andamedl _,-r dwelling of unit shall be at the sarme rate as tl�e
beer.. evieted pur-quanit to paragrapl� (29---af refit under the term i nated ar monrenewed
Seetion 1161 of the Gode of Givil Preeedure.
con-ract or reearded agreement with a
(b) Subdivision (a) does not apply where J far a rent m9eptal ageney tl�at. Provided
owner has otherwise agreed by eantraet wi-... a-----1 ttaItfLied------te-ftar'-,------pl-us afty
p-u�lie-----efttity-----tft-----earns 44&rattoft-----for-----a-----di-reet imereases authorized after the tenmination or
fiftafte-i-4----iaofttfj�tA=ioft----or-----any----at+ief----f orrm-s7....Of eameel lation of the eantraet oi- reearded
assistanee, specillea i M Ghapter 4-.3 agf c-efttertt-.-
,eangngeneing with E';eetiom 6-7)91.5) of F)ivision 1 (B) Subparagraph (A) does riot apply to any flew
of Title :7 of the Government Goi teftaftey-----of-------12-------rr"44-ts%-----of------rft e------dtmattarr
(e) Nothing in this seetion shall be eanstrue established after january 4, 2GGG� pur-quant to
affeet the authority of a public entity that mray the, owner's eantrael-L or recorded agreement with
ot+TerwtS-f_'--ex4St.--to--f a gavernmental ageigey that provides far a rent
fof--eviettaft-.- limitation to a qualified temant, unle-gs tl�e 1-i".
pffi-,
-to,
¢4Y---T4-ii-s---se-ItioR-doe-s---ftot---apply---
--
or unit that contains seriatis health, safety, fire-7 a nonremewed or eameeled eantraet or recorded
I agreerm nt With a governmental ageney 1
Of building eade Violations, excluding tho-se . I
eaused by disaster's for whieh a eitation h Pf tyfitiens----for-----a----f eftt.....:_1r1+t-at-:15rft----tt� a----frttalffit-fj-
tepant F's set forth in that. subparagraph,
beer.. iQ5,5tj@d by the appropriate goverrm-'i-ital
ageney and whieh has rengaimed unabated 4-ot eed--bry-eefttra-et
with a publie, entity in eansideration far a direet.
finaneial contribution or any other forrms of
SEC, 4.4. Section 1954.53 of the Civil Code assistanee speeified in Ghaptef
is repealed'. (earm-meneirig with F')ee4tiom 659 4.S) of 9ivisiom 4-
-1-9 -.&3 (a�---404LM41-staftild4fig---------arty---------154jef of---T-itie------of---t4te-GoAeer-ftffteftt--Go4&.-
provision of law, an owner of residential F 1 (3) :Fhe initial rental rate for a dwelling or unit
property rmay establish thie initial rental rate,
wN)s-e----tm44-4----refttcal----fate---- eafttfol-led----by----aft
------------------------------- a dwelling or unit, exeept where any of aird.inamee or ehartef provision in effeet off
iollowing applies: january 1: 1995: ftlay not tintil jantla
(1) 49 Xeeed---tie---afTt&ttftt----e-a4et4ati-e4---pttfsruaftt The previous tenaney has been terriginall-Le4 4- -97-e`
by the owner by matiee purstiant to Seetk�n to subdivision (e),
4-94&:4----of---�as---beeft-4efrfttmat-ed--ttpoft---a---e4tiaftge {!y}----Subd4v:-S-=ioft----(aY----a pi-ies-----to-T----aftd----tft-4ude-.;-
in the terfigs Of the, tenamey maticed, purstiant to renewal of ihe initial hiring by the sange tenaft-t-,
Section 827, except a change permitted by law lessee, atithorized subtemant, or atithoriz
in tl�e armatipt of rent of fees, L--a.r thle puwpose-&f srttb-¢ of--- 4od----of-----h4s----of---+tff-
this paragraph, the owner's ier-mination --or oeeupaney at the rental rate establisheal for t.
nonremewal of a contract, or reearded agreem.ei:4 iH4ttff-+4j-ft9:-
---govemr-i-tefttal---ageftely--ti-,nat---prov4desfof---a (e) :Fhe rental fate of a dwelling or unit whase
rent---tHtTl4tat-joft---to---a---iq-L+altfied----teftaftt;----slat---be initial rental rate is contf011ed by ordinance or
construed as a change in the, terms of the elgarter provision iig effeet an january 1, 19957
tememey purstiant to Section 827. shall, until jantiary 1, 199-9, be established in
82 Tem of Prnposecd Laws
TEXT OF PROPOSED LAWS PROPOSITION 10 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
accord'anee with this subdivision. Where the teriant that iss, party to the agreernent and
previous tenant has voltintarily vaeated T thereafter accepted rerit-.
abaridoned, or beep evieted pursuant to (e) Nothing ip tl�iis seetion sl�iall be eanstrued to
paragrapiq (2) of Section 1161 of Gode of Givil- affect-any---aut4ifm4ty-of---a---ptft4ie---ent-ilty---teat----r-rtay
proeedure, an owner of residential re,
ot�erwise exist to regulate or m.onitof thle,
may, no rig thap twiee, e. al grottrtds---fOf--et4-ettOft-.-
rental---fate-4of---a7--dwe+1+rig--Or---ttrtit---i-rt-a-m----afftlatf-rit (f) This section does fiat apply to any dwellin
that is no greater rhan 15 pereent mare. than th
rental rate ip effeet for the in9pnediately of Unit if all the following eanditions are met:
Y
ff_ee_eE+jffi_tl L----teftartiayL---Or-----ifi-----art----armyttnt----4tat-----i., ---Tt-ie---eMpe4tri-g---or---ti-rtit---4tLrrs--- ifi----of
79 percent of the Prevailing fflar rent for inspeetion report by the appropriatle,
earnparable tirits, whiehever am 90veffiffffefltat-----agefty-----as------eontaifti-rg-----sreriou-s
The initial rental rate established pur-quant to health, e,safety, fir or building eade violationsy-,
this Subdivision rnay not substittlie For as---4_e44ned--- ----Se&-iofi----14-92-0-4---Of---t4te-Heallti-
arid Safety Gode, exeluding any violation eaused
replaee ine're-ase.'s H9 reptal rates otherwise by"adtoyd-s-ter-.-
aut.19arized pur-quant to law. (2) The eitation was issued at least GG da,
---Nothtftj�----i-rt---�-+ii-s----S_eet4Of1----Of----any----(Y-4der -prior to the date of the vaeaney.
