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AB-1163 Minors: power of attorney to care for a minor child.(2017-2018)

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Date Published: 09/07/2017 09:00 PM
AB1163:v94#DOCUMENT

Amended  IN  Senate  September 07, 2017
Amended  IN  Senate  June 22, 2017
Amended  IN  Assembly  May 26, 2017
Amended  IN  Assembly  May 01, 2017
Amended  IN  Assembly  April 04, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1163


Introduced by Assembly Member Irwin

February 17, 2017


An act to amend and repeal Section 10912 of, and to add Section 10912.5 to, the Water Code, relating to water. add Part 1.7 (commencing with Section 6570) to Division 11 of the Family Code, relating to minors.


LEGISLATIVE COUNSEL'S DIGEST


AB 1163, as amended, Irwin. Water supply planning: California Environmental Quality Act: photovoltaic or wind energy generation facility. Minors: power of attorney to care for a minor child.
Existing law authorizes a caregiver, who properly completes and signs a caregiver’s authorization affidavit, to provide specified care to a minor, including, among other care, enrolling the minor in school and consenting to school-related medical care on behalf of the minor. Existing law authorizes a caregiver who is a relative and properly completes and signs a caregiver’s authorization affidavit to consent to additional types of medical care for the minor. Existing law, the Power of Attorney Law, generally provides for the creation, modification, and revocation of a power of attorney.
This bill would authorize a parent to execute a power of attorney for the care of the parent’s minor child, if specified information is included within the power of attorney, except as specified. The bill would relieve a person who acts in good faith reliance on the authorized powers set forth in a power of attorney and without actual contrary knowledge from criminal or civil liability or professional discipline for that reliance, but would not relieve a person from liability for violations of other provisions of law. The bill would require the grant of authority in a power of attorney to care for a minor child to supersede the authority of a caregiver pursuant to a caregiver’s authorization affidavit.

Existing law requires a city or county that determines that a project, as defined, is subject to the California Environmental Quality Act to identify any public water system that may supply water for the project and to request those public water systems to prepare a specified water supply assessment. If no public water system is identified, the city or county is required to prepare the water supply assessment. Existing law defines “project” for purposes of these provisions as, among other things, a project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. For a public water system that has fewer than 5,000 service connections, existing law defines “project” as development that would account for a specified increase in the number of service connections. Existing law, until January 1, 2018, exempts from the definition of “project” a proposed photovoltaic or wind energy generation facility that would demand no more than 75 acre-feet of water annually.

This bill would indefinitely exempt from the definition of “project” a proposed photovoltaic or wind energy generation facility that would demand no more than 75 acre-feet of water annually. The bill would require a proposed photoelectric or wind energy generation facility that would demand no more than 75 acre-feet of water annually to prepare a construction water use analysis describing the facility’s water use during construction. The bill would require a city or county to include a construction water use analysis in any mitigated negative declaration or draft environmental impact report for the proposed facility, to notify any appropriate public water system of the availability of those documents, and to provide an opportunity for the public water system to comment. By increasing the duties of a city or county, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: YESNO  

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


SECTION 1.

 Part 1.7 (commencing with Section 6570) is added to Division 11 of the Family Code, to read:

PART 1.7. Power of Attorney to Care for Minor Child

6570.
 (a) (1) Except as provided in paragraph (2), a parent of a minor child may execute a power of attorney to provide for the care of the parent’s minor child. A power of attorney to care for a minor child shall comply with, and is subject to, the Power of Attorney Law (Division 4.5 (commencing with Section 4000) of the Probate Code) and shall additionally include all of the following:
(A) Name and address of the parent executing the power of attorney.
(B) The name and address of the parent who did not execute the power of attorney and whether that parent has authority to care for the minor child, if known.
(C) Name and address of the attorney-in-fact or agent who is authorized to provide the care for the minor child.
(D) Name and birthdate of minor child.
(E) Specification of the authorized powers of the attorney-in-fact or agent to provide care for the minor child.
(2) A power of attorney shall not provide an attorney-in-fact or agent with the authority to consent to the marriage or adoption of the minor child.
(b) (1) A person who acts in good faith reliance on the authorized powers set forth in a power of attorney executed pursuant to this section, without actual knowledge of facts contrary to those stated in the power of attorney, shall not be subject to criminal liability or to civil liability to any person, and shall not be subject to professional disciplinary action, for that reliance. This subdivision shall apply even if medical or dental care is provided to a minor child in contravention of the wishes of a parent or other person having legal custody of the minor child as long as the person providing the medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor child.
(2) A person who relies on a power of attorney has no obligation to make any further inquiry or investigation.
(3) This section shall not be deemed to relieve a person from liability for violations of other provisions of law.
(c) The authorized powers provided to an attorney-in-fact or agent pursuant to a power of attorney to care for a minor child shall supersede the authority of a caregiver pursuant to a caregiver’s authorization affidavit signed in compliance with Part 1.5 (commencing with Section 6550), even if the caregiver affidavit was signed after the power of attorney was created.
(d) A power of attorney to care for a minor child shall not be deemed to affect the rights of the minor child’s parents regarding the care, custody, and control of the minor child, and shall not be deemed to grant the attorney-in-fact or agent with legal custody of the minor child.
(e) For purposes of this part, “person” includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity.

SECTION 1.Section 10912 of the Water Code, as amended by Section 1 of Chapter 669 of the Statutes of 2016, is amended to read:
10912.

For the purposes of this part, the following terms have the following meanings:

(a)“Project” means any of the following:

(1)A proposed residential development of more than 500 dwelling units.

(2)A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space.

(3)A proposed commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space.

(4)A proposed hotel or motel, or both, having more than 500 rooms.

(5)(A)Except as otherwise provided in subparagraph (B), a proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area.

(B)A proposed photovoltaic or wind energy generation facility is not a project if the facility would demand no more than 75 acre-feet of water annually.

(6)A mixed-use project that includes one or more of the projects specified in this subdivision.

(7)A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project.

(b)If a public water system has fewer than 5,000 service connections, then “project” means any proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of the public water system’s existing service connections, or a mixed-use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water system’s existing service connections.

(c)“Public water system” means a system for the provision of piped water to the public for human consumption that has 3,000 or more service connections. A public water system includes all of the following:

(1)Any collection, treatment, storage, and distribution facility under control of the operator of the system that is used primarily in connection with the system.

(2)Any collection or pretreatment storage facility not under the control of the operator that is used primarily in connection with the system.

(3)Any person who treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption.

SEC. 2.Section 10912 of the Water Code, as amended by Section 2 of Chapter 669 of the Statutes of 2016, is repealed.
SEC. 3.Section 10912.5 is added to the Water Code, to read:
10912.5.

(a)A proposed photovoltaic or wind energy generation facility that would demand no more than 75 acre-feet of water annually shall prepare a construction water use analysis describing the facility’s water use during construction. The construction water use analysis shall describe the number of acre-feet to be used by the photovoltaic or wind energy generation facility during construction for purposes that include, but are not limited to, dust suppression, and shall include all of the following:

(1)The number of acre-feet of water to be used.

(2)The source and quality of the water.

(3)Alternative sources of water, if any.

(b)A city or county shall include a construction water use analysis in any mitigated negative declaration or draft environmental impact report for a proposed photovoltaic or wind energy generation facility that demands not more than 75 acre-feet of water annually. The city or county shall notify any appropriate public water system of the availability of a mitigated negative declaration or draft environmental impact report that contains a construction water use analysis and provide an opportunity for the public water system to comment.

(c)If any significant environmental effect arising out of a proposed photovoltaic or wind energy generation facility that demands no more than 75 acre-feet of water annually is identified, the city or county shall make the findings required by Section 21801 of the Public Resources Code.

(d)In approving a proposed photovoltaic or wind energy generation facility that demands no more than 75 acre-feet of water annually, a city or county shall find that the construction water use analysis has been prepared in compliance with this section.

SEC. 4.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.