Provision Of law Shall be eons ftled to Preeldde '
express &-stablishment in a lease of rerital C3+---T-t-le----e4ted----Vi4atLiefl----tIa4---f I-oit----be-efl-----atyat-ed-
agreetTi-efit---of-the-fental-fates---ta-be-aN3dt,eabte-4ri. . ,P_ prior tenant vaeated and had rengained
the evenit 4-the rental unit subjeet therete is 'unabated---far----G&--daysr-of---f-of---a4ongef---peried---of
sublet, Nothing in this seetion shall be tirge. However, the 6-9-day tinge period M...ay be
e0fistrued to irnpair the ribligatioris of eoritraets ex-ter-ded------by------t�e------ajapf opf tat� o r€trr ri-tai.
entered into prior to january 1., 199-6--, ageney that issued the eitation,
(2) if the original oeetipant or oeeuparits who SEC. 5. The Affordable Housing Act shall be
further codified by adding Section 1954.54 to
teak-- e-dwe4tri-g-or---un 4--puf-stfaf it
F the Civil Code.
to the rental Mth the own r Flo longer
f1leffflanef, ',Y reside there, an owner 9-i.ay SEC, 5.1. Section 1954.54 is added to the
Y
---ar-rtoumt--- Civil Code, to read:
seetion to a lawful sublessee Or assignee who 1954.54. (a) A city, county, or city and county
did not reside at the dwelling of unit prior to Wh
Jaf tuary---1-;---1-9-9&- hall have the avthori¢y to adopt a local charter
I provision, ordinance, or regulation that governs
(3) This subdivision dries riot apply to partia-T a /anollord's right to establish and increase
eharges in oeet�paney Of a dwel1jr..g or tjr..it rental rates on a dwelling or housing unit.
w+'&re----On e----orfi of---t418---Oc -Pa 's----Of---tte tb) In accordance with Cal
1-for,i ia la 1,41, a
prengises! pursuant to the. agreement with the landlord s right to a fair rate of return on a
F'ded for above, fernams an occupant property shall not be abridged by a city, county,
ift-+aWful--- 41'edwel-lt'n R---Or---t,;f14t-.---_Of
or city and county
where a lawkil sublessee Or assignee who SEC, 6. Liberal Construction.
resided at the dwelling or unit prior to january 1;-
-1-9-9&;---r-eff 1a4f I-S--- ---the---dwel tH-rg--Or This act shall be broadly constrLiedl to
unit, Nothing eantained in this seetion s all � accomplish its purposes.
eanstrued to enlarge or dig-Hriish an owner's, SEC, 7, Amendment and Repeal.
right to withhold consent tb a stIblease br i i
Pursuant to subdiv'sion (c) of Sec,ion 10 of
Article 11 of the California Constitution, the
(4) Aeeeptanee of rent by the owner does not LegiSlatLire may amend this act to further its
gate------as------a------wai-Ver------of------ot4terwts� pf eve-rtt purposes by a statute passed in each house by
enforeeffient Of a eavenant Prohibiting stiblease rollcall vote entered in the Journal, two-thirds of
or assigniggent or as a waiver of. an nerIs fights the rnernbershiip concurring, signed by the
ta---estab4to,4-i---the---tft4+:a+---fent-4---rate;----un+es-S----4te Governor. No statute restricting or ehminating
owner has received' written notice from the, the powers that have been restored by this act
Text nfPrerY'sed ' :ws 83
1 L'3
T XT OF PROPOSED LAWS PROPOSITION 10 CONTINUED
to a city, county, or city and county to establish Section 8 of Article 11 of the California
i ii
residential rental rates shall become effective Constitu�:on.
unless approved by a malority of the electorate. i 'This initlative measure adds sections to the
SEC. S. S evera bil I i ty. Labor Code; therefore, new provisions proposed
i i
If any provision of this act or the application to be added are printed in italic type to indicate
thereof to any person or circumstance is held that they are new.
invalid, that invalidity shall not affect other PROPOSED LAW
provisions or applications of the act that can be
giver, effect without the invalid provision or SECTION 1. Chapter 7 (commencing with
application, and to this end the provisions of Section 880) is added to Part 2 of Division 2 of
this act are severable, the Labor Code, to read:
SEC. 9. Conflicting Measures. CHAPTER 7. E,'VE.RGEN,'YAMBULAN,E SERVM';ES
In the event that this act and any other measure Article 1. Title
addressing the authority of local government 880.
This act shall be known, and may be
agencies to establish residential rental rates cited' as the Emergency Ambulance Employee
u
shall appear on the same statewide election Safety and Preparedness Act.
ballot, the provision of the other measure or
measures shall be deeme0l" to be in conflict with ,article 2. Findings and Declarations
this act. In the event that this act receives a 881. The people of the State of California find
greater number of affirmative votes than another and declare the following.,
L L1 /ar e measure clee� ed to be in conflict with it, the (a) CaliforniaCal'i fo rn i3, has the nation's s g st
provisions of this act shall prevail in their population, third largest landmass, and is prone
entirety, and the other measure or measures ..o natural disasters Such as earthquakes,
shall be null and void. wildfires, and floods. These circurristances
SEC. 10. Legal Defense. demand a well-trained emergency ambulance
Notwithstandiing any other law, if the e, a state, workforce.
government agency, or any of its officials fail to (-h) In California, private companies provide the
defend the constitutionality of this act, following medical technicia
prlrnary emergency n (EMT)
its approval by the voters, the proponents shall and paramedic services for 74 percent of state
have the authority to intervene :in any court residents. Unfortunately catastrophes lirke;
action challenging the constitutionality of this natural disasters, active shooters, and mass
act for the zD purpose of defending its casualty incidents occur far too frequent/y
constitutionality, whether in state or feclerall throughout the state and nation. hose all other
court. and whether the action is :in any trial firs" responders, emergency ambulance
court, on appeal, or on discretionary review by employees Such as EM'Is and paramedics must
the Supreme Court of California or the Suprern, be adequately trained and available to respond
-------------------------------
------------------------------- Court of the United States. The reasonable fees to all Lt types of crises and pleas for help.
-------------------------------
and costs of defending the action shall be a (c) Private companies that employ emergency
charge
e on funds appropriated to the California ambulance employees such as EM7s and
Department of Justice, which shall be satisfied paramedics shOLjId be required to provide
promptly. compensated yearly training to prepare- them to
SEC. 11. Effective Date, handle active shooter and mass casualty
incidents. in addition to natural disasters.
Except as otherwise provided herein, this act
shall become effective the day after its approval d) It takes a special type Of Ders0171 to be an
by the voters. emergencY ambulance employee like an EM T or
paramedic dedicated to serve, protect, and
PROPOSITION 11 provide lifesaving services for their fellow
neighbors around the clock. Em.ergoncv
This initiative measure is Submitted to the ambulance employees such as EM7s and
people in accordance with the provisions of paramedics often witness traumatic events.
84 Tex i of Proposed Laws
TEXT OF PROPOSED LAWS PROPOSITION I I CONTINUED
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Ern,Dloyer,-:: should provide mental health health and wellness education each calendar
services to emergency ambulance employees. year thereafter: Mental health and weflness
-1; n shall inform erner
"0, Emergency ambulance emplovees, such as educallo
LM gency ambulance
employees of available mental health treatments
EMTs and paramedics work hard and can be
Called into action at an time during their port
Y , g their work and support services and provide general
shift to provide lifesaving care. There-fore, it is information regarding common mental health
,important that they receive adequate meal and illnesses.
rest time to rernain at their peak performance. (b) Every emergency ambulance employee shall
Article 3. Statement of Purr')ose be entitled to ernployer-paid mental health
882. The purpose of the Emergency services
ces through an en)p10 vee assistance
A
Ambulance ,Employee .safety and Preparedness program EP), The EAP coverage shall provide
Act is to enhance public health and safety by up to 10 mental health treatments per issue,
. 4 r
ens,tring that emergency ambulance emp/Gyee s per calenba year.
Such as EIVIT,3 and paramedics receive adequate (c) Every emergency ambulance employee that
training, meal and rest time, and mental health qualifies for or is eligible to receive employer-
benefits and are available to respond to 9.11 provided health insurance shall have access to
emergency-type requests for medical assistance health insurance plans that offer long-term
at all times. mental health treatment services.
Article 4. Emergency Ambulance Employee (d) For purposes Of this section, "issue" means
Safety and Preparedness episodes of mental health conditions such as
883. Training. stress, depression, grief, loss, relationship
struggles,gles, substance abuse, parenting
6 1 1 In addition to other minimum ern,DIoy
challenges, and other n'lental health conditions
qualifications and certifications, every
1.1 10 ' as described within the EAR
emergency ambulance employee shall annL1311V
I
receive em.p/o.ver-apaid training- i I n each of the 885. Meal and Rest Periods.
following areas: (a) All emergency ambulance employees
Yees are-
(1) Responding to active shooter and mass hereb'v entitled to meal and rest periods as
casualty incidents. proscribed elsewhere by the Industrial Welfare,
(Z) Respondinc f raturai disasters. Commission.
41 to .? (b) Emergency ambulance employees
oyees shai/ be
(3) Preventing violence against emergencyP,
ambulance employees and patients. compensated at their regular hourly rate of pay
("b) The training required by subdivision (al during meal and rest periods.
I .rig I
shall be provided free of charge to emergency 886 Staffing for Meal Periods.
ambulance employees. Emergency ambulance (,-)/) (1) An emergency ambulance provider shall
employees shall be compensated at their regular not require an emergency ambulance emp!ovee
hourly rate of pay while participating in training to take a meal period during the first or last hour
required by subdivision (a). of a work shift and must allow an ernerrfency
(c) The tra.ining required to be provided ambulance employee to space multiple meal
pursuant L is L t -10 this section shall be general/y periods during a work shift at least two hours
comparable In Content,
scope, and quality to apart.
courses offered by the Federal Ernergency
(2) An emergency ambulance provider shall
n Manage )ent Agency:s Emergency Management manage staffing at levels sufficient to provide
Institute or National Training and Education enough inactivity 'it, a work shift for emergencv
Division, or both. ambulance employees to meet the requirements
884. Mental Health. of this subdivision.
(a) Every emergency arnbulance employee
Dloyee shall (b) Any meal period that does not Comply Witt?
mental eemployer-paid ental health and paragraph (1) of subdivision (a) shall not be
wellness education within 30 days of being counted towards the meal periods an employee
hired and shall receive en)ployer-paid mental is entitled to during his or her work shift.
Text of L,:3 Prom'sed ' ws 85
1
T XT OF PROPOSED LAWS PROPOSITION 11 CONTINUED
887. Communication to Protect Public Health (e) "Work shift" means designated hours of
and Safety work by an emergency ambulance employee,
Notwithstanding any provision of law to the with a designated beginning time and quitting
contrary: time, including any periods for meals or rest.
a) In order to .maximize protection of public , provision Of
k I
health and safety, emergency ambulance law to the contraty, Sections 887 and 888 are
declaratory of, and do not alter or amend,
erripi es shall remain reachable by a portable
I 0ye I existing California law and shall apply to any
cornMunications device thrOLighout the entiretly 9
and all actions pending on,. or conritrienced after.
of each work shift. October 25, 2017, alleging a violation o,f
(b) If an emergency ambulance emPIQYee Is Section 11090 of Title 8 of the California Code
contacted during a meal or rest period, that of Regulations (Industrial Welfare Commission
Particular meal or rest period shall not be UWC) Order No. .9-,2001.) or any amended,
counted towards the nreal' and rest periods the SuCCO-5,1,0r. or replacement law, regulation, or
employee is entitled to during his or her work /VVC order.
shift. Article 5. Amendment
(c) if an emergency ambulance employee is not 890. The L.egislature, may amend this chapter-
contacted dLiri.qc a meal or rest period, that I the
particular meal or rest period shall be Counted by a statute passed In each house of I
Legislature by rollcall vote entered in the
towards the meal and rest periods the employee
P, iournal, four-fifths of the membership
is entitled to during his or her work shift. concurring, provided that the statute I.s
888. Definitions. consistent with, and furthers the purposes of,
As used in this chapter, all of the following this chapter. No bill seeking to amend this
definitions itions apply, y D I chapter ina be passed become a statute
or
beer
unless the bill has printed and distributed
(a) "Emergency anribLilance employee" means a e n P,
0 1V t the Members of the I-egislature, and
person who meets both of the following published on the lnternet, in its final form, for
requirements: at least 12 business days prior to its passage in
(1) Is an emergency medical technician (EMT), either house of the Legislature.
dispatcher, paramedic, or other licensed or SEC. 2, 1--iberal Construction.
certified ambulance transport personnel who contributes to the delivery of ambulanceThis act shall be liberally construed in order to
services. effectuate its purposes.
t'P SEC. 3. Conflicting Measures.
__J) Is employed by an emergency ambulance
provider. (a) In the event that this initiative measure and
another initiative measure or measures relating
(b)) "Emergencv ambulance provider" means an i i
to working conditions of emergency ambulance
employer that provides ambulance services, but . .
not including the state, or any political employees shall appear on the same statewide
election ballot, the other initiative measure or
subdivision thereof, in Its capacity as the direct measures shall be deemed to be in conflict with
employer of a person meeting the description
this measure. In -the event that this initiative
contained in paragraph (1) Of SLibdivision (a).
measure receives a greater number of affirmative
(c) "'Contacted" means receiving a message or votes, the provisions of this measure shall
directive over a portable communications device prevail in their entirety, and the provisions of
that reC7uires a response. A bare requirement to the other initiative measure or measures shall
carry; a portable communications device and be null Lind void.
remain reachable does not constitute being (b) If this initiative measure is approved by the
"contacted. " voters but is superseded in whole or in part by
(d) "Portable communications c.evice means a any other conflicting initiative measure approved
pager, radio, station alert box, intercom, cellular by the voters at the same election, and such
telephone,
T,)hone, or other communications method. conflicting initiative is later held invalid, this
86 Tex i of Proposed Laws
TEXT OF PROPOSED LAWS PROPOSITION I I CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
measure shall be self-executing and given full Section 8 of Article 11 of the California
force and effect. Constitution.
SEC. 4. Severab.lity. This initiative measure arnenGlis and adds
The provisions of this act are severable. If any sections to the Health and Safety Code;
portion, section, subdivision, paragraph, clause, therefore, existing provisions proposed to be
sentence, phrase, word or application of this deleted are printed in strikeatit type and new
act is for any reason held to be invalid by a provisions proposed to be added are printed in
decision of any court Of competent jLlriscliction, J.talic tYP e to indicate that they are new.
that decision shall riot affect the validity of the
remaining portions of this act. The people of the PROPOSED LAW
State of California hereby declare that they The people of -the State of California do enact as
would have adopted this act and each and every portion, section, Subdivision, paragraph, clause, follows:
sentence, phrase, word, and application not SECTION 1. This act shall be known, and may
declared invalid or unconstitutional without be cited, as the
he Prevention of Cruelty to Farm
regard to whether any portion of this act or Animals Act.
application thereof would be subsequently SEC, 2. The purpose of this act is to prevent
declared invalid. animal cruelty by phasing out extreme methods
SEC. 5. Legal Defense. of farm animal confinement, which also threaten
If this act is approved by the voters of the State the health and safety of California consumers,
of California and thereafter Subjected to a legal Lind :increase the risk of foodborne illness and
challenge alleging a violation of state or federal associated negative fiscal impacts or, the State
law, and both the Governor and Attorney General of California.
refuse to defend this act, then the following SEC. 3. Section 25990 of the Health and
actions shall be taken: Safety Code is amended to read;
(a) Notwithstanding anything to the contrary
25990. PRO H.1 E31 1-11ONS, In addition to other
contained in Chapter 6 (commencing with
applicable provisions of law
Section 1.2500) of Part 2 of Division 3 of Title 2 -,:
of the Government Code or any other law, the (a) a peirson A farm owner or operator within
Attorney General shall appoint independent the state shall not teth@r or ear knowing1j1
counsel to faithfully and vigorously defend this cause any covered animal-, to he confined in a
act on behalf of the State of California. cruel manner. trn---a7--far-r+;---far--- ---t4 aifftty
f----LIMy----
(b) Before appointing or thereafter substituting o If -a----MEMnef----t-�ai---W-events-----suiefl-
independent cot'ins el, the Attorney General shall from`
exercise due diligence in determining the (a) Lying down, s-tanding bp; and fully extending
qualifications of independent counsel and shall his (jr Icier jiffibs, afid
obtain written affirmation from independent M Turning 8ratind freely-.
counsel that independent counsel will faithfully
and vigorously defend this act. The written (b) A business owner or operator shall not
affirmation shall be made publicly available
knowingly engage in the sale within the state of
upon reqLleSt. any of the following.
(c) A continuous appropriation is hereby made 01) Whole veal meat that the business owner or
from the General 'Fund to the Controller, without operator knows or should know is the meat of a
regard to fiscal years, in an amount necessary to covered animal who was confined in a cruel
cover the costs of retaining independent counsel manner.
to faithfully arid vigorously defend this act on (2) Whole pork meat that the business owner or
behalf of the State of California. operator knows or should know is the meat of a
covered animal who was confined in a cruelPROPOSITION 12 manner, or is the meat of immediate Offspring Of
This initiative measure is submitted to the a covered animal who was confined in a cruel
people :in accordance with the provisions of manner
Text of L,3 Prom'sed ws 87
1
T XT OF PROPOSED LAWS PROPOSITION 12 CONTINUED
( ) Shell ega
., that the business owner or 0) Confining a covered animal in a manner that
operator knows or should know is the -product of prevents the animal front lying down, standing
a covered animal who was confined in a cruel up, fully extending the animal's limbs, or
rnanner. tirningT around free'v.
i'll
(4) Liquid eggs that the business owner or (2) After December 31, 201.9, confining a calf
Operator knows or should know are the 'Droduct raised for veal with less than 43 square feet of
or a covered animal who was confined in a cruel usalble floorspace per calf.
rnannet; (3) After December 31, 2021, confining a
SEC, 4. Section 25991 of the Health and breeding- pig with less than 24 square feet'- of
Safety Code is amended to ready usable floorspace per pig.
25991. DEFINITIONS. For the purposes of this (4) After December 31, 2019, confining an
chapter, the following terms have the following eg I I C, egg-.Iaying hen with less than 144 square inches
meanings; of usable floorspace per hen.
(a) "'Breedi pig" means an female pig of the (5) After December 3.1, 2021, confining an
`'Breeding y 1. 1
porcine species kept for the purpose
pose Or egg-laying hen with
ith, less than the amount of
I
comimercial breeding who is six months or older usable floorspace -per hen required by the 2017
or pregnant. edition of the United Egg Producers' Anirrial
(b) "Business owner or operator" means any flusbandry Guidelines for 11S. 1--.ggL.aying
person who owns or controls the operations of a Flocks: Guidelines for Cage-Free Housing or in
I-
Dt"sinfe.S& an enclosure other than a cage-free housing
(c) `rage-free housing system" means an system.
indoor or outdoor controlled environment for kbW) "Covered anirnal" means any pig eltiring
egg-laying hens within which hens are free to pregnaney, calf raised for veal, breeding pig or
roam unrestricted; are provided enrichments egg-laying hen who is kept on a farm.
that allow them to exhibit natural behaviors, k6klg) "Egg-laying hen" means any female
L 1.0 1,
including, at a minimum, scratch areas, domesticated chicken, turkey, duck, goose, or
perches, nest boxes, and dust bathing areas; guilgea jarguineafowl kept for the purpose of
and within which farm, employees can provide
egg production.
care while standing within the hens' usable
floorspace. Cage-free housing systems include,
fd4(h) "Enclosure" means any e,I age erate,
to the extent they comply with the requirement a.r
is othef a structure ktftel-udtftg---wl��-----�s----e-W.nffftof4y
deserib "A as a "gestaion erate" for pigs, a
of this subdivision, the following: it
ef-ate-!'40f---taal-Ves Of---a---L batt�t ---cage"---far---egg-
(1) Multitiered aviaries, in which hens have
multiple elevated platforms that laying he used to confine a covered animal
access 11
Lo or animals.
provide hens with usable floorspace both on top
of and underneath the platforms. "Farm" means the land, building, support
facilities, and other equipment that are wholly
(2) Partially slatted -systems, in which hens , i .i
have access to elevated flat p13, tf0rn`?S under or partially used for the commercial production
which manure drops through the flooring to a pit of animals or animal', products used for food or
or litter removal belt below fiber; and does not include live animal markets-.,
establishments at which mandatory inspection
(3) Single-level all-litter floor systems bedded is provided under the Federal Meat Inspection
with litter: in which hens have, limited or no Act (21 U.S.G'. Sec. 601 et seq.), or official'
access to elevated flat pla tforms• plants at which mandatory Inspection Is
(4) An future systems that comply with the maintained under the federal Egg Products
Y Le L �
requirements of this subdivision. Inspection
Dection Act (21 U.S.C. Sec. 1031 et seq.).
i
(a)(d) "Calf raised for veal" ryleans any calf of (i) "Farm owner or operator'
p n.erator" means any person
the bovine species kept for the purpose of who owns or controls the operations of a farm.
producing the -food product described as veal. kO(k) "Fully extending his or her the animal's
i i
(e) "'Confined in a cruel manner" means any limbs"lmbs" means fully extending all limbs without
one of the following acts: touching the side of an enclosure, ineludilrig,
88 1 Tex of Prnposedi Laws
TEXT OF PROPOSED LAWS PROPOSITION 12 CONTINUED
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
the case of egg-laying hens, fully spreading both (s) "Usable floorspace" means the total square
an--eft4-1-asuf-e footage of floorspace provided to each covered
or other egg-laying hens or another anirrial. animal, as calculated by dividing the total
(0 "Liquid eggs" rneans eggs of an egg-laying Square footage of floorspace provided to the
hen broken from) the shells, 'intended for human animals in an enclosure by the number of
food, with the yolks and whites in their natural animals in that enclosure. In the case of egg-
proportions, or with the yolks and I whites laying ing hens, usable floorspace shall include
separated, mixed, or mixed and strained. Liquid both groundspace and elevated level flat
eggs do not include combination food products, P13tforrns upon which hens can roost, but shall
including pancake mixes,
cake mixes, cookie,,, not include perches or ramps.
pizzas, cookie dough, ice cream, or similar (t) "Veal I-neat" means meat, as defined in
processed or prepared food products, that are Se 1 of /e 31 T a e,cti r goo Tit 3 of the C, ifo ni Cod of
comprised of more than liquid eggs, sugar, salt, regulations as of August 2017, of a calf raised
water seasoning, coloring, flavoring for veal intended for use as hlrnan food.
preservatives, stabilizers, and similar food "ku) "Whole pork meat" means any uncooked
additives.
cut of pork, including bacon, harp, chop, ribs,
"Person" means any individual, firm, riblet, loin, shank, leg, roast, brisket, steak,
partnership, joint venture, association, limited sirlo` i, or cutlet, that is comprised entirely of
liability company, corporation, estate, trust, pork meat, except for seasoning-, curing agents,
receiver, or syndicate. coloring, flavoring, preservatives, and similar
(-h)----�"P4g--d-uf4ng-pf rneat additives. Whole pork meat does riot
pig of the porcine species kept for the primary include combination food products, including
purpose of breeding.(n) "Pork meat" means soups, sandwiches, pi I z7as, hotdogs, or similar
meat, as defined in Section 900 of Title 3 of the processed or prepared food products, that are-
California Code of Regulations as of August comprised of more than pork meat, seasoning,
2017, of a pig of the porcine species, intended curing agents, coloring, flavoring, preservatives,
for use as human food. and similar-meat additives.
(o) "Sale" means a commercial sale by a (v) "Whole veal meat" means anv uncooked cut
business that sells any item, covered by this of veal, including chop, ribs, ribVet, loin, shank,
chapter, but does not include any sale leg, roast, brisket, steak, sirloin, or cutlet, that
undertaken at an establishment at which is comprised entirely of veal meat, except for
mandator ;inspection is provided under the seasoning, cun I ng agents, coloring, flavoring,
y n , I
Federal Meat Inspection Act (21 U.S.C. Sec. preservatives, and similar meat additives. Whole
601 et seq.), or any sale undertaken at an veal meat does not include combination food
official plant at -which mandatory inspection is rodu.-ts, including soups, sandwiches, ,pizzas,
zzas,
p J ng
maintained under the federal L-gg Products hotdqgs, or similar processed or prepared food
Inspection Act (21 U.S.C. Sec. 1031 et seq.). products, that are comprised of more, than veal
For purposes of this section, a sale shall be meat., seasoning Curing agents, coloring,
deemed to occur at the location where the buyer flavoring, preservatives, and similar meat
takes physical possession of an item covered by additives.
Section 25990, SEC. 5. Section 25992 of the Health and
(p) "Shell egg
" means a whole egg
of an egg
Safety Code is amended. to read:
laying her; in its shell fora;, intended for use as human food. 25992. ExcEPTIONS. This chapter shall not
H(q) "Turning around freely" means turning i apply:
f'..
a complete circle without any impediment, (a) During scientific ,e t 1 medical
including a tether, and without touching the research.
side of an enclosure or another animal. (b) During examination, testingr, individual
(r) "Uncooked" ineans requiring cooking prior treatment, or operation for veterinary purposes.
to human consumption. (c) During transportation.
Text of Proposed Liaws 89
T XT OF PROPOSED LAWS PROPOSITION 12 CONTINUED
(d) During rodeo exhibitions, state or county fair
commencmg with Section 17200) of Part 2 of
exhibitions, 4-H programs, and similar Division 7 of the Business and Professions
exhibitions.
Lions. Code.
(e) During the slaughter of a covered animal in , The provisions of this chapter relating to
i �C)
accordance with the provisions
ons of Chapter 6 cruel confinement of covered animals and sale
(commencing with Section 19501) of Part 3 of of products Shall supersede any conflicting
Division 9 of the Food and ,agricultural Code, regulations including conflicting regulations in
relating to hurnane methods of slaughter, and Chapter 6 (commencing with Section 4060.1) of
other applicable law and regulations. Subdivision 6 of Division 2 of Title P2 of the
(f) To a breeding pig during the seven-day California Code of Regulations.
L! U
five-day period prior to the breeding pig's SEC. 7. Section 25993 1 is added to the
i
expected date of giving birth;
rth, and any clay that Health arid Safety Code, to read
the breeding pig is nursing pigf`ets. 25993,1. it shall be a defense to any action
(g�) Dtring temporary periods for animal to enforce subdivision (b) of Section 259.90 that
husbandry purposes for no more than six hours a business owner or operator relied in good faith
;n any -hour period,
1 10 and no more that, upon a written certification by the supplier that
24 hours total in any 30-day period. the whole veal meat whole pork rpeat, shell
SEC, 6. Section 25993 of the Health and egg, or liquid eggs at issue was not derived from
Safety Code is amended to read: a covered animal who was confined in a cruel
25993. ENF(DR-CEMIEN-1. (a) The Department of imanner. or from the immediate offspring of a
breeding pig who was confined in a Cruel
Food and Agriculture and the State Department
of Public I-lealth shall jointly promulgate rules manner,
and regulations for the implementation of this SEC. 8. This act shall be ar lendled only by a
M -
act by September 1, 2019. statute approved by a vote of four.-fifths of the
I I
(b) Any person who violates any of the members of both houses of the L.egis!"ature. Any
—ent of this act shall be consistent with
provisions of this chapter is guilty of a arrienclin i i
and further the purposes of this act.
misdemeanor, and upon conviction thereof shall
be punished by a fine not to exceed SEC. 9, If any provision of this act, or the
one thousand dollars ($1,000) or by application th
ereof to any person or
i ryl prison merit in the county jail for a period not circurrrstances, is held invalid id or
to exceed 180 days or by both such fine and unconstitutional, that invalidity or
imprisonment. In addition, a violation of unconstitutionality shall not affect other
subdivision (b) of Section 25990 constitutes provisions or applications of this act that can be
unfair corripetition, as defined in Section -7 7200 given effect without the invalid or
of the Business and 1-rof6ssions Code, and is unconstitutional provision or application, and to
punishable as prescribed in Chapter 5 this end the provisions of this act are severable.
-------------------------------
-------------------------------
-------------------------------
-------------------------------
-------------------------------
90 Tex of Proposed Laws
��N= N� �� Voter
Status
Online
N=NN����� Your ������� ��N����� �N�N�ne
Visit the Secretary of Stete's My Voter Status page at
V7benStabxemos.ua.6pmv, where you can check your voter
NlIqw:STATUS st VOTERatus, find your po||in� p|eceoravotocenter, and much
more.
Use My Voter Status to:
• See if you are registered to vote and, if so, in what County
w Check your political party preference
w Find your polling place
* Find a vote center (for voters living in Madera, Napa, Mevade, Sacramento, and San Mateo
counties')
* Find upcoming elections in your area
w Receive your state Voter Information Guide (V|G) by email. be-fore each statewide election
w Find contact information for your county elections office
w Check the status -of yourvote by-mail ballot or provisional ba||ot
Election
�� Information
�~
N~N��������� N����� N�N��������Non
Polls and vote centers are open from 7:OOa.0. to 8.O0p.Dl. 0O Tuesday, November 6. Uf you are iO line before
8:00 p.Rl., you can still vote. To find your polling place Ora vote center:
Checkthe county Voter Information Guide Your county e!eo1ionsofficial mei!ed to you
Call (8OO) 345'VOTE (8G83)
Online at ,,vwvusos.oa.goxl"e/ect-ions/po///np-placenr Yb/er8ta/us.zos.oa.gov
| U Text Vote toGDVDTE (46B6B3)
Download the "Vote Ca|ifnrnia" mnhiie app (available at the ;CS and Android stores)
��� �������~������� ��� ���������~��� �����~������ ��� ���NN��� 0����������
N�� �� � NK� � � ~�� � NU� Candidates� N� Ballot& N�N
� �mw o � �m � � � �*� � �ow � �� �mm � � Measures
When a committee (a person or Qroup of people who receives or spends money for the purpose of
voters to support or oppose candidates or ballot measures) supports -or opposes ba|!ot
measure or, candidate and raises at |eost million, tUecomm|ttee mustrepnrt its
lop IO contributors tothe California Fair Political Practices Commission (FP PC)
The committee must update the top 1.0 list when there is any change.
These lists are avei|ab|e on the FPPC website at
htL�p:l�lwwt,v.fppc.cagoxl'transparencv�-onn��u��.h�/
Voter Registration
If you have already registered to vote, you do not need to reregister unless you change your name,
home address, mailing address or if you want to change or select a political party.
You can register to vote online at Reg-isterTb Vote.ca.gov, or call the Secretary of State's toll--free
Voter Hotline at (800) 345--VOTE (8683) to get a -form mailed to you.
Voter registration forms can be found at most post offices, libraries, city and county government
offices, county elections offices, and the California Secretary of State's Office.
Conditional Voter Registration
Did you forget to register? No problem! Did you know that during the period of 14 days prior to
Election Day through and including Election Day, you can go to the office of your county elections
official or a vote center to conditionally register to vote and vote? This process is called Conditional
Voter Registration (CVR), Here's how it works:
Visit your county elections office or a vote center—a full list of county contact
information can be found here:
snaps..,,Ilvv,wi,v.sos.ca.govlelectionslvot,;riR-resourceslcounty-.el'e,-.,Llions--officesl
2. Complete a voter registration card or register online at RegisterToVote_ca.gov
3. Vote your CVR provisional ballot at your county elections office or vote center
Once the County elections official processes the affidavit of registration, determines that You're
eligible to register, and validates Your information, the registration becomes permanent and your
CVR provisional ballot will be counted.
To learn more visit littf-):Ilvvvvi4i.sos.ca.govlelect.iotisl'tloter-registr,?7t.iotilconditional-lloter-regI
Vote Centers are available for voters living in Madera, Napa, Nevada, Sacramento, and San Mateo
Counties. Visit Vote,rsCho ice,sos.ca.gov or see page 93 for more information on the Voter's Choice
Act and vote centers.
Voter Registration Privacy Information
Safe at Home Confidential Voter Registration Program: Certain voters facing life-threatening
situations (i.e., domestic violence, stalking victims) qu
alify ualify for confidential voter status. For
I .
more information, contact the Secretary of State's Safe at Home program toll-free at
(877) 322--5227 or visit www.sos.ca.govlreg-isL'.rl;eslsafe--homel.
Voter Information Privacy: Information on your voter registration affidavit will be used by elections
officials to send you official information on the voting process, such as the location of your
polling place and the issues and candidates that will appear on the ballot. Commercial use of
voter registration information is prohibited by law and is a misdemeanor. Voter information may
be provided to a candidate for office, a ballot measure committee, or other person for election,
scholarly, journalistic, political, or governmental purposes, as determined by the Secretary of State.
Driver license and social security numbers, or your signature as shown On Your voter registration
card, cannot be released for these purposes. If you have any questions about the use of voter
information or wish to report Suspected misuse Of such information, please call the Secretary of
State's Voter Hotline at (800) 345-VOTE (8683).
92
ADTERS CHOICE ACT
���� Future
� Voting
~ CaliforniaN �N�� ������� ��N �������� N� N� �NNN
��
Starting in 20l8. all registered voters in Madera, Nopo, Nevada, Sacramento, and San Mateo
counties will receive their ballot in the mail weeks be-fore the election. Voters in partioipadnQ
counties will have 3 choices for how tovote:
Vote by Mail: You can mail your completed ballot assoon as you receive it.
Drop Box: You can drop Off Your completed hai|ot at any county drop box as soon as you receive it.
No postage is required at drop boxes.
Vote Center: Voter centers will replace polling places. You can vote in person at any vote center in your
county. Vote center's will be open for minimum of ll days, uptoand including Election Day.
At every vote center YOU can:
• Vote in person
• Register to vote nr update Your registration
• Drop off your completed ballot
• Get a replacement ballot
m Vote using an accessible voting maohine
m Get help and votina materials in mu|tin|e languages
����� ���� ������0[���
^~~~m ~~^� `~~^~~~~mm�^
The California Voter's Choice Act hncome law in 20I6 to make voting more cnnvenientand accensibie.
You can choose how, when, and where you vote.
When do U vote?You will receive your ballot in the mail weeks before the election. After completing your ba||ot, you may
return it by mail nret any county drop box nrvote center. Vote centers will be open for in'o'erson voting
for ll days, u� to and inc|uding Election Day.
^~ ~~e^ ~ d~ ~ ~~~~d ~~ drop box ~~ ~~~e ce~~~e~ ^
WotexsChoice.so�ca.,gDv
����� ~� U ���'� ����~��� ���� ��NU���
~~ ~~~. ~~ . don't ~ —~~~~� ..~� ~~.-~.~~~
Visit any vote center in your county or call your county elections official to request a naP|aommont.
0���� ~� U°�� ��� ~� � ����~�~���~��� ��������
^~~~~~~ ~~ ^ ~~^ ^~~~ ~~~ ~~ participating county?
If you live in a county that's not currently participating in the Voter's Choice Act, you will continue
to vote either by mail orata polling p|aoe. Contac� the Seore�aryof State'stn||-�ee voter hotline at
(800) 345'VOTE (8883) for more information.
93
The text of proposed laws is also available online at
http.-Ilvoterguide.sos.ca.gov
104,
If you would like an additional printed copy of the
text:
Email the Secretary of State at
Contact the Secretary ofState's toll-free
voter hotline at ( 00) 4 - OT (8683).
Assistancefor Voters with Disabilities
Check your county Voter Information Guide
Your county Voter Information kGulde will:
• Describe how persons with disabilities can vote privately and independently
13 • Display a wheelchair symbol if your polling place is accessible to voters with
uisabllitles
Audio and large print Voter Information Guides
Fhese guides are available at no cost in English, Chinese, Hindi, Japanese, Khmer, Korean, Spanish,
Tagalog, Thai, and Vietnamese. To order:
Call the Secretary of State's toll-free voter Download an audio MP.') version at
hotline at (800) 345 VOTE (8683) WWW http:;/voterguide.sos.ca.gaowerTlaudio
Visit http:Mvotorguide.sos.ca.gov
State Election Results Website
Want to see the November 6, 2018, General Election results after the polls clue at
8:00 p.m.? Visit the California Secretary of State's Election Results website at
https.Ilvate.sos.ca. ovl
The Election Results website is updated even five minutes on Election Night as counties report
results to the Secretary of State. County elections officials send semi-official election results
to the Secretary of State's website after the dolls close at 8:00 p.m. and continue to send
updates at least even two hours until all Election Day ballots are counted.
Beginning on November 8 through December 6, 2018, the Election Results website will update
even day by 5:00 p.m. as counties count the remaining ballots.
The official results of the election will be posted by December 14, 20 i 8, at
www.sos.c.a.g, ovAe/ecfions1
94
------------------------------
-----------------------------
REMEMBER TO VOTE!
Polls are open from 7.00 affl. to 8.00 run. on Election Day!
October 8, 2018
First (I a v to vote-by--ry ail.
----------------- -----------------------------
October 22, 2018
S M T w T F S Last day to register, to vote. You
can "Conditionally" register and
1 2 3 4 5 6 vote at your r coj jr1ty elections
9 7 0 '1 office after the 15-day voter 9 10 11 12 13 registration deadline.
14 15 16 17 18 19 20
21 22 23 24 25 26 27 October 30, 2018
Last day that county elections
Ar
9
28 kjO 31 officials will accept any voter's
application for a vote-by-mail
ballot.
.................................
-----------------------------
S M T w T F S
1 2 3 November 6, 2018
4 5 7 8 9 10 Election Day!
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30
-------------------------------------------------------------------------------------------------------------------------------------------
95
California Secretary of StateNONPRORT
Elections DivisionU.S. POSTAGE
l5UOilthStreetPAID
Sacramento, CA9S8l4 CALIFORNIA
SECRETARY
OF STATE
ICIAL
CAL|FORN|A
`k
as
G � ��� � N�� ��\� Em
� � � � � � � ����� � �� �� �� �� �� � � �� � �
Check your voter registration status OR|iRB at vote/3tRtUs.Jos.ca.gov
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TEXTOFpROPOSED LAWS For additional copies Qf the Voter Information Guide Or the Text
Uf Proposed Laws 1U any Uf the following languages,please call-
Tuesday, November 6, 2018
EOglish' (80U)245-VOTE(8G8])
0 �R� � bert8VOtR! '
Polls are Op93 from 7:00 a.0. to NO p.0. TTYITDD'' (800)833-8683
| EDDQhUl/SO3Oi5h: (800)2]2-VUTA(8682)
|
October ' rh-7r/ChiDese: (8O0)339'28S7 ����
-� ��
First day tnvota-by-moii '�'�'/HiDdi: (88O)345-2G92 Uv�U El
c|Xiiff/]8p@Dgse: (800)339-2865
������� ����� °
� tal/Kh0e[: (O88)J4S'49l7
Last day tn register tovote. t--�<)-]/KU[e@D: (866)S76-lS58
OOfOhe7 30 Tagalog: (800)339'2957
Last daythatoountyo!ootionuo#ioie|awi!| nlijllnn/Th8i: (8SS)346-39J3
accept any voter's application for avnta-by-mai| ballot. | Vieft D ~/VietD8088e: (800)339-8163
Text Vote twGOVOTE (4G8G83) 1ofind the location of your polling place.
^You xonstill ^mnditinnoUy'' m8i�orundm�oo�yourcountyo|a�ionndfinao#artho�5-dayu�arm�i�mbondeadline.
|nan effort to reduce election nosto.the State Le,a,io!atue has authorized the State and counties tu mail only one
Voter Information Guide to each voting household and to-provide a copyof the Text of Proposed Laws upon request.
You may obtain additional copies by contacting Y0LH`COLHItY edHtiOns official or by calling(800)345--VOTE.
ox,.".4,5.", *